6–20–01 Wednesday Vol. 66 No. 119 June 20, 2001 Pages 33013–33154
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1 II Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001
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2 III
Contents Federal Register Vol. 66, No. 119
Wednesday, June 20, 2001
Agriculture Department Uniqema, 33081–33084 See Rural Utilities Service Pesticides; experimental use permits, etc.: Aventis CropScience USA LP et al., 33084–33085 Alcohol, Tobacco and Firearms Bureau NOTICES Farm Credit Administration Agency information collection activities: NOTICES Proposed collection; comment request, 33132–33133 Meetings; Sunshine Act, 33085
Centers for Disease Control and Prevention Federal Aviation Administration NOTICES RULES Grants and cooperative agreements; availability, etc.: Airworthiness directives: Addressing Asthma from Public Health Perspective, Bell, 33019–33020 33095–33099 Boeing, 33016–33017 Construcciones Aeronauticas, S.A. (CASA), 33014–33016 Coast Guard McDonnell Douglas, 33017–33019 RULES Raytheon, 33013–33014 Drawbridge operations: NOTICES Washington, 33024–33026 Advisory circulars; availability, etc.: Ports and waterways safety: Windows, windshields, and mounting structures; Captain of the Port Detroit Zone, MI; safety zone, 33026 certification requirements, 33122–33123 Regattas and marine parades: High-density airports; takeoff and landing slots, slot Swimming Cross San Juan Harbor, 33023–33024 exemption lottery, and slot allocation procedures: LaGuardia Airport, NY; alternative policy options; Commerce Department correction, 33123 See International Trade Administration Meetings: See National Oceanic and Atmospheric Administration Fire and Cabin Safety Research International Conference; Defense Department correction, 33134 See Navy Department RTCA, Inc., 33123–33125 Passenger facility charges; applications, etc.: Education Department Alpena County, MI, et al., 33125–33126 NOTICES Grants and cooperative agreements; availability, etc.: Federal Election Commission Elementary and secondary education— NOTICES Migrant Education Programs, 33054–33055 Meetings; Sunshine Act, 33085 Music Educators Professional Development Program, 33055–33057 Federal Energy Regulatory Commission Vocational and adult education— NOTICES High School Reform State Program, 33135–33154 Electric rate and corporate regulation filings: Carolina Power & Light Co. et al., 33064–33065 Energy Department Plains End, LLC, et al., 33065–33069 See Federal Energy Regulatory Commission Hydroelectric applications, 33069–33078 Applications, hearings, determinations, etc.: Environmental Protection Agency AIG Energy Trading Inc., 33057–33058 RULES Columbia Gas Transmission Corp., 33058 Air quality implementation plans; approval and Columbia Gulf Transmission Co., 33058–33059 promulgation; various States: Commonwealth Edison Co., 33059 Alaska, 33027–33029 Entergy Nuclear Indian Point 2, LLC, 33059 Arizona; withdrawn, 33029–33030 Granite State Gas Transmission, 33059–33060 Water pollution; effluent guidelines for point source Kinder Morgan Interstate Gas Transmission LLC, 33060 categories: Northern Natural Gas Co., 33060 Oil and gas extraction; synthetic-based and other non- PacifiCorp, 33061 aqueous drilling fluids Panhandle Eastern Pipe Line Co., 33061–33062 Correction, 33134 PG&E Gas Transmission, Northwest Corp., 33062 PROPOSED RULES Sea Robin Pipeline Co., 33062 Air quality implementation plans; approval and Southwest Gas Storage Co., 33062–33063 promulgation; various States: Tennessee Gas Pipeline Co., 33063–33064 Alaska, 33036–33037 Trunkline Gas Co., 33064 Hazardous waste program authorizations: Trunkline LNG Co., 33064 California, 33037–33046 NOTICES Federal Maritime Commission Pesticide, food, and feed additive petitions: NOTICES Aventis CropSciences, 33078–33081 Agreements filed, etc., 33085
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Ocean transportation intermediary licenses: International Trade Administration CTX Express, Inc., et al., 33085–33086 NOTICES Antidumping: Federal Trade Commission Structural steel beams from— NOTICES Various countries, 33048–33052 Premerger notification waiting periods; early terminations, Grants and cooperative agreements; availability, etc.: 33086–33087 International Buyer Program; domestic trade shows Prohibited trade practices: support (2003 FY), 33052–33053 Aaron Co., 33087–33088 ForMor, Inc., et al., 33088–33090 Justice Department Jaguar Enterprises of Santa Ana, 33090–33092 See Parole Commission MaxCell BioScience, Inc., et al., 33092–33093 Panda Herbal International, Inc., et al., 33093–33095 Labor Department See Pension and Welfare Benefits Administration
Fish and Wildlife Service Minerals Management Service PROPOSED RULES NOTICES Endangered and threatened species: Environmental statements; availability, etc.: Critical habitat designations— TotalFinaElf Exploration & Production USA, Inc., et al.; Quino checkerspot butterfly, 33046–33047 hydrocarbon reserves off Louisiana and Alabama; deepwater development plan, 33109 Food and Drug Administration NOTICES National Highway Traffic Safety Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 33099– Motor vehicle theft prevention standards; exemption 33100 petitions, etc.: Human drugs: General Motors Corp., 33126–33128 Drug products discontinued from sale for reasons other than safety or effectiveness— National Institutes of Health Metformin hydrochloride 625 and 750 milligram NOTICES tablets, 33100–33101 Agency information collection activities: Meetings: Proposed collection; comment request, 33103–33105 Biological Response Modifiers Advisory Committee, Inventions, Government-owned; availability for licensing, 33101 33105–33106 Reports and guidance documents; availability, etc.: Meetings: Vibrio parahaemolyticus in raw molluscan shellfish, Complementary and Alternative Medicine Policy, White public health impact; risk assessment document, House Commission, 33106–33107 33101–33102 National Human Genome Research Institute, 33107 National Institute of Environmental Health Sciences, Health and Human Services Department 33107–33108 See Centers for Disease Control and Prevention National Institute on Drug Abuse, 33108 See Food and Drug Administration National Library of Medicine, 33108 See Health Care Financing Administration Scientific Review Center, 33108–33109 See National Institutes of Health National Oceanic and Atmospheric Administration Health Care Financing Administration RULES Fishery conservation and management: RULES Alaska; fisheries of Exclusive Economic Zone— Medicare and Medicaid: Regulations consolidation; correction, 33031 End-stage renal disease coverage; state of emergency in Houston, TX; waiver of conditions, 33030–33031 NOTICES Navy Department Agency information collection activities: NOTICES Submission for OMB review; comment request, 33102– Inventions, Government-owned; availability for licensing, 33103 33053–33054 Nuclear Regulatory Commission Housing and Urban Development Department RULES RULES Domestic licensing proceedings and issuance of orders; Low-income housing: practice rules: One-strike screening and eviction for drug abuse and High-level radioactive waste disposal at geologic other criminal activity repository; licensing support network; design Correction, 33134 standards for participating websites Correction, 33013 Interior Department Spent nuclear fuel and high-level radioactive waste; See Fish and Wildlife Service independent storage; licensing requirements: See Minerals Management Service Changes, tests, and experiments See Surface Mining Reclamation and Enforcement Office Correction, 33013
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NOTICES West Virginia, 33120 Applications, hearings, determinations, etc.: FirstEnergy Nuclear Operating Co. et al., 33111–33113 Social Security Administration NOTICES Parole Commission Agency information collection activities: NOTICES Proposed collection; comment request, 33120–33122 Meetings; Sunshine Act, 33109–33110 State Department Pension and Welfare Benefits Administration NOTICES NOTICES Art objects; importation for exhibition: Agency information collection activities: Bernardo Bellotto and the Capitals of Europe, 33122 Proposed collection; comment request, 33110–33111 Gifts to the Tsars 1500-1700, Treasures from the Kremlin, 33122 Postal Rate Commission PROPOSED RULES Surface Mining Reclamation and Enforcement Office Practice and procedure: RULES Electronic filing procedures; technical conference, 33034– Permanent program and abandoned mine land reclamation 33036 plan submissions: Kentucky, 33020–33023 Public Health Service PROPOSED RULES See Centers for Disease Control and Prevention Permanent program and abandoned mine land reclamation See Food and Drug Administration plan submissions: See National Institutes of Health West Virginia, 33032–33034 Rural Utilities Service Transportation Department NOTICES See Coast Guard Environmental statements; availability, etc.: See Federal Aviation Administration Arkansas Electric Cooperative Corp., 33048 See National Highway Traffic Safety Administration Securities and Exchange Commission Treasury Department NOTICES See Alcohol, Tobacco and Firearms Bureau Agency information collection activities: NOTICES Submission for OMB review; comment request, 33113– Agency information collection activities: 33114 Submission for OMB review; comment request, 33128– Investment Company Act of 1940: 33132 Exemption applications— First Allmerica Financial Life Insurance Co. et al., 33114–33117 Self-regulatory organizations; proposed rule changes: Separate Parts In This Issue Chicago Board Options Exchange, Inc.; correction, 33134 Cincinnati Stock Exchange, Inc., 33118–33120 Part II Philadelphia Stock Exchange, Inc.; correction, 33134 Department of Education, 33135–33154
Small Business Administration NOTICES Reader Aids Disaster loan areas: Consult the Reader Aids section at the end of this issue for Kentucky, 33120 phone numbers, online resources, finding aids, reminders, Louisiana, 33120 and notice of recently enacted public laws.
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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.
10 CFR 2...... 33013 72...... 33013 14 CFR 39 (5 documents) ...... 33013, 33014, 33016, 33017, 33019 24 CFR 966...... 33134 30 CFR 917...... 33020 Proposed Rules: 948...... 33032 33 CFR 100...... 33023 117...... 33024 165...... 33026 39 CFR Proposed Rules: 3001...... 33034 40 CFR 52 (2 documents) ...... 33027, 33029 435...... 33134 Proposed Rules: 52...... 33036 271...... 33037 42 CFR 405...... 33030 50 CFR 679...... 33031 Proposed Rules: 17...... 33046
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Rules and Regulations Federal Register Vol. 66, No. 119
Wednesday, June 20, 2001
This section of the FEDERAL REGISTER NUCLEAR REGULATORY Hawker 800XP series airplanes, that contains regulatory documents having general COMMISSION requires an inspection to confirm the applicability and legal effect, most of which installation of rivets at fuselage stations are keyed to and codified in the Code of 10 CFR Part 72 251.975, 262.35, 272.725, and 283.10, Federal Regulations, which is published under and installation of new rivets, if 50 titles pursuant to 44 U.S.C. 1510. RIN 3150–AF94 necessary. The actions specified by this The Code of Federal Regulations is sold by Changes, Tests, and Experiments; AD are intended to detect and correct the Superintendent of Documents. Prices of Correction fatigue cracking of the fuselage skin, and new books are listed in the first FEDERAL consequent loss of cabin pressurization. REGISTER issue of each week. AGENCY: Nuclear Regulatory This action is intended to address the Commission. identified unsafe condition. ACTION: Final rule; correction. NUCLEAR REGULATORY DATES: Effective July 25, 2001. COMMISSION SUMMARY: This document is necessary to The incorporation by reference of correct three erroneous Federal Register certain publications listed in the 10 CFR Part 2 citations appearing in a document regulations is approved by the Director published on February 26, 2001 (66 FR of the Federal Register as of July 25, RIN 3150–AG44 11527). 2001. FOR FURTHER INFORMATION CONTACT: ADDRESSES: The service information Licensing Proceedings for the Receipt Jayne McCausland, Office of Nuclear referenced in this AD may be obtained of High-Level Radioactive Waste at a Material Safety and Safeguards, Nuclear from Raytheon Aircraft Company, Geologic Repository; Licensing Regulatory Commission, telephone 301– Department 62, P.O. Box 85, Wichita, Support Network, Design Standards 415–6219, e-mail: [email protected]. Kansas 67201–0085. This information for Participating Websites; Correction SUPPLEMENTARY INFORMATION: may be examined at the Federal On page 11527, in the first column, in Aviation Administration (FAA), AGENCY: Nuclear Regulatory the SUMMARY paragraph, in the third Transport Airplane Directorate, Rules Commission. line, ‘‘65’’ is corrected to read ‘‘64.’’ Docket, 1601 Lind Avenue, SW., ACTION: Final rule; correction. On page 11527, in the first column, in Renton, Washington; or at the FAA, the Background paragraph, in both the Wichita Aircraft Certification Office, first and last lines of the paragraph, 1801 Airport Road, Room 100, Wichita, SUMMARY: This document corrects a ‘‘64’’ is corrected to read ‘‘63’’. Kansas; or at the Office of the Federal rulemaking appearing in the Federal Register, 800 North Capitol Street, NW., Register on May 31, 2001 (66 FR 29453). Dated at Rockville, Maryland, this 14th day suite 700, Washington, DC. This document is necessary to correct of June 2001. the omission of a word. For the Nuclear Regulatory Commission. FOR FURTHER INFORMATION CONTACT: Alzonia W. Shepard, David Ostrodka, Aerospace Engineer, FOR FURTHER INFORMATION CONTACT: Acting Chief, Rules and Directives Branch, Airframe Branch, ACE–118W, FAA, Francis X. Cameron, Office of the Division of Administrative Services, Office Wichita Aircraft Certification Office, General Counsel, Nuclear Regulatory of Administration. 1801 Airport Road, Room 100, Wichita, Commission, telephone 301–415–1642, [FR Doc. 01–15472 Filed 6–19–01; 8:45 am] Kansas 67209; telephone (316) 946– e-mail: [email protected]. BILLING CODE 7590–01–P 4129; fax (316) 946–4407. SUPPLEMENTARY INFORMATION: On page SUPPLEMENTARY INFORMATION: A 29460, in the third column, in Footnote proposal to amend part 39 of the Federal 3, the 21st line, insert the word ‘‘or’’ DEPARTMENT OF TRANSPORTATION Aviation Regulations (14 CFR part 39) to after ‘‘application’’. include an airworthiness directive (AD) Federal Aviation Administration that is applicable to certain Raytheon Dated at Rockville, Maryland, this 14th day Model Hawker 800XP series airplanes of June 2001. 14 CFR Part 39 was published in the Federal Register For the Nuclear Regulatory Commission. [Docket No. 2000–NM–176–AD, Amendment on March 29, 2001 (66 FR 17103). That Alzonia W. Shepard, 39–12273; AD 2001–12–17] action proposed to require an inspection Acting Chief, Rules and Directives Branch, to confirm the installation of rivets at Division of Administrative Services, Office RIN 2120–AA64 fuselage stations 251.975, 262.35, of Administration. 272.725, and 283.10, and installation of Airworthiness Directives; Raytheon new rivets, if necessary. [FR Doc. 01–15473 Filed 6–19–01; 8:45 am] Model Hawker 800XP Series Airplanes BILLING CODE 7590–01–P Comments AGENCY: Federal Aviation Administration, DOT. Interested persons have been afforded ACTION: Final rule. an opportunity to participate in the making of this amendment. No SUMMARY: This amendment adopts a comments were submitted in response new airworthiness directive (AD), to the proposal or the FAA’s applicable to certain Raytheon Model determination of the cost to the public.
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Conclusion Adoption of the Amendment provides an acceptable level of safety may be used if approved by the Manager, Wichita The FAA has determined that air Accordingly, pursuant to the Aircraft Certification Office (ACO), FAA. safety and the public interest require the authority delegated to me by the Operators shall submit their requests through adoption of the rule as proposed. Administrator, the Federal Aviation an appropriate FAA Principal Maintenance Administration amends part 39 of the Inspector, who may add comments and then Cost Impact Federal Aviation Regulations (14 CFR send it to the Manager, Wichita ACO. There are approximately 124 Model part 39) as follows: Note 3: Information concerning the Hawker 800XP series airplanes of the existence of approved alternative methods of affected design in the worldwide fleet. PART 39—AIRWORTHINESS compliance with this AD, if any, may be The FAA estimates that 87 airplanes of DIRECTIVES obtained from the Wichita ACO. U.S. registry will be affected by this AD, Special Flight Permits that it will take approximately 2 work 1. The authority citation for part 39 hours per airplane to accomplish the continues to read as follows: (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 required actions, and that the average Authority: 49 U.S.C. 106(g), 40113, 44701. of the Federal Aviation Regulations (14 CFR labor rate is $60 per work hour. Based § 39.13 [Amended] 21.197 and 21.199) to operate the airplane to on these figures, the cost impact of the a location where the requirements of this AD AD on U.S. operators is estimated to be 2. Section 39.13 is amended by can be accomplished. $10,440, or $120 per airplane. adding the following new airworthiness Incorporation by Reference The cost impact figure discussed directive: (d) The actions shall be done in accordance above is based on assumptions that no 2001–12–17 Raytheon Aircraft Company: operator has yet accomplished any of with Raytheon Service Bulletin 51–3336, Amendment 39–12273. Docket 2000– Revision 1, dated January 2001. This the requirements of this AD action, and NM–176–AD. incorporation by reference was approved by that no operator would accomplish Applicability: Model Hawker 800XP series the Director of the Federal Register in those actions in the future if this AD airplanes, certificated in any category, having accordance with 5 U.S.C. 552(a) and 1 CFR were not adopted. The cost impact the following serial numbers 258266, and part 51. Copies may be obtained from figures discussed in AD rulemaking 258277 through 258399 inclusive. Raytheon Aircraft Company, Department 62, actions represent only the time Note 1: This AD applies to each airplane P.O. Box 85, Wichita, Kansas 67201–0085. necessary to perform the specific actions identified in the preceding applicability Copies may be inspected at the FAA, actually required by the AD. These provision, regardless of whether it has been Transport Airplane Directorate, 1601 Lind figures typically do not include modified, altered, or repaired in the area Avenue, SW., Renton, Washington; or at the FAA, Wichita Aircraft Certification Office, incidental costs, such as the time subject to the requirements of this AD. For airplanes that have been modified, altered, or 1801 Airport Road, Room 100, Wichita, required to gain access and close up, repaired so that the performance of the Kansas; or at the Office of the Federal planning time, or time necessitated by requirements of this AD is affected, the Register, 800 North Capitol Street, NW., suite other administrative actions. owner/operator must request approval for an 700, Washington, DC. Regulatory Impact alternative method of compliance in Effective Date accordance with paragraph (b) of this AD. The regulations adopted herein will The request should include an assessment of (e) This amendment becomes effective on not have a substantial direct effect on the effect of the modification, alteration, or July 25, 2001. the States, on the relationship between repair on the unsafe condition addressed by Issued in Renton, Washington, on June 11, the national Government and the States, this AD; and, if the unsafe condition has not 2001. been eliminated, the request should include Donald L. Riggin, or on the distribution of power and specific proposed actions to address it. responsibilities among the various Acting Manager, Transport Airplane Compliance: Required as indicated, unless Directorate, Aircraft Certification Service. levels of government. Therefore, it is accomplished previously. determined that this final rule does not To detect and correct fatigue cracking of [FR Doc. 01–15211 Filed 6–19–01; 8:45 am] have federalism implications under the fuselage skin, and consequent loss of BILLING CODE 4910–13–P Executive Order 13132. cabin pressurization, accomplish the For the reasons discussed above, I following: DEPARTMENT OF TRANSPORTATION certify that this action (1) is not a Inspection and Corrective Action ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a (a) Within 600 flight hours or 12 months Federal Aviation Administration after the effective date of this AD, whichever ‘‘significant rule’’ under DOT occurs first: Do a one-time detailed visual 14 CFR Part 39 Regulatory Policies and Procedures (44 inspection to confirm the installation of FR 11034, February 26, 1979); and (3) rivets at fuselage stations 251.975, 262.35, [Docket No. 2000–NM–262–AD; Amendment will not have a significant economic 272.725, and 283.10. Do the inspection per 39–12274; AD 2001–12–18] impact, positive or negative, on a the Accomplishment Instructions of substantial number of small entities Raytheon Service Bulletin 51–3336, Revision RIN 2120–AA64 under the criteria of the Regulatory 1, dated January 2001. If any rivet is missing, before further flight, install a new rivet per Airworthiness Directives; Flexibility Act. A final evaluation has Construcciones Aeronauticas, S.A. been prepared for this action and it is the Accomplishment Instructions of the service bulletin. (CASA), Model CN–235 Series contained in the Rules Docket. A copy Airplanes of it may be obtained from the Rules Note 2: Accomplishment of the actions in accordance with Raytheon Service Bulletin AGENCY: Federal Aviation Docket at the location provided under 51–3336, dated May 2000, is acceptable for the caption ADDRESSES. compliance with the requirements of Administration, DOT. List of Subjects in 14 CFR Part 39 paragraph (a) of this AD. ACTION: Final rule. Air transportation, Aircraft, Aviation Alternative Methods of Compliance SUMMARY: This amendment adopts a safety, Incorporation by reference, (b) An alternative method of compliance or new airworthiness directive (AD), Safety. adjustment of the compliance time that applicable to certain CASA Model CN–
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235 series airplanes, that requires Cost Impact Docket at the location provided under modification of the rigging of the engine the caption ADDRESSES. control cable assembly and replacement The FAA estimates that 2 airplanes of List of Subjects in 14 CFR Part 39 of either the entire engine control cable U.S. registry will be affected by this AD, assembly or a segment of the control that it will take approximately 8 work Air transportation, Aircraft, Aviation cables. This amendment is prompted by hours per airplane to accomplish the safety, Incorporation by reference, issuance of mandatory continuing required modification, and that the Safety. average labor rate is $60 per work hour. airworthiness information issued by a Adoption of the Amendment foreign airworthiness authority. The Based on these figures, the cost impact actions specified by this AD are of the required modification on U.S. Accordingly, pursuant to the intended to prevent fatigue of the engine operators is estimated to be $960, or authority delegated to me by the control cables, leading to breakage of the $480 per airplane. Administrator, the Federal Aviation cables, which could result in reduced The FAA estimates that it will take Administration amends part 39 of the controllability of the airplane. This approximately 47 work hours per Federal Aviation Regulations (14 CFR action is intended to address the airplane to accomplish the required part 39) as follows: identified unsafe condition. replacement of either the engine control cable assembly or a segment of the PART 39—AIRWORTHINESS DATES: Effective July 25, 2001. control cables, and that the average DIRECTIVES The incorporation by reference of labor rate is $60 per work hour. 1. The authority citation for part 39 certain publications listed in the Required parts will cost approximately continues to read as follows: regulations is approved by the Director $1,444 per airplane. Based on these of the Federal Register as of July 25, figures, the cost impact of the required Authority: 49 U.S.C. 106(g), 40113, 44701. 2001. modification on U.S. operators is § 39.13 [Amended] estimated to be $8,528, or $4,264 per ADDRESSES: The service information airplane. 2. Section 39.13 is amended by referenced in this AD may be obtained adding the following new airworthiness The cost impact figures discussed directive: from Construcciones Aeronauticas, S.A., above are based on assumptions that no Getafe, Madrid, Spain. This information operator has yet accomplished any of 2001–12–18 Construcciones Aeronauticas, may be examined at the Federal the requirements of this AD action, and S.A. (CASA): Amendment 39–12274. Docket 2000–NM–262–AD. Aviation Administration (FAA), that no operator would accomplish Transport Airplane Directorate, Rules those actions in the future if this AD Applicability: Model CN–235 series airplanes, serial numbers C001 to C074, Docket, 1601 Lind Avenue, SW., were not adopted. The cost impact Renton, Washington; or at the Office of certificated in any category. figures discussed in AD rulemaking Note 1: This AD applies to each airplane the Federal Register, 800 North Capitol actions represent only the time Street, NW., suite 700, Washington, DC. identified in the preceding applicability necessary to perform the specific actions provision, regardless of whether it has been FOR FURTHER INFORMATION CONTACT: Dan actually required by the AD. These modified, altered, or repaired in the area Rodina, Aerospace Engineer, ANM–116, figures typically do not include subject to the requirements of this AD. For FAA, Transport Airplane Directorate, incidental costs, such as the time airplanes that have been modified, altered, or 1601 Lind Avenue, SW., Renton, required to gain access and close up, repaired so that the performance of the requirements of this AD is affected, the Washington 98055–4056; telephone planning time, or time necessitated by other administrative actions. owner/operator must request approval for an (425) 227–2125; fax (425) 227–1149. alternative method of compliance in SUPPLEMENTARY INFORMATION: A Regulatory Impact accordance with paragraph (c) of this AD. proposal to amend part 39 of the Federal The request should include an assessment of The regulations adopted herein will the effect of the modification, alteration, or Aviation Regulations (14 CFR part 39) to not have a substantial direct effect on repair on the unsafe condition addressed by include an airworthiness directive (AD) the States, on the relationship between this AD; and, if the unsafe condition has not that is applicable to certain CASA the national Government and the States, been eliminated, the request should include Model CN–235 series airplanes was or on the distribution of power and specific proposed actions to address it. published in the Federal Register on responsibilities among the various Compliance: Required as indicated, unless March 19, 2001 (66 FR 15363). That levels of government. Therefore, it is accomplished previously. To prevent fatigue of the engine control action proposed to require modification determined that this final rule does not of the rigging of the engine control cable cables, leading to breakage of the engine have federalism implications under control cables, which could result in reduced assembly and replacement of either the Executive Order 13132. entire engine control cable assembly or controllability of the airplane, accomplish the following: a segment of the control cables. For the reasons discussed above, I certify that this action (1) is not a Modification Comments ‘‘significant regulatory action’’ under (a) Within 15 days after the effective date Executive Order 12866; (2) is not a Interested persons have been afforded of this AD: Rig the power lever and condition ‘‘significant rule’’ under DOT lever control stops, in accordance with CASA an opportunity to participate in the Regulatory Policies and Procedures (44 COM 235–140, Revision 01, dated March 21, making of this amendment. No FR 11034, February 26, 1979); and (3) 2000. comments were submitted in response will not have a significant economic Replacement to the proposal or the FAA’s impact, positive or negative, on a determination of the cost to the public. substantial number of small entities (b) Prior to the accumulation of 12,000 total flight cycles or within 6 months after Conclusion under the criteria of the Regulatory the effective date of this AD, whichever Flexibility Act. A final evaluation has occurs later: Replace either the entire engine The FAA has determined that air been prepared for this action and it is control cable assembly (part number 7– safety and the public interest require the contained in the Rules Docket. A copy 44728–12) with a new assembly or replace a adoption of the rule, as proposed. of it may be obtained from the Rules segment of the control cable (part number
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72830–20) with a new segment, in ACTION: Final rule. Comments accordance with CASA COM 235–140, Revision 01, dated March 21, 2000. SUMMARY: This amendment adopts a Interested persons have been afforded an opportunity to participate in the Alternative Methods of Compliance new airworthiness directive (AD), applicable to certain Boeing Model 747– making of this amendment. Due (c) An alternative method of compliance or 400 series airplanes, that requires an consideration has been given to the adjustment of the compliance time that inspection to detect miswiring of diodes single comment received. provides an acceptable level of safety may be The commenter supports the in the heating system of the pitot static used if approved by the Manager, proposed rule. International Branch, ANM–116, Transport probes, and corrective action, if Airplane Directorate, FAA. Operators shall necessary. The actions specified by this Conclusion submit their requests through an appropriate AD are intended to prevent reduced After careful review of the available FAA Principal Maintenance Inspector, who power to the heating system of the pitot may add comments and then send it to the data, including the comment noted static probes, leading to ice above, the FAA has determined that air Manager, International Branch, ANM–116. accumulation on the pitot static probes, Note 2: Information concerning the safety and the public interest require the which could result in erroneous adoption of the rule with the change existence of approved alternative methods of airspeed or altitude indications to the compliance with this AD, if any, may be described previously. The FAA has obtained from the International Branch, flight crew, and consequent reduced determined that this change will neither ANM–116. operational safety in all phases of flight. increase the economic burden on any This action is intended to address the operator nor increase the scope of this Special Flight Permits identified unsafe condition. AD. (d) Special flight permits may be issued in DATES: Effective July 25, 2001. accordance with sections 21.197 and 21.199 The incorporation by reference of Cost Impact of the Federal Aviation Regulations (14 CFR certain publications listed in the There are approximately 497 Model 21.197 and 21.199) to operate the airplane to regulations is approved by the Director 747–400 series airplanes of the affected a location where the requirements of this AD design in the worldwide fleet. The FAA can be accomplished. of the Federal Register as of July 25, 2001. estimates that 69 airplanes of U.S. Incorporation by Reference registry will be affected by this AD, that ADDRESSES: The service information (e) The actions shall be done in accordance referenced in this AD may be obtained it will take approximately 2 work hours with CASA COM 235–140, Revision 01, from Boeing Commercial Airplane per airplane to accomplish the required dated March 21, 2000. This incorporation by actions, and that the average labor rate Group, P.O. Box 3707, Seattle, reference was approved by the Director of the is $60 per work hour. Based on these Washington 98124–2207. This Federal Register in accordance with 5 U.S.C. figures, the cost impact of the AD on information may be examined at the 552(a) and 1 CFR part 51. Copies may be U.S. operators is estimated to be $8,280, obtained from Construcciones Aeronauticas, Federal Aviation Administration (FAA), S.A., Getafe, Madrid, Spain. Copies may be or $120 per airplane. Transport Airplane Directorate, Rules The cost impact figure discussed inspected at the FAA, Transport Airplane Docket, 1601 Lind Avenue, SW., Directorate, 1601 Lind Avenue, SW., Renton, above is based on assumptions that no Renton, Washington; or at the Office of operator has yet accomplished any of Washington; or at the Office of the Federal the Federal Register, 800 North Capitol Register, 800 North Capitol Street, NW., suite the requirements of this AD action, and 700, Washington, DC. Street, NW., suite 700, Washington, DC. that no operator would accomplish Note 3: The subject of this AD is addressed FOR FURTHER INFORMATION CONTACT: Don those actions in the future if this AD in Spanish airworthiness directive 03/00, Eiford, Aerospace Engineer, Systems were not adopted. The cost impact dated March 2000. and Equipment Branch, ANM–130S, figures discussed in AD rulemaking FAA, Seattle Aircraft Certification Effective Date actions represent only the time Office, 1601 Lind Avenue, SW., Renton, necessary to perform the specific actions (f) This amendment becomes effective on Washington 98055–4056; telephone actually required by the AD. These July 25, 2001. (425) 227–2788; fax (425) 227–1181. figures typically do not include Issued in Renton, Washington, on June 11, SUPPLEMENTARY INFORMATION: A Notice incidental costs, such as the time 2001. of Proposed Rulemaking (NPRM) to required to gain access and close up, Donald L. Riggin, amend part 39 of the Federal Aviation planning time, or time necessitated by Acting Manager, Transport Airplane Regulations (14 CFR part 39) to include other administrative actions. Directorate, Aircraft Certification Service. an airworthiness directive (AD) [FR Doc. 01–15210 Filed 6–19–01; 8:45 am] applicable to certain Boeing Model 747– Regulatory Impact BILLING CODE 4910–13–P 400 series airplanes was published in The regulations adopted herein will the Federal Register on February 21, not have a substantial direct effect on 2001 (66 FR 10972). That action the States, on the relationship between DEPARTMENT OF TRANSPORTATION proposed to require an inspection to the national Government and the States, detect miswiring of diodes in the or on the distribution of power and Federal Aviation Administration heating system of the pitot static probes, responsibilities among the various and corrective action, if necessary. levels of government. Therefore, it is 14 CFR Part 39 determined that this final rule does not Editorial Change [Docket No. 2000–NM–320–AD; Amendment have federalism implications under 39–12269; AD 2001–12–14] The compliance time for rewiring of Executive Order 13132. any miswiring, detected during the For the reasons discussed above, I RIN 2120–AA64 special detailed inspection required by certify that this action (1) is not a Airworthiness Directives; Boeing paragraph (a) of this AD, was ‘‘significant regulatory action’’ under Model 747–400 Series Airplanes inadvertently omitted. Paragraph (a) of Executive Order 12866; (2) is not a this AD has been changed to require ‘‘significant rule’’ under DOT AGENCY: Federal Aviation rewiring of any miswiring prior to Regulatory Policies and Procedures (44 Administration, DOT. further flight. FR 11034, February 26, 1979); and (3)
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will not have a significant economic inspection to detect miswiring of diodes in Issued in Renton, Washington, on June 11, impact, positive or negative, on a the heating system of the pitot static probes 2001. substantial number of small entities by using a multimeter to verify continuity Donald L. Riggin, under the criteria of the Regulatory between certain relay sockets, absence of a Acting Manager, Transport Airplane Flexibility Act. A final evaluation has diode between certain relay sockets, and Directorate, Aircraft Certification Service. been prepared for this action and it is diode orientation between certain relay [FR Doc. 01–15209 Filed 6–19–01; 8:45 am] sockets, per Boeing Alert Service Bulletin contained in the Rules Docket. A copy BILLING CODE 4910–13–P 747–30A2078, Revision 1, dated November of it may be obtained from the Rules 16, 2000. If any miswiring is found, prior to Docket at the location provided under further flight, rewire per Boeing 747–400 the caption ADDRESSES. Wiring Diagrams 30–31–11 and 30–31–21, as DEPARTMENT OF TRANSPORTATION List of Subjects in 14 CFR Part 39 referenced in the service bulletin. Federal Aviation Administration Air transportation, Aircraft, Aviation Note 2: Inspections accomplished prior to the effective date of this AD per Boeing Alert safety, Incorporation by reference, 14 CFR Part 39 Service Bulletin 747–30A2078, dated August Safety. 24, 2000, are considered acceptable for [Docket No. 2000–NM–323–AD; Amendment Adoption of the Amendment compliance with the applicable action 39–12270; AD 2001–12–15] specified in this amendment. Accordingly, pursuant to the RIN 2120–AA64 authority delegated to me by the Note 3: For the purposes of this AD, a Administrator, the Federal Aviation special detailed inspection is defined as: ‘‘An intensive examination of a specific item(s), Airworthiness Directives; McDonnell Administration amends part 39 of the installation, or assembly to detect damage, Douglas Model MD–90–30 Series Federal Aviation Regulations (14 CFR failure, or irregularity. The examination is Airplanes part 39) as follows: likely to make extensive use of specialized AGENCY: inspection techniques and/or equipment. Federal Aviation PART 39—AIRWORTHINESS Intricate cleaning and substantial access or Administration, DOT. DIRECTIVES disassembly procedures may be required.’’ ACTION: Final rule. 1. The authority citation for part 39 Alternative Methods of Compliance SUMMARY: This amendment adopts a continues to read as follows: (b) An alternative method of compliance or new airworthiness directive (AD), Authority: 49 U.S.C. 106(g), 40113, 44701. adjustment of the compliance time that applicable to certain McDonnell § 39.13 [Amended] provides an acceptable level of safety may be Douglas Model MD–90–30 series used if approved by the Manager, Seattle airplanes, that requires revising the 2. Section 39.13 is amended by Aircraft Certification Office (ACO), FAA. wiring of the selective calling (SELCAL) adding the following new airworthiness Operators shall submit their requests through system. The actions specified by this AD directive: an appropriate FAA Principal Maintenance are intended to prevent inadvertent very Inspector, who may add comments and then high frequency transmissions and 2001–12–14 Boeing: Amendment 39–12269. send it to the Manager, Seattle ACO. Docket 2000–NM–320–AD. subsequent loss of radio Note 4: Information concerning the Applicability: Model 747–400 series communications for airplane and/or airplanes, as listed in Boeing Alert Service existence of approved alternative methods of airport operations; and to prevent Bulletin 747–30A2078, Revision 1, dated compliance with this AD, if any, may be inadvertent high frequency November 16, 2000; certificated in any obtained from the Seattle ACO. transmissions and subsequent electrical category. Special Flight Permits shock to ground service personnel and/ Note 1: This AD applies to each airplane or damage to the airplane during fueling identified in the preceding applicability (c) Special flight permits may be issued in operations or fuel tank maintenance. accordance with sections 21.197 and 21.199 provision, regardless of whether it has been This action is intended to address the of the Federal Aviation Regulations (14 CFR modified, altered, or repaired in the area identified unsafe condition. subject to the requirements of this AD. For 21.197 and 21.199) to operate the airplane to airplanes that have been modified, altered, or a location where the requirements of this AD DATES: Effective July 25, 2001. repaired so that the performance of the can be accomplished. The incorporation by reference of requirements of this AD is affected, the certain publications listed in the Incorporation by Reference owner/operator must request approval for an regulations is approved by the Director alternative method of compliance in (d) Except as provided by paragraph (a) of of the Federal Register as of July 25, accordance with paragraph (b) of this AD. this AD, The actions shall be done in 2001. The request should include an assessment of accordance with Boeing Alert Service the effect of the modification, alteration, or Bulletin 747–30A2078, Revision 1, dated ADDRESSES: The service information repair on the unsafe condition addressed by November 16, 2000. This incorporation by referenced in this AD may be obtained this AD; and, if the unsafe condition has not reference was approved by the Director of the from Boeing Commercial Aircraft been eliminated, the request should include Federal Register in accordance with 5 U.S.C. specific proposed actions to address it. Group, Long Beach Division, 3855 552(a) and 1 CFR part 51. Copies may be Lakewood Boulevard, Long Beach, Compliance: Required as indicated, unless obtained from Boeing Commercial Airplane accomplished previously. California 90846, Attention: Data and Group, P.O. Box 3707, Seattle, Washington To prevent reduced power to the heating Service Management, Dept. C1–L5A system of the pitot static probes, leading to 98124–2207. Copies may be inspected at the (D800–0024). This information may be ice accumulation on the pitot static probes, FAA, Transport Airplane Directorate, 1601 examined at the Federal Aviation which could result in erroneous airspeed or Lind Avenue, SW., Renton, Washington; or at Administration (FAA), Transport altitude indications to the flight crew, and the Office of the Federal Register, 800 North Airplane Directorate, Rules Docket, consequent reduced operational safety in all Capitol Street, NW., suite 700, Washington, DC. 1601 Lind Avenue, SW., Renton, phases of flight, accomplish the following: Washington; or at the FAA, Los Angeles Inspection Effective Date Aircraft Certification Office, 3960 (a) Within 15 months after the effective (e) This amendment becomes effective on Paramount Boulevard, Lakewood, date of this AD, perform a special detailed July 25, 2001. California; or at the Office of the Federal
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Register, 800 North Capitol Street, NW., Regulatory Impact accordance with paragraph (b) of this AD. suite 700, Washington, DC. The request should include an assessment of The regulations adopted herein will the effect of the modification, alteration, or FOR FURTHER INFORMATION CONTACT: not have a substantial direct effect on repair on the unsafe condition addressed by George Mabuni, Aerospace Engineer, the States, on the relationship between this AD; and, if the unsafe condition has not Systems and Equipment Branch, ANM– the national Government and the States, been eliminated, the request should include 130L, FAA, Los Angeles Aircraft or on the distribution of power and specific proposed actions to address it. Certification Office, 3960 Paramount responsibilities among the various Compliance: Required as indicated, unless Boulevard, Lakewood, California levels of government. Therefore, it is accomplished previously. 90712–4137; telephone (562) 627–5341; determined that this final rule does not To prevent inadvertent very high frequency fax (562) 627–5210. have federalism implications under transmissions and subsequent loss of radio SUPPLEMENTARY INFORMATION: A communications for airplane and/or airport Executive Order 13132. operations; and to prevent inadvertent high proposal to amend part 39 of the Federal For the reasons discussed above, I frequency transmissions and subsequent Aviation Regulations (14 CFR part 39) to certify that this action (1) is not a electrical shock to ground service personnel include an airworthiness directive (AD) ‘‘significant regulatory action’’ under and/or damage to the airplane during fueling that is applicable to certain McDonnell Executive Order 12866; (2) is not a operations or fuel tank maintenance, Douglas Model MD–90–30 series ‘‘significant rule’’ under DOT accomplish the following: airplanes was published in the Federal Regulatory Policies and Procedures (44 Revise Wiring Register on March 20, 2001 (66 FR FR 11034, February 26, 1979); and (3) (a) Within 6 months after the effective date 15664). That action proposed to require will not have a significant economic of this AD, revise the wiring of the selective revising the wiring of the selective impact, positive or negative, on a calling (SELCAL) system (including calling (SELCAL) system. substantial number of small entities installing up to five diodes and reidentifying Comments under the criteria of the Regulatory existing wires with sleeving), per Boeing Flexibility Act. A final evaluation has Alert Service Bulletin MD90–23A018, Interested persons have been afforded been prepared for this action and it is Revision 01, dated August 10, 2000. an opportunity to participate in the contained in the Rules Docket. A copy Alternative Methods of Compliance making of this amendment. Due of it may be obtained from the Rules consideration has been given to the (b) An alternative method of compliance or Docket at the location provided under adjustment of the compliance time that single comment received. the caption ADDRESSES. provides an acceptable level of safety may be The commenter supports the used if approved by the Manager, Los proposed rule. List of Subjects in 14 CFR Part 39 Angeles Aircraft Certification Office (ACO), Conclusion Air transportation, Aircraft, Aviation FAA. Operators shall submit their requests safety, Incorporation by reference, through an appropriate FAA Principal After careful review of the available Safety. Maintenance Inspector, who may add data, including the comment noted comments and then send it to the Manager, above, the FAA has determined that air Adoption of the Amendment Los Angeles ACO. safety and the public interest require the Accordingly, pursuant to the Note 2: Information concerning the adoption of the rule as proposed. existence of approved alternative methods of authority delegated to me by the compliance with this AD, if any, may be Cost Impact Administrator, the Federal Aviation obtained from the Los Angeles ACO. Administration amends part 39 of the There are approximately 36 Model Special Flight Permits MD–90–30 series airplanes of the Federal Aviation Regulations (14 CFR affected design in the worldwide fleet. part 39) as follows: (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 The FAA estimates that 21 airplanes of PART 39—AIRWORTHINESS of the Federal Aviation Regulations (14 CFR U.S. registry will be affected by this AD, DIRECTIVES 21.197 and 21.199) to operate the airplane to that it will take approximately 2 work a location where the requirements of this AD hours per airplane to accomplish the 1. The authority citation for part 39 can be accomplished. continues to read as follows: required actions, and that the average Incorporation by Reference labor rate is $60 per work hour. Authority: 49 U.S.C. 106(g), 40113, 44701. Required parts will cost approximately (d) The actions shall be done in accordance § 39.13 [Amended] with Boeing Alert Service Bulletin MD90– $22 per airplane. Based on these figures, 23A018, Revision 01, dated August 10, 2000. the cost impact of the AD on U.S. 2. Section 39.13 is amended by This incorporation by reference was operators is estimated to be $2,982, or adding the following new airworthiness approved by the Director of the Federal $142 per airplane. directive: Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained The cost impact figure discussed 2001–12–15 McDonnell Douglas: from Boeing Commercial Aircraft Group, above is based on assumptions that no Amendment 39–12270. Docket 2000– Long Beach Division, 3855 Lakewood operator has yet accomplished any of NM–323–AD. the requirements of this AD action, and Boulevard, Long Beach, California 90846, Applicability: Model MD–90–30 series Attention: Data and Service Management, that no operator would accomplish airplanes, as listed in Boeing Alert Service Dept. C1–L5A (D800–0024). Copies may be those actions in the future if this AD Bulletin MD90–23A018, Revision 01, dated inspected at the FAA, Transport Airplane were not adopted. The cost impact August 10, 2000; certificated in any category. Directorate, 1601 Lind Avenue, SW., Renton, figures discussed in AD rulemaking Note 1: This AD applies to each airplane Washington; or at the FAA, Los Angeles actions represent only the time identified in the preceding applicability Aircraft Certification Office, 3960 Paramount necessary to perform the specific actions provision, regardless of whether it has been Boulevard, Lakewood, California; or at the actually required by the AD. These modified, altered, or repaired in the area Office of the Federal Register, 800 North figures typically do not include subject to the requirements of this AD. For Capitol Street, NW., suite 700, Washington, airplanes that have been modified, altered, or DC. incidental costs, such as the time repaired so that the performance of the required to gain access and close up, requirements of this AD is affected, the Effective Date planning time, or time necessitated by owner/operator must request approval for an (e) This amendment becomes effective on other administrative actions. alternative method of compliance in July 25, 2001.
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Issued in Renton, Washington, on June 11, 01–52 requires, before further flight, public interest require the adoption of 2001. reducing the maximum approved Vne to the rule as proposed. Donald L. Riggin, 100 KIAS if an airspeed-actuated pedal The FAA estimates that 200 Acting Manager, Transport Airplane stop is not installed or to 110 KIAS if helicopters of U.S. registry are affected Directorate, Aircraft Certification Service. an airspeed-actuated pedal stop is by AD 2001–01–52. The actions that are [FR Doc. 01–15208 Filed 6–19–01; 8:45 am] installed; inserting a copy of the AD into currently required by that AD take BILLING CODE 4910–13–P the RFM; installing a temporary placard approximately 3 work hours per on the flight instrument panel to helicopter to manufacture and install indicate the reduced Vne limit; and each airspeed limitation placard. The DEPARTMENT OF TRANSPORTATION installing a new redline Vne limit at either 100 or 110 KIAS, as specified in average labor rate is $60 per work hour. Federal Aviation Administration the AD, on all airspeed indicators. That Required parts cost approximately $10 AD was prompted by an accident in per helicopter. Based on these figures, 14 CFR Part 39 which a helicopter was destroyed on the total cost impact of the AD on U.S. operators is estimated to be $38,000 to [Docket No. 2001–SW–02–AD; Amendment water impact following an in-flight 39–12272; AD 2001–01–52 R1] occurrence at approximately 140 KIAS. install an airspeed limitation placard on One of the possible contributing factors all helicopters in the U.S. fleet. RIN 2120–AA64 was an in-flight tail rotor strike to the However, adopting this rescission eliminates those costs. Airworthiness Directives; Bell tailboom. As a precautionary measure, Helicopter Textron Canada Model 407 pending further investigation into the The regulations adopted herein will Helicopters accident, and after reviewing the AD not have a substantial direct effect on issued by the certifying authority for the the States, on the relationship between AGENCY: Federal Aviation helicopter (Transport Canada), the FAA the national Government and the States, Administration, DOT. issued AD 2001–01–52 to reduce the or on the distribution of power and ACTION: Final rule; rescission. Vne. responsibilities among the various Further investigations conducted levels of government. Therefore, it is SUMMARY: This amendment rescinds an since the issuance of AD 2001–01–52 determined that this final rule does not existing airworthiness directive (AD) did not substantiate that the accident that applies to Bell Helicopter Textron have federalism implications under resulted from a tail rotor strike caused Executive Order 13132. Canada (BHTC) Model 407 helicopters by high airspeed. Information provided and currently requires, before further by BHTC and reviewed by the FAA For the reasons discussed above, I flight, imposing never exceed velocity supports these findings. Transport certify that this action (1) is not a (Vne) restrictions on the helicopter. The Canada has issued a superseding AD, ‘‘significant regulatory action’’ under requirements of that AD were intended CF–2001–01R1, dated April 3, 2001, Executive Order 12866; (2) is not a to prevent tail rotor blades from striking stating that the Vne restriction is no ‘‘significant rule’’ under DOT the tailboom, separation of the aft longer necessary. Transport Canada Regulatory Policies and Procedures (44 section of the tailboom with the tail advises that no data has emerged from FR 11034, February 26, 1979); and (3) rotor gearbox and vertical fin, and the investigation to confirm that the will not have a significant economic subsequent loss of control of the accident was initiated by a tail rotor impact, positive or negative, on a helicopter. That AD was prompted by strike. While the possibility of a tail substantial number of small entities an accident suspected of being the result rotor strike has not been completely under the criteria of the Regulatory of a tail rotor strike caused by high discounted as the cause of the accident, Flexibility Act. A final evaluation has airspeed. Since the issuance of that AD, a tail rotor strike occurrence while been prepared for this action and it is accident investigation findings have not operating within the approved flight contained in the Rules Docket. A copy substantiated that a tail rotor strike envelope has been discounted. The of it may be obtained from the FAA, caused by high airspeed was the cause ongoing accident investigation is Office of the Regional Counsel, of the accident. This amendment currently considering other factors. Southwest Region, 2601 Meacham rescinds that AD. This amendment is After reviewing the available data, the Blvd., Room 663, Fort Worth, Texas. prompted by the FAA’s determination FAA has determined that it is List of Subjects in 14 CFR Part 39 that the Vne restrictions and appropriate to rescind AD 2001–01–52 accompanying actions imposed by that to prevent operators from performing an AD do not correct an unsafe condition. Air transportation, Aircraft, Aviation unnecessary action. The Vne restrictions safety, Safety. EFFECTIVE DATE: July 25, 2001. and accompanying actions imposed by FOR FURTHER INFORMATION CONTACT: that AD do not correct an unsafe Adoption of the Amendment Sharon Miles, Aviation Safety Engineer, condition. The ongoing investigation FAA, Rotorcraft Directorate, Regulations found no information to indicate that Accordingly, pursuant to the Group, Fort Worth, Texas 76193–0111, the accident was caused by a tail rotor authority delegated to me by the telephone (817) 222–5122, fax (817) strike during flight at high airspeed. The Administrator, the Federal Aviation 222–5961. cause of the accident precipitating AD Administration amends part 39 of the SUPPLEMENTARY INFORMATION: A 2001–01–52 remains under Federal Aviation Regulations (14 CFR proposal to amend part 39 of the Federal investigation. part 39) as follows: Aviation Regulations (14 CFR part 39) Interested persons have been afforded by rescinding AD 2001–01–52, an opportunity to participate in the PART 39—AIRWORTHINESS Amendment 39–12100 (66 FR 9031, making of this amendment. No DIRECTIVES February 6, 2001), which applies to comments were received on the BHTC Model 407 helicopters, was proposal or the FAA’s determination of 1. The authority citation for part 39 published in the Federal Register on the cost to the public. The FAA has continues to read as follows: April 12, 2001 (66 FR 18884). AD 2001– determined that air safety and the Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13 [Amended] Kentucky program. You can find the land necessary to allow abatement. 2. Section 39.13 is amended by background information on the Those conditions, in general terms, are: removing Amendment 39–12100 (66 FR Kentucky program, including the (a) Prior to terminating a notice of 9031, February 6, 2001). Secretary’s findings, the disposition of noncompliance or cessation order, and AD 2001–01–52 R1 Bell Helicopter Textron comments, and the conditions of within 30 days of a request by a Canada: Amendment 39–12272. Docket approval in the May 18, 1982 Federal permittee to terminate a violation based No. 2001–SW–02–AD. Rescinds AD Register (47 FR 21404). Subsequent on lack of success, the Cabinet shall 2001–01–52, Amendment 39–12100. actions concerning the Kentucky verify the denial of access and advise Applicability: Model 407 helicopters, program and previous amendments are the surface owners and legal occupants certificated in any category. codified at 30 CFR 917.11, 917.12, of the consequences of refusing to allow 917.13, 917.15, 917.16, and 917.17. access to the property; and (b) the Issued in Fort Worth, Texas, on June 8, Cabinet shall explain the consequences 2001. II. Submission of the Proposed by certified mail and shall make a good Eric Bries, Amendment faith effort to notify all owners of Acting Manager, Rotorcraft Directorate, By letter dated May 9, 2000 interest and legal occupants of the Aircraft Certification Service. (Administrative Record No. KY–1473), consequences of the refusal to allow [FR Doc. 01–15445 Filed 6–19–01; 8:45 am] Kentucky submitted a proposed access. BILLING CODE 4910–13–P amendment to its approved permanent Subsection (3) prohibits the Cabinet regulatory program. House Bill (HB) 502 from terminating a notice or order if it continues in effect the current determines that the denial of the access DEPARTMENT OF THE INTERIOR administrative regulations on ownership has been procured through collusion and control. HB 599 creates a new between the permittee and the Office of Surface Mining Reclamation section of KRS Chapter 350. HB 792 landowner who is refusing access. It and Enforcement amends KRS 350.445(3). Only the defines ‘‘collusion’’ and provides that provisions of HB 599 will be addressed any act of collusion will subject the 30 CFR Part 917 in this rule. permittee to certain penalties. [KY–230–FOR] We announced receipt of the Subsection (4) prohibits termination proposed amendment in the May 31, of a notice or order under this section Kentucky Regulatory Program 2000, Federal Register (65 FR 34625), if there is any common ownership and invited public comment, and provided control between the permittee or AGENCY: Office of Surface Mining an opportunity for a public hearing on operator and the landowner or legal Reclamation and Enforcement (OSM), the adequacy of the proposed occupant. It also prohibits termination Interior. amendment. The public comment where there is any other legal ACTION: Final rule. period closed on June 30, 2000. relationship between the permittee or operator and the landowner or legal SUMMARY: III. Director’s Findings OSM is approving, with occupant, except where a court has exceptions, an amendment to the Following, according to SMCRA and determined that the legal relationship Kentucky regulatory program (Kentucky the Federal regulations at 30 CFR 732.15 does not provide for a right of access. program) under the Surface Mining and 732.17, are our findings concerning Subsection (5) requires the Cabinet to Control and Reclamation Act of 1977 the proposed amendment. Any revisions direct abatement measures to be taken (SMCRA). Kentucky is proposing that we do not specifically discuss by the permittee to prevent damage to revisions to the Kentucky Revised below concern nonsubstantive wording lands for which access has not been Statutes (KRS) pertaining to ownership changes or revised cross-references and denied. and control, easement of necessity for paragraph notations to reflect Subsection (6) provides that the limited purpose of abatement of organizational changes that result from termination of a notice or order under violations, and roads above highwalls. this amendment. this Section shall not affect the This rule addresses only the easement of House Bill 599. Subsection (1) assessment of a civil penalty for the necessity provision. The remaining recognizes an easement of necessity on violation, and provides that nothing in provisions will be addressed in a future behalf of the permittee or operator for this Section affects a person’s right for rulemaking (KY–225–FOR). the limited purpose of abating a damages or injunctive relief. EFFECTIVE DATE: June 20, 2001. violation, with certain conditions. The The Federal regulations at 30 CFR FOR FURTHER INFORMATION CONTACT: permittee or operator must have been 843.11(f) and 843.12(e) specify, William J. Kovacic, Field Office issued a notice or order directing respectively, that the exclusive grounds Director, Lexington Field Office, 2675 abatement of the violation on the basis for termination of cessation orders and Regency Road, Lexington, Kentucky of an imminent danger to health and notices of violation are the abatement of 40503. Telephone: (859) 260–8400. safety of the public or significant all conditions, practices, or violations Email: [email protected]. imminent environmental harm. The listed in the order or notice. A permittee SUPPLEMENTARY INFORMATION: notice or order must require access to is responsible for the reclamation of its property for which the permittee or surface coal mining operation, including I. Background on the Kentucky Program operator does not have legal right of abatement of all violations, regardless of II. Submission of the Amendment impediments that may be raised by III. Director’s Findings entry and the landowner or legal IV. Summary and Disposition of Comments occupant has refused access. recalcitrant surface owners. See Elk V. Director’s Decision Subsection (2) establishes conditions Valley Mining Company v. OSM, Case VI. Procedural Determinations under which the Cabinet terminates a No. NX6–65–R (March 31, 1988) (‘‘It notice of noncompliance or cessation would be contrary to the purposes of the I. Background on the Kentucky order for a violation, other than a Act for the Applicant to be able to Program violation described in Subsection (1), if shield itself from enforcement of the Act On May 18, 1982, the Secretary of the the party responsible for abatement of by his failure to reach a lease agreement Interior conditionally approved the the violation has been denied access to with a private party.’’) See, also, Wilson
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Farms Coal Co., 2 IBSMA 118 (1980) (A access to conduct reclamation of the Act by his failure to reach a lease lease agreement does not relieve activities.’’ The commenters note that agreement with a private party.’’ (citing permittee of its responsibility for HB 599, in essence, overrides the Wilson Farms Coal Co., 2 IBSMA 118 reclamation under the Act.) Because HB McCoy Elkhorn opinion and provides (1980) (A lease agreement does not 599 allows termination of enforcement coal operators legal access (easement of relieve permittee of its responsibility for action due to denial of access to land, necessity) to conduct reclamation reclamation under the Act.) From these subsections (2) through (6) are activities where there is an imminent principles, it follows that the inconsistent with these Federal danger. They also assert that Virginia inadequacy of a right of entry provision, regulations, and are not approved. and West Virginia allow the permittee to whether included in a lease, deed, or We will also announce our intention access property to fulfill reclamation some other instrument, does not relieve to set aside subsections (2) through (6) obligations. a permittee from the absolute in a subsequent Federal Register notice. Both commenters refer to OSM’s responsibility to abate all violations. As an alternative to this proposal, regulation at 30 CFR 843.18, which One commenter also noted that OSM Kentucky may consider enactment of states that the inability of a permittee to has approved language in the West legislation prohibiting surface owner comply is not a basis to vacate a Virginia state program which provides, interference with the performance of all violation. They note, however, that in with respect to notices of violation, that reclamation obligations, rather than the preamble to this rule, OSM states ‘‘[i]f the operator has not abated the limiting the availability of such that where the damage cannot be violation within the time specified in ‘‘easements of necessity’’ to only those undone and when no further remedial the notice, * * * the director shall violations that may result in imminent action or affirmative obligation can be order the cessation of the operation danger to the public or to the prescribed, ‘‘the citation must be * * *, unless the operator affirmatively environment. As one commenter has terminated.’’ (44 FR 14901, 15305, demonstrates that compliance is pointed out, both West Virginia and March 13, 1979) The commenters unattainable due to conditions totally Virginia have enacted this type of interpret the provisions of HB 599 to be beyond the control of the operator.’’ legislation. See W.Va. Code 22–3–11(e); consistent with OSM’s preamble W.Va. Code 22–3–17(a) (Emphasis Va. Code 45.1–188. language. added) This language, according to the Subsection (1) is, however, no less We disagree with the commenters’ commenter, stands for the principle that stringent than section 521 of SMCRA interpretation of our statements from the NOVs issued for violations which and consistent with 30 CFR 843.11, 1979 preamble, because it overstates the cannot be abated should be terminated. because it provides a method for reach of that discussion. The comments We disagree with the commenter, ensuring the abatement of an imminent to proposed 30 CFR 843.18 were because the West Virginia provision danger that is in addition to the concerned about the consequences to merely provides an exception to the methods provided for in those operators whose violations could not be requirement to issue a Cessation Order provisions. Therefore, subsection (1) is abated, due to a ‘‘technological ‘inability if a violation is not abated within a approved in accordance with section to comply’,’’ and believed that such specified period. It does not authorize 505(b) of SMCRA. Subsections (2) violations should be vacated. We termination of the violation, even where through (6) are not approved. declined to make the suggested change, ‘‘compliance is unattainable due to however, because we believed that there conditions totally beyond the control of IV. Summary and Disposition of were no performance standards that the operator.’’ As such, the West Comments were ‘‘technologically impossible to Virginia provision differs markedly from meet.’’ Id. (Emphasis added) In other the proposed amendment that is the Federal Agency Comments words, we declined to allow a violation subject of this rulemaking. A third On February 18, 2000, we asked for to be vacated, because we believed that commenter, who helped draft the bill, comments from various Federal it was technologically possible to have feels that certain aspects of the bill need agencies who may have an interest in prevented its occurrence. However, we to be clarified by Kentucky. They are: the Kentucky amendment did acknowledge that there may be (1) The process the State will employ to (Administrative Record No. KY–1469) instances ‘‘when an operator violates determine whether a request for according to 30 CFR 732.17(h)(11)(i) and the Act or the regulations, [and] it may termination of a violation based on section 503(b) of SMCRA. No one be technologically impossible to undo refusal of access is not collusive, and for responded. the damage.’’ In such instances, investigating ownership, control, and termination, rather than vacation, of the other legal relationship links between Public Comments violation would be appropriate. Id the applicant and the landowner We received several public comments (Emphasis added) refusing access; (2) the type of training in response to our request. We will H.B. 599 would allow termination that will be conducted to assure that address only the comments that pertain under much different circumstances. A field inspectors are aware of their to HB 599. Two commenters believe that landowner’s refusal to grant access to responsibility to inform the landowner the provisions of HB 599 are consistent his property does not present a of their rights and consequences of with SMCRA and should be approved. technological impossibility to refusal-of-access on the status of the Both parties refer to McCoy Elkhorn performing reclamation. In Elk Valley violation; and (3) the constitutionality Coal Corporation v. Greene et al, No. Mining Company v. OSM, Docket No. under state law of the state proposal, 96–CA–2644–MR (unpublished opinion, NX6–65–R (1988), the Administrative which creates a new easement March 6, 1998). The Kentucky Court of Law Judge refused to accept the failure burdening the lands of a party who, by Appeals held that a coal mine operator to reach a lease agreement to ensure definition, has been trespassed upon by had no implied right incident to entry for reclamation purposes as a violation of the mining laws, or ownership and control of coal to enter justification for failure to abate an whether the state is in a position of on the surface to effect subsidence otherwise valid notice of violation, sanctioning a ‘‘taking’’ of the property of repairs. One of the commenters deemed stating that ‘‘It would be contrary to the a third party. this a ‘‘rejection by the state courts of purposes of the Act for the Applicant to We note that we are disapproving the the coal industry’s attempt to gain legal be able to shield itself from enforcement portions of the amendment to which the
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first of these two comments pertain. The VI. Procedural Determinations section 102(2)(C) of the National third comment addresses the Environmental Policy Act (NEPA) (42 Executive Order 12866—Regulatory amendment’s constitutionality under U.S.C. 4332(2)(C)). A determination has Planning and Review state law. A determination of this type been made that such decisions are is also outside the scope of this This rule is exempted from review by categorically excluded from the NEPA rulemaking. However, we acknowledge the Office of Management and Budget process (516 DM 8.4.A). the commenter’s concerns and will under Executive Order 12866. Paperwork Reduction Act forward them to Kentucky’s Department Executive Order 12630—Takings for Surface Mining Reclamation and This rule does not contain Enforcement for consideration. This rule does not have takings information collection requirements that implications. This determination is require approval by the Office of Environmental Protection Agency (EPA) based on the analysis performed for the Management and Budget under the Pursuant to 30 CFR 732.17(h)(11)(ii), counterpart federal regulation. Paperwork Reduction Act (44 U.S.C. OSM is required to solicit comments Executive Order 13132—Federalism 3507 et seq.). and obtain the written concurrence of This rule does not have federalism Regulatory Flexibility Act the EPA with respect to those provisions implications. SMCRA delineates the of the proposed program amendment The Department of the Interior has roles of the federal and state determined that this rule will not have that relate to air or water quality governments with regard to the standards promulgated under the a significant economic impact on a regulation of surface coal mining and substantial number of small entities authority of the Clean Water Act (33 reclamation operations. One of the U.S.C. 1251 et seq.) or the Clean Air Act under the Regulatory Flexibility Act (5 purposes of SMCRA is to ‘‘establish a U.S.C. 601 et seq.). The state submittal (42 U.S.C. 7401 et seq.). Since none of nationwide program to protect society the proposed amendment provisions which is the subject of this rule is based and the environment from the adverse upon counterpart federal regulations for relate to air or water quality, we did not effects of surface coal mining solicit EPA’s concurrence. which an economic analysis was operations.’’ Section 503(a)(1) of prepared and certification made that V. Director’s Decision SMCRA requires that state laws such regulations would not have a regulating surface coal mining and significant economic effect upon a Based on the above findings, we reclamation operations be ‘‘in approve, with the following exceptions, substantial number of small entities. accordance with’’ the requirements of Accordingly, this rule will ensure that the proposed amendment, known as SMCRA, and section 503(a)(7) requires House Bill 599, submitted by Kentucky existing requirements previously that state programs contain rules and promulgated by OSM will be on May 9, 2000: Subsection (1) is regulations ‘‘consistent with’’ approved; Subsections (2) through (6) implemented by the state. In making the regulations issued by the Secretary determination as to whether this rule are not approved. The Federal pursuant to SMCRA. regulations at 30 CFR Part 917, would have a significant economic codifying decisions concerning the Executive Order 12988—Civil Justice impact, the Department relied upon the Kentucky program, are being amended Reform data and assumptions for the counterpart federal regulation. to implement this decision. This final The Department of the Interior has rule is being made effective immediately conducted the reviews required by Small Business Regulatory Enforcement to expedite the State program section 3 of Executive Order 12988 and Fairness Act amendment process and to encourage has determined that, to the extent This rule is not a major rule under 5 States to bring their programs into allowed by law, this rule meets the U.S.C. 804(2), the Small Business conformity with the Federal standards applicable standards of subsections (a) Regulatory Enforcement Fairness Act. without undue delay. Consistency of and (b) of that section. However, these This rule: State and Federal standards is required standards are not applicable to the a. Does not have an annual effect on by SMCRA. actual language of state regulatory the economy of $100 million. Effect of the Director’s Decision programs and program amendments b. Will not cause a major increase in since each such program is drafted and costs or prices for consumers, Section 503 of SMCRA provides that promulgated by a specific state, not by individual industries, federal, state, or a State may not exercise jurisdiction OSM. Under sections 503 and 505 of local government agencies, or under SMCRA unless the State program SMCRA (30 U.S.C. 1253 and 1255) and geographic regions. is approved by the Secretary. Similarly, 30 CFR 730.11, 732.15, and c. Does not have significant adverse 30 CFR 732.17(a) requires that any 732.17(h)(10), decisions on proposed effects on competition, employment, alteration of an approved State program state regulatory programs and program investment, productivity, innovation, or be submitted to OSM for review as a amendments submitted by the states the ability of U.S. based enterprises to program amendment. Thus, any changes must be based solely on a determination compete with foreign-based enterprises. to the State program are not enforceable of whether the submittal is consistent This determination is based upon the until approved by OSM. The Federal with SMCRA and its implementing fact that the state submittal which is the regulations at 30 CFR 732.17(g) prohibit federal regulations and whether the subject of this rule is based upon any unilateral changes to approved State other requirements of 30 CFR Parts 730, counterpart federal regulations for programs. In the oversight of the 731, and 732 have been met. which an analysis was prepared and a Kentucky program, we will recognize determination made that the federal National Environmental Policy Act only the statutes, regulations, and other regulation was not considered a major materials approved by OSM, together Section 702(d) of SMCRA (30 U.S.C. rule. with any consistent implementing 1292(d)) provides that a decision on a policies, directives, and other materials. proposed state regulatory program Unfunded Mandates We will require that Kentucky enforce provision does not constitute a major This rule will not impose a cost of only such provisions. federal action within the meaning of $100 million or more in any given year
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on any governmental entity or the Regulations is amended as set forth (b) Subsections (2) through (6) of the private sector. below: amendment submitted as House Bill 599 List of Subjects in 30 CFR Part 917 on May 9, 2000, are hereby not PART 917—KENTUCKY approved, effective June 20, 2001. Intergovernmental relations, Surface 1. The authority citation for Part 917 3. Section 917.15 is amended in the mining, Underground mining. continues to read as follows: table in paragraph (a) by adding a new Dated: May 25, 2001. Authority: 30 U.S.C. 1201 et seq. entry in chronological order by ‘‘Date of Allen D. Klein, 2. Section 917.12 is amended by Final Publication’’ to read as follows: Regional Director, Appalachian Regional adding paragraph (b) to read as follows: § 917.15 Approval of Kentucky regulatory Coordinating Center. § 917.12 State regulatory program and program amendments. For the reasons set out in the proposed program amendment provisions (a) * * * preamble, Title 30, Chapter VII, not approved. Subchapter T of the Code of Federal * * * * *
Date of Original amendment submission date final Citation/description publication
******* May 9, 2000 ...... 6/20/01 House Bill 599, subsection (1).
* * * * * Regulatory Information Small Entities [FR Doc. 01–15498 Filed 6–19–01; 8:45 am] We did not publish a notice of Under the Regulatory Flexibility Act BILLING CODE 4310–05–P proposed rulemaking (NPRM) for these (5 U.S.C. 601–612), we considered regulations. Under 5 U.S.C. 553(b)(B), whether this rule would have a the Coast Guard finds that good cause significant economic effect upon a DEPARTMENT OF TRANSPORTATION exists for not publishing an NPRM. substantial number of small entities. Publishing an NPRM would be contrary ‘‘Small entities’’ include small business, Coast Guard to national safety interests since not-for-profit organizations that are immediate action is needed to minimize independently owned and operated and 33 CFR Part 100 potential danger to the public. are not dominant in their fields, and governmental jurisdictions with [CGD07–01–049] Background and Purpose populations of less than 50,000. This rule will affect the following RIN 2115–AE46 These regulations are required to entities, some of which may be small provide for the safety of life on entities: the owners or operators of Special Local Regulations: San Juan navigable waters because numerous vessels intending to transit or anchor in Harbor, Puerto Rico swimmers will cross a navigable a portion of San Juan Harbor, Puerto channel in a commercial port. This AGENCY: Coast Guard, DOT. Rico from 10 a.m., to noon, July 22, event has taken place several times over 2001. The Coast Guard certifies under 5 ACTION: Temporary final rule. the past years, although the date U.S.C. 605(b) that this rule will not have changes from year to year. This rule SUMMARY: Temporary Special Local a significant economic impact on a creates a regulated area that will Regulations are being established for the substantial number of small entities prohibit vessels from entering an area Swimming Cross San Juan Harbor, San because the rule will only be in effect between the Puerto Rico Ports Authority Juan, Puerto Rico. These regulations are for 2 hours. Pier 1 to La Puntilla Point, then across needed to provide for the safety of life the Anagada Channel to the Catano Assistance for Small Entities on navigable waters by excluding Ferry Terminal, then to Punta Catano, vessels from the swimming area. Under section 213(a) of the Small and then across the San Antonio Business Regulatory Enforcement DATES: This rule is effective from 10 Approach to the origin. a.m. to noon on July 22, 2001. Fairness Act of 1996 (Pubic Law 104– Regulatory Evaluation 221), we offer to assist small entities in ADDRESSES: Comments and material understanding the rule so that they received from the public, as well as This rule is not a ‘‘significant could better evaluate its effects on them documents indicated in this preamble as regulatory action’’ under section 3(f) of and participate in the rulemaking being available in the docket are part of Executive Order 12866 and does not process. Small entities may contact the [CGD07–01–049] and are available for require an assessment of potential costs person listed under FOR FURTHER inspection or copying at Coast Guard and benefits under section 6(a)(3) of that INFORMATION CONTACT for assistance in Greater Antilles Section, La Puntilla, order. The Office of Management and understanding and participating in this Old San Juan, PR 00902 between 7 a.m. Budget has not reviewed it under that rulemaking. We also have a point of and 3:30 p.m., Monday through Friday, order. It is not ‘‘significant’’ under the contact for commenting on actions by except Federal holidays. regulatory policies and procedures of employees of the Coast Guard. Small FOR FURTHER INFORMATION CONTACT: Mr. the Department of Transportation (44 FR businesses may send comments on the John Reyes, Greater Antilles Section at 11040, February 26, 1979). The actions of Federal employees who (787) 729–5381. regulated area will only be in effect for enforce, or otherwise determine SUPPLEMENTARY INFORMATION: approximately 2 hours. compliance with Federal regulations to
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the Small Business and Agriculture Children from Environmental Health (b) Coast Guard Patrol Commander. Regulatory Enforcement Ombudsman Risks and Safety Risks. This rule is not The Coast Guard Patrol Commander is and the Regional Small Business an economically significant rule and a commissioned, warrant, or petty Regulatory Fairness Boards. The does not concern an environmental risk officer of the Coast Guard who has been Ombudsman evaluates these actions to health or safety that may designated by Commanding Officer, annually and rates each agency’s disproportionately affect children. Greater Antilles Section, San Juan, responsiveness to small business. If you Puerto Rico. Environment wish to comment on actions by (c) Special local regulations. Entry employees of the Coast Guard, call 1– The Coast Guard has considered the into the regulated area by other than 888–REG–FAIR (1–888–734–3247). environmental impact of this action and event participants is prohibited, unless has determined pursuant to Figure 2–1, Collection of Information otherwise authorized by the Patrol paragraph 34(h) of Commandant Commander. Spectator craft may remain This rule calls for no new collection Instruction M16475.1C, that this action in a spectator area to be established by of information requirements under the is categorically excluded from further the event sponsor, Commonwealth of Paperwork Reduction Act of 1995 (44 environmental documentation. Puerto Rico, Municipality of Catano, U.S.C. 3501–3520). Energy Effects San Juan, Puerto Rico. Federalism We have analyzed this proposed rule (d) Dates. This rule is effective from 10 a.m. to noon on July 22, 2001. We have analyzed this rule under under Executive Order 13211, Actions Executive Order 13132 and have Concerning Regulations That Dated: June 12, 2001. determined that this rule does not have Significantly Affect Energy Supply, James S. Carmichael, implications for federalism under that Distribution, or Use. We have Rear Admiral, U.S. Coast Guard, Commander, order. determined that it is not a ‘‘significant Seventh Coast Guard District. energy action’’ under that order because [FR Doc. 01–15552 Filed 6–19–01; 8:45 am] Unfunded Mandates Reform Act it is not a ‘‘significant regulatory action’’ BILLING CODE 4910–15–P The Unfunded Mandates Reform Act under Executive Order 12866 and is not of 1995 (2 U.S.C. 1531–1538) governs likely to have a significant adverse effect the issuance of Federal regulations that on the supply, distribution, or use of DEPARTMENT OF TRANSPORTATION require unfunded mandates. An energy. It has not been designated by the unfunded mandate is a regulation that Administrator of the Office of Coast Guard requires a State, local, or tribal Information and Regulatory Affairs as a government or the private sector to significant energy action. Therefore, it 33 CFR Part 117 incur direct costs without the Federal does not require a Statement of Energy Government’s having first provided the Effects under Executive Order 13211. [CGD13–99–005] funds to pay those unfunded mandate List of Subjects in 33 CFR Part 100 costs. This rule will not impose an Drawbridge Operations Regulations; unfunded mandate. Marine safety, Navigation (water), Duwamish Waterway and Lake Reporting and recordkeeping Washington Ship Canal, WA Indian Tribal Governments requirements, Waterways. This rule does not have tribal For the reasons discussed in the AGENCY: Coast Guard, DOT. implications under Executive Order preamble, the Coast Guard amends 33 ACTION: Final rule. 13175, Consultation and Coordination CFR part 100 as follows: with Indian Tribal Governments, SUMMARY: The Coast Guard is amending because it does not have a substantial PART 100—MARINE EVENTS the operating regulations for the City of Seattle drawbridges across the Lake direct effect on one or more Indian 1. The authority citation for Part 100 Washington Ship Canal and the tribes, on the relationship between the continues to read as follows: Federal Government and Indian tribes, Washington state drawbridge across the or on the distribution of power and Authority: 33 U.S.C. 1233 through 1236, Duwamish Waterway in Seattle, responsibilities between the Federal 49 CFR 1.46, 33 CFR 100.35. Washington. The normal drawspan Government and Indian tribes. 2. Add temporary § 100.35T–07–049 closed periods for Monday through to read as follows: Friday will now also be applied to Taking of Private Property Columbus Day to accommodate This rule will not effect a taking of § 100.35T–07–049 Swimming Cross San commuter traffic that remains heavy on private property or otherwise have Juan Harbor, San Juan, Puerto Rico. this Federal holiday. Other Federal taking implications under Executive (a) Regulated area. The regulated area holidays remain exempted from the Order 12630, Governmental Actions and encompasses the Puerto Rico Ports weekday closed periods. Authority Pier 1, at position 18°27′39″ N Interference with Constitutionally DATES: This rule is effective July 20, 066°06′48″ W; West to La Puntilla Point Protected Property Rights. 2001. at position 18°27′32″ N 066°07′00″ W; Civil Justice Reform South crossing the San Antonio Channel ADDRESSES: The public docket and all This rule meets applicable standards and Anegado Channel to the Catano documents referred to in this notice are in sections 3(a) and 3(b)(2) of Executive Ferry Terminal at position 18°26′38″ N available for inspection and copying at Order 12988, Civil Justice Reform, to 066°07′02″ W, then North East to Punta the Thirteenth Coast Guard District, minimize litigation, eliminate Catano at position 18°26′42″ N Aids to Navigation and Waterways ambiguity, and reduce burden. 066°06′45″ W, then North back to origin, Management Office, 915 Second entry into which is prohibited for 2 Avenue, room 3510, Seattle, Protection of Children hours on the day of the event. All Washington 98174–1067, between 7:45 We have analyzed this rule under coordinates referenced use Datum NAD a.m. to 4:15 p.m., Monday through Executive Order 13045, Protection of 1983. Friday, except Federal holidays.
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FOR FURTHER INFORMATION CONTACT: and benefits under section 6(a)(3) of that Unfunded Mandates Reform Act Austin Pratt, Chief, Bridge Section, Order. The Office of Management and The Unfunded Mandate Reform Act of Telephone (206) 220–7282. Budget has not reviewed it under that 1995 (2 U.S.C. 1531–1538) governs the SUPPLEMENTARY INFORMATION: Order. It is not significant under the issuance of federal regulations that regulatory policies and procedures of Regulatory Information require unfunded mandates. An the Department of Transportation unfunded mandate is a regulation that On April 27, 1999, a notice of (DOT)(44 FR 11040; February 26, 1979). requires a state, local, or tribal proposed rulemaking was published in We expect the economic impact of government or the private sector to the Federal Register entitled this rule to be so minimal that a full incur direct costs without the federal Drawbridge Operations Regulations; regulatory evaluation under paragraph government’s having first provided the Duwamish Waterway and Lake 10(e) of the regulatory policies and funds to pay those costs. This rule Washington Ship Canal, WA (64 FR procedures of DOT is unnecessary. This would not impose an unfunded 22593). The Coast Guard received no is based on the fact that only a certain mandate. comments in response to the notice. No class of vessel would be affected one public hearing was requested and none day annually by this change. The Taking of Private Property was held. change will improve commuter traffic This rule would not effect a taking of Background and Purpose flow and enhance navigational safety on private property or otherwise have taking implications under Executive The purpose of the change to the Lake Washington Ship Canal by §§ 117.1041 and 117.1051 is to alleviate simplifying the procedure for requesting Order 12630, Governmental Actions and commuter traffic congestion by an emergency opening of drawspans. Interference with Constitutionally Protected Property Rights. removing Columbus Day from the Indian Tribal Governments existing Federal holiday exemption for Civil Justice Reform This rule does not have tribal the dual First Avenue South This rule meets applicable standards implications under Executive Order Drawbridges across the Duwamish in sections 3(a) and 3(b)(2) of Executive 13175, Consultation and Coordination Waterway, mile 2.5, and the Order 12988, Civil Justice Reform, to drawbridges across the Lake with Indian tribal governments, because minimize litigation, eliminate Washington Ship Canal east of the it does not have a substantial direct ambiguity, and reduce burden. Chittenden Locks. These bridges from effect on one or more Indian tribes, on seaward are the Ballard Bridge at mile the relationship between the federal Environment 1.1, the Fremont Bridge at mile 2.6, the government and Indian tribes, or on the The Coast Guard considered the University Bridge at mile 4.3, and the distribution of power and environmental impact of this rule and Montlake Bridge at mile 5.2. The responsibilities between the federal concluded that, under Figure 2–1, regulations which are currently in effect government and Indian tribes. paragraph (32)(e) of Commandant authorize various weekday closed Small Entities Instruction M16475.1C, this rule is periods during the hours of heavy categorically excluded from further commuting so that openings for vessels Under the Regulatory Flexibility Act environmental documentation because will not worsen traffic congestion. (5 U.S.C. 601 et seq.), we considered promulgation of changes to drawbridge These closed periods do not apply on whether this rule would have a regulations have been found not to have weekends or Federal holidays because significant economic impact on a a significant effect on the environment. the affected streets are not as heavily substantial number of small entities. A written ‘‘Categorical Exclusion traveled on those holidays. Columbus The term ‘‘small entities’’ include small Determination’’ is not required for this Day does not warrant this exemption. businesses, not-for profit organizations rule. Many employers in the Seattle area do that are independently owned and not honor this holiday and, as a result, operated and are not dominant in their List of Subjects in 33 CFR Part 117 the volume of commuter traffic does not fields, and governmental jurisdictions Bridges. appreciably diminish on that day. with populations less than 50,000. Openings for the passage of vessels on Regulations The Coast Guard certifies under 5 this day at times of peak traffic can U.S.C. 605(b) of the Regulatory For the reasons set out in the cause significant delay to street traffic. Flexibility Act that this rule will not preamble, the Coast Guard amends 33 The amendment would treat Columbus have a significant impact on a CFR part 117 as follows: Day as any other weekday for opening substantial number of small entities. the drawspans. The amendment also The change adds only one day of the PART 117—DRAWBRIDGE deletes reference to notification of the year to those which have closed periods OPERATION REGULATIONS Seattle City Engineer for emergency to accommodate heavy road traffic. openings of the Lake Washington Ship 1. The authority citation for Part 117 Canal bridges. Emergency openings will Collection of Information continues to read as follows: be provided in accordance with 33 CFR Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 117.31. This change reflects the Coast This rule does not provide for a CFR 1.05–1(g); section 117.255 also issued Guard’s policy that notification made to collection of information under the under the authority of Pub. L. 102–587, 106 the bridge tender is sufficient for Paperwork Reduction Act of 1995 (44 U. Stat. 5039. S. C. 3501 et seq.). declaration of emergency requiring 2. Revise § 117.1041(a)(1) to read as immediate opening of the draw. Federalism follows: Regulatory Evaluation We have analyzed this rule under § 117.1041 Duwamish Waterway. This rule is not a ‘‘significant Executive Order 13132 and have (a) * * * regulatory action’’ under Section 3(f) of determined that this rule does not have (1) From Monday through Friday, Executive Order 12866 and does not implications for federalism under that except all Federal holidays but require an assessment of potential costs Order. Columbus Day, the draws of the First
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Avenue South Bridges, mile 2.5, need following safety zones are in effect for approximate position 43°13′ N, 082°30′ not be opened for the passage of vessels fireworks displays occurring in the W, about 300 yards east of the Lexington from 6 a.m. to 9 a.m. and from 3 p.m. month of July 2001: breakwall, Lake Huron, on July 1, 2001, to 6 p.m., except: The draws shall open (1) Lake Erie Metro Park Fireworks. from 7 p.m. until 11:59 p.m. Location: The waters off the at any time for a vessel of 5000 gross (10) Trenton Fireworks Display, tons and over, a vessel towing a vessel Brownstown Wave Pool area, Lake Erie Trenton, MI. Location: All waters of the of 5000 gross tons and over, and a vessel bounded by the arc of a circle with a Trenton Channel within a 300-yard proceeding to pick up for towing a 300-yard radius with its center in vessel of 5000 gross tons and over. approximate position 42°03′ N, 083°11′ radius of the fireworks barge in approximate position 42°09′ N, 083°10′ * * * * * W, on July 1, 2001, from 10 p.m. until 11 p.m. W, about 200 yards east of Trenton, in 3. Revise § 117.1051(d)(2) to read as (2) Port Sanilac Fireworks. Port the Trenton Channel on July 4, 2001, follows: Sanilac, MI. Location: The waters off the from 10 p.m. until 11 p.m. § 117.1051 Lake Washington Ship Canal. South Harbor Breakwall, Lake Huron (11) City of Ecorse Water Festival * * * * * bounded by the arc of a circle with a Fireworks, Ecorse, MI. Location: All (d) * * * 300-yard radius with its center in ° ′ ° ′ waters of the Ecorse Channel within a (2) The draws need not open from 7 approximate position 43 25 N, 082 31 300-yard radius of the fireworks barge in a.m. to 9 a.m. and from 4 p.m. to 6 p.m. W on July 4, 2001, from 9:30 p.m. until approximate position 42°14′ N, 083°09′ 11 p.m. Monday through Friday, except all W, at the northern end of Mud Island, Federal holidays but Columbus Day for (3) Port Huron 4th of July Fireworks, Port Huron, MI. Location: All waters of Ecorse, on July 4, 2001, from 10 p.m. any vessel of less than 1000 tons, unless until 11 p.m. the vessel has in tow a vessel of 1000 the Black River within a 300-yard radius gross tons or over. of the fireworks barge in approximate (12) Oscoda Township Fireworks. ° ′ ° ′ * * * * * position 42 58 N, 082 25 W about 300 Location: The waters off the DNR Boat yards east of 223 Huron Ave., in the Launch at the mouth of the Ausable Dated: June 5, 2001. Black River on July 1, 2001, from 10 River bounded by the arc of a circle Erroll Brown, p.m. until 11 p.m. with a 300-yard radius with its center in Rear Admiral, U.S. Coast Guard, Commander, (4) Caseville Fireworks, Caseville, MI. approximate position 44°19′ N, 083°25′ Thirteenth Coast Guard District. Location: The waters off the Caseville W, on July 4, 2001, from 9 p.m. until 11 [FR Doc. 01–15553 Filed 6–19–01; 8:45 am] breakwall, Saginaw River bounded by p.m. BILLING CODE 4910–15–P the arc of a circle with a 300-yard radius with its center in approximate position (13) Port Austin Fireworks. Location: 43°55′ N, 083°17′ W, on July 3, 2001, The waters off the Port Austin DEPARTMENT OF TRANSPORTATION from 10 p.m. until 11 p.m. Breakwall on Lake Huron, bounded by (5) Algonac Pickerel Tournament the arc of a circle with a 300-yard radius Coast Guard Fireworks, Algonac, MI. Location: All with its center in approximate position waters of the St. Clair River within a 43°03′N, 082°40′ W, on July 4, 2001, 33 CFR Part 165 300-yard radius of the fireworks barge in from 10 p.m. until 11 p.m. ° ′ ° ′ [CGDO9–01–049] approximate position 42 37 N, 082 32 (14) Belle Maer Harbor 4th of July W, between Algonac and Russell Island, Fireworks, Harrison Township, MI. Safety Zone: Captain of the Port St. Clair River—North Channel, on July Location: All waters of Lake St. Clair Detroit Zone 3, 2001, from 9:30 p.m. until 10:30 p.m. within a 300-yard radius of the (6) Grosse Pointe Yacht Club 4th of AGENCY: Coast Guard, DOT. fireworks barge in approximate position July Fireworks, Grosse Pointe Shores, ° ′ ° ′ ACTION: Notice of implementation. MI. Location: All waters of Lake St. Clair 42 36 N, 082 47 W, about 400 yards east of Belle Maer Harbor, Lake St. SUMMARY: The Coast Guard is within a 300-yard radius of the fireworks barge in approximate position Clair—Anchor Bay on July 4, 2001, from implementing safety zones for annual ° ′ ° ′ 10 p.m. until 11 p.m. fireworks displays in the Captain of the 42 25 N, 082 52 W, about 400 yards Port Detroit Zone during July 2001. This east of the Grosse Pointe Yacht Club In order to ensure the safety of action is necessary to provide for the seawall, Lake St. Clair on July 4, 2001, spectators and transiting vessels, these safety of life and property on navigable from 9:30 p.m. until 10:30 p.m. safety zones will be in effect for the (7) City of St. Clair Fireworks. waters during these events. These zones duration of their corresponding event. Location: The waters off St. Clair City will restrict vessel traffic from a portion Vessels may not enter a safety zone Park, St. Clair River bounded by the arc of the Captain of the Port Detroit Zone. without permission from Captain of the of a circle with a 300-yard radius with DATES: 33 CFR 165.907 is implemented Port Detroit Zone. If you would like its center in approximate position permission, contact the person listed in from 12:01 a.m. (EST) on July 1, 2001, 42°49′ N, 082°29′ W, on July 4, 2001, to 11:59 p.m. (EST) on July 31, 2001. FOR FURTHER INFORMATION CONTACT. from 9:30 p.m. until 11:30 p.m. Spectator vessels may anchor outside FOR FURTHER INFORMATION CONTACT: (8) Tawas City 4th of July Fireworks, Ensign Brandon Sullivan, U.S. Coast Tawas, MI. Location: The waters off the the safety zone but are cautioned not to Guard Marine Safety Office Detroit, Tawas City Pier, Lake Huron bounded block a navigable channel. (313) 568–9580. by the arc of a circle with a 300-yard Dated: June 13, 2001. SUPPLEMENTARY INFORMATION: The Coast radius with its center in approximate S.P. Garrity, ° ′ ° ′ Guard is implementing the permanent position 44 13 N, 083 30 W, on July 4, Commander, U.S. Coast Guard, Captain of safety zones in 33 CFR 165.907 2001 from 9 p.m. until 10 p.m. the Port Detroit. (published May 21, 2001, in the Federal (9) Lexington Independence Festival [FR Doc. 01–15554 Filed 6–19–01; 8:45 am] Register, 66 FR 27868), for fireworks Fireworks, Lexington, MI. Location: All displays in the Captain of the Port waters of Lake Huron within a 300-yard BILLING CODE 4910–15–P Detroit Zone during July 2001. The radius of the fireworks barge in
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ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: B. Definitions (18 AAC 50.990) AGENCY Table of Contents We are approving revisions to this 40 CFR Part 52 I. What revisions to the Alaska SIP are we section with the addition of the approving? definitions for grate cleaning and soot- [Docket No. AK–24–1712a; FRL–6993–7] A. Industrial Processes and Fuel-Burning blowing. Equipment [18 AAC 50.055(a)(9)] 18 AAC 50.990 is amended by adding Approval and Promulgation of B. Definitions [18 AAC 50.990] new paragraphs to read as follows: Implementation Plans: Alaska II. What regulated pollutant(s) are affected by this revision? 18 AAC 50.990. Definitions AGENCY: Environmental Protection III. Who does this revision apply to? * * * * * Agency. IV. What is the background of the Alaska SIP (106) ‘‘Grate cleaning’’ means removing ash ACTION: Direct final rule. revision? from fireboxes; V. How has Alaska addressed maintenance of (107) ‘‘Soot-blowing’’ means using steam or SUMMARY: Environmental Protection the PM–10 NAAQS? compressed air to remove carbon from a Agency (EPA or we) approves the VI. Summary of Action furnace or from a boiler’s heat transfer following revisions to the Alaska State VII. Administrative Requirements surfaces. Implementation Plan (SIP): a revision of I. What Revisions to the Alaska SIP Are II. What Regulated Pollutant(s) Are the visible emission limit for coal We Approving? burning boilers, during startup; affected by This Revision? shutdown; soot-blowing; grate cleaning; A. Industrial Processes and Fuel- The only regulated pollutant or other routine maintenance activities, Burning Equipment (18 AAC potentially affected by the change is that began operation before August 17, 50.055(a)(9)) particulate matter less than 10 microns 1971, and submitted the required We are approving a revision of the in size (PM–10). demonstration. Additionally, we are visible emission limit for coal burning III. Who Does This Revision Apply To? approving a revision to the definitions boilers, during startup; shutdown; soot- section that will add definitions of grate blowing; grate cleaning; or other routine The coal burning boilers, located at cleaning and soot-blowing. The Alaska maintenance activities, that began the following facilities, that began Department of Environmental operation before August 17, 1971, and operation before August 17, 1971: Conservation (ADEC) forwarded this submitted the required demonstration. Golden Valley Electric Association submittal to EPA for inclusion in the 18 AAC 50.055(a)(9) is being repealed (GVEA), Healy (Unit #1); Eielson Air Alaska SIP on November 1, 1999. These and readopted to read as follows: Force Base, Fairbanks (6 units); Aurora revisions were submitted for the Energy, Fairbanks (4 units); and Clear purposes of complying with section 110 18 AAC 50.055. Industrial Processes and Fuel-Burning Equipment Air Force Base, Clear (3 units). of the Clean Air Act. These four facilities provided ADEC (a) Visible emissions, excluding condensed DATES: This direct final rule will be with a demonstration that the water vapor, from an industrial process or effective August 20, 2001 without fuel-burning equipment may not reduce particulate matter emissions from their further notice, unless EPA receives visibility through the exhaust effluent by boilers allowed by this revised visible adverse comment by July 20, 2001. If * * * * * emission limit will not cause a adverse comments are received, EPA (9) More than 20 percent for more than deleterious effect on any NAAQS, will publish a timely withdrawal of the three minutes in any one hour, except for an Prevention of Significant Deterioration direct final rule in the Federal Register additional three minutes in any one hour for (PSD) increment or visibility in Class I informing the public that the rule will a coal burning boiler that began operation areas. not take effect. before August 17, 1971, if IV. What Is the Background of the ADDRESSES: Written comments should (A) The visible emissions are caused by Alaska SIP Revision? be addressed to: Roylene A. startup, shutdown, soot-blowing, grate Cunningham, EPA Region 10, Office of cleaning, or other routine maintenance The SIP revision for the opacity limit specified in an operating permit issued under for coal burners was officially submitted Air Quality (OAQ–107), 1200 Sixth this chapter; Avenue, Seattle, Washington 98101. (B) The owner or operator of the boiler to EPA on November 1, 1999. The rule Documents which are incorporated by monitors visible emissions by continuous was filed with the Lieutenant Governor reference are available for public opacity monitoring instrumentation that; for the State of Alaska on October 5, inspection at the Air and Radiation (i) Conforms to Performance Specification 1999, and was effective on November 4, Docket and Information Center, 1 in 40 CFR 60, Appendix B, adopted by 1999. Environmental Protection Agency, 401 reference in 18 AAC 50.040; and The affected facilities are subject to M Street, SW, Washington, D.C. 20460. (ii) Completes one cycle of sampling and both 18 AAC 50.055(a)(1) and 18 AAC Copies of material submitted to EPA and analyzing for each successive 15-second 50.055(b)(2)(A). Both of these provisions other information supporting this action period; (C) The owner or operator of the boiler are in the State Implementation Plan. may be examined during normal provides the department with a 18 AAC 50.055(a)(1) currently states business hours at the following demonstration that the particulate matter that visible emissions shall not exceed locations: EPA Region 10, Office of Air emissions from the boiler allowed by this an opacity limit of 20% for a total of Quality (OAQ–107), 1200 Sixth Avenue, opacity limit will not cause or contribute to more than three minutes in any one Seattle, Washington 98101, and Alaska a violation of the ambient air quality hour. The revised regulation has a 20% Department of Environmental standards for PM–10 in 18 AAC 50.010, or opacity limit, with a six minute Conservation, 410 Willoughby Avenue, cause the maximum allowable increases for exception in any one hour instead of the Suite 105, Juneau, Alaska 99801–1795. PM–10 in 18 AAC 50.020 to be exceeded; and current three minute exception, for (D) The Federal administrator approves a FOR FURTHER INFORMATION CONTACT: facility-specific revision to the State approved site specific coal burning Roylene A. Cunningham, EPA Region implementation plan, required under 42 boilers that began operation before 10, Office of Air Quality (OAQ–107), U.S.C. 7410, authorizing the application of August 17, 1971, if the visible emissions Seattle, Washington 98101, (206) 553– this opacity limit instead of the opacity limit are caused by startup, shutdown, grate 0513. otherwise applicable under this section. cleaning, or routine maintenance
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specified in an operating permit issued S=the maximum period of routine and visible emission monitoring will be under 18 AAC 50.340. maintenance activity per 24 hours, expressed required. The frequency of monitoring to the nearest hundredth of an hour. 18 AAC 50.055(b)(2)(A) states that and testing will be determined in each total particulate emissions from the All calculated E, rounded to the facility’s operating permit on a case-by- facility should not exceed 0.1 gr/dscf of nearest hundredth of a grain, were all case basis, depending on the specifics of exhaust gas corrected to standard within the 0.1 gr/dscf particulate matter the individual source. standard (18 AAC 50.055(b)(2)(A)). The conditions and averaged over three VI. Summary of Action hours. This rule will remain unchanged. following assumptions were made: the While Alaska’s SIP revision for the According to the testing performed by soot-blowing activities emit the highest particulate emissions of the routine visible emission limit for coal burners is the affected facilities, the particulate less stringent than the current visible emissions and opacity are related but maintenance activities, so the soot- blowing demonstration was used to emission limit, ADEC has demonstrated there is not a linear relationship show compliance with the particulate that there will be no deleterious effect between the two. Since opacity is used standard for all routine maintenance on any NAAQS, Prevention of as a qualitative estimate of particulate activities. Soot-blowing duration is Significant Deterioration increment, or emissions, the revised opacity standards boiler dependent; however it lasts visibility in Class I areas. Therefore, we during startup, shutdown, grate anywhere from 5 to 22 minutes and are approving a revision of the cleaning, and routine maintenance occurs every 6 hours; and startup and Industrial Processes and Fuel-Burning activities cannot be directly ‘‘input’’ shutdown cannot be source tested Equipment rule [18 AAC 50.055(a)(9)] into air quality models. However, the because the operating conditions change for the visible emission limit of the affected sources are still required to rapidly and air flow is irregular. The affected coal burning boilers, located at meet the State’s particulate matter ADEC does not require source testing the following facilities, that began standard of 0.1 gr/dscf of exhaust gas, during startup and shutdown operation before August 17, 1971 and averaged over three hours. Therefore, operations. submitted the required demonstration: the increase in allowable emissions due A modeling protocol was developed Golden Valley Electric Association to the opacity change is limited by the and submitted to ADEC and EPA on (GVEA), Healy (Unit #1); Eielson Air particulate matter emission standard. September 11, 1997. The protocol Force Base, Fairbanks (6 units); Aurora V. How Has Alaska Addressed discussed screening and refined Energy, Fairbanks (4 units); and Clear Maintenance of the PM–10 NAAQS? modeling methodologies, procedures for Air Force Base, Clear (3 units). calculating source emission parameters, Additionally, we are approving a ADEC submitted a demonstration meteorological and receptor data revision to the Definitions section [18 showing that the revised opacity limit requirements and building downwash AAC 50.990] that will add definitions of for the four facilities with the affected procedures. grate cleaning and soot-blowing. coal burners would not result in The objective of the modeling was to EPA is publishing this rule without exceedances of the 24-hour or Annual demonstrate that revising the opacity prior proposal because the Agency National Ambient Air Quality Standard standard would not result in views this as a noncontroversial (NAAQS) for particulate matter less exceedances of the 24-hour or Annual submittal and anticipates no adverse than 10 microns in diameter (PM–10). NAAQS for PM–10. Since all of the comments. However, in the proposed The rationale was established through affected coal fired boilers were baseline rules section of this Federal Register data collection and analysis from both units for PM–10 (i.e., in operation before publication, EPA is publishing a source testing and modeling. the November 13, 1978) and the new separate document that will serve as the The facilities submitted particulate allowable emissions are less than proposal to approve the SIP revision matter source test data that correlated to baseline actual emissions, a Prevention should adverse comments be filed. This the measured opacity recorded during of Significant Deterioration increment rule will be effective August 20, 2001 the tests. The ADEC calculated analysis was not required. without further notice unless the particulate matter emissions using the The following general model Agency receives adverse comments by following formula contained in 18 ACC assumptions were made: all four July 20, 2001. 50.220. facilities used data from their If the EPA receives such comments, × × ¥ ¥ particulate matter sources test taken then EPA will publish a notice E=EM [(A+B) S/(R A)]+ENM[(R S)/R BS/ during maximum allowed operating (R×A)] withdrawing the final rule and conditions; at least one run contained a informing the public that the rule will Where: routine maintenance activity (i.e., soot- not take effect. All public comments E=the total particulate emissions of the blowing); and the maximum emission received will then be addressed in a source in grains per dry standard cubic foot rate was 0.1 gr/dscf. (gr/dscf). subsequent final rule based on the The modeling results showed that the proposed rule. The EPA will not EM=the particulate emissions in gr/dscf measured during the test that included the affected facilities can demonstrate institute a second comment period. routine maintenance activity. compliance with both the 24-hour and Parties interested in commenting should ENM=the arithmetic average of particulate Annual NAAQS for PM–10 with the do so at this time. If no such comments emissions in gr/dscf measured by the test new revised opacity limit, as long as are received, the public is advised that runs that did not include routine they also demonstrate compliance with this rule will be effective on August 20, maintenance activity. the current grain loading standard of 0.1 2001 and no further action will be taken A=the period of routine maintenance gr/dscf. on the proposed rule. activity occurring during the test run that In order to ensure continual included routine maintenance activity, compliance, ADEC will do the VII. Administrative Requirements expressed to the nearest hundredth of an hour. following. ADEC will include the Under Executive Order 12866 (58 FR B=the total period of the test run, less A. startup, shutdown, grate cleaning and 51735, October 4, 1993), this action is R=the maximum period of source routine maintenance activities in the not a ‘‘significant regulatory action’’ and operation per 24 hours, expressed to the facility’s operating permit issued under therefore is not subject to review by the nearest hundredth of an hour. 18 AAC 50.340. Routine source testing Office of Management and Budget. This
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action merely approves state law as with Executive Order 12630 (53 FR Dated: May 30, 2001. meeting Federal requirements and 8859, March 15, 1988) by examining the Michael A. Bussell, imposes no additional requirements takings implications of the rule in Acting Regional Administrator, Region 10. beyond those imposed by state law. accordance with the ‘‘Attorney Part 52, chapter I, title 40 of the Code Accordingly, the Administrator certifies General’s Supplemental Guidelines for of Federal Regulations is amended as that this rule will not have a significant the Evaluation of Risk and Avoidance of follows: economic impact on a substantial Unanticipated Takings’’ issued under number of small entities under the the executive order. This rule does not PART 52—[AMENDED] Regulatory Flexibility Act (5 U.S.C. 601 impose an information collection et seq.). Because this rule approves pre- 1. The authority citation for Part 52 burden under the provisions of the continues to read as follows: existing requirements under State law Paperwork Reduction Act of 1995 (44 and does not impose any additional U.S.C. 3501 et seq.). Authority: 42 U.S.C. 7401 et seq. enforceable duty beyond that required by State law, it does not contain any The Congressional Review Act, 5 Subpart C—Alaska unfunded mandate or significantly or U.S.C. section 801 et seq., as added by 2. Section 52.70 is amended by uniquely affect small governments, as the Small Business Regulatory adding paragraph (c)(30) to read as described in the Unfunded Mandates Enforcement Fairness Act of 1996, follows: Reform Act of 1995 (Public Law 104–4). generally provides that before a rule This rule also does not have a may take effect, the agency § 52.70 Identification of plan. substantial direct effect on one or more promulgating the rule must submit a (c) * * * Indian Tribes, on the relationship rule report, which includes a copy of (30) On November 1, 1999, the Alaska between the Federal Government and the rule, to each House of the Congress Department of Environmental Indian Tribes, or on the distribution of and to the Comptroller General of the Conservation (ADEC) submitted a SIP power and responsibilities between the United States. EPA will submit a report revision to revise the visible emission Federal Government and Indian Tribes, containing this rule and other required limit for coal burning boilers, during as specified by Executive Order 13175 information to the U.S. Senate, the U.S. startup; shutdown; soot-blowing; grate (65 FR 67249, November 9, 2000), nor House of Representatives, and the cleaning; or other routine maintenance will it have substantial direct effects on Comptroller General of the United activities, that began operation before the States, on the relationship between States prior to publication of the rule in August 17, 1971, and submitted the the national government and the States, the Federal Register. A major rule required demonstration. This SIP or on the distribution of power and cannot take effect until 60 days after it revision is approved for the following responsibilities among the various is published in the Federal Register. facilities that submitted the required levels of government, as specified in This action is not a ‘‘major rule’’ as demonstration: Golden Valley Electric Executive Order 13132 (64 FR 43255, Association (GVEA), Healy (Unit #1); August 10, 1999), because it merely defined by 5 U.S.C. section 804(2). This rule will be effective August 20, 2001 Eielson Air Force Base, Fairbanks (6 approves a State rule implementing a units); Aurora Energy, Fairbanks (4 Federal standard, and does not alter the unless EPA receives adverse written comments by July 20, 2001. units); and Clear Air Force Base, Clear relationship or the distribution of power (3 units). Additionally, we are and responsibilities established in the Under section 307(b)(1) of the Clean approving a revision to the definitions Clean Air Act. This rule also is not Air Act, petitions for judicial review of section that will add definitions of grate subject to Executive Order 13045 (62 FR this action must be filed in the United cleaning and soot-blowing. 19885, April 23, 1997), because it is not States Court of Appeals for the (i) Incorporation by reference. economically significant. appropriate circuit by August 20, 2001. (A) 18 Alaska Administrative Code In reviewing SIP submissions, EPA’s Filing a petition for reconsideration by (AAC) 50.055(a)(9), Industrial Processes role is to approve State choices, the Administrator of this final rule does and Fuel-Burning Equipment; as State provided that they meet the criteria of not affect the finality of this rule for the effective on November 4, 1999. 18 AAC the Clean Air Act. In this context, in the purposes of judicial review nor does it 50.990, subsections (106) and (107), absence of a prior existing requirement extend the time within which a petition Definitions; as State effective on January for the State to use voluntary consensus for judicial review may be filed, and 1, 2000. standards (VCS), EPA has no authority shall not postpone the effectiveness of [FR Doc. 01–15416 Filed 6–19–01; 8:45 am] to disapprove a SIP submission for such rule or action. This action may not BILLING CODE 6560–50–P failure to use VCS. It would thus be be challenged later in proceedings to inconsistent with applicable law for enforce its requirements. (See section EPA, when it reviews a SIP submission, 307(b)(2)) ENVIRONMENTAL PROTECTION to use VCS in place of a SIP submission AGENCY that otherwise satisfies the provisions of List of Subjects in 40 CFR Part 52 the Clean Air Act. Thus, the 40 CFR Part 52 requirements of section 12(d) of the Environmental protection, Air National Technology Transfer and pollution control, Incorporation by [AZ 099–0038; FRL–7000–1] reference, Intergovernmental relations, Advancement Act of 1995 (15 U.S.C. Withdrawal of Direct Final Rule Particulate matter, Reporting and 272 note) do not apply. As required by Revising the Arizona State recordkeeping requirements. section 3 of Executive Order 12988 (61 Implementation Plan, Pinal-Gila FR 4729, February 7, 1996), in issuing Note: Incorporation by reference of the Counties Air Quality Control District this rule, EPA has taken the necessary Implementation Plan for the State of Alaska and Pinal County Air Quality Control steps to eliminate drafting errors and was approved by the Director of the Office of District ambiguity, minimize potential litigation, Federal Register on July 1, 1982. and provide a clear legal standard for AGENCY: Environmental Protection affected conduct. EPA has complied Agency (EPA).
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ACTION: Withdrawal of direct final rule. DEPARTMENT OF HEALTH AND transplant services, whichever date HUMAN SERVICES occurs first. SUMMARY: EPA is withdrawing direct Health Care Financing Administration II. Waiver of Proposed Rulemaking & final approval of the recision of rules Delay of Effective Date from the Pinal-Gila Counties Air Quality Control District (PGCAQCD) portion of 42 CFR Part 405 We ordinarily publish a notice of proposed rulemaking in the Federal the Arizona State Implementation Plan [HCFA–3074–F] Register and invite public comment on (SIP) that were published in the Federal RIN 0938–AK98 the proposed rule. The notice of Register on May 1, 2001 (66 FR 21675). proposed rulemaking includes a EFFECTIVE DATE: The direct final rule Medicare and Medicaid Programs; reference to the legal authority under published on May 1, 2001 is withdrawn End-Stage Renal Disease—Waiver of which the rule is proposed, and the as of June 20, 2001. Conditions for Coverage Under a State terms and substances of the proposed of Emergency in Houston, TX Area rule or a description of the subjects and FOR FURTHER INFORMATION CONTACT: Al issues involved. We generally delay the Petersen, Rulemaking Office, Air AGENCY: Health Care Financing Administration (HCFA), HHS. effective date of a final rule. These Division, U.S. Environmental Protection procedures can be waived, however, if ACTION: Final rule. Agency, Region IX, 75 Hawthorne an agency finds good cause that the Street, San Francisco, CA 94105; (415) SUMMARY: This final rule grants a waiver notice-and-comment and effective date 744–1135. of the end-stage renal disease conditions delay procedures are impracticable, SUPPLEMENTARY INFORMATION: On May 1, for coverage to permit the transplant unnecessary, or contrary to the public 2001 (66 FR 21727), EPA proposed to team of an approved renal transplant interest and incorporates a statement of the finding and its reasons in the rule approve the recision of various center to furnish covered kidney issued. Because of the imminent danger PGCAQCD rules from the Arizona State transplant services in three specific posed to patients needing a kidney Implementation Plan (SIP). On the same hospitals in the Houston, Texas area during a state of emergency crisis. transplant and the loss of availability of day (66 FR 21675), EPA also published facilities to perform these services, we a direct final rule approving the recision EFFECTIVE DATE: These regulations are effective on June 15, 2001. find that notice-and-comment is of these rules from the SIP. The action impracticable, unnecessary, and FOR FURTHER INFORMATION CONTACT: provided a 30 day public comment contrary to the public interest. Jackie Sheridan, (410) 786–4635, or period and explained that if we received Therefore, we find good cause to Jennifer Doherty, (410) 786–2462. adverse comments, we would withdraw waive the notice of proposed the relevant direct final action. SUPPLEMENTARY INFORMATION: rulemaking and delay of effective date We did receive adverse comments, I. Provisions of this Rule to issue this final rule. and are therefore withdrawing the direct A state of emergency has resulted List of Subjects in Part 405 final recision of all of the rules. We are from a natural disaster causing massive Administrative practice and not opening an additional comment flooding, loss of power, and disruption procedure, Health facilities, Health period. We intend to finalize action on to basic services throughout the professions, Kidney diseases, Medicare, these rules based on the May 1, 2001 Houston, Texas area. A severe health Reporting and recordkeeping proposed action. and safety threat exists from the requirements, Rural areas, X-rays. List of Subjects in 40 CFR Part 52 unanticipated damage done to hospitals For the reasons set forth in the in the entire Houston area. preamble, 42 CFR, chapter IV, is Environmental protection, Air Approximately 2,000 hospital beds in amended as set forth below: pollution control, Carbon monoxide, downtown Houston have been closed, Incorporation by reference, including end-stage renal disease PART 405—FEDERAL HEALTH Intergovernmental relations, Nitrogen (ESRD) facilities currently approved to INSURANCE FOR THE AGED AND dioxide, Ozone, Particulate matter, furnish kidney transplant services. DISABLED Effective June 15, 2001, we are Reporting and recordkeeping 1. The authority citation for part 405, requirements, Volatile organic waiving the ESRD conditions for coverage in 42 CFR, part 405, subpart U subpart U continues to read as follows: compounds. to permit coverage of kidney transplant Authority: Secs. 1102, 1138, 1861, 1862(a), Authority: 42 U.S.C. 7401 et seq. services performed by the transplant 1871, 1874, and 1881 of the Social Security Dated: June 6, 2001. team from Memorial Hermann Hospital Act (42 U.S.C. 1302, 1320b–8, 1395x, 1395y(a), 1395hh, 1395kk, and 1395rr), Laura Yoshii, when performed at one of the following hospitals: unless otherwise noted. Acting Regional Administrator, Region IX. • Memorial Hermann-Memorial City Subpart U—Conditions for Coverage of [FR Doc. 01–15482 Filed 6–19–01; 8:45 am] Hospital (commonly referred to as Suppliers of End-Stage Renal Disease BILLING CODE 6560–50–P Memorial City Hospital). (ESRD) • Memorial Hermann Southwest Hospital (commonly referred to as 2. A new § 405.2175 is added to read Memorial Southwest Hospital). as follows: • Memorial Hermann Southeast Hospital (commonly referred to as § 405.2175 Waiver of conditions for Memorial Southeast Hospital). coverage for state of emergency situations. This waiver of the conditions for (a) Effective June 15, 2001, HCFA coverage is effective until December 15, waives the ESRD conditions for 2001 or until memorial Hermann coverage in this subpart to permit Hospital re-opens to furnish kidney coverage of kidney transplant services
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performed by the transplant team from DEPARTMENT OF COMMERCE exception at § 676.17. Section 676.17 Memorial Hermann Hospital when (a), entitled ‘‘vessel clearance,’’ performed at one of the following National Oceanic and Atmospheric described vessel landing procedures and hospitals: Administration became § 679.5(l)(3) entitled ‘‘vessel (1) Memorial Hermann-Memorial City clearance.’’ Section 676.17(b), entitled 50 CFR Part 679 ‘‘Ten Percent Adjustment Policy,’’ Hospital (commonly referred to as described a requirement to harvest Memorial City Hospital). [Docket No. 960531152–6152–01; I.D. 042996B] within the allocated IFQ permit amount. (2) Memorial Hermann Southwest This second paragraph became § 679.40 Hospital (commonly referred to as RIN 0648–A118 (d). The former prohibition § 676.16 (d) Memorial Southwest Hospital). Fisheries of the Exclusive Economic became § 679.7 (f)(4). (3) Memorial Herman Southeast Zone Off Alaska; Correction The error occurs because the cross Hospital (commonly referred to as reference at § 679.7 (f)(4) incorrectly Memorial Southeast Hospital). AGENCY: National Marine Fisheries refers the reader to an exception at Service (NMFS), National Oceanic and § 679.5 (l)(3); the correct cite is § 679.40 (b) The waiver of the conditions for Atmospheric Administration (NOAA), (d). coverage is effective until December 15, Commerce. 2001 or until Memorial Hermann List of Subjects in 50 CFR Part 679 ACTION: Final rule; correcting Hospital re-opens to furnish kidney amendments. Alaska, Fisheries, Recordkeeping and transplant services, whichever date reporting requirements. occurs first. HCFA will publish a rule SUMMARY: This document contains a Accordingly, 50 CFR part 679 is removing this waiver after it expires. correction to the final rule consolidating corrected by making the following (Catalog of Federal Domestic Assistance regulations for fisheries of the Exclusive correcting amendments: Program No. 93.778, Medical Assistance Economic Zone off Alaska that was Program) published in the Federal Register on PART 679—FISHERIES OF THE June 19, 1996. EXCLUSIVE ECONOMIC ZONE OFF (Catalog of Federal Domestic Assistance ALASKA Program No. 93.773, Medicare—Hospital DATES: Effective June 20, 2001. Insurance; and Program No. 93.774, FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 679 Medicare—Supplementary Medical Patsy A. Bearden, 907–586–7008. continues to read as follows: Insurance Program) SUPPLEMENTARY INFORMATION: A final Authority: 16 U.S.C. 773 et seq., 1801 et rule was published in the Federal Thomas A. Scully, seq., and 1631 et seq. Register on 61 FR 31227 (June 19, 1996), Administrator, Health Care Financing to consolidate six parts (671, 672, 673, § 679.7 [Corrected] Administration. 675, 676, and 677) in title 50 of the CFR Tommy G. Thompson, 2. In § 679.7 (f)(4), remove ‘‘Except as into one new part (50 CFR part 679). A provided in § 679.5 (l)(3)’’ and add in Secretary. new prohibition to § 679.7 was created its place, ‘‘Except as provided in [FR Doc. 01–15587 Filed 6–15–01; 5:10 pm] by combining the prohibitions from the § 679.40 (d)’’. BILLING CODE 4120–01–M formerly separate six parts. Individual Fishing Quota (IFQ) fisheries Dated: June 14, 2001. prohibitions were placed into § 679.7 (f). William T. Hogarth, An error was made in citing the cross Acting Assistant Administrator for Fisheries, reference within one paragraph placed National Marine Fisheries Service. in the new part. The former prohibition [FR Doc. 01–15537 Filed 6–19–01; 8:45 am] § 676.16 (d) referred the reader to an BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 66, No. 119
Wednesday, June 20, 2001
This section of the FEDERAL REGISTER the addresses below during normal 1217), the West Virginia Department of contains notices to the public of the proposed business hours, Monday through Friday, Environmental Protection (WVDEP) issuance of rules and regulations. The excluding holidays. You may receive submitted an amendment to its program. purpose of these notices is to give interested one free copy of the proposed The program amendment consists of persons an opportunity to participate in the amendment by contacting OSM’s changes to the West Virginia Surface rule making prior to the adoption of the final rules. Charleston Field Office. Coal Mining and Reclamation Act as Mr. Roger W. Calhoun, Director, amended by Senate Bill 603. The Charleston Field Office, Office of amendment concerns reclamation plan DEPARTMENT OF THE INTERIOR Surface Mining Reclamation and requirements at section 22–3–10, and Enforcement, 1027 Virginia Street, authorizes the submittal of a master Office of Surface Mining Reclamation East, Charleston, West Virginia 25301 land use plan for postmining land use. and Enforcement Telephone: (304) 347–7158. E-mail: The amendment also revises the [email protected]. provisions concerning the Office of 30 CFR Part 948 West Virginia Department of Coalfield Community Development at [WV–092–FOR] Environmental Protection, 10 chapter 5B–2A sections 5 and 9. The McJunkin Road, Nitro, West Virginia amendment is intended to improve the West Virginia Regulatory Program 25143, Telephone: (304) 759–0515. effectiveness of the West Virginia The proposed amendment will be program. AGENCY: Office of Surface Mining posted at the Department’s Internet You will find West Virginia’s program Reclamation and Enforcement (OSM), page: http://www.dep.state.wv.us. amendment presented below. Interior. In addition, you may review copies of W.Va. Code 22–3–10. Reclamation Plan ACTION: Proposed rule; public comment the proposed amendment during regular Requirements period and opportunity for public business hours at the following The style of this section is amended hearing. locations: in various locations by deleting the SUMMARY: OSM is announcing receipt of Office of Surface Mining Reclamation word ‘‘such’’ and by replacing that word a proposed amendment to the West and Enforcement, Morgantown Area with the word ‘‘the.’’ In addition, at Virginia regulatory program under the Office, 75 High Street, Room 229, P.O. subsection (a)(14), the word ‘‘Such’’ is Surface Mining Control and Box 886, Morgantown, West Virginia deleted and replaced by the word Reclamation Act of 1977 (SMCRA). The 26507, Telephone: (304) 291–4004. ‘‘Any.’’ As amended, subsection (a)(14) program amendment consists of changes (By Appointment Only) provides as follows: ‘‘(14) Any other to the West Virginia Surface Coal Office of Surface Mining Reclamation requirements as the director may Mining and Reclamation Act as and Enforcement, Beckley Area prescribe by rule.’’ contained in Senate Bill 603. The Office, 323 Harper Park Drive, Suite 3, New subsection 22–3–10(b) is added, amendment concerns reclamation plan Beckley, West Virginia 25801, and existing subsection (b) is relettered requirements and authorizes the Telephone: (304) 255–5265. as (c). New subsection (b) is added to submittal of a master land use plan for FOR FURTHER INFORMATION CONTACT: Mr. read as follows. postmining land use. The amendment Roger W. Calhoun, Director, Charleston (b) Any surface mining permit application also revises the provisions concerning Field Office; Telephone: (304) 347– filed after the effective date of this subsection the Office of Coalfield Community 7158. may contain, in addition to the requirements Development. The amendment is SUPPLEMENTARY INFORMATION: of subsection (a) of this section, a master land intended to improve the effectiveness of use plan, prepared in accordance with article the West Virginia program. I. Background on the West Virginia two-a, chapter five-b of this code, as to the DATES: If you submit written comments, Program post-mining land use. A reclamation plan approved but not implemented may be they must be received on or before 4:00 On January 21, 1981, the Secretary of p.m. (local time), on July 20, 2001. If amended to provide for a revised reclamation the Interior conditionally approved the plan consistent with the provisions of this requested, a public hearing on the West Virginia program. You can find subsection. proposed amendments will be held at background information on the West 1:00 p.m. (local time), on July 16, 2001. Virginia program, including the W. Va. Code 5B–2A Office of Coalfield Requests to speak at the hearing must be Secretary’s findings, the disposition of Community Development received by 4:00 p.m. (local time), on comments, and the conditions of Section 5B–2A–5 is amended by July 5, 2001. approval in the January 21, 1981, deleting the words ‘‘shall have and’’ that ADDRESSES: Mail or hand-deliver your Federal Register (46 FR 5915–5956). appear in the first sentence, and by written comments and requests to speak You can find later actions concerning replacing those words with the words, at the hearing to Mr. Roger W. Calhoun, the conditions of approval and program ‘‘has and may.’’ In addition, section 5B– Director, Charleston Field Office at the amendments at 30 CFR 948.10, 948.12, 2A is amended by adding new address listed below. 948.13, 948.15, and 948.16. paragraph (9) as follows: You may review copies of the West (9) On its own initiative or at the request Virginia program, the proposed II. Discussion of the Proposed Amendment of a community in close proximity to a amendment, a listing of any scheduled mining operation, or a mining operation, hearings, and all written comments By letter dated May 21, 2001 offer assistance to facilitate the development received in response to this document at (Administrative Record Number WV– of economic or community assets. Such
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assistance may include the preparation of a should explain the reason for your hearing after all persons scheduled to master land use plan pursuant to the recommendation(s). We may not be able speak and persons present in the provisions of section nine of this article. to consider or include in the audience who wish to speak have been Section 5B–2A–9 is amended by Administrative Record comments heard. adding new subsection (f) as follows: delivered to an address other than the Any disabled individual who has (f) In addition to the coal field community one listed above (see ADDRESSES). need for a special accommodation to attend a public hearing should contact development statement cited in subsection Electronic Comments (a) of this section, the office may secure the individual listed under FOR FURTHER developable land and infrastructure for a Please submit Internet comments as INFORMATION CONTACT. development office or county through the an ASCII, Word Perfect, or Word file preparation of a master land use plan for avoiding the use of special characters Public Meeting inclusion into a reclamation plan prepared and any form of encryption. Please also If only one person requests an pursuant to the provisions of section ten, include Attn: SPATS NO. WV–092– opportunity to speak at a hearing, a article three, chapter twenty-two of this code. FOR’’ and your name and return address public meeting, rather than a public Participation in a master land use plan is hearing, may be held. If you wish to voluntary. in your Internet message. If you do not (1) State, local, county or regional receive a confirmation that we have meet with OSM representatives to development authorities may determine land received your Internet message, contact discuss the proposed amendment, you and infrastructure needs within their the Charleston Field office at (304) 347– may request a meeting by contacting the jurisdictions through the development of a 7158. person listed under FOR FURTHER master land use plan which incorporates INFORMATION CONTACT. All such meetings post-mining land use needs that include Availability of Comments will be open to the public and, if industrial uses, commercial uses, agricultural Our practice is to make comments, possible, notices of meetings will be uses, public facility uses or recreational including names and home addresses of posted at the locations listed under facility uses. respondents, available for public review ADDRESSES. A written summary of each (2) A master land use plan must be reviewed by the office of coalfield during our regular business hours at the meeting will be made a part of the community development before the master OSM Administrative Record Room (see Administrative Record. ADDRESSES). Individual respondents land use plan can be approved. IV. Procedural Determinations (3) The required infrastructure component may request that we withhold their standards needed to accomplish the home address from the rulemaking Executive Order 12866—Regulatory designated post-mining land uses identified record, which we will honor to the Planning and Review in subdivision one of this subsection shall be extent allowable by law. There also may This rule is exempted from review by developed by the relevant state, local, county be circumstances in which we would or regional development authority. The the Office of Management and Budget standards must be in place before the withhold from the rulemaking record a under Executive Order 12866. respective state, local, county or regional respondent’s identity, as allowable by development authority can accept ownership law. If you wish us to withhold your Executive Order 12630—Takings of property donated pursuant to a master name and/or address, you must state This rule does not have takings land use plan. Acceptance of ownership of this prominently at the beginning of implications. This determination is such property by a state, local, county or your comment. However, we will not based on the analysis performed for the regional development authority may not consider anonymous comments. We counterpart federal regulation. occur unless it is determined that: (a) The will make all submissions from Property use is compatible with adjacent Executive Order 13132—Federalism land uses; (b) the use satisfies the relevant organizations or businesses, and from development authority’s anticipated need individuals identifying themselves as This rule does not have federalism and market use; (c) the property has in place representatives or officials of implications. SMCRA delineates the necessary infrastructure components needed organizations or businesses, available roles of the federal and state to achieve the anticipated use; (d) the use is for public inspection in their entirety. governments with regard to the supported by all other appropriate public regulation of surface coal mining and agencies; and (e) the use is feasible. Required Public Hearing reclamation operations. One of the infrastructure component standards require If you wish to speak at the public purposes of SMCRA is to ‘‘establish a approval of the relevant county commission hearing, you should contact the person nationwide program to protect society or commissions before such standards are listed under FOR FURTHER INFORMATION accepted. County commission approval may and the environment from the adverse CONTACT be rendered only after a reasonable public by 4:00 p.m. (local time), on effects of surface coal mining comment period. July 5, 2001. The location and time of operations.’’ Section 503(a)(1) of the hearing will be arranged with those SMCRA requires that state laws III. Public Comment Procedures persons requesting the hearing. If no one regulating surface coal mining and In accordance with the provisions of requests an opportunity to speak at the reclamation operations be ‘‘in 30 CFR 732.17(h), we are seeking public hearing, the hearing will not be accordance with’’ the requirements of comments, on whether the proposed held. SMCRA, and section 503(a)(7) requires amendment satisfies the applicable To assist the transcriber and ensure an that state programs contain rules and program approval criteria of 30 CFR accurate record, we request, if possible, regulations ‘‘consistent with’’ 732.15. If the amendment is deemed that each person who testifies at a regulations issued by the Secretary adequate, it will become part of the public hearing provide us with a written pursuant to SMCRA. West Virginia program. copy of his or her testimony. The public hearing will continue on the specified Executive Order 12988—Civil Justice Written Comments date until all persons scheduled to Reform If you submit written or electronic speak have been heard. If you are in the The Department of the Interior has comments on the proposed amendment audience and have not been scheduled conducted the reviews required by during the 30-day comment period, they to speak and wish to do so, you will be section 3 of Executive Order 12988 and should be specific, should be confined allowed to speak after those who have has determined that, to the extent to issues pertinent to the notice, and been scheduled. We will end the allowed by law, this rule meets the
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applicable standards of subsections (a) Regulatory Enforcement Fairness Act. FOR FURTHER INFORMATION CONTACT: and (b) of that section. However, these This rule: Stephen L. Sharfman, 202–789–6820. standards are not applicable to the a. Does not have an annual effect on SUPPLEMENTARY INFORMATION: The actual language of state regulatory the economy of $100 million. Commission is issuing this document to programs and program amendments b. Will not cause a major increase in solicit comments on procedures, since each such program is drafted and costs or prices for consumers, currently under consideration, to permit promulgated by a specific state, not by individual industries, federal, state, or the filing of documents electronically OSM. Under sections 503 and 505 of local government agencies, or (filing online). In addition, the SMCRA (30 U.S.C. 1253 and 1255) and geographic regions. Commission hereby gives notice of a 30 CFR 730.11, 732.15, and c. Does not have significant adverse technical conference to address the 732.17(h)(10), decisions on proposed effects on competition, employment, filing online process. Following the state regulatory programs and program investment, productivity, innovation, or technical conference, the Commission amendments submitted by the states the ability of U.S. based enterprises to expects to issue a notice of proposed must be based solely on a determination compete with foreign-based enterprises. rulemaking to revise its rules of practice of whether the submittal is consistent This determination is based upon the and procedure to reflect the availability with SMCRA and its implementing fact that the state submittal which is the of filing online. subject of this rule is based upon federal regulations and whether the Consistent with government-wide counterpart federal regulations for other requirements of 30 CFR Parts 730, initiatives to allow for the electronic which an analysis was prepared and a 731, and 732 have been met. filing and storage of documents in lieu determination made that the federal of paper (hardcopy),1 the Commission is National Environmental Policy Act regulation was not considered a major in the process of developing procedures Section 702(d) of SMCRA (30 U.S.C. rule. to accept the filing of documents 1292(d)) provides that a decision on a Unfunded Mandates electronically (filing online). To that proposed state regulatory program end, the Commission recently updated provision does not constitute a major This rule will not impose a cost of its web site (www.prc.gov) by federal action within the meaning of $100 million or more in any given year introducing a new option to enable section 102(2)(C) of the National on any governmental entity or the parties to download multiple Environmental Policy Act (NEPA) (42 private sector. documents simultaneously. This feature U.S.C. 4332(2)(C)). A determination has List of Subjects in 30 CFR Part 948 simplifies and expedites the been made that such decisions are downloading process. categorically excluded from the NEPA Intergovernmental relations, Surface While participation will not be process (516 DM 8.4.A). mining, Underground mining. mandatory, the Commission anticipates Paperwork Reduction Act Dated: June 8, 2001. general use of filing online given the Allen D. Klein, This rule does not contain significant savings associated with Regional Director, Appalachian Regional electronic filing coupled with the information collection requirements that Coordinating Center. require approval by the Office of widespread and growing access to the [FR Doc. 01–15499 Filed 6–19–01; 8:45 am] Management and Budget under the Internet. Filing online should reduce the Paperwork Reduction Act (44 U.S.C. BILLING CODE 4310–05–P cost of participating in proceedings 3507 et seq.). before the Commission substantially because the need to serve parties will be Regulatory Flexibility Act POSTAL RATE COMMISSION virtually, if not entirely, eliminated. The Department of the Interior has Thus, substantial preparation costs will determined that this rule will not have 39 CFR Part 3001 be avoided. In addition, filing online a significant economic impact on a [Docket No. RM2001–2; Order No. 1317] should enable participants to operate substantial number of small entities more efficiently. For example, the under the Regulatory Flexibility Act (5 Rules of Practice and Procedure process of submitting documents for U.S.C. 601 et seq.). The state submittal filing will be greatly simplified; AGENCY: Postal Rate Commission. which is the subject of this rule is based transaction costs associated with the ACTION: upon counterpart federal regulations for Request for comments and actual filing of a hard copy, in addition which an economic analysis was technical conference. to those for printing and postage, will be prepared and certification made that SUMMARY: The Commission is soliciting eliminated; any confusion over service such regulations would not have a comments on electronic filing dates will be avoided; and participants significant economic effect upon a procedures. The objective is to develop will have access to documents sooner, substantial number of small entities. a rule that makes use of modern in both a PDF (portable document Accordingly, this rule will ensure that technology, reduces the burden and format) that accurately reflects the existing requirements previously expense of paper filing, and facilitates document filed and that is more promulgated by OSM will be public access to data filed with the efficient to download, and an RTF (rich implemented by the state. In making the Commission. text format) that can be more easily used determination as to whether this rule in preparing other documents (such as would have a significant economic DATES: Comments are due by July 9, discovery responses). Moreover, the impact, the Department relied upon the 2001; a technical conference is system will contain safeguards ensuring data and assumptions for the scheduled for July 11, 2001 at 10 a.m. participants’ control over their counterpart federal regulation. ADDRESSES: Send comments to Steven documents prior to filing and that only W. Williams, Acting Secretary, Postal documents that a participant wishes to Small Business Regulatory Enforcement Rate Commission, 1333 H Street, NW., file will be filed. Fairness Act Suite 300, Washington, DC 20268–0001. This rule is not a major rule under 5 The technical conference will be held at 1 See, e.g., the Government Paperwork U.S.C. 804(2), the Small Business the above address. Elimination Act, Pub. L. No. 105277, 17021704.
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The Commission, too, will reap 4. The acting secretary shall cause this opportunities for document review, and benefits. Filing online will eliminate the notice and order to be published in the RTF files. need to scan and optically character Federal Register. A. Account Holder Application read (OCR) each filing. As a result, Authority: 39 U.S.C. 3603. filings can be posted on the web site Each person desiring to submit an more promptly, in substantially reduced Steven W. Williams, electronic filing must complete and file sizes, and in a manner true to the Acting Secretary. return the application form, available on document filed. Thus, the Commission Overview of Electronic Filing Process the PRC website, to the Commission. will be able to provide better service to This form need be submitted only once, the public at reduced costs. In sum, I. Download Option provided that the information submitted filing online offers substantial, tangible Recently, the Commission completed remains unchanged. benefits for participants and the the development of a new option to The application will be similar to the Commission. enable website users to download following: Improved technology makes filing multiple documents from its daily Account Holder Application online a realistic goal. Nonetheless, listing. Currently, this download feature filing online remains a work in progress. is available only on systems running Name The Commission’s current vision of the Windows and Internet Explorer and Affiliation process is outlined in greater detail in requires the copying of four (4) dll files Address the attachment.2 Briefly, its salient (dynamic link libraries) to the user’s Phone points are as follows: filing online will local computer. This will occur Email address be available only to account holders; automatically the first time that the By signing this application I, documents filed must be submitted in feature is utilized. This configuration llllllll, recognize that the PDF, although documents in other appears to be the only way to enable authenticity of all documents filed formats may be attached; participants browsers to download multiple files under this account and password is my may use the Commission’s web site to into a directory structure. Although the responsibility as the account holder. create PDF documents or may produce Commission has encountered no Signature of account holder their own; and the PRC system will difficulties with the dll files, it is The account holder will receive a automatically create an RTF document possible that not every configuration login name and password by mail. The from the PDF version for pasting text will have the same success. Commission anticipates that the process into other documents. The download process is very simple: ultimately employed will enable the While the Commission would like to just check the boxes to the right of each account holder to select an individual document to be downloaded, or introduce filing online promptly, the login name and password. Attorney alternatively click the ‘‘check all’’ greater concern is that the process account holders representing more than button, and then click the ‘‘download ultimately adopted operates effectively one party may file on behalf of any party checked files’’ button. A download and efficiently to the benefit of the using a single login name and password. greatest number of prospective screen will appear, prompting the user participants. Consequently, the to enter a download location, i.e., the B. Login to the PRC’s Server drive and subdirectory to be used as the Commission is convening a technical The PRC web site will contain a link ‘‘root.’’ Once the ‘‘submit’’ button is conference to discuss the filing online to ‘‘filing online.’’ After selecting this clicked, a box appears showing the files process. The conference will be held option, the account holder will be to be downloaded and the destination July 11, 2001, to commence at 10 a.m. greeted with a login screen similar to path. Click the ‘‘start download’’ button in the Commission’s hearing room. In the following: to begin the process. Users may find it addition, persons unable to attend the helpful to create a special directory to Welcome to the PRC filing online conference or interested in facilitating serve exclusively as the ‘‘root’’ for this Login name discussion at the conference are invited purpose. Password to submit comments on the proposed [button for] Login filing online service by July 9, 2001. II. Filing Online The account holder will enter the Ted P. Gerarden, director of the office Electronic filing offers a host of login name and password received from of consumer advocate, is designated to advantages over the status quo. The the Commission to reach the work area. represent the interests of the general notice identifies some of those benefits, C. Work Area public in this docket. but underscores that filing online Ordering Paragraphs remains under development. The The account holder’s work area serves following describes the filing online several functions. It is ordered: process currently under consideration First, it identifies the ‘‘documents 1. A technical conference will be held by the Commission. In designing this submitted today.’’ These are filings July 11, 2001, commencing at 10 a.m. in process, the Commission has been submitted that business day by the the Commission’s hearing room, to guided by two underlying principles, account holder; they are posted for discuss the filing online process. flexibility and security. First, the informational purposes only, and 2. Interested persons may submit Commission has attempted to fashion a cannot be edited. comments on the proposed filing online process to minimize compliance costs Second, it identifies ‘‘documents in process by July 9, 2001. while still enabling the account holder progress.’’ These are potential filings 3. Ted P. Gerarden, director of the to exercise control over documents to be (document(s)) for which the account office of consumer advocate, is filed. To that end, the process gives the holder has entered some information, designated to represent the interests of account holder the option to create a e.g., party or document title, and the general public in this docket. PDF using the PRC’s server or using his perhaps has attached other files, but that or her own software. Second, the have not yet been submitted for filing. 2 For information purposes, the attachment also Commission addressed security issues The account holder can edit these summarizes the new download option. by providing secure work areas, documents by selecting the relevant
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one(s) and then clicking the ‘‘open will be displayed allowing the account open this file in their word processors existing document’’ button. holder to download and review each and utilize it as they deem appropriate, Third, the account holder can create PDF prior to filing. e.g., cut and paste from it or modify it a new document by clicking on the to create another pleading. [button for] Review PDFs ‘‘create new document’’ button. The Finally, upon receipt of a filing, account holder will be prompted to 2. On Account Holder’s System Commission personnel in dockets will identify the filing party(ies) and enter Adobe Acrobat Reader is the free check the document information and the title of document. An area for software that allows one to view PDF attached files. Assuming these checks comments will be provided. files. Adobe Acrobat is the most reveal no problem, the filing will be Fourth, because each filing must have common software program used to made available on the Commission’s a PDF file, the work area provides the produce PDF files. Those not converting web site. If there is a problem, the account holder with a process to convert to PDF on the PRC’s server may account holder will be contacted. documents to PDF using the PRC’s purchase Adobe Acrobat to produce [FR Doc. 01–15436 Filed 6–19–01; 8:45 am] server. Clicking on the ‘‘convert files to PDF files on their own system. The BILLING CODE 7710–FW–P PDF’’ button begins the conversion. This Commission’s web site will contain a process is addressed in detail in section link to the appropriate site where such II D, below. software may be purchased. To reiterate, Illustratively, the screen of an account ENVIRONMENTAL PROTECTION account holders are not required to holder with the OCA may look AGENCY purchase anything to participate in something like this: filing online. 40 CFR Part 52 Documents Submitted Today Once the PDF is ready, it may be filed. [Docket No. AK–24–1712b; FRL–6993–8] Party(ies) Title E. Filing OCA Answer of the OCA to Approval and Promulgation of State interrogatories of UPS, witness: The date and time of filing are Implementation Plans: Alaska Callow (UPS/OCA–T1–1–15) established by the PRC’s server. The OCA Answer of the OCA to individual responsible for the filing is AGENCY: Environmental Protection interrogatories of UPS, witness: determined by the account used. That Agency (EPA). Thompson (UPS/OCA–T2–7–11) individual will be required to identify ACTION: Proposed rule. on whose behalf the filing is being made Documents in progress and enter the document title as it SUMMARY: The EPA proposes to approve OCA Answer of the OCA to appears on the document. An optional the State Implementation Plan (SIP) interrogatories of USPS, witness: field for comments will be available. revision submitted by the State of Callow (UPS/OCA–T1–1–8) Once the preliminary information is Alaska for the purpose of revising the OCA Answer of the OCA to entered, the PDF and any other visible emission limit for coal burning interrogatories of UPS, witness: electronic files should be attached to the boilers, during startup; shutdown; soot- Thompson (UPS/OCA–T2–1–11) filing. The PDF of the document is blowing; grate cleaning; or other routine [button for] Open existing document required. maintenance activities, that began [button for] Create new document The account holder should confirm operation before August 17, 1971, and [button for] Convert files to PDF that the information entered is correct submitted the required demonstration. D. Converting to PDF and that the appropriate files are Additionally, we are proposing to attached and then click the ‘‘submit’’ approve a revision to the definitions Two PDF options will be available; button. section that will add definitions of grate the first is available at no charge cleaning and soot-blowing. The SIP through the PRC’s website; alternatively, [button for] Submit revision was submitted by the State to participants may purchase the After clicking the ‘‘submit’’ button, satisfy certain Federal Clean Air Act appropriate software to create their own the account holder will be prompted requirements under Section 110. In the PDF files. that the filing will become official and Final Rules Section of this Federal 1. On PRC Server that the account holder may not access Register, EPA is approving the State’s it further upon clicking the ‘‘ok’’ button. SIP submittal as a direct final rule The conversion screen will display Alternatively, the account holder may without prior proposal because the the account holder’s uploaded files, as cancel the transaction by clicking the Agency views this as a noncontroversial well as buttons for uploading, ‘‘cancel’’ button. submittal amendment and anticipates converting, and reviewing documents. no adverse comments. A detailed [button for] OK [button for] Upload files rationale for the approval is set forth in [button for] Cancel Upon Clicking the button to upload, the direct final rule. If no adverse the Account Holder will be prompted to Following submission of a filing, a comments are received in response to select the documents to be converted receipt page will appear that the this action, no further activity is from the account holder’s local system. account holder may print for his or her contemplated. If the EPA receives The documents will be copied to the records. adverse comments, the direct final rule will be withdrawn and all public work area on the PRC’s server. F. Processing On the convert page, the account comments received will be addressed in holder will be prompted to select the Once the filing is submitted, i.e., the a subsequent final rule based on this document(s) to be converted, and then ‘‘ok’’ button is clicked, an RTF file will proposed rule. The EPA will not to click the ‘‘convert files now’’ button. be produced. The RTF is a formatted institute a second comment period. Any text file generated from the PDF parties interested in commenting on this [button for] Convert files now submitted, i.e., only the text visible in action should do so at this time. After conversion, the account holder the PDF is included and it is free of DATES: Written comments must be may review the PDF(s) produced. A list excess hard returns. Participants may received on or before July 20, 2001.
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ADDRESSES: Written comments should Region 9, 75 Hawthorne Street, San the authority of HSWA take effect in be addressed to: Roylene A. Francisco, CA 94105–3901, Phone authorized states before such states are Cunningham, EPA Region 10, Office of number (415) 744–2152. You can view authorized for the requirements. Thus, Air Quality (OAQ–107), 1200 Sixth and copy California’s application at the EPA will implement those requirements Avenue, Seattle, Washington 98101. following addresses: California and prohibitions in California, Copies of the State submittal and other Environmental Protection Agency, including issuing permits, until the information supporting this action are Environmental Services Center, 1001 I State is granted authorization to do so. available at the following addresses for Street, First Floor, Sacramento, CA C. What Will Be the Effect if California inspection during normal business 95814, phone number: (916) 322–7394, Is Authorized for These Changes? hours. The interested persons wanting from 8 a.m. to noon and 1 p.m. to 4 to examine these documents should p.m., Monday through Friday If California is authorized for these make an appointment with the (appointment preferred but not changes, a facility in California subject appropriate office at least 24 hours required); and EPA Region 9, Library, 75 to RCRA will have to comply with the before the visiting day: EPA Region 10, Hawthorne Street, San Francisco, CA authorized State requirements in lieu of Office of Air Quality (OAQ–107), 1200 94105–3901, phone number: (415) 744– the corresponding Federal requirements Sixth Avenue, Seattle, Washington 1510, from 9 a.m. to 4 p.m. Copy in order to comply with RCRA. 98101; and Alaska Department of services are not available in Sacramento, Additionally, such persons will have to Environmental Conservation, 410 but should be arranged by the viewer. comply with any applicable Federally- Willoughby Avenue, Suite 105, Juneau, FOR FURTHER INFORMATION CONTACT: issued requirements, such as, for Alaska 99801–1795. Rebecca Smith at the above address and example, HSWA regulations issued by FOR FURTHER INFORMATION CONTACT: phone number. EPA for which the State has not Roylene A. Cunningham, EPA Region received authorization, and RCRA SUPPLEMENTARY INFORMATION: 10, Office of Air Quality (OAQ–107), requirements that are not supplanted by 1200 Sixth Avenue, Seattle, Washington A. Why Are Revisions to State authorized state-issued requirements. 98101, (206) 553–0513. Programs Necessary? California continues to have SUPPLEMENTARY INFORMATION: For States which have received final enforcement responsibilities under its additional information, see the Direct authorization from EPA under RCRA State law to pursue violations of its Final rule which is located in the Rules section 3006(b), 42 U.S.C. 6926(b), must hazardous waste management program. Section of this Federal Register. maintain a hazardous waste program EPA continues to have independent Dated: May 30, 2001. that is equivalent to, consistent with, authority under RCRA sections 3007, 3008, 3013, and 7003, which include, Michael A. Bussell, and no less stringent than the Federal program. As the Federal program among others, the authority to: Acting Regional Administrator, Region 10. • changes, states must change their Do inspections, and require [FR Doc. 01–15417 Filed 6–19–01; 8:45 am] monitoring, tests, analyses or reports, BILLING CODE 6560–50–P programs and ask EPA to authorize the changes. Changes to state programs may • Enforce RCRA requirements be necessary when Federal or state (including State-issued statutes and ENVIRONMENTAL PROTECTION statutory or regulatory authority is regulations that are authorized by EPA AGENCY modified or when certain other changes and any applicable Federally-issued occur. Most commonly, states must statutes and regulations) and suspend or 40 CFR Part 271 change their programs because of revoke permits, and • Take enforcement actions regardless [FRL–7000–2] changes to EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, of whether the State has taken its own California: Proposed Authorization of 260 through 266, 268, 270, 273 and 279. actions. The action to approve these revisions State Hazardous Waste Management B. What Decisions Have We Made in Program Revision would not impose additional This Rule? requirements on the regulated AGENCY: Environmental Protection EPA has made the tentative community because the regulations for Agency (EPA). determination that California’s which California will be authorized are ACTION: Proposed rule. application to revise its authorized already effective under State law and program meets all of the statutory and are not changed by the act of SUMMARY: California has applied to EPA regulatory requirements established by authorization. for final authorization of certain changes RCRA. Therefore, we are proposing to EPA cannot delegate the Federal to its hazardous waste program under grant California final authorization to requirements at 40 CFR Part 262, the Resource Conservation and operate its hazardous waste program Subparts E and H. Although California Recovery Act (RCRA). EPA has with the changes described in the has adopted these requirements reviewed California’s application and authorization application. California verbatim from the Federal regulations in made the tentative decision that these will have responsibility for permitting Title 22 of the California Code of changes satisfy all requirements needed Treatment, Storage, and Disposal Regulations, sections 66260–66262, EPA to qualify for final authorization, and is Facilities (TSDFs) within its borders will continue to implement those proposing to authorize the State’s (except in Indian Country) and for requirements. changes. carrying out the aspects of the RCRA D. What Happens If EPA Receives DATES: EPA must receive written program described in its revised Comments That Oppose This Action? comments on California’s application program application, subject to the for authorization for changes to its limitations of the Hazardous and Solid If EPA receives comments that oppose hazardous waste management program Waste Amendments of 1984 (HSWA). this authorization, we will address those by July 20, 2001. New Federal requirements and comments in a later final rule. You may ADDRESSES: Send written comments to prohibitions imposed by Federal not have another opportunity to Rebecca Smith, WST–3, U.S. EPA regulations that EPA promulgates under comment. If you want to comment on
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this authorization, you must do so at in its submittals, of the specific subjects 3. Changes California Identified as this time. of changes to the Federal program for Relating to Corrective Action Management F. What Has California Previously Been that category. Although the changes to Authorized for? the Federal program are identified in the We are proposing to grant California summary, California did not necessarily final authorization for all revisions, if California initially received final make revisions to its program as a result any, to its program due to certain authorization on July 23, 1992, effective of each Federal revision noted. For changes to the Federal program in the August 1, 1992 (57 FR 32726), to example, certain revisions to the Federal following areas: Corrective action implement the RCRA hazardous waste program may have resulted in less management units and temporary units. management program. This ‘‘base If these changes are authorized, they program authorization’’ authorized stringent regulation than that which previously existed. Since states may will include final authorization of California’s RCRA program based on California for the February 16, 1993 California statutory and regulatory maintain programs which are more stringent than the Federal program, Corrective Action Management Unit provisions in effect as of December of (CAMU) rule. If California is authorized 1990. states have the option whether or not to adopt such revisions. for the rule, the State will be eligible for G. What Changes Are We Proposing? interim authorization-by-rule for the On January 31, 2000, California 1. Changes California Identified as proposed amendments to the CAMU submitted a final complete program Relating to Air Emissions Standards rule, which also proposed the interim authorization-by-rule process (see revision application, seeking We are proposing to grant California authorization of their changes in August 22, 2000, 65 FR 51080, 51115). final authorization for all revisions, if accordance with 40 CFR 271.21. We California will also become eligible for any, to its program due to certain have made a tentative determination conditional authorization if that that California’s hazardous waste changes to the Federal program in the alternative is chosen by EPA in the final program revisions satisfy all of the following areas: Organic air emission CAMU amendments rule. requirements necessary to qualify for standards for process vents and 4. Changes California Identified as final authorization. California has equipment leaks; and organic air Relating to Boilers and Industrial applied for many of the Federal changes emissions standards for tanks, surface Furnaces impoundments and containers. to the RCRA program since it was We are proposing to grant California authorized for the base program. The 2. Changes California Identified as final authorization for all revisions, if earliest of these Federal changes goes Relating to the Toxicity Characteristic any, to its program due to certain back to 1989. However, there are several changes to the Federal program in the changes to the Federal program which We are proposing to grant California following areas: Burning of hazardous have been made since California’s base final authorization for all revisions, if waste in boilers and industrial furnaces; program was authorized for which any, to its program due to certain an administrative stay for coke ovens; California has not yet applied for changes to the Federal program in the the recycled coke by-products authorization. The major areas of following areas: Interim status standards exclusion; certain coke by-products changes for which California has not yet for down-gradient ground-water listings; guidelines for air quality applied for authorization are: The used monitoring well locations; hydrocarbon modeling and screening for boilers and oil regulations; consolidated liability recovery operations; chlorofluorocarbon industrial furnaces burning hazardous requirements; military munitions; refrigerants; the mining waste exclusion; waste; the adoption of an administrative phases three and four of the land the recycled coke by-product exclusion; stay and interim standards for Bevill disposal restrictions; and universal residues; and certain technical waste. the toxicity characteristic leaching procedure; the mixture and derived- amendments to record keeping Since authorization of California’s instructions. base program in 1992, California has from rules; the removal of strontium submitted numerous packages to EPA sulfide from the list of hazardous 5. Changes California Identified as relating to its efforts to seek wastes; the adoption of an Relating to Wood and Sludge authorization for updates to its program administrative stay for K069 listing We are proposing to grant California based on revisions to the Federal (emission control dust/sludge from final authorization for all revisions, if program. EPA has published a series of secondary lead smelting); the adoption any, to its program due to certain checklists to aid California and the other of certain technical corrections to the changes to the Federal program in the states in such efforts, (see EPA’s RCRA 1990 toxicity characteristic rule; the following areas: Wood preserving State Authorization web page at http:// listing of chlorinated toluene listings; and petroleum refinery primary www.epa.gov/epaoswer/hazwaste/state/ production waste (K149, K150, K151); and secondary oil/water/solids rcra.htm#csrc). Each checklist generally the standards for treating liquids in separation sludge listings. reflects changes made to the Federal landfills; the references which specify We also propose to find that regulations pursuant to a particular testing requirements and monitoring California did not need to adopt a Federal Register notice. California’s activities; the listing of hazardous Federal administrative stay for the submittals have been grouped into constituents from the use of requirement that existing drip pads be general categories (e.g., Air Emissions chlorophenolic formulations in wood impermeable because the stay expired Standards, Boilers and Industrial surface protection; the reference relating on October 30, 1992. Furnaces, etc.). Each submittal may to wood surface protection; the listing of have reflected changes based on one or 6. Changes California Identified as beryllium powder (P015); and more Federal Register notices and Relating to Liners and Leak Detection provisions to be met for excluding as a would have thus referenced one or more We are proposing to grant California corresponding checklists. hazardous waste certain wastewaters final authorization for all revisions, if What follows is a summary, for each from the production of carbamates and any, to its program due to certain general category identified by California carbamoyl oximes (K157). changes to the Federal program in the
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following area: Liners and leak following area: Expanded public any, to its program due to certain detection systems for hazardous waste participation. changes to the Federal program in the land disposal units. 11. Changes California Identified as following area: The identification of the 7. Changes California Identified as Relating to Used Oil Filters U.S. EPA office to which the Relating to Recyclable Materials Used in notification of export activities and We are proposing to grant California a Manner Constituting Disposal annual export reports must be sent. final authorization for all revisions, if California has also adopted the Federal We are proposing to grant California any, to its program due to certain regulations implementing a graduated final authorization for all revisions, if changes to the Federal program in the system of procedural and substantive any, to its program due to certain following area: The used oil filter controls for hazardous wastes as they changes to the Federal program in the exclusion. following area: The removal of the move across national borders within the conditional exemption for certain slag 12. Changes California Identified as Organization for Economic Cooperation residues. Relating to Land Disposal Restrictions and Development (OECD) for recovery. (LDR) The requirements for regulating exports, 8. Changes California Identified as Subparts E and H of 40 CFR Part 262, We are proposing to grant California Relating to Recovered Oil will be administered by the U.S. EPA final authorization for all revisions, if We are proposing to grant California instead of California because the any, to its program due to certain final authorization for all revisions, if exercise of foreign relations and changes to the Federal program in the any, to its program due to certain following areas: LDR third third international commerce powers is changes to the Federal program in the scheduled wastes; electric arc furnace delegated to the Federal government following area: The recovered oil dust (K061); LDRs for newly listed under the Constitution. California has exclusion. wastes and hazardous debris; LDRs for adopted these export rules into Title 22 9. Changes California Identified as ignitable and corrosive characteristic California Code of Regulations for the Relating to Delay of Closure wastes whose treatment standards were convenience of the regulated community. We are proposing to grant California vacated; case-by-case capacity variances final authorization for all revisions, if for hazardous debris; case-by-case 14. Miscellaneous Changes any, to its program due to certain capacity variances for lead-bearing changes to the Federal program in the hazardous materials; case-by-case We are proposing to grant California following area: The delay of closure capacity variances for hazardous soil; final authorization for all revisions, if period for hazardous waste management and universal treatment standards and any, to its program due to certain facilities. treatment standards for organic changes to the Federal program which characteristic wastes and newly listed removed certain legally obsolete rules. 10. Changes California Identified as wastes. Relating to Public Participation The following table shows the Federal 13. Changes California Identified as and analogous State provisions involved We are proposing to grant California Relating to Exports final authorization for all revisions, if in this tentative decision and the any, to its program due to certain We are proposing to grant California relevant corresponding checklists: changes to the Federal program in the final authorization for all revisions, if BILLING CODE 6560–50–P
Description of Federal requirement (checklist #) Federal Register date and page Analogous State authority
40 Code of Federal Regulations (40 CFR) 60, (154) 59 FR 62896, Dec. 6, 1994 [amended (154) Title 22, California Code of Regulations Appendix A, Air Emission Standards (AirES), by 60 FR 26828, May 19, 1995; 60 FR (22 CCR) 66260.11, amended June 11, checklist 154. 50426, Sept. 29, 1995; 60 FR 56952, Nov. 1999. 13, 1995; 61 FR 4903, Feb. 9, 1996; 61 FR 28508, June 5, 1996; and 61 FR 59932, Nov. 25, 1996]. 40 CFR 124.31–124.33 Public Participation (148) 60 FR 63417, Dec. 11, 1995 ...... (148) 22 CCR 66260.10, 66271.31–66271.33, (Public), checklist 148. amended June 18, 1997. 40 CFR 260.10 Wood and Sludge (Wood), (82) 55 FR 50490, Dec. 6, 1990; (85) 56 FR (99) 22 CCR 66260.10, adopted 1991; (82) checklist 82; Boilers and Industrial Furnaces 7134, Feb. 21, 1991; (99) 56 FR 66365, 22 CCR 66260.10, amended, 1994; (121) (BIF), checklists 85, 111; Toxicity characteris- Dec. 23, 1991; (100) 57 FR 3462, Jan. 29, 22 CCR 66260.10, amended 1996; (100) tics (TC), checklists 99, 118; Liners and Leak 1992; (109) 57 FR 37194, Aug. 18, 1992; 22 CCR 66260.10, amended July 1, 1996; Detection (Liners), checklist 100; Land Dis- (111) 57 FR 38558, Aug. 25, 1992; (118) (85, 111) 22 CCR 66260.10, amended Feb. posal Restrictions (LDR), checklist 109; Cor- 57 FR 54452, Nov. 18, 1992; (121) 58 FR 11, 1997; (109) 22 CCR 66260.10, amend- rective Action Management Units (CAMU), 8658, Feb. 16, 1993. ed Aug. 15, 1997; (118) 22 CCR 66260.10, checklist 121. amended Nov. 12, 1998. 40 CFR 260.11 AirES, checklists 79, 154; BIF, (79) 55 FR 25454, June 21, 1990; (125) 58 (79) 22 CCR 66260.11, amended 1993; (85, checklists 85, 125; TC, checklists 126, 128, FR 38816, July 20, 1993; (126) 58 FR 125) 22 CCR 66260.11, amended July 1, 132, 139, 141, 158. 46040, Aug. 31, 1993; (128) 59 FR 458, 1996; (154, 126, 128, 132, 139, 141, 158) Jan. 4, 1994; (132) 59 FR 28484, June 2, 22 CCR 66260.11, amended June 11, 1994; (139) 60 FR 3089, Jan. 13, 1995; 1999. (141) 60 FR 17001, Apr. 4, 1995; (158) 62 FR 32452, June 13, 1997. 40 CFR 260.20; BIF, checklist 111 ...... (111) California did not adopt this provision. 40 CFR 260.22; TC, checklist 126 ...... (126) California did not adopt this provision for delisting hazardous waste.
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Description of Federal requirement (checklist #) Federal Register date and page Analogous State authority
40 CFR 260.30–260.33; LDR, checklist 137 ..... (137) 59 FR 47982, Sept. 19, 1994 ...... (137) California Health and Safety Code (HSC) Division 20, 25143(c), amended 1996. California is not seeking to have these provisions delegated. 40 CFR 261.2; BIF, checklists 85, 94, 96, 111; (94) 56 FR 32688, July 17, 1991; (96) 56 FR (85, 94, 96, 111) HSC Division 20, 25143.2, LDR, checklist 137. 42504, Aug. 27, 1991. amended 1988; 22 CCR 66261.2, adopted July 1, 1996; (137) HSC Division 20, 25143.2, amended 1996. 40 CFR 261.3; BIF, checklist 94, 96; TC, (83) 56 FR 3864, Jan. 31, 1991; (95) 56 FR (117) HSC Division 20, 25143.2, amended checklists 117, 140; LDR, checklists 83, 95, 41164, Aug. 19, 1991; (117) 57 FR 7628, 1994; (135) HSC Division 20, 25144, 109; Recovered Oil Exclusion, checklist 135. March 3, 1992 and 57 FR 23062, June 1, amended 1995; (135) HSC Division 20, 1992; (135) 59 FR 38536, July 28, 1994; 25143.2, amended 1996; (94, 96) 22 CCR (140) 60 FR 7824, Feb. 9, 1995 [amended 66261.3, amended Jan. 31, 1997; HSC, Di- at 60 FR 19165, Apr. 17, 1995; 60 FR vision 20, 25143.2, amended 1988; (83, 95, 25619, May 12, 1995]. 109) 22 CCR 66261.3, amended Aug. 15, 1997; (117, 140) 22 CCR 66261.3, amend- ed Nov. 12, 1998. 40 CFR 261.4; TC, checklists 80, 84, 90, 105, (80) 55 FR 40834, Oct. 5, 1990; (84) 56 FR (82, 92, 95, 104, 105, 107, 108, 110) Cali- 108; Wood, checklists 82, 92; BIF, checklists 5910, Feb. 13, 1991; (90) 56 FR 66365, fornia did not adopt these exclusions; (85, 85, 105, 110; LDR, checklist 95; Used Oil Fil- Dec. 23, 1991; (92) 56 FR 30192, July 1, 90) HSC Division 20, 25143.1, amended ters, checklists 104, 107; Recovered Oil Ex- 1991; (104) 57 FR 21524, May 20, 1992; 1991; (80, 84, 105) 22 CCR 66261.24, clusion, checklist 135. (105) 57 FR 27880, June 22, 1992; (107) amended 1994; (135) HSC Division 20, 57 FR 29220, July 1, 1992; (108) 57 FR 25144, amended 1995; 25143.2, amended 30657, July 10, 1992; (110) 57 FR 37284, 1996 Aug. 18, 1992. 40 CFR 261.6; AirES, checklists 79, 154; BIF, ...... (85) HSC Division 20, 21543.2, amended checklists 85, 94; Recovered Oil Exclusion, 1988; (79) 22 CCR 66266.12, adopted checklist 135. 1993; (135) HSC Division 20, 25144, amended 1995; (135) HSC Division 20, 25143.2, amended 1996; (94) 22 CCR 66261.6, amended June 12, 1997; (154) 22 CCR 66261.6, amended June 11, 1999 40 CFR 261.20; LDR, checklist 83 ...... (83) 22 CCR 66261.20, adopted July 1, 1991 40 CFR 261.22 and 261.24; TC, checklist 126 ...... (126) 22 CCR 66261.22 and 66261.24, amended Nov. 12, 1998 40 CFR 261.31; LDR, checklist 83; Wood, (81) 55 FR 46354, Nov. 2, 1990, amended at (81, 82, 83, 89, 120) 22 CCR 66261.31, checklists 81, 82, 89, 120; Removal of Le- 55 FR 51707, Dec. 17, 1990; (89) 56 FR amended Oct. 10, 1994 (144) California did gally obsolete rules, checklist 144. 21955, May 13, 1991; (120) 57 FR 61492, not adopt these rules and does not need to Dec. 24, 1992 (144) 60 FR 33912, June 29, repeal them. 1995. 40 CFR 261.32, 261.33; TC, checklists 86, 88, (86) 56 FR 7567, Feb. 25, 1991; (88) 56 FR (110) 22 CCR 66261.32, amended July 31, 115, 134, 140; BIF, checklist 110. 19951, May 1, 1991; (115) 57 FR 47376, 1996; (86, 88, 115, 134, 140) 22 CCR Oct. 15, 1992; (134) 59 FR 31551, June 20, 66261.32, 66261.33, amended Nov. 12, 1994. 1998. 40 CFR 261.35; Wood, checklists 82, 92 ...... (82, 92) 22 CCR 66261.35, adopted 1994. 40 CFR 261, Appendices II, III, VII, VIII, X; (119) 57 FR 55114, Nov. 24, 1992 ...... (81, 82) 22 CCR, Division 4.5, Chapter 11, Wood, checklists 81, 82; TC, checklists 86, Appendices III, VII, VIII, amended 1994; 115, 119, 126, 128, 134, 140; BIF, checklist (110) 22 CCR, Division 4.5, Chapter 11, 110. Appendix VII, amended July 31, 1996; (86, 115, 126, 128, 134, 140) 22 CCR, Division 4.5, Chapter II, Appendices II, III, VII, VIII, X, amended Nov. 12, 1998 (119) California did not adopt this regulation. 40 CFR 262.11; LDR, checklist 83 ...... (83) 22 CCR 66262.11, adopted July 1, 1991. 40 CFR 262.34; Wood, checklists 82, 92; LDR, ...... (82, 92) 22 CCR 66262.34, adopted 1994; checklists 83, 109; AirES, checklist 154. (83, 109) 22 CCR 66262.34, amended Oct. 28, 1997; (154) 22 CCR 66262.34, amend- ed June 11, 1999 40 CFR 262.53(b) and 262.56(b); Exports, (97) 56 FR 43704, Sept. 4, 1991 ...... (97) 22 CCR 66262.53(c) and 66262.56(b), checklist 97. amended 1993 40 CFR 264.1, 265.1; BIF, checklist 111; (124) 58 FR 29860, May 24, 1993 ...... (121) 22 CCR 66265.1, amended 1996; (124) CAMU, checklist 121; LDR, checklists 124, HSC Division 20, 25179.2, amended 1996; 137. (111, 124) 22 CCR 66264.1, 66265.1, amended June 12, 1997; 66270.69, amend- ed July 31, 1996; (137) California did not adopt these exemptions. 40 CFR 264.3; CAMU, checklist 121 ...... (121) 22 CCR 66264.3, amended 1996
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Description of Federal requirement (checklist #) Federal Register date and page Analogous State authority
40 CFR 264.13, 265.13; Delay of Closure (Clo- (64) 54 FR 33376, Aug. 14, 1989; (87) 56 FR (79, 87) 22 CCR 66264.13, 66265.13, amend- sure), checklist 64; AirES, checklists 79, 87, 19290, Apr. 26, 1991; (102) 57 FR 8086, ed 1993; (64, 102) 22 CCR 66264.13, 154; LDR, checklist 102; TC, checklist 118. Mar. 6, 1992. amended Oct. 22, 1996; 66265.13, amend- ed, July 20, 1996; (118) 22 CCR 66264.13, 66265.13, amended Nov. 12, 1998; (154) 22 CCR 66264.13, 66265.13, amended June 11, 1999 40 CFR 264.15, 265.15; AirES, checklists 79, (163) 62 FR 64636, Dec. 8, 1997 ...... (79) 22 CCR 66264.15, 66265.15, amended 154, 163; Liners, checklist 100. 1993; (100) 22 CCR 66264.15, 66265.15, amended July 19, 1995; (154, 163) 22 CCR 66264.15, 66265.15, amended June 11, 1999 40 CFR 264.19, 265.19; Liners, checklist 100 ...... (100) 22 CCR 66264.19, 66265.19, amended June 30, 1997 40 CFR 264.73, 264.77, 265.73, and 265.77; ...... (79, 87) 22 CCR 66264.73, 66264.77, AirES, checklists 79, 87, 154, 163; Liners, 66265.73, and 66265.77, amended 1993; checklist 100. (100) 22 CCR 66264.73, amended Jan. 31, 1996; 66256.73, amended June 30, 1997; (154, 163) 22 CCR 66264.73, 66264.77, 66265.73, and 66265.77, amended June 11, 1999 40 CFR 264.101; CAMU, checklist 121 ...... (121) 22 CCR 66264.101, amended 1996 40 CFR 264.110–264.111; 265.110–265.111; ...... (109) 22 CCR 66264.110–66264.111, LDR, checklist 109. 66265.110–66265.111, amended Aug. 15, 1997 40 CFR 264.112, 264.113; 265.112, 265.113; ...... (64) 22 CCR 66264.112, 66264.113, Closure, checklist 64, BIF, checklists 85, 96; 66265.112, 66265.113, amended Oct. 22, LDR, checklist 109. 1996; (85, 96) 22 CCR 66264.112, 66265.113, amended Dec. 23, 1996; 66265.112, amended Jan. 7, 1997; (109) 22 CCR 66264.112, 66265.112, amended Aug. 15, 1997. 40 CFR 264.140, 264.142, 265.140, 265.142; ...... (64) 22 CCR 66264.142, 66265.142, amend- Closure, checklist 64; LDR, checklist 109. ed July 20, 1996; 66265.113, amended Oct. 22, 1996; (109) 22 CCR 66264.140, 66264.142, 66265.140, 66265.142, amend- ed Aug. 15, 1997. 40 CFR 264.179, 265.178; AirES, checklist 154 ...... (154) 22 CCR 66264.179, adopted June 11, 1999; 66265.178, amended June 11, 1999. 40 CFR 264.190, 265.190; Wood, checklist 82; ...... (82) 22 CCR 66264.190, 66265.190, adopted TC, checklist 126. 1994; (126) 22 CCR 66264.190, 66265.190, amended Nov. 12, 1998. 40 CFR 264.200, 265.202; AirES, checklist 154 ...... (154) 22 CCR 66264.200, 66265.202, adopt- ed June 11, 1999. 40 CFR 264.221–264.223, 264.226, 264.228, ...... (100) 22 CCR 66264.221, 66265.221, amend- 265.221–365.223, 265.226, 265.228; Liners, ed Oct. 21, 1997; 66264.222, 66265.222, checklist 100; LDR, checklist 109. 66265.228, amended June 30, 1997; 66264.223, adopted July 19, 1995; 66264.228, 66265.223, amended July 19, 1995; (109) 22 CCR 66265.221, amended Aug. 15, 1997. 40 CFR 264.232, 265.231; AirES, checklist 154 ...... (154) 22 CCR 66264.232, 66265.231, adopt- ed June 11, 1999. 40 CFR 264.251–264.254, 265.254, 265.255, ...... (100) 66264.251, amended Oct. 21, 1997; 265.259, 265.260; Liners, checklist 100. 66264.252, 66264.253, 66265.254, 66265.255, amended June 30, 1997; 66264.254, amended July 19, 1995, 66265.259, 66265.260, adopted July 19, 1995. 40 CFR 264.301–264.304, 264.310, 265.301– ...... (108) 22 CCR 66265.301, amended Aug. 15, 265.304, 265.310; Liners, checklist 100; TC, 1997; (100) 22 CCR 66264.301, 66265.301, checklist 108. amended Oct. 21, 1997; 66264.302, 66265.302, amended Jun. 30, 1997, 66264.303, 66264.310, amended July 19, 1995; 66264.304, 66265.303–66265.304, adopted July 19, 1995; 66265.310, amend- ed Aug. 15, 1997. 40 CFR 264.314, 264.316, 265.314, 265.316; (145) 60 FR 35703, July 11, 1995 ...... (126) 22 CCR 66264.314, adopted July 1, TC, checklists 118, 126, 145. 1991; (118) 22 CCR 66264.316, 66265.316, amended Nov. 12, 1998; (118, 145) 22 CCR 66264.314, 66265.314, amended Apr. 16, 1999; (126) 22 CCR 66265.314, amended Apr. 16, 1999
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Description of Federal requirement (checklist #) Federal Register date and page Analogous State authority
40 CFR 264.340, 265.340; BIF, checklist 85 ...... (85) 22 CCR 66264.340, 66265.340, amend- ed July 1, 1996 40 CFR 264.552, 264.553; CAMU, checklist ...... (121) 22 CCR 66264.552, 66264.553, amend- 121. ed 1996 40 CFR 264.570–264.575, 265.440–265.445; ...... (82, 92, 120) 22 CCR 66264.570–66264.575, Wood, checklists 82, 92, 120. 66265.440–66265.445, adopted 1994 40 CFR 264.601; AirES, checklist 154 ...... (154) 22 CCR 66264.601, adopted June 11, 1999 40 CFR 264.1030–264.1036, 40 CFR ...... (79, 87) 22 CCR 66260.10, amended 1994; 265.1030–265.1035; AirES, checklists 79, 87, 66264.1030, 66264.1032–66264.1036, 154, 163; TC, checklist 158. 66265.1030, 66265.1032–66265.1035, adopted 1993; (158) 22 CCR 66264.1034, 66265.1034, amended Nov. 12, 1998; (154, 163) 22 CCR 66260.10, amended Sept. 3, 1999; 66264.1030, 66264.1033, 66264.1034, 66264.1035, 66265.1030, 66265.1033, 66265.1034, 66265.1035, amended June 11, 1999 40 CFR 264.1050–264.1065, 265.1050– ...... (79, 87) 22 CCR 66260.10, amended 1994; 265.1064; AirES, checklists 79, 87, 154, 163; 66264.1050, 66264.1052–66264.1065, TC, checklist 158. 66265.1050, 66265.1052–66265.1064, amended 1993; (158) 22 CCR 66264.1063, 66265.1063, amended 1993; (154, 163) 22 CCR 66260.10, amended Sept. 3, 1999; 66264.1050, 66264.1055, 66264.1058, 66264.1060, 66264.1062, 66264.1064, 66265.1050, 66265.1055, 66265.1058. 66265.1060, 66265.1062, 66265.1064, amended June 11, 1999 40 CFR 264.1080–264.1090, 264.1091, ...... (154, 163) 22 CCR 66260.10, amended Sept 265.1080–265.1090, 265.1091; AirES, check- 3, 1999; 66264.1080, 66264.1082– lists 154, 163. 66264.1090, 66265.1080, 66265.1082– 66265.1090, adopted June 11, 1999. 40 CFR 264.1100–264.1102, 265.1100– ...... (109) 22 CCR 66264.1100–66264.1102, 265.1102; LDR, checklist 109. 66265.1100–66265.1102, amended Aug. 15, 1997. 40 CFR 264, Appendices I, IX; BIF, checklist (31) 59 FR FR 13891, Mar. 14, 1994 ...... (131) 22 CCR 66264.801, Appendix I, amend- 131; TC, checklist 158. ed June 12, 1997; (158) 22 CCR, division 4.5, Chapter 14, Appendix IX, amended Nov. 12, 1998. 40 CFR 265.91; TC, checklist 99 ...... (99) 22 CCR 66265.97–66265.99, adopted 1991. 40 CFR 265.370; BIF, checklist 94 ...... (94) 22 CCR 66265.370, amended July 1, 1996. 40 CFR 265, Appendices I, VI; BIF, checklist ...... (131) 22 CCR 66265.714, Appendix I, amend- 131; AirES, checklists 154, 163. ed June 12, 1997; (154, 163) 22 CCR, Divi- sion 4.5, Chapter 15, Appendix I, adopted June 11, 1999. 40 CFR 266.20; Removal of the Conditional Ex- (136) 59 FR 43496, Aug. 24, 19994 (136) (136) HSC Division 20, 25143.2, amended emption for Certain Slag Residues, Checklist HSC Division 20, 25143.2, amended 1991.. 1991. 136. 40 CFR 266.23; LDR, checklist 137 ...... (137) HSC Division 20, 25143.2 amended 1996. California did not adopt the exemp- tion. 40 CFR 266.30–266.35, 266.40 (remove and ...... (85, 94) California did not adopt this regula- reserve); BIF, checklists 85, 94. tion and, thus, did not need to remove it. 40 CFR 266.100; TC, checklists 105, 137; Re- ...... (105) 22 CCR 66261.24, amended 1994; covered Oil Exclusion, checklist 135; BIF, (135) HSC Division 20, 25143.2, amended checklist 105. 1996; HSC Division 20, 25144, amended 1995; 22 CCR 66266.100, adopted July 31, 1996; (137) 22 CCR 66266.100, amended June 12, 1997. 40 CFR 266.100–266.112; BIF, checklists 85, (98) 56 FR 43874, Sept. 5, 1991; (114) 57 FR (85, 94, 96, 98, 111, 114, 125, 127) 22 CCR 94, 96, 98, 111, 114, 125, 127. 44999, Sept. 30, 1992; (127) 58 FR 59598, 66266.100–66266.112, amended June 12, Nov. 9, 1993. 1997. 40 CFR 266.103, 266.104; Removal of Legally ...... (144) California did not adopt these rules and Obsolete Rules, checklist 144. does not need to repeal them. 40 CFR 266.104, 266.106, 266.107; TC, check- ...... (158) 22 CCR 66266.104, 66266.106, list 158. 66266.107, amended Nov. 12, 1998.
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Description of Federal requirement (checklist #) Federal Register date and page Analogous State authority
40 CFR 266, Appendices I–XIII; BIF, checklists ...... (137) Appendix XIII, adopted July 31, 1996; 85, 94, 96, 111, 114, 125, 127; LDR, check- (85, 94, 96, 111, 114, 125, 127) Appen- list 137; TC, checklist 158. dices I–XII, amended June 12, 1997; (158) 22 CCR, Division 4.5, Chapter 16, Appen- dix IX, amended Nov. 12, 1998. 40 CFR 268.1; LDR, checklist 124, 137 ...... (124, 137) 22 CCR 66268.1, amended Aug. 15, 1997; (137) California did not adopt one of the exemptions. 40 CFR 268.2; LDR, checklists 83, 109, 124, ...... (121) 22 CCR 66260.10, amended 1996; (83, 137; CAMU, checklist 121. 109, 124, 137) 22 CCR 66260.10, amended Aug. 15, 1997. 40 CFR 268.3; LDR, checklist 102 ...... (102) California did not adopt this exemption. 40 CFR 268.5; LDR, checklist 109 ...... (109) 22 CCR 66268.5, amended Aug. 1997 (California is not seeking to have these ex- tensions delegated.) 40 CFR 268.7; TC, checklist 126; LDR, check- ...... (83, 109, 124, 126, 137) 22 CCR 66268.7, lists 83, 109, 124, 137. amended, Oct. 28, 1997. 40 CFR 268.9; LDR, checklists 83, 109, 124, ...... (83, 109, 124, 137) 22 CCR 66268.9, amend- 137. ed Aug. 15, 1997. 40 CFR 268.14; LDR, checklist 109 ...... (109) California did not adopt these exemp- tions. 40 CFR 268.33; LDR, checklist 83 ...... (83) 22 CCR 66268.33, amended Aug. 15, 1997. 40 CFR 268.35; LDR, checklists 103, 106, 116, (103) 57 FR 20766, May 15, 1992; (106) 57 (103, 106, 116, 123) 22 CCR 66268.33, 123. FR 28628, June 26, 1992; (116) 57 FR 66268.35, amended Aug. 15, 1997. 47772, Oct. 20, 1992; (123) 58 FR 28506, May 14, 1993. 40 CFR 268.36; LDR, checklist 109 ...... (109) 22 CCR 66268.36, amended Aug. 15, 1997. 40 CFR 268.37; LDR, checklist 124 ...... (124) HSC Division 20, 25179, amended 1997; 22 CCR 66268.37, amended Aug. 15. 1997. 40 CFR 268.38; LDR, checklist 137 ...... (137) 22 CCR 66268.38, amended Aug. 15, 1997. 40 CFR 268.40–268.43, 268.45, 268.46; LDR, ...... (136) HSC Division 20, 25143.2, amended checklists 83, 95, 102, 109, 124, 137; TC, 1991; (134) 22 CCR 66268.42, amended checklist 126, 134; Removal of the Condi- Oct. 16, 1995; (83) 22 CCR 66268.42(c), tional Exemption for Certain Slag Residues, amended January 31, 1996; (83, 102, 124) checklist 136. 22 CCR 66268.40, amended Aug. 15, 1997; 66268.42, amended Oct. 15, 1997; (95, 137) 22 CCR 66268.40, 66268.41, 66268.42, amended Aug. 15, 1997; (109) 22 CCR 66268.40, 66268.41, 66268.45, amended Aug. 15, 1997; 66268.42, 66268.43, 66268.46, amended Jan. 31, 1996; (137) 22 CCR 66268.43, amended Aug. 15, 1997; 22 CCR 66268.45, 66268.46, amended Jan. 31, 1996; (126) 22 CCR 66268.40, amended Nov. 12, 1998; 22 CCR 66268.41, amended Aug. 15, 1997. 40 CFR 268.48; LDR, checklist 137 ...... (137) 22 CCR 66268.48, amended Jan. 31, 1996. 40 CFR 268.50; LDR, checklist 109 ...... (109) 22 CCR 66268.50, amended Apr. 3, 1996. 40 CFR 268, Appendices I, II, IV, V, VII, VIII, IX ...... (83, 109, 137) 22 CCR Division 4.5, Chapter LDR, checklists 83, 109, 137; TC, checklist 18, Appendix II, IV, V, VII, VIII, IX, adopted 126. Jan. 31, 1996; (126) 22 CCR Division 4.5, Chapter 18, Appendix I, IX, amended Oct. 28, 1997. 40 CFR 270.2; CAMU, checklist 121; Removal ...... (121) 22 CCR 66260.10, amended 1996; of Legally Obsolete Rules, checklist 144; (144) California did not adopt these rules Public, checklist 148. and does not need to repeal them. (148) 22 CCR 66260.10, amended June 18, 1997. 40 CFR 270.4; Liners, checklist 100 AirES, ...... (100) 22 CCR 270.4, adopted July 19, 1995; checklist 154. (154) California did not adopt this regula- tion. 40 CFR 270.6; TC, checklist 126 ...... (126) 22 CCR 66260.11, amended June 11, 1999. 40 CFR 270.10; Removal of Legally Obsolete ...... (144) California did not adopt these rules and Rules, checklist 144. does not need to repeal them. 40 CFR 270.13; LDR, checklist 109 ...... (109) 22 CCR 66270.13, amended Jan. 31, 1996.
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Description of Federal requirement (checklist #) Federal Register date and page Analogous State authority
40 CFR 270.14; AirES, checklist 79; LDR, ...... (79) 22 CCR 66270.14, amended 1993; (148) checklist 109; Public, checklist 148. 22 CCR 66270.14, amended Dec. 19, 1996; (109) 22 CCR 66270.14, amended Aug. 15, 1997. 40 CFR 270.14–270.17, AirES, checklists 87, ...... (87) 22 CCR 66270.14, amended 1993; (100) 154, 163; Liners, checklist 100. 22 CCR 66270.17, amended July 19, 1995; (154, 163) 22 CCR 66270.14–66270.17, adopted June 11, 1999. 40 CFR 270.18; Liners, checklist 100 ...... (100) 22 CCR 66270.18, amended June 30, 1997. 40 CFR 270.19; TC, checklist 126 ...... (126) 22 CCR 66270.19, amended Nov. 12, 1998. 40 CFR 270.21; Liners, checklist 100 ...... (100) 22 CCR 66270.21, amended June 30, 1997. 40 CFR 270.22; BIF, checklists 85, 94 ...... (85, 94) 22 CCR 66270.22, adopted July 1, 1996. 40 CFR 270.24–270.25; AirES, checklists 79, ...... (79, 87) 22 CCR 66270.24–66270.25, amend- 87. ed Dec. 28, 1993. 40 CFR 270.26; Wood, checklists 82, 92 ...... (82, 92) 22 CCR 66270.26, adopted 1994. 40 CFR 270.27; AirES, checklists 87, 154, 163 ...... (87, 154, 163) 22 CCR 66270.27, adopted June 11, 1999. 40 CFR 270.30; Public, checklist 148 ...... (148) 22 CCR 66270.30, amended Dec. 19, 1996. 40 CFR 270.42, 270.43; Appendix I, Closure, ...... (85, 94) 22 CCR 66270.42, amended July 31, checklist 64; BIF, checklists 85, 94; LDR, 1996; (64, 83, 85, 94, 109, 121, 124) 22 checklists 83, 109, 124; Liners, checklist 100, CCR Division 4.5, Chapter 20, Appendix I, CAMU, checklist 121. amended July 31, 1996; (100) 22 CCR Divi- sion 4.5, Chapter 20, Appendix I, amended June 30, 1997. 40 CFR 270.61, 270.62, 270.66; BIF, checklists ...... (85, 94) 22 CCR 66270.66, amended June 85, 94; TC, checklist 126; Public, checklist 12, 1997; (148) 22 CCR 66270.61, adopted 148. May 24, 1991; 22 CCR 66260.10, 66270.62, 66270.66 amended June 18, 1997; (126) 22 CCR 66270.62, 66270.66, amended Nov. 12, 1998. 40 CFR 270.72–270.73; BIF, checklists 85, 94; ...... (85, 94) 22 CCR 66270.72–66270.73, amend- LDR, checklist 109. ed July 31, 1996; (109) 22 CCR 66270.72, amended July 31, 1996.
BILLING CODE 6560–50–M California provision controls the escape contained in such recovery process H. Where Are the Revised State Rules of ‘‘hazardous substances’’ which are units or associated storage units. Different From the Federal Rules? not ‘‘hazardous waste,’’ ‘‘hazardous 5. HSC § 25143.2(c)(1) was broader in constituents,’’ ‘‘leachate,’’ State requirements that go beyond the scope than was former section 40 CFR ‘‘contaminated runoff’’ or ‘‘hazardous 261.6(a)(3)(vi) (renumbered as scope of the Federal program are not waste decomposition products.’’ part of the authorized program and EPA 261.6(a)(3)(v) in 1995 (60 FR 25492 1), can not enforce them. Although you 3. California’s program is broader in which exempted from regulation must comply with these requirements in scope than the Federal program to the petroleum coke produced from accordance with California law, they are extent it regulates spent wood petroleum refinery hazardous waste not RCRA requirements. We consider preserving solutions that have been containing oil produced by the same that the following State requirements, used and are reclaimed and reused for person who generated the waste unless which pertain to the revisions involved their original intended purpose and the resulting coke product was in this tentative decision, go beyond the wastewaters from the wood preserving characteristically hazardous. HSC scope of the Federal program. The process that have been reclaimed and § 25143.2(c)(1), which was part of the following analysis differs in some ways are reused to treat wood. These authorized program, was not amended from the areas which California materials are excluded from the Federal to conform to the changes made to 40 identified as being broader in scope definition of solid waste by virtue of 40 CFR 261.6(a)(3)(vi) in 1994. At that than the Federal program in its CFR 261.4(a)(9)(i) and (ii), respectively. time, the Federal exemption was application. 4. HSC § 25144(c) is broader in scope expanded to include petroleum coke 1. The definition of ‘‘remediation than 40 CFR 261.4(a)(12) since the produced by the same person who waste’’ at 22 C.C.R. § 66260.10 is California provision exempts oil generated the petroleum hazardous broader in scope than the Federal recovery process units and associated waste containing oil, rather than being definition at 40 CFR 260.10 only to the storage units from regulation, rather limited to petroleum coke produced at extent California’s definition includes than exempting recovered oil from the the same facility at which such wastes hazardous substances which are neither definition of solid waste, which is what were generated. The State’s exemption ‘‘hazardous wastes’’ nor ‘‘solid wastes.’’ the Federal provision does. Thus, the retains the ‘‘at the same facility’’ 2. 22 C.C.R. § 66264.552(e)(4)(A)(2) is State program is broader in scope than broader in scope than 40 CFR the Federal program to the extent 1 40 CFR 261.6(a)(3)(v) was superceded by 40 CFR 264.552(e)(4)(i)(B) only to the extent the California regulates recovered oil not 261.4(a)(12) in 1998 (63 FR 42110).
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language and, to this extent, is broader 10. The California provision at 22 J. How Would Authorizing California than the Federal requirement.2 C.C.R. § 66266.100(b)(3) excludes from for These Revisions Affect Indian 6. California does not have the regulation in boilers and industrial Country (18 U.S.C. 115) in California? Federal exclusion found at 40 CFR furnaces (‘‘BIFs’’) those materials which California is not authorized to carry 261.4(b)(13), which excludes from the are exempted from regulation at 22 out its hazardous waste program in definition of hazardous waste non-terne C.C.R. § 66261.4. This provision tracks Indian country within the State. A map plated used oil filters that are not mixed the Federal provision at 40 CFR of Indian Country in California can be with hazardous wastes if those filters 266.100(b)(3), which excludes from found on the world wide web at http:/ are gravity hot drained in accordance regulation in BIFs those materials which /www.epa.gov/region09/cross_pr/ with specified procedures. To the extent are exempted from regulation at 40 CFR indian/maps. A list of Indian Tribes in California regulates such oil filters, its 261.4. The Federal provision at 40 CFR California can be found on the web at program is broader in scope than the 261.4 includes more exemptions than http://www.doi.gov/bureau-indian- Federal program. the State provision at 22 CCR § 66266.4 affairs; it is complete except for two 7. California has not adopted the and, therefore, California’s BIF program Federal exclusion found at 40 CFR newly listed tribes, Graton and Lower is broader in scope than the Federal Lake Rancherias. Therefore, this 261.4(a)(10). This provision excludes program in this respect. from the definition of solid waste K060, proposed action would have no effect 11. 40 CFR 261.4(a)(11) excludes from on the Indian country so described, K070, K087, K141, K142, K143, K145, the definition of solid waste, non- K147, K148, and those coke by-product including Graton and Lower Lake wastewater splash condenser dross Rancherias. EPA will continue to residues that are hazardous only residue from the treatment of K061 in because they exhibit the toxicity implement and administer the RCRA high temperature metals recovery units program in Indian country within the characteristic when, subsequent to provided it is shipped in drums (if generation, these wastes are recycled by State. shipped) and is not land disposed being returned to coke ovens, to the tar before recovery. California has not K. Administrative Requirements recovery process as a feedstock to adopted this exclusion and its program produce coal tar or mixed with coal tar. The Office of Management and Budget is thus broader in scope than the The Federal exclusion is conditioned on has exempted RCRA authorizations Federal program in this respect. there being no land disposal of the from the requirements of Executive waste from the point of generation to the 12. California’s program is broader in Order 12866 (58 FR 51735, October 4, point of recycling. Thus, the absence of scope than the Federal program with 1993) and, therefore, a decision to this exemption makes the California respect to the regulation of secondary authorize California for these revisions program broader than the Federal materials that are recycled back into is not subject to review by OMB. This program in this respect. secondary production processes from authorization will effectively suspend 8. California has not adopted the which they were generated. 40 CFR the applicability of certain Federal Federal provision at 40 CFR 261.2(e)(1)(iii) exempts such materials, regulations in favor of California’s 266.100(b)(3), which exempts from so long as the materials are managed program, thereby eliminating regulation the burning of wastes such that there is no placement on the duplicative requirements for handlers of produced by conditionally exempt small land. HSC 25143.2(b)(3), as restricted by hazardous waste in the State. quantity generators (see also 40 CFR HSC sections 25143.2(e) and 25143.9, Authorization will not impose any new 261.5). Thus, California’s program is which is the State’s analogue to 40 CFR burdens on small entities. Accordingly, broader in scope than the Federal 261.2(e)(1)(iii), excludes only recyclable I certify that authorization for these program in this respect. materials that are returned to a primary revisions will not have a significant 9. California has not adopted the process. economic impact on a substantial number of small entities under the Federal provision at 40 CFR I. Who Handles Permits After the Regulatory Flexibility Act (5 U.S.C. 601 266.100(b)(4), which excludes from Authorization Takes Effect? regulation coke ovens if the only et seq.). Because implementing this hazardous waste burned is K087, California will issue permits for all proposal would authorize pre-existing decanter tank tar sludge from coking the provisions for which it is authorized requirements under State law and operations. The Federal provision was a and will administer the permits it would not impose any additional necessary corollary to EPA’s removal of issues. All permits issued by EPA prior enforceable duty beyond that required the coke and coal tar exemption to California being authorized for these by State law, it will not contain any (formerly 40 CFR 261.6(a)(3)(vii)) due to revisions will continue in force until the unfunded mandate or significantly or the reclassification of coke and coal tar effective date of the State’s issuance or uniquely affect small governments, as as products under 40 CFR 261.4(a)(10) denial of a State RCRA permit, or the described in the Unfunded Mandates in 1991. California had not adopted the permit otherwise expires or is revoked. Reform Act of 1995 (Pub. L. 104–4). For exemption as part of the base program, California will administer any RCRA the same reason, this proposed rule does nor did it adopt the 1991 exemption at hazardous waste permits or portions of not have tribal implications within the 40 CFR 261.4(a)(10). Thus, the permits which EPA issued prior to the meaning of Executive Order 13175 (65 California program is broader in scope effective date of this authorization until FR 67249, November 6, 2000). It does than the Federal program to the extent such time as California has issued a not have substantial direct effects on California regulates coke ovens that corresponding State permit. EPA will Tribal governments, on the relationship solely burn K087. not issue any more new permits or new between the Federal government and portions of permits for provisions for the Indian tribes, or on the distribution 2 The 1998 revision to 40 CFR 261.4(a)(12) which California is authorized after the of power and responsibility between the changed the Federal requirement again to limit the effective date of this authorization. EPA Federal government and Indian tribes, exemption to materials which are inserted into the will retain responsibility to issue as specified in Executive Order 13175. same petroleum refinery where they are generated or sent directly to another petroleum refinery. Thus permits needed for HSWA requirements Authorization will not have substantial the State’s exemption remains narrower than the for which California is not yet direct effects on the states, on the Federal exemption in this respect. authorized. relationship between the national
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government and the States, or on the Authority: This proposed action is issued 29850 Circle R Way, Escondido, distribution of power and under the authority of sections 2002(a), 3006 California. Copies of the draft economic responsibilities among the various and 7004(b) of the Solid Waste Disposal Act analysis and proposed critical habitat levels of government, as specified in as amended 42 U.S.C. 6912(a), 6926, 6974(b). determination are available on the Executive Order 13132 (64 FR 43255, Dated: June 12, 2001. Internet at http://carlsbad.fws.gov or by August 10, 1999), because it merely Laura Yoshii, writing to the Field Supervisor, U.S. authorizes State requirements as part of Acting Regional Administrator, Region 9. Fish and Wildlife Service, Carlsbad Fish the State RCRA hazardous waste [FR Doc. 01–15481 Filed 6–19–01; 8:45 am] and Wildlife Office, 2730 Loker Avenue program without altering the BILLING CODE 6560–50–P West, Carlsbad, California, 92008. relationship or the distribution of power Written comments should be sent to the and responsibilities established by Field Supervisor. You may also send RCRA. A decision to authorize DEPARTMENT OF THE INTERIOR comments by electronic mail (e-mail) to California for these revisions also is not [email protected]. Please submit subject to Executive Order 13045 (62 FR Fish and Wildlife Service comments in ASCII file format and 19885, April 23, 1997), because it is not avoid the use of special characters and economically significant and it does not 50 CFR Part 17 encryption. Please include ‘‘Attn: Quino make decisions based on environmental checkerspot butterfly’’ and your name health or safety risks. The proposed rule RIN 1018–AH03 and return address in your e-mail does not include environmental justice Endangered and Threatened Wildlife message. If you do not receive a related issues that require consideration and Plants; Notice of Availability of confirmation from the system that we under Executive Order 12898 (59 FR Draft Economic Analysis, Reopening have received your e-mail message, 7629, February 16, 1994). of Comment Period, and Notice of contact us directly by calling our Under RCRA 3006(b), EPA grants a Public Hearing for the Proposed Carlsbad Fish and Wildlife Office at state’s application for authorization as Critical Habitat Determination for the phone number 760–431–9440. long as the state meets the criteria Quino Checkerspot Butterfly Comments and materials received will required by RCRA. It would thus be be available for public inspection, by inconsistent with applicable law for AGENCY: Fish and Wildlife Service, appointment, during normal business EPA, when it reviews a state Interior. hours at the Carlsbad Fish and Wildlife authorization application, to require the ACTION: Proposed rule; notice of Office, at the above address. use of any particular voluntary availability of draft economic analysis, FOR FURTHER INFORMATION CONTACT: consensus standard in place of another reopening of public comment period, Douglas Krofta, Branch Chief, Listing, standard that otherwise satisfies the and notice of public hearing. Carlsbad Fish and Wildlife Office, at the requirements of RCRA. Thus, the above address (telephone 760–431– requirements of section 12(d) of the SUMMARY: We, the U.S. Fish and 9440; facsimile 760–431–9624). Wildlife Service (Service), announces National Technology Transfer and SUPPLEMENTARY INFORMATION: Advancement Act of 1995 (15 U.S.C. the availability of the draft economic 272 note) do not apply. As required by analysis for the proposed determination Background section 3 of Executive Order 12988 (61 of critical habitat for the Quino The Quino checkerspot butterfly is a FR 4729, February 7, 1996), in issuing checkerspot butterfly (Euphydryas member of the family Nymphalidae this proposed rule, EPA has taken the editha quino) and the reopening of the (brush-footed butterflies) that occurs in necessary steps to eliminate drafting public comment period for the proposed open habitat patches primarily in errors and ambiguity, minimize determination to allow all interested coastal sage scrub and native plant potential litigation, and provide a clear parties to submit written comments on communities ranging from southwestern legal standard for affected conduct. EPA the proposal and on the draft economic Riverside County, California to north- has complied with Executive Order analysis. Comments previously central Baja California, Mexico. The 12630 (53 FR 8859, March 15, 1988) by submitted need not be resubmitted as primary host plant for Quino examining the takings implications of a they have been incorporated into the checkerspot butterfly larvae is Plantago decision to authorize California for public record and will be fully spp. (plantain), while nectar sources for these revisions in accordance with the considered in the final rule. adult butterflies primarily include Attorney General’s Supplemental Additionally, we are announcing that a plants of the figwort plant family, or Guidelines for the Evaluation of Risk public hearing will be held on the closely related plants. and Avoidance of Unanticipated proposed critical habitat determination. The adult Quino checkerspot butterfly Takings issued under the Executive DATES: The original public comment has a wingspan of approximately 4 Order. A decision to authorize period on the critical habitat proposed centimeters (1.5 inches). The top sides California’s revisions will not impose an determination closed on April 9, 2001. of the wings have a red, black, and information collection burden under the The public comment period is cream colored checkered pattern and provisions of the Paperwork Reduction reopened, and we will accept comments the bottom sides are dominated by a red Act of 1995 (44 U.S.C. 3501 et seq.). until July 30, 2001. Comments must be and cream marbled pattern. The received by the 5:00 p.m. on the closing List of Subjects in 40 CFR Part 271 abdomen of Quino checkerspot date. Any comments that are received butterflies has red stripes across the top. Environmental protection, after the closing date may not be Quino checkerspot butterfly larvae are Administrative practice and procedure, considered in the final decision on this black with a row of nine orange fleshy/ Confidential business information, action. The public hearing will be held hairy extensions on their back. Pupae Hazardous waste, Hazardous waste on July 17, 2001, from 1:00 p.m. to 3:00 are mottled black on a pale blue-gray transportation, Indian lands, p.m. and from 6:00 p.m. to 8:00 p.m. in background and extremely well Intergovernmental relations, Penalties, Escondido, California. camouflaged. Reporting and record keeping ADDRESSES: The public hearing will be Historically, common in southern requirements. held at the Castle Creek Inn Resort, California and north-central Baja
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California, Mexico, the species had hold a public hearing on the date and Quino checkerspot butterfly is declined to the point of needing at the address described in the DATES scheduled to be held on Tuesday, July protection under the Endangered and ADDRESSES sections above. 17, 2001, from 1:00 p.m. to 3:00 p.m. Species Act of 1973, as amended (Act). Anyone wishing to make an oral and from 6:00 p.m. to 8:00 p.m. at the On January 16, 1997, the Quino statement for the record is encouraged Castle Creek Inn Resort, 29850 Circle R checkerspot butterfly was listed as to provide a written copy of their Way, Escondido, California. Please endangered throughout its range (62 FR statement and present it to the Service contact the Carlsbad Fish and Wildlife 2313). The Quino checkerspot at the hearing. In the event there is a Office at the above address with any large attendance, the time allotted for butterfly’s continued survival is questions concerning this public oral statements may be limited. Oral and threatened primarily by habitat loss and hearing. degradation, and encroachment by non- written statements receive equal native species. On February 7, 2001, the consideration. There are no limits to the Public Comment Solicited Fish and Wildlife Service published a length of written comments presented at rule proposing critical habitat for the the hearing or mailed to the Service. We have reopened the comment Quino checkerspot butterfly in the Legal notices announcing the date, time, period at this time in order to accept the Federal Register (66 FR 9476). We and location of the hearing will be best and most current scientific and proposed designation of approximately published in newspapers concurrently commercial data available regarding the 121,814 hectares (301,010 acres) as with the Federal Register notice. proposed critical habitat determination critical habitat for the Quino Comments from the public regarding for the Quino checkerspot butterfly and checkerspot butterfly pursuant to the the accuracy of this proposed rule are the draft economic analysis of proposed Act. Proposed critical habitat is in sought, especially regarding: critical habitat determination. western Riverside and southern San (1) The location of any additional Previously submitted written comments populations of Quino checkerspot Diego Counties, California, as described on this critical habitat proposal need not butterflys and the reasons why any in the proposed rule. be resubmitted. The current comment habitat should or should not be Section 4(b)(2) of the Act requires that determined to be critical habitat; period on this proposal closes on July the Secretary shall designate or revise (2) Additional information regarding 30, 2001. Written comments should be critical habitat based upon the best the validity of the primary constituent submitted to the Carlsbad Fish and scientific and commercial data available elements described in the proposed Wildlife Office in the ADDRESSES and after taking into consideration the rule; and section. economic impact of specifying any (3) Additional information regarding Author particular area as critical habitat. Based areas that may be essential as travel upon the previously published proposal corridors for connecting individual The primary author of this notice is to designate critical habitat for the Quino checkerspot butterfly Douglas Krofta (see ADDRESSES section). Quino checkerspot butterfly and populations. comments received during previous Reopening of the comment period Authority comment period, we have prepared a will enable the Service to respond to the draft economic analysis of the proposed request for a public hearing on the The authority for this action is the critical habitat designation, which is proposed action. The comment period Endangered Species Act of 1973 (16 available at the above Internet and on this proposal now closes on July 30, U.S.C. 1531 et seq.). mailing address. 2001. Written comments should be Dated: June 14, 2001. Section 4(b)(5)(E) of the Act (16 U.S.C. submitted to the Service office listed in Alexandra Pitts, 1531 et seq.), requires that a public the ADDRESSES section. hearing be held if it is requested within Acting Manager, California/Nevada 45 days of the publication of a proposed Public Hearing Operations Office, Region 1. rule. In response to a request from the A public hearing on the proposed [FR Doc. 01–15477 Filed 6–19–01; 8:45am] Otay Land Company, the Service will determination of critical habitat for the BILLING CODE 4310–55–P
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Notices Federal Register Vol. 66, No. 119
Wednesday, June 20, 2001
This section of the FEDERAL REGISTER generator will have a 110-foot stack. SUPPLEMENTARY INFORMATION: contains documents other than rules or These two stacks will replace the Initiation of Investigations proposed rules that are applicable to the existing 200-foot stack at the plant. The public. Notices of hearings and investigations, modification will also include the The Applicable Statute and Regulations committee meetings, agency decisions and addition of a 25-foot tall, three-module rulings, delegations of authority, filing of Unless otherwise indicated, all petitions and applications and agency cooling tower and step-up transformers. citations to the statute are references to statements of organization and functions are The repowered generation station will the provisions effective January 1, 1995, examples of documents appearing in this be fired with natural gas with fuel oil the effective date of the amendments section. backup. made to the Tariff Act of 1930 (‘‘the The repowering will increase the Act’’) by the Uruguay Round output of the plant from 59 megawatts Agreements Act (‘‘URAA’’). In addition, DEPARTMENT OF AGRICULTURE to 170.6 megawatts (based on summer unless otherwise indicated, all citations rating) and the plant’s thermal to the Department of Commerce’s (‘‘the Rural Utilities Service efficiency will be increased. The Department’s’’) regulations are to the repowered plant will have less air Arkansas Electric Cooperative regulations codified at 19 CFR Part 351 emissions than the existing plant. (2001). Corporation; Notice of Finding of No Copies of the Finding of No Significant Impact Significant Impact are available from The Petition AGENCY: Rural Utilities Service, USDA. RUS at the address provided herein or On May 23, 2001, the Department from Mr. Curtis Warner of Arkansas ACTION: Notice of finding of no received a petition filed in proper form significant impact. Electric Cooperative Corporation, P.O. by the Committee for Fair Beam Imports Box 194208, Little Rock, Arkansas. Mr. and its individual members, SUMMARY: Notice is hereby given that Warner’s telephone number is (501) Northwestern Steel and Wire Company, the Rural Utilities Service (RUS) has 570–2462. Nucor Corporation, Nucor-Yamato Steel made a finding of no significant impact Dated: June 8, 2001. Company, and TXI-Chaparral Steel with respect to a request for financing Blaine D. Stockton, Company (‘‘the petitioners’’). assistance by Arkansas Electric Assistant Administrator, Electric Program. In accordance with section 732(b) of the Act, the petitioners allege that Cooperative Corporation to finance the [FR Doc. 01–15531 Filed 6–19–01; 8:45 am] repowering of an existing electric imports of structural steel beams from generating station in Franklin County, BILLING CODE 3410–15–P the People’s Republic of China (the Arkansas. PRC), Germany, Italy, Luxembourg, Russia, South Africa, Spain, and Taiwan FOR FURTHER INFORMATION CONTACT: Bob DEPARTMENT OF COMMERCE are being, or are likely to be, sold in the Quigel, Environmental Protection United States at less than fair value Specialist, Engineering and International Trade Administration within the meaning of section 731 of the Environmental Staff, RUS, Stop 1571, Act and that such imports are materially 1400 Independence Avenue, SW., [A–570–869, A–428–831, A–475–831, A–423– injuring, or threatening material injury Washington, DC 20250–1571, telephone 810, A–821–814, A–791–811, A–469–811, A– 583–838] to, an industry in the United States. (202) 720–0468, e-mail at The Department finds that the [email protected]. Initiation of Antidumping Duty petitioners filed the petition on behalf of SUPPLEMENTARY INFORMATION: Arkansas Investigations: Structural Steel Beams the domestic industry because they are Electric Cooperative Corporation From the People’s Republic of China, interested parties as defined in section proposes to remove the existing boiler Germany, Italy, Luxembourg, Russia, 771(9)(C) and (D) of the Act and they and stack at its Fitzhugh Generating South Africa, Spain, and Taiwan have demonstrated sufficient industry Station. (The station is located on the support with respect to the antidumping AGENCY: Import Administration, east side of the Arkansas River southeast duty investigations they are requesting International Trade Administration, of Ozark, Arkansas, at river mile 255.9.) the Department to initiate (see Department of Commerce. The existing steam turbine, generator, ‘‘Determination of Industry Support for and other steam cycle related equipment EFFECTIVE DATE: June 20, 2001. the Petitions,’’ below). will remain. A new combustion turbine FOR FURTHER INFORMATION CONTACT: and electric generator will be added. Thomas Schauer (Germany, Italy, Scope of Investigations The exhaust gas from the turbine will be Luxembourg) at (202) 482–0410; Davina For purposes of these investigations, connected to a heat recovery steam Hashmi (Spain, South Africa, Taiwan) at the products covered are doubly- generator which will be connected to (202) 482–5760; Rebecca Trainor (The symmetric shapes, whether hot-or cold- the existing steam turbine. There will be People’s Republic of China) at (202) rolled, drawn, extruded, formed or a 90-foot bypass stack between the 482–4007; or Dinah McDougall (Russia) finished, having at least one dimension combustion turbine and the heat at (202) 482–3773, Import of at least 80 mm (3.2 inches or more), recovery steam generator. This will Administration-Room 1870, whether of carbon or alloy (other than allow for quick start-up of the plant and International Trade Administration, stainless) steel, and whether or not for operation of the new combustion U.S. Department of Commerce, 14th drilled, punched, notched, painted, turbine and generator in simple-cycle Street and Constitution Avenue, N.W., coated, or clad. These products mode. The heat recovery steam Washington, DC 20230. (‘‘structural steel beams’’) include, but
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are not limited to, wide-flange beams percent of the total production of the some merchandise that is not the (‘‘W’’ shapes), bearing piles (‘‘HP’’ domestic like product; and (2) more domestic like product) from data shapes), standard beams (‘‘S’’ or ‘‘I’’ than 50 percent of the production of the gathered by the American Iron and Steel shapes), and M-shapes. domestic like product produced by that Institute (AISI). By comparing their own All products that meet the physical portion of the industry expressing production with the total shipment of and metallurgical descriptions provided support for, or opposition to, the steel beams, the petitioners established above are within the scope of these petition. that they accounted for well over 50 investigations unless otherwise Section 771(4)(A) of the Act defines percent of production of the domestic excluded. The following products are the ‘‘industry’’ as the producers of a like product in the United States. outside and/or specifically excluded domestic like product. Thus, to Furthermore, we find the petitioners’ from the scope of these investigations: determine whether the petition has the estimation of industry support to be • Structural steel beams greater than requisite industry support, the statute conservative because the denominator 400 pounds per linear foot or with a directs the Department to look to in the calculation (the total shipment of web or section height (also known as producers and workers who account for steel beams) includes merchandise that depth) over 40 inches. production of the domestic like product. is not the domestic like product, while The merchandise subject to these The International Trade Commission the numerator (the petitioners’ investigations is classified in the (‘‘ITC’’), which is responsible for production) is comprised solely of Harmonized Tariff Schedule of the determining whether the domestic production of the domestic like product. United States (‘‘HTSUS’’) at industry has been injured, must also The petitioners established industry subheadings 7216.32.0000, determine what constitutes a domestic support representing over 50 percent of 7216.33.0030, 7216.33.0060, like product in order to define the the total production of the domestic like 7216.33.0090, 7216.50.0000, industry. While both the Department product. Therefore, the domestic 7216.61.0000, 7216.69.0000, and the ITC are required to apply the producers or workers who support the 7216.91.0000, 7216.99.0000, same statutory provision regarding the petition account for at least 25 percent 7228.70.3040, and 7228.70.6000. domestic like product (section 771(10) of the total production of the domestic Although the HTSUS subheadings are of the Act), they do so for different like product and, therefore, the provided for convenience and customs purposes and pursuant to separate and requirements of section 732(c)(4)(A)(i) purposes, the written description of the distinct authority. In addition, the of the Act are met. Furthermore, because merchandise under investigation is Department’s determination is subject to the Department received no opposition dispositive. limitations of time and information. to the petitions, the domestic producers During our review of the petition, we Although this may result in different or workers who support the petitions discussed with the petitioners whether definitions of the domestic like product, account for 100 percent of the the proposed scope was an accurate such differences do not render the production of the domestic like product reflection of the product for which the decision of either agency contrary to produced by that portion of the industry domestic industry is seeking relief. The law.1 expressing support for or opposition to petitioners indicated that the scope in Section 771(10) of the Act defines the petitions. Therefore, the the petition accurately reflected the domestic like product as ‘‘a product requirements of section 732(c)(4)(A)(ii) product for which they are seeking which is like, or in the absence of like, of the Act are met. Accordingly, the relief. Consistent with the preamble to most similar in characteristics and uses Department determines that the its regulations (see Antidumping Duties; with, the article subject to an petitions were filed on behalf of the Countervailing Duties, 62 FR 27296, investigation under this title.’’ Thus, the domestic industry within the meaning 27323 (May 19, 1997)), the Department reference point from which the of section 732(b)(1) of the Act. is setting aside a period for parties to domestic like product analysis begins is Export Price and Constructed Export raise issues regarding product coverage. ‘‘the article subject to an investigation,’’ Price The Department encourages all parties i.e., the class or kind of merchandise to to submit such comments by 20 days be investigated, which normally will be The following are descriptions of the after the publication of this notice. the scope as defined in the petition. The allegations of sales at less than fair value Comments should be addressed to domestic like product referred to in the upon which we have based our Import Administration’s Central petition is the single domestic like decisions to initiate these investigations. Records Unit at Room 1870, U.S. product defined in the ‘‘Scope of Should the need arise to use any of this Department of Commerce, Pennsylvania Investigation’’ section, above. We information in our preliminary or final Avenue and 14th Street, N.W., consulted with the ITC, the U.S. determinations for purposes of facts Washington, D.C. 20230. This period of Customs Service, and the petitioners available under section 776 of the Act, scope consultation is intended to and have, as a result of these we may re-examine the information and provide the Department with ample discussions, adopted the definition of revise the margin calculations, if opportunity to consider all comments domestic like product definition set appropriate. and to consult with parties prior to the forth in the petition. We have not With respect to sales to the U.S. issuance of the preliminary received comments from interested market, the petitioners used a determinations. parties challenging the petitioners’ constructed export price (CEP) analysis definition of domestic like product. in the Germany, Italy, Luxembourg and Determination of Industry Support for Spain petitions based on sales of the the Petitions The petitioners identified the total shipments of steel beams (including merchandise in the United States by a Section 732(b)(1) of the Act requires U.S. affiliate of the foreign producer. that a petition be filed on behalf of a 1 See Algoma Steel Corp., Ltd. v. United States, The petitioners used an export price domestic industry. Section 732(c)(4)(A) 688 F. Supp. 639, 642–44 (CIT 1988); High (EP) analysis in the PRC and Russia of the Act provides that a petition meets Information Content Flat Panel Displays and petitions based on sales of the Display glass Therefor from Japan: Final this requirement if the domestic Determination; Rescission of Investigation and merchandise directly to unaffiliated producers or workers who support the Partial Dismissal of Petition, 56 FR 32376, 32380– customers in the United States by one petition account for: (1) at least 25 81 (July 16, 1991). of the foreign producers. The petitioners
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also used an export price (EP) analysis of the sales. We restated some of the market prices in the Italy petition was in the Germany, South Africa, and constructed export prices and export below the cost of production. Thus, Taiwan petitions based on sales of the prices in the Germany, Italy, even if the petitioners had been able to merchandise through unaffiliated Luxembourg, Spain, and Taiwan calculate inland freight expenses distributors in the United States by one petitions. See Memoranda to File titled incurred on the home-market sales, we of the foreign producers. The petitioners Recalculation of Antidumping Margins would continue to find that the home- based CEP and EP on affidavits for Germany, Italy, Luxembourg, Spain, market prices were below the cost of supported by price quotes and offers. and Taiwan dated June 11, 2001, for a production. As a result, we used The petitioners calculated CEP in the complete discussion of the changes we constructed value as the basis for German petition by subtracting ocean made. normal value (NV) for the Italy petition. Because the constructed values that the freight, U.S. Customs duties, and a Home-Market and Third-Country Prices distributor margin representing the U.S. petitioners calculated do not include selling expenses and profit. The The petitioners used home-market freight expenses, we find the petitioners calculated CEP in the Italy prices based on affidavits supported by petitioners’ approach to be reasonable. price quotes and offers except in the petition by subtracting ocean freight, The petitioners did not deduct credit PRC, Luxembourg, and Russia petitions. U.S. port charges, U.S. Customs duties, expense from home-market or third- The petitioners used third-country and a distributor margin representing country prices in the Italy, Luxembourg, prices based on affidavits supported by the U.S. selling expenses and profit. The Spain, or Taiwan petitions and for one price quotes and offers in the petitioners calculated CEP in the of the companies in the Germany Luxembourg petition because they were petition because of the terms of sale. Luxembourg petition by subtracting unable to obtain price information for The petitioners did not deduct credit ocean freight, U.S. Customs duties, and sales in the home market. The expense from home-market prices for a distributor margin representing the petitioners selected Germany as the the other company in the Germany U.S. selling expenses and profit. The third-country market. The petitioners petition because they had no petitioners calculated CEP in the Spain presented evidence that Germany is the information regarding the foreign petition by subtracting domestic inland largest third-country market for steel producers’ credit terms. However, the freight, foreign port charges, ocean beams produced in Luxembourg. After petitioners also did not adjust normal freight, U.S. Customs duties, and the examining this evidence, we found the value for the credit expense incurred on distributor margin. The petitioners petitioners’ selection of Germany as the EP sales for this company. Because the calculated EP in the Germany petition comparison market to be reasonable. petitioners did not have information on by subtracting ocean freight, U.S. port Because the PRC and Russia are the credit terms for home-market sales, charges, U.S. Customs duties, and the considered non-market economy we find the petitioners’ approach to be distributor margin to account for the fact countries, the petitioners did not obtain a reasonable methodology given the that the prices are quoted from an home-market or third-country prices. information available to them. unaffiliated U.S. distributor. The See the ‘‘Normal Value’’ section below. The data for the adjustments the petitioners calculated EP in the PRC The petitioners adjusted the home- petitioners made to home-market and petition by subtracting domestic inland market and third-country prices for CEP third-country prices were based on freight, export charges, domestic comparisons in the Germany, Italy, and affidavits. No other adjustments to wharfage, ocean freight, insurance, U.S. Luxembourg petitions by deducting a home-market or third-country prices port charges, and U.S. duties. The distributor margin to represent a were necessary due to the terms of the petitioners calculated EP in the Russia reseller’s selling expenses. The sales. petition by subtracting domestic inland petitioners adjusted the home-market freight, foreign port charges, ocean prices for EP comparisons in the South Normal Value freight, insurance, U.S. port charges, Africa petition by deducting credit The petitioners based NV for the and U.S. duties. The petitioners expense, discounts, and a distributor South Africa petition on home-market calculated EP in the South Africa margin to represent a reseller’s selling prices, which it calculated as described petition by subtracting domestic inland expenses. The petitioners adjusted the above. As discussed in the ‘‘Initiation of freight, ocean freight, U.S. port charges, home-market prices for EP comparisons Cost Investigations’’ section below, the and the distributor margin. The in the Taiwan petition by deducting petitioners established that the petitioners calculated EP in the Taiwan inland freight and a distributor margin comparison-market prices in the petition by subtracting domestic inland to represent a reseller’s selling expenses. Germany, Italy, Luxembourg, Spain, and freight, foreign port charges, ocean The petitioners did not deduct inland Taiwan petitions were below the cost of freight, U.S. port charges, U.S. Customs freight in the Germany, Luxembourg, production. Because the comparison- duties, and the distributor margin. The Spain, or Taiwan petitions because of market prices were below the cost of petitioners also calculated imputed the terms of sale. The petitioners did not production, pursuant to sections credit expenses applicable to EP sales in deduct inland freight in the Italy or 773(a)(4) and 773(e) of the Act, the the Taiwan petition and added the South Africa petitions because they petitioners also based NV for the expense to NV. The data for these were unable to calculate such expenses. Germany, Italy, Luxembourg, Spain, and adjustments was based on U.S. Customs With regard to the South Africa petition, Taiwan petitions on constructed value statistics, the Port of Houston Authority the petitioners were able to make an (CV). CV consists of the cost of Tariff No. 8, affidavits, and the 2001 adjustment so that the home-market manufacture (COM), selling, general and import duty rates. The petitioners did prices would not be overstated. Because administrative expenses (SG&A), and not deduct domestic inland freight, of the proprietary nature of this profit (there is no packing cost for the export port charges, or imputed credit adjustment, please see the proprietary subject merchandise). The petitioners expenses from CEP or EP in the version of the Initiation Checklist dated based their calculations for COM, Germany, Italy, or Luxembourg petitions June 12, 2001, for a description. With SG&A, and profit on costs obtained by because they were not able to obtain regard to the Italy petition, as described affidavits from the petitioning such data. No other adjustments to EP in the Normal Value section below, we companies’ officials and foreign or CEP were necessary due to the terms found that each of the unadjusted home- industry data compiled by the
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petitioners. We restated some of the index (WPI) published in the on a country-wide basis for purposes of costs in the Germany, Italy, International Financial Statistics. The initiating an antidumping Luxembourg, and Spain petitions. See petitioners valued labor using the investigation.’’ Memoranda to File titled Recalculation Department’s regression-based wage rate The statute at section 773(b) of the of Antidumping Margins for Germany, for the PRC, in accordance with 19 CFR Act states that the Department must Italy, Luxembourg, and Spain dated 351.408(c)(3). The petitioners obtained have ‘‘reasonable grounds to believe or June 11, 2001, for a complete discussion the value for electricity from a suspect’’ that below-cost sales have of the changes we made. publication of the International Energy occurred before initiating such an Because Russia is considered a non- Agency containing the prices applicable investigation. ‘‘Reasonable grounds’’ market-economy (NME) country under to India, and adjusted using the WPI exist when an interested party provides section 771(18) of the Act, the published in the International Financial specific factual information on costs and petitioners based NV on the factors of Statistics. The petitioners valued natural prices, observed or constructed, production valued in a surrogate gas using data based on the quarterly indicating that sales in the foreign country, in accordance with section report of a major Indian supplier, and market in question are at below-cost 773(c)(3) of the Act. For purposes of the adjusted using the WPI published in the prices. See section 773(b)(2)(A) of the petition, the petitioners selected International Financial Statistics. To Act. Based upon the comparison of the Thailand as the surrogate market determine factory overhead, SG&A, and adjusted prices from the petition of the economy. The petitioners calculated NV profit, the petitioners relied on data foreign like product in Germany, Italy, using publicly available Thai prices to from an Indian producer of steel Luxembourg, Spain, and Taiwan to the value all unit costs associated with the products. COP calculated in the petition (and factors of production. The petitioners Based on comparisons of EP to NV, adjusted in the Germany, Italy, established estimates for per-unit the petitioners estimate margins of 73.54 Luxembourg, and Spain cases as consumption based on the production to 81.06 percent for South Africa. Based described in Memoranda to File titled experience of a U.S. producer of on our revisions to the petitioners’ Recalculation of Antidumping Margins structural steel beams adjusted for methodology, we calculated the for Germany, Italy, Luxembourg, and known differences in the Russian estimated margins to be 61.09 to 94.73 Spain dated June 11, 2001), we find production process according to percent for Germany, 83.80 percent for ‘‘reasonable grounds to believe or information reasonably available to the Italy, 38.45 to 44.43 percent for suspect’’ that sales of these foreign like petitioners. Luxembourg, 81.67 to 94.93 percent for products were made below their The petitioners valued steel scrap Spain, 98.77 for the PRC, 133.12 percent respective COPs within the meaning of using Thai prices obtained from for Russia, and 45.72 to 73.64 percent section 773(b)(2)(A)(i) of the Act. publicly available information. The for Taiwan. Should the need arise to use Accordingly, the Department is petitioners valued labor using the any of this information in our initiating the requested country-wide Department’s regression-based wage rate preliminary or final determinations, we cost investigations for Germany, Italy, for Russia, in accordance with 19 CFR will re-examine the information and Spain, and Taiwan. With regard to 351.408(c)(3). The petitioners obtained revise the margin calculations, if Luxembourg, the Department is the value for electricity from a report appropriate. initiating a country-wide cost issued by Thailand’s National Energy investigation with respect to sales in Initiation of Cost Investigations Policy Office. The petitioners valued Germany. In the event that we natural gas using data based on a quote Pursuant to section 773(b) of the Act, determine that Germany is the published in the Bangkok Post. To the petitioners alleged that sales in the appropriate market upon which to base determine factory overhead, SG&A, and home market of structural steel beams normal value, we will conduct a COP profit, the petitioners relied on data produced in Germany, Italy, Spain, and investigation. from a Thai producer of steel products. Taiwan were made at prices below the Because the PRC is considered a NME cost of production (COP) and, Fair Value Comparisons country under section 771(18) of the accordingly, requested that the Based on the data provided by the Act, the petitioners based NV on the Department conduct country-wide sales- petitioners, there is reason to believe factors of production valued in a below-COP investigations in these that imports of structural steel beams surrogate country, in accordance with countries. Furthermore, the petitioners from the PRC, Germany, Italy, section 773(c)(3) of the Act. For alleged that sales in the third country Luxembourg, Russia, South Africa, purposes of the petition, the petitioners (Germany) of structural steel beams Spain, and Taiwan are being, or are selected India as the most appropriate produced in Luxembourg were made at likely to be, sold at less than fair value. surrogate market economy. The prices below the COP and, accordingly, petitioners calculated NV using publicly requested that the Department conduct Allegations and Evidence of Material available Indian prices to value all unit a country-wide sales-below-COP Injury and Causation costs associated with the factors of investigation in this country. The The petition alleges that the U.S. production. The petitioners established Statement of Administrative Action industry producing the domestic like estimates for per-unit consumption (‘‘SAA’’), submitted to Congress in product is being materially injured, and based on the production experience of connection with the Uruguay Round is threatened with material injury, by a U.S. producer of structural steel beams Agreements Act, states that an allegation reason of the individual and cumulated adjusted for known differences in the of sales below COP need not be specific imports of the subject merchandise sold PRC production process according to to individual exporters or producers. at less than NV. The allegations of information reasonably available to the SAA, H.R. Doc. No. 316, 103d Cong., 2d injury and causation are supported by petitioners. Sess., at 833 (1994). The SAA states at relevant evidence including business The petitioners valued steel scrap 833 that ‘‘Commerce will consider proprietary data from the petitioning using Indian prices obtained from allegations of below-cost sales in the firms and U.S. Customs import data. publicly available information aggregate for a foreign country, just as The Department assessed the allegations published in Metal Bulletin, and Commerce currently considers and supporting evidence regarding adjusted using the wholesale price allegations of sales at less than fair value material injury and causation and
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determined that these allegations are DEPARTMENT OF COMMERCE performed by the show organizer. sufficiently supported by accurate and Anyone who requests information adequate evidence and meet the International Trade Administration regarding applying will be sent a copy statutory requirements for initiation. [Docket No. 010612151–1151–01] of the MOU along with the application package. The services to be rendered by Initiation of Antidumping RIN 0625–XX25 DOC will be carried out by the Investigations Commercial Service. International Buyer Program; Support We have examined the petition on for Domestic Trade Shows DATES: Applications must be received structural steel beams and have found on or before August 20, 2001. that it meets the requirements of section AGENCY: International Trade Contributions are for shows selected 732 of the Act. Therefore, we are Administration, Commerce. and promoted during the period initiating antidumping duty ACTION: Notice and call for applications between October 1, 2002, and investigations to determine whether for the FY 2003 International Buyer September 30, 2003. imports of structural steel beams from Program (October 1, 2002 through ADDRESSES: Export Promotion Services/ the PRC, Germany, Italy, Luxembourg, September 30, 2003). International Buyer Program, Russia, South Africa, Spain, and Taiwan Commercial Service, International Trade SUMMARY: This notice sets forth are being, or are likely to be, sold in the Administration, U.S. Department of objectives, procedures and application United States at less than fair value. Commerce, 14th & Constitution Avenue, review criteria associated with the U.S. Unless the deadline is extended NW., H2116, Washington, DC 20230. Department of Commerce’s (DOC) Telephone: (202) 482–0146 (For pursuant to section 733(b)(1)(A) of the International Buyer Program (IBP), to Act, we will make our preliminary deadline purposes, facsimile or email support domestic trade shows. Selection applications will be accepted as interim determinations for the antidumping is for the International Buyer Program duty investigations no later than applications, to be followed by signed for Fiscal Year 2003 (October 1, 2002 original applications). October 30, 2001, which is 140 days through September 30, 2003). after the date of initiation. The International Buyer Program was FOR FURTHER INFORMATION CONTACT: Jim Boney, Product Manager, International Distribution of Copies of the Petitions established to bring international buyers together with U.S. firms by promoting Buyer Program, Room 2116, Export In accordance with section leading U.S. trade shows in industries Promotion Services, U.S. and Foreign 732(b)(3)(A) of the Act, a copy of the with high export potential. The Commercial Service, International Trade public version of each petition has been International Buyer Program emphasizes Administration, U.S. Department of provided to the representatives of the cooperation between the DOC and trade Commerce, 14th & Constitution Avenue, governments of the PRC, Germany, Italy, show organizers to benefit U.S. firms NW., Washington, DC 20230. Telephone Luxembourg, Russia, South Africa, exhibiting at selected events and (202) 482–0146; Fax: (202) 482–0115; Email: [email protected]. Spain, and Taiwan. We will attempt to provides practical, hands-on assistance provide a copy of the public version of such as export counseling and market SUPPLEMENTARY INFORMATION: The each petition to each exporter named in analysis to U.S. companies interested in Commercial Service is accepting the petition, as provided for under 19 exporting. The assistance provided to applications for the International Buyer CFR 351.203(c)(2). show organizers includes worldwide Program (IBP) for events taking place overseas promotion of selected shows to between October 1, 2002, and International Trade Commission potential international buyers, end- September 30, 2003. A contribution of Notification users, representatives and distributors. $6,000 for shows of five days or less is The worldwide promotion is executed required. For shows more than five days We have notified the ITC of our through the offices of the United States in duration, or requiring more than one initiations, as required by section 732(d) and Foreign Commercial Service International Business Center, a of the Act. (hereinafter referred to as the contribution of $8,000 is required. Preliminary Determinations by the ITC Commercial Service) in 74 countries Under the IBP, the Commercial representing America’s major trading Service seeks to bring together The ITC will determine by July 7, partners, and also in U.S. Embassies in international buyers with U.S. firms by 2001, whether there is a reasonable countries where the Commercial Service selecting and promoting domestic trade indication that imports of structural does not maintain offices. The shows in international markets in steel beams from the PRC, Germany, Department expects to select industries with high export potential. Italy, Luxembourg, Russia, South Africa, approximately 28 shows for FY2003 Selection of a trade show is one-time, Spain, and Taiwan are causing material from among applicants to the program. i.e., a trade show organizer seeking injury, or threatening to cause material Shows selected for the International selection for a recurring event must injury, to a U.S. industry. Negative ITC Buyer Program will provide a venue for submit a new application for selection determinations will result in the U.S. companies interested in expanding for each occurrence of the event. If the particular investigations being their sales into international markets. event occurs more than once in the 12- terminated; otherwise, the Successful applicants will be required month period covering this investigations will proceed according to to enter into a Memorandum of announcement, the trade show statutory and regulatory time limits. Understanding (MOU) that sets forth the organizer must submit a separate specific actions to be performed by the application for each event. Dated: June 12, 2001. show organizer and the DOC. The MOU The Commercial Service will select Bernard T. Carreau, constitutes an agreement between the approximately 28 events to support Acting Assistant Secretary for Import DOC and the show organizer specifying between October 1, 2002, through Administration. which services are to be rendered by September 30, 2003. The Commercial [FR Doc. 01–15545 Filed 6–19–01; 8:45 am] DOC as part of the IBP and, in turn, Service will select those events that, in BILLING CODE 3510–DS–P what responsibilities are agreed to be its judgment, most clearly meet the
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Commercial Service’s objective and exhibitors in receiving international DEPARTMENT OF DEFENSE selection criteria mentioned below. business visitors during the trade show. The Department selects events which A significant number of these exhibitors Department of the Navy it determines to be a leading should be new-to-export or seeking to international trade show appropriate for expand sales into additional Notice of Availability of Inventions for participation by U.S. exporting firms international markets. Licensing; Government-Owned and promotion in overseas markets by Inventions (f) Overseas Marketing: There has U.S. Embassies and Consulates. AGENCY: Department of the Navy, DOD. Selection does not constitute a been demonstrated effort made to guarantee by the U.S. Government of the market prior shows overseas. In ACTION: Notice. show’s success. Selection is not an addition, the applicant should describe in detail the international marketing SUMMARY: The inventions listed below endorsement of the show organizer are assigned to the United States except as to its international buyer program to be conducted for the event, explaining how efforts should increase Government as represented by the activities. Non-selection should not be Secretary of the Navy and are available viewed as a finding that the event will individual and group international attendance. for licensing by the Department of the not be successful in the promotion of Navy. U.S. exports. (g) Logistics: The trade show site, The following patents are available for Exclusions: Trade shows that are facilities, transportation services, and licensing: either first-time or horizontal (non- availability of accommodations are in U.S. Patent Number 6,038,995: industry specific) events will not be the stature of an international-class COMBINED WEDGE-FLAP FOR considered. Annual trade shows will trade show. IMPROVED SHIP POWERING.//U.S. not be selected for this program more (h) Cooperation: The applicant Patent Number 6,041,728: SHAPE than three times in any four-year period demonstrates a willingness to cooperate MEMORY ACTUATOR SYSTEM.//U.S. (e.g., shows selected for fiscal years with the Commercial Service to fulfill Patent Number 6,053,664: 2000, 2001 and 2002 are not eligible for ELASTOMERIC COMPOSITE BUMPER inclusion in this program in fiscal year the program’s goals and to adhere to target dates set out in the MOU and the SYSTEM AND METHOD FOR 2003, but can be considered in ABSORBING HIGH ENERGY IMPACT./ subsequent years). event timetable, both of which are available from the program office (see /U.S. Patent Number 6,055,924: FOIL General Selection Criteria ‘‘For Further Information’’ section above ASSISTED MARINE TOWING.//U.S. Those events will be selected that, in on when, where, and how to apply). Patent Number 6,059,618: VENTILATED the judgment of the Department, most Past experience in the IBP will be taken OUTBOARD MOTOR-MOUNTED clearly meet the following criteria: into account in evaluating current PUMPJET ASSEMBLY.//U.S. Patent (a) Export Potential: The products and applications to the program. Number 6,069,101: BORON CARBIDE/ SILICON CARBIDE CERAMICS.//U.S. services to be promoted at the trade Legal Authority: The Commercial show are from U.S. industries that have Patent Number 6,075,753: SYSTEM FOR Service has the legal authority to enter SIMULATION OF UNDERWATER high export potential, as determined by into the above-mentioned MOU with the DOC sources, i.e., best prospects lists EXPLOSION PRESSURE FIELDS.//U.S. show organizer under the provisions of Patent Number 6,076,480: FUEL and U.S. export statistics (certain the Mutual Educational and Cultural industries are rated as priorities by our STORING WATER BALLAST TANK Exchange Act of 1961, as amended (22 INTERNALLY STRUCTURED FOR domestic and international commercial U.S.C. 2455(f)). The statutory authority officers in their Country Commercial REDUCING RETENTION OF WATER for the Commercial Service to conduct AND OVERBOARD DISCHARGE OF Guides). the International Buyer Program is 15 (b) International Interest: The trade FUEL.//U.S. Patent Number 6,080,982: U.S.C. 4724. show meets the needs of a significant EMBEDDED WEAR SENSORS.//U.S. number of overseas markets and The Office of Management and Budget Patent Number 6,082,436: METHOD OF corresponds to marketing opportunities (OMB) has approved the information CENTRIFUGALLY CASTING as identified by the posts in their collection requirements of the REINFORCED COMPOSITE ARTICLES./ Country Commercial Guides (e.g. best application to this program under the /U.S. Patent Number 6,097,668: prospect lists). Previous international provisions of the Paperwork Reduction COMPONENT DEPLOYMENT MEANS attendance at the show may be used as Act of 1980 (44 U.S.C. 2501 et seq.) FOR ICE PENETRATING ACOUSTICS an indicator. (OMB Control No. 0625–0151). COMMUNICATION RELAY SYSTEM.// (c) Scope of the Show: The trade show Notwithstanding any other provision of U.S. Patent Number 6,101,963: RUDDER offers a broad spectrum of U.S.-made law, no person is required to respond to TAB FOR SUPPRESSION OF TIP products and/or services for the subject nor shall a person be subject to a VORTEX CAVITATION.//U.S. Patent industry. Trade shows with a majority penalty for failure to comply with a Number 6,105,716: VENTURI MUFFLER of United States businesses, as defined collection of information subject to the HAVING PLURAL NOZZLES.//U.S. in 15 U.S.C. 4724, will be given requirements of the Paperwork Patent Number 6,116,328: preference. Reduction Act unless that collection of FABRICATION OF TILE REINFORCED (d) Stature of the show: The trade information displays a currently valid COMPOSITE ARMOR CASTING.//U.S. show is clearly recognized by the OMB Control Number. Patent Number 6,127,130: industry it covers as a leading event for MULTIASSAY METHOD OF the promotion of that industry’s John Klingelhut, DETERMINING THE products and services, both Director, Office of Public/Private Initiatives, CONCENTRATIONS OF ANTIGENS domestically and internationally, and as U.S. and Foreign Commercial Service, AND INTERFERANTS.//U.S. Patent a showplace for the latest technology or International Trade Administration, U.S. Number 6,138,724: SHIPBOARD PAINT services in that industry or sector. Department of Commerce. DISPENSING SYSTEM.//U.S. Patent (e) Exhibitor Interest: There is [FR Doc. 01–15475 Filed 6–19–01; 8:45 am] Number 6,139,648: PRESTRESS demonstrated interest on the part of U.S. BILLING CODE 3510–FP–P IMPOSING TREATMENT OF
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MAGNETOSTRICTIVE MATERIAL.// Center Carderock Division, Code 0117, ADDRESSES: The Office of Technology U.S. Patent Number 6,150,974: 9500 MacArthur Boulevard, West Transfer, Naval Medical Research INFRARED TRANSPARENT RADAR Bethesda, MD 20817–5700, telephone Center, 503 Robert Grant Ave., Silver ANTENNA.//U.S. Patent Number Re. (301) 227–4299. Spring, MD 20910–7500, telephone 36,979: SURFACE CONFORMING (Authority: 35 U.S.C. 207, 37 CFR Part 404) (301) 319–7428. FLEXIBLE EDDY CURRENT PROBE Dated: June 8, 2001. FOR FURTHER INFORMATION CONTACT: Dr. FOR SCANNING VARYING SURFACE J.L. Roth, Charles Schlagel, Director, Office of CONTOURS.//U.S. Patent Number Technology Transfer, Naval Medical 6,159,060: PROTECTIVE SHROUDING Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Research Center, 503 Robert Grant Ave., WITH DEBRIS DIVERTING INFLOW Liaison Officer. Silver Spring, MD 20910–7500, VANES FOR PUMP-JET PROPULSION [FR Doc. 01–15447 Filed 6–19–01; 8:45 am] telephone (301) 319–7428 or E-Mail at UNIT.//U.S. Patent Number 6,164,411: [email protected]. SUPPRESSION OF ACOUSTIC CAVITY BILLING CODE 3810–FF–P RESONANCE INDUCED BY FLUID Dated: June 11, 2001. J.L. Roth, FLOW.//U.S. Patent Number 6,170,422: DEPARTMENT OF DEFENSE ATTACHMENT OF EQUIPMENT TO Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register COMPOSITE SANDWICH CORE Department of the Navy STRUCTURES.//U.S. Patent Number Liaison Officer. 6,171,159: STEERING AND BACKING Notice of Availability of Government- [FR Doc. 01–15448 Filed 6–19–01; 8:45 am] SYSTEMS FOR WATERJET CRAFT Owned Invention; Available for BILLING CODE 3810–FF–P WITH UNDERWATER DISCHARGE.// Licensing U.S. Patent Number 6,172,510: SYSTEM FOR DETECTION OF FLAWS BY USE AGENCY: Department of the Navy, DOD. DEPARTMENT OF EDUCATION OF MICROWAVE RADIATION.//U.S. ACTION: Notice. Office of Elementary and Secondary Patent Number 6,174,688: SUMMARY: The Department of the Navy MULTIASSAY METHOD FOR Education; Title I, Part C—Education of hereby gives notice of the general Migratory Children DETERMINING THE availability of exclusive or partially CONCENTRATIONS OF ANTIGENS exclusive licenses under the following AGENCY: Department of Education. AND INTERFERANTS.//U.S. Patent pending patent. Any license granted ACTION: Notice of funding level for fiscal Number 6,176,943: PROCESSING shall comply with 35 U.S.C. 209 and 37 year (FY) 2001 consortium incentive TREATMENT OF AMORPHOUS CFR part 404. Applications will be grants available under Part C of Title I MAGNETOSTRICTIVE WIRES.//U.S. evaluated utilizing the following of the Elementary and Secondary Patent Number 6,182,495: TEST criteria: (1) Ability to manufacture and Education Act of 1965. MACHINE FOR SIMULATION OF market the technology; (2) SHOCK WAVE INDUCED MOTION.// manufacturing and marketing ability; (3) SUMMARY: The Assistant Secretary for U.S. Patent Number 6,189,475: time required to bring technology to Elementary and Secondary Education PROPELLED CABLE FAIRING.//U.S. market and production rate; (4) reserves $2,300,000 for FY 2001 Patent Number 6,192,541: DYNAMIC royalties; (5) technical capabilities; and consortium incentive grant awards RAMP INTERFACE SYSTEM.//U.S. (6) small business status. authorized under section 1308(d) of Patent Number 6,196,107: EXPLOSIVE Patent application Serial Number 09/ Title I of the Elementary and Secondary CONTAINMENT DEVICE.//U.S. Patent 747,521 entitled ‘‘Methods for Education Act of 1965. (The FY 2001 Number 6,207,065: INTEGRATED Protection Against Lethal Infection with Appropriations Act for the Department LIQUID DISCHARGE SYSTEM.//U.S. Bacillus Anthracis’’ filed 21 December (P.L. 106–554) authorizes the Patent Number 6,208,268: VEHICLE 2000. The present invention relates to Department to reserve up to $3,000,000 PRESENCE, SPEED AND LENGTH the use selected genes from the for these grant awards, notwithstanding DETECTING SYSTEM AND ROADWAY pathogen Bacillus anthracis for the $1,500,000 ceiling in the authorizing INSTALLED DETECTOR THEREFOR.// constructing a plasmid or DNA-based statute). State educational agencies U.S. Patent Number 6,213,021: vaccine which can be used to immunize (SEAs) operating Migrant Education ELECTROMAGNETIC SEA MINE susceptible hosts against the pathogenic Programs (MEPs) are the only eligible DETONATION SYSTEM.//U.S. Patent effects of B. anthracis infection. entities for this formula grant program. Number 6,227,139: CONTROL TAB Moreover, the invention describes the Criteria for an SEA’s receipt of ASSISTED LIFT REDUCING SYSTEM protective effects of immunization with consortium incentive grants were FOR UNDERWATER HYDROFOIL DNA constructs encoding the Protective published in the Federal Register on SURFACE.//U.S. Patent Number Antigen (PA) or the Lethal Factor (LF) April 8, 1996 (61 FR 15670). 6,229,762: ACOUSTIC SENSOR FOR A and mutants thereof. Most importantly, FOR FURTHER INFORMATION CONTACT: Mr. POINT IN SPACE.//U.S. Patent Number: the invention describes the complete James English, U.S. Department of 6,235,541: PATTERNING ANTIBODIES protection of hosts following co- Education, 400 Maryland Avenue, SW., ON A SURFACE. immunization of a host with PA and LF Rm. 3E315, Washington, DC 20202– ADDRESSES: Requests for copies of the demonstrating a surprising synergistic 6135. Telephone: 202–260–1394. Email: patents cited should be directed to: effect. Lastly, the invention teaches the [email protected]. Individuals who Naval Surface Warfare Center Carderock use of the synergistic effect of PA and/ use a telecommunications device for the Division, Code 0117, 9500 MacArthur or LF genes for use as a general adjuvant deaf (TDD) may call the Federal Boulevard, West Bethesda, MD 20817– for co-immunization with other DNA or Information Relay System (FIRS) at 1– 5700, and must include the patent protein based vaccines. 800–877–8339. number. DATES: Applications for an exclusive or Individuals with disabilities may FOR FURTHER INFORMATION CONTACT: Mr. partially exclusive license may be obtain this document in an alternative Dick Bloomquist, Director, Technology submitted at any time from the date of format (e.g., Braille, large print, or Transfer Office, Naval Surface Warfare this notice. computer diskette) on request of the
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contact person listed in the preceding education; (2) State educational agency; (1) Improved scores on standardized paragraph. or (3) public or private non-profit tests; (2) improved math achievement; agency with a history of providing high- and (3) improved reading achievement. Electronic Access to This Document quality professional development Research has demonstrated a You may view this document, as well services to public schools. Only schools correlation between the development of as all other Department of Education where 75 percent or more of the musical ability and positive academic documents published in the Federal children served are from low-income and behavioral changes. Students, Register, in text or Adobe Portable families may receive services under this especially middle and high school Document Format (PDF) on the Internet program. Each school served through youth, are encouraged to express at the following site: www.ed.gov/ this program must submit evidence that themselves through music education. legislation/FedRegister. it meets the poverty criteria. Applicants Positive academic gains as well as To use PDF you must have Adobe may submit records kept for the purpose increased self-confidence, motivation, Acrobat Reader, which is available free of Title I of the ESEA that demonstrate and willingness to remain in school at this site. If you have questions about proof of eligibility for each school to be have been reported. In addition, using PDF, call the U.S. Government served. students participating in band and Printing Office (GPO), toll free, at 1– Note: The LEA must serve as the fiscal orchestra have exhibited: 888–293–6498; or in the Washington, agent for the program. (1) Increased facility in non-verbal DC area at (202) 512–1530. Applications Available: June 20, 2001. expression of ideas; (2) increased Note: The official version of this document Applications Must be Received By: utilization of a variety of problem- is the document published in the Federal August 6, 2001., solving skills; (3) greater success in Register. Free Internet access to the official Deadline for Intergovernmental collaborative learning environments; edition of the Federal Register and the Code Review: September 4, 2001. and (4) learning involving multiple of Federal Regulations is available on GPO Available Funds: approximately intelligences. Access at: http://www.access.gpo.gov/nara/ $2,000,000. While all students have musical index.html. Estimated Number of Awards: 7–10. ability, not all students are able to (Catalog of Federal Domestic Assistance Estimated Size of Awards: $100,000— develop fully their musical potential. Number 84.144, Migrant Education $250,000. Financially strapped school districts Coordination Program) Average size of Awards: $200,000. often cut or curtail arts education Program Authority: 20 U.S.C. 6398(d). Note: These estimates are projections for programs, including music programs. Dated: June 14, 2001. the guidance of potential applicants. The Professional development opportunities Thomas M. Corwin, Department is not bound by any estimates in for teachers are generally inadequate as this notice. The Administration is not Acting Deputy Assistant Secretary for well. Support for high-quality requesting funding for this program in FY professional development for music Elementary and Secondary Education. 2002. [FR Doc. 01–15555 Filed 6–19–01; 8:45 am] teachers would enable them to assist students, especially in high-poverty BILLING CODE 4000–01–M Project Period: 12 months. Applicable Regulations: The schools where funding deficits are most Education Department General severe, in developing their musical DEPARTMENT OF EDUCATION Administrative Regulations (EDGAR) in talents and abilities and in potentially 34 CFR parts 74, 75, 77, 79, 80, 81, 82, improving in other academic areas as [CFDA No.: 84.351–C] 85, 97, 98, and 99. well. E-Mail Notification of Intent to Apply The Professional Development for Program Purposes for Funding: The Department will be Music Educators Program able to develop a more efficient process The extent to which teachers have AGENCY: Department of Education. for reviewing grant applications if it has received substantial formal education in ACTION: Notice inviting applications for a better understanding of the number of their field directly affects their new awards for fiscal year (FY) 2001. entities that intend to apply for funding effectiveness in the classroom. Research under this competition. Therefore, the findings have established a clear Purpose of Program: The Professional Secretary strongly encourages each connection between teacher Development for Music Educators potential applicant to notify the qualifications and student performance. Program, funded under Subpart 1 of Part Department by e-mail that it intends to The fundamental characteristics of D of Title X of the Elementary and submit an application for funding. The effective professional development are Secondary Education Act, makes grants Secretary requests that this e-mail well documented, and studies continue to eligible entities for the development notification be sent no later than July to indicate that sustained, substantive of high-quality professional 20, 2001. The e-mail notification should teacher learning must take place if development programs for K–12 music be sent to Ms. Madeline Baggett at students are to learn to high standards. educators. Professional development [email protected]. Applicants In addition, teachers must have model programs based upon innovative that fail to provide this e-mail sufficient time to absorb and apply new methodologies or best practices will be notification may still apply for funding. knowledge in their classrooms. funded under this program. SUPPLEMENTARY INFORMATION: High-quality music education Eligible Applicants: A local programs are integrally linked to the educational agency (LEA), acting on Background qualifications of the music educators. behalf of an individual school or Participation in music education Students have a greater likelihood of schools where 75 percent or more of the programs fosters an appreciation of success when their teachers are children are from low-income families, music, creativity in expression, and qualified music professionals whose based on the poverty criteria described greater academic potential for all ongoing professional development in Title I Section 1113(a)(5) of the students. Recent studies have linked enables them to offer high-quality Elementary and Secondary Education student participation in music programs instruction linked to performance Act, in collaboration with at least one of to academic and potential academic standards. While adequate staff, the following: (1) Institution of higher benefits including: facilities, and equipment are important
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components of any successful music Education Provisions Act (GEPA), However, all of the application narrative education program, teacher however, allows the Secretary to exempt must be included in the narrative qualifications and continued rules governing the first competition section. If the narrative section of an professional growth opportunities are under a new or substantially revised application exceeds the page limitation, the factors that most directly affect program authority (20 U.S.C. the application will not be reviewed. (b) student achievement. 1232(d)(1)). Funding was provided for the projects funded under this priority Music content and achievement this new initiative in the Fiscal Year must budget for a two-day Project standards have been voluntarily 2001 Department of Education Directors’ meeting in Washington, DC. adopted in many States throughout the Appropriations Act, enacted in Selection Criteria country. Such standards help school December of 2000. Because this districts to establish student competition is the first competition The Secretary will use the following performance standards based upon the under the program, it therefore qualifies selection criteria in 34 CFR 75.210 to unique needs of, and desired outcomes as a new competitive grants program. evaluate applications under this for, the students in their communities. The Secretary, in accordance with competition. The maximum score for The development and implementation section 437(d)(1) of GEPA has decided each criterion is 100 points. The of standards-based music programs to forego public comment in order to maximum score for each criterion is enable music educators to assess and ensure timely grant awards. These rules indicated in parenthesis with the document the effectiveness of teaching will apply to the FY 2001 grant criterion. The criteria are as follows: strategies and materials in addition to competition only. student achievement. However, teachers (a) Significance (15 points) often need professional development on Coordination Requirement (1) The Secretary considers the how to implement music education A recipient of funds under this significance of the proposed project. standards for both music programs and program shall, to the extent possible, (2) In determining the significance of programs designed to integrate music coordinate projects assisted under this the proposed project, the Secretary into other subject areas. program with appropriate activities of considers the following factors: Further, high-quality professional public and private cultural agencies, (i) The extent to which the proposed development programs for music institutions, and organizations, project involves the development of educators should address and strive to including museums, arts education promising new strategies that build on, achieve: (1) Increased student learning associations, libraries, and theaters. or are alternatives to, existing strategies. and teacher effectiveness; (2) the (ii) The potential replicability of the development of strategies for meeting Absolute Priority proposed project or strategies, the needs of students who come from Under 34 CFR 75.105(c)(3), the including, as appropriate, the potential diverse cultural, linguistic, and Secretary gives an absolute priority to for implementation in a variety of socioeconomic backgrounds; (3) professional development programs settings. rigorous and sustained training designed for K–12 music teachers that (iii) The importance or magnitude of activities; (4) the intellectual and focus on: (1) The development, the results or outcomes likely to be leadership development of teachers; (5) enhancement, or expansion of attained by the proposed project, increased content knowledge for music standards-based music education especially improvements in teaching teachers; (6) the application of relevant programs; or (2) the integration of music and student achievement. innovations in technology in music instruction into other subject area (b) Quality of the Project Design (20 instruction; and (7) increased content. Funded projects will address Points) opportunities for teachers to share and and strive to achieve all aspects of high- discuss new methodologies or teaching quality professional development (1) The Secretary considers the strategies with their peers. programs as described under the quality of the project design of the At the end of the project period, Program Purposes section. proposed project. EDGAR (34 CFR 75.590) requires each Under 34 CFR 75.105(c)(3), the (2) In determining the quality of the grantee to submit a final program report. Secretary will fund under this project design, the Secretary considers The Department intends to utilize competition only applicants that meet the following factors: information from the final report to the absolute priority. (i) The extent to which the proposed determine which professional project represents an exceptional General Requirements development programs have the greatest approach for meeting the priority potential for improving teacher The following requirements must be established for the competition. expertise in, and ultimately student met for any application submitted under (ii) The extent to which the goals, performance in, music education. The this program: objectives, and outcomes to be achieved Department will disseminate (a) The program narrative is limited to by the proposed project are clearly information regarding successful no more than 40 pages using the specified and measurable. teaching methodologies or best practices following standards: (1) Each ‘‘page’’ is (iii) The quality of the methodology to that are developed, enhanced, or 8.5″ × 11″ (on one side only) with one be employed in the proposed project. expanded through this program to the inch margins (top, bottom, and sides); (c) Quality of Project Services 20 music education community and to the and (2) Double space (no more than Points) public in general. three lines per vertical inch) all text in the application narrative, including (1) The Secretary considers the Waiver of Proposed Rulemaking titles, headings, footnotes, quotations, quality of project services to be In accordance with the and captions, as well as all text in the provided by the proposed project. Administrative Procedure Act (5 U.S.C. application narrative, including titles, (2) In determining the quality of the 553), it is the practice of the Secretary headings, footnes, quotations, captions, services to be provided by the proposed to offer interested parties the as well as all text in charts, tables, project, the Secretary considers the opportunity to comment on proposed figures, and graphs. The page limit quality and sufficiency of strategies for rules. Section 437(d)(1) of the General applies to the narrative section only. ensuring equal access and treatment for
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eligible project participants who are (f) Quality of the Management Plan (10 Electronic Access to this Document members of groups that have points) You may view this document, as well traditionally been underrepresented (1) The Secretary considers the as all other Department of Education based on race, color, national origin, quality of the management plan for the documents published in the Federal gender, age, or disability. proposed project. Register, in text or Adobe Portable (3) In addition, the Secretary (2) In determining the quality of the Document Format (PDF) on the Internet considers the following factors: management plan for the proposed at the following site: www.ed.gov/ (i) The extent to which the services to project, the Secretary considers the legislation/FedRegister. be provided by the proposed project following factors: To use PDF you must have Adobe reflect up-to-date knowledge from (i) The adequacy of the management Acrobat Reader, which is available free research and effective practices. plan to achieve the objectives of the at this site. If you have questions about (ii) The extent to which the proposed project on time and within using the PDF, call the U.S. Government professional development services to be budget, including clearly defined Printing Office (GPO) toll free at 1–888– provided by the proposed project are of responsibilities, time lines, and 293–6498, or in the Washington, DC sufficient quality, intensity, and milestones for accomplishing project area at 202–512–1530. duration to lead to improvements in tasks. (ii) The adequacy of procedures for Note: The official version of this document practice among the recipients of those is the document published in the Federal ensuring continuous feedback and services. Register. Free Internet access to the official continuous improvement in the edition of the Federal Register and the Code (d) Quality of Project Personnel (10 operation of the proposed project. of Federal Regulations is available on GPO points) (iii) The extent to which the time Access at: Http://www.access.gpo.gov/nara/ commitments of the project director and index.html. (1) The Secretary considers the other key project personnel are quality of the personnel who will carry appropriate and adequate to meet the Program Authority: 20 U.S.C. 8091. out the proposed project. objectives of the proposed project. Dated: June 14, 2001. (2) In determining the quality of Thomas M. Corwin, project personnel, the Secretary (g) Quality of the Project Evaluation (15 points) Acting Deputy Assistant Secretary for considers the extent to which the Elementary and Secondary Education. applicant encourages applications for (1) The Secretary considers the [FR Doc. 01–15556 Filed 6–19–01; 8:45 am] employment from persons who are quality of the project evaluation. BILLING CODE 4000–01–U members of groups that have (2) In determining the quality of the traditionally been under represented project evaluation, the Secretary based on race, color, national origin, considers the following factors: gender, age, or disability. (i) The extent to which the methods DEPARTMENT OF ENERGY of evaluation include objective (3) In addition, the Secretary Federal Energy Regulatory performance measures that are clearly considers the following factors: Commission related to the intended outcomes of the (i) The qualifications, including project and will produce quantitative [Docket No. ER01–1635–000] relevant training and experience, of the and qualitative data to the extent project director; possible. AIG Energy Trading Inc.; Notice of (ii) The qualifications, including (ii) The extent to which the evaluation Issuance of Order relevant training and experience, of key will provide guidance about effective project personnel. strategies suitable for replication or June 14, 2001. (iii) The qualification, including testing in other settings. AIG Energy Trading Inc. (AIG) relevant training and experience, of submitted for filing a rate schedule project consultants or subcontractors. For Applications or Information under which AIG will engage in Contact wholesale electric power and energy (e) Adequacy of Resources (10 points) Madeline E. Baggett, U.S. Department transactions at market-based rates. AIG (1) The Secretary considers the of Education, 400 Maryland Avenue, also requested waiver of various adequacy of resources for the proposed SW., Washington, DC 20202–6140. Commission regulations. In particular, project. Telephone (202) 260–2502. Individuals AIG requested that the Commission grant blanket approval under 18 CFR (2) In determining the adequacy of who use a telecommunications device part 34 of all future issuances of resources for the proposed project, the for the deaf (TDD) may call the Federal securities and assumptions of liability Secretary considers the following Information Relay Service (FIRS) at 1– by AIG. factors: 800–877–8339. Individuals with disabilities may On May 24, 2001, pursuant to (i) The adequacy of support, including obtain this document in an alternative delegated authority, the Director, facilities, equipment, supplies, and format (e.g., Braille, large print, Division of Corporate Applications, other resources, from the lead applicant audiotape, or computer diskette) on Office of Markets, Tariffs and Rates, organization. request to the contact person listed in granted requests for blanket approval (ii) The extent to which the costs are the preceding paragraph. under Part 34, subject to the following: reasonable in relation to the number of Individuals with disabilities may Within thirty days of the date of the persons to be served and to the obtain a copy of the application package order, any person desiring to be heard anticipated results and benefits. in an alternative format also by or to protest the blanket approval of (iii) The potential for incorporation of contacting that person. However, the issuances of securities or assumptions of project purposes, activities or benefits Department is not able to reproduce in liability by AIG should file a motion to into the ongoing program of the agencies an alternative format the standards intervene or protest with the Federal or organizations involved in the project forms included in the application Energy Regulatory Commission, 888 at the end of Federal funding. package. First Street, NE., Washington, DC 20426,
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in accordance with Rules 211 and 214 Columbia states that the instant filing site at http://www.ferc.fed.us/efi/ of the Commission’s Rules of Practice is being made to comply with the order doorbell.htm. and Procedure (18 CFR 385.211 and on Remand in Docket No. CP95–218– Linwood A. Watson, Jr., 385.214). 002 (Remand Order) issued by the Acting Secretary. Absent a request to be heard in Commission on December 14, 2000. The [FR Doc. 01–15511 Filed 6–19–01; 8:45 am] opposition within this period, AIG is ‘‘Remand Order’’ revised the authorized to issue securities and Commission’s previous policy requiring BILLING CODE 6717–01–M assume obligations or liabilities as a pipelines to seek case-by-case approval guarantor, indorser, surety, or otherwise before acquiring offsystem capacity and DEPARTMENT OF ENERGY in respect of any security of another permitting new acquisitions of person; provided that such issuance or offsystem capacity by pipelines to be Federal Energy Regulatory assumption is for some lawful object made without pre-approval. In its order Commission within the corporate purposes of the denying clarification and rehearing applicant, and compatible with the issued April 12, 2001, in Docket No. public interest, and is reasonably [Docket No. RP01–455–000] CP95–218–004, the Commission necessary or appropriate for such Columbia Gulf Transmission purposes. clarified that pipelines intending to transport gas for others on acquired Company; Notice of Proposed Change The Commission reserves the right to in Gas Tariff require a further showing that neither offsystem capacity must receive a public nor private interests will be waiver of the ‘‘shipper must have title’’ June 14, 2000. policy prior to commencing the service. adversely affected by continued Take notice that on June 8, 2001, The Commission stated that a pipeline approval of AIG’s issuances of securities Columbia Gulf Transmission Company need not seek such waiver on case-by- or assumptions of liability. (Columbia Gulf) tendered for filing as case basis; rather it may make a single Notice is hereby given that the part of its FERC Gas Tariff, Second deadline for filing motions to intervene filing to amend its tariff to include a Revised Volume No. 1, the following or protests, as set forth above, is June 25, general statement that it will only revised tariff sheets, bearing a proposed 2001. transport for others using offsystem effective date of July 9, 2001: Copies of the full text of the Order are capacity pursuant to its existing tariff available from the Commission’s Public and rates and to request a generic Sixth Revised sheets No. 125 Reference Branch, 888 First Street, NE., First Revised Sheet No. 287 waiver of the ‘‘shipper must have title’’ Original Sheet No. 288 Washington, DC 20426. The order may policy. The purpose of the instant filing also be viewed on the Internet at is to include a general statement in Columbia Gulf states that the instant http://www.ferc.fed.us/online/rims.htm Columbia’s tariff and to request such filing is being made to comply with the (call 202–208–2222 for assistance). waiver. Order on Remand in docket No. CP95– Comments, protests, and interventions 218–002 (Remand Order) issued by the may be filed electronically via the Columbia states that copies of its Commission on December 14, 2000. The internet in lieu of papeer. See, 18 CFR filing have been mailed to all firm ‘‘Remand Order’’ revised the 385.2001(a)(1)(iii) and the instructions customers, interruptible customers, and commission’s previous policy requiring on the Commission’s web site at affected state commissions. pipelines to seek case-by-case approval http://www.ferc.fed.us/efi/doorbell.htm. Any person desiring to be heard or to before acquiring offsystem capacity and permitting new acquisitions of Linwood A. Watson, Jr., protest said filing should file a motion to intervene or a protest with the offsystem capacity by pipelines to be Acting Secretary. Federal Energy Regulatory Commission, made without pre-approval. In its order [FR Doc. 01–15517 Filed 6–19–01; 8:45 am] 888 First Street, NE., Washington, DC denying clarification and rehearing BILLING CODE 6717–01–M 20426, in accordance with sections issued April 12, 2001, in Docket No. 385.214 or 385.211 of the Commission’s CP95–218–004, the Commission clarified that pipelines intending to DEPARTMENT OF ENERGY Rules and Regulations. All such motions or protests must be filed in accordance transport gas for others on acquired Federal Energy Regulatory with section 154.210 of the offsystem capacity must receive a Commission Commission’s Regulations. Protests will waiver of the ‘‘shipper must have title’’ policy prior to commencing the service. be considered by the Commission in The Commission stated that a pipeline determining the appropriate action to be [Docket No. RP01–454–000] need not seek such waiver on a case-by- taken, but will not serve to make Columbia Gas Transmission case basis; rather it may make a single protestants parties to the proceedings. filing to amend its tariff to include a Corporation; Notice of Proposed Any person wishing to become a party Changes in FERC Gas Tariff general statement that it will only must file a motion to intervene. Copies transport for other using offsystem June 14, 2001. of this filing are on file with the capacity pursuant to its existing tariff Take notice that on June 8, 2001, Commission and are available for public and rates and to request a generic Columbia Gas Transmission Corporation inspection in the Public Reference waiver of the ‘‘shipper must have title’’ (Columbia) tendered for filing as part of Room. This filing may be viewed on the policy. The purpose of the instant filing its FERC Gas Tariff, Second Revised web at http://www.ferc.fed.us/online/ is to include general statement in Volume No. 1, the following revised rims.htm (call 202–208–2222 for Columbia Gulf’s tariff and to request tariff sheets, bearing a proposed assistance). Comments, protests, and such waiver. effective date of July 9, 2001: interventions may be filed electronically Columbia Gulf states further that Tenth Revised Sheet No. 262 via the internet in lieu of paper. See, 18 copies of this filing have been mailed to First Revised Sheet No. 487 CFR 385.2001(a)(1)(iii) and the all of its customers and affected state Original Sheet No. 488 instructions on the Commission’s web regulatory commissions.
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Any person desiring to be heard or to Copies of the filings were served on Within thirty days of the date of the protest said filing should file a motion the affected customers and on the order, any person desiring to be heard to intervene or a protest with the parties designated on the official service or to protest the blanket approval of Federal Energy Regulatory Commission, list. issuances of securities or assumptions of 888 First Street, NE., Washington, DC Any person desiring to be heard or to liability by Entergy Nuclear should file 20426, in accordance with sections protest such filing should file a motion a motion to intervene or protest with the 385.214 or 385.211 of the Commission’s to intervene or protest with the Federal Federal Energy Regulatory Commission, Rules and Regulations. All such motions Energy Regulatory Commission, 888 888 First Street, NE., Washington, DC or protests must be filed in accordance First Street, NE., Washington, DC 20426, 20426, in accordance with Rules 211 with section 154.210 of the in accordance with Rules 211 and 214 and 214 of the Commission’s Rules and Commission’s Regulations. Protests will of the Commission’s Rules of Practice Practice and Procedure (18 CFR 385.211 be considered by the Commission in and Procedure (18 CFR 385.211 and and 385.214). determining the appropriate action to be 385.214). All such motions and protests Absent a request to be heard in taken, but will not serve to make should be filed on or before June 28, opposition within this period, Entergy protestants parties to the proceedings. 2001. Protests will be considered by the Nuclear is authorized to issue securities Any person wishing to become a party Commission to determine the and assume obligations or liabilities as must file a motion to intervene. Copies appropriate action to be taken, but will a guarantor, indorser, surety, or of this filing are on file with the not serve to make protestants parties to otherwise in respect of any security of Commission and are available for public the proceedings. Any person wishing to another person; provided that such inspection in the Public Reference become a party must file a motion to issuance or assumption is for some Room. This filing may be viewed on the intervene. Copies of this filing are on lawful object within the corporate web at http:///www.ferc.fed.us/ file with the Commission and are purposes of the applicant and online.rims.htm (call 202–208–2222 for available for public inspection. This compatible with the public interest, and assistance). Comments, protests, and filing may also be viewed on the is reasonably necessary or appropriate interventions may be filed electronically Internet at http://www.ferc.fed.us/ for such purposes. via the internet in lieu of paper. See, 18 online/rims.htm (call 202–208–2222 for The Commission reserves the right to CFR 385.2001(a)(1)(iii) and the assistance). Comments, protests and require a further showing that neither instructions on the Commission’s web interventions may be filed electronically public nor private interests will be site at http:///www.ferc.fed.us/efi/ via the internet in lieu of paper. See 18 adversely affected by continued doorbell.htm. CFR 385.2001(a)(1)(iii) and the approval of Entergy Nuclear’s issuances instructions on the Commission’s web of securities or assumptions of liability. Linwood A. Watson, Jr., site at http://www.ferc.fed.us/efi/ Notice is hereby given that the Acting Secretary. doorbell.htm. deadline for filing motions to intervene [FR Doc. 01–15512 Filed 6–19–01; 8:45 am] or protests, as set forth above, is June 25, David P. Boergers, BILLING CODE 6717–01–M 2001. Secretary. Copies of the full text of the Order are [FR Doc. 01–15457 Filed 6–19–01; 8:45 am] available from the Commission’s Public DEPARTMENT OF ENERGY BILLING CODE 6717–01–M Reference Branch, 888 First Street, NE., Washington, DC 20426. The Order may Federal Energy Regulatory also be viewed on the Internet at Commission DEPARTMENT OF ENERGY http://www.ferc.fed.us/online/rims.htm [Docket No. ER01–2171–000] (call 202–208–2222 for assistance). Federal Energy Regulatory Comments, protests, and interventions Commission Commonwealth Edison Co.; Notice of may be filed electronically via the Filing [Docket No. ER01–1721–000] internet in lieu of paper. See, 18 CFR June 13, 2001. 385.2001(a)(1)(iii) and the instructions Entergy Nuclear Indian Point 2, LLC; on the Commission’s web site at Take notice that on June 7, 2001, Notice of Issuance of Order Commonwealth Edison Company http://www.ferc.fed.us/efi/doorbell.htm. (ComEd) submitted for filing two errata June 14, 2001. Linwood A. Watson, Jr., to its May 30, 2001 filing in Docket No. Entergy Nuclear Indian Point 2, LLC Acting Secretary. ER01–2171–000 of Service Agreements (Entergy Nuclear) submitted for filing a [FR Doc. 01–15516 Filed 6–19–01; 8:45 am] rate schedule under which Entergy with EnergyUSA–TPC Corp., Ameren BILLING CODE 6717–01–M Energy, Inc. and Conoco Gas & Power Nuclear will engage in wholesale Marketing, a Division of Conoco, Inc. electric power and energy transactions (CONC). Specifically, ComEd corrected at market-based rates. Entergy Nuclear DEPARTMENT OF ENERGY a typo in its transmittal to clarify that it also required waiver of various is requesting a May 1, 2001 effective Commission regulations. In particular, Federal Energy Regulatory date for the Service Agreements filed on Entergy Nuclear requested that the Commission Commission grant blanket approval May 30, 2001 in Docket No. ER01– [Docket No. RP01–453–000] 2171–000. under 18 CFR part 34 of all futures ComEd notes that the requested May issuances of securities and assumptions Granite State Gas Transmission; 1, 2001 effective date was correctly of liability by Entergy Nuclear. Notice of Proposed Changes In FERC indicated on its Order 614 designations On May 24, 2001, pursuant to Gas Tariff and the Notice of Filing that were delegated authority, the Director, submitted as part of its May 30, 2001 Division of Corporate Applications, June 14, 2001. filing. ComEd also corrected the order of Office of Markets, Tariffs and Rates, Take notice that on June 8, 2001, an Order 614 designation and one of the granted requests for blanket approval Granite State Gas Transmission (Granite CONC Service Agreements. under part 34, subject to the following: State) tendered for filing as part of its
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FERC Gas Tariff, Second Revised CFR 385.2001(a0(1)(iii) and the DEPARTMENT OF ENERGY Volume No. 1, the following revised instructions on the Commission’s web tariff sheets, a proposed effective date of site at http://www.ferc.fed.us/efi/ Federal Energy Regulatory July 9, 2001: doorbell.htm. Commission Third Revised Sheet No. 200A Linwood A. Watson, Jr., Original Sheet No. 339A [Docket No. RP96–272–032] Acting Secretary. Granite State states that the instant [FR Doc. 01–15510 Filed 6–19–01; 8:45 am] Northern Natural Gas Company; Notice filing is being made to comply with the BILLING CODE 6717–01–M of Proposed Changes in FERC Gas Order on Remand in Docket No. CP95– Tariff 218–002 (Remand Order) issued by the Commission on December 14, 2000. The DEPARTMENT OF ENERGY June 14, 2001. ‘‘Remand Order’’ revised the Take notice that on June 11, 2001, Commission’s previous policy requiring Federal Energy Regulatory Northern Natural Gas Company pipelines to seek case-by-case approval Commission (Northern) tendered for filing to become before acquiring offsystem capacity and part of Northern’s FERC Gas Tariff, Fifth [Docket No. RP01–438–001] permitting new acquisitions of Revised Volume No. 1, the following offsystem capacity by pipelines to be Kinder Morgan Interstate Gas tariff sheets, proposed to become made without pre-approval. In its order effective on June 12, 2001: denying clarification and rehearing Transmission LLC; Notice of Tariff issued April 12, 2001, in Docket No. Filing Twentieth Revised Sheet No. 66 Eleventh Revised Sheet No. 66A CP95–218–004, the Commission June 14, 2001. clarified that pipelines intending to Take notice that on June 11, 2001, Northern states that the above sheets transport gas for others on acquired off Kinder Morgan Interstate Gas are being filed to implement a specific system capacity must receive a waiver Transmission LLC (KMIGT) tendered for negotiated rate transaction with Kaztex of the ‘‘shipper must have title’’ policy filing as part of its FERC Gas Tariff, Energy Management, Inc. in accordance prior to commencing the service. The Fourth Revised Volume No. 1–A, the with the Commission’s Policy Statement Commission stated that a pipeline need following tariff sheet, to be effective July on Alternatives to Traditional Cost-of not seek such waiver on a case-by-case 1, 2001: Service Ratemaking for Natural Gas basis; rather it may make a single filing Pipelines. to amend its tariff to include a general Substitute Original Sheet No. 1480 Northern further states that copies of statement that it will only transport for KMIGT states that this tariff sheet is the filing have been mailed to each of others using off system capacity being submitted to clarify language in its customers and interested State pursuant to its existing tariff and rates the original filing in this docket. Commissions. and to request a generic waiver of the KMIGT states that a copy of this filing Any person desiring to be heard or to ‘‘shipper must have title’’ policy. The has been served upon all KMIGT protest said filing should file a motion purpose of the instant filing is to customers and interested state to intervene or a protest with the include a general statement in Granite commissions. Federal Energy Regulatory Commission, State’s tariff and to request such waiver. Any person desiring to protest said 888 First Street, NE., Washington, DC Granite State states that copies of its filing should file a protest with the 20426, in accordance with sections filing have been mailed to all firm Federal Energy Regulatory Commission, 385.214 or 385.211 of the Commission’s customers, interruptible customers and 888 first Street, NE., Washington, DC Rules and Regulations. All such motions affected state commissions. 20426, in accordance with section or protests must be filed in accordance Any person desiring to be heard or to 385.211 of the Commission’s Rules and with section 154.210 of the protest said filing should file a motion Regulations. All such protests must be Commission’s Regulations. Protests will to intervene or a protect with the filed in accordance with section 154.210 be considered by the Commission in Federal Energy Regulatory Commission, of the Commission’s Regulations. determining the appropriate action to be 888 First Street, NE., Washington, DC Protests will be considered by the taken, but will not serve to make 20426, in accordance with sections Commission in determining the protestants parties to the proceedings. 385.214 or 385.211 of the Commission’s appropriate action to be taken, but will Any person wishing to become a party Rules and Regulations. All such motions not serve to make protestants parties to must file a motion to intervene. Copies or protests must be filed in accordance the proceedings. Copies of this filing are of this filing are on file with the with section 154.210 of the on file with the Commission and are Commission and are available for public Commission’s Regulations. Protests will available for public inspection in the inspection in the Public Reference be considered by the Commission in Public Reference Room. This filing may Room. This filing may be viewed on the determining the appropriate action to be be viewed on the web at http:// web at http://www.ferc.fed.us/online/ taken, but will not serve to make www.ferc.fed.us/online/rims.htm (call rims.htm (call 202–208–2222 for protestants parties to the proceedings. 202–208–2222 for assistance). assistance). Comments, protests, and Any person wishing to become a party Comments, protests and interventions interventions may be filed electronically must file a motion to intervene. Copies may be filed electronically via the via the internet in lieu of paper. See, 18 of this filing are on file with the internet in lieu of paper. See, 18 CFR CFR 385.2001(a)(1)(iii) and the Commission and are available for public 385.2001(a)(1)(iii) and the instructions instructions on the Commission’s web inspection in the Public Reference on the Commission’s web site at site at http://www.ferc.fed.us/efi/ Room. This filing may be viewed on the http://www.ferc.fed.us/efi/doorbell.htm. doorbell.htm. web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for Linwood A. Watson, Jr., Linwood A. Watson, Jr., assistance). Comments, protests and Acting Secretary. Acting Secretary. interventions may be filed electronically [FR Doc. 01–15501 Filed 6–19–01; 8:45 am] [FR Doc. 01–15506 Filed 6–19–01; 8:45 am] via the internet in lieu of paper. Sec. 18 BILLING CODE 6717–01–M BILLING CODE 6717–01–M
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DEPARTMENT OF ENERGY in Room 2A and may also be viewed on INTERVENE,’’ as applicable, and Project the web at No. 2342–012. Federal Energy Regulatory http://www.ferc.fed.us/online/rims.htm Comments, protests and interventions Commission (please call (202) 208–2222 for may be filed electronically via the [Project No. 696–012] assistance). internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions Linwood A. Watson, Jr., PacifiCorp; Notice of Petition for on the Commission’s web site at http:/ Acting Secretary. Declaratory Order /www.ferc.fed.us/efi/doorbell.htm. [FR Doc. 01–15521 Filed 6–19–01; 8:45 am] Send the filings (original and 8 June 14, 2001. BILLING CODE 6777–01–M copies) to: David P. Boergers, Secretary, On March 15, 2001, PacifiCorp filed a Federal Energy Regulatory Commission, petition for declaratory order regarding 888 First Street, NE., Washington, DC DEPARTMENT OF ENERGY the American Fork Hydroelectric Project 20426. Copies of the petition for No. 6967. PacifiCorp requests that the declaratory order are on file with the Commission issue a declaratory order Federal Energy Regulatory Commission Commission and are available for public finding that PacifiCorp, as licensee of inspection in Room 2A and may be the American Fork Hydroelectric [Project No. 2342–012] viewed on the web at Project, enjoys a ‘‘perpetual license’’ for http/://www.ferc.fed.us/online/ PacifiCorp; Notice of Petition for the project, and that consequently it is rims.htm (please call (202) 208–2222 for Declaratory Order unnecessary for PacifiCorp to seek a assistance). new license for the project.1 PacifiCorp June 14, 2001. asserts that issuance of a declaratory Linwood A. Watson, Jr., On June 1, 2001, PacifiCorp filed a order is necessary in order to resolve Acting Secretary. petition for declaratory order regarding uncertainty regarding whether a new the Condit Hydroelectric Project No. [FR Doc. 01–15522 Filed 6–19–01; 8:45 am] license is required for continued 2343. PacifiCorp requests the BILLING CODE 6717–01–M operation of the project. Any person desiring to be heard or to Commission to issue a declaratory order finding that the Commission has protest the petition should file DEPARTMENT OF ENERGY comments, a protest, or motion to jurisdiction to entertain and grant the intervene in accordance with the relief requested in PacifiCorp’s pending Federal Energy Regulatory requirements of the Commission’s Rules application for Amendment of License Commission and Approval of Offer of Settlement of Practice and Procedure, 18 CFR [Docket No. RP01–451–000] 385.210, 385.211 and 385.214. In which was filed with the Commission determining the appropriate action to be on October 21, 1999. Specifically, PacifiCorp seeks a determination to Panhandle Eastern Pipe Line taken, the Commission will consider all Company; Notice of Proposed protests and other comments, but only clarify whether the Commission has the authority to extend the term of its Changes in FERC Gas Tariff those who file a motion to intervene original license through 2006 and to may become parties to the proceeding. June 14, 2001. incorporate into the license terms and Comments, protests, or motions to Take notice that on June 8, 2001, conditions relating to project intervene must be filed by within 30 Panhandle Eastern Pipe Line Company decommissioning and removal of days following publication of this notice (Panhandle) tendered for filing as part of project facilities upon expiration of the in the Federal Register and must bear in its FERC Gas Tariff, First Revised extended license.1 all capital letters the title Volume No. 1, Eighth Revised No. 339, Any person desiring to be heard or to to be effective July 8, 2001. ‘‘COMMENTS,’’ ‘‘PROTEST,’’ or protest the petition should file ‘‘MOTION TO INTERVENE,’’ as Panhandle states that the purpose of comments, protests, or motions to this filing is to add a general statement applicable, and Project No. 696–012. intervene in accordance with the Comments, protests and interventions in Section 27.7 of the General Terms requirements of the Commission’s Rules may be filed electronically via the and Conditions to address the ‘‘shipper of Practice and Procedure, 18 CFR internet in lieu of paper. See, 18 CFR must have title’’ rule and state that 385.210, 385.211 and 385.214. In 385.2001(a)(1)(iii) and the instructions Panhandle will only provide service for determining the appropriate action to be on the Commission’s web site at http:/ others utilizing capacity acquired on taken, the Commission will consider all /www.ferc.fed.us/efi/doorbell.htm. another pipeline (off-system capacity) Send the filings (original and 8 protests and comments, but only those pursuant to its existing rates and tariff. copies) to: The Secretary, Federal who file a motion to intervene may Panhandle requests that the Energy Regulatory Commission, 888 become parties to the proceeding. Commission grant a generic waiver of First Street, NE., Washington, DC 20426. Comments, protests, or motions to the ‘‘shipper must hold title’’ policy for Copies of the petition for declaratory intervene must be filed within 30 days any future service that Panhandle may order are on file with the Commission from publication of this notice in the provide utilizing off-system capacity. and are available for public inspection Federal Register and must bear in all Panhandle states that copies of this capital letters the title ‘‘COMMENTS,’’ filing are being served on all affected 1 The original license for the project was issued ‘‘PROTEST,’’ or ‘‘MOTION TO customers and interested state to PacifiCorp’s predecessor, Utah Power & Light regulatory agencies. Company, on November 24, 1975. PacificCorp 1 The original license for the project was issued timely filed an application for a new license in to PacifiCorp’s predecessor, Pacific Power and Light Any person desiring to be heard or to October 1998, two years before October 31, 2000, Company on December 20, 1968. PacifiCorp timely protest said filing should file a motion the expiration date for its original license. By notice filed an application for new license in December to intervene or a protest with the issued November 14, 2000, the Commission issued 1991, two years before the December 31, 1993 Federal Energy Regulatory Commission, PacificCorp an annual license for the project, and expiration date for its original license. Since project operations are continuing pursuant to expiration of the original license, project operations 888 First Street, NE., Washington, DC annual license, pending disposition of the relicense have continued pursuant to annual license, pending 20426, in accordance with sections application. disposition of the relicense application. 385.214 or 385.211 of the Commission’s
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Rules and Regulations. All such motions appropriate action to be taken, but will determining the appropriate action to be or protests must be filed in accordance not serve to make protestants parties to taken, but will not serve to make with section 154.210 of the the proceedings. Copies of this filing are protestants parties to the proceedings. Commission’s Regulations. Protests will on file with the Commission and are Any person wishing to become a party be considered by the Commission in available for public inspection in the must file a motion to intervene. Copies determining the appropriate action to be Public Reference Room. This filing may of this filing are on file with the taken, but will not serve to make be viewed on the web at http:// Commission and are available for public protestants parties to the proceedings. www.ferc.fed.us/online/rims.htm (call inspection in the Public Reference Any person wishing to become a party 202–208–2222 for assistance). Room. This filing may be viewed on the must file a motion to intervene. Copies Comments, protests and interventions web at http://www.ferc.fed.us/online/ of this filing are on file with the may be filed electronically via the rims.htm (call 202–208–2222 for Commission and are available for public internet in lieu of paper. See, 18 CFR assistance). Comments, protests, and inspection in the Public Reference 385.2001(a)(1)(iii) and the instructions interventions may be filed electronically Room. This filing may be viewed on the on the Commission’s web site at via the internet in lieu of paper. See, 18 web at http://www.ferc.fed.us/online/ http://www.ferc.fed.us/efi/doorbell.htm. CFR 385.2001(a)(1)(iii) and the rims.htm (call 202–208–2222 for instructions on the Commission’s web Linwood A. Watson, Jr., assistance). Comments, protests, and site at http://www.ferc.fed.us/efi/ interventions may be filed electronically Acting Secretary. doorbell.htm. via the internet in lieu of paper. See, 18 [FR Doc. 01–15508 Filed 6–19–01; 8:45 am] Linwood A. Watson, Jr., CFR 185.2001(a)(1)(iii) and the BILLING CODE 6717–01–M instructions on the Commission’s web Acting Secretary. site at http://www.ferc.fed.us/efi/ [FR Doc. 01–15502 Filed 6–19–01; 8:45 am] doorbell.htm. DEPARTMENT OF ENERGY BILLING CODE 6717–01–M Linwood A. Watson, Jr., Federal Energy Regulatory Acting Secretary. Commission DEPARTMENT OF ENERGY [FR Doc. 01–15509 Filed 6–19–01; 8:45 am] [Docket No. RP01–449–000] Federal Energy Regulatory BILLING CODE 6717–01–M Sea Robin Pipeline Company; Notice Commission of Proposed Changes in FERC Gas [Docket No. RP01–450–000] DEPARTMENT OF ENERGY Tariff Southwest Gas Storage Company; Federal Energy Regulatory June 14, 2001. Notice of Proposed Changes in FERC Commission Take notice that on June 8, 2001, Sea Gas Tariff Robin Pipeline Company (Sea Robin) [Docket No. RP01–400–001] tendered for filing as part of its FERC June 14, 2001. PG&E Gas Transmission, Northwest Gas Tariff, First Revised Volume No. 1, Take notice that on June 8, 2001, Corporation; Notice of Tariff Filing Third Revised Sheet No. 49, to be Southwest Gas Storage Company effective July 8, 2001. (Southwest) tendered for filing as part of June 14, 2001. Sea Robin states that the purpose of its FERC Gas Tariff, First Revised Take notice that on June 7, 2001, this filing is to add a general statement Volume No. 1, Second Revised Sheet PG&E Gas Transmission, Northwest in section 14.1 of the General Terms and No. 147, to be effective July 8, 2001. Corporation (GTN) tendered for filing as Conditions to address the ‘‘shipper must Southwest states that the purpose of part of its FERC Gas Tariff, First Revised have title’’ rule and state that Sea Robin this filing is to add a general statement Volume No. 1–A, substitute tariff sheets will only provide service for others in section 17.6 of the General Terms and intended to address certain issues raised utilizing capacity acquired on another Conditions to address the ‘‘shipper must by the Commission in its June 1, 2001 piepline (off-system capacity) pursuant have title’’ rule and state that Southwest Order in this docket. to its existing rates and tariff. Sea Robin will only provide service for others GTN’s filing provides further requests that the Commission grant a utilizing capacity acquired on another clarification and explanation as generic waiver of the ‘‘shipper must pipeline (off-system capacity) pursuant requested by the Commission. GTN hold title’’ policy for any future service to its existing rates and tariff. Southwest requests that the original, revised and that Sea Robin may provide utilizing requests that the Commission grant a substitute tariff sheets filed in this off-system capacity. generic waiver of the ‘‘shipper must docket become effective July 1, 2001. Sea Robin states that copies of this hold title’’ policy for any future service GTN further states that a copy of this filing are being served on all affected that Southwest may provide utilizing filing has been served on GTN’s customers and interested state off-system capacity. jurisdictional customers and interested regulatory agencies. Southwest states that copies of this state regulatory agencies. Any person desiring to be heard or to filing are being served on all affected Any person desiring to protest said protest said filing should file a motion customers and interested state filing should file a protest with the to intervene or a protest with the regulatory agencies. Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, Any person desiring to be heard or to 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC protest said filing should file a motion 20426, in accordance with section 20426, in accordance with sections to intervene or a protest with the 385.211 of the Commission’s Rules and 385.214 or 385.211 of the Commission’s Federal Energy Regulatory Commission, Regulations. All such protests must be Rule and Regulations. All such motions 888 First Street, NE., Washington, DC filed in accordance with section 154.210 or protests must be filed in accordance 20426, in accordance with sections of the Commission’s Regulations. with section 154.210 of the 385.214 or 385.211 of the Commission’s Protests will be considered by the Commission’s Regulations. Protests will Rules and Regulations. All such motions Commission in determining the be considered by the Commission in or protests must be filed in accordance
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with section 154.210 of the 385.214 or 385.211 of the Commission’s Lateral Service Agreement to be Commission’s Regulations. Protests will Rules and Regulations. All such motions effective on their respective be considered by the Commission in or protests must be filed in accordance commencement dates. Tennessee also determining the appropriate action to be with section 154.210 of the requests that the Commission find that taken, but will not serve to make Commission’s Regulations. Protests will a June 5, 2001 Gas Transportation protestants parties to the proceedings. be considered by the Commission in Agreement, between eCORP and Any person wishing to become a party determining the appropriate action to be Tennessee (‘‘eCORP Agreement’’) does must file a motion to intervene. Copies taken, but will not serve to make not contain any material deviation from of this filing are on file with the protestants parties to the proceedings. Tennessee’s pro forma FT–A Service Commission and are available for public Any person wishing to become a party Agreement. Alternatively, if the inspection in the Public Reference must file a motion to intervene. Copies Commission finds that the eCORP Room. This filing may be viewed on the of this filing are on file with the Agreement contains a material web at http://www.ferc.fed.us/online/ Commission and are available for public deviation, Tennessee requests that the rims.htm (call 202–208–2222 for inspection in the Public Reference Commission approve the eCORP assistance). Comments, protests, and Room. This filing may be viewed on the Agreement. interventions may be filed electronically web at http://www.ferc.fed.us/online/ Any person desiring to be heard or to via the internet in lieu of paper. See, 18 rims.htm (call 202–208–2222 for protest said filing should file a motion CFR 385.2001(a)(1)(iii) and the assistance). Comments, protests and to intervene or a protest with the instructions on the Commission’s web interventions may be filed electronically Federal Energy Regulatory Commission, site at http://www.ferc.fed.us/efi/ via the internet in lieu of paper. See, 18 888 First Street, NE., Washington, DC doorbell.htm. CFR 385.2001(a)(1)(iii) and the 20426, in accordance with sections Linwood A. Watson, Jr., instructions on the Commission’s web 385.214 or 385.211 of the Commission’s Acting Secretary. site at http://www.ferc.fed.us/efi/ Rules and Regulations. All such motions doorbell.htm. or protests must be filed in accordance [FR Doc. 01–15503 Filed 6–19–01; 8:45 am] with section 154.210 of the BILLING CODE 6717–01–M Linwood A. Watson, Jr., Commission’s Regulations. Protests will Acting Secretary. be considered by the Commission in [FR Doc. 01–15504 Filed 6–19–01; 8:45 am] DEPARTMENT OF ENERGY determining the appropriate action to be BILLING CODE 6717–01–M taken, but will not serve to make Federal Energy Regulatory protestants parties to the proceedings. Commission Any person wishing to become a party DEPARTMENT OF ENERGY must file a motion to intervene. Copies [Docket No. RP01–456–000] Federal Energy Regulatory of this filing are on file with the Tennessee Gas Pipeline Company; Commission Commission and are available for public Notice of Proposed Changes in FERC inspection in the Public Reference Gas Tariff [Docket Nos. RP96–312–055 and CP00–65– Room. This filing may be viewed on the 004] web at http://www.ferc.fed.us/online/ June 14, 2001. rims.htm (call 202–208–2222 for Tennessee Gas Pipeline Company; Take notice that on June 11, 2001, assistance). Comments, protests, and Notice of Negotiated Rate and Tennessee Gas Pipeline Company interventions may be filed electronically Compliance Filing (Tennessee) tendered for filing as part of via the internet in lieu of paper. See, 18 its FERC Gas Tariff, Fifth Revised June 14, 2001. CFR 385.2001(a)(1)(iii) and the Volume No. 1, the following tariff Take notice that on June 11, 2001, instructions on the Commission’s web sheets, with an effective date of July 11, pursuant to Section 4 of the Natural Gas site at http://www.ferc.fed.us/efi/ 2001: Act, Part 154 of the Regulations of the doorbell.htm. Ninth Revised Sheet No. 301 Federal Energy Regulatory Commission, Linwood A. Watson, Jr., Second Revised Sheet No. 368 18 CFR Part 154 and the Commission’s Acting Secretary. February 23, 2001 Order Issuing Tennessee states that the revised tariff [FR Doc. 01–15507 Filed 6–19–01; 8:45 am] sheets are being filed to modify Certificates and Authorizing BILLING CODE 6717–01–M Tennessee’s tariff to provide for a Abandonment in Docket No. CP00–65, general waiver of the ‘‘shipper must Tennessee Gas Pipeline Company have title rule’’ in the event that (Tennessee), tendered for filing and DEPARTMENT OF ENERGY Tennessee is transporting gas for others approval (1) a Gas Transportation on acquired off-system capacity and to Agreement between Tennessee and Federal Energy Regulatory include a general statement that eCORP Marketing, L.L.C. (eCORP) Commission Tennessee will only transport for others pursuant to Tennessee’s Rate Schedule FT–A for service on Tennessee’s using off-system capacity pursuant to its [Docket No. GT01–17–001] existing tariff and rates. mainline system (Mainline Service Tennessee states that copies of the Agreement); and (2) a Gas Tennessee Gas Pipeline; Notice of filing has been mailed to each of Transportation Agreement between Compliance Filing Tennessee’s customers and affected Tennessee and eCorp pursuant to state regulatory commissions. Tennessee’s Rate Schedule FT–A for June 14, 2001. Any person desiring to be heard or to service on Tennessee’s Stagecoach Take notice that on June 8, 2001, protest said filing should file a motion Lateral (Lateral Service Agreement). Tennessee Gas Pipeline Company to intervene or a protest with the Tennessee requests that the Commission (Tennessee), tendered for filing as part Federal Energy Regulatory Commission, accept and approve on an expedited of its FERC Gas Tariff, Substitute Fourth 888 First Street, NE., Washington, DC basis the negotiated rates in the Revised Sheet No. 406A, with an 20426, in accordance with sections Mainline Service Agreement and the effective date of June 1, 2001.
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Tennessee states that the referenced and Conditions to address the ‘‘shipper TLNG states that the purpose of this sheet is being filed to comply with the must have title’’ rule and state that filing is to add a general statement in Tennessee’s May 25, 2001, Letter Order Trunkline will only provide service for section 21.7 of the General Terms and in the captioned proceeding. In others utilizing capacity acquired on Conditions to address the ‘‘shipper must compliance with the Letter Order, another pipeline (off-system capacity) have title’’ rule and state that TLNG will Tennessee has revised Article XXXI of pursuant to its existing rates and tariff. only provide service for others utilizing the General Terms and Conditions of its Trunkline requests that the Commission capacity acquired on another pipeline Tariff to reflect the Commission- grant a generic waiver of the ‘‘shipper (off-system capacity) pursuant to its approved language regarding gathering must hold title’’ policy for any future existing rates and tariff. TLNG requests affiliate access. Tennessee requests that service that Trunkline may provide that the Commission grant a generic the referenced sheet be made effective utilizing off-system capacity. waiver of the ‘‘shipper must hold title’’ June 1, 2001, subject to Tennessee’s Trunkline states that copies of this policy for any future service that TLNG reserved rights to seek rehearing of the filing are being served on all affected may provide utilizing off-system Letter Order and, if applicable, to customers and interested state capacity. modify the filing to reflect the outcome regulatory agencies. TLNG states that copies of this filing of any such rehearing or judicial review Any person desiring to be heard or to are being served on all affected of these proceedings. protest said filing should file a motion customers and interested state Any person desiring to protest said to intervene or a protest with the regulatory agencies. filing should file a protest with the Federal Energy Regulatory Commission, Any person desiring to be heard or to Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC protest said filing should file a motion 888 First Street, NE., Washington, DC 20426, in accordance with Sections to intervene or a protest with the 20426, in accordance with section 385.214 or 385.211 of the Commission’s Federal Energy Regulatory Commission, 385.211 of the Commission’s Rules and Rules and Regulations. All such motions 888 First Street, NE., Washington, DC Regulations. All such protests must be or protests must be filed in accordance 20426, in accordance with sections filed in accordance with section 154.210 with section 154.210 of the 385.214 or 385.211 of the Commission’s of the Commission’s Regulations. Commission’s Regulations. Protests will Rules and Regulations. All such motions Protests will be considered by the be considered by the Commission in or protests must be filed in accordance Commission in determining the determining the appropriate action to be with section 154.210 of the appropriate action to be taken, but will taken, but will not serve to make Commission’s Regulations. Protests will not serve to make protestants parties to protestants parties to the proceedings. be considered by the Commission in the proceedings. Copies of this filing are Any person wishing to become a party determining the appropriate action to be on file with the Commission and are must file a motion to intervene. Copies taken, but will not serve to make available for public inspection in the of this filing are on file with the protestants parties to the proceedings. Public Reference Room. This filing may Commission and are available for public Any person wishing to become a party be viewed on the web at http:// inspection in the Public Reference must file a motion to intervene. Copies www.ferc.fed.us/online/rims.htm (call Room. This filing may be viewed on the of this filing are on file with the 202–208–2222 for assistance). web at http://www.ferc.fed.us/online/ Commission and are available for public Comments, protests and interventions rims.htm (call 202–208–2222 for inspection in the Public Reference may be filed electronically via the assistance). Comments, protests, and Room. This filing may be viewed on the internet in lieu of paper. See, 18 CFR interventions may be filed electronically web at http://www.ferc.fed.us/online/ 385.2001(a)(1)(iii) and the instructions via the internet in lieu of paper. See, 18 rims.htm (call 202–208–2222 for on the Commission’s web site at http:/ CFR 385.2001(a)(1)(iii) and the assistance). Comments, protests, and /www.ferc.fed.us/efi/doorbell.htm. instructions on the Commission’s web interventions may be filed electronically via the internet in lieu of paper. See, 18 Linwood A. Watson, Jr., site at http://www.ferc.fed.us/efi/ doorbell.htm. CFR 385.2001(a)(1)(iii) and the Acting Secretary. instructions on the Commission’s web [FR Doc. 01–15520 Filed 6–19–01; 8:45 am] Linwood A. Watson, Jr., site at http://www.ferc.fed.us/efi/ BILLING CODE 6717–01–M Acting Secretary. doorbell.htm. [FR Doc. 01–15519 Filed 6–19–01; 8:45 am] Linwood A. Watson, Jr., BILLING CODE 6717–01–M DEPARTMENT OF ENERGY Acting Secretary. [FR Doc. 01–15500 Filed 6–19–01; 8:45 am] Federal Energy Regulatory DEPARTMENT OF ENERGY BILLING CODE 6717–01–M Commission [Docket No. RP01–452–000] Federal Energy Regulatory Commission DEPARTMENT OF ENERGY Trunkline Gas Company; Notice of Proposed Changes in FERC Gas Tariff [Docket No. RP01–448–000] Federal Energy Regulatory Commission June 14, 2001. Trunkline LNG Company; Notice of [Docket No. RT01–74–003] Take notice that on June 8, 2001, Proposed Changes in FERC Gas Tariff Trunkline Gas Company (Trunkline) Carolina Power & Light Company Duke tendered for filing as part of its FERC June 14, 2001. Energy Corporation South Carolina Gas Tariff, First Revised Volume No. 1, Take notice that on June 8, 2001, Electric & Gas Company GridSouth Seventh Revised Sheet No. 242A, to be Trunkline LNG Company (TLNG) Transco, LLC; Notice of Filing effective July 8, 2001. tendered for filing as part of its FERC Trunkline states that the purpose of Gas Tariff, Original Volume No. 1–A, June 14, 2001. this filing is to add a general statement Sixth Revised Sheet No. 115, to be Take notice that on June 11, 2001, in Section 28.7 of the General Terms effective July 8, 2001. Carolina Power & Light Company
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(CP&L), Duke Energy Corporation Maryland 20814–6161, filed with the Commission’s May 17, 2001 order in (Duke), and South Carolina Electric & Federal Energy Regulatory Commission this proceeding. Gas Company (SCE&G), collectively the (Commission) an application for Comment date: June 28, 2001, in Applicants, tendered for filing with the determination of exempt wholesale accordance with Standard Paragraph E Federal Energy Regulatory Commission generator status pursuant to Part 365 of at the end of this notice. (Commission), on behalf of GridSouth the Commission’s regulations. 5. Southern Company—Florida LLC Transco, LLC (GridSouth), a revised pro Applicant proposes to construct, own forma GridSouth Open Access or lease and operate a natural gas-fired [Docket No. ER01–1633–001] Transmission Tariff (OATT) tariff sheet power plant of approximately 113 MW Take notice that on June 7, 2001, intended to comply with the capacity in Arvada, Colorado. The Southern Company—Florida LLC Commission’s May 30, 2001 order in the proposed power plant is expected to submitted for filing a revised market above-referenced docket, 95 FERC commence commercial operation on or rate tariff in compliance with the order ¶61,282 (2001). about April, 2002. All output from the of the Director, Division of Corporate Any person desiring to be heard or to plant will be sold by Applicant Applications, issued on May 23, 2001. protest such filing should file a motion exclusively at wholesale. Comment date: June 28, 2001, in to intervene or protest with the Federal Comment date: July 5, 2001, in accordance with Standard Paragraph E Energy Regulatory Commission, 888 accordance with Standard Paragraph E at the end of this notice. First Street, NE., Washington, DC 20426, at the end of this notice. The 6. Nine Mile Point Nuclear Station, LLC in accordance with Rules 211 and 214 Commission will limit its consideration of the Commission’s Rules of Practice of comments to those that concern the [Docket No. ER01–1654–001] and Procedure (18 CFR 385.211 and adequacy or accuracy of the application. Take notice that on June 8, 2001, Nine 385.214). All such motions and protests Mile Point Nuclear Station, LLC 2. ISO New England Inc. should be filed on or before June 22, submitted for filing a First Substitute 2001. Protests will be considered by the [Docket No. EL00–62–026] Sheet No. 2 to its FERC Electric Tariff, Commission to determine the Take notice that on June 4, 2001, ISO Original Volume No. 1, in compliance appropriate action to be taken, but will New England Inc. submitted as a with the letter order issued in this not serve to make protestants parties to compliance filing in the above- docket on May 16, 2001. Comment date: June 29, 2001, in the proceedings. Any person wishing to referenced docket a new proposal for an accordance with Standard Paragraph E become a party must file a motion to Installed Capability market (with related at the end of this notice. intervene. Copies of this filing are on changes) effective August 1, 2001. On file with the Commission and are June 5, 2001, ISO New England filed 7. Entergy Solutions Supply Ltd. available for public inspection. This errata sheets to its June 4, 2001 [Docket No. ER01–1675–001] filing may also be viewed on the compliance filing. Take notice that on June 7, 2001, Internet at http://www.ferc.fed.us/ Copies of said filings have been Entergy Solutions Supply Ltd. tendered online/rims.htm (call 202–208–2222 for served upon NEPOOL Participants and a compliance filing for authorization to assistance). Comments, protests and upon all non-Participant entities that are sell power at market-based rates. Copies interventions may be filed electronically customers under the NEPOOL Open of this filing have been served on the via the internet in lieu of paper. See, 18 Access Transmission Tariff, as well as Arkansas Public Service Commission, CFR 385.2001(a)(1)(iii) and the upon the governors and utility Mississippi Public Service Commission, instructions on the Commission’s web regulatory agencies of the six New Louisiana Public Service Commission, site at http://www.ferc.fed.us/efi/ England States. Texas Public Utility Commission, and doorbell.htm. Comment date: June 25, 2001, in the Council of the City of New Orleans. Linwood A. Watson, Jr., accordance with Standard Paragraph E Comment date: June 28, 2001, in at the end of this notice. Acting Secretary. accordance with Standard Paragraph E [FR Doc. 01–15505 Filed 6–19–01; 8:45 am] 3. PJM Interconnection, L.L.C. at the end of this notice. BILLING CODE 6717–01–M [Docket No. EL01–63–001] 8. El Paso Electric Company; Public Take notice that on June 5, 2001, PJM Service Company of New Mexico; Arizona Public Service Company DEPARTMENT OF ENERGY Interconnection, L.L.C. (PJM) submitted a clean ‘‘Second Revised Sheet No. 53 [Docket No. ER01–2091–001] Federal Energy Regulatory Superceding First Revised Sheet No. Salt River Project Agricultural Commission 53’’ and ‘‘Second Revised Sheet No. 54 Superceding Second Revised Sheet No. Improvement and Power District [Docket No. EG01–229–000, et al.] 54’’ which was mis-designated in the [Docket No. NJ01–7–001] Plains End, LLC, et al.; Electric Rate original filing made April 5, 2001 in this Take notice that on June 8, 2001, El and Corporate Regulation Filings docket. Paso Electric Company, Public Service Comment date: June 26, 2001, in Company of New Mexico, Arizona June 13, 2001 accordance with Standard Paragraph E Public Service Company, and the Salt Take notice that the following filings at the end of this notice. River Project Agricultural Improvement have been made with the Commission: 4. The Detroit Edison Company; DTE and Power District, tendered for filing a 1. Plains End, LLC Energy Trading, Inc. clarification to their proposal to treat the multiple generating units that are [Docket No. EG01–229–000] [Docket No. ER01–1572–001] connected to the Palo Verde/ Take notice that on June 11, 2001, Take notice that on June 7, 2001, The Hassayampa Common Bus Market Hub Plains End, LLC (Applicant), a limited Detroit Edison Company (Detroit as a single point of receipt. liability company with its principal Edison) submitted for filing Comment date: June 29, 2001, in place of business at 7500 Old amendments to wholesale power accordance with Standard Paragraph E Georgetown Road, 13th Floor, Bethesda, contracts that were the subject of the at the end of this notice.
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9. Allegheny Power Service Comment date: June 28, 2001, in another party, Mississippi Delta Energy Corporation, on behalf of Allegheny accordance with Standard Paragraph E Agency. Louisiana Generating states that Energy Supply Lincoln Generating at the end of this notice. the affected customers requested the Facility, LLC (Allegheny Energy change and consent to it. 12. Louisville Gas And Electric Supply—Lincoln) Company/Kentucky Utilities Company Copies of the filing were served upon [Docket No. ER01–2092–001] Louisiana Generating’s affected [Docket No. ER01–2244–000] customers. Take notice that on June 7, 2001, Take notice that on June 7, 2001, Comment date: June 28, 2001, in Allegheny Power Service Corporation Louisville Gas and Electric Company accordance with Standard Paragraph E on behalf of Allegheny Energy Supply (LG&E)/Kentucky Utilities (KU) at the end of this notice. Lincoln Generating Facility, LLC (hereinafter, Companies) tendered for (Allegheny Energy Supply—Lincoln) filing an executed transmission service 16. Cinergy Services, Inc. filed a correction to Service Agreement agreement with Axia Energy, L.P. [Docket No. ER01–2248–000] No. 2 under its Market Rate Tariff to (Axia). This agreement allows Axia take reflect an assignment of Service non-firm point-to-point transmission Take notice that on June 7, 2001, Agreement No.2 from Commonwealth service from LG&E/KU. Cinergy Services, Inc. (Cinergy) Edison Company to Exelon Generation Comment date: June 28, 2001, in tendered for filing a revised pricing Company, LLC. accordance with Standard Paragraph E structures for Calendar Years 2005 and Copies of the filing have been at the end of this notice. 2006 within the Confirmation Letter provided to the Public Utilities under Cinergy’s Market-Based Power 13. Louisville Gas and Electric Commission of Ohio, the Pennsylvania Sales Standard Tariff-MB (the Tariff) Company/Kentucky Utilities Company Public Utility Commission, the entered into between Cinergy and The Maryland Public Service Commission, [Docket No. ER01–2245–000] Village of Georgetown, Ohio the Virginia State Corporation Take notice that on June 7, 2001, (Georgetown). Commission, the West Virginia Public Louisville Gas and Electric Company Cinergy and Georgetown are Service Commission, and all parties of (LG&E)/Kentucky Utilities (KU) requesting an effective date of January 1, record. (hereinafter, Companies) tendered for 2001. Comment date: June 28, 2001, in filing executed transmission service Comment date: June 28, 2001, in accordance with Standard Paragraph E agreement with Axia Energy, L.P. accordance with Standard Paragraph E at the end of this notice. (Axia). The agreement allows Axia to at the end of this notice. take firm point-to-point transmission 10. New England Power Pool service from the Companies. 17. Cinergy Services, Inc. Participants Committee Comment date: June 28, 2001, in [Docket No.ER01–2249–000] [Docket No. ER01–2115–001] accordance with Standard Paragraph E at the end of this notice. Take notice that on June 7, 2001, Take notice that on June 7, 2001, the Cinergy Services, Inc. (Cinergy) New England Power Pool (NEPOOL) 14. Louisville Gas and Electric tendered for filing a Notice of Name Participants Committee amended its Company/Kentucky Utilities Company Change from Southern Company Energy May 22, 2001 Informational Filing and [Docket No. ER01–2246–000] Marketing, L.P. to Mirant Americas Request for Order Regarding Standard Energy Marketing, LP. Cinergy Market Design—CMS/MSS (the Take notice that on June 7, 2001, Louisville Gas and Electric Company respectfully requests waiver of notice to Informational Filing). The amendment permit the Notice of Name Change to be withdraws a request for an expeditious (LG&E)/Kentucky Utilities (KU) (hereinafter, Companies) filed a made effective as of the date of the Commission order set forth in the Notice of Name Change. Informational Filing. termination notice for firm and non-firm transmission service between the A copy of the filing was served upon The NEPOOL Participants Committee Companies and Consumers Energy Mirant Americas Energy Marketing, LP. states that copies of these materials were Company d/b/a Consumers Energy sent to all persons on the Commission’s Comment date: June 28, 2001, in Traders and The Detroit Edison official services lists in these accordance with Standard Paragraph E Company. The terminated services are proceedings, the NEPOOL Participants at the end of this notice. Tariff Volume 1 Service Agreement 166 and the New England state governors for the firm transmission service and 18. Cinergy Services, Inc. and regulatory commissions. Tariff Volume 1 Service Agreement 167 [Docket No. ER01–2250–000] Comment date: June 25, 2001, in for the non-firm transmission service. accordance with Standard Paragraph E Comment date: June 28, 2001, in Take notice that on June 7, 2001, at the end of this notice. accordance with Standard Paragraph E Cinergy Services, Inc. (‘‘Cinergy’’) tendered for filing a Service Agreement 11. Louisville Gas and Electric at the end of this notice. under Cinergy’s Resale, Assignment or Company/Kentucky Utilities Company 15. Louisiana Generating LLC Transfer of Transmission Rights and [Docket No. ER01–2243–000] [Docket No. ER01–2247–000] Ancillary Service Rights Tariff (‘‘the Take notice that on June 7, 2001, Take Notice that Louisiana Generating Tariff’’) entered into between Cinergy Louisville Gas and Electric Company LLC (Louisiana Generating), on June 7, and LG&E Energy Marketing Inc. (LG&E)/Kentucky Utilities (KU) 2001, tendered for filing a proposed (‘‘LEM’’). This Service Agreement has (hereinafter, Companies) tendered for change to its Rate Schedule FERC No. 4, been executed by both parties and is to filing an executed unilateral Service Original Vol. 1. The proposed change replace the existing unexecuted Service Sales Agreement between Companies reflects the assignment by the customer Agreement. and Northern Indiana Public Service under the Rate Schedule, Municipal Comment date: June 28, 2001, in Company under the Companies’ Rate Electric Agency of Mississippi, of a accordance with Standard Paragraph E Schedule MBSS. portion of its power purchase rights to at the end of this notice.
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19. New York Independent System Comment date: June 28, 2001, in Form of Service Agreement for Non- Operator, Inc. accordance with Standard Paragraph E Firm Point-to-Point Transmission [Docket No. ER01–2251–000] at the end of this notice. Service dated as of April 11, 2001 by and between Tucson Electric Power Take notice that on June 6, 2001, the 22. Xcel Energy Services, Inc. Company City of Burbank—FERC New York Independent System [Docket No. ER01–2256–000] Electric Tariff Vol. No. 2, Service Operator, Inc. (‘‘NYISO’’) filed revisions Agreement No. 165. No service has to its Market Administration and Take notice that on June 7, 2001, Xcel commenced at this time for either filing. Control Area Services Tariff (‘‘Services Energy Services Inc. (‘‘XES’’), on behalf Tucson requests that the service Tariff’’) in order to revise its rules of Public Service Company of Colorado agreements become effective as of May governing Regulation and Frequency (‘‘Public Service’’), submitted for filing 21, 2001. Response Service and uninstructed a Short-Term Firm Point-to-Point Comment date: June 28, 2001, in overgeneration. The NYISO is also Transmission Service Agreement accordance with Standard Paragraph E proposing to establish a new charge to between Public Service and Portland at the end of this notice. discourage persistent undergeneration. General Electric under Xcel’s Joint Open The NYISO has requested a waiver of Access Transmission Service Tariff 26. American Transmission Company the Commission’s notice requirements (Xcel FERC Electric Tariff, Original LLC so that this filing may become effective Volume No. 1). XES requests that this agreement, [Docket No. ER01–2260–000] on July 25, 2001. The NYISO has served a copy of this designated as Original Service Take notice that on June 7, 2001, filing upon all parties that have Agreement No. 103–PSCo, become American Transmission Company LLC executed Service Agreements under the effective on May 23, 2001. (ATCLLC) tendered for filing a Firm and NYISO’s Open Access Transmission Comment date: June 28, 2001, in Non-Firm Point-to-Point Service Tariff and Services Tariff, as well as the accordance with Standard Paragraph E Agreement between ATCLLC and New York State Public Service at the end of this notice. Western Resources. ATCLLC requests an effective date of Commission, and the electric utility 23. Cinergy Services, Inc. regulatory agencies in New Jersey and May 17, 2001. [Docket No. ER01–2257–000] Pennsylvania. Comment date: June 28, 2001, in Comment date: June 28, 2001, in Take notice that on June 7, 2001, accordance with Standard Paragraph E accordance with Standard Paragraph E Cinergy Services, Inc. (‘‘Provider’’) at the end of this notice. at the end of this notice. tendered for filing a Non-Firm Point-to- 27. Southwest Power Pool, Inc. Point Service Agreement under 20. Xcel Energy Services, Inc. Cinergy’s Open Access Transmission [Docket No. ER01–2267–000] [Docket No. ER01–2254–000] Service Tariff (‘‘OATT’’) entered into Take notice that on June 7, 2001, Take notice that on June 7, 2001, Xcel between Cinergy and Energy USA—TPC Southwest Power Pool, Inc. (SPP) Energy Services Inc. (‘‘XES’’), on behalf Corp. ‘‘Customer’’). submitted for filing three executed of Public Service Company of Colorado Provider and Customer are requesting service agreements for Firm Point-to- (‘‘Public Service’’), submitted for filing an effective date of May 10, 2001. Point Transmission Service, Non-Firm a Long-Term Firm Point-to-Point Comment date: June 28, 2001, in Point-to-Point Transmission Service, Transmission Service Agreement accordance with Standard Paragraph E and Loss Compensation Service with between Public Service and Tri-State at the end of this notice. InterGen Services, Inc. (Transmission Transmission & Generation, Inc. under 24. Cinergy Services, Inc. Customer). Xcel’s Joint Open Access Transmission SPP seeks an effective date of June 4, Service Tariff (Xcel FERC Electric Tariff, [Docket No. ER01–2258–000] 2001 for each of these service Original Volume No. 1). Take notice that on June 7, 2001, agreements. XES requests that this agreement, Cinergy Services, Inc. (Provider) A copy of this filing was served on the designated as Original Service tendered for filing a Firm Point-to-Point Transmission Customer. Agreement No. 104–PSCo, become Service Agreement under Cinergy’s Comment date: June 28, 2001, in effective on May 8, 2001. Open Access Transmission Service accordance with Standard Paragraph E Comment date: June 28, 2001, in Tariff (OATT) entered into between at the end of this notice. accordance with Standard Paragraph E Provider and Energy USA—TPC Corp. 28. Commonwealth Edison Company at the end of this notice. (Customer). Provider and Customer are requesting [Docket No. ER01–2268–000] 21. Xcel Energy Services, Inc. an effective date of May 10, 2001. Take notice that on June 7, 2001, [Docket No. ER01–2255–000] Comment date: June 28, 2001, in Commonwealth Edison Company Take notice that on June 7, 2001, Xcel accordance with Standard Paragraph E (ComEd) submitted for filing a Short- Energy Services Inc. (‘‘XES’’), on behalf at the end of this notice. Term Firm Transmission Service of Public Service Company of Colorado 25. Tucson Electric Power Company Agreement with Calpine Energy (‘‘Public Service’’), submitted for filing Services, L.P. (CES) under the terms of a Non-Firm Point-to-Point Transmission [Docket No. ER01–2259–000] ComEd’s Open Access Transmission Service Agreement between Public Take notice that on June 6, 2001, Tariff (OATT). Service and Portland General Electric Tucson Electric Power Company ComEd requests an effective date of under Xcel’s Joint Open Access tendered for filing an Umbrella May 11, 2001 for the service agreement Transmission Service Tariff (Xcel FERC Agreement for Short-Term Firm Point- and accordingly requests waiver of the Electric Tariff, Original Volume No. 1). to-Point Transmission Service dated as Commission’s notice requirements. XES requests that this agreement, of March 13, 2001 by and between Copies of the filing were served on CES. designated as Original Service Tucson Electric Power Company City of Comment date: June 28, 2001, in Agreement No. 106–PSCo, become Burbank—FERC Electric Tariff Vol. No. accordance with Standard Paragraph E effective on May 23, 2001. 2, Service Agreement No. 164, and a at the end of this notice.
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29. Exelon Corporation On Behalf Of Its 32. Southern Company Services, Inc. 36. Pacific Gas & Electric Company Subsidiaries; PECO Energy Company [Docket No. ER01–2261–000] [Docket No. ER01–2269–000] and Commonwealth Edison Company Take notice that on June 8, 2001, Take notice that on June 8, 2001, [Docket No. OA01–6–000] Southern Company Services, Inc. (SCS), Pacific Gas and Electric Company Take notice that on June 4, 2001, acting on behalf of Alabama Power (PG&E) tendered for filing a Generator Exelon Corporation (Exelon) on behalf Company (APC), tendered for filing an Special Facilities Agreement (GSFA) of its subsidiaries PECO Energy Interconnection Agreement (IA) by and and a Supplemental Letter Agreement Company (PECO) and Commonwealth between APC and Calhoun Power between PG&E and Elk Hills Power, LLC Edison Company (ComEd) submitted for Company I, LLC (Calhoun). The IA (Elk Hills) (collectively Parties). filing Exelon’s corporate procedure allows Calhoun to interconnect its The GSFA permits PG&E to recover titled ‘‘Implementation of FERC generating facility to be located in the ongoing costs associated with Calhoun County, Alabama, to APC’s Standards of Conduct,’’ to become owning, operating and maintaining the electric system. effective on June 1, 2001. These Special Facilities. As detailed in the Procedures are intended to supersede An effective date of June 8, 2001 has Special Facilities Agreement, PG&E been requested. and replace the individual procedures proposes to charge Elk Hills a monthly of PECO and ComEd that implement the Comment date: June 29, 2001, in Cost of Ownership Charge equal to the FERC Standards of Conduct and which accordance with Standard Paragraph E rates for transmission-level, customer- were accepted by the FERC in Dockets at the end of this notice. financed facilities in PG&Es currently Nos. OA97–440 (PECO) and OA00–5– 33. Frederickson Power L.P. effective Electric Rule 2, as filed with 000 (ComEd). the California Public Utilities [Docket No. ER01–2262–000] Commission (CPUC PG&E’s currently A copy of the filing was served on the Take notice that on June 8, 2001, effective rate of 0.31% for transmission- PJM Interconnection, L.L.C. and the Frederickson Power L.P. filed with the level, customer-financed Special Illinois Commerce Commission Commission an application for authority Facilities is contained in the CPUCs Comment date: July 5, 2001, in to sell electric energy and capacity at Advice Letter 1960–G/1587–E, effective accordance with Standard Paragraph E market-based rates, including a request August 5, 1996, a copy of which is at the end of this notice. for waivers and blanket approvals under included as Attachment 2 of this filing. various regulations of the Commission 30. California Independent System Copies of this filing have been served and for an order accepting certain power Operator Corporation upon Elk Hills, the California sales agreements for filing. Independent System Operator [Docket No. ER01–2265–000] Comment date: June 29, 2001, in Corporation and the CPUC. accordance with Standard Paragraph E Take notice that the California Comment date: June 29, 2001, in at the end of this notice. Independent System Operator accordance with Standard Paragraph E Corporation, (ISO) on June 8, 2001, 34. California Independent System at the end of this notice. tendered for filing a Meter Service Operator Corporation 37. Elwood Energy II, LLC Agreement for ISO Metered Entities [Docket No. ER01–2263–000] between the ISO and Soledad Energy, [Docket No. ER01–2270–000] Inc. for acceptance by the Commission. Take notice that the California Independent System Operator Take notice that on June 8, 2001, The ISO states that this filing has been Corporation, (ISO) on June 8, 2001, Elwood Energy II, LLC tendered for served on Soledad Energy, Inc. and the tendered for filing a Participating filing an amended and restated service California Public Utilities Commission. Generator Agreement between the ISO agreement for sales of energy and Comment date: June 29, 2001, in and Soledad Energy, Inc. for acceptance capacity to Aquila Energy Marketing accordance with Standard Paragraph E by the Commission. Corporation and UtiliCorp United Inc. at the end of this notice. The ISO states that this filing has been Comment date: June 29, 2001, in served on Soledad Energy, Inc. and the accordance with Standard Paragraph E 31. Carolina Power & Light Company California Public Utilities Commission. at the end of this notice. [Docket No. ER01–1853–001] Comment date: June 29, 2001, in 38. Allegheny Energy Service accordance with Standard Paragraph E Take notice that on June 8, 2001, Corporation on behalf of Green Valley at the end of this notice. Carolina Power & Light Company Hydro, LLC (CP&L) tendered for filing a corrected 35. California Independent System [Docket No. ER01–2271–000] Cost Support for Appendix K (Monthly Operator Corporation Take notice that on June 8, 2001, Facility Fee) to the executed Facility [Docket No. ER01–2264–000] Allegheny Energy Service Corporation Interconnection and Operating on behalf of Green Valley Hydro, LLC Agreement with Lumberton Power, LLC Take notice that the California filed Service Agreement No. 1 to add (Lumberton) correcting a typographical Independent System Operator one (1) new Customer to the Market error. CP&L requests waiver of the Corporation, (ISO) on June 8, 2001, Rate Tariff under which Green Valley Commission’s notice requirements in tendered for filing a Meter Service Hydro, LLC offers generation services. order for the Appendix K to become Agreement for ISO Metered Entities Green Valley Hydro, LLC requests a effective on April 24, 2001. between the ISO and PPM One LLC for acceptance by the Commission. waiver of notice requirements to make Copies of the filing were served upon The ISO states that this filing has been service available as of June 1, 2001 to Lumberton and the North Carolina served on PPM One LLC and the Allegheny Energy Supply Company, Public Utilities Commission. California Public Utilities Commission. LLC. Comment date: June 29, 2001, in Comment date: June 29, 2001, in Comment date: June 28, 2001, in accordance with Standard Paragraph E accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. at the end of this notice.
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Standard Paragraph j. Deadline for filing motions to application (see 18 CFR 4.36). E. Any person desiring to be heard or intervene, protests and comments: 60 Submission of a timely notice of intent to protest such filing should file a days from the issuance date of this allows an interested person to file the motion to intervene or protest with the notice. competing preliminary permit All documents (original and eight Federal Energy Regulatory Commission, application no later than 30 days after copies) should be filed with: David P. 888 First Street, NE., Washington, DC the specified comment date for the Boergers, Secretary, Federal Energy 20426, in accordance with Rules 211 particular application. A competing Regulatory Commission, 888 First preliminary permit application must and 214 of the Commission’s Rules of Street, NE., Washington, DC 20426. conform with 18 CFR 4.30(b) and 4.36. Practice and Procedure (18 CFR 385.211 Comments, motions to intervene, and n. Preliminary Permit—Any qualified and 385.214). All such motions or protests may be electronically filed via development applicant desiring to file a protests should be filed on or before the the internet in lieu of paper. See 18 CFR competing development application comment date. Protests will be 385.2001(a)(1)(iii) and the instructions must submit to the Commission, on or considered by the Commission in on the Commission’s web site at before a specified comment date for the determining the appropriate action to be http://www.ferc.fed.us/efi/doorbell.htm. particular application, either a taken, but will not serve to make Please include the project number (P– competing development application or a protestants parties to the proceeding. 12003–000) on any comments or notice of intent to file such an Any person wishing to become a party motions filed. application. Submission of a timely must file a motion to intervene. Copies The Commission’s Rules of Practice notice of intent to file a development of these filings are on file with the and Procedure require all interveners application allows an interested person Commission and are available for public filing documents with the Commission to file the competing application no inspection. This filing may also be to serve a copy of that document on later than 120 days after the specified viewed on the Internet at http:// each person in the official service list comment date for the particular www.ferc.fed.us/ online/rims.htm (call for the project. Further, if an intervener application. A competing license 202–208–2222 for assistance). files comments or documents with the application must conform with 18 CFR Comments, protests, and interventions Commission relating to the merits of an 4.30(b) and 4.36. may be filed electronically via the issue that may affect the responsibilities o. Notice of Intent—A notice of intent internet in lieu of paper. See, 18 CFR of a particular resource agency, they must specify the exact name, business 385.2001(a)(1)(iii) and the instructions must also serve a copy of the document address, and telephone number of the on the Commission’s web site at http:/ on that resource agency. prospective applicant, and must include /www.ferc.fed.us/efi/doorbell.htm. k. Description of Project: The an unequivocal statement of intent to Linwood A. Watson, Jr., proposed project would consist of: (1) submit, if such an application may be An existing 1,170-foot-long, 237-foot- filed, either a preliminary permit Acting Secretary. high earthfill dam, (2) existing application or a development [FR Doc. 01–15456 Filed 6–19–01; 8:45 am] impoundment with a storage capacity of application (specify which type of BILLING CODE 6717–01–P 1,562 acres having a storage capacity of application). A notice of intent must be 112,800 acre-feet, and normal water served on the applicant(s) named in this surface elevation of 600 feet msl, (3) a public notice. DEPARTMENT OF ENERGY proposed intake structure, (4) a p. Proposed Scope of Studies Under Federal Energy Regulatory proposed 500-foot-long, 120-inch- Permit—A preliminary permit, if issued, Commission diameter steel penstock, (5) a proposed does not authorize construction. The powerhouse containing two generating term of the proposed preliminary permit Notice of Application Accepted for units having a total installed capacity of would be 36 months. The work Filing and Soliciting Motions To 2.2 MW, (6) a proposed 8-mile-long 15- proposed under the preliminary permit Intervene, Protests, and Comments kV transmission line, and (7) would include economic analysis, apppurtenant facilities preparation of preliminary engineering June 14, 2001. The project would have an annual plans, and a study of environmental Take notice that the following generation of 17.3 GWh that would be impacts. Based on the results of these hydroelectric application has been filed sold to a local utility. studies, the Applicant would decide with the Commission and is available l. A copy of the application is whether to proceed with the preparation for public inspection: available for inspection and of a development application to a. Type of Application: Preliminary reproduction at the Commission’s construct and operate the project. Permit. Public Reference Room, located at 888 q. Comments, Protests, or Motions To b. Project No.: 12003–000. First Street, NE., Room 2A, Washington, Intervene—Anyone may submit c. Date filed: April 26, 2001. DC 20426, or by calling (202) 208–1371. comments, a protest, or a motion to d. Applicant: Symbiotics, LLC. The application may be viewed on intervene in accordance with the e. Name of Project: El Capitan Project. http://www.ferc.fed.us/online/rims.htm requirements of Rules of Practice and f. Location: On the San Diego River, (call (202) 208–2222 for assistance). A Procedure, 18 CFR 385.210, .211, .214. in San Diego County, California. The copy is also available for inspection and In determining the appropriate action to project would not utilize any federal reproduction at the address in item h take, the Commission will consider all dam or facilities. above. protests or other comments filed, but g. Filed Pursuant to: Federal Power m. Preliminary Permit—Anyone only those who file a motion to Act, 16 U.S.C. § 791(a)–825(r). desiring to file a competing application intervene in accordance with the h. Applicant Contact: Mr. Brent L. for preliminary permit for a proposed Commission’s Rules may become a Smith, President, Northwest Power project must submit the competing party to the proceeding. Any comments, Services, Inc., P.O. Box 535, Rigby, ID application itself, or a notice of intent to protests, or motions to intervene must 83442, (208) 745–8630. file such an application, to the be received on or before the specified i. FERC Contact: Robert Bell, (202) Commission on or before the specified comment date for the particular 219–2806. comment date for the particular application.
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r. Filing and Service of Responsive located on lands administered by the reproduction at the address in item g Documents—Any filings must bear in U.S. Forest Service. above. all capital letters the title f. Filed Pursuant to: Federal Power l. Preliminary Permit—Anyone ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Act, 16 U.S.C. §§ 791(a)–825(r). desiring to file a competing application TO FILE COMPETING APPLICATION’’, g. Applicant contact: Dr. Vincent for preliminary permit for a proposed ‘‘COMPETING APPLICATION’’, Lamarra, Ecosystems Research Institute, project must submit the competing ‘‘PROTEST’’, ‘‘MOTION TO Inc., 975 South State Highway, Logan, application itself, or a notice of intent to INTERVENE’’, as applicable, and the UT 84321, (435) 752–2580, fax (435) file such an application, to the Project Number of the particular 752–2581. Commission on or before the specified application to which the filing refers. h. FERC Contact: Tom Papsidero, comment date for the particular Any of the above-named documents (202) 219–2715. application (see 18 CFR 4.36). must be filed by providing the original i. Deadline for filing comments, Submission of a timely notice of intent and the number of copies provided by protests, and motions to intervene: 60 allows an interested person to file the the Commission’s regulations to: The days from the issuance date of this competing preliminary permit Secretary, Federal Energy Regulatory notice. application no later than 30 days after Commission, 888 First Street, NE., All documents (original and eight the specified comment date for the Washington, DC 20426. An additional copies) should be filed with: David P. particular application. A competing copy must be sent to Director, Division Boergers, Secretary, Federal Energy preliminary permit application must of Hydropower Administration and Regulatory Commission, 888 First conform with 18 CFR 4.30(b) and 4.36. m. Preliminary Permit—Any qualified Compliance, Federal Energy Regulatory Street, NE., Washington, DC 20426. development applicant desiring to file a Commission, at the above-mentioned Motions to intervene, protests, and competing development application address. A copy of any notice of intent, comments may be filed electronically must submit to the Commission, on or competing application or motion to via the internet in lieu of paper. See, 18 before a specified comment date for the intervene must also be served upon each CFR 385.2001(a)(1)(iii) and the particular application, either a representative of the Applicant instructions on the Commission’s web competing development application or a specified in the particular application. site at http://www.ferc.fed.us/efi/ s. Agency Comments—Federal, state, notice of intent to file such an doorbell.htm. application. Submission of a timely and local agencies are invited to file Please include the project number (P– notice of intent to file a development comments on the described application. 12017–000) on any comments or application allows an interested person A copy of the application may be motions filed. The Commission’s Rules to file the competing application no obtained by agencies directly from the of Practice and Procedure require all later than 120 days after the specified Applicant. If an agency does not file interveners filing documents with the comment date for the particular comments within the time specified for Commission to serve a copy of that application. A competing license filing comments, it will be presumed to document on each person in the official application must conform with 18 CFR have no comments. One copy of an service list for the project. Further, if an 4.30(b) and 4.36. agency’s comments must also be sent to intervener files comments or documents n. Notice of Intent—A notice of intent the Applicant’s representatives. with the Commission relating to the must specify the exact name, business Linwood A. Watson, Jr., merits of an issue that may affect the address, and telephone number of the responsibilities of a particular resource Acting Secretary. prospective applicant, and must include agency, they must also serve a copy of [FR Doc. 01–15513 Filed 6–19–01; 8:45 am] an unequivocal statement of intent to the document on that resource agency. submit, if such an application may be BILLING CODE 6717–01–M j. Description of Project: The proposed filed, either a preliminary permit project would use a proposed dam application or a development owned by Silver Mountain Industries, DEPARTMENT OF ENERGY application (specify which type of which would be located on McKenzie application). A notice of intent must be Federal Energy Regulatory Creek. The proposed McKenzie Forebay served on the applicant(s) named in this Commission Reservoir would have a surface area of public notice. one acre and a storage capacity of 10 o. Proposed Scope of Studies under Notice of Application Accepted for acre-feet at 2,058 feet msl and include: Permit—A preliminary permit, if issued, Filing and Soliciting Comments, (1) A proposed powerhouse with a total does not authorize construction. The Protests, and Motions To Intervene installed capacity of 1.79 megawatts; (2) term of the proposed preliminary permit a proposed 5,000-foot-long, 2-foot- would be 36 months. The work June 14, 2001. diameter penstock; (3) a proposed 5- proposed under the preliminary permit Take notice that the following mile-long, 15 kv transmission line; and would include economic analysis, hydroelectric application has been filed (4) appurtenant facilities. The project preparation of preliminary engineering with the Commission and is available would operate in a run-of-river mode plans, and a study of environmental for public inspection: and would have an average annual impacts. Based on the results of these a. Type of Application: Preliminary generation of 8.45 GWh. studies, the Applicant would decide Permit. k. A copy of the application is whether to proceed with the preparation b. Project No.: 12017–000. available for inspection and of a development application to c. Date filed: May 7, 2001. reproduction at the Commission’s construct and operate the project. d. Applicant: Silver Mountain Public Reference Room, located at 888 p. Comments, Protests, or Motions to Industries. First Street, NE., Room 2A, Washington, Intervene—Anyone may submit e. Name and Location of Project: The DC 20426, or by calling (202) 208–1371. comments, a protest, or a motion to McKenzie Creek Project would be The application may be viewed on intervene in accordance with the located on McKenzie Creek in San http://www.ferc.fed.us/online/rims.htm requirements of Rules of Practice and Miguel County, Colorado. The proposed (call (202) 208–2222 for assistance). A Procedure, 18 CFR 385.210, .211, .214. dam and project would be partially copy is also available for inspection and In determining the appropriate action to
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take the Commission will consider all b. Project No.: 12019–000. (3) Panther Creek East Diversion protests or other comments filed, but c. Date filed: May 8, 2001. would include: (a) A proposed 30-foot- only those who file a motion to d. Applicant: Richard V. Williamson. long, 4-foot-high concrete diversion intervene in accordance with the e. Name of Project: Howard, Big dam; (b) a proposed impoundment Commission’s Rules may become a Canyon, and Panther Creeks Project. having a surface area of 700 square feet party to the proceeding. Any comments, f. Location: On the Howard, Big with negligible storage and a normal protests, or motions to intervene must Canyon, and Panther Creeks, in water surface elevation of 5440 feet msl; be received on or before the specified Siskiyou County, California. The project (c) a proposed 3500-foot-long, 6-inch- comment date for the particular would not use any federal dam or diameter steel penstock; application. facilities. (4) Panther Creek West Diversion q. Filing and Service of Responsive g. Filed Pursuant to: Federal Power would include: (a) A proposed 30-foot- Documents—Any filings must bear in Act, 16 U.S.C. §§ 791(a)–825(r). long, 5-foot-high concrete diversion all capital letters the title h. Applicant Contact: Mr. Richard V. dam; (b) a proposed impoundment ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Williamson, 1111 James Donlon Blvd., having a surface area of 1000 square feet TO FILE COMPETING APPLICATION’’, No. 2076, Antioch, CA 94509, (707) with negligible storage and normal ‘‘COMPETING APPLICATION’’, 745–7334. water surface elevation of 5360 feet msl; ‘‘PROTEST’’, or ‘‘MOTION TO i. FERC Contact: Robert Bell, (202) (c) a proposed 3500-foot-long, 8-inch- INTERVENE’’, as applicable, and the 219–2806. diameter steel penstock; Project Number of the particular j. Deadline for filing motions to (5) a proposed powerhouse containing application to which the filing refers. intervene, protests and comments: one generating unit having an installed Any of the above-named documents August 20, 2001. capacity of 800 kW; (6) a proposed 400- must be filed by providing the original All documents (original and eight foot-long, 16-inch-diameter steel and the number of copies provided by copies) should be filed with: David P. tailrace; (7) a proposed 500-foot-long the Commission’s regulations to: The Boergers, Secretary, Federal Energy three phase transmission line; and (8) Secretary, Federal Energy Regulatory Regulatory Commission, 888 First appurtenant facilities. Commission, 888 First Street, NE., Street, NE., Washington, DC 20426. The project would have an annual Washington, DC 20426. An additional Comments, motions to intervene, and generation of 6.7 GWh that would be copy must be sent to Director, Division protests may be electronically filed via sold to a local utility. of Hydropower Administration and the Internet in lieu of paper. See 18 CFR l. A copy of the application is Compliance, Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions available for inspection and Commission, at the above-mentioned on the Commission’s web site at http:/ reproduction at the Commission’s address. A copy of any notice of intent, /www.ferc.fed.us/efi/doorbell.htm. Public Reference Room, located at 888 competing application or motion to Please include the project number (P– First Street, NE., Room 2A, Washington, intervene must also be served upon each 12019–000) on any comments or DC 20426, or by calling (202) 208–1371. representative of the Applicant motions filed. The application may be viewed on specified in the particular application. The Commission’s Rules of Practice http://www.ferc.fed.us/online/rims.htm r. Agency Comments—Federal, state, and Procedure require all interveners (call (202) 208–2222 for assistance). A and local agencies are invited to file filing documents with the Commission copy is also available for inspection and comments on the described application. to serve a copy of that document on reproduction at the address in item h A copy of the application may be each person in the official service list above. obtained by agencies directly from the for the project. Further, if an intervener m. Preliminary Permit—Anyone Applicant. If an agency does not file files comments or documents with the desiring to file a competing application comments within the time specified for Commission relating to the merits of an for preliminary permit for a proposed filing comments, it will be presumed to issue that may affect the responsibilities project must submit the competing have no comments. One copy of an of a particular resource agency, they application itself, or a notice of intent to agency’s comments must also be sent to must also serve a copy of the document file such an application, to the the Applicant’s representatives. on that resource agency. Commission on or before the specified k. Description of Project: The comment date for the particular Linwood A. Watson, Jr., proposed project would consist of our application (see 18 CFR 4.36). Acting Secretary. developments with a single common Submission of a timely notice of intent [FR Doc. 01–15514 Filed 6–19–01; 8:45 am] powerhouse: allows an interested person to file the BILLING CODE 6717–01–M (1) Howard Creek Diversion would competing preliminary permit include: (a) A proposed 30-foot-long, 10- application no later than 30 days after inch-diameter concrete diversion dam; the specified comment date for the DEPARTMENT OF ENERGY (b) a proposed impoundment having a particular application. A competing surface area of 1000 square feet with preliminary permit application must Federal Energy Regulatory negligible storage and normal water conform with 18 CFR 4.30(b) and 4.36. Commission surface elevation of 4440 feet msl; (c) a n. Preliminary Permit—Any qualified Notice of Application Accepted for proposed 3900-foot-long, 10-inch- development applicant desiring to file a Filing and Soliciting Motions To diameter steel penstock; competing developing application must Intervene, Protests, and Comments (2) Big Canyon Creek Diversion would submit to the Commission, on or before include: (a) A proposed 35-foot-long, 8- a specified comment date for the June 14, 2001. foot-high concrete diversion dam; (b) a particular application, either a Take notice that the following proposed impoundment having a competing development application or a hydroelectric application has been filed surface area of 2000 square feet with notice of intent to file such an with the Commission and is available negligible storage and normal water application. Submission of a timely for public inspection: surface elevation of 4000 feet msl; (c) a notice of intent to file a development a. Type of Application: Preliminary proposed 10,000-foot-long, 16-inch- application allows an interested person Permit. diameter steel penstock; to file the competing application no
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later than 120 days after the specified address. A copy of any notice of intent, site at http://www.ferc.fed.us/efi/ comment date for the particular competing application or motion to doorbell.htm. Please include the project application. A competing license intervene must also be served upon each number (P–12001–000) on any application must conform with 18 CFR representative of the Applicant comments or motions filed. 4.30(b) and 4.36. specified in the particular application. The Commission’s Rules of Practice o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, and Procedure require all interveners must specify the exact name, business and local agencies are invited to file filing documents with the Commission address, and telephone number of the comments on the described application. to serve a copy of that document on prospective applicant, and must include A copy of the application may be each person in the official service list an unequivocal statement of intent to obtained by agencies directly from the for the project. Further, if an intervener submit, if such an application may be Applicant. If an agency does not file files comments or documents with the filed, either a preliminary permit comments within the time specified for Commission relating to the merits of an application or a development filing comments, it will be presumed to issue that may affect the responsibilities application (specify which type of have no comments. One copy of an of a particular resource agency, they application). A notice of intent must be agency’s comments must also be sent to must also serve a copy of the document served on the applicant(s) named in this the Applicant’s representatives. on that resource agency. public notice. k. Description of Project: The p. Proposed Scope of Studies Under Linwood A. Watson, Jr., proposed project would consist of: (1) Permit—A preliminary permit, if issued, Acting Secretary. An existing 450-foot-long, 142-foot-high does not authorize construction. The [FR Doc. 01–15515 Filed 6–19–01; 8:45 am] dam, (2) an existing impoundment with term of the proposed preliminary permit BILLING CODE 6717–01–M a storage capacity of 340 acres having a would be 36 months. The work storage capacity of 10,281 acre-feet, and proposed under the preliminary permit normal water surface elevation of 700 would include economic analysis, DEPARTMENT OF ENERGY feet msl, (3) a proposed intake structure, preparation of preliminary engineering (4) a proposed 500-foot-long, 120-inch- plans, and a study of environmental Federal Energy Regulatory diameter steel penstock, (5) a proposed impacts. Based on the results of these Commission powerhouse containing two generating studies, the Applicant would decide units having a total installed capacity of Notice of Application Accepted for whether to proceed with the preparation 10.8 MW, (6) a proposed 2-mile-long, of a development application to Filing and Soliciting Motions To 15-kV transmission line, and (7) construct and operate the project. Intervene, Protests, and Comments appurtenant facilities. q. Comments, Protests, or Motions to June 14, 2001. The project would have an annual Intervene—Anyone may submit Take notice that the following generation of 78.84 GWh that would be comments, a protest, or a motion to hydroelectric application has been filed sold to a local utility. intervene in accordance with the with the Commission and is available l. A copy of the application is requirements of Rules of Practice and for public inspection: available for inspection and Procedure, 18 CFR 385.210, .211, .214. a. Type of Application: Preliminary reproduction at the Commission’s In determining the appropriate action to Permit. Public Reference Room, located at 888 take, the Commission will consider all b. Project No.: 12001–000. First Street, NE., Room 2A, Washington, protests or other comments filed, but c. Date Filed: April 26, 2001. DC 20426, or by calling (202) 208–1371. only those who file a motion to d. Applicant: Symbiotics, LLC. The application may be viewed on intervene in accordance with the e. Name of Project: Chabot Dam http://www.ferc.fed.us/online/rims.htm Commission’s Rules may become a Project. (call (202) 208–2222 for assistance). A party to the proceeding. Any comments, f. Location: On the San Leandro River, copy is also available for inspection and protests, or motions to intervene must in Alameda County, California. The reproduction at the address in item h be received on or before the specified project would not utilize any federal above. comment date for the particular dam or facilities. m. Preliminary Permit—Anyone application. g. Filed Pursuant to: Federal Power desiring to file a competing application r. Filing and Service of Responsive Act, 16 U.S.C. 791(a)–825(r). for preliminary permit for a proposed Documents—Any filing must bear in all h. Applicant Contact: Mr. Brent L. project must submit the competing capital letters the title ‘‘COMMENTS’’, Smith, President, Northwest Power application itself, or a notice of intent to ‘‘NOTICE OF INTENT TO FILE Services, Inc., P.O. Box 535, Rigby, ID file such an application, to the COMPETING APPLICATION’’, 83442, (208) 745–8630. Commission on or before the specified ‘‘COMPETING APPLICATION’’, i. FERC Contact: Robert Bell, (202) comment date for the particular ‘‘PROTEST’’, ‘‘MOTION TO 219–2806. application (see 18 CFR 4.36). INTERVENE’’, as applicable, and the j. Deadline for filing motions to Submission of a timely notice of intent Project Number of the particular intervene, protests and comments: 60 allows an interested person to file the application to which the filing refers. days from the issuance date of this competing preliminary permit Any of the above-named documents notice. application no later than 30 days after must be filed by providing the original All documents (original and eight the specified comment date for the and the number of copies provided by copies) should be filed with: David P. particular application. A competing the Commission’s regulation to: The Boergers, Secretary, Federal Energy preliminary permit application must Secretary, Federal Energy Regulatory Regulatory Commission, 888 First conform with 18 CFR 4.30(b) and 4.36. Commission, 888 First Street, NE., Street, NE., Washington, DC 20426. n. Preliminary Permit—Any qualified Washington, DC 20426. An additional Comments, motions to intervene, and development applicant desiring to file a copy must be sent to Director, Division protests may be electronically filed via competing development application of Hydropower Administration and the internet in lieu of paper. See, 18 must submit to the Commission, on or Compliance, Federal Energy Regulatory CFR 385.2001(a)(1)(iii) and the before a specified comment date for the Commission, at the above-mentioned instructions on the Commission’s web particular application, either a
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competing development application or a Commission, 888 First Street, NE., Street, NE., Washington, DC 20426. notice of intent to file such an Washington, DC 20426. An additional Comments, motions to intervene, and application. Submission of a timely copy must be sent to Director, Division protests may be electronically filed via notice of intent to file a development of Hydropower Administration and the internet in lieu of paper. See 18 CFR application allows an interested person Compliance, Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions to file the competing application no Commission, at the above-mentioned on the Commission’s web site at later than 120 days after the specified address. A copy of any notice of intent, http://www.ferc.fed.us/efi/doorbell.htm. comment date for the particular competing application or motion to Please include the project number (P– application. A competing license intervene must also be served upon each 11925–000) on any comments or application must conform with 18 CFR representative of the Applicant motions filed. 4.30(b) and 4.36. specified in the particular application. The Commission’s Rules of Practice o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, and Procedure require all interveners must specify the exact name, business and local agencies are invited to file filing documents with the Commission address, and telephone number of the comments on the described application. to serve a copy of that document on prospective applicant, and must include A copy of the application may be each person in the official service list an unequivocal statement of intent to obtained by agencies directly from the for the project. Further, if an intervener submit, if such an application may be Applicant. If an agency does not file files comments or documents with the filed, either a preliminary permit comments within the time specified for Commission relating to the merits of an application or a development filing comments, it will be presumed to issue that may affect the responsibilities application (specify which type of have no comments. One copy of an of a particular resource agency, they application). A notice of intent must be agency’s comments must also be sent to must also serve a copy of the document served on the applicant(s) named in this the Applicant’s representatives. on that resource agency. public notice. k. Description of Project: The p. Proposed Scope of Studies under Linwood A. Watson, Jr., proposed project using the Bureau of Permit—A preliminary permit, if issued, Acting Secretary. Reclamation’s Wickiup Dam and does not authorize construction. The [FR Doc. 01–15518 Filed 6–19–01; 8:45 am] impoundment would consist of: (1) A term of the proposed preliminary permit BILLING CODE 6717–01–M proposed intake structure, (2) a would be 36 months. The work proposed 400-foot-long, 120-inch- proposed under the preliminary permit diameter steel penstock, (3) a proposed would include economic analysis, DEPARTMENT OF ENERGY powerhouse containing two generating preparation of preliminary engineering units having a total installed capacity of plans, and a study of environmental Federal Energy Regulatory 4 MW, (4) a proposed 9-mile-long, 15– impacts. Based on the results of these Commission kV transmission line, and (5) studies, the Applicant would decide appurtenant facilities. whether to proceed with the preparation Notice of Application Accepted for The project would have an annual of a development application to Filing and Soliciting Motions To generation of 18 GWh that would be construct and operate the project. Intervene, Protests, and Comments sold to a local utility. q. Comments, Protests, or Motions to June 14, 2001. l. A copy of the application is available for inspection and Intervene—Anyone may submit Take notice that the following reproduction at the Commission’s comments, a protest, or a motion to hydroelectric application has been filed Public Reference Room, located at 888 intervene in accordance with the with the Commission and is available First Street, NE, Room 2A, Washington, requirements of Rules of Practice and for public inspection: Procedure, 18 CFR 385.210, .211, .214. a. Type of Application: Preliminary DC 20426, or by calling (202) 208–1371. In determining the appropriate action to Permit. The application may be viewed on take, the Commission will consider all b. Project No.: 11953–000. http://www.ferc.fed.us/online/rims.htm protests or other comments filed, but c. Date filed: April 16, 2001. (call (202) 208–2222 for assistance). A only those who file a motion to d. Applicant: Symbiotics, LLC. copy is also available for inspection and intervene in accordance with the e. Name of Project: Wickiup Dam reproduction at the address in item h Commission’s Rules may become a Project. above. party to the proceeding. Any comments, f. Location: On the Deschutes River, m. Preliminary Permit—Anyone protests, or motions to intervene must in Deschutes County, Oregon. The desiring to file a competing application be received on or before the specified project would utilize the existing for preliminary permit for a proposed comment date for the particular Bureau of Reclamation’s Wickiup Dam. project must submit the competing application. g. Filed Pursuant to: Federal Power application itself, or a notice of intent to r. Filing and Service of Responsive Act, 16 U.S.C. 791(a)–825(r). file such an application, to the Documents—Any filings must bear in h. Applicant Contact: Mr. Brent L. Commission on or before the specified all capital letters the title Smith, President, Northwest Power comment date for the particular ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Services, Inc., P.O. Box 535, Rigby, ID application (see 18 CFR 4.36). TO FILE COMPETING APPLICATION’’, 834422, (208) 745–8630. Submission of a timely notice of intent ‘‘COMPETING APPLICATION’’, i. FERC Contact: Robert Bell, (202) allows an interested person to file the ‘‘PROTEST’’, or ‘‘MOTION TO 219–2806. competing preliminary permit INTERVENE’’, as applicable, and the j. Deadline for filing motions to application no later than 30 days after Project Number of the particular intervene, protests and comments: 60 the specified comment date for the application to which the filing refers. days from the issuance date of this particular application. A competing Any of the above-named documents notice. preliminary permit application must must be filed by providing the original All documents (original and eight conform with 18 CFR 4.30(b) and 4.36. and the number of copies provided by copies) should be filed with: David P. n. Preliminary Permit—Any qualified the Commission’s regulations to: The Boergers, Secretary, Federal Energy development applicant desiring to file a Secretary, Federal Energy Regulatory Regulatory Commission, 888 First competing development application
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must submit to the Commission, on or and the number of copies provided by All documents (original and eight before a specified comment date for the the Commission’s regulations to: The copies) should be filed with: David P. particular application, either a Secretary, Federal Energy Regulatory Boergers, Secretary, Federal Energy competing development application or a Commission, 888 First Street, NE., Regulatory Commission, 888 First notice of intent to file such an Washington, DC 20426. An additional Street, NE, Washington, DC 20426. application. Submission of a timely copy must be sent to Director, Division Comments, motions to intervene, and notice of intent to file a development of Hydropower Administration and protests may be electronically filed via application allows an interested person Compliance, Federal Energy Regulatory the internet in lieu of paper. See 18 CFR to file the competing application no Commission, at the above-mentioned 385.2001(a)(1)(iii) and the instructions later than 120 days after the specified address. A copy of any notice of intent, on the Commission’s web site at http:/ comment date for the particular competing application or motion to /www.ferc/fed/us/efi/doorbell.htm. application. A competing license intervene must also be served upon each Please include the project number application must conform with 18 CFR representative of the Applicant (P–11925–000) on any comments or 4.30(b) and 4.36. specified in the particular application. motions filed. o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, The Commission’s Rules of Practice must specify the exact name, business and local agencies are invited to file and Procedure require all interveners address, and telephone number of the comments on the described application. filing documents with the Commission prospective applicant, and must include A copy of the application may be to serve a copy of that document on an unequivocal statement of intent to obtained by agencies directly from the each person in the official service list submit, if such an application may be Applicant. If an agency does not file for the project. Further, if an intervener filed, either a preliminary permit comments within the time specified for files comments or documents with the application or a development filing comments, it will be presumed to Commission’s relating to the merits of application (specify which type of have no comments. One copy of an an issue that may affect the application). A notice of intent must be agency’s comments must also be sent to responsibilities of a particular resource served on the applicant(s) named in this the Applicant’s representatives. agency, they must also serve a copy of public notice. the document on the resource agency. p. Proposed Scope of Studies under Linwood A. Watson, Jr., k. Description of Project: The Permit—A preliminary permit, if issued, Acting Secretary. proposed project using the Bureau of does not authorize construction. The [FR Doc. 01–15523 Filed 6–19–01; 8:45 am] Reclamation’s Savage Rapids Diversion term of the proposed preliminary permit BILLING CODE 6717–01–M Dam and impoundment would consist would be 36 months. The work of: (1) a proposed intake structure; (2) a proposed under the preliminary permit proposed 75-foot-long, 240-inch- would include economic analysis, DEPARTMENT OF ENERGY diameter steel penstock; (3) a proposed preparation of preliminary engineering plans, and a study of environmental Federal Energy Regulatory powerhouse containing two generating impacts. Based on the results of these Commission units having a total installed capacity of studies, the Applicant would decide 6 MW; (4) a proposed 5-mile-long, 15- whether to proceed with the preparation Notice of Application Accepted for kV transmission line; and (5) of a development application to Filing and Soliciting Motions To appurtenant facilities. construct and operate the project. Intervene, Protests, and Comments The project would have an annual q. Comments, Protests, or Motions to generation of 26 GWh that would be June 14, 2001. sold to a local utility. Intervene—Anyone may submit Take notice that the following comments, a protest, or a motion to l. A copy of the application is hydroelectric application has been filed available for inspection and intervene in accordance with the with the Commission and is available requirements of Rules of Practice and reproduction at the Commission’s for public inspection: Public Reference Room, located at 888 Procedure, 18 CFR 385.210, .211, .214. a. Type of Application: Preliminary In determining the appropriate action to First Street, NE, Room 2A, Washington, Permit. DC 20426, or by calling (202) 208–1371. take, the Commission will consider all b. Project No.: 11959–000. The application may be viewed on protests or other comments filed, but c. Date Filed: April 17, 2001. only those who file a motion to d. Applicant: Symbiotics, LLC. http://www.ferc/fed/us/efi/doorbell.htm intervene in accordance with the e. Name of Project: Savage Rapids (202) 208–2222 for assistance). A copy Commission’s Rules may become a Diversion Dam Project. is also available for inspection and party to the proceeding. Any comments, f. Location: On the Rogue River, in reproduction at the address in item h protests, or motions to intervene must Josephine and Jackson Counties, above. be received on or before the specified Oregon. The project would utilize the m. Preliminary Permit—Anyone comment date for the particular existing Bureau of Reclamation’s Savage desiring to file a competing application application. Rapids Diversion Dam. for preliminary permit for a proposed r. Filing and Service of Responsive g. Filed Pursuant to: Federal Power project must submit the competing Documents—Any filings must bear in Act, 16 U.S.C. 791(a)–825(r). application itself, or a notice of intent to all capital letters the title h. Applicant Contact: Mr. Brent L. file such an application, to the ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Smith, President, Northwest Power Commission on or before the specified TO FILE COMPETING APPLICATION’’, Services, Inc., P.O. Box 535, Rigby, ID comment date for the particular ‘‘COMPETING APPLICATION’’, 83442, (208) 745–8630. application (see 18 CFR 4.36). ‘‘PROTEST’’, ‘‘MOTION TO i. FERC Contact: Robert Bell, (202) Submission of a timely notice of intent INTERVENE’’, as applicable, and the 219–2806. allows an interested person to file the Project Number of the particular j. Deadline for filing motions to competing preliminary permit application to which the filing refers. intervene, protests and comments: 60 application no later than 30 days after Any of the above-named documents days from the issuance date of this the specified comment date for the must be filed by providing the original notice. particular application. A competing
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preliminary permit application must INTERVENE’’, as applicable, and the j. Deadline for filing motions to conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular intervene, protests and comments: 60 n. Preliminary Permit—Any qualified application to which the filing refers. days from the issuance date of this development applicant desiring to file a Any of the above-named documents notice. competing development application must be filed by providing the original All documents (original and eight must submit to the Commission, on or and the number of copies provided by copies) should be filed with: David P. before a specified comment date for the the Commission’s regulations to: The Boergers, Secretary, Federal Energy particular application, either a Secretary, Federal Energy Regulatory Regulatory Commission, 888 First competing development application or a Commission, 888 First Street, NE, Street, NE., Washington, DC 20426. notice of intent to file such an Washington, DC 20426. An additional Comments, motions to intervene, and application. Submission of a timely copy must be sent to Director, Division protests may be electronically filed via notice of intent to file a development of Hydropower Administration and the internet in lieu of paper. See 18 CFR application allows an interested person Compliance, Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions to file the competing application no Commission, at the above-mentioned on the Commission’s web site at http:/ later than 120 days after the specified address. A copy of any notice of intent, /www.ferc.fed.us/efi/doorbell.htm. comment date for the particular competing application or motion to Please include the project number (P– application. A competing license intervene must also be served upon each 11962–000) on any comments or application must conform with 18 CFR representative of the Applicant motions filed. 4.30(b) and 4.36. specified in the particular application. The Commission’s Rules of Practice o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, and Procedure require all interveners must specify the exact name, business and local agencies are invited to file filing documents with the Commission address, and telephone number of the comments on the described application. to serve a copy of that document on prospective applicant, and must include A copy of the application may be each person in the official service list an unequivocal statement of intent to obtained by agencies directly from the for the project. Further, if an intervener submit, if such an application may be applicant. If an agency does not file files comments or documents with the filed, either a preliminary permit comments within the time specified for Commission relating to the merits of an application or a development filing comments, it will be presumed to issue that may affect the responsibilities application (specify which type of have no comments. One copy of an of a particular resource agency, they application). A notice of intent must be agency’s comments must also be sent to must also serve a copy of the document served on the applicant(s) named in this the Applicant’s representatives. on that resource agency. public notice. k. Description of Project: The p. Proposed Scope of Studies under Linwood A. Watson, Jr., proposed project using the Bureau of Permit—A preliminary permit, if issued, Acting Secretary. Reclamation’s Horseshoe Dam and does not authorize construction. The [FR Doc. 01–15524 Filed 6–19–01; 8:45 am] impoundment would consist of: (1) A term of the proposed preliminary permit BILLING CODE 6717–01–M proposed intake structure, (2) a would be 36 months. The work proposed 300-foot-long, 240-inch- proposed under the preliminary permit diameter steel penstock, (3) a proposed would include economic analysis, DEPARTMENT OF ENERGY powerhouse containing two generating preparation of preliminary engineering units having a total installed capacity of plans, and a study of environmental Federal Energy Regulatory 3 MW, (4) a proposed 5-mile-long, 15- impacts. Based on the results of these Commission kv transmission line, and (5) studies, the Applicant would decide appurtenant facilities. whether to proceed with the preparation Notice of Application Accepted for The project would have an annual of a development application to Filing and Soliciting Motions To generation of 25 GWh that would be construct and operate the project. Intervene, Protests, and Comments sold to a local utility. q. Comments, Protests, or Motions to l. A copy of the application is June 14, 2001. Intervene—Anyone may submit available for inspection and Take notice that the following comments, a protest, or a motion to reproduction at the Commission’s hydroelectric application has been filed intervene in accordance with the Public Reference Room, located at 888 with the Commission and is available requirements of Rules of Practice and first Street, NE, Room 2A, Washington, for public inspection: Procedure, 18 CFR 385.210, .211, .214. a. Type of Application: Preliminary DC 20426, or by calling (202) 208–1371. In determining the appropriate action to Permit. The application may be viewed on take, the Commission will consider all b. Project No.: 11962–000. http://www.ferc.fed.us/online/rims.htm protests or other comments filed, but c. Date filed: April 17, 2001. (call (202) 208–2222 for assistance). A only those who file a motion to d. Applicant: Symbiotics, LLC. copy is also available for inspection and intervene in accordance with the e. Name of Project: Horseshoe Dam reproduction at the address in item h Commission’s Rules may become a Project. above. party to the proceeding. Any comments, f. Location: On the Verde River, in m. Preliminary Permit—Anyone protests, or motions to intervene must Maricopa County, Arizona. The project desiring to file a completing application be received on or before the specified would utilize the existing Bureau of for preliminary permit for a proposed comment date for the particular Reclamation’s Horseshoe Dam. project must submit the competing application. g. Filed Pursuant to: Federal Power application itself, or a notice of intent to r. Filing and Service of Responsive Act, 16 U.S.C. 791(a)–825(r). file such an application, to the Documents—Any filings must bear in h. Applicant Contact: Mr. Brent L. Commission on or before the specified all capital letters the title Smith, President, Northwest Power comment date for the particular ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Services, Inc., P.O. Box 535, Rigby, ID application (see 18 CFR 4.36). TO FILE COMPETING APPLICATION’’, 83442, (208) 745–8630. Submission of a timely notice of intent ‘‘COMPETING APPLICATION’’, i. FERC Contact: Robert Bell, (202) allows an interested person to file the ‘‘PROTEST’’, ‘‘MOTION TO 219–2806. competing preliminary permit
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application no later than 30 days after TO FILE COMPETING APPLICATION’’, i. FERC Contact: Robert Bell, (202) the specified comment date for the ‘‘COMPETING APPLICATION’’, 219–2806. particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO j. Deadline for filing motions to preliminary permit application must INTERVENE’’, as applicable, and the intervene, protests and comments: 60 conform with 18 CFT 4.30(b) and 4.36. Project Number of the particular days from the issuance date of this n. Preliminary Permit—Any qualified application to which the filing refers. notice. development applicant desiring to file a Any of the above-named documents All documents (original and eight competing development application must be filed by providing the original copies) should be filed with: David P. must submit to the Commission, on or and the number of copies provided by Boergers, Secretary, Federal Energy before a specified comment date for the the Commission’s regulations to: The Regulatory Commission, 888 First particular application, either a Secretary, Federal Energy Regulatory Street, NE., Washington, DC 20426. competing development application or a Commission, 888 First Street, NE., Comments, motions to intervene, and notice of intent to file such an Washington, DC 20426. An additional protests may be electronically filed via application. Submission of a timely copy must be sent to Director, Division the internet in lieu of paper. See 18 CFR notice of intent to file a development of Hydropower Administration and 385.2001(a)(1)(iii) and the instructions application allows an interested person Compliance, Federal Energy Regulatory on the Commission’s web site at http:/ to file the competing application no Commission, at the above-mentioned /www.ferc.fed.us/efi/doorbell.htm. later than 120 days after the specified address. A copy of any notice of intent, Please include the project number (P– comment date for the particular competing application or motion to 11985–000) on any comments or application. A competing license intervene must also be served upon each motions filed. application must conform with 18 CFR representative of the Applicant The Commission’s Rules of Practice 4.30(b) and 4.36. specified in the particular application. and Procedure require all interveners o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, filing documents with the Commission must specify the exact name, business and local agencies are invited to file to serve a copy of that document on address, and telephone number of the comments on the described application. each person in the official service list prospective applicant, and must include A copy of the application may be for the project. Further, if an intervener an unequivocal statement of intent to obtained by agencies directly from the files comments or documents with the submit, if such an application may be Applicant. If an agency does not file Commission relating to the merits of an filed, either a preliminary permit comments within the time specified for issue that may affect the responsibilities application or a development filing comments, it will be presumed to of a particular resource agency, they application (specify which type of have no comments. One copy of an must also serve a copy of the document application). A notice of intent must be agency’s comments must also be sent to on that resource agency. k. Description of Project: The served on the applicant(s) named in this the Applicant’s representatives. public notice. proposed project using the U.S. Bureau p. Proposed Scope of Studies under Linwood A. Watson, Jr., of Reclamation’s Altus Dam would Permit—A preliminary permit, if issued, Acting Secretary. consist of: (1) a proposed intake does not authorize construction. The [FR Doc. 01–15525 Filed 6–19–01; 8:45 am] structure, (2) a proposed 400-foot-long, term of the proposed preliminary permit BILLING CODE 6717–01–M 120-inch-diameter steel penstock, (3) a would be 36 months. The work proposed powerhouse containing two proposed under the preliminary permit generating units having a total installed would include economic analysis, DEPARTMENT OF ENERGY capacity of 4.6 MW, (4) a proposed 8- preparation of preliminary engineering mile-long, 15-kV transmission line, and plans, and a study of environmental Federal Energy Regulatory (5) appurtenant facilities. impacts. Based on the results of these Commission The project would have an annual studies, the Applicant would decide generation of 30.5 GWh that would be whether to proceed with the preparation Notice of Application Accepted for sold to a local utility. of a development application to Filing and Soliciting Motions To l. A copy of the application is construct and operate the project. Intervene, Protests, and Comments available for inspection and q. Comments, Protests, or Motions to reproduction at the Commission’s June 14, 2001. Intervene—Anyone may submit Public Reference Room, located at 888 Take notice that the following comments, a protest, or a motion to First Street, NE., Room 2A, Washington, hydroelectric application has been filed intervene in accordance with the DC 20426, or by calling (202) 208–1371. with the Commission and is available requirements of Rules of Practice and The application may be viewed on for public inspection: Procedure, 18 CFR 385.210, .211, .214. a. Type of Application: Preliminary http://www.ferc.fed.us/online/rims.htm In determining the appropriation action Permit. (call (202) 208–2222 for assistance). A to take, the Commission will consider b. Project No.: 11985–000. copy is also available for inspection and all protests or other comments filed, but c. Date filed: April 23, 2001. reproduction at the address in item h only those who file a motion to d. Applicant: Symbiotics, LLC. above. intervene in accordance with the e. Name of Project: Altus Dam Project. m. Preliminary Permit—Anyone Commission’s Rules may become a f. Location: On the North Fork of the desiring to file a competing application party to the proceeding. Any comments, Red River, in Greer County, Oklahoma. for preliminary permit for a proposed protests, or motions to intervene must The project would utilize the U.S. project must submit the competing be received on or before the specified Bureau of Reclamation’s Altus Dam. application itself, or a notice of intent to comment date for the particular g. Filed Pursuant to: Federal Power file such an application, to the application. Act, 16 U.S.C. 791(a)–825(r). Commission on or before the specified r. Filing and Service of Responsive h. Applicant Contact: Mr. Brent L. comment date for the particular Documents—Any filings must bear in Smith, President, Northwest Power application (see 18 CFR 4.36). all capital letters the title Services, Inc., P.O. Box 535, Rigby, ID Submission of a timely notice of intent ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT 83442, (208) 745–8630. allows an interested person to file the
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competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Services, Inc., P.O. Box 535, Rigby, ID application no later than 30 days after TO FILE COMPETING APPLICATION’’, 83442, (208) 745–8630. the specified comment date for the ‘‘COMPETING APPLICATION’’, i. FERC Contact: Robert Bell, (202) particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO 219–2806. preliminary permit application must INTERVENE’’, as applicable, and the j. Deadline for filing motions to conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular intervene, protests and comments: 60 n. Preliminary Permit—Any qualified application to which the filing refers. days from the issuance date of this development applicant desiring to file a Any of the above-named documents notice. competing development application must be filed by providing the original All documents (original and eight must submit to the Commission, on or and the number of copies provided by copies) should be filed with: David P. before a specified comment date for the the Commission’s regulations to: The Boergers, Secretary, Federal Energy particular application, either a Secretary, Federal Energy Regulatory Regulatory Commission, 888 First competing development application or a Commission, 888 First Street, N.E., Street, NE, Washington, DC 20426. notice of intent to file such an Washington, DC 20426. An additional Comments, motions to intervene, and application. Submission of a timely copy must be sent to Director, Division protests may be electronically filed via notice of intent to file a development of Hydropower Administration and the internet in lieu of paper. See 18 CFR application allows an interested person Compliance, Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions to file the competing application no Commission, at the above-mentioned on the Commission’s web site at http:/ later than 120 days after the specified address. A copy of any notice of intent, /www.ferc.fed.us/efi/doorbell.htm. comment date for the particular competing application or motion to Please include the project number (P– application. A competing license intervene must also be served upon each 12002–000) on any comments or application must conform with 18 CFR representative of the Applicant motions filed. The Commission’s Rules of Practice 4.30(b) and 4.36. specified in the particular application. o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, and Procedure require all interveners must specify the exact name, business and local agencies are invited to file filing documents with the Commission address, and telephone number of the comments on the described application. to serve a copy of that document on prospective applicant, and must include A copy of the application may be each person in the official service list an unequivocal statement of intent to obtained by agencies directly from the for the project. Further, if an intervener submit, if such an application may be Applicant. If an agency does not file files comments or documents with the filed, either a preliminary permit comments within the time specified for Commission relating to the merits of an application or a development filing comments, it will be presumed to issue that may affect the responsibilities application (specify which type of have no comments. One copy of an of a particular resource agency, they application). A notice of intent must be agency’s comments must also be sent to must also serve a copy of the document served on the applicant(s) named in this the Applicant’s representatives. on that resource agency. public notice. k. Description of Project: The p. Proposed Scope of Studies Under Linwood A. Watson, Jr., proposed project would utilize the Permit—A preliminary permit, if issued, Acting Secretary. existing U.S. Army Corps of Engineers does not authorize construction. The [FR Doc. 01–15526 Filed 6–19–01; 8:45 am] Hensley Dam and would consist of: (1) term of the proposed preliminary permit BILLING CODE 6717–01–M A proposed intake structure, (2) a would be 36 months. The work proposed 300-foot-long, 96-inch- proposed under the preliminary permit diameter steel penstock, (3) a proposed would include economic analysis, DEPARTMENT OF ENERGY powerhouse containing one generating preparation of preliminary engineering unit having a total installed capacity of plans, and a study of environmental Federal Energy Regulatory 1.4 MW, (4) a proposed 17-mile-long, impacts. Based on the results of these Commission 15-kV transmission line, and (5) studies, the Applicant would decide appurtenant facilities. whether to proceed with the preparation Notice of Application Accepted for The project would have an annual of a development application to Filing and Soliciting Motions to generation of 6.2 GWh that would be construct and operate the project. Intervene, Protests, and Comments sold to a local utility. q. Comments, Protests, or Motions to l. A copy of the application is June 14, 2001. Intervene—Anyone may submit available for inspection and Take notice that the following comments, a protest, or a motion to reproduction at the Commission’s hydroelectric application has been filed intervene in accordance with the Public Reference Room located at 888 with the Commission and is available requirements of Rules of Practice and First Street, NE., Room 2A, Washington, for public inspection: Procedure, 18 CFR 385.210, .211, .214. a. Type of Application: Preliminary DC 20426, or by calling (202) 208–1371. In determining the appropriate action to Permit. The application may be viewed on take, the Commission will consider all b. Project No.: 12002–000. http://www.ferc.fed.us/online/rims.htm protests or other comments filed, but c. Date filed: April 26, 2001. (call (202) 208–2222 for assistance). A only those who file a motion to d. Applicant: Symbiotics, LLC. copy is also available for inspection and intervene in accordance with the e. Name of Project: Hensley Dam reproduction at the address in item h Commission’s Rules may become a Project. above. party to the proceeding. Any comments, f. Location: On the Fresno River, in m. Preliminary Permit—Anyone protests, or motions to intervene must Madera County, California. The project desiring to file a competing application be received on or before the specified would utilize the existing U.S. Army for preliminary permit for a proposed comment date for the particular Corps of Engineers Hensley Dam. project must submit the competing application. g. Filed Pursuant to: Federal Power application itself, or a notice of intent to r. Filing and Service of Responsive Act, 16 U.S.C. 791(a)–825(r). file such an application, to the Documents—Any filings must bear in h. Applicant Contact: Mr. Brent L. Commission on or before the specified all capital letters the title Smith, President, Northwest Power comment date for the particular
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application (see 18 CFR 4.36). r. Filing and Service of Responsive instructions for each method as Submission of a timely notice of intent Documents—Any filings must bear in provided in Unit I.C. of the allows an interested person to file the all capital letters the title SUPPLEMENTARY INFORMATION. To ensure competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT proper receipt by EPA, it is imperative application no later than 30 days after TO FILE COMPETING APPLICATION’’, that you identify docket control number the specified comment date for the ‘‘COMPETING APPLICATION’’, PF–1029 in the subject line on the first particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO page of your response. preliminary permit application must INTERVENE’’, as applicable, and the FOR FURTHER INFORMATION CONTACT: By conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular mail: Mike Mendelsohn, Biopesticides n. Preliminary Permit—Any qualified application to which the filing refers. and Pollution Prevention Division, development applicant desiring to file a Any of the above-named documents Registration Division (7511C), Office of competing development application must be filed by providing the original Pesticide Programs, Environmental must submit to the Commission, on or and the number of copies provided by Protection Agency, 1200 Pennsylvania before a specified comment date for the the Commission’s regulations to: The Ave., NW., Washington, DC 20460; particular application, either a Secretary, Federal Energy Regulatory telephone number: (703) 308–8715; e- competing development application or a Commission, 888 First Street, N.E., mail address: notice of intent to file such an Washington, D.C. 20426. An additional [email protected]. application. Submission of a timely copy must be sent to Director, Division notice of intent to file a development of Hydropower Administration and SUPPLEMENTARY INFORMATION: application allows an interested person Compliance, Federal Energy Regulatory to file the competing application no late Commission, at the above-mentioned I. General Information than 120 days after the specified address. A copy of any notice of intent, A. Does this Action Apply to Me? comment date for the particular competing application or motion to application. A competing license intervene must also be served upon each You may be affected by this action if application must conform with 18 CFR representative of the Applicant you are an agricultural producer, food 4.30(b) and 4.36. specified in the particular application. manufacturer or pesticide manufacturer. o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, Potentially affected categories and must specify the exact name, business and local agencies are invited to file entities may include, but are not limited address, and telephone number of the comments on the described application. to: prospective applicant, and must include A copy of the application may be an unequivocal statement of intent to obtained by agencies directly from the Examples of poten- submit, if such an application may be NAICS Applicant. If an agency does not file Categories codes tially affected enti- filed, either a preliminary permit ties comments within the time specified for application or a development filing comments, it will be presumed to application (specify which type of Industry 111 Crop production have no comments. One copy of an application). A notice of intent must be 112 Animal production agency’s comments must also be sent to 311 Food manufac- served on the applicant(s) named in this the Applicant’s representatives. turing public notice. 32532 Pesticide manufac- p. Proposed Scope of Studies Under Linwood A. Watson, Jr., turing Permit—A preliminary permit, if issued, Acting Secretary. does not authorize construction. The [FR Doc. 01–15527 Filed 6–19–01; 8:45 am] term of the proposed preliminary permit This listing is not intended to be BILLING CODE 6717–01–M would be 36 months. The work exhaustive, but rather provides a guide proposed under the preliminary permit for readers regarding entities likely to be would include economic analysis, affected by this action. Other types of preparation of preliminary engineering ENVIRONMENTAL PROTECTION entities not listed in the table could also plans, and a study of environmental AGENCY be affected. The North American Industrial Classification System impacts. Based on the results of these [PF–1029; FRL–6787–9] studies, the Applicant would decide (NAICS) codes have been provided to whether to proceed with the preparation Notice of Filing a Pesticide Petition to assist you and others in determining of a development application to Establish a Tolerance for a Certain whether or not this action might apply construct and operate the project. Pesticide Chemical in or on Food to certain entities. If you have questions q. Comments, Protests, or Motions to regarding the applicability of this action Intervene—Anyone may submit AGENCY: Environmental Protection to a particular entity, consult the person comments, a protest, or a motion to Agency (EPA). listed under FOR FURTHER INFORMATION intervene in accordance with the ACTION: Notice. CONTACT. requirements of Rules of Practice and SUMMARY: This notice announces the B. How Can I Get Additional Procedure, 18 CFR 385.210, .211, .214. Information, Including Copies of this In determining the appropriate action to initial filing of a pesticide petition proposing the establishment of Document and Other Related take, the Commission will consider all Documents? protests or other comments filed, but regulations for residues of a certain only those who file a motion to pesticide chemical in or on various food 1. Electronically. You may obtain intervene in accordance with the commodities. electronic copies of this document, and Commission’s Rules may become a DATES: Comments, identified by docket certain other related documents that party to the proceeding. Any comments, control number PF–1029, must be might be available electronically, from protests, or motions to intervene must received on or before July 20, 2001. the EPA Internet Home Page at http:// be received on or before the specified ADDRESSES: Comments may be www.epa.gov/. To access this comment date for the particular submitted by mail, electronically, or in document, on the Home Page select application. person. Please follow the detailed ‘‘Laws and Regulations’’ ‘‘Regulation
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and Proposed Rules,’’ and then look up above. Do not submit any information II. What Action is the Agency Taking? the entry for this document under the electronically that you consider to be ‘‘Federal Register—Environmental CBI. Avoid the use of special characters EPA has received a pesticide petition Documents.’’ You can also go directly to and any form of encryption. Electronic as follows proposing the establishment the Federal Register listings at http:// submissions will be accepted in and/or amendment of regulations for www.epa.gov/fedrgstr/. Wordperfect 6.1/8.0 or ASCII file residues of a certain pesticide chemical 2. In person. The Agency has format. All comments in electronic form in or on various food commodities established an official record for this must be identified by docket control under section 408 of the Federal Food, action under docket control number PF– number PF–1029. Electronic comments Drug, and Cosmetic Act (FFDCA), 21 1029. The official record consists of the may also be filed online at many Federal U.S.C. 346a. EPA has determined that documents specifically referenced in Depository Libraries. this petition contains data or this action, any public comments information regarding the elements set received during an applicable comment D. How Should I Handle CBI That I forth in section 408(d)(2); however, EPA period, and other information related to Want to Submit to the Agency? has not fully evaluated the sufficiency this action, including any information Do not submit any information of the submitted data at this time or claimed as confidential business electronically that you consider to be whether the data support granting of the information (CBI). This official record CBI. You may claim information that petition. Additional data may be needed includes the documents that are you submit to EPA in response to this before EPA rules on the petition. physically located in the docket, as well document as CBI by marking any part or List of Subjects as the documents that are referenced in all of that information as CBI. those documents. The public version of Information so marked will not be Environmental protection, the official record does not include any disclosed except in accordance with information claimed as CBI. The public Agricultural commodities, Feed procedures set forth in 40 CFR part 2. version of the official record, which additives, Food additives, Pesticides In addition to one complete version of includes printed, paper versions of any and pests, Reporting and recordkeeping the comment that includes any electronic comments submitted during requirements. information claimed as CBI, a copy of an applicable comment period, is the comment that does not contain the Dated: June 7, 2001. available for inspection in the Public information claimed as CBI must be Information and Records Integrity Kathleen D. Knox, submitted for inclusion in the public Branch (PIRIB), Rm. 119, Crystal Mall Director, Biopesticides and Pollution version of the official record. #2, 1921 Jefferson Davis Highway, Prevention Division. Information not marked confidential Arlington, VA, from 8:30 a.m. to 4 p.m., will be included in the public version Summary of Petition Monday through Friday, excluding legal of the official record without prior holidays. The PIRIB telephone number notice. If you have any questions about The petitioner summary of the is (703) 305–5805. CBI or the procedures for claiming CBI, pesticide petition is printed below as C. How and to Whom Do I Submit please consult the person identified required by section 408(d)(3) of the Comments? under FOR FURTHER INFORMATION FFDCA. The summary of the petition CONTACT. was prepared by the petitioner and You may submit comments through represents the view of the petitioner. the mail, in person, or electronically. To E. What Should I Consider as I Prepare The petition summary announces the ensure proper receipt by EPA, it is My Comments for EPA? availability of a description of the imperative that you identify docket analytical methods available to EPA for control number PF–1029 in the subject You may find the following the detection and measurement of the line on the first page of your response. suggestions helpful for preparing your 1. By mail. Submit your comments to: comments: pesticide chemical residues or an Public Information and Records explanation of why no such method is 1. Explain your views as clearly as needed. Integrity Branch (PIRIB), Information possible. Resources and Services Division 2. Describe any assumptions that you Aventis CropSciences (7502C), Office of Pesticide Programs used. (OPP), Environmental Protection PP 1F6308 Agency, 1200 Pennsylvania Ave., NW., 3. Provide copies of any technical information and/or data you used that EPA has received a pesticide petition Washington, DC 20460. [1F6308] from Aventis CropSciences, 2 2. In person or by courier. Deliver support your views. TW Alexander Drive, Research Triangle your comments to: Public Information 4. If you estimate potential burden or Park, NC 27709, proposing pursuant to and Records Integrity Branch (PIRIB), costs, explain how you arrived at the section 408(d) of the FFDCA, 21 U.S.C. Information Resources and Services estimate that you provide. 346a(d), to amend 40 CFR part 180 by Division (7502C), Office of Pesticide 5. Provide specific examples to establishing a tolerance for residues of Programs (OPP), Environmental illustrate your concerns. the plant-pesticide Cry9C and the Protection Agency, Rm. 119, Crystal genetic material necessary for its Mall #2, 1921 Jefferson Davis Highway, 6. Make sure to submit your production in or on the raw commodity Arlington, VA. The PIRIB is open from comments by the deadline in this corn at 20 parts per billion (ppb). 8:30 a.m. to 4 p.m., Monday through notice. Friday, excluding legal holidays. The 7. To ensure proper receipt by EPA, Pursuant to section 408(d)(2)(A)(i) of PIRIB telephone number is (703) 305– be sure to identify the docket control the FFDCA, as amended, Aventis 5805. number assigned to this action in the CropSciences has submitted the 3. Electronically. You may submit subject line on the first page of your following summary of information, data, your comments electronically by e-mail response. You may also provide the and arguments in support of their to: [email protected], or you can name, date, and Federal Register pesticide petition. This summary was submit a computer disk as described citation. prepared by Aventis CropSciences and
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EPA has not fully evaluated the merits gene for the Cry9C protein did not protein: heat, shear or pressure, and of the pesticide petition. The following enhance the potential of corn to be alkali treatment. summary is directly from the Aventis allergenic, as demonstrated by the 1. Dietary exposure. Aventis has submission, and does not necessarily absence of any difference in reactivity to performed a new dietary risk reflect the findings of the EPA. StarLink corn than to wild type non- assessment. Worst case estimates of transgenic corn in radioallergosorbent potential dietary intake of Cry9C protein A. Product Name and Proposed Use tests (RAST) performed with human were calculated using Novigen Sciences, Practices sera from corn allergic patients (MRID Inc., Food and Residue Evaluation StarLink corn contained the insect Number 443844–05). Program (FARE) software, food control protein named Cry9C, which is The Cry9C protein was not toxic upon consumption data in the 1994–1996 derived from the common soil single oral or repeated dietary USDA’s Continuing Survey of Food bacterium, Bacillus thuringiensis subsp. administration to rats and has no linear Intakes by Individuals (CSFII), and the tolworthi. Aventis voluntarily canceled amino acid sequence homology to any new Aventis study on reduction in the registration for StarLink corn. known human allergen or toxin (Oral Cry9C protein levels resulting from food However, StarLink corn grain grown in LD50 > 3,760 mg/kg/day, MRID Number processing. In essence, dietary intake of previous growing seasons and other 442581–07; Acute intravenous LD50 > Cry9C protein was calculated as the corn containing Cry9C protein may 0.3 mg/kg/day (MRID Numbers 447343– product of consumption of corn protein- continue to be used for animal feed or 02); 30–day repeated dose toxicity test containing foods and the expected non-food industrial uses in accordance in rats: up to 328 mg/kg/day produced concentration of Cry9C protein in such with the existing exemption from the no adverse effects, no binding to villi or foods. Intakes were estimated on a ‘‘per requirement for a tolerance for these enterocytes lining gastrointestinal tract consumer’’ basis for the overall U.S. uses. (GI) crypts of both large and small population, children 1–6 years of age, intestines, MRID Numbers 447343–03, children 7–12 years of age, the Hispanic B. Product Identity/Chemistry 443844–04, and 442581–09). RAST tests population in the U.S., Hispanic 1. Identity of the pesticide and performed with sera from individuals children 1–6 years of age, and Hispanic corresponding residues. The Cry9C gene allergic to the well-known human food children 7–12 years of age. was isolated from the B.t. tolworthi allergens, wheat; rice; buckwheat; soy; 2. Non-dietary exposure. Since the strain, truncated, and modified before it peanut; milk; eggs; and shrimp Cy9C protein is expressed in plant was stably inserted into corn plants. The confirmed that even individuals with tissues at very low levels, and since the tryptic core of the microbially produced pre-existing food allergies demonstrated StarLink product will no longer be used, Cry9C delta-endotoxin is similar to the no cross-reactivity to Cry9C (MRID exposure will be negligible to non- Cry9C protein found in event CBH-351. Number 452464–01). The level of the existent via all non-food routes. The Cry9C protein was produced and Cry9C protein in whole corn grain, E. Cumulative Exposure purified from a bacterial host, for the 0.0129%, is a very low level of total purposes of mammalian toxicity studies. protein expression in the plant Common modes of toxicity are not 2. Magnitude of residue at the time of compared to most allergens which are relevant to the consideration of the harvest and method used to determine present at 1–40% of the total plant cumulative exposure to Cry9C protein. the residue. The proposed enforcement protein (MRID Number 450257–01). F. Safety Determination method for use on raw corn destined for The Cry9C protein is somewhat more dry milling is the EnviroLogix or stable than the other Bt Cry proteins 1. U.S. population. Dietary exposure Strategic Diagnostics Inc. Lateral Flow already approved for food use. Cry9C will be the major route of exposure to Strip Test, both of which have been does digest in simulated stomach fluids the U.S. population. Estimated potential validated by USDA GIPSA and Aventis. at pH of 1.2–1.5 within 30–60 minutes daily exposures for all subpopulations The limit of detection for these two test (within normal stomach emptying time) at the 99th percentile are below 0.37 is 20 ppb Cry9C protein. The method and does denature at temperatures microgram per day, the exposure for the must be used in accordance with the likely to be encountered during cooking general population. The U.S. population recommended sampling methods (FDA and processing (MRID Numbers in general had the highest estimated Recommendations for Sampling and 447343–05, 442581–08, 451144–01, daily intake of all subpopulations Testing Yellow Corn and Dry-milled 4451144–02). Although Aventis examined. This newly refined dietary Yellow Corn Shipments Intended for interprets these data to mean that Cry9C intake estimate of the Cry9C protein is Human Food Use for Cry9C Protein protein is not an allergen, regulatory 67 times lower than the EPA’s Residues, FDA-CFSAN, January 19, officials have not been able to confirm November 2000 upper bound estimate 2001). this assessment. for the U.S. population (25 micrograms per day, 99th percentile), and 10 times C. Mammalian Toxicological Profile D. Aggregate Exposure below the highest estimate from the Aventis has conducted an extensive Aventis developed an analytical Aventis November 2000 estimate (3.9 array of toxicological testing including method to determine Cry9C protein micrograms per day for the Hispanic oral and intravenous administration, as levels in intermediate and finished food population, 99th percentile). Such well as acute and short-term exposure. products. Studies were conducted to exceedingly low levels of exposure, EPA has reviewed these data and assess the level of Cry9C protein coupled with insufficient information to concluded that there is no toxicological typically found in 12 representative conclude whether or not Cry9C protein endpoint of concern, with the possible food products made from 100% is actually a human food allergen, exception of allergenicity. StarLink corn. These studies further support the SAP finding that the The gene for the Cry9C protein comes demonstrate that there is significant levels of Cry9C protein present in the from a non-allergenic common soil reduction (80–99.9%) of Cry9C protein human diet are insufficient to either bacterium, Bacillus thuringiensis. The levels, relative to levels found in raw sensitize or cause an allergic reaction. corn plant, into which the gene for the corn, during the manufacture of food Therefore, the data support a finding of Cry9C protein was inserted, is rarely products. Three processing factors are reasonable certainty of no harm and allergenic to humans. Expression of the responsible for destruction of Cry9C justify a tolerance at 20 ppb.
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2. Infants and children. As with the proper receipt by EPA, it is imperative 2. In person. The Agency has rest of the population, the primary route that you identify docket control number established an official record for this of exposure is dietary. The dietary PF–1026 in the subject line on the first action under docket control number PF– exposure assessment indicates that page of your response. 1026. The official record consists of the children have less exposure than the FOR FURTHER INFORMATION CONTACT: By documents specifically referenced in general U.S. population. Accordingly, mail: Treva C. Alston, Registration this action, any public comments there is no need to apply an additional Support Branch, Registration Division received during an applicable comment safety factor for infants and children. (7505C), Office of Pesticide Programs, period, and other information related to Environmental Protection Agency, 1200 this action, including any information G. Effects on the Immune and Endocrine claimed as confidential business Systems Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) information (CBI). This official record EPA’s review of the submitted data 308–8373; e-mail adress: includes the documents that are concluded that there is no toxicological [email protected]. physically located in the docket, as well endpoint of concern, with the possible as the documents that are referenced in exception of allergenicity. SUPPLEMENTARY INFORMATION: those documents. The public version of the official record does not include any H. Existing Tolerances I. General Information information claimed as CBI. The public On May 22, 1998, EPA established an A. Does this Action Apply to Me? version of the official record, which exemption from the requirement of a includes printed, paper versions of any You may be affected by this action if tolerance for residues of Cry9C protein electronic comments submitted during you are an agricultural producer, food and the genetic material necessary for an applicable comment period, is manufacturer or pesticide manufacturer. its production in corn for feed use only; available for inspection in the Public Potentially affected categories and as well as in meat, poultry, milk or eggs Information and Records Integrity entities may include, but are not limited resulting from animals fed such feed. Branch (PIRIB), Rm. 119, Crystal Mall to: This exemption remains in effect. #2, 1921 Jefferson Davis Highway, I. International Tolerances Examples of poten- Arlington, VA, from 8:30 a.m. to 4 p.m., Categories NAICS tially affected enti- Monday through Friday, excluding legal To date, no Codex, Canadian or codes ties holidays. The PIRIB telephone number Mexican tolerances exist for Bt subsp. is (703) 305–5805. tolworthi Cry9C protein in corn. Industry 111 Crop production 112 Animal production C. How and to Whom Do I Submit J. Conclusions 311 Food manufacturing Comments? Aventis CropScience believes that this 32532 Pesticide manufac- You may submit comments through petition provides adequate grounds for turing the mail, in person, or electronically. To the establishment of a tolerance of 20 ensure proper receipt by EPA, it is ppb for residues of the insecticide, Bt This listing is not intended to be imperative that you identify docket subsp. tolworthi Cry9C protein in or on exhaustive, but rather provides a guide control number PF–1026 in the subject the raw agricultural commodity, corn. for readers regarding entities likely to be line on the first page of your response. [FR Doc. 01–15294 Filed 6–19–01; 8:45 am] affected by this action. Other types of 1. By mail. Submit your comments to: BILLING CODE 6560–50–S entities not listed in the table could also Public Information and Records be affected. The North American Integrity Branch (PIRIB), Information Industrial Classification System Resources and Services Division ENVIRONMENTAL PROTECTION (NAICS) codes have been provided to (7502C), Office of Pesticide Programs AGENCY assist you and others in determining (OPP), Environmental Protection whether or not this action might apply [PF–1026; FRL–6785–9] Agency, 1200 Pennsylvania Ave., NW., to certain entities. If you have questions Washington, DC 20460. Notice of Filing Pesticide Petitions to regarding the applicability of this action 2. In person or by courier. Deliver Establish a Tolerance for Certain to a particular entity, consult the person your comments to: Public Information Pesticide Chemicals in or on Food listed under FOR FURTHER INFORMATION and Records Integrity Branch (PIRIB), CONTACT. Information Resources and Services AGENCY: Environmental Protection Division (7502C), Office of Pesticide Agency (EPA). B. How Can I Get Additional Information, Including Copies of this Programs (OPP), Environmental ACTION: Notice. Document and Other Related Protection Agency, Rm. 119, Crystal Documents? Mall #2, 1921 Jefferson Davis Highway, SUMMARY: This notice announces the Arlington, VA. The PIRIB is open from initial filing of pesticide petitions 1. Electronically. You may obtain 8:30 a.m. to 4 p.m., Monday through proposing the establishment of electronic copies of this document, and Friday, excluding legal holidays. The regulations for residues of certain certain other related documents that PIRIB telephone number is (703) 305– pesticide chemicals in or on various might be available electronically, from 5805. food commodities. the EPA Internet Home Page at http:// 3. Electronically. You may submit DATES: Comments, identified by docket www.epa.gov/. To access this your comments electronically by e-mail control number PF–1026, must be document, on the Home Page select to: [email protected], or you can received on or before July 20, 2001. ‘‘Laws and Regulations’’ ‘‘Regulation submit a computer disk as described ADDRESSES: Comments may be and Proposed Rules,’’ and then look up above. Do not submit any information submitted by mail, electronically, or in the entry for this document under the electronically that you consider to be person. Please follow the detailed ‘‘Federal Register—Environmental CBI. Avoid the use of special characters instructions for each method as Documents.’’ You can also go directly to and any form of encryption. Electronic provided in Unit I.C. of the the Federal Register listings at http:// submissions will be accepted in SUPPLEMENTARY INFORMATION. To ensure www.epa.gov/fedrgstr/. Wordperfect 6.1/8.0 or ASCII file
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format. All comments in electronic form U.S.C. 346a. EPA has determined that their compliance with the low risk must be identified by docket control these petitions contain data or polymer criteria per 40 CFR 723.250. number PF–1026. Electronic comments information regarding the elements set Therefore, an analytical method to may also be filed online at many Federal forth in section 408(d)(2); however, EPA determine residues in raw agricultural Depository Libraries. has not fully evaluated the sufficiency commodities has not been proposed. No of the submitted data at this time or residue chemistry data or environmental D. How Should I Handle CBI That I whether the data support granting of the fate data are presented in the petition as Want to Submit to the Agency? petition. Additional data may be needed the Agency does not generally require Do not submit any information before EPA rules on the petition. some or all of the listed studies to rule electronically that you consider to be List of Subjects on the exemption from the requirement CBI. You may claim information that of a tolerance for a low risk polymer you submit to EPA in response to this Environmental protection, inert ingredient. document as CBI by marking any part or Agricultural commodities, Feed all of that information as CBI. additives, Food additives, Pesticides B. Toxicological Profile Information so marked will not be and pests, Reporting and recordkeeping The Agency has established a set of disclosed except in accordance with requirements. criteria which identifies categories of procedures set forth in 40 CFR part 2. polymers that present low risk. These Dated: May 20, 2001. In addition to one complete version of criteria (described in 40 CFR 723.250) the comment that includes any James Jones, identify polymers that are relatively information claimed as CBI, a copy of Director, Registration Division, Office of unreactive and stable compared to other the comment that does not contain the Pesticide Programs. chemical substances as well as polymers information claimed as CBI must be Summaries of Petitions that typically are not readily absorbed. Uniqema believes that modified acrylic submitted for inclusion in the public Petitioner summaries of the pesticide version of the official record. petitions are printed below as required polymers conform to the definition of a Information not marked confidential by section 408(d)(3) of the FFDCA. The polymer given in 40 CFR 723.250 and will be included in the public version summaries of the petitions were meet the criteria used to identify a low of the official record without prior prepared by the petitioner and represent risk polymer. Uniqema also believes notice. If you have any questions about the views of the petitioners. EPA is that based on these polymers, CBI or the procedures for claiming CBI, publishing the petition summaries conformance to the above–mentioned please consult the person identified verbatim without editing them in any criteria, no mammalian toxicity is under FOR FURTHER INFORMATION way. The petition summary announces anticipated from dietary, inhalation or CONTACT. the availability of a description of the dermal exposure to polymers and that analytical methods available to EPA for these polymers will present minimal or E. What Should I Consider as I Prepare no risk. My Comments for EPA? the detection and measurement of the pesticide chemical residues or an 1. These polymers are not cationic You may find the following explanation of why no such method is polymers. 2. They contain as an integral part of suggestions helpful for preparing your needed. comments: their composition the atomic elements 1. Explain your views as clearly as Uniqema carbon, hydrogen, and oxygen. 3. They do not contain as an integral possible. PP 1E6293 2. Describe any assumptions that you part of their composition, except as used. EPA has received a pesticide petition impurities, any elements other than 3. Provide copies of any technical (1E6293) from Uniqema, 900 Uniqema those listed in 40 CFR 723.250(d)(2)(ii). information and/or data you used that Blvd, New Castle, DE 19720 proposing, 4. These polymers are not designed or support your views. pursuant to section 408(d) of the Federal reasonably anticipated to substantially 4. If you estimate potential burden or Food, Drug, and Cosmetic Act (FFDCA), degrade, decompose, or depolymerize. costs, explain how you arrived at the 21 U.S.C. 346a(d), to amend 40 CFR part 5. These polymers are not estimate that you provide. 180 to establish an exemption from the manufactured or imported from 5. Provide specific examples to requirement of a tolerance for modified monomers and/or other reactants that illustrate your concerns. acrylic polymers when used as an inert are not already on the TSCA Chemical 6. Make sure to submit your ingredient in pesticide formulations Substance Inventory or manufactured comments by the deadline in this applied to growing crops, raw under an applicable TSCA section 5 notice. agricultural commodities after harvest, exemption. 7. To ensure proper receipt by EPA, or in pesticide formulations applied to 6. They are not water absorbing be sure to identify the docket control animals. EPA has determined that the polymers. number assigned to this action in the petition contains data or information 7. The minimum average molecular subject line on the first page of your regarding the elements set forth in weight of the above–mentioned response. You may also provide the section 408(d)(2) of the FFDCA; polymers is greater than 1,000. name, date, and Federal Register however, EPA has not fully evaluated Substances with molecular weights citation. the sufficiency of the submitted data at greater than 400 are generally not this time or whether the data support readily absorbed through the intact skin, II. What Action is the Agency Taking? granting of the petition. Additional data and substances with molecular weights EPA has received pesticide petitions may be needed before EPA rules on the greater than 1,000 are generally not as follows proposing the establishment petition. absorbed through the intact and/or amendment of regulations for gastrointestinal (GI) tract. Chemicals not residues of certain pesticide chemicals A. Residue Chemistry absorbed through the GI tract are in or on various food commodities Uniqema is petitioning that modified generally incapable of eliciting a toxic under section 408 of the Federal Food, acrylic polymers be exempt from the response. These polymers have an Drug, and Cosmetic Act (FFDCA), 21 requirement of a tolerance based upon oligomer content less than 10% below
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molecular weight 500 and less than 25% intact GI tract. Chemicals not absorbed meet the criteria used to identify a low molecular weight 1,000. through the skin or GI tract generally are risk polymer. Uniqema also believes Uniqema believes sufficient incapable of eliciting a toxic response. that based on these polymers, information was submitted in the Therefore, there is no reasonable conformance to the above–mentioned petition to assess the hazards of expectation of increased risk due to criteria, no mammalian toxicity is modified acrylic polymers. No cumulative exposure. Based on these anticipated from dietary, inhalation or toxicology data were presented in the polymers conforming to the definition dermal exposure to polymers and that petition as the Agency does not of a polymer and meeting the criteria of these polymers will present minimal or generally require that polymers conform a low risk polymer under 40 CFR no risk. to 40 CFR 723.250. Based on these 723.250, Uniqema believes there are no 1. These polymers are not cationic polymers conforming to the definition concerns for risks associated with polymers. of a polymer and meeting the criteria of cumulative effects. 2. They contain as an integral part of a low risk polymer under 40 CFR their composition the atomic elements 723.250, Uniqema believes there are no Uniqema carbon, hydrogen, and oxygen. concerns for risks associated with PP 1E6294 3. They do not contain as an integral toxicity. part of their composition, except as 8. Endocrine disrupter. There is no EPA has received a pesticide petition impurities, any elements other than evidence that modified acrylic polymers (1E6294) from Uniqema, 900 Uniqema those listed in 40 CFR 723.250(d)(2)(ii). are endocrine disrupters. Substances Blvd, New Castle, DE 19720 proposing, 4. These polymer are not designed or with molecular weights greater than 400 pursuant to section 408(d) of the reasonably anticipated to substantially generally are not absorbed through the FFDCA, 21 U.S.C. 346a(d), to amend 40 degrade, decompose, or depolymerize. intact skin, and substances with CFR part 180 to establish an exemption 5. These polymers are not molecular weights greater than 1,000 from the requirement of a tolerance for manufactured or imported from generally are not absorbed through the vinyl acetate polymers when used as an monomers and/or other reactants that GI tract. Chemicals not absorbed inert ingredient in pesticide are not already on the TSCA Chemical through the skin or GI tract generally are formulations applied to growing crops, Substance Inventory or manufactured incapable of eliciting a toxic response. raw agricultural commodities after under an applicable TSCA section 5 The Agency at this time has not harvest, or in pesticide formulations exemption. determined whether or not it will applied to animals. EPA has determined 6. They are not water absorbing require information on the endocrine that the petition contains data or polymers. effects of this substance. Congress has information regarding the elements set 7. The minimum average molecular allowed 3 years after August 3, 1996, for forth in section 408(d)(2) of the FFDCA; weight of the above–mentioned the Agency to implement a screening however, EPA has not fully evaluated polymers are greater than 1,000. program with respect to endocrine the sufficiency of the submitted data at Substances with molecular weights effects. this time or whether the data supports greater than 400 are generally not granting of the petition. Additional data readily absorbed through the intact skin, C. Aggregate Exposure may be needed before EPA rules on the and substances with molecular weights 1. Dietary exposure. Some modified petition. greater than 1,000 are generally not absorbed through the intact GI tract. acrylic polymers may be used in contact A. Residue Chemistry with food as components of containers Chemicals not absorbed through the GI used to manufacture, process, or store Uniqema is petitioning that vinyl tract are generally incapable of eliciting food when regulated for such use under acetate polymers be exempt from the a toxic response. These polymers have the Federal Food, Drug, and Cosmetic requirement of a tolerance based upon an oligomer content less than 10% Act. Modified acrylic polymers with a their compliance with the low risk below molecular weight 500 and less molecular weight greater than 1,000 polymer criteria per 40 CFR 723.250. than 25% molecular weight 1,000. daltons are not readily absorbed through Therefore, an analytical method to Uniqema believes sufficient the intact GI tract and are considered determine residues in raw agricultural information was submitted in the incapable of eliciting a toxic response. commodities has not been proposed. No petition to assess the hazards of vinyl 2. Non–dietary exposure. Typical uses residue chemistry data or environmental acetate polymers. No toxicology data of modified acrylic polymers are in the fate data are presented in the petition as were presented in the petition as the paints & coatings and adhesives the Agency does not generally require Agency does not generally require that industries. In these uses the primary some or all of the listed studies to rule polymers conform to 40 CFR 723.250. exposures are dermal, however; on the exemption from the requirement Based on these polymers conforming to modified acrylic polymers with a of a tolerance for a low risk polymer the definition of a polymer and meeting molecular weight significantly greater inert ingredient. the criteria of a low risk polymer under 40 CFR 723.250, Uniqema believes there than 400 are not readily absorbed B. Toxicological Profile through the intact skin and are are no concerns for risks associated with considered incapable of eliciting a toxic Acute toxicity. The Agency has toxicity. response. established a set of criteria which There is no evidence that vinyl identifies categories of polymers that acetate polymers are endocrine D. Cumulative Effects present low risk. These criteria disrupters. Substances with molecular There are data to support a conclusion (described in 40 CFR 723.250) identify weights greater than 400 generally are of negligible cumulative risk for polymers that are relatively unreactive not absorbed through the intact skin, modified acrylic polymers. Polymers and stable compared to other chemical and substances with molecular weights with molecular weights greater than 400 substances as well as polymers that greater than 1,000 generally are not generally are not absorbed through the typically are not readily absorbed. absorbed through the intact GI tract. intact skin, and substances with Uniqema believes that vinyl acetate Chemicals not absorbed through the molecular weights greater than 1,000 polymers conform to the definition of a skin or GI tract generally are incapable generally are not absorbed through the polymer given in 40 CFR 723.250 and of eliciting a toxic response.
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The Agency at this time has not pesticide applicants. An EUP permits (703) 305–6224; e-mail address: determined whether it will require use of a pesticide for experimental or [email protected]). information on the endocrine effects of research purposes only in accordance 264–EUP–131. Issuance. Aventis this substance. Congress has allowed 3 with the limitations in the permit. CropScience USA LP, 2 T.W. Alexander years after August 3, 1996, for the FOR FURTHER INFORMATION CONTACT: By Drive, Research Triangle Park, NC Agency to implement a screening mail: Registration Division (7505C), 27709. This EUP allows the use of 5.2 program with respect to endocrine Office of Pesticide Programs, pounds of the herbicide foramsulfuron effects. Environmental Protection Agency, 1200 on 136 acres of field corn to evaluate the Pennsylvania Ave., NW., Washington, control of annual and perennial grass C. Aggregate Exposure and broadleaf weeds. The program is DC 20460. 1. Dietary exposure. Some vinyl authorized only in the States of acetate polymers may be used in contact In person or by telephone: Contact the Colorado, Illinois, Indiana, Iowa, with food as components of containers designated person at the following Kansas, Kentucky, Michigan, used to manufacture, process, or store address at the office location, telephone Minnesota, Missouri, Montana, food when regulated for such use under number, or e-mail address cited in each Nebraska, New York, North Carolina, the Federal Food, Drug, and Cosmetic EUP: 1921 Jefferson Davis Hwy., North Dakota, Ohio, Pennsylvania, Act. Vinyl acetate polymers with a Arlington, VA. South Dakota, Tennessee, Texas, and molecular weight greater than 1,000 SUPPLEMENTARY INFORMATION: Wisconsin. The EUP is effective from daltons are not readily absorbed through I. General Information April 16, 2001 to April 17, 2002. This the intact GI tract and are considered permit is issued with the limitation that incapable of eliciting a toxic response. A. Does this Action Apply to Me? all treated crops will be destroyed or 2. Non–dietary exposure. Typical uses This action is directed to the public used for research purposes only. (Joanne of vinyl acetate polymers are in the I. Miller; Rm. 241, Crystal Mall #2; in general. Although this action may be paints & coatings and adhesives telephone number: (703) 305–6224; e- of particular interest to those persons industries. In these uses the primary mail address: [email protected]). who conduct or sponsor research on exposures are dermal, however; vinyl 264–EUP–132. Issuance. Aventis pesticides, the Agency has not acetate polymers with a molecular CropScience USA LP, 2 T.W. Alexander attempted to describe all the specific weight significantly greater than 400 are Drive, Research Triangle Park, NC entities that may be affected by this not readily absorbed through the intact 27709. This EUP allows the use of 0.735 action. If you have any questions skin and are considered incapable of pounds of the herbicides foramsulfuron regarding the information in this action, eliciting a toxic response. and iodosulfuron-methyl-sodium on 22 consult the designated contact person acres of field corn to evaluate the D. Cumulative Effects listed for the individual EUP. control of annual and perennial grass There are data to support a conclusion B. How Can I Get Additional and broadleaf weeds. The program is of negligible cumulative risk for vinyl Information, Including Copies of this authorized only in the States of acetate polymers. Polymers with Document and Other Related Minnesota, Nebraska, South Dakota, molecular weights greater than 400 Documents? Tennessee, and Texas. The EUP is generally are not absorbed through the effective from April 16, 2001 to April intact skin, and substances with You may obtain electronic copies of 17, 2002. This permit is issued with the molecular weights greater than 1,000 this document from the EPA Internet limitation that all treated crops will be generally are not absorbed through the Home Page at http://www.epa.gov/. On destroyed or used for research purposes intact GI tract. Chemicals not absorbed the Home Page select ‘‘Laws and only. (Joanne I. Miller; Rm. 241, Crystal through the skin or GI tract generally are Regulations,’’ ‘‘Regulations and Mall #2; telephone number: (703) 305– incapable of eliciting a toxic response. Proposed Rules,’’ and then look up the 6224; e-mail address: Therefore, there is no reasonable entry for this document under the [email protected]). expectation of increased risk due to ‘‘Federal Register—Environmental 62719–EUP–49. Issuance. Dow cumulative exposure. Based on these Documents.’’ You can also go directly to AgroSciences LLC, 9330 Zionsville polymers conforming to the definition the Federal Register listings at http:// Road, Indianapolis, IN 46268. This EUP of a polymer and meeting the criteria of www.epa.gov/fedrgstr/. allows the use of 3 pounds of the a low risk polymer under 40 CFR II. EUPs herbicide diclosulam on 110 acres of 723.250, Uniqema believes there are no peanuts to evaluate the control of concerns for risks associated with EPA has issued the following EUPs: broadleaf weeds and sedges in preplant cumulative effects. 264–EUP–130. Issuance. Aventis incorporated, preemergence, and post CropScience USA LP, 2 T.W. Alexander pest emergence testing trials. The [FR Doc. 01–15296 Filed 6–19–01; 8:45 am] Drive, Research Triangle Park, NC program is authorized only in the States BILLING CODE 6560–50–S 27709. This EUP allows the use of 0.63 of New Mexico and Texas. The EUP is pounds of the herbicides foramsulfuron effective from May 15, 2001 to March and iodosulfuron-methyl-sodium on 21 ENVIRONMENTAL PROTECTION 31, 2002. A tolerance has been acres of field corn to evaluate the AGENCY established for residues of the active control of annual and perennial grass ingredient in or on peanuts. (Dan [OPP–50888; FRL–6786–3] and broadleaf weeds. The program is Rosenblatt; Rm. 239, Crystal Mall #2; authorized only in the States of telephone number: (703) 305–5697; e- Issuance of Experimental Use Permits Nebraska, Tennessee, and Texas. The mail address: [email protected]). AGENCY: Environmental Protection EUP is effective from April 16, 2001 to Persons wishing to review these EUPs Agency (EPA). April 17, 2002. This permit is issued are referred to the designated contact ACTION: Notice. with the limitation that all treated crops person. Inquiries concerning these will be destroyed or used for research permits should be directed to the SUMMARY: EPA has granted experimental purposes only. (Joanne I. Miller; Rm. persons cited above. It is suggested that use permits (EUPs) to the following 241, Crystal Mall #2; telephone number: interested persons call before visiting
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the EPA office, so that the appropriate FEDERAL ELECTION COMMISSION P&O Nedlloyd B.V., P&O Nedlloyd file may be made available for Limited, Wallenius Wilhelmsen Lines inspection purposes from 8 a.m. to 4 Sunshine Act Meeting AS. p.m., Monday through Friday, excluding Synopsis: The proposed modification AGENCY: Federal Election Commission. legal holidays. extends the current suspension of the DATE & TIME: Tuesday, June 26, 2001 at conference for an additional six months Authority: 7 U.S.C. 136. 10 a.m. from July 31, 2001, through January 31, PLACE: 999 E Street, NW., Washington, 2002. List of Subjects DC. Agreement No.: 011769. Environmental protection, STATUS: This meeting will be closed to Title: Atlantsskip ehf/Samskip hf Experimental use permits. the public. Space Charter Agreement. ITEMS TO BE DISCUSSED: Parties: Atlantsskip ehf, Samskip hf. Dated: May 31, 2001. Compliance matters pursuant to 2 Synopsis: The proposed agreement Peter Caulkins, U.S.C. 437g authorizes Atlantsskip to provide Acting Director, Registration Division, Office Audits conducted pursuant to 2 U.S.C. Samskip with space on its vessels for of Pesticide Programs. 437g, 438(b), and Title 26, U.S.C. sailings between Iceland and certain [FR Doc. 01–15297 Filed 6–19–01; 8:45 am] Matters concerning participation in civil U.S. Atlantic coast ports. Samskip will provide Atlantsskip with certain agency, BILLING CODE 6560–50–S actions or proceedings or arbitration Internal personnel rules and procedures terminal, and distribution services in or matters affecting a particular Norfolk, Virginia. FARM CREDIT ADMINISTRATION employee Agreement No.: 201065–001. Title: New Orleans/New Orleans DATE & TIME: Thursday, June 28, 2001 at Maritime Contractors Terminal Farm Credit Administration Board; 10 a.m. Sunshine Act Meeting Agreement. PLACE: 999 E Street, N.W., Washington, Parties: The Board of Commissioners AGENCY: Farm Credit Administration. DC (Ninth Floor). of the Port of New Orleans New Orleans SUMMARY: Notice is hereby given, STATUS: This meeting will be open to the Maritime Contractors, Inc. d/b/a P&O pursuant to the Government in the public. Ports Louisiana. Sunshine Act (5 U.S.C. 552b(e)(3)), of ITEMS TO BE DISCUSSED: Synopsis: The proposed amendment the forthcoming special meeting of the Correction and Approval of Minutes amends the term of the lease and Farm Credit Administration Board Release for Public Comment of Voting updates the name of one of the parties. (Board). Systems Standards Materials The basic term of the agreement will be DATE AND TIME: The special meeting of Administrative Matters extended through November 30, 2001. the Board will be held at the offices of PERSON TO CONTACT FOR INFORMATION: Dated: June 15, 2001. the Farm Credit Administration in Mr. Ron Harris, Press Officer, By Order of the Federal Maritime McLean, Virginia, on June 21, 2001, Telephone: (202) 694–1220. Commission. from 9 a.m. until such time as the Board Theodore A. Zook, concludes its business. Mary W. Dove, Assistant Secretary. FOR FURTHER INFORMATION CONTACT: Secretary of the Commission. [FR Doc. 01–15538 Filed 6–19–01; 8:45 am] Kelly Mikel Williams, Secretary to the [FR Doc. 01–15661 Filed 6–18–01; 2:45 pm] BILLING CODE 6730–01–P Farm Credit Administration Board, BILLING CODE 6715–01–M (703) 883–4025, TDD (703) 883–4444. ADDRESSES: Farm Credit FEDERAL MARITIME COMMISSION Administration, 1501 Farm Credit Drive, FEDERAL MARITIME COMMISSION McLean, Virginia 22102–5090. Ocean Transportation Intermediary Notice of Agreement(s) Filed SUPPLEMENTARY INFORMATION: This License Applicants meeting of the Board will be open to the The Commission hereby gives notice Notice is hereby given that the public (limited space available). In order of the filing of the following following applicants have filed with the to increase the accessibility to Board agreement(s) under the Shipping Act of Federal Maritime Commission an meetings, persons requiring assistance 1984. Interested parties can review or application for licenses as Non-Vessel should make arrangements in advance. obtain copies of agreements at the Operating Common Carrier and Ocean The matters to be considered at the Washington, DC offices of the Freight Forwarder—Ocean meeting are: Commission, 800 North Capitol Street, Transportation Intermediary pursuant to Open Session NW., Room 940. Interested parties may section 19 of the Shipping Act of 1984 submit comments on an agreement to as amended (46 U.S.C. app. 1718 and 46 A. Approval of Minutes the Secretary, Federal Maritime —May 10, 2001 (Open and Closed) CFR 515). Commission, Washington, DC 20573, Persons knowing of any reason why B. Reports within 10 days of the date this notice —FCS Building Association’s the following applicants should not appears in the Federal Register. Quarterly Report receive a license are requested to —Report on Corporate Approvals Agreement No.: 011528–019. contact the Office of Transportation C. New Business—Other Title: Japan-United States Eastbound Intermediaries, Federal Maritime —FY 2001 Budget Reprogramming Freight Conference. Commission, Washington, DC 20573. Parties: American President Lines, Dated: June 18, 2001. Ltd., Hapag-Lloyd Container Line Non-Vessel-Operating Common Carrier Kelly Mikel Williams, GmbH, Kawasaki Kisen Kaisha, Ltd., Ocean Transportation Intermediary Secretary, Farm Credit Administration Board. Mitsui O.S.K. Lines, Ltd., A.P. Moller- Applicant [FR Doc. 01–15605 Filed 6–18–01; 2:20 pm] Maersk Sealand, Nippon Yusen Kaisha, CTX Express, Inc., 6122 Orangethorpe BILLING CODE 6705–01–P Orient Overseas Container Line Limited, Avenue, Suite 105, Buena Park, CA
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90620. Officers: Nancy Y. Shen, Ocean Freight Forwarder—Ocean Hart-Scott-Rodino Antitrust Secretary (Qualifying Individual), Su- Transportation Intermediary Applicant Improvements Act of 1976, requires Chung Kuo, President Compass Shipping Inc., 325 Empire persons contemplating certain mergers or acquisitions to give the Federal Trade Non-Vessel Operating Common Carrier Blvd., Brooklyn, NY 11225. Officers: Hiladrius Borroughs, President Commission and the Assistant Attorney and Ocean Freight Forwarder General advance notice and to wait Transportation Intermediary (Qualifying Individual), Theresa Burroughs, Owner designated periods before Applicants consummation of such plans. Section Dated: June 15, 2001. 7A(b)(2) of the Act permits the agencies, Central Global Express Inc., 12225 Theodore A. Zook, in individual cases, to terminate this Stephens Road, Warren, MI 48089. Asst. Secretary. waiting period prior to its expiration Officers: Sam W. Frank, President [FR Doc. 01–15478 Filed 6–19–01; 8:45 am] and requires that notice of this action be (Qualifying Individual), Hal Briand, BILLING CODE 6730–01–P published in the Federal Register. Vice President The following transactions were Starwood, Inc., 1352 N.W., 78th granted early termination of the waiting Avenue, Miami, FL 33126. Officers: period provided by law and the FEDERAL TRADE COMMISSION Gregory R. Antoni, CEO (Qualifying premerger notification rules. The grants Individual), Paul Peake, President Granting of Request for Early were made by the Federal Trade Baska Logistics & Trading, Inc., 150 SE Termination of the Waiting Period Commission and the Assistant Attorney General for the Antitrust Division of the 2nd Avenue, Suite 1008, Miami, FL Under the Premerger Notification Department of Justice. Neither agency 33131. Officers: Jose M. Rivas, Officer Rules intends to take any action with respect (Qualifying Individual), Luiz Antonio Section 7A of the Clayton Act, 15 to these proposed acquisitions during Silva Ramos, President U.S.C. 18a, as added by Title II of the the applicable waiting period.
Trans # Acquiring Acquired Entities
Transactions Granted Early Termination—5/14/2001
20011659 ...... SPX Corporation ...... United Dominion Industries Limited .. United Dominion Industries Limited. 20011775 ...... SONICblue Inc...... ReplayTV, Inc...... ReplayTV, Inc. 20011778 ...... Eastman Kodak Company ...... Ofoto, Inc...... Ofoto, Inc. 20011782 ...... Genzyme Corporation ...... Wyntek Diagnostics, Inc ...... Wyntek Diagnostics, Inc. 20011783 ...... Alta Communications VI, L.P ...... Diveo Broadband Networks, Inc ...... Diveo Broadband Networks, Inc. 20011800 ...... Pitney Bowes Inc...... Danka Business Systems, plc ...... Danka Services International.
Transactions Granted Early Termination—5/15/2001
20011794 ...... GTCR Fund VII, L.P...... Robert F. Driver Co., Inc...... Robert F. Driver Co., Inc 20011796 ...... Bernard Arnault ...... Donna Karan International Inc ...... Donna Karan International Inc. 20011798 ...... International Business Machines Mainspring, Inc...... Mainspring, Inc. Corporation.
Transactions Granted Early Termination—5/18/2001
20011769 ...... Superior Energy Services, Inc ...... LAG IT 88 Trust ...... Power Offshore Service, L.L.C., Power Well Service No. 10, L.L.C., Power Well Service No. 11, L.L.C., Power Well Service No. 2, L.L.C., Power Well Service No. 4, L.L.C., Power Well Service No. 7, L.L.C., Power Well Service No. 8, L.L.C., Power Well Service No. 9, L.L.C., Power Well Service, L.L.C., Reeled Tubing, L.L.C., RTI/POS Service, L.L.C. 20011816 ...... Tyco International Ltd...... FLAG Telecom Holdings Limited ...... FLAG Telecom Holdings Limited
Transactions Granted Early Termination—5/21/2001
20011770 ...... Smithfield Foods, Inc...... Moyer Packing Company ...... Moyer Packing Company. 20011788 ...... Odyssey Investment Partners Fund, Federal-Mogul Corporation ...... Federal-Mogul Ignition Company. LP. 20011792 ...... Sydsvenska Kemi AB ...... Perstorp AB (a Swedish company) ... Perstorp AB (a Swedish company) 20011795 ...... Code, Hennessy & Simmons III, L.P The United Company ...... The Roof Center, Inc., West End Lumber Company, Inc. 20011806 ...... Motorola, Inc...... Blue Wave Systems, Inc ...... Blue Wave Systems, Inc. 20011808 ...... Arch Capital Group, Ltd...... The Trident Partnership, L.P ...... Altus Holdings, Ltd. 20011812 ...... Forstmann Little & Co., Equity Part- XO Communications, Inc ...... XO Communications, Inc. nership—VI, L.P.. 20011814 ...... Vereniging AEGON ...... J.C. Penney Company, Inc ...... J.C. Penney Direct Marketing Serv- ices, Inc. 20011818 ...... Compaq Computer Corporation ...... Proxicom, Inc...... Proxicom, Inc. 20011819 ...... Kana Communications, Inc ...... Broadbase Software, Inc ...... Broadbase Software, Inc.
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Trans # Acquiring Acquired Entities
20011820 ...... Alec E. Gores ...... Micron Technology, Inc...... Micron Technology, Inc. 20011825 ...... Wells Fargo & Company ...... H.D. Vest, Inc...... H.D. Vest, Inc. 20011826 ...... Mr. Alec E. Gores ...... Hewlett-Packard Company ...... VeriFone, Inc. 20011827 ...... Arthur J. Gallagher & Co ...... The Galtney Group, Inc...... The Galtney Group, Inc. 20011830 ...... Siemens AG ...... Catamaran Communications, Inc ...... Catamaran Communications, Inc. 20011835 ...... Swiss Reinsurance Company ...... Southwestern Life Holdings, Inc ...... Southwestern Life Holdings, Inc. 20011843 ...... Old Mutual plc ...... The St. Paul Companies, Inc ...... Fidelity and Guaranty Life Insurance Company. 20011844 ...... Lincolnshire Equity Fund II, L.P ...... Robert Nederlander ...... All American Sports Corp., Equilink Licensing Corp., MacMark Corp., McGregor Corp., Proacq Corp., RHC Licensing Corporation, Riddell Sports Inc., Riddell, Inc., Ridmark Corp.
Transactions Granted Early Termination—5/22/2001
20011767 ...... Carla S.A.S...... Akzo Nobel N.V...... Advanced Business Laboratories, Inc., Akzo Nobel N.V. 20011787 ...... Akzo Nobel NV ...... Covance Inc...... Covance Biotechnology Services, Inc.
Transactions Granted Early Termination—5/24/2001
20011803 ...... Micrel, Incorporated ...... Kendin Communications, Inc...... Kendin Communications, Inc
Transactions Granted Early Termination—5/25/2001
20011815 ...... Glencore Holding AG ...... Alcan, Inc...... Alcan, Inc. 20011823 ...... SunGard Data Systems, Inc ...... Neil S. Hirsch ...... Loanet Holdings, Inc.
FOR FURTHER INFORMATION CONTACT: DATES: Comments must be received on Public comment is invited. Comments Sandra M. Peay or Parcellena P. or before July 16, 2001. should be directed to: FTC/Office of the Fielding, Contact Representatives, ADDRESSES: Comments should be Secretary, Room 159,600 Pennsylvania. Federal Trade Commission, Premerger directed to: FTC/Office of the Secretary, Ave., NW., Washington, DC 20580. Two Notification Office, Bureau of Room 159, 600 Pennsylvania Ave., NW., paper copies of each comment should Competition, Room 303, Washington, Washington, DC 20580. be filed, and should be accompanied, if DC 20580, (202) 326–3100. FOR FURTHER INFORMATION CONTACT: possible, by a 31⁄2 inch diskette By Direction of the Commission. James Rohrer, Federal Trade containing an electronic copy of the Donald S. Clark, Commission, Southeast Region, Midrise comment. Such comments or views will be considered by the Commission and Secretary. Bldg., Suite 5M35, 60 Forsyth St., S.W., Atlanta, GA 30303. will be available for inspection and [FR Doc. 01–15551 Filed 6–19–01; 8:45 am] SUPPLEMENTARY INFORMATION: Pursuant copying at its principal office in BILLING CODE 6750–01–M to section 6(f) of the Federal Trade accordance with section 4.9(b)(6)(ii) of Commission Act, 38 Stat. 721, 15 U.S.C. the Commission’s Rules of Practice (16 CFR 4.9(b)(6)(ii)). FEDERAL TRADE COMMISSION 46 and section 2.34 of the Commission’s Rules of Practice (16 CFR 2.34), notice Analysis of Proposed Consent Order To is hereby given that the above-captioned [File No. 002 3312] Aid Public Comment consent agreement containing a consent Robert C. Spencer & Lisa M. Spencer, order to cease and desist, having been The Federal Trade Commission has d/b/a Aaron Company; Analysis To Aid filed with and accepted by the accepted an agreement, subject to final Public Comment Commission, has been placed on the approval, to a proposed consent order public record for a period of thirty (30) from Robert M. Spencer and Lisa AGENCY: Federal Trade Commission. days. The following Analysis to Aid Spencer, d/b/a/ Aaron Company ACTION: Proposed consent agreement. Public Comment describes the terms of (‘‘proposed respondents’’). Proposed the consent agreement, and the respondents marketed ‘‘Colloidal SUMMARY: The consent agreement in this allegations in the complaint. An Silver,’’ a dietary supplement allegedly matter settles alleged violations of electronic copy of the full text of the containing submicroscopic particles of federal law prohibiting unfair or consent agreement package can be silver that was intended to be taken deceptive acts or practices or unfair obtained from the FTC Home Page (for orally for the cure and treatment of more methods of competition. The attached June 14, 2001), on the World Wide Web, than 650 diseases. In addition, proposed Analysis to Aid Public Comment at ‘‘http://www.ftc.gov/os/2001/06/ respondents marketed other dietary describes both the allegations in the index.htm.’’ A paper copy can be supplements, including Chitosan with complaint that accompanies the consent obtained from the FTC Public Reference vitamin C for substantial weight loss agreement and the terms of the consent Room, Room H–130, 600 Pennsylvania without a restricted calorie diet, and order—embodied in the consent Avenue, NW., Washington, DC 20580, Ultimate Energizer as a stimulant and agreement—that would settle these either in person or by calling (202) 326– energizer claiming it was safe with no allegations. 3627. side effects.
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The proposed consent order has been order requires that for any future FEDERAL TRADE COMMISSION placed on the public record for thirty advertisement of products containing [File No. 002 3226] (30) days for reception of comments by ephedra or ephedrine, proposed interested persons. Comments received respondents must include affirmative ForMor, Inc., et al.; Analysis To Aid during this period will become part of warnings concerning safety issues. This Public Comment the public record. After thirty (30) days, warning was developed after the Commission will again review the discussions with the Food and Drug AGENCY: Federal Trade Commission. agreement and the comments received Administration. FDA has announced ACTION: Proposed consent agreement. and will decide whether it should that it intends to initiate a rulemaking withdraw from the agreement and take SUMMARY: The consent agreement in this for dietary supplements for women who other appropriate action or make final matter settles alleged violations of are or who may become pregnant. In the the agreement’s proposed order. federal law prohibiting unfair or The Commission’s complaint charges event that FDA issues a final rule deceptive acts or practices or unfair that proposed respondents made false requiring a warning for pregnant women methods of competition. The attached claims that their Colloidal Silver on dietary supplements, respondents Analysis to Aid Public Comment product had been (1) medically proven may substitute that warning for the describes both the allegations in the to kill over 650 disease-causing disclosure on that topic required under complaint that accompanies the consent organisms in the body; and (2) the proposed order. Part IV of the agreement and the terms of the consent successfully used to treat all known proposed order permits proposed order—embodied in the consent infections. The Commission’s complaint respondents to make certain claims for agreement—that would settle these also charges that proposed respondents drugs or dietary supplements, allegations. failed to have a reasonable basis for respectively, that are permitted in DATES: Comments must be received on claims they made about the Colloidal labeling under laws and/or regulations or before July 16, 2001. Silver product’s (1) efficacy in treating administered by the U.S. Food and Drug ADDRESSES: Comments should be and curing cancer, multiple sclerosis, Administration. directed to: FTC/Office of the Secretary, HIV/AIDS, and other specific illnesses; The remainder of the proposed order Room 159, 600 Pennsylvania Ave., NW., (2) superiority to antibiotics in healing Washington, DC 20580. and curing infections; (3) safety for contains standard requirements that FOR FURTHER INFORMATION CONTACT: human consumption without side proposed respondents maintain Michael Bloom or Donald D’Amato, effects; and (4) superiority in treating advertising and any materials relied Federal Trade Commission, Northeast various medical and health problems in upon as substantiation for any Region, One Bowling Green, Suite 318, animals. Proposed respondents have representation covered by substantiation New York, NY 10004. (212) 607–2801 or also been charged with failing to have requirements under the order; distribute a reasonable basis for claims they made copies of the order to certain company 607–2802. about the efficacy of their Chitosan with officials and employees; notify the SUPPLEMENTARY INFORMATION: Pursuant vitamin C product, the safety claims for Commission of any change in the to section 6(f) of the Federal Trade their Ultimate Energizer product business entity that may affect Commission Act, 38 Stat. 721, 15 U.S.C. containing Mahuang, and other compliance obligations under the order; 46 and section 2.34 of the Commission’s substances. Such claims, promoting and file one or more reports detailing Rules of Practice (16 CFR 2.34), notice is hereby given that the above-captioned dietary supplements, appeared on the their compliance with the order. Part XII consent agreement containing a consent website that proposed respondents of the proposed order is a provision produced or caused to be produced. order to cease and desist, having been whereby the order, absent certain filed with and accepted by the Part I of the consent order prohibits circumstances, terminates twenty years proposed respondents from Commission, has been placed on the from the date of issuance. misrepresenting, including by means of public record for a period of thirty (30) metatags, any claims that Colloidal This proposed order, if issued in final days. The following Analysis to Aid Silver or any service, program, dietary form, will resolve the claims alleged in Public Comment describes the terms of supplement, food, drug, or device, has the complaint against the named the consent agreement, and the been medically proven to kill disease- respondents. It is not the Commission’s allegations in the complaint. An causing organisms or any number of intent that acceptance of this consent electronic copy of the full text of the infections in the body. Part II of the agreement and issuance of a final consent agreement package can be order requires competent and reliable decision and order will release any obtained from the FTC Home Page (for scientific evidence to substantiate claims against any unnamed persons or June 14, 2001), on the World Wide Web, representations that Colloidal Silver or entities associated with the conduct at ‘‘http://www.ftc.gov/os/2001/06/ any covered product (1) treats and cures described in the complaint. index.htm.’’ A paper copy can be cancer, multiple sclerosis, HIV/AIDS, obtained from the FTC Public Reference and other specific illnesses; (2) is The purpose of this analysis is to Room, Room H–130, 600 Pennsylvania superior to antibiotics in healing and facilitate public comment on the Avenue, NW., Washington, DC 20580, curing infections; (3) is safe for human proposed order, and is not intended to either in person or by calling (202) 326– consumption and has no side effects; (4) constitute an official interpretation of 3627. treats various medical and health the agreement and proposed order or to Public comment is invited. Comments problems in animals; and (5) enables modify in any way their terms. should be directed to: FTC/Office of the consumers to lose substantial weight By direction of the Commission. Secretary, Room 159, 600 Pennsylvania without the need for a restricted diet. Ave., NW., Washington, DC 20580. Two Donald S. Clark, Part III of the order prohibits proposed paper copies of each comment should respondents from misrepresenting, Secretary. be filed, and should be accompanied, if including by means of metatags, the [FR Doc. 01–15550 Filed 6–19–01; 8:45 am] possible, by a 31⁄2 inch diskette existence, contents or interpretation of BILLING CODE 6750–01–M containing an electronic copy of the any test, study, or research. Part V of the comment. Such comments or views will
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be considered by the Commission and and has no adverse side effects. In of the proposed consent order prohibits will be available for inspection and addition, the proposed complaint proposed respondents from representing copying at its principal office in alleges that proposed respondents made that ingestion of a St. John’s Wort accordance with section 4.9(b)(6)(ii) of the unsubstantiated claims that product has no serious drug the Commission’s Rules of Practice (16 ingestion of colloidal silver is effective interactions. CFR 4.9(b)(6)(ii)). in the treatment of arthritis, blood Part III provides that in any poisoning, cancer, cholera, diphtheria, advertisement, promotional material, or Analysis of Proposed Consent Order To diabetes, dysentery, gonorrheal herpes, product label for any St. John’s Wort Aid Public Comment influenza, leprosy, lupus, malaria, product, that contains any The Federal Trade Commission has meningitis, rheumatism, shingles, staph representation about the efficacy, accepted, subject to final approval, an infections, strep infections, syphilis, performance, or safety of such product, agreement to a proposed consent order tuberculosis, whooping cough, and and in any discussion, communicated from ForMor, Inc. (‘‘ForMor’’), a yeast infections, and that a testimonial via electronic mail or any telephone corporation, and Stan Goss, individually from a consumer appearing in the line, that contains any representation and as an officer of the corporation advertisement for proposed about the efficacy, performance, or (‘‘proposed respondents’’). respondents’ colloidal silver reflects the safety of any St. John’s Wort product, The proposed consent order has been typical or ordinary experiences of proposed respondents shall make, placed on the public record for thirty persons with cancer who use the clearly and prominently, the following (30) days for the receipt of comments by product. disclosure: interested persons. Comments received Further, the proposed complaint during this period will become part of alleges that proposed respondents made Warning: St. John’s Wort can have the public record. After thirty (30) days, the following unsubstantiated claims potentially dangerous interactions with some the Commission will again review the prescription drugs. Consult your physician regarding their shark cartilage products: before taking St. John’s Wort if you are agreement and comments received and Ingestion of shark cartilage is effective currently taking anticoagulants, oral will decide whether it should withdraw in the treatment of arthritis and other contraceptives, anti-depressants, anti-seizure from the agreement and take appropriate degenerative and inflammatory medications, drugs to treat HIV or prevent action or make final the agreement’s conditions; ingestion of shark cartilage transplant rejection, or any other prescription proposed order. is effective in the treatment of brain drug. This product is not recommended for This matter involves proposed cancer; and a testimonial from a use if you are or could be pregnant unless a respondents’ making of health-related consumer appearing in the qualified health care provider tells you to use advertising claims on the Internet and it. The product may not be safe for your advertisement for proposed developing baby. elsewhere for their St. John’s Kava Kava respondents’ Ultimate II Shark Cartilage (a dietary supplement that contains St. Concentrate reflects the typical or unless respondents possess competent John’s Wort), colloidal silver, and shark ordinary experience of persons with and reliable scientific evidence that cartilage products. The proposed brain cancer who use the product. such product produces no adverse drug complaint alleges that proposed Finally, the proposed complaint alleges interactions or side effects. This respondents violated sections 5 and 12 that proposed respondents falsely disclosure was developed after of the Federal Trade Commission Act by represented that scientific research discussions with the Food and Drug making deceptive claims for these establishes that ingestion of shark Administration. FDA has announced products. cartilage is effective in the treatment of that it intends to initiate a rulemaking The proposed complaint alleges that arthritis and other degenerative and for dietary supplements for women who proposed respondents made the inflammatory conditions. are or who may become pregnant. In the unsubstantiated claim that ingestion of For purposes of the proposed order a event that FDA issues a final rule St. John’s Kava Kava is effective in the ‘‘covered product or service’’ means any requiring a warning for pregnant women treatment of HIV/AIDS, colds, syphilis, service, program, dietary supplement, on dietary supplements, respondents tuberculosis, dysentery, whooping food, drug, or device. may substitute that warning for the cough, mania, hypochondria, fatigue, The proposed order defines ‘‘St. disclosure on that topic required under and hysteria. Further, the proposed John’s Wort products’’ as ForMor’s St. the proposed order. Part III specifies complaint alleges that proposed John’s Kava Kava or any covered that the product label requirements of respondents represented that ingestion product or service for which the term this Part shall not apply to products that of St. John’s Kava Kava is effective in ‘‘Hypericum Perforatum’’ or ‘‘St. John’s are shipped to consumers or purchasers the treatment of HIV/AIDS, but Wort’’ appears on the covered product for resale less than thirty (30) days after deceptively failed to disclose the or service label or in any advertising or the date of service of this order, and that material fact that ingestion of St. John’s promotion, and any covered product or with regard to products shipped after Wort is not compatible with use of service containing ‘‘Hypericum thirty (30) days of the date of service of protease inhibitors and other drugs used Perforatum’’ or ‘‘St. John’s Wort.’’ this order, respondents may affix the in the treatment of HIV/AIDS. The Part I of the proposed consent order disclosure clearly and prominently by proposed complaint also alleges that prohibits proposed respondents from sticker or other device on the labels of proposed respondents falsely representing that ingestion of a St. products manufactured prior to thirty represented that ingestion of St. John’s John’s Wort product or any covered (30) days after the service of this order. Kava Kava has no serious drug product or service is effective in the The proposed order defines ‘‘colloidal interactions. treatment of HIV/AIDS, colds, syphilis, silver product’’ as ForMor’s colloidal The proposed complaint further tuberculosis, dysentery, whooping silver or any covered product or service alleges that proposed respondents cough, mania, hypochondria, fatigue, or for which the term ‘‘colloidal silver’’ or falsely claimed that ingestion of hysteria unless, at the time the ‘‘silver salts’’ appears on the covered colloidal silver is proven effective in the representation is made, respondents product or service label or in any treatment of over 650 infectious possess and rely upon competent and advertising or promotion, and any diseases, and that medical tests prove reliable scientific evidence that covered product or service containing that ingestion of colloidal silver is safe substantiates the representation. Part II ‘‘colloidal silver’’ or ‘‘silver salts.’’ In
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connection with the advertising or sale prominently, and in close proximity to that contains any prohibited of a colloidal silver product, Part IV the endorsement or testimonial, either representation or that does not contain prohibits proposed respondents from what the generally expected results the disclosure required pursuant to Part representing that ingestion of colloidal would be for users of the covered III, proposed respondents are required silver is proven effective in the product or service, or the limited to investigate such information and treatment of disease or any number of applicability of the endorser’s upon verification terminate, and not diseases, or representing that medical experience to what consumers may resume, sales or shipments to such studies demonstrate that ingestion of generally expect to achieve, that is, that purchaser for resale. Part XV would colloidal silver is safe or has no adverse consumers should not expect to allow proposed respondents to make side effects. Part V prohibits proposed experience similar results. any representation that is specifically respondents from representing that Part IX provides that proposed permitted in the labeling for any ingestion of colloidal silver is effective respondents, in connection with the product by regulations promulgated by in the treatment of arthritis, blood advertising or sale of any St. John’s Wort the FDA pursuant to the Nutrition poisoning, cancer, cholera, diptheria, product, colloidal silver product, shark Labeling and Education Act of 1990, diabetes, dysentery, gonorrheal herpes, cartilage product, or any covered and would allow respondents to make influenza, leprosy, lupus, malaria, product or service, shall not make any any representation for any drug that is meningitis, rheumatism, shingles, staph representation that such product or permitted by the FDA in the drug’s infections, strep infections, syphilis, service is effective in the mitigation, labeling. tuberculosis, whooping cough, or yeast treatment, prevention, or cure of any Part XVI of the proposed order infections unless, at the time the disease or illness, or about the health contains record keeping requirements representation is made, proposed benefits, performance, safety, or efficacy for materials that substantiate, qualify, respondents possess and rely upon of any such product or service, unless, or contradict claims covered by the competent and reliable scientific at the time the representation is made, proposed order. Part XVII of the evidence that substantiates the proposed respondents possess and rely proposed order requires distribution of representation. upon competent and reliable scientific a copy of the order to current and future The proposed order defines ‘‘shark evidence that substantiates the officers and agents. Part XVIII provides cartilage product’’ as ForMor’s Ultimate representation. for Commission notification upon a II Shark Cartilage Concentrate or any Part X requires proposed respondents change in the corporate respondent and covered product or service label for to send a notice to all purchasers of St. Part XIX requires Commission which the term ‘‘shark cartilage’’ John’s Kava Kava, colloidal silver, and notification when the proposed appears on the covered product or Ultimate II Shark Cartilage Concentrate individual respondent changes his service label or any advertising or informing them of the Commission’s business or employment. Part XX promotion, and any covered product or complaint allegations and describing the requires the proposed respondents to service containing ‘‘shark cartilage.’’ terms of the settlement. Part XI requires file with the Commission a report proposed respondents to provide Part VI requires proposed respondents, demonstrating compliance with the refunds upon request to purchasers of in connection with the advertising or terms and provisions of the order. Part colloidal silver and Ultimate II Shark sale of any shark cartilage product or XXI provides for the termination of the Cartilage Concentrate, and Part XII any covered product or service, from order after twenty (20) years under requires proposed respondents to representing that ingestion of such certain circumstances. submit a report specifying the steps they product is effective in the treatment of The purpose of this analysis is to have taken to comply with Part X arthritis or other degenerative or facilitate public comment on the (purchaser notice provisions) and Part inflammatory conditions, or is effective proposed order, and it is not intended XI (purchaser refund provisions). in the treatment of brain cancer, unless, to constitute an official interpretation of at the time the representation is made, Part XIII requires proposed the agreement and the proposed order or proposed respondents possess and rely respondents to take reasonable steps to to modify in any way their terms. upon competent and reliable scientific ensure that all employees and agents evidence that substantiates the engaged in sales, order verification, and By direction of the Commission. representation. other customer service functions Donald S. Clark, Part VII prohibits proposed comply with Parts I through IX of the Secretary. respondents, in connection with the proposed order. It further requires [FR Doc. 01–15547 Filed 6–19–01; 8:45 am] advertising or sale of any covered proposed respondents to terminate any BILLING CODE 6750–01–M product or service, from employee who knowingly engages in misrepresenting the existence, contents, conduct that violates these parts of the validity, results, conclusions, or order. Part XIV requires proposed FEDERAL TRADE COMMISSION interpretations of any test, study, or respondents to send each purchaser for research. Part VIII prohibits proposed resale—defined as any purchaser of any [File No. 012 3091] of respondents’ St. John’s Wort, respondents from representing that the Michael Forrest, d/b/a Jaguar colloidal silver, or shark cartilage experience represented by any user Enterprises of Santa Ana; Analysis To products who orders five or more units testimonial or endorsement of a covered Aid Public Comment product or service represents the typical of any such product at any one time or or ordinary experience of members of twenty or more units of any such AGENCY: Federal Trade Commission. the public who use the covered product products in any three-month period— ACTION: Proposed consent agreement. or service, unless: (a) At the time the the purchaser notice provisions required representation is made, proposed by Part X. In the event that proposed SUMMARY: The consent agreement in this respondents possess and rely upon respondents receive any information matter settles alleged violations of competent and reliable scientific that subsequent to receipt of such notice federal law prohibiting unfair or evidence that substantiates the a purchaser is using or disseminating deceptive acts or practices or unfair representation; or (b) proposed any advertisement or promotional methods of competition. The attached respondents disclose, clearly and material or making any oral statement Analysis to Aid Public Comment
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describes both the allegations in the respondent’’). Forrest is an Internet humans with no side effects; and, (2) complaint that accompanies the consent seller of various electronic devices and that use of the Black Box, Magnetic agreement and the terms of the consent herbal remedies purported to cure or Pulser and Magnetic Multi-Pulser is order—embodied in the consent treat a wide variety of illnesses and effective to kill, deactivate or disable agreement—that would settle these conditions. viruses, bacteria, fungi and other allegations. The proposed consent order has been parasites in humans. The Complaint DATES: Comments must be received on placed on the public record for thirty alleges that these claims of scientific or before July 16, 2001. (30) days for reception of comments by proof are false. interested persons. Comments received ADDRESSES: Comments should be Part I of the consent order requires during this period will become part of directed to: FTC/Office of the Secretary, that Forrest not misrepresent that the the public record. After thirty (30) days, Room 159, 600 Pennsylvania Ave., NW., two claims listed above are scientifically the Commission will again review the Washington, DC 20580. proven. agreement and the comments received Part II requires that Forrest must FOR FURTHER INFORMATION CONTACT: and will decide whether it should Michael Milgrom, Federal Trade possess competent and reliable withdraw from the agreement and take scientific evidence to substantiate any Commission, East Central Region, Eaton other appropriate action or make final Center, Suite 200, 1111 Superior Ave., representation that: the agreement’s proposed order. (a) Any electronic therapy device or Cleveland, OH 44114–2507. (216) 263– This matter concerns advertising and 3419. any other product or service is effective promotional practices related to the sale in (1) treating or curing cancer, AIDS, SUPPLEMENTARY INFORMATION: Pursuant of various products known as Black hepatitis, Gulf War Syndrome, Chronic to section 6(f) of the Federal Trade Box, Magnetic Pulser, Magnetic Multi- Commission Act, 38 Stat. 721, 15 U.S.C. Fatigue Syndrome, rheumatoid arthritis Pulser, Beck-Rife unit, Portable Rife or Herpes; (2) treating or preventing 46 and section 2.34 of the Commission’s Frequency Generator, PC-Rife#1, PC- Rules of Practice (16 CFR 2.34), notice bacterial infections; or (3) treating or Rife#2, PC-Rife#3, and Miracle Herbs. preventing viral infections; is hereby given that the above-captioned Miracle Herbs is a combination of herbal consent agreement containing a consent (b) That any such product or service ingredients purported to cure cancer is effective in the mitigation, treatment, order to cease and desist, having been and other serious diseases. The other filed with and accepted by the prevention, or cure of any disease or products are devices that purport to illness; or Commission, has been placed on the cure cancer, AIDS, arthritis and other public record for a period of thirty (30) (c) About the health benefits, serious diseases by means of passing performance, safety, or efficacy of any days. The following Analysis to Aid either an electric current or a magnetic Public Comment describes the terms of such product or service. pulse through the body. The Part III prohibits false claims about the consent agreement, and the Commission’s complaint charges that allegations in the complaint. An scientific support for any electronic Forrest failed to have a reasonable basis therapy device or any service, program, electronic copy of the full text of the for the following claims, which were consent agreement package can be dietary supplement, food, drug, or made on two Internet websites: device. Part IV permits Forrest to make obtained from the FTC Home Page (for (1) The Black Box is effective in certain claims for devices, drugs or June 14, 2001), on the World Wide Web, treating cancer, AIDS, hepatitis, Gulf dietary supplements that are permitted at ‘‘http://www.ftc.gov/os/2001/06/ War Syndrome, Chronic Fatigue in labeling under laws and/or index.htm.’’ A paper copy can be Syndrome and rheumatoid arthritis; obtained from the FTC Public Reference (2) The Magnetic Pulser, together with regulations administered by the U.S. Room, Room H–130, 600 Pennsylvania the Black Box, is effective in treating Food and Drug Administration. Parts V Avenue, NW., Washington, DC 20580, cancer, AIDS, hepatitis, Gulf War and VI require Forrest to offer and make either in person or by calling (202) 326– Syndrome, Chronic Fatigue Syndrome a refund to all purchasers of the listed 3627. and rheumatoid arthritis; products from Jaguar since April 1, Public comment is invited. Comments (3) The Magnetic Multi-Pulser is 1999, using the forms and procedures should be directed to: FTC/Office of the effective in treating cancer, localized specified. Part VII requires Forrest to file Secretary, Room 159, 600 Pennsylvania infections and diseases caused by the a report with the Commission detailing Ave., NW., Washington, DC 20580. Two herpes virus; how he has complied with Parts V and paper copies of each comment should (4) The Beck-Rife unit, Portable Rife VI. be filed, and should be accompanied, if Frequency Generator, PC-Rife #1, PC- The remainder of the proposed order possible, by a 31⁄2 inch diskette Rife #2, and PC-Rife #3 are effective in contains standard requirements that containing an electronic copy of the treating cancer and other serious proposed respondent maintain comment. Such comments or views will diseases; advertising and any materials relied be considered by the Commission and (5) The Black Box, Magnetic Pulser upon as substantiation for any will be available for inspection and and Magnetic Multi-Pulser, used as representation covered by substantiation copying at its principal office in directed, deactivate disease-causing requirements under the order; distribute accordance with section 4.9(b)(6)(ii) of viruses, bacteria (including drug- copies of the order to certain company the Commission’s Rules of Practice (16 resistant bacteria), fungi and other officials and employees; distribute CFR 4.9(b)(6)(ii)). parasites in humans; and copies of the order to any distributors (6) The Miracle herbs product is that it might set up; notify the Analysis of Proposed Consent Order To effective in treating cancers of all types, Commission of any change in his status Aid Public Comment AIDS, bacterial infections and viral that may affect compliance obligations The Federal Trade Commission has infections. under the order; and file one or more accepted an agreement, subject to final The Complaint also alleges that reports detailing his compliance with approval, to a proposed consent order Forrest claimed that scientific proof the order. Part XIV of the proposed from Michael Forrest, individually and demonstrated the truth of two claims: order is a provision whereby the order, d/b/a Jaguar Enterprises of Santa Ana (1) That Miracle Herbs is safe and absent certain circumstances, terminates (‘‘Forrest’’ or the ‘‘proposed effective in treating various cancers in twenty years from the date of issuance.
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This proposed order, if issued in final the consent agreement, and the and to prove the effectiveness of LSF for form, will resolve the claims alleged in allegations in the complaint. An reversing aging. the complaint against the named electronic copy of the full text of the According to the FTC complaint, respondent. it is not the Commission’s consent agreement package can be MaxCell falsely claimed that the ACI intent that acceptance of this consent obtained from the FTC Home Page (for test provides a clinical gauge of an agreement and issuance of a final June 14, 2001), on the World Wide Web, individual’s overall healthiness or decision and order will release any at ‘‘http://www.ftc.gov/os/2001/06/ youthfulness and demonstrates that LSF claims against any unnamed persons or index.htm.’’ A paper copy can be prevents or reverses aging. In fact, the entities associated with the conduct obtained from the FTC Public Reference complaint alleges that the ACI test only described in the complaint. The purpose Room, Room H–130, 600 Pennsylvania measures inactive androgen breakdown of this analysis is to facilitate public Avenue, NW., Washington, DC 20580, products in the urine, which products, comment on the proposed order, and is either in person or by calling (202) 326– in most instances, are not a significant not intended to constitute an official 3627. or reliable measure of overall interpretation of the agreement and Public comment is invited. Comments healthiness or youthfulness. The proposed to order or to modify in any should be directed to: FTC/Office of the complaint further alleges that MaxCell way their terms. Secretary, Room 159, 600 Pennsylvania falsely claimed that scientific testing Ave., NW., Washington, DC 20580. Two demonstrates the ability of LSF to: By direction of the Commission. paper copies of each comments should Donald S. Clark, Significantly reduce the risk of be filed, and should be accompanied, if atherosclerosis; increase bone density, Secretary. 1 possible, by a 3 ⁄2 inch diskette improve glucose tolerance, reduce body [FR Doc. 01–15549 Filed 6–19–01; 8:45 am] containing an electronic copy of the fat, increase muscle mass, and increase BILLING CODE 6750–01–M comment. Such comments or views will growth hormone levels in post- be considered by the Commission and menopausal women; improve liver will be available for inspection and FEDERAL TRADE COMMISSION function; and significantly increase life copying at its principal office in expectancy. [File No. 002 3098] accordance with section 4.9(b)(6)(ii) of In addition, the complaint challenges the Commission’s Rules of Practice (16 claims that LSF: Significantly reduces MaxCell BioScience, Inc., et al.; CFR 4.9(b)(6)(ii)). the risk of atherosclerosis; cures Analysis To Aid Public Comment Analysis of Proposed Consent Order to arthritis; lowers blood pressure; AGENCY: Federal Trade Commission. Aid Public Comment significantly lowers cholesterol levels in the bloodstream; strengthens bones; ACTION: Proposed consent agreement. The Federal Trade Commission has accepted, subject to final approval, an reduces or eliminates the need for SUMMARY: The consent agreement in this agreement containing a consent order corrective eyewear; promotes significant matter settles alleged violations of from MaxCell BioScience, Inc. and weight loss and muscle gain without federal law prohibiting unfair or Stephen Cherniske, president of the dieting or exercise; increases glucose deceptive acts or practices or unfair corporation (collectively, ‘‘MaxCell’’). tolerance; increases Growth Hormone methods of competition. The attached The proposed consent order has been levels in the body, thereby causing Analysis to Aid Public Comment placed on the public record for thirty positive clinical effects on health; describes both the allegations in the (30) days for receipt of comments by improves liver function; prevents or complaint that accompanies the consent interested persons. Comments received reverses aging; and significantly agreement and terms of the consent during this period will become part of increases life expectancy. The order—embodied in the consent the public record. After thirty (30) days, complaint alleges that these claims are agreement—that would settle these the Commission will again review the unsubstantiated. allegations. agreement and the comments received, Finally, the complaint charges that MaxCell, by providing advertisements DATES: Comments must be received on and will decide whether it should and promotional materials to or before July 16, 2001. withdraw from the agreement or make final the agreement’s proposed order. distributors for use in their marketing ADDRESSES: Comments should be This matter involves alleged and sale of LSF and the ACI test, have directed to: FTC/Office of the Secretary, misleading representations about provided means and instrumentalities to Room 159, 600 Pennsylvania Ave., NW., Longevity Signal Formula (‘‘LSF’’), a distributors of MaxCell’s products in Washington, DC 20580. dietary supplement containing, among furtherance of the deceptive and FOR FURTHER INFORMATION CONTACT: other ingredients, arginine, DHEA, and misleading acts or practices alleged in Matthew Daynard, FTC/S–4002, 600 7-Keto DHEA, and an Anabolic/ the complaint. Pennsylvania Ave., NW., Washington, Catabolic IndexTM (‘‘ACI’’) test, an at- The proposed consent order contains DC 20580. (202) 326–3291. home (with laboratory analysis) urine provisions designed to prevent MaxCell SUPPLEMENTARY INFORMATION: Pursuant test that measures the ratio of 17- and its distributors from engaging in to section 6(f) of the Federal Trade ketosteroids to creatinine in one urine similar acts and practices in the future Commission Act, 38 Stat. 721, 15 U.S.C. sample. This matter concerns allegedly and to redress consumer injury by 46 and section 2.34 of the Commission’s false and unsubstantiated advertising requiring MaxCell to make a monetary Rules of Practice (16 FR 2.34), notice is claims made in cassette tapes and web payment to the Commission. hereby given that the above-captioned sites distributed directly to consumers Part I of the order bans claims that the consent agreement containing a consent and through distributors regarding the ACI Test or any other substantially order to cease and desist, having been ability of LSF to reverse the aging similar device provides a clinical gauge filed with an accepted by the process and, consequently, to prevent, of an individual’s overall healthiness or Commission, has been placed on the treat, or cure numerous age-related youthfulness. ‘‘Substantially similar public record for a period of thirty (30) diseases and conditions, and the ability device’’ is defined as any product that days. The following Analysis to Aid of the ACI test to measure a person’s measures the ratio of 17-ketosteroids to Public Comment describes the terms of overall healthiness and youthfulness creatinine in one urine sample.
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Part II of the order requires that future Part IX of the order requires that SUPPLEMENTARY INFORMATION: Pursuant claims that any test or device provides MaxCell make a payment of $150,000 to to section 6(f) of the Federal Trade a clinical gauge of an individual’s the Commission, which funds the FTC Commission Act, 38 Stat. 721, 15 U.S.C. overall healthiness or youthfulness be can forward to the U.S. Treasury as 46 and section 2.34 of the Commission’s true and substantiated by competent disgorgement or use for purposes of Rules of Practice (16 CFR 2.34), notice and reliable scientific evidence. consumer redress. is hereby given that the above-captioned Part III of the order requires Parts X, XI, XII, and XIV of the order consent agreement containing a consent competent and reliable scientific require MaxCell to keep copies of order to cease and desist, having been evidence as substantiation for future relevant advertisements and materials filed with and accepted by the claims that LSF or any other food, drug, substantiating claims made in the Commission, has been placed on the device, service, or dietary supplement advertisements, to provide copies of the public record for a period of thirty (30) provides any of the specific health order to certain of its personnel, to days. The following Analysis to Aid benefits challenged above as notify the Commission of changes in Public Comment describes the terms of unsubstantiated. In addition, Part III. L corporate structure, and to file the consent agreement, and the requires scientific substantiation for any compliance reports with the allegations in the complaint. An future claim about the effect of covered Commission. Part XIII requires Stephen electronic copy of the full text of the products or services on any disease, on Cherniske to notify the Commission of consent agreement package can be the structure or function of the human his employment status, and Part XV obtained from the FTC Home Page (for body, or about any other health benefit, provides that the order will terminate June 14, 2001), on the World Wide Web, or the safety, of any covered product or after twenty (20) years under certain at ‘‘http://www.ftc.gov/os/2001/06/ service. circumstances. index.htm.’’ A paper copy can be Part IV of the order prohibits MaxCell The purpose of this analysis is to obtained from the FTC Public Reference from providing to any person or entity facilitate public comment on the Room, Room H–130, 600 Pennsylvania ‘‘means and instrumentalities’’ that proposed order, and it is not intended Avenue, NW., Washington, DC 20580, contain any claim about the effect of any to constitute an official interpretation of either in person or by calling (202) 326– product or service on any disease, or the agreement and proposed order or to 3627. about the effect of any product or modify in any way their terms. Public comment is invited. Comments should be directed to: FTC/Office of the service on the structure or function of By direction of the Commission. the human body, or about any other Secretary, Room 159, 600 Pennsylvania Donald S. Clark, Ave., NW., Washington, DC 20580. Two health benefit, or the safety, of any Secretary. product or service, unless such claim is paper copies of each comment should [FR Doc. 01–15548 Filed 6–19–01; 8:45 am] be filed, and should be accompanied, if true and substantiated by competent BILLING CODE 6750–01–M possible, by a 31⁄2 inch diskette and reliable scientific evidence. ‘‘Means containing an electronic copy of the and instrumentalities’’ is defined as any comment. Such comments or views will information, including but not FEDERAL TRADE COMMISSION be considered by the Commission and necessarily limited to any advertising, will be available for inspection and labeling, or promotional materials, for [File No. 002 3229] copying at its principal office in use by distributors in their marketing or accordance with section 4.9(b)(6)(ii) of sale of the ACI test or LSF or any other Panda Herbal International, Inc., et al.; the Commission’s Rules of Practice (16 product or service covered under the Analysis to Aid Public Comment CFR 4.9(b)(6)(ii)). order. AGENCY: Federal Trade Commission. Part V of the order prohibits MaxCell Analysis of Proposed Consent Order To ACTION: from misrepresenting the existence, Proposed Consent Agreement. Aid Public Comment contents, validity, results, conclusions, SUMMARY: The consent agreement in this The Federal Trade Commission has or interpretations of any test, study, or matter settles alleged violations of accepted, subject to final approval, an research. federal law prohibiting unfair or agreement to a proposed consent order Part VI of the order requires deceptive acts or practices or unfair from Panda Herbal International, Inc. dissemination of a notice (‘‘Attachment methods of competition. The attached (‘‘Panda’’), a corporation, and Everett L. A’’) about the order to MaxCell’s Analysis to Aid Public Comment Farr III, individually and as an officer of distributors who have purchased the describes both the allegations in the the corporation (‘‘proposed ACI Test or LSF since January 1, 2000. complaint that accompanies the consent respondents’’). This notice indicates that MaxCell has agreement and the terms of the consent The proposed consent order has been agreed to cease making challenged order—embodied in the consent placed on the public record for thirty representations, and warns distributors agreement—that would settle these (30) days for the receipt of comments by that they may be terminated if they do allegations. interested persons. Comments received not conform their representations to the during this period will become part of DATES: Comments must be received on requirements placed on MaxCell. the public record. After thirty (30) days, or before July 16, 2001. Part VII of the order requires the Commission will again review the dissemination of Attachment A to future ADDRESSES: Comments should be agreement and comments received and distributors, and that MaxCell monitor directed to: FTC/Office of the Secretary, will decide whether it should withdraw their distributors, and terminate sales to Room 159, 600 Pennsylvania Ave., NW., from the agreement and take appropriate distributors who make representations Washington, DC 20580. action or make final the agreement’s prohibited by the order. FOR FURTHER INFORMATION CONTACT: proposed order. Part VIII of the order permits FDA- Michael Bloom or Donald D’Amato, This matter involves proposed approved drug claims and claims for Federal Trade Commission, Northeast respondents’ making of health-related food or dietary supplements authorized Region, One Bowling Green, Suite 318, advertising claims on the Internet and under the Nutrition Labeling and New York, NY 10004. (212) 607–2801 or elsewhere for their Herbal Outlook (a Education Act of 1990. 607–2802. dietary supplement that contains St.
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John’s Wort) and HerbVeil 8 (a topical promoted for the topical treatment of sticker or other device on the labels of ointment) products. The proposed any cancer. Part II of the proposed products manufactured prior to thirty compliant alleges that proposed consent order prohibits proposed (30) days after the service of this order. respondents violated Sections 5 and 12 respondents from representing that Part V provides that proposed of the Federal Trade Commission Act by application of any HerbVeil 8 product, respondents, in connection with the making deceptive claims for these or any covered product or service, is advertising or sale of any Herbal products. effective in the treatment of any cancer Outlook product, HerbVeil 8 product, or The proposed complaint alleges that unless, at the time the representation is any covered product or service, shall respondents’ claims that ingestion of made, respondents possess and rely not make any representation that such Herbal Outlook is effective in the upon competent and reliable scientific product or service is effective in the treatment of HIV/AIDS, herpes simplex, evidence that substantiates the mitigation, treatment, prevention, or tuberculosis, influenza, and hepatitis B representation. Part III of the proposed cure of any disease or illness, or about infections are unsubstantiated. Further, consent order prohibits proposed the health benefits, performance, safety, the proposed complaint alleges that respondents from representing that or efficacy of any such product or responents deceptively fail to disclose ingestion of any Herbal Outlook product service, unless, at the time the significant adverse drug interactions in has no known contraindications or drug representation is made, proposed light of respondents’ implied drug interactions. respondents possess and rely upon compatibility claim (‘‘ingestion of St. Part IV provides that in any competent and reliable scientific John’s Wort, an ingredient in Herbal advertisement, promotional material, or evidence that substantiates the Outlook, is effective in the treatment of product label for any Herbal Outlook representation. HIV/AIDS’’). The proposed complaint product, that contains any The proposed order defines also alleges that respondents’ claim that representation about the efficacy, ‘‘purchaser for resale’’ as any purchaser ingestion of St. John’s Wort, an performance, or safety of such product, of any proposed respondents’ Herbal ingredient in Herbal Outlook, has no and in any discussion, communicated Outlook product or HerbVeil 8 product, known contraindications or drug via electronic mail or any telephone who: (a) Is a distributor of, or operates interactions is false because there is line, that contains any representation a wholesale or retail business that sells, substantial information available about the efficacy, performance, or any such product(s); or (b) orders documenting significant adverse drug safety of any Herbal Outlook product, twenty (20) or more units of any such interactions. In addition, the proposed proposed respondents shall make products(s) in any three (3) month complaint alleges that respondents’ clearly and prominently, the following period. Parts VI A and VI B of the HerbVeil 8 claims that topical disclosure: proposed consent order require application of HerbVeil 8 is effective in proposed respondents to deliver to the the treatment of carcinomas, Warning: St. John’s Wort can have Commission lists containing potentially dangerous interactions with some information regarding purchasers for adenocarcinomas, and melanomas are prescription drugs. Consult your physician unsubstantiated. before taking St. John’s Wort if you are resale and consumers of Herbal Outlook, For purposes of the proposed order, a currently taking anticoagulants, oral respectively. Parts VI C and VI D require ‘‘covered product or service’’ means any contraceptives, anti-depressants, anti-seizure proposed respondents to deliver to the service, program, dietary supplement, medications, drugs to treat HIV or prevent Commission lists containing food, drug, or device. transplant rejection, or any other prescription information regarding purchasers for The proposed order defines ‘‘Herbal drug. This product is not recommended for resale and consumers of HerbVeil 8, Outlook product’’ as respondents’ use if you are or could be pregnant unless a respectively. Parts VI E and VI F require Herbal Outlook or any other covered qualified health care provider tells you to use proposed respondents to send a notice product or service for which the term it. The product may not be safe for your to all purchasers of Herbal Outlook and developing baby. ‘‘Hypericum Perforatum’’ or ‘‘St. John’s HerbVeil 8 informing them of the Wort’’ appears on the covered product unless respondents possess competent Commission’s complaint allegations and or service label or in any advertising or and reliable scientific evidence that the terms of the settlement. Part VII of promotion, and any covered product or such product produces no adverse drug the proposed order requires proposed service containing ‘‘Hypericum interactions or side effects. This respondents to provide refunds upon Perforatum’’ or ‘‘St. John’s Wort.’’ disclosure was developed after request to consumer purchasers of Part I of the proposed consent order discussions with the Food and Drug HerbVeil 8. Part VIII requires proposed prohibits proposed respondents from Administration. FDA has announced respondents to submit a report representing that ingestion of any that it intends to initiate a rulemaking specifying the steps it has taken to Herbal Outlook product or any covered for dietary supplements for women who comply with Part VI (notice provisions) product or service is effective in the are or who may become pregnant. In the and Part VII (refund provision). treatment of HIV/AIDS, herpes simplex, event that FDA issues a final rule Part IX requires proposed respondents tuberculosis, influenza, or hepatitis B requiring a warning for pregnant women to take reasonable steps to monitor and infections, unless, at the time the on dietary supplements, respondents ensure that all employees and agents representation is made, respondents may substitute that warning for the engaged in sales, order verification, and possess and rely upon competent and disclosure on that topic required under other customer service functions reliable scientific evidence that the proposed order. Part IV specifies comply with Parts I through V of the substantiates the representation. that the product label requirements of order and requires proposed The proposed order defines ‘‘HerbVeil this Part shall not apply to products that respondents to terminate any employee 8 product’’ as respondents’ HerbVeil 8 are shipped to consumers or purchasers who knowingly engages in conduct that or any covered product or service for for resale less than thirty (30) days after violates these parts of the order. Part X which the term ‘‘HerbVeil 8’’ appears on the date of service of this order, and that A requires proposed respondents to the product label or in any advertising with regard to products shipped after send each purchaser for resale for a or promotion, any covered product or thirty (30) days of the date of service of period of five years following entry of service containing ‘‘HerbVeil 8,’’ and this order, respondents may affix the the order, the notice provisions required any covered product or service disclosure clearly and prominently by by Part VI E (to the extent such
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purchasers for resale have not already DEPARTMENT OF HEALTH AND Note: Title 2 of the United States Code, received such notice pursuant to Part VI HUMAN SERVICES Chapter 26, Section 1611 states that an E). Part X B requires proposed organization described in section 501(c)(4) of the Internal Revenue Code of 1986 that respondents to institute a purchaser for Centers for Disease Control and Prevention engages in lobbying activities is not eligible resale order compliance surveillance to receive Federal funds constituting an program and Part X C states that [Program Announcement 01106] award, grant, cooperative agreement, proposed respondents must terminate contract, loan, or any other form. sales to those purchasers for resale they Addressing Asthma From a Public know or should know are violating Parts Health Perspective; Notice of C. Availability of Funds I through V of the proposed order. Part Availability of Funds Approximately $3,600,000 is available XI would allow proposed respondents A. Purpose in FY 2001 to fund awards under this to make any representation for any drug announcement. Funding estimates may The Centers for Disease Control and that is permitted by the FDA in the change. Prevention (CDC) announces the Part A: Developing State Capacity to drug’s labeling, and would allow availability of fiscal year (FY) 2001 proposed respondents to make any Address Asthma. Approximately funds for a cooperative agreement $2,000,000 is available to fund representation that is specifically program for ‘‘Addressing Asthma from a permitted in the labeling for any approximately 7–12 awards. It is Public Health Perspective.’’ This expected that the average award will be product by regulations promulgated by program addresses the ‘‘Healthy People $200,000. Additionally, $100,000 is the FDA pursuant to the Nutrition 2010’’ focus areas Environmental available to increase Part A awards up Labeling and Education Act of 1990. Health, Respiratory Diseases and to $10,000 each, if an occupational Part XII of the proposed order Occupational Safety and Health. component is included in the contains record keeping requirements The purpose of the program is: Part A: application and is favorably reviewed. for materials that substantiate, qualify or Developing State Capacity to Address Part B: Implementation of State contradict claims covered by the Asthma and Part B: Implementation of Asthma Plans. Approximately proposed order. Part XIII of the State Asthma Plans. $1,500,000 is available to fund This funding is not to be used for any approximately 2–4 awards. It is proposed order requires distribution of type of research. a copy of the order to current and future expected that the average award will be officers, employees, and agents. Part B. Eligible Applicants $700,000. XIV provides for Commission Assistance will be provided only to It is expected that the awards will notification upon a change in the health departments of States or their begin on or about September 30, 2001 proposed corporate respondent and Part bona fide agents, including the District and will be made for a 12-month budget XV requires Commission notification of Columbia, the Commonwealth of period within a project period of up to when the proposed individual Puerto Rico, the Virgin Islands, the 3 years for Part A and 5 years for Part B. respondent changes his business or Commonwealth of the Northern Mariana Continuation awards within the employment. Part XVI requires the Islands, American Samoa, Guam, the Federated States of Micronesia, the approved project periods will be made proposed respondents to file with the on the basis of satisfactory progress as Commission a report demonstrating Republic of the Marshall Islands, the Republic of Palau, and federally evidenced by required reports and the compliance with the terms and availability of funds. provisions of the order. Part XVII recognized Indian tribal governments. In consultation with States, and with Applicant should document provides for the termination of the order assurance of ability of project staff to after twenty (20) years under certain the written concurrence of the State, assistance may be provided to political travel to Atlanta to participate in the circumstances. subdivisions of States. CDC National Asthma Conference and/ The purpose of this analysis is to Part A: Eligible applicants are those or grantee meetings and willingness to facilitate the public comment on the entities listed above that do not have a share innovations, information, data and proposed order, and it is not intended finalized comprehensive asthma plan or materials. to constitute an official interpretation of a well developed asthma surveillance D. Program Requirements the agreement and the proposed order or system. Grantees currently funded by In conducting activities to achieve the to modify in any way their terms. CDC Announcement #99109 (Attachment 1) are not eligible to apply. purpose of this program, the recipient By direction of the Commission. Part B: Eligible applicants are those will be responsible for the activities Donald S. Clark, entities listed above that have a under 1. (Recipient Activities), and CDC Secretary. completed comprehensive asthma plan will be responsible for the activities [FR Doc. 01–15546 Filed 6–19–01; 8:45am] and have an operational surveillance listed under 2. (CDC Activities). BILLING CODE 6750–01–M system for asthma. Grantees currently Part A. Developing State Capacity to funded by CDC Announcement #99109 Address Asthma are eligible to apply. However, if awarded funds under Part B of this 1. Recipient Activities: announcement, applicant will lose a. Develop or finalize a funds under Announcement #99109. comprehensive State asthma plan. An eligible applicant may apply for b. Develop and organize collaborative both Part A and Part B; however, only linkages with appropriate agencies and one award per applicant will be made. organizations. To apply for both parts of this c. Implement a new (or enhance an announcement, applicants must submit existing) asthma surveillance system. separate applications for Part A and Part d. Begin the statewide intervention B. program upon completion of the plan.
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e. Evaluate all activities ongoing and efforts, to date, to begin to Provide specific objectives for the document lessons learned at the end of systematically address the problem. proposed activities that are realistic, the project. Describe the barriers that need to be time-phased, and measurable and reflect addressed in the development of a the three-year period of this Part B. Implementation of State Asthma comprehensive asthma program in the announcement. Describe how progress Plans State. Describe how the agency as a made toward meeting objectives will be a. Maintain existing statewide whole will focus its efforts on asthma. evaluated and documented. coalition and partnership activities to If the applicant seeks funds for the 4. Surveillance System oversee implementation and evaluation occupational asthma component, of the plan. Expand partnership describe the plan and justify its need. The applicant should include a activities as appropriate. surveillance system plan containing: (a) 2. Collaborative Relationships b. Maintain existing asthma-related A description of data currently available activities currently underway in the Describe experiences with to the program; (b) the data the agency health agency and expand as collaborative relationships around will obtain; (c) plans for identifying at- appropriate. asthma or with other chronic or risk populations (e.g., ethnic groups, c. Implement defined aspects of the environmentally related or work-related socio-economic groups, and/or completed State/territorial/tribal asthma disease problems requiring extensive geographic areas); (d) how the agency plan. Assure institutionalization of collaborative relationships both within will use this data to develop ongoing intervention activities. and outside the agency. surveillance; and (e) how the d. Expand and continue existing Specifically define the approach to be surveillance data will be used to surveillance efforts related to asthma used to establish or further develop support policy development, program occurrence, severity, management and these relationships. Documentation of planning and evaluation activities. other indicators in order to monitor the partnerships with the clinical Participants funded under this effectiveness of the intervention community is essential, including the announcement will be expected to use activities. applicant’s plan for working with local the Behavioral Risk Factor Surveillance e. Evaluate each intervention activity health agencies, physician organizations System (BRFSS) supplemental asthma and the program as a whole; document and community health centers. In module at the first available lessons learned. addition, applicants should document opportunity, preferably within the first 2. CDC Activities for Parts A and B their plan to work with their State year of the project. chapter of the American Lung a. Collaborate with the recipient in all 5. Management and Staffing Plan stages of the project and coordinate joint Association, local education authorities, Describe the qualifications and roles activities among all grantees. and groups or organizations that serve b. Provide programmatic technical minority or other populations of the trained public health assistance, as requested. experiencing a disproportionate burden professionals to serve as: an asthma c . Convene meetings for grantees to of asthma. If one or more of these coordinator for the agency’s program share experiences, data, and materials. partners will not be included, the and to manage the planning process and applicant should explain why. conduct other programmatic activities; E. Content Letters of commitment from specific an epidemiologist, at least 0.5 FTE, to Letter of Intent (LOI) organizations, including a statement of develop and implement surveillance their intention to collaborate, will activities for the asthma project; and a A one-page, non-binding LOI is considerably strengthen the application. supervisor who will assure support for requested, and it should include: Note that grant funds should be used to the project staff. Other support positions 1. Name and address of organization leverage asthma program development may also be proposed. 2. Contact person in the State/territory/tribe along with Include a plan to expedite filling of 3. Which part of the announcement, resources from other collaborative the staff position(s) and assure that they Part A, Part B or both, applied for. have been or will be approved by the The LOI will be used to ascertain the agencies and organizations. applicant’s personnel system. Where level of interest in this announcement 3. Planning and Evaluating Processes current staff already fill these roles and and to assist in determining the size and federal resources are not to be used for composition of the independent review For those States/territories/tribes their support, information on the panel. without an existing asthma plan, describe the process by which the plan position and qualification of the person Applications will be developed. Include information filling the position should be provided. Your application will be evaluated on about the agencies and organizations Describe the organizational location of the criteria listed, so it is important to that will be included in the planning the proposed staff, their relation to the follow them in laying out your program process. Include a description about State’s ‘‘asthma contact’’ (the position in plan. The narrative should be no more how the collaborative relationship will the agency currently responsible for than 30 pages for Part A, or 40 pages for be used when the agency has a plan in contact with CDC on asthma issues), Part B, double-spaced, printed on one place and is ready to implement and the support within the side, with one inch margins, and interventions. The plan must address all organizational structure for the activities unreduced font. The application must persons with asthma in the State defined for the project staff. Include an be submitted unstapled and unbound. regardless of age, race/ethnicity or organizational chart for the unit in Part A: Developing State Capacity to gender. Include a discussion of the which the activity will be located and, Address Asthma. Include each of the place of occupational and work-related at a minimum, the next two levels above following sections: asthma in the plan if funds are it. requested for that component. For each position describe the 1. Description of Problem If a State asthma plan already exists, primary roles and responsibilities for Describe what is known of the asthma describe the portion of the plan to be the project staff over the three-year grant problem in the State or jurisdiction and implemented with these grant funds. period. Also, include the specific staff
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activities that will contribute to meeting description of how the plan’s management or education are preferred. each objective. implementation would reach all persons Provide specific realistic, measurable, with asthma in the State regardless of and time-phased process objectives for 6. Budget age, race/ethnicity, or gender, (d) each of the strategies and interventions This section must include a detailed proposed strategies to meet the plan’s to be implemented that reflect the five first-year budget and narrative objectives, including, but not limited to, year period of this announcement. justification and future annual efforts to (d.1) expand surveillance for Describe how both process and outcome projections. The applicant should asthma, (d.2) improve provider objectives for all activities will be describe the program purpose for each compliance with the National Asthma evaluated and documented. budget item. For contracts contained Education and Prevention Program’s b. Demonstrate the scientific basis for within the application budget, ‘‘Guidelines on the Diagnosis and proposed interventions. If proposed applicants should name the contractor, Management of Asthma,’’ (Guidelines interventions include case management if known; describe the services to be for the Diagnosis and Management of programs, assure that patients enrolled performed; justify the use of a third Asthma. National Institutes of Health, are those with moderate to severe party; and provide a breakdown or a National Heart, Lung, and Blood persistent asthma and are receiving care justification for the estimated costs of Institute. NIH Publication No. 97–4051, consistent with the National Asthma the contracts, the kinds of organizations April 1997), (d.3) improve the skills of Education and Prevention Program or parties to be selected, the period of patients and families affected by asthma (NAEPP) Clinical Practice Guidelines performance, and the method of to manage the disease, and (d.4) (Guidelines for the Diagnosis and selection. The budget should include evaluate the program’s implementation Management of Asthma. National travel for project staff to meet once per and measure progress toward objectives; Institutes of Health, National Heart, year with CDC and other grantees. Any and (e) an assessment of existing and Lung, and Blood Institute. NIH requested funds for an occupational needed resources to implement these Publication No. 97–4051, April 1997). component must be presented strategies. Explain how it was decided by members separately, with the same level of detail, of the statewide partnership group that 3. Partnership Oversight immediately following the main budget these particular objectives and strategies narrative justification. Describe how the partners who will be addressed. developed the asthma plan will c. Describe what objectives and Part B: Implementation of State Asthma continue to implement and monitor the strategies from the plan are currently Plans intervention activity and modify the being addressed utilizing other Include each of the following plan over time. resources. sections: d. Demonstrate that the plan 4. Surveillance and Evaluation addresses asthma in persons of all ages, 1. Description of Problem Describe the surveillance system race/ethnic groups, and gender and Describe what is known of the asthma currently in place within the health includes key environments in which problem in the State or jurisdiction. agency and its ability to support the persons with asthma spend significant Include a description of populations at evaluation of intervention activities and time (e.g., home, school, workplace). increased risk of poorly controlled a continued planning process. All Include a discussion on the place of asthma within the jurisdiction (e.g., asthma indicators assessed over time occupational asthma in the plan. ethnic groups, socio-economic groups, should be noted (including, but not e. Explain how the resources from this geographic areas). Attach published limited to, prevalence, mortality, solicitation will be utilized to leverage surveillance reports that describe hospitalization, emergency care and additional resources for implementation asthma within the jurisdiction including measures of disease management of other components of the plan. a report on asthma in the Medicaid status), and a copy of all asthma Explain how interventions will be population. surveillance reports, brochures, or institutionalized and sustained without publications should be provided. If 2. Asthma Plan these funds. available, analyses of Medicaid data on Provide the existing asthma plan as an persons with asthma should be 6. Management and Staffing for attachment. Describe how the asthma provided. Ability to provide Intervention Activities plan and the plan’s implementation measurement of progress in meeting all a. Describe existing asthma program strategy were developed, including a list plan objectives should be addressed. staff within the health department and of the partners participating in the Intentions to use BRFSS asthma their management structure, the current process (if not part of the published module(s) and the frequency of use function of the asthma staff, and their plan) and support for the final plan as should be included; also, plans for role in this project plan. If plan demonstrated by a letter from the further development of the asthma implementation will be coordinated Agency’s Health or Medical Director surveillance activity should be from an office other than within the and from key partners (e.g., the Director presented in detail. Surveillance of health department, describe that office of the State/territorial American Lung occupational asthma is encouraged and and its staff, the oversight of that office Association and key professional must be discussed. and its staff, and the ties of that office societies). Attach a copy of the final to the health agency. Provide an plan. The final plan (or attachments to 5. Implementation of the Asthma Plan organizational chart for the health that plan) must include: (a) an a. Identify the specific objectives of agency that identifies the unit(s) in and assessment of the asthma burden in the the asthma plan that are to be focused out of the health agency that will State/tribe/territory using population- upon and the specific intervention participate in the proposed activities. based data; (b) measurable objectives strategies from the plan to be b. Describe asthma surveillance staff that address people with asthma across implemented that will use the resources and their role within the project the State/territory/tribe and include provided through this announcement. activities. Describe all staff who will be people with asthma of all ages, race/ Interventions that change systems and responsible for oversight of program ethnic groups, and gender; (c) a individuals to provide improved disease evaluation.
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c. If intervention activities will be 1. Received on or before the deadline has identified adequate qualifications of implemented through contracts, define date; or and level of commitment for the the process by which these contracts 2. Sent on or before the deadline date proposed staff; and the level of will be awarded and monitored. and received in time for submission to organizational support available to the d. Describe staff available or to be the independent review group. project staff. hired for those aspects of the plan to be (Applicants must request a legibly dated 6. Budget (not scored) implemented with these resources. For U.S. Postal Service postmark or obtain each position, describe the primary a legibly dated receipt from a The extent to which the budget is roles and responsibilities over the five- commercial carrier or U.S. Postal reasonable, adequately justified and year grant period. Service. Private metered postmarks shall consistent with the intended use of the e. Include the specific staff activities not be acceptable as proof of timely cooperative agreement funds. that will contribute to meeting each mailing.) Part B: Implementation of State Asthma objective that is to be addressed. Discuss Late: Applications which do not meet Plans the role of the statewide partnership the criteria in 1. or 2. above will be group in oversight of intervention returned to the applicant. 1. Description of the Problem (5 points) activities G. Evaluation Criteria The extent to which the agency’s f. Document assurance of ability of commitment to addressing asthma is key project staff to travel to Atlanta to Each application will be evaluated demonstrated by accomplishments to participate in the CDC National Asthma individually against the following date in understanding the problem. The Conference and/or grantee meetings and criteria by an independent review group extent to which the agency has been willingness to share innovations, appointed by CDC. able to identify populations at increased information, data and materials. Part A: Developing State Capacity to risk and effectively disseminate and use that information in the planning 7. Budget Address Asthma process. This section must include a detailed 1. Description of the problem (10 points) 2. Asthma Plan (20 points) first-year budget and narrative The extent to which the agency’s justification and future annual commitment to addressing asthma is The extent to which a wide variety of projections. The applicant should demonstrated by accomplishments to appropriate partners were engaged to describe the program purpose for each date in understanding the problem. develop the plan; the commitment by budget item. For contracts contained the Agency to the implementation of within the application budget, 2. Collaborative Relationships (20 this plan as demonstrated by the applicants should name the contractor, points) inclusion of a letter of support from the if known; describe the services to be The demonstration and description of Secretary of Health or the Agency’s performed; justify the use of a third prior successful collaborations to Medical Director; the extent to which party; and provide a breakdown or a address asthma or other chronic or the intervention plan is supported in the justification for the estimated costs of environmentally related or community by the inclusion of letters of the contracts, the kinds of organizations occupationally-related problems. The support from key members of the or parties to be selected, the period of appropriateness of organizations and community; the extent to which the performance, and the method of agencies identified. The level of asthma plan is comprehensive and selection. The budget should include commitment of key organizations as includes the items listed in the travel for key project staff to meet once demonstrated by the content of the application section for this per year with CDC and other grantees. letters of commitment. announcement. This section should also include a 3. Planning and Evaluating Processes 3. Partnership Oversight (10 points) listing of other funds, outside the (35 points) cooperative agreement, that will be used The extent to which appropriate to support this intervention. For those applicants without an partners will be a part of the existing asthma plan, the implementation and oversight of the F. Submission and Deadline appropriateness of the planning and implementation. implementation process proposed. The Letter of Intent (LOI) 4. Surveillance and Evaluation (20 extent to which objectives are consistent points) On or before July 19, 2001, submit the with the stated purpose of the LOI to the Grants Management announcement are measurable, time- The current state of the surveillance Specialist identified in the ‘‘Where to phased and the ability of the applicant system; the quality of surveillance Obtain Additional Information’’ section to meet the objectives according to the reports provided; the ability to provide of this announcement. specified time table. The adequacy of measurement of progress in meeting all Submit the original and two copies of the applicant’s plan to monitor progress plan objectives; the plan for appropriate PHS 5161–1 (OMB Number 0920–0428). toward meeting the stated objectives. continued development of the asthma Forms are available in the application surveillance activity. The ability to kit at the following Internet address: 4. Surveillance System Plan (15 points) support evaluation of implementation www.cdc.gov/od/pgo/forminfo.htm. The extent to which the description of activities. On or before August 17, 2001, submit the surveillance system includes all 5. Implementation of the Asthma Plan the application to the Grants elements outlined in the application (30 points) Management Specialist identified in the content section and the quality and ‘‘Where to Obtain Additional extent of submitted surveillance reports. Clear link between the plan and the Information’’ section of this proposed implementation; the announcement. 5. Management and Staffing Plan (20 appropriateness and scientific support Deadline: Applications shall be points) for the proposed implementation; the considered as meeting the deadline if The extent to which the role of involvement of statewide partners in they are either: proposed staff is defined and the agency development of the proposed
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implementation and its monitoring over J. Where to Obtain Additional information to the Office of Information time; the use of these resources to Information and Regulatory Affairs, OMB, New leverage additional resources for plan This and other CDC announcements Executive Office Bldg., 725 17th St. implementation; the plans to can be found on the CDC home page NW., rm. 10235, Washington, DC 20503, institutionalize specific interventions; Internet address http://www.cdc.gov Attn: Wendy Taylor, Desk Officer for specific objectives that are realistic, Click on ‘‘Funding’’ then ‘‘Grants and FDA. measurable and time phased; clear Cooperative Agreements.’’ FOR FURTHER INFORMATION CONTACT: definition of both process and outcome To obtain business management Peggy Schlosburg, Office of Information measures for the evaluation of technical assistance, contact: Sonia Resources Management (HFA–250), implementation activities. Rowell, Grants Management Specialist, Food and Drug Administration, 5600 6. Management and Staffing for Grants Management Branch, Fishers Lane, Rockville, MD 20857, Intervention Activities (15 points) Procurement and Grants Office, Centers 301–827–1223. for Disease Control and Prevention, SUPPLEMENTARY INFORMATION: In The current functioning of asthma 2920 Brandywine Road, Room 3000, staff (program and surveillance) within compliance with 44 U.S.C. 3507, FDA Atlanta, GA 30341–4146, Telephone has submitted the following proposed the health agency; the description of number: (770) 488–2724, Email address: staff to be hired or contracts to be collection of information to OMB for [email protected]. review and clearance. developed; the link of staff to program For program technical assistance, objectives; the continued role of the contact: Leslie P. Boss, Air Pollution Adverse Event Pilot Program for statewide partnership group. Assurance and Respiratory Health Branch, National Medical Devices and Blood Products that key personnel will attend Center for Environmental Health, Under section 519 of the Federal scheduled grantee meetings and CDC- Centers for Disease Control and Food, Drug, and Cosmetic Act (the act) sponsored national asthma conferences, Prevention, Mailstop E–17, 1600 Clifton (21 U.S.C. 360i), FDA is authorized to and that the applicant agrees to share Rd., NE, Atlanta, GA 30333, Telephone require manufacturers to report medical innovations, information, data and number: (404) 498–1002, Email address: device related deaths, serious injuries, materials. [email protected]. and malfunctions and to require user 7. Budget (Not scored) Dated: June 14, 2001. facilities to report device-related deaths directly to FDA and to manufacturers, The extent to which the budget is John L. Williams, and to report serious injuries to the reasonable, adequately justified and Director, Procurement and Grants Office, manufacturer. Section 213 of the FDA consistent with the intended use of the Centers for Disease Control and Prevention Modernization Act of 1997 (FDAMA) cooperative agreement funds. (CDC). [FR Doc. 01–15476 Filed 6–19–01; 8:45 am] amended section 519(b) of the act H. Other Requirements relating to mandatory reporting by user BILLING CODE 4163–18–P facilities of deaths and serious injuries Technical Reporting Requirements and serious illnesses associated with the Provide CDC with original plus two DEPARTMENT OF HEALTH AND use of medical devices. This copies of HUMAN SERVICES amendment required FDA to, by 1. Annual progress reports; regulation, replace universal user- 2. financial status report, no more Food and Drug Administration facility reporting with a system that is than 90 days after the end of the budget limited to a ‘‘ * * * subset of user [Docket No. 01N–0051] period; and facilities that constitutes a 3. final financial and performance Agency Information Collection representative profile of user reports’’ reports, no more than 90 days after the Activities; Submission for OMB for device-related deaths and serious end of the project period. Review; Comment Request; Adverse injuries. This amendment is reflected in Send all reports to the Grants Event Pilot Program for Medical section 519(b)(5)(A) of the act. Management Specialist identified in the Devices and Blood Products FDA is the Federal agency charged ‘‘Where to Obtain Additional with the responsibility for ensuring that Information’’ section of this AGENCY: Food and Drug Administration, marketed medical products are safe and announcement. HHS. effective. To carry out its The following additional ACTION: Notice. responsibilities, the agency needs to be requirements are applicable to this informed whenever an adverse event or program. For a complete description of SUMMARY: The Food and Drug product problem occurs. Only if FDA is each, see Attachment 2 of the Administration (FDA) is announcing provided with such information will it announcement in the application kit. that the proposed collection of be able to evaluate the risk, if any, AR–7 Executive Order 12372 Review information listed below has been associated with the product and take AR–10 Smoke-Free Workplace submitted to the Office of Management whatever action is necessary to reduce Requirements and Budget (OMB) for review and or eliminate the public’s exposure to AR–11 Healthy People 2010 clearance under the Paperwork this risk. Data collected from user AR–12 Lobbying Restrictions Reduction Act of 1995. facilities about problems with medical DATES: Submit written or electronic devices assist FDA to carry out that I. Authority and Catalog of Federal comments on the collection of mission as it pertains to medical Domestic Assistance Number information by July 20, 2001. devices. Prior to implementing the This program is authorized under ADDRESSES: Submit electronic regulation to change from universal sections 301 and 317 of the Public comments on the collection of user-facility reporting to reporting by a Health Service Act, [42 U.S.C. section information via the Internet at http:// subset of user facilities, FDA is planning 241 and 247b], as amended. The Catalog www.accessdata.fda.gov/scripts/oc/ to conduct a pilot program to evaluate of Federal Domestic Assistance number dockets/edockethome.cfm. Submit various aspects of the new program. The is 93.283. written comments on the collection of new user-facility program that will be
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comprised of a subset of user facilities The current FDA universal user-facility information and several questions is called the Medical Product reporting system remains in place related to the use of medical devices. Surveillance Network (MedSuN). The during the piloting of the new program, Participation in this pilot will be 60-day Federal Register notice and will remain until FDA implements voluntary and will initially include 25 announced that two FDA Centers, the the new MedSuN national system by hospitals that will respond to the Center for Devices and Radiological regulation. medical device questions. It is Health (CDRH) and the Center for An electronic format of the medical anticipated that during this pilot the Biologics Evaluation and Research device related sections of the mandatory number of participants will increase to MedWATCH form (form 3500A; OMB (CBER) would be participating in this approximately 250 facilities reporting Control number 0910–0291) will be project. However, CBER will no longer medical device problems. The electronic accessible to the participating medical participate in this project; CDRH will be version will take approximately 45 device user facilities. The facilities minutes, or less, to complete. the sole participant. Data collected from participating in the collection of the pilot will aid FDA in fulfilling its medical device-related adverse events In the Federal Register of February 8, mission to monitor the safety and will use this electronic format in 2001 (66 FR 9580), the agency requested effectiveness of marketed medical reporting to FDA. The electronic format comments on the proposed collection of devices as they are used in clinical will include some additional items that information. No comments were settings and to determine what aspects are not on the 3500A form. These will received. of the pilot program should be be voluntary for participants to FDA estimates the burden of this implemented in the national program. complete, such as hospital profile collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
Annual Frequency Total Annual Re- No. of Respondents perResponse sponses Hoursper Response Total Hours
Medical devices: 83 ...... 15 1,245 .75 934 Total ...... 934 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
The number of respondents for milligrams (mg), were not withdrawn publish a list of all approved drugs. medical devices was determined by the from sale for reasons of safety or FDA publishes this list as part of the average number of respondents given effectiveness. This determination will ‘‘Approved Drug Products With that 25 facilities will be enrolled in the allow FDA to approve abbreviated new Therapeutic Equivalence Evaluations,’’ first year, up to 100 the second year, and drug applications (ANDAs) for generally known as the ‘‘Orange Book.’’ up to 250 the third year. Eighty-three is metformin HCl 625- and 750-mg tablets. Under FDA regulations, drugs are the average of the final complement of FOR FURTHER INFORMATION CONTACT: Paul withdrawn from the list if the agency 250 facilities. The annual frequency of C. Varki, Center for Drug Evaluation and withdraws or suspends approval of the response is based on FDA’s experience Research (HFD–7), Food and Drug drug’s NDA or ANDA for reasons of with its mandatory and voluntary Administration, 5600 Fishers Lane, safety or effectiveness or if FDA reporting systems. Rockville, MD 20855, 301–594–2041. determines that the listed drug was Dated: June 14, 2001. SUPPLEMENTARY INFORMATION: In 1984, withdrawn from sale for reasons of Margaret M. Dotzel, Congress enacted the Drug Price safety or effectiveness (21 CFR 314.162). Regulations also provide that the agency Associate Commissioner for Policy. Competition and Patent Term Restoration Act of 1984 (the 1984 must make a determination as to [FR Doc. 01–15440 Filed 6–19–01; 8:45 am] amendments) (Public Law 98–417), whether a listed drug was withdrawn BILLING CODE 4160–01–S which authorized the approval of from sale for reasons of safety or duplicate versions of drug products effectiveness before an ANDA that refers to that listed drug may be approved DEPARTMENT OF HEALTH AND approved under an ANDA procedure. (§ 314.161(a)(1) (21 CFR 314.161(a)(1))). HUMAN SERVICES ANDA sponsors must, with certain exceptions, show that the drug for FDA may not approve an ANDA that Food and Drug Administration which they are seeking approval does not refer to a listed drug. contains the same active ingredient in Metformin HCl 625- and 750-mg [Docket No. 00P–1496] the same strength and dosage form as tablets are the subject of NDA 20–357. When first approved, the NDA provided Determination That Metformin the ‘‘listed drug,’’ which is a version of for 500- and 850-mg tablets. On July 8, Hydrochloride Tablets, 625 and 750 the drug that was previously approved 1998, Bristol-Myers Squibb Co. Milligrams Were Not Withdrawn From under a new drug application (NDA). submitted a supplemental NDA to Sale for Reasons of Safety or Sponsors of ANDAs do not have to market the 625-, 750-, and 1000-mg Effectiveness repeat the extensive clinical testing otherwise necessary to gain approval of tablets. FDA approved this supplement AGENCY: Food and Drug Administration, an NDA. The only clinical data required on November 5, 1998. On November 11, HHS. in an ANDA are data to show that the 1998, Bristol-Myers Squibb notified ACTION: Notice. drug that is the subject of the ANDA is FDA that it would not market the 750- bioequivalent to the listed drug. mg strength tablet. The 625-mg strength SUMMARY: The Food and Drug The 1984 amendments include what tablet has not been marketed either. Administration (FDA) has determined is now section 505(j)(7) of the Federal On August 31, 2000, Lachman that metformin hydrochloride (HCl) Food, Drug, and Cosmetic Act (21 U.S.C. Consultant Services, Inc., submitted a tablets (Glucophage), 625 and 750 355(j)(7)), which requires FDA to citizen petition (Docket No. 00P–1496/
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CP1) under 21 CFR 10.30 to FDA. The for up-to-date information on this assessment. This reopening of the petition requested that the agency meeting. comment period is in response to a determine whether metformin HCl Agenda: The committee will meet to: request from the National Fisheries tablets, 625- and 750-mg were (1) Discuss responses to the March 6, Institute (NFI) on behalf of the Gulf withdrawn from sale for reasons of 2000, FDA gene therapy letter (http:// Oyster Industry Council, the Pacific safety or effectiveness. www.fda.gov/cber/letters.htm) relating Coast Shellfish Growers Association, FDA has reviewed its records and, to adenovirus vector titer measurements and the Molluscan Shellfish Institute. under § 314.161, has determined that and replication competent adenovirus The agency does not anticipate further Bristol-Myers Squibb’s decision not to levels reporting, and (2) hear updates on extensions of the comment period for market metformin HCl 625- and 750-mg the NIH final action on serious adverse this draft risk assessment. tablets was not due to concerns about reporting. DATES: Submit written comments by safety or effectiveness of the product. Procedure: Interested persons may July 18, 2001. Accordingly, the agency will maintain present data, information, or views, ADDRESSES: Submit written comments metformin HCl 625- and 750-mg tablets orally or in writing, on issues pending to the Dockets Management Branch in the ‘‘Discontinued Drug Product List’’ before the committee. Written (HFA–305), Food and Drug section of the Orange Book. submissions may be made to the contact Administration, 5630 Fishers Lane, rm. The ‘‘Discontinued Drug Product List’’ person by July 6, 2001. Oral 1061, Rockville, MD 20852. Two copies delineates, among other items, drug presentations from the public will be of comments are to be submitted, except products that have been discontinued scheduled between approximately 11 that individuals may submit one copy. from marketing for reasons other than a.m. and 12 noon. Time allotted for each Comments must be identified with the safety or effectiveness. ANDAs that refer presentation may be limited. Those docket number found in brackets in the to metformin HCl 625- and 750-mg desiring to make formal oral heading of this document. Received tablets may be approved by the agency. presentations should notify the contact comments may be reviewed at the Dated: June 12, 2001. person before July 6, 2001, and submit Dockets Management Branch (address a brief statement of the general nature of above) between 9 a.m. and 4 p.m., Margaret M. Dotzel, the evidence or arguments they wish to Monday through Friday. Associate Commissioner for Policy. present, the names and addresses of FOR FURTHER INFORMATION CONTACT: [FR Doc. 01–15442 Filed 6–19–01; 8:45 am] proposed participants, and an Sherri B. Dennis, Risk Assessment BILLING CODE 4160–01–S indication of the approximate time Coordinator, Center for Food Safety and requested to make their presentation. Applied Nutrition (HFS–32), Food and Notice of this meeting is given under Drug Administration, 200 C St., SW., DEPARTMENT OF HEALTH AND the Federal Advisory Committee Act (5 Washington, DC 20204, 202–260–3984, HUMAN SERVICES U.S.C. app. 2). FAX 202–260–9653, e-mail: Food and Drug Administration Dated: June 12, 2001. [email protected]. Linda A. Suydam, SUPPLEMENTARY INFORMATION: In the Biological Response Modifiers Senior Associate Commissioner. Federal Register of January 19, 2001 (66 Advisory Committee; Notice of Meeting [FR Doc. 01–15443 Filed 6–19–01; 8:45 am] FR 5517), FDA announced the availability of a draft risk assessment on AGENCY: BILLING CODE 4160–01–S Food and Drug Administration, the relationship between Vibrio HHS. parahaemolyticus in raw molluscan ACTION: Notice. DEPARTMENT OF HEALTH AND shellfish and human health. Comments HUMAN SERVICES were sought on the technical aspects of This notice announces a forthcoming the draft risk assessment in the meeting of a public advisory committee Food and Drug Administration following areas: (1) The assumptions of the Food and Drug Administration made, (2) the modeling technique, (3) (FDA). The meeting will be open to the [Docket No. 99N–1075] the data used, and (4) the transparency public. Public Health Impact of Vibrio of the draft risk assessment document. Name of Committee: Biological Interested persons were given until Response Modifiers Advisory Parahaemolyticus in Raw Molluscan Shellfish; Draft Risk Assessment March 20, 2001, to comment on the Committee. draft risk assessment. In the Federal General Function of the Committee: Document; Availability; Reopening of Comment Period Register of March 6, 2001, FDA To provide advice and extended the comment period to May recommendations to the agency on AGENCY: Food and Drug Administration, 21, 2001 (66 FR 13546), because a FDA’s regulatory issues. HHS. public meeting to receive comments on Date and Time: The meeting will be ACTION: Notice; reopening of comment the document was scheduled for March held on July 13, 2001, 8:30 a.m. to 4 period. 20, 2001 (March 6, 2001, 66 FR 13544), p.m. the same day the comment period Location: Holiday Inn, Versailles SUMMARY: The Food and Drug closed. The NFI, on behalf of the Gulf Ballrooms I and II, 8120 Wisconsin Administration (FDA) is reopening until Oyster Industry Council, the Pacific Ave., Bethesda, MD. July 18, 2001, the comment period on its Coast Shellfish Growers Association, Contact: Gail Dapolito or Rosanna L. draft risk assessment on the relationship and the Molluscan Shellfish Institute, Harvey (HFM–71), Food and Drug between Vibrio parahaemolyticus in has requested a second extension of the Administration, 1401 Rockville Pike, raw molluscan shellfish and human comment period to allow additional Rockville, MD 20852, 301–827–0314, or health (66 FR 5517, January 19, 2001). time to review, analyze, and FDA Advisory Committee Information Interested persons were initially given constructively respond to the draft risk Line, 1–800–741–8138 (301–443–0572 until March 20, 2001, with an extension assessment. The extended comment in the Washington, DC area), code to May 21, 2001 (66 FR 13546, March period closed on May 21, 2001. FDA, in 12389. Please call the Information Line 6, 2001), to comment on the draft risk response to the NFI request, is
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reopening the comment period until Type of Information Collection following summary of proposed July 18, 2001. The agency does not Request: Revision of a currently collections for public comment. anticipate further extensions of the approved collection; Title of Interested persons are invited to send comment period for this draft risk Information Collection: Medicare comments regarding this burden assessment. Federal Health Care Programs Provider/ estimate or any other aspect of this You must submit written comments to Supplier Enrollment Application; Form collection of information, including any the Dockets Management Branch No.: HCFA–855 (OMB# 0938–0685); of the following subjects: (1) The (address above) by July 18, 2001, in Use: This information is needed to necessity and utility of the proposed order for those comments to be enroll providers and suppliers into the information collection for the proper considered. Medicare program by identifying them, performance of the agency’s functions; A printed copy of the draft risk pricing and paying their claims, and (2) the accuracy of the estimated assessment and/or a CD–ROM of the verifying their qualifications and burden; (3) ways to enhance the quality, risk assessment model may be requested eligibility to participate in Medicare; utility, and clarity of the information to by faxing your name and mailing Frequency: Initial enrollment/ be collected; and (4) the use of address with the names of the recertification and Every three years; automated collection techniques or documents you are requesting to the Affected Public: Business or other for- other forms of information technology to CFSAN Outreach and Information profit, Individuals or Households, and minimize the information collection Center at 1–877–366–3322. The Not-for-profit institutions; Number of burden. documents may be reviewed at the Respondents: 1,300,000; Total Annual Type of Information Request: Dockets Management Branch at the Responses: 604,000; Total Annual Extension of a currently approved address and hours noted above. The Hours: 1,302,000. collection; Title of Information draft risk assessment is also available To obtain copies of the supporting Collection: Medigap Compare; HCFA electronically at www.cfsan.fda.gov, statement and any related forms for the Form Number: HCFA–R–0280 (OMB www.foodsafety.gov, and proposed paperwork collections approval #: 0938–0767); Use: HCFA www.foodriskclearinghouse.umd.edu. referenced above, access HCFA’s Web electronically collects plan-specific Site address at http://www.hcfa.gov/ Dated: June 12, 2001. Medigap data, including but not limited regs/prdact95.htm, or E-mail your to premiums charged and additional Margaret M. Dotzel, request, including your address, phone benefits offered, from each insurer Associate Commissioner for Policy. number, OMB number, and HCFA offering Medigap plans and provides the [FR Doc. 01–15441 Filed 6–19–01; 8:45 am] document identifier, to data on www.medicare.gov to assist BILLING CODE 4160–01–S [email protected], or call the Reports beneficiaries in obtaining accurate Clearance Office on (410) 786–1326. information on all their health care Written comments and coverage options; Frequency: Annually, DEPARTMENT OF HEALTH AND recommendations for the proposed Semi-annually; Affected Public: HUMAN SERVICES information collections must be mailed Business or other for-profit, Federal within 30 days of this notice directly to Health Care Financing Administration Government, State, Local, or Tribal the OMB desk officer: OMB Human Government, Not-for-profit institutions; [Document Identifier: HCFA–855] Resources and Housing Branch, Number of Respondents: 300; Total Attention: Allison Eydt, New Executive Annual Responses: 450; Total Annual Agency Information Collection Office Building, Room 10235, Burden Hours: 75. Activities: Submission for OMB Washington, DC 20503. To obtain copies of the supporting Review; Comment Request Dated: May 29, 2001. statement and any related forms for the AGENCY: Health Care Financing John P. Burke, III, proposed paperwork collections Administration, HHS. HCFA Reports Clearance Officer, HCFA Office referenced above, access HCFA’s Web In compliance with the requirement of Information Services, Security and Site address at http://www.hcfa.gov/ of section 3506(c)(2)(A) of the Standards Group, Division of HCFA regs/prdact95.htm, or E-mail your Paperwork Reduction Act of 1995, the Enterprise Standards. request, including your address, phone Health Care Financing Administration [FR Doc. 01–15449 Filed 6–19–01; 8:45 am] number, OMB number, and HCFA (HCFA), Department of Health and BILLING CODE 4120–03–P document identifier, to Human Services, is publishing the [email protected], or call the Reports following summary of proposed Clearance Office on (410) 786–1326. DEPARTMENT OF HEALTH AND collections for public comment. Written comments and HUMAN SERVICES Interested persons are invited to send recommendations for the proposed information collections must be mailed comments regarding this burden Health Care Financing Administration estimate or any other aspect of this within 30 days of this notice directly to collection of information, including any [Document Identifier: HCFA–R–0280] the OMB desk officer: OMB Human of the following subjects: (1) The Resources and Housing Branch, Agency Information Collection necessity and utility of the proposed Attention: Allison Eydt, New Executive Activities: Submission for OMB information collection for the proper Office Building, Room 10235, Review; Comment Request performance of the agency’s functions; Washington, D.C. 20503. (2) the accuracy of the estimated AGENCY: Health Care Financing Dated: May 29, 2001. burden; (3) ways to enhance the quality, Administration, HHS. John P. Burke, III, utility, and clarity of the information to In compliance with the requirement HCFA Reports Clearance Officer, HCFA Office be collected; and (4) the use of of section 3506(c)(2)(A) of the of Information Services, Security and automated collection techniques or Paperwork Reduction Act of 1995, the Standards Group, Division of HCFA other forms of information technology to Health Care Financing Administration Enterprise Standards. minimize the information collection (HCFA), Department of Health and [FR Doc. 01–15450 Filed 6–19–01; 8:45 am] burden. Human Services, is publishing the BILLING CODE 4120–03–P
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DEPARTMENT OF HEALTH AND Clearance Office on (410) 786–1326. breast cancer are one group at increased HUMAN SERVICES Written comments and risk for breast cancer; we would expect recommendations for the proposed about 2 times as many breast cancers to Health Care Financing Administration information collections must be mailed accrue in a cohort of sisters as would [Document Identifier: HCFA–SP1] within 30 days of this notice directly to accrue in a cohort identified through the OMB desk officer: OMB Human random sampling or other means. Agency Information Collection Resources and Housing Branch, Sisters of women with breast cancer will Activities: Submission for OMB Attention: Wendy Taylor, New also be at increased risk for ovarian Review; Comment Request Executive Office Building, Room 10235, cancer and possibly for other Washington, DC 20503. hormonally-mediated diseases. The AGENCY: Health Care Financing Dated: May 29, 2001. sister design will also facilitate study of Administration, HHS. sib-pairs to evaluate similarities in John P. Burke, III, In compliance with the requirement tumor characteristics, prognosis, and of section 3506(c)(2)(A) of the HCFA Reports Clearance Officer, HCFA Office risk factors. We propose to enroll a Paperwork Reduction Act of 1995, the of Information Services, Security and cohort of 50,000 women who have not Health Care Financing Administration Standards Group, Division of HCFA Enterprise Standards. had breast cancer. In addition, we will (HCFA), Department of Health and enroll 500 of the index sisters whose [FR Doc. 01–15451 Filed 6–19–01; 8:45 am] Human Services, is publishing the breast cancer diagnosis was within the following summary of proposed BILLING CODE 4120–03–P past four months. Initial recruitment of collections for public comment. the first 2,000 women will take place Interested persons are invited to send from October 2001–January 2002 before comments regarding this burden DEPARTMENT OF HEALTH AND HUMAN SERVICES beginning recruitment in earnest in estimate or any other aspect of this April 2002. The data collected in the collection of information, including any National Institutes of Health initial phase will allow us to evaluate of the following subjects: (1) The subject recruitment and data collection necessity and utility of the proposed National Institute of Environmental procedures, and collect other data that information collection for the proper Health Sciences; Proposed Collection; will help us better target our performance of the agency’s functions; Comment Request; The Sister Study: A recruitment efforts. We estimate that a (2) the accuracy of the estimated Prospective Study of the Genetic and cohort of 50,000 sisters aged 30–74 burden; (3) ways to enhance the quality, Environmental Risk Factors for Breast years would provide about 1,500 breast utility, and clarity of the information to Cancer cancer cases over five years. be collected; and (4) the use of Frequency of Response: On occasion automated collection techniques or SUMMARY: In compliance with the (one initial 15-minute screening [either other forms of information technology to requirement of section 3506(c)(2)(A) of on the telephone OR on the internet], minimize the information collection the Paperwork Reduction Act of 1995, followed by an hour and a half-long burden. for opportunity for public comment on telephone interview, one mailed self- Type of Information Collection proposed data collection projects, the administered questionnaire, and some Request: Extension of a currently National Institute of Environmental biological specimens collection). approved collection; Title of Health Sciences (NIEHS), the National Women will be advised that subsequent Information Collection: Medicaid Post- Institutes of Health (NIH) will publish shorter interviews or questionnaires will Eligibility Preprint and Supporting periodic summaries of proposed be sought every 1–2 years for follow-up. Regulations in 42 CFR 435.310; Form projects to be submitted to the Office of Affected Public: Individuals or No.: HCFA–SP–0001 (OMB# 0938– Management and Budget (OMB) for households. 0673); Use: The post-eligibility preprint review and approval. Type of Respondents: Unaffected is part of the comprehensive statement Proposed Collection: Title: The Sister sisters of women diagnosed with breast that a State submits to show that it is Study: A Prospective Study of the cancer, aged 30–74, from all meeting the requirements for Federal Genetic and Environmental Risk Factors socioeconomic backgrounds and funding of its Medicaid program. It for Breast Cancer. ethnicities and women with recently comprises part of each State’s Plan Type of Information Collection diagnosed breast cancer. The annual which outlines the mandatory and Request: NEW. Need and Use of reporting burden is as follows: optional aspects of a State’s Medicaid Information Collection: We are Estimated Number of Respondents: program. Accurate submission of this proposing to study genetic and 63,000 (20,833 unaffected sisters per information is necessary in order for environmental risk factors for the year, on average, plus a total of 500 States to receive federal funding; development of breast cancer in a cohort index sisters with incident breast Frequency: On occasion; Affected of sisters of women who have had breast cancer). Public: State, local or tribal government; cancer. In the United States, there were Estimated Number of Responses per Number of Respondents: 13; Total approximately 180,000 new cases in Respondent: See table below. Annual Responses: 5; Total Annual 1997, accounting for 30% of all new Average Burden Hours Per Response: Hours: 15. cancer cases among women. The 4.6; and To obtain copies of the supporting etiology of breast cancer is complex, Estimated Total Burden Hours statement and any related forms for the with both genetic and environmental Requested: 293,500 (over 3 years). The proposed paperwork collections factors likely playing a role. average annual burden hours requested referenced above, access HCFA’s Web Environmental risk factors, however, is 97,833. The annualized cost to Site address at http://www.hcfa.gov/ have been difficult to identify. By respondents is estimated at $115 regs/prdact95.htm, or E-mail your focusing on genetically susceptible (assuming $20 hourly wage × 5 hours + request, including your address, phone subgroups, more precise estimates of the $15 babysitting/travel allowance). There number, OMB number, and HCFA contribution of environmental and other are no Capital Costs to report. There are document identifier, to non-genetic factors to disease risk may no Operating or Maintenance Costs to [email protected], or call the Reports be possible. Sisters of women with report.
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Estimated Estimated number of Average burden Estimated total Type of respondents number of responses per hours per burden hours respondents respondent response requested
Women calling in (Eligibility Screening) ...... 63,000 1 0.25 15,750 Telephone Interview (CATI) ...... 50,500 1 1.5 75,750 Questionnaires (self-administered) ...... 50,500 1 1.0 50,500 Biological Collections ...... 50,500 1 3.0 2 151,500
Total ...... 1 63,000 ...... 293,500 1 Expect 20% (12,500) ineligible after screening, + 500 incident cases. 2 Includes waiting and travel time, and scheduling appointment for blood draw.
Request for Comments: Written DEPARTMENT OF HEALTH AND classroom and hands-on training comments and/or suggestions from the HUMAN SERVICES courses, which have accounted for public and affected agencies are invited nearly 16 million contact hours of actual on one or more of the following points: National Institutes of Health training. Generally, the grant will (1) Whether the proposed collection of initially be for one year, and subsequent National Institute of Environmental information is necessary for the proper continuation awards are also for one Health Sciences; Division of performance of the function of the year at a time. Grantees must submit a Extramural Research and Training; separate application to have the support agency, including whether the Proposed Collection; Comment information will have practical utility; continued for each subsequent year. Request; Hazardous Waste Worker Grantees are to provide information in (2) the accuracy of the agency’s estimate Training accordance with S65.4(a), (b), (c) and of the burden of the proposed collection 65.6(a) on the nature, duration, and SUMMARY: In compliance with the of information, including the validity of purpose of the training, selection requirement of section 3506(c)(2)(A) of the methodology and assumptions used; criteria for trainees’ qualifications and the Paperwork Reduction Act of 1995, (3) ways to enhance the quality, utility, competency of the project director and for opportunity for public comment on and clarity of the information to be staff, cooperative agreements in the case proposed data collection projects, the collected; and (4) ways to minimize the of joint applications, the adequacy of National Institute of Environmental burden of the collection of information training plans and resources, including Health Sciences (NIEHS), the National on those who are to respond, including budget and curriculum, and response to the use of appropriate automated, Institutes of Health (NIH) will publish meeting training criteria in OSHA’s electronic, mechanical, or other periodic summaries of proposed Hazardous Waste Operations and technological collection techniques or projects to be submitted to the Office of Emergency Response Regulations (29 Management and Budget (OMB) for other forms of information technology. CFR 1910.120). As a cooperative review and approval. agreement, there are additional FOR FURTHER INFORMATION CONTACT: To Proposed Collection: Title: Hazardous requirements for the progress report request more information on the Waste Worker Training—42 CFR part section of the application. Grantees are proposed project or to obtain a copy of 65. Type of Information Collection to provide their information in hard the data collection plans and Request: Revision of OMB No. 0925– copy as well as enter information into instruments, contact: Dr. Dale P. 0348 and expiration date 10/31/2001. the WETP Grantee Data Management Sandler, Acting Chief, Epidemiology Need and Use of Information Collection: System. The information collected is Branch, NIEHS, Building 101, A–304, This request for OMB review and used by the Director through officers, P.O. Box 12233, Research Triangle Park, approval of the information collection is employees, experts, and consultants to NC 27709 or call non-toll-free number required by regulation 42 CFR part evaluate applications based on technical (919) 541–4668 or E-mail your request, 65(a)(6). The National Institute of merit to determine whether to make including your address to: Environmental Health Sciences (NIEHS) awards. Frequency of Response: ‘‘[email protected].’’ was given major responsibility for Biannual. Affected Public: Non-profit initiating a worker safety and health organizations. Type of Respondents: Comments Due Date: Comments training program under section 126 of Grantees. The annual reporting burden regarding this information collection are the Superfund Amendments and is as follows: Estimated Number of best assured of having their full effect if Reauthorization Act of 1986 (SARA) for Respondents: 18; Estimated Number of received on or before August 20, 2001. hazardous waste workers and Responses per Respondent: 2; Average Dated: June 12, 2001. emergency responders. A network of Burden Hours Per Response: 10; and Francine Little, non-profit organizations that are Estimated Total Annual Burden Hours committed to protecting workers and NIEHS, Associate Director for Management. Requested: 360. The annualized costs to their communities by delivering high- respondents is estimated at: $9,180. [FR Doc. 01–15460 Filed 6–19–01; 8:45 am] quality, peer-reviewed safety and health There are no Capital Costs, Operating BILLING CODE 4140–01–M curricular to target populations of Costs and/or Maintenance Costs to hazardous waste workers and report. emergency responders has been Request for Comments: Written developed. In thirteen years (FY 1987– comments and/or suggestions from the 2000), the NIEHS Worker Training public and affected agencies should program has successfully supported 20 address one or more of the following primary grantees that have trained points: (1) Evaluate whether the nearly 1 million workers across the proposed collection of information is country and presented over 54,000 necessary for the proper performance of
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the function of the agency, including contacting Peter A. Soukas, J.D., at the dideoxypurines, dideoxypyrimidines, whether the information will have Office of Technology Transfer, National deoxypurines, deoxypyrimidines, practical utility; (2) evaluate the Institutes of Health, 6011 Executive purine ribonucleosides and pyrimidine accuracy of the agency’s estimate of the Boulevard, Suite 325, Rockville, ribonucleosides. In addition, burden of the proposed collection of Maryland 20852–3804; telephone: 301/ oligonucleotides derived from one or information, including the validity of 496–7056 ext. 268; fax: 301/402–0220; more of the nucleosides in combination the methodology and assumptions used; e-mail: [email protected]. A signed with the naturally occurring nucleosides (3) enhance the quality, utility, and Confidential Disclosure Agreement will are within the scope of the present clarity of the information to be be required to receive copies of the invention. collected; and (4) minimize the burden patent applications. The second invention discloses a of the collection of information on those SUPPLEMENTARY INFORMATION: These method for the treatment of herpes virus who are to respond, including the use infections by the administration of inventions relate to therapeutics for ′ of appropriate automated, electronic, Herpes Simplex Virus (HSV), a major cyclopropanated carbocyclic 2 - mechanical, or other technological public health threat. Results of a recent, deoxynucleosides to an affected collection techniques or other forms of nationally representative study show individual. This invention is a method information technology. that genital herpes infection, caused by of administration of the compounds Comments Due Date: Comments HSV–2, is common in the United States. described above. The compounds of this regarding this information collection are Nationwide, 45 million people ages 12 invention are particularly efficacious against herpes simplex viruses 1 and 2 best assured of having their full effect if and older, or one out of five of the total received on or before August 20, 2001. (HSV–1 and HSV–2), Epstein-Barr Virus adolescent and adult population, is (EBV) and human cytomegalovirus FOR FURTHER INFORMATION CONTACT: To infected with HSV–2. Once infected (CMV), although the nucleoside request more information on the with HSV, people remain infected for analogues of the invention may be used proposed project or to obtain a copy of life. The inventors’ research has shown to treat any condition caused by a the data collection plans and that these compounds are significantly herpes virus. Specifically, the N- instruments, contact: Joseph T. Hughes, more potent than current therapeutics methanocarba-T (Thymidine) analogue Jr., Director, Worker Education and for HSV. Development of these has been shown to exhibit strong Training Program, Division of inventions would provide a significant activity against HSV–1 and HSV–2, and Extramural Research and Training, benefit to the public health in the form NIEHS, P.O. Box 12233, Research moderate to strong activity against EBV. of potentially lower cost therapeutics Significantly, the anti-HSV activity of Triangle Park, NC 27709 or call non-toll- based on the potency of the compounds. free number (919) 541–0217 or E-mail the Thymidine analogue is stronger than your request, including your address to Conformationally Locked Nucleoside that of Acyclovir (shown in a plaque [email protected]. Analogues reduction assay), a widely used anti- HSV therapeutic. Furthermore, the Dated: June 7, 2001. Victor E. Marquez, Juan B. Rodriguez, Thymidine analogue is also non-toxic Marc C. Nicklaus, Joseph J. Barchi, Jr., Francine Little, against stationary cells and is potent Maqbool A. Siddiqui (NCI) NIEHS, Associate Director for Management. against rapidly dividing cells. Dosage U.S. Patent 5,629,454 issued 13 May [FR Doc. 01–15461 Filed 6–19–01; 8:45 am] amounts for the compounds are similar 1997; U.S. Patent 5,869,666 issued 9 BILLING CODE 4140–01–M to those of Acyclovir. Feb 1999; PCT/US94/10794 (issued as Descriptions of these inventions may European Patent Number 0720604 be found in Rodriguez et al., J. DEPARTMENT OF HEALTH AND and Australian Patent Number Medicinal Chemistry 37:3389–3399 HUMAN SERVICES 677441) (1994) and Marquez et al., J. Medicinal and Chemistry 39:3739–3747 (1996). National Institutes of Health Conformationally Locked Nucleoside 5–Substituted Derivatives of Government-Owned Inventions; Analogs as Antiherpetic Agents Conformationally Locked Nucleoside Availability for Licensing: Victor E. Marquez, Juan B. Rodriguez, Analogues Conformationally Locked Nucleoside Marc C. Nicklaus, Joseph J. Barchi, Jr., Victor Marquez, Pamela Russ (NCI) Analogs as Antiherpetic Agents Maqbool A. Siddiqui (NCI) DHHS Reference No. E–249–00/0, U.S. AGENCY: National Institutes of Health, U.S. Patent 5,840,728 issued 23 Nov S/N 60/220,934 filed 26 Jul 2000 Public Health Service, DHHS. 1998 This invention relates to 5-substituted ACTION: Notice. The compounds of the present derivatives of conformationally locked invention represent the first examples of nucleoside analogues and methods of SUMMARY: The inventions listed below carbocyclic dideoxynucleosides that in using these derivatives as antiviral and are owned by agencies of the U.S. solution exist locked in a defined N- anticancer agents. The compounds Government and are available for geometry (C3′-endo) conformation contemplated by the invention are licensing in the U.S. in accordance with typical of conventional nucleosides. nucleoside analogues where the 5- 35 U.S.C. 207 to achieve expeditious These analogues exhibit increased substituent is a halogen, alkyl, alkene, commercialization of results of stability due to the substitution of halovinyl or alkyne group, and the federally-funded research and carbon for oxygen in the ribose ring. The nucleotide base is cytosine or uracil. development. Foreign patent invention includes 4′-6′-cyclopropane The analogues are particularly effective applications are filed on selected fused carbocyclic dideoxynucleosides, in treating viral infections, specifically inventions to extend market coverage 2′-deoxynucleosides and infections of DNA viruses such as for companies and may also be available ribonucleosides as well as Herpes simplex virus (HSV), Varicella for licensing. oligonucleotides derived from these zoster virus (VSV), Epstein Barr virus ADDRESSES: Licensing information and analogues; the preferred embodiment of (EBV), and Cytomegalovirus (CMV) as copies of the U.S. patent applications the invention is carbocyclic-4′-6′- well as members of the Poxviridae listed below may be obtained by cyclopropane-fused analogues of family. The inventors have
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demonstrated in plaque reduction of therapeutic and diagnostic Virus (HCV) and bovine viral diarrhea assays that 5-substituted uracils (bromo, applications, including vaccines. viruses (BVDV). The chimeric viruses iodo, and bromovinyl) attached to a are produced by replacing the structural Cloned Genomes of Infectious Hepatitis bicyclo[3.1.0]hexane template are thirty region or a structural gene of an C Virus and Uses Thereof times more potent than acyclovir against infectious BVDV clone with the HSV–1 and HSV–2. Masayuki Yanagi, Jens Bukh, Suzanne corresponding region or gene of an Dated: June 11, 2001. U. Emerson, Robert H. Purcell (NIAID) infectious HCV. It covers the use of Serial No. 09/014,416 filed 27 Jan 1998, Jack Spiegel, these sequences and polypeptides issued as U.S. Patent 6,153,421 on 28 encoded by all or part of the sequences Director, Division of Technology Development Nov 2000; Serial No. 09/662,454 filed in the development of vaccines and and Transfer, Office of Technology Transfer, 14 Sep 2000; Canadian Application National Institutes of Health. diagnostic assays for HCV and the 2295552; Australian Application [FR Doc. 01–15459 Filed 6–19–01; 8:45 am] development of screening assays for the 84889/98; European Application identification of antiviral agents for BILLING CODE 4140–01–P 98935702.5 HCV. The current invention provides Infectious cDNA Clone of GB Virus B DEPARTMENT OF HEALTH AND nucleic acid sequences comprising the and Uses Thereof HUMAN SERVICES genomes of infectious hepatitis C viruses (HCV) of genotype 1a and 1b. It Jens Bukh, Masayuki Yanagi, Robert H. National Institutes of Health covers the use of these sequences, and Purcell, Suzanne U. Emerson (NIAID) polypeptides encoded by all or part of DHHS Reference No. E–173–99/0, U.S. Government-Owned Inventions; the sequences, in the development of S/N 60/137,694 filed 04 Jun 1999; Availability for Licensing: Cloned vaccines and diagnostic assays for HCV DHHS Reference No. E–173–99/1, Hepatitis C Virus (HCV) Genomes, and the development of screening PCT/US00/15293 filed 02 Jun 2000 Chimeras, and Derivatives Thereof assays for the identification of antiviral The current invention provides agents for HCV. Additional information nucleic acid sequences comprising the AGENCY: National Institutes of Health, can be found in Yanagi et al., (1997) genomes of infectious GB virus B, the Public Health Service, DHHS. Proc. Natl. Acad. Sci., USA 94, 8738– most closely related member of the ACTION: Notice. 8743 and Yanagi et al. (1998) Virology Flaviviridae to hepatitis C virus (HCV). 244, 151–172. It also covers chimeric GBVB–HCV SUMMARY: The inventions listed below sequences and polypeptides for use in are owned by agencies of the U.S. Cloned Genome of Infectious Hepatitis the development of vaccines and Government and are available for C Virus of Genotype 2a and Uses diagnostic assays for HCV and the licensing in the U.S. in accordance with Thereof development of screening assays for the 35 U.S.C. 207 to achieve expeditious Jens Bukh, Masayuki Yanagi, Robert H. identification of antiviral agents for commercialization of results of Purcell, Suzanne U. Emerson (NIAID) HCV. Additional information can be federally-funded research and DHHS Reference No. E–100–99/0, U.S. found in Bukh et al. (1999), Virology development. Foreign patent S/N 60/137,693 filed 04 Jun 1999; 262, 470–478. applications are filed on selected DHHS Reference No. E–100–99/1, Dated: June 11, 2001. inventions to extend market coverage PCT/US00/15466 filed 02 Jun 2000 for companies and may also be available Jack Spiegel, The current invention provides a for licensing. Director, Division of Technology Development nucleic acid sequence comprising the and Transfer, Office of Technology Transfer, ADDRESSES: Licensing information and genome of infectious hepatitis C viruses National Institutes of Health. copies of the U.S. patent applications (HCV) of genotype 2a. The encoded [FR Doc. 01–15462 Filed 6–19–01; 8:45 am] listed below may be obtained by polyprotein differs from those of the BILLING CODE 4140–01–P contacting Peter A. Soukas, J.D., at the infectious clones of genotypes 1a and 1b Office of Technology Transfer, National (U.S. Patent 6,153,421) by Institutes of Health, 6011 Executive approximately thirty (30) percent. It DEPARTMENT OF HEALTH AND Boulevard, Suite 325, Rockville, covers the use of this sequence and HUMAN SERVICES Maryland 20852–3804; telephone: 301/ polypeptides encoded by all or part of 496–7056 ext. 268; fax: 301/402–0220; the sequence, in the development of Office of the Secretary e-mail: [email protected]. A signed vaccines and diagnostic assays for HCV Confidential Disclosure Agreement will and the development of screening White House Commission on be required to receive copies of the assays for the identification of antiviral Complementary and Alternative patent applications. agents for HCV. Additional information Medicine Policy; Notice of Meeting SUPPLEMENTARY INFORMATION: Hepatitis can be found in Yanagi et al. (1999), Pursuant to section 10(a) of the C virus (HCV) is a single stranded RNA Virology 262, 250–263. Federal Advisory Committee Act, as virus responsible for the majority of HCV/BVDV Chimeric Genomes and amended (5 U.S.C. Appendix 2), notice non-A non-B hepatitis. Hepatitis C virus Uses Thereof is given of a meeting of the White House (HCV) has a worldwide distribution and Commission on Complementary and is a major cause of liver cirrhosis and Jae-Hwan Nam, Jens Bukh, Robert H. Alternative medicine Policy. hepatocellular carcinoma in the U.S., Purcell, Suzanne U. Emerson (NIAID) The purpose of this public meeting is Europe, and Japan. For this reason, DHHS Reference No. E–102–99/0, U.S. to convene the Commission to discuss development of a vaccine against S/N 60/137,817 filed 04 June 1999; possible Federal policy regarding hepatitis C is of great importance. The DHHS Reference No. E–102–99/1, complementary and alternative present inventions claim full-length PCT/US00/15527 filed 02 Jun 2000 medicine (CAM). The main focus of the sequences of HCV, HCV chimeras and The current invention provides meeting is the development and HCV derivatives, and methods for using nucleic acid sequences comprising discussion of draft recommendations these full-length sequences for a variety chimeric viral genome of hepatitis C that may be included in the Interim and
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the Final Reports of the White House and two minutes to respond to questions Date: July 12–13, 2001. Commission on Complementary and from Commission members. Due to time Time: 8:00 am to 6:00 pm. Alternative Medicine Policy. Major constraints, only one representative from Agenda: To review and evaluate grant issues before the Commission include each organization will be allotted time for applications. oral testimony. The number of speakers and Place: The Hyatt Regency Hotel, 100 the following: Coordination of CAM the time allotted may also be limited by the Bethesda Metro Center, Bethesda, MD 20814. Research; Access, Delivery, and number of registrants. Priority may be given Contact Person: Rudy O. Pozzatti, PhD, Reimbursement of CAM Services and to participants who have not yet addressed Scientific Review Administrator, Office of Products; Training, Education, the Commission at previous meetings. All Scientific Review, National Human Genome Credentialing, and Licensing of CAM requests to register should include the name, Research Institute, National Institutes of Practitioners; Development and address, telephone number, and business or Health, Bethesda, MD 20892, 301 402–0838. Dissemination of CAM Information for professional affiliation of the interested (Catalogue of Federal Domestic Assistance Health Care Providers and the Public; party, and should indicate the area of interest Program Nos. 83.172, Human Genome and CAM in Wellness, Self-Care, and or question to be addressed. Research, National Institutes of Health, HHS). Any person attending the meeting who has Dated: June 14, 2001. Disease Prevention. Comments received not registered to speak in advance of the at the meeting may be used by the meeting will be allowed to make a brief oral LaVerne Y. Stringfield, Commission to prepare the Report to the statement during the time set aside for public Director, Office of Federal Advisory President as required by the Executive comment if time permits, and at the Committee Policy. Order. Chairperson’s discretion. Individuals unable [FR Doc. 01–15463 Filed 6–19–01; 8:45 am] Some Commission members may to attend the meeting, or any interested BILLING CODE 4140–01–M participate by telephone conference. parties, may send written comments by mail, Opportunities for oral statements by the fax, or electronically to the staff office of the public will be provided on July 3, from Commission for inclusion in the public DEPARTMENT OF HEALTH AND 3 p.m.–4 p.m. (Time approximate) record. HUMAN SERVICES When mailing or faxing written comments, Name of Committee: The White House please provide, if possible, an electronic National Institutes of Health Commission on Complementary and version or on a diskette. Persons needing Alternative Medicine Policy. special assistance, such as sign language National Institute of Environmental Date: July 2–3, 2001. interpretation or other special Health Sciences; Notice of Closed Time: July 2—10 a.m.–6 p.m.; July 3—8 accommodations, should contact the a.m.–4 p.m. Commission staff at the address or telephone Meetings Place: Jurys Washington Hotel, Westbury number listed above no later than June 25, Pursuant to section 10(d) of the Conference Room, 1500 New Hampshire 2001. Ave., NW., Washington, DC 20036, Phone Federal Advisory Committee Act, as Number: 202–483–6000. Dated: June 14, 2001. amended (5 U.S.C. Appendix 2), notice Contact Persons: Michele M. Chang, CMT, LaVerne Y. Stringfield, is hereby given of the following MPH, Executive Secretary, or Stephen C. Director, Office of Federal Advisory meetings. Groft, Pharm.D., Executive Director, 6707 Committee Policy. The meetings will be closed to the Democracy Boulevard, Room 880, MSC– [FR Doc. 01–15467 Filed 6–19–01; 8:45 am] public in accordance with the 5467, Bethesda, MD 20892–5467, Phone: BILLING CODE 4140–01–M provisions set forth in sections (301) 435–7592, Fax: (301)480–1691, E-mail: 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [email protected]. as amended. The grant applications Because of the need to obtain the views of and/or contract proposals and the the public on these issues as soon as possible DEPARTMENT OF HEALTH AND and because of the early deadline for the HUMAN SERVICES discussions could disclose confidential report required of the Commission, this trade secrets or commercial property notice is being provided at the earliest National Institutes of Health such as patentable material, and possible time. personal information concerning Supplementary Information: The President National Human Genome Research individuals associated with the grant established the White House Commission on Institute; Notice of Closed Meeting applications and/or contract proposals, Complementary and Alternative Medicine the disclosure of which would Policy on March 7, 2000 by Executive Order Pursuant to section 10(d) of the Federal Advisory Committee Act, as constitute a clearly unwarranted 13147. The mission of the White House invasion of personal privacy. Commission on Complementary and amended (5 U.S.C. Appendix 2), notice Alternative Medicine Policy is to provide a is hereby given of the following Name of Committee: National Institute of report, through the Secretary of the meeting. Environmental Health Sciences Special Department of Health and Human Services, The meeting will be closed to the Emphasis Panel Community-Based on legislative and administrative public in accordance with the Participatory Research in Evironmental recommendations for assuring that public provisions set forth in sections Health (RFA 01–003). Date: July 10–12, 2001. policy maximizes the benefits of 552b(c)(4) and 552(c)(6), Title 5 U.S.C., complementary and alternative medicine to Time: 7:00 p.m. to 12:00 p.m. Americans. as amended. The grant applications and Agenda: To review and evaluate grant the discussions could disclose applications. Public Participation confidential trade secrets or commercial Place: Hawthorn Suites Hotel, 300 The meeting is open to the public with property such as patentable material, Meredity Drive, Durham, NC 27713. attendance limited by the availability of and personal information concerning Contact Person: J. Patrick Mastin, PhD., space on a first come, first served basis. individuals associated with the grant Scientific Review Administrator, Scientific Members of the public who wish to present applications, the disclosure of which Review Branch/DERT, NIEHS, P.O. Box 12233 MD EC–30, Research Triangle Park, oral comments may register by faxing a would constitute a clearly unwarranted request to register at 301–480–1691 or by NC 27709, (919) 541–1446. invasion of personal privacy. accessing the website of the Commission at Name of Committee: National Institute of http://wwccamp.hhs.gov no later than June Name of Committee: National Human Environmental Health Sciences Special 25, 2001. Genome Research Institute Initial Review Emphasis Panel RFP ES–01–08. Oral comments will be limited to five Group, Ethical, Legal, Social Implications Date: July 20, 2001. minutes, three minutes to make a statement Review Committee. Time: 11:30 a.m. to 1:30 p.m.
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Agenda: To review and evaluate contract National Institutes of Health, DHHS, 6001 Awards; 93.278, Drug Abuse National proposals. Executive Boulevard, Room 3158, MSC 9547, Research Service Awards for Research Place: NIEHS–East Campus, Building 4401, Bethesda, MD 20891–9547, (301) 435–1432. Training; 93.279. Drug Abuse Research Conference Room 122, 79 Alexander Drive, (Catalogue of Federal Domestic Assistance Programs, National Institutes of Health, HHS) Research Triangle Park, NC 27709. Program Nos. 93.277, Drug Abuse Scientist Dated: June 12, 2001. Contact Person: Zoe E. Huang, MD, Development Award for Clinicians, Scientist Scientific Review Administrator, Scientific Development Awards, and Research Scientist Anna Snouffer, Review Branch, Division of Extramural Awards; 93.278, Drug Abuse National Acting Director, Office of Federal Advisory Research and Training, Nat. Institutes of Research Service Awards for Research Committee Policy. Environmental Health Sciences, P.O. Box Training; 93.279, Drug Abuse Research [FR Doc. 01–15469 Filed 6–19–01; 8:45 am] 12233, MD/EC–30, Research Triangle Park, Programs, National Institutes of Health, BILLING CODE 4140–01–M NC 27709, 919/541–4964. HHS). (Catalogue of Federal Domestic Assistance Dated: June 12, 2001. Program Nos. 93.113, Biological Response to Environmental Health Hazards; 93.114, Anna Snouffer, DEPARTMENT OF HEALTH AND Applied Toxicological Research and Testing; Acting Director, Office of Federal Advisory HUMAN SERVICES 93.115, Biometry and Risk Estimation— Committee Policy. Health Risks from Environmental Exposures; [FR Doc. 01–15468 Filed 6–19–01; 8:45 am] National Institutes of Health 93.142, NIEHS Hazardous Waste Worker BILLING CODE 4140–01–M Health and Safety Training; 93.143, NIEHS National Library of Medicine; Amended Superfund Hazardous Substances—Basic Notice of Meeting Research and Education; 93.894, Resources DEPARTMENT OF HEALTH AND Notice is hereby given of a change in and Manpower Development in the HUMAN SERVICES Environmental Health Sciences, National the meeting of the Biomedical Library Institutes of Health, HHS) National Institutes of Health Review Committee, June 14, 2001, 8:30 Dated: June 14, 2001. a.m. to June 15, 2001, 5:00 p.m. National LaVerne Y. Stringfield, National Institute on Drug Abuse; Library of Medicine, 8600 Rockville Pike, Board Room, Bethesda, MD 20894 Director, Office of Federal Advisory Notice of Closed Meeting Committee Policy. which was published in the Federal Pursuant to section 10(d) of the Register on April 12, 2001, 66FR18962. [FR Doc. 01–15464 Filed 6–19–01; 8:45 am] Federal Advisory Committee Act, as On June 14, 2001 the meeting will be BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice closed to the public from 8:30 a.m. to is hereby given of the following 12:00 noon; open to the public from meeting. 12:00 noon to 2:30 p.m.; and closed to DEPARTMENT OF HEALTH AND The meeting will be closed to the HUMAN SERVICES the public from 2:30 p.m. to public in accordance with the adjournment. The meeting is partially provisions set forth in sections National Institutes of Health closed to the public. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The contract proposals and Dated: June 13, 2001. National Institute on Drug Abuse; Anna P. Snouffer, Notice of Closed Meeting the discussions could disclose confidential trade secrets or commercial Acting Director, Office of Federal Advisory Pursuant to section 10(d) of the property such as patentable material, Committee Policy, NIH. Federal Advisory Committee Act, as and personal information concerning [FR Doc. 01–15466 Filed 6–19–01; 8:45 am] amended (5 U.S.C. Appendix 2), notice individuals associated with the contract BILLING CODE 4140–01–M is hereby given of the following proposals, the disclosure of which meeting. would constitute a clearly unwarranted The meeting will be closed to the invasion of personal privacy. DEPARTMENT OF HEALTH AND public in accordance with the HUMAN SERVICES Name of Committee: National Institute on provisions set forth in sections Drug Abuse Special Emphasis Panel ‘‘Web- National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., based Visualization and Analysis of DNA as amended. The grant applications and Micro-array Data.’’ Center for Scientific Review; Notice of the discussions could disclose Date: June 20, 2001. Closed Meeting confidential trade secrets or commercial Time: 10:00 a.m. to 12:00 p.m. property such as patentable material, Agenda: To review and evaluate contract Pursuant to section 10(d) of the and personal information concerning proposals. Federal Advisory Committee Act, as individuals associated with the grant Place: Neuroscience Center, National Institutes of Health, 6001 Executive Blvd., amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which Rockville, MD 20852 (Telephone Conference is hereby given of the following would constitute a clearly unwarranted Call). meeting. invasion of personal privacy. Contact Person: Richard C. Harrison, Chief, The meeting will be closed to the Name of Committee: National Institute on Contract Review Branch, Office of Extramural public in accordance with the Drug Abuse Special Emphasis Panel, Affairs, National Institute on Drug Abuse, provisions set forth in sections Therapeutic Communities Research. National Institutes of Health, 6001 Executive 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: July 26, 2001. Boulevard, Room 3158, MSC 9547, Bethesda, as amended. The grant applications and Time: 9 a.m. to 6 p.m. MD 20892–9547, 301–435–1437. the discussions could disclose Agenda: To review and evaluate grant This notice is being published less than 15 days prior to the meeting due to the timing confidential trade secrets or commercial applications. property such as patentable material, Place: JW Marriott Hotel, 1331 limitations imposed by the review and Pennsylvania Avenue, Washington, DC funding cycle. and personal information concerning 20004. (Catalogue of Federal Domestic Assistance individuals associated with the grant Contact Person: Kesinee Nimit, MD, Health Program Nos. 93.277, Drug Abuse Scientist applications, the disclosure of which Scientist Administrator, Office of Extramural Development Award for Clinicians, Scientist would constitute a clearly unwarranted Affairs, National Institute on Drug Abuse, Development Awards, and Research Scientist invasion of personal privacy.
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Name of Committee: Center for Scientific in 40 CFR 1502.20, which encourages Block 261. Williams will initially use a Review Special Emphasis Panel. agencies to tier environmental support base in Venice, Louisiana, and Date: June 21, 2001. documents, eliminating repetitive switch operations to Mobile, Alabama, Time: 1:30 p.m. to 2:00 p.m. discussions of the same issue. By use of Agenda: To review and evaluate grant once production commences. applications. tiering to the most recent final The proposed action analyzed in the Place: NIH, Rockledge 2, Bethesda, MD environmental impact statement (EIS) EA will be the development plan as 20892, (Telephone Conference Call). for the Gulf of Mexico Central Planning proposed by TotalFinaElf and Williams. Contact Person: Clare K. Schmitt, PhD, Area for Lease Sales 169, 172, 175, 178, Alternatives will include the proposed Scientific Review Administrator, Center for and 182 and by referencing related action with additional mitigations and Scientific Review, National Institutes of environmental documents, this EA no action (i.e., disapproval of the plan). Health, 6701 Rockledge Drive, Room 4182, concentrates on environmental issues MSC 7808, Bethesda, MD 20892, (301) 435– The analyses in the EA will examine the specific to the proposed action. potential environmental effects of the 1148, [email protected]. The MMS GOM Region received a This notice is being published less than 15 proposal and alternatives. Pipeline Right-of-Way (ROW) days prior to the meeting due to the timing Public Comments limitations imposed by the review and Application that proposes to construct, funding cycle. maintain, operate, and transport The MMS requests interested parties (Catalogue of Federal Domestic Assistance hydrocarbon reserves located in to submit comments regarding issues Program Nos. 93.306, Comparative Medicine, Mississippi Canyon Blocks 348, 305, that should be addressed in the EA to 93.306; 93.333, Clinical Research, 93.333, and 217 and DeSoto Canyon Blocks 133 Minerals Management Service, Gulf of 93.337, 93.393–93.396, 93.837–93.844, and 177. The Region also received a Mexico OCS Region, Office of Leasing 93.846–93.878, 93.892, 93.893, National Right-of-Use and Easement Application Institutes of Health, HHS) and Environment, Attention: Regional for a hydrocarbon processing platform, Supervisor (MS 5400), 1201 Elmwood Dated: June 13, 2001. which will receive production from the Park Boulevard, New Orleans, Louisiana Anna Snouffer, Camden Hills, Aconcagua, and Kings 70123–2394. Comments must be Acting Director, Office of Federal Advisory Peak Prospects and four exporting lines submitted no later than 30 days from the Committee Policy. in Main Pass Block 261. The combined publication date of this Notice. [FR Doc. 01–15465 Filed 6–19–01; 8:45 am] Applications are referred to as the Dated: June 7, 2001. BILLING CODE 4140–01–M Canyon Express/Station Pipeline Project. TotalFinaElf will complete and Chris C. Oynes, produce 10 wells that were drilled Regional Director, Gulf of Mexico OCS Region. DEPARTMENT OF THE INTERIOR under previously approved Exploration [FR Doc. 01–15458 Filed 6–19–01; 8:45 am] Plans for the subject blocks. Williams’ BILLING CODE 4310–MR–U Minerals Management Service proposed platform would receive those hydrocarbon resources and export to Preparation of an Environmental existing pipelines. No new drilling Assessment for TotalFinaElf operations are proposed as a part of this DEPARTMENT OF JUSTICE Exploration and Production USA, Inc.’s project. (TotalFinaElf) and Williams Field The Canyon Express portion, a ROW Parole Commission Services—Gulf Coast Company, L.P. Application consists of 28 ROW and (Williams) Pipeline and Platform lease-term pipeline segments. The Sunshine Act Meeting Applications (Canyon Express and lengths of pipeline segments range from ACTION: Public Announcement of Canyon Station Pipeline Applications) 60 feet to over 55 miles. The water depth ranges from 7,216 feet in meeting pursuant to the Government In AGENCY: Minerals Management Service, Mississippi Canyon Block 348 to 299 the Sunshine Act (Public Law 94–409; Interior. feet at the platform (‘‘JP’’) in Main Pass 5 U.S.C. Section 552b). ACTION: Preparation of an environmental Block 261. Portions of the proposed assessment. Canyon Express pipelines are in AGENCY HOLDING MEETING: Department of (adjacent to the western flank of) the Justice, United States Parole SUMMARY: The Minerals Management Eastern Planning Area. TotalFinaElf will Commission. Service (MMS) is preparing an use a support base located in Fourchon, DATE AND TIME: 12:00 p.m., Friday, June environmental assessment (EA) for a Louisiana, to support pipelaying 22, 2001. proposed deepwater development plan activities associated with the Canyon PLACE: 5550 Friendship Boulevard, to develop and produce hydrocarbon Express Project. reserves about 70 miles offshore Suite 400, Chevy Chase, Maryland Condensate and gas produced at the 20815. Louisiana and 107 miles directly south Camden Hills, Aconcagua, and Kings of Alabama in Mississippi Canyon Block Peak Prospects will be transported to STATUS: Closed—Meeting. 348 (Camden Hills Prospect), the proposed Platform in Main Pass MATTERS CONSIDERED: The following Mississippi Canyon Block 305 Block 261. matter will be considered during the (Aconcagua Prospect), and DeSoto The Canyon Station portion, a Right- closed portion of the Commission’s Canyon Blocks 133 and 177 (Kings Peak of-Use and Easement Application Business Meeting: Prospect; in Eastern Planning Area). consists of a processing platform and Appeals to the Commission involving FOR FURTHER INFORMATION CONTACT: four exporting pipelines all within the approximately two cases decided by the Minerals Management Service, Gulf of Central Planning Area. The water depth National Commissioners pursuant to a Mexico OCS Region, 1201 Elmwood of the four departing pipelines range reference under 28 C.F.R. 2.27. These Park Boulevard, New Orleans, Louisiana from 282 to 307 feet. The average length cases were originally heard by an 70123–2394, Mr. Alvin Jones, telephone of the four exporting pipelines is 1.12 examiner panel wherein inmates of (504) 736–1713. miles. The four exporting pipelines will Federal prisons have applied for parole SUPPLEMENTARY INFORMATION: This EA terminate at subsea tie-in points on or are contesting revocation of parole or implements the tiering process outlined existing pipelines within Main Pass mandatory release.
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AGENCY CONTACT: Sam Robertson, Case paperwork and respondent burden, an increase in the cost under the plan Operations, United States Parole conducts a preclearance consultation or coverage of at least one percent. The Commission, (301) 492–5962. program to provide the general public Interim Final Rules under 29 CFR Dated: June 15, 2001. and other federal agencies with an 2590.712(f)(3)(i) and (ii) require a group opportunity to comment on proposed Michael A. Stover, health plan electing this exemption to and continuing collections of provide a written notice to participants General Counsel, U.S. Parole Commission. information in accordance with the and beneficiaries and to the federal [FR Doc. 01–15597 Filed 6–18–01; 1:06 pm] Paperwork Reduction Act of 1995 government of the plan’s election of the BILLING CODE 4410–31–M (PRA95)(44 U.S.C. 3506(c)(2)(A)). This exemption. This notice requirement is program helps to ensure that requested approved under OMB control number data is provided in the desired format, 1210–0105. To satisfy the requirement DEPARTMENT OF JUSTICE reporting burden (time and financial to notify the federal government, a Parole Commission resources) is minimized, collection group health plan may either send the instruments are clearly understood, and Department a copy of the summary of Sunshine Act Meeting the impact of collection requirements on material reductions in covered services respondents can be properly assessed. or benefits sent to participants and ACTION: Public Announcement of By this notice, the Department of beneficiaries, containing the plan meeting pursuant to the Government in Labor’s Pension and Welfare Benefits number and the plan sponsor’s the Sunshine Act (Public Law 94–409; Administration (PWBA) is soliciting employer identification number, or the 5 U.S.C. Section 552b). comments on the extension of the plan may use the Department’s model information collection requests (ICRs) notice published in the Interim Final AGENCY HOLDING MEETING: Department of included in the Interim Rules for Mental Rule which was developed for this Justice, United States Parole Health Parity as published in the purpose. Commission. Federal Register on December 22, 1997 The second ICR, approved under TIME AND DATE: 9:30 a.m., Friday, June (62 FR 66931)(Interim rules). OMB OMB control number 1210–0106, is a 22, 2001. approved the three separate ICRs summary of the information used to PLACE: 5550 Friendship Blvd., Fourth through August 31, 2001 under OMB calculate the plan’s increased costs Floor, Chevy Chase, MD 20815. control numbers 1210–0105, 1210–0106, under the MHPA for purposes of STATUS: Open. and 1210–0107, respectively. Copies of electing the one percent increased cost the ICRs for 1210–0105 and 1210–0106 MATTERS TO BE CONSIDERED: The exemption, which the plan must make may be obtained by contacting the office following matters have been placed on available to participants and shown below in the addresses section of the agenda for the open Parole beneficiaries, on request at no charge. this notice. The approval for the ICR Commission meeting: Under 29 CFR 2590.712(f)(2), a group approved under 1210–0107 will be 1. Approval of minutes of previous health plan wishing to elect the one allowed to expire because it pertained to Commission meeting. percent exemption must calculate their 2. Reports from the Chairman, a specific transitional period, and is no increased costs according to certain Commissioners, Legal, Chief of Staff, longer applicable. rules. Under 29 CFR 2590.712(f)(4), a Case Operations, and Administrative DATES: Written comments must be group health plan electing the one Sections. submitted to the office listed in the percent exemption is obligated to 3. Discussion on recommended addresses section on or before August disclose to participants and revision of 28 CFR § 2.81(d) concerning 20, 2001. beneficiaries (or their representatives), the procedures for reparole hearings in ADDRESSES: Interested parties are on request and at not charge, a summary District of Columbia Code cases. invited to submit written comments of the information on which the AGENCY CONTACT: Sam Robertson, Case regarding the ICRs to Mr. Gerald B. exemption was based. Operations, United States Parole Lindrew, Office of Policy and Research, The third ICR, found in 29 CFR Commission, (301) 492–5962. U.S. Department of Labor, Pension and 2590.712(h)(3)(ii), was a notice of a Welfare Benefits Administration, 200 group health plan’s use of the transition Dated: June 15, 2001. Constitution Avenue, NW., Room N– period. This ICR was originally Michael A. Stover, 5647, Washington, DC 20210. approved under OMB control number General Counsel, U.S. Parole Commission. Telephone: (202) 219–4782. Fax: (202) 1210–0107. This provision required [FR Doc. 01–15598 Filed 6–18–01; 1:06 pm] 219–4745 (these are not toll-free plans exercising the one percent BILLING CODE 4410–31–M numbers). increased cost exemption during all or SUPPLEMENTARY INFORMATION: part of the first quarter of 1998 under the rule’s transition provisions to notify DEPARTMENT OF LABOR I. Background the federal government, and to post a The purpose of this notice is to seek copy of this notice in a location where Pension and Welfare Benefits comments from the public prior to documents are made available for Administration submission to OMB for continued examination by participants and approval of two of the three information beneficiaries pursuant to section 104 of Proposed Extension of Information collection requests included in the ERISA. Because the transition period is Collection Request Submitted for Interim Final Rules. The Mental Health concluded, this requirement no longer Public Comment and Parity Act of 1996 (MHPA) (Pub. L. 104– applies and the ICR will be allowed to Recommendations; Mental Health 204) generally requires that group health expire. Parity plans provide parity in the application Type of Review: Extension of a ACTION: Notice. of dollar limits between mental health currently approved collection. and medical/surgical benefits. The Agency: U.S. Department of Labor, SUMMARY: The Department of Labor, as statute exempts plans from this Pension and Welfare Benefits part of its continuing effort to reduce requirement if its application results in Administration.
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Title: Notice to Participants and of their rights under group health plans, referenced in the BVPS–1 and 2 Beneficiaries and the Federal the Department intends to maintain the Updated Final Safety Analysis Reports Government of Electing One Percent clearance of the notice and disclosure (UFSARs). Changes to documents Increased Cost Exemption. provisions of MHPA through September referenced in the UFSAR are required to OMB Number: 1210–0105. 30, 2001 and until such time as the be made in accordance with 10 CFR Affected Public: Individuals or sunset provision has taken effect 50.59. As such, changes to the relocated households; Business or other for-profit; without additional Congressional action TS requirements will be in accordance Not-for-profit institutions. that would have the effect of extending with the provisions of 10 CFR 50.59 and Frequency: On occasion. the duration of MHPA’s applicability. prior NRC review and approval of Respondents: 10. Comments submitted in response to changes will be requested if required by Responses: 10,000. this notice will be summarized and/or 10 CFR 50.59. Estimated burden hours (Operating included in the request for OMB In order to support the relocation of and Maintenance): 333. approval of the ICRs; they will also certain TS, this license amendment Estimated burden costs: $5,000. become a matter of public record. request also proposes changes to Title: Calculation and Disclosure of Dated: June 14, 2001. retained TS and Bases. In addition, this Documentation of Eligibility for Gerald B. Lindrew, request proposes the addition of a TS Exemption. Bases control program consistent with OMB Number: 1210–0106. Deputy Director, Pension and Welfare Benefits Administration, Office of Policy and the improved standard TS. These Affected Public: Individuals or changes are administrative in nature households; Business or other for-profit; Research. [FR Doc. 01–15536 Filed 6–19–01; 8:45 am] and are made to support the relocation Not-for-profit institutions. of TS and provide clarifications and Frequency: On occasion. BILLING CODE 4510–29–M enhancements that serve to make the Respondents: 10. existing TS more consistent with the Responses: 200. content of the Improved Standard Estimated burden hours (Operating NUCLEAR REGULATORY Technical Specifications (ISTS) for and Maintenance): 10. COMMISSION Westinghouse Plants contained in Estimated burden costs: $100. [Docket Nos. 50–334 and 50–412] NUREG–1431. II. Desired Focus of Comments Before issuance of the proposed Firstenergy Nuclear Operating license amendment, the Commission The Department of Labor is Company (FENOC), et al.; Notice of will have made findings required by the particularly interested in comments Consideration of Issuance of Atomic Energy Act of 1954, as amended that: • Amendment to Facility Operating (the Act) and the Commission’s Evaluate whether the proposed License, Proposed No Significant regulations. collection of information is necessary Hazards Consideration Determination, The Commission has made a for the proper performance of the and Opportunity for a Hearing proposed determination that the functions of the agency, including amendment request involves no whether the information will have The U.S. Nuclear Regulatory significant hazards consideration. Under practical utility; Commission (the Commission) is • the Commission’s regulations in 10 CFR Evaluate the accuracy of the considering issuance of an amendment 50.92, this means that operation of the agency’s estimate of the burden of the to Facility Operating License Nos. DPR– facility in accordance with the proposed proposed collection of information, 66 and NPF–73 issued to FENOC, et al. amendment would not (1) involve a including the validity of the (the licensee) for operation of the Beaver significant increase in the probability or methodology and assumptions used; Valley Power Station, Unit Nos. 1 and • consequences of an accident previously Enhance the quality, utility, and 2 (BVPS–1 and 2), located in evaluated; or (2) create the possibility of clarity of the information to be Shippingport, Pennsylvania. a new or different kind of accident from The proposed amendment would collected; and any accident previously evaluated; or • revise the BVPS–1 and 2 Technical Minimize the burden of the (3) involve a significant reduction in a Specifications (TSs) to implement collection of information on those who margin of safety. As required by 10 CFR improvements endorsed in the Nuclear are to respond, including through the 50.91(a), the licensee has provided its Regulatory Commission’s (NRC’s) Final use of appropriate automated, analysis of the issue of no significant Policy Statement on Technical electronic, mechanical, or other hazards consideration, which is Specification Improvements for Nuclear technological collection techniques or presented below: other forms of information technology, Power Reactors (58 FR 39132) which e.g., permitting electronic submissions was published in the Federal Register 1. Does the change involve a significant of responses. on July 22, 1993. The major change increase in the probability or consequences proposed in this request involves the of an accident previously evaluated? III. Current Actions The proposed amendment does not involve application of the TS screening criteria a significant increase in the probability of an The Department intends to request an from the policy statement (codified in accident previously evaluated because no extension of the ICRs currently 10 CFR 50.36) to evaluate the content of changes are being made to any event approved under control numbers 1210– the BVPS TS. initiator. Nor is any analyzed accident 0105 and 1210–0106 without change to Consistent with the policy statement scenario being revised. The initiating the existing information collection guidance, the TS that do not meet the conditions and assumptions for accidents provisions. Although MHPA criteria of 10 CFR 50.36 are proposed for described in the UFSAR [Updated Final requirements will not apply to benefits relocation to documents controlled by Safety Analysis Report] remain as previously analyzed. for services furnished on or after BVPS. The proposed locations for the The proposed amendment also does not September 30, 2001 in accordance with relocated TS requirements are the involve a significant increase in the the sunset provision of section 712(f) of Licensing Requirements Manual (LRM) consequences of an accident previously ERISA, in order to ensure that and Offsite Dose Calculation Manual evaluated. The amendment does not reduce participants and beneficiaries are aware (ODCM). The LRM and ODCM are the current operability requirements
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contained in the TS proposed for relocation. results in a change in the regulatory control of issuance and provide for opportunity The proposed relocation of TS requirements required for future changes made to the for a hearing after issuance. The only affects the level of regulatory control requirements. Additionally, the technical Commission expects that the need to involved in future changes to the specifications proposed for relocation do not take this action will occur very requirements. Additionally, the TS proposed meet the 10 CFR 50.36 criteria for retention for relocation do not meet the 10 CFR 50.36 in the technical specifications. infrequently. criteria for retention in the TS. The requirements contained within the Written comments may be submitted The additional changes proposed to affected TS will continue to be implemented by mail to the Chief, Rules and retained TS in the LAR [license amendment by the appropriate plant procedures (e.g., Directives Branch, Division of request], including the addition of the TS operating and maintenance procedures) in Administrative Services, Office of Bases Control Program, are either the same manner as before. However, future Administration, U.S. Nuclear Regulatory enhancements, clarifications, or changes to the relocated requirements will be Commission, Washington, DC 20555– administrative in nature, and are made to controlled in accordance with 10 CFR 50.59 0001, and should cite the publication support the relocation of TS and to be more instead of a license amendment pursuant to date and page number of this Federal consistent with the ISTS and plant specific 10 CFR 50.90. The provisions of 10 CFR Register notice. Written comments may safety analyses. The changes to retained TS 50.59 establish adequate controls over also be delivered to Room 6D59, Two have no adverse effect on the safety analyses requirements removed from the TS and for design basis accidents described in the assure future changes to these requirements White Flint North, 11545 Rockville UFSAR. The initiating conditions and will be consistent with safe plant operation. Pike, Rockville, Maryland, from 7:30 assumptions for accidents described in the The additional changes proposed to a.m. to 4:15 p.m. Federal workdays. UFSAR remain as previously analyzed. retained TS in this LAR, including the Documents may be examined, and/or Therefore, the proposed amendment does addition of the TS Bases Control Program, are copied for a fee, at the NRC’s Public not involve a significant increase in the either enhancements, clarifications, or Document Room, located at One White probability or consequences of an accident administrative in nature, and are made to Flint North, 11555 Rockville Pike (first previously evaluated. support the relocation of TS and to be more floor), Rockville, Maryland. 2. Does the changes create the possibility consistent with the ISTS and plant specific The filing of requests for hearing and of a new or different kind of accident from safety analyses. These changes do not alter any accident previously evaluated? petitions for leave to intervene is any operating parameters or design discussed below. The proposed amendment does not involve requirements assumed in a safety analysis for any physical changes to the plant or the systems or components important to the By July 20, 2001, the licensee may file modes of plant operation defined in the TS. mitigation and control of design bases a request for a hearing with respect to The proposed amendment does not involve accident conditions within the facility. Nor issuance of the amendment to the the addition or modification of plant do these changes alter safety limits or safety subject facility operating license and equipment nor does it alter the design or system settings required for safe operation of any person whose interest may be operation of any plant systems. No new the plant or the assumptions of any safety affected by this proceeding and who accident scenarios, transient precursors, analysis. wishes to participate as a party in the failure mechanisms, or limiting single Therefore, the proposed amendment does proceeding must file a written request failures are introduced as a result of these not involve a significant reduction in a for a hearing and a petition for leave to changes. margin of safety. There are no changes in this amendment intervene. Requests for a hearing and a that would cause the malfunction of safety- The NRC staff has reviewed the petition for leave to intervene shall be related equipment assumed to be operable in licensee’s analysis and, based on this filed in accordance with the accident analyses. No new mode of failure review, it appears that the three Commission’s ‘‘Rules of Practice for has been created and no new equipment standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings’’ in 10 performance requirements are imposed. The satisfied. Therefore, the NRC staff CFR Part 2. Interested persons should proposed amendment has no effect on any proposes to determine that the consult a current copy of 10 CFR 2.714, previously evaluated accident. amendment request involves no which is available at the Commission’s Therefore, the proposed amendment does significant hazards consideration. Public Document Room, located at One not create the possibility of a new or different The Commission is seeking public White Flint North, 11555 Rockville Pike kind of accident from any accident previously evaluated. comments on this proposed (first floor), Rockville, Maryland, or 3. Does the change involve a significant determination. Any comments received electronically on the Internet at the NRC reduction in a margin of safety? within 30 days after the date of Web site http://www.nrc.gov/NRC/CFR/ The margin of safety depends on the publication of this notice will be index.html. If there are problems in maintenance of specific operating parameters considered in making any final accessing the document, contact the and systems within design requirements and determination. Public Document Room Reference staff safety analysis assumptions. Normally, the Commission will not at 1–800–397–4209, 301–415–4737, or The proposed amendment does not involve issue the amendment until the by e-mail to [email protected]. If a request for revisions to any safety limits or safety system expiration of the 30-day notice period. a hearing or petition for leave to setting that would adversely impact plant However, should circumstances change safety. The proposed amendment does not intervene is filed by the above date, the alter the functional capabilities assumed in a during the notice period such that Commission or an Atomic Safety and safety analysis for any system, structure, or failure to act in a timely way would Licensing Board, designated by the component important to the mitigation and result, for example, in derating or Commission or by the Chairman of the control of design bases accident conditions shutdown of the facility, the Atomic Safety and Licensing Board within the facility. Nor does this amendment Commission may issue the license Panel, will rule on the request and/or revise any parameters or operating amendment before the expiration of the petition; and the Secretary or the restrictions that are assumptions of a design 30-day notice period, provided that its designated Atomic Safety and Licensing basis accident. In addition, the proposed final determination is that the Board will issue a notice of hearing or amendment does not affect the ability of amendment involves no significant safety systems to ensure that the facility can an appropriate order. be placed and maintained in a shutdown hazards consideration. The final As required by 10 CFR 2.714, a condition for extended periods of time. determination will consider all public petition for leave to intervene shall set The relocation of TS does not reduce the and State comments received. Should forth with particularity the interest of effectiveness of the requirements being the Commission take this action, it will the petitioner in the proceeding, and relocated. Rather, the relocation of the TS publish in the Federal Register a notice how that interest may be affected by the
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results of the proceeding. The petition If a hearing is requested, the the NRC Public Document Room should specifically explain the reasons Commission will make a final Reference staff at 1–800–397–4209, 301– why intervention should be permitted determination on the issue of no 415–4737 or by e-mail to [email protected]. with particular reference to the significant hazards consideration. The Dated at Rockville, Maryland, this 14th day following factors: (1) The nature of the final determination will serve to decide of June, 2001. petitioner’s right under the Act to be when the hearing is held. For the Nuclear Regulatory Commission. If the final determination is that the made party to the proceeding; (2) the Lawrence J. Burkhart, amendment request involves no nature and extent of the petitioner’s Project Manager, Section 1, Project property, financial, or other interest in significant hazards consideration, the Directorate I, Division of Licensing Project the proceeding; and (3) the possible Commission may issue the amendment Management, Office of Nuclear Reactor effect of any order which may be and make it immediately effective, Regulation. entered in the proceeding on the notwithstanding the request for a [FR Doc. 01–15474 Filed 6–19–01; 8:45 am] hearing. Any hearing held would take petitioner’s interest. The petition should BILLING CODE 7590–01–P also identify the specific aspect(s) of the place after issuance of the amendment. subject matter of the proceeding as to If the final determination is that the which petitioner wishes to intervene. amendment request involves a significant hazards consideration, any SECURITIES AND EXCHANGE Any person who has filed a petition for COMMISSION leave to intervene or who has been hearing held would take place before admitted as a party may amend the the issuance of any amendment. Submission for OMB Review; petition without requesting leave of the A request for a hearing or a petition Comment Request Board up to 15 days prior to the first for leave to intervene must be filed with prehearing conference scheduled in the the Secretary of the Commission, U.S. Upon Written Request, Copies Available proceeding, but such an amended Nuclear Regulatory Commission, From: Securities and Exchange petition must satisfy the specificity Washington, DC 20555–0001, Attention: Commission, Office of Filings and Rulemakings and Adjudications Staff, or requirements described above. Information Services, Washington, DC may be delivered to the Commission’s 20549. Not later than 15 days prior to the first Public Document Room, located at One Extension: Form 1, prehearing conference scheduled in the White Flint North, 11555 Rockville Pike proceeding, a petitioner shall file a Rules 6a–1 and 6a–2; SEC File No. 270–18; (first floor), Rockville, Maryland, by the OMB Control No. 3235–0017. supplement to the petition to intervene above date. A copy of the petition Rules 6a–3; SEC File No. 270–15; OMB which must include a list of the should also be sent to the Office of the Control No. 3235–0021. contentions which are sought to be General Counsel, U.S. Nuclear Notice is hereby given that pursuant litigated in the matter. Each contention Regulatory Commission, Washington, must consist of a specific statement of to the Paperwork Reduction Act of 1995 DC 20555–0001, and to Mary O’Reilly, (44 U.S.C. 3501 et seq.) the Securities the issue of law or fact to be raised or Attorney, FirstEnergy Legal Department, and Exchange Commission controverted. In addition, the petitioner FirstEnergy Corporation, 76 S. Main (‘‘Commission’’) has submitted to the shall provide a brief explanation of the Street, Akron, OH 44308, attorney for Office of Management and Budget bases of the contention and a concise the licensee. requests for extension of the previously statement of the alleged facts or expert Nontimely filings of petitions for approved collections of information opinion which support the contention leave to intervene, amended petitions, discussed below. and on which the petitioner intends to supplemental petitions and/or requests The Securities Exchange Act of 1934 rely in proving the contention at the for hearing will not be entertained (‘‘Act’’) sets forth a regulatory scheme hearing. The petitioner must also absent a determination by the for national securities exchanges. Rule provide references to those specific Commission, the presiding officer or the 6a–1 under the Act 1 generally requires sources and documents of which the presiding Atomic Safety and Licensing an applicant for initial registration as a petitioner is aware and on which the Board that the petition and/or request national securities exchange to file an petitioner intends to rely to establish should be granted based upon a application with the Commission on those facts or expert opinion. Petitioner balancing of the factors specified in 10 Form 1. An exchange that seeks an must provide sufficient information to CFR 2.714(a)(1)(i)–(v) and 2.714(d). exemption from registration based on show that a genuine dispute exists with For further details with respect to this limited trading volume also must apply the applicant on a material issue of law action, see the application for for such exemption on Form 1. Rule 6a– or fact. Contentions shall be limited to amendment dated March 28, 2001 2 under the Act 2 requires registered and matters within the scope of the (Agencywide Documents Access and exempt exchanges: (1) To amend the amendment under consideration. The Management Systems (ADAMS) Form 1 if there are any material changes contention must be one which, if Accession No. ML010950383), as to the information provided in the proven, would entitle the petitioner to supplemented on May 1, 2001 (ADAMS initial Form 1; and (2) to submit relief. A petitioner who fails to file such Accession No. ML011290073), which is periodic updates of certain information a supplement which satisfies these available for public inspection at the provided in the initial Form 1, whether requirements with respect to at least one Commission’s Public Document Room, such information has changed or not. contention will not be permitted to located at One White Flint North, 11555 The information required pursuant to participate as a party. Rockville Pike (first floor), Rockville, Rules 6a–1 and 6a–2 is necessary to Those permitted to intervene become Maryland. Publicly available records enable the Commission to maintain parties to the proceeding, subject to any will be accessible from the ADAMS accurate files regarding the exchange limitations in the order granting leave to Public Electronic Reading Room on the and to exercise its statutory oversight intervene, and have the opportunity to Internet at the NRC Web site, http:// functions. Without the information participate fully in the conduct of the www.nrc.gov/NRC/ADAMS/index.html. submitted pursuant to Rule 6a–1 on hearing, including the opportunity to If you do not have access to ADAMS or present evidence and cross-examine if there are problems in accessing the 1 17 CFR 240.6a–1. witnesses. documents located in ADAMS, contact 2 17 CFR 240.6a–2.
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Form 1, the Commission would not be to retain records of the collection of Written comments regarding the able to determine whether the information for at least five years. above information should be directed to respondent met the criteria for Section 6 of the Act 4 sets out a the following persons: (a) Dest Officer registration or exemption set forth in framework for the registration and for the Securities and Exchange Sections 6 and 19 of the Act. Without regulation of national securities Commission, Office of Information and the amendments and periodic updates exchanges. Under Commission Rule 6a– Regulatory Affairs, Office of of information submitted pursuant to 3,5 one of the rules that implements Management and Budget, Room 10102, Rule 6a–2, the Commission would have section 6, a national securities exchange New Executive Office Building, substantial difficulty determining (or an exchange exempted from Washington DC 20503; and (b) Michael whether a national securities exchange registration based on limited trading E. Bartell, Associate Executive Director, or exempt exchange was continuing to volume) must provide certain Office of Information Technology, operate in compliance with the Act. supplemental information to the Securities and Exchange Commission, The respondents to the collection of Commission, including any material 450 Fifth Street, NW, Washington, DC information are entities that seek (including notices, circulars, bulletins, 20549. Comments must be submitted to registration as a national securities lists, and periodicals) issued or made the Office of Management and budget exchange or that seek exemption from generally available to members of, or within 30 days of this notice. registration based on limited trading participants or subscribers to, the exchange. Rule 6a–3 also requires the Dated: June 12, 2001. volume. After the initial filing of Form Margaret H. McFarland, 1, both registered and exempt exchanges exchanges to file monthly reports that Deputy Secretary. are subject to ongoing informational set forth the volume and aggregate requirements. dollar amount of securities sold on the [FR Doc. 01–15528 Filed 6–19–01; 8:45 am] Initial filings on Form 1 by new exchange each month. The information BILLING CODE 8010–01–M exchanges are made on a one-time basis. required to be filed with the The Commission estimates that it will Commission pursuant to Rule 6a–3 is designed to enable the Commission to SECURITIES AND EXCHANGE receive approximately three initial Form COMMISSION 1 filings per year and that each carry out its statutorily mandated respondent would incur an average oversight functions and to ensure that [Release No. IC–25004; File No. 812–12418] burden of 47 hours to file an initial registered and exempt exchanges Form 1 at an average cost per response continue to be in compliance with the First Allmerica Financial Life Insurance of approximately $4,517. Therefore, the Act. Company, et al. The respondents to the collection of Commission estimates that the annual June 14, 2001. burden for all respondents to file the information are national securities exchanges and exchanges that are AGENCY: Securities and Exchange initial Form 1 would be 141 hours (one Commission (‘‘SEC’’ or ‘‘Commission’’). response/respondent × three exempt from registration based on ACTION: Notice of Application for an respondents × 47 hours/response) and limited trading volume. order under section 6(c) of the $13,551 (one response/respondent × The Commission estimates that each Investment Company Act of 1940 (the three respondents × $4,517/response). respondent make approximately 25 such filings on an annual basis at an average ‘‘1940 Act’’) granting exemptions from There currently are nine entities cost of approximately $21 per response. the provisions of sections 2(a)(32), 22(c), registered as nationals securities Currently, 11 respondents (nine national and 27(i)(2)(A) of the 1940 Act and Rule exchanges and two exempt exchanges. securities exchanges and two exempt 22c–1 thereunder to permit the The Commission estimates that each exchanges) are subject to the collection recapture of credits applied to registered or exempt exchange file one of information requirements of Rule 6a– contributions made under certain amendment or periodic update to Form 3. The Commission estimates that the deferred variable annuity contracts. 1 per year, incurring an average burden total burden for all respondents is 137.5 of 25 hours to comply with Rule 6a–2. SUMMARY OF APPLICATION: hours (25 filings/respondent per year × Applicants The Commission estimates that the 0.5 hours/filing × 11 respondents) and seek an order under section 6(c) of the annual burden for all respondents to file $5,775 ($21/response × 25 responses/ 1940 Act to the extent necessary to amendments and periodic updates to respondent per year × 11 respondents) permit, under specified circumstances, the Form 1 pursuant to Rule 6a–2 is 275 per year. the recapture of certain credits applied hours (11 respondents × 25 hours/ Compliance with Rule 6a–3 is to contributions made under deferred response × one response/respondent per mandatory for registered and exempt variable annuity contracts and year) and $25,630 (11 respondents × exchanges. Information received in certificates (the ‘‘Contracts’’) that First $2,330/response × one response/ response to Rule 6a–3 shall not be kept Allmerica will issue through the respondent per year). confidential; the information collected Separate Accounts (defined below), as Compliance with Rules 6a–1 and 6a– is public information. As set forth in well as other contracts that First 2 and Form 1 is mandatory for entities Rule 17a–1 under the Act,6 a national Allmerica may issue in the future seeking to register as a national securities exchange is required to retain through the Separate Accounts or any securities exchange or seeking an records of the collection of information other future separate account of First exemption from registration based on for at least five years. Allmerica (‘‘Other Separate Account’’), limited trading volume. Information An agency may not conduct or which contracts are substantially similar received in response to Rules 6a–1 and sponsor, and a person is not required to in all material respects to the Contracts 6a–2 and Form 1 shall not be kept respond to, a collection of information (the ‘‘Future Contracts’’). Applicants confidential; the information collected unless it displays a currently valid also request that the order being sought is public information. As set forth in control number. extend to any other National Rule 17a–1 under the Act,3 a national Association of Securities Dealers, Inc., securities exchange generally is required 4 15 U.S.C. 78f. (‘‘NASD’’) member broker-dealer 5 17 CFR 240.6a–3. controlling or controlled by, or under 3 17 CFR 240.17a–1. 6 17 CFR 240.17a–1. common control with, First Allmerica,
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whether existing or created in the converted from a mutual life insurance through Allmerica Select Separate future, that serves as a distributor or company known as State Mutual Life Account (‘‘Select Contracts’’), Separate principal underwriter for the Contracts Assurance Company Of America to a Account, VA–K (‘‘VA–K Contracts’’), or Future Contracts offered through the stock life insurance company and Separate Account VA–P (‘‘VA–P Separate Accounts or any Other adopted in present name. First Contracts’’) and Separate Account KG Separate Account (‘‘First Allmerica Allmerica is a wholly owned subsidiary (‘‘KG Contracts’’) (collectively, the Broker-Dealer(s)’’). of Allamerica Financial Corporation ‘‘Contracts’’), Allmerica Investments is APPLICANTS: First Allmerica Financial (‘‘AFC’’). First Allmerica is licensed to registered with the Commission as a Life Insurance Company (‘‘First do business in all states, but currently broker-dealer under the Securities Allmerica’’) Separate Account VA-K of sells variable annuity contracts only in Exchange Act of 1934 (the ‘‘1934 Act’’) First Allmerica, Separate Account VA-P New York and Hawaii. and is a member of the NASD. The of First Allmerica, Separate Account KG 2. Each of the Separate Accounts is a Contracts will be offered through of First Allmerica, and Allmerica Select segregated asset account of First registered representatives of Allmerica Separate Account of First Allmerica Allmerica. Each of the Separate Investments, or through unaffiliated (together with the other Applicant Accounts is registerd with the broker-dealers, which are registered separate accounts, the ‘‘Separate Commission as a unit investment trust under the 1934 Act and members of the Accounts’’), and Allmerica Investment, under the 1940 Act (Separate Account NASD, that have selling agreements Inc., (Collectively ‘‘Applicants’’). VA–K, see File No. 811–8114; Allmerica with Allmerica Investments. Allmerica FILING DATE: The application was filed Select Separate Account, see File No. Investments, or any successor entity, on January 24, 2001 and an amended 811–8116; Separate Account VA–P, see may act as principal underwriter for any and stated application was filed on June File No. 811–8872; and Separate Other Separate Account and distributor 14, 2001. Account KG, see File No. 811–7769). for any Future Contracts issued by First First Allmerica serves as depositor of HEARING OR NOTIFICATION OF HEARING: An America. A successor entity also may each of the Separate Accounts. First order granting the applicants will be act as principal underwriter for the Allmerica may in the future establish issued unless the SEC orders a hearing. Separate Accounts. one or more Other Separate Accounts 5. The Select Contracts, VA–K Intersted persons may request a hearing for which it will serve as depositor. Contracts, VA–P Contracts, and KG by writing to the SEC’s Secretary and 3. Units of interest in the Separate Contracts are substantially similar in all serving Applicants with a copy of the Accounts under the Contracts will be material respects. They differ request, in person or by mail. Hearing registered under the Securities Act of principally in the mix of mutual funds requests should be received by the SEC 1933 (the ‘‘1933 Act’’). In that regard, underlying each of the Separate by 5:30 p.m. on July 6, 2001, and should the Separate Accounts have filed Form Accounts, in the distribution channels be accompanied by proof of service on N–4 Registration Statements under the used in the offering of the Contracts, the Applicants, in the form of an 1933 Act relating to the Contracts. and in the amount of the Credit (5% for affidavit or, for lawyers, a certificate of Allmerica Select Separate Account filed the Select Contracts and 4% for the VA– service. Hearing requests should state a Form N–4 Registration Statement on K Contracts, KG Contracts and VA–P the nature of the writer’s interest, the January 19, 2001 under the 1933 Act Contracts). There are minor differences reason for the request, and the issues relating to the Contracts, Separate in some contract features. Contracts may contested. Persons who wish to be Account VA–K filed a Form N–4 be issued as individual retirement notified of a hearing may request Registration Statement on January 24, annuities (‘‘IRAs,’’ either ‘‘Traditional notification by writing to the Secretary 2001, Separate Account VA–P Filed a IRAs’’ or ‘‘Roth IRAs’’), in connection of the Commission. Form N–4 Registration Statement on with certain types of qualified or non- FOR FURTHER INFORMATION CONTACT: January 19, 2001, and Separate Account qualified plans, or as non-qualified Mark Cowan, Senior Counsel, at (202) KG filed a Form N–4 Registration annuities for after-tax contributions 942–0675, or Keith Carpenter, Branch Statement on January 24, 2001. only. In some situations, the Contracts Chief, and (202) 942–0679, Office of Registrants filed Pre-Effective may be issued on a group basis, rather Insurance Products, Division of Amendments to their registration than as an individual contract. Each of Investment Management. statements on May 18, 2001. First the group contracts consists of (i) a basic ADDRESSES: Secretary, Securities and Allmerica may in the future issue form of group annuity contract (the Exchange Commission, 450 Fifth Street, Future Contracts through the Separate ‘‘Group Contract’’) issued to an NW., Washington, DC 20549–0609. Accounts and through Other Separate employer or to a bank, trust company or Applicants, c/o First Allmerica Accounts. The assets of the Separate other institution whose sole Financial Life Insurance Company, 440 Accounts are not chargeable with responsibility will be to serve as party Lincoln Street, Worcester, liabilities arising out of any other to the Group Contract, (ii) a basic form Massachusetts, 01653, Attn: Sheila B. business of First Allmerica. Any of certificate issued under and reflecting St. Hilaire, Esq. income, gains or losses, realized or the terms of the Group Contract, and SUPPLEMENTARY INFORMATION: The unrealized, from assets allocated to the (iii) forms of certificate endorsements to following is a summary of the Separate Accounts are, in accordance be used for specific forms of benefits application. The complete application is with the respective Contracts, credited under the certificates. available for a fee from the SEC’s Public to or charged against the Separate 6. Payments may be made to the Reference Branch, 450 Fifth Street, NW., Accounts, without regard to other Contract at any time prior to the Washington, DC 20549–0102 (tel. (202) income, gains or losses of First Annuity Date, subject to certain 942–8090). Allmerica. minimums. Currently, the initial 4. Allmerica Investments, Inc., payment must be at least $5,000 ($2,000 Applicants’ Representations (‘‘Allmerica Investments’’) is an indirect for IRAs), with lower minimum 1. First Allmerica is a stock life wholly-owned subsidiary of First payments under salary deduction or insurance company organized under the Allmerica and will be the principal monthly automatic payment plans, and laws of Massachusetts in 1844. Effective underwriter of the Separate Accounts for certain employer sponsored October 16, 1995, First Allmerica and distributor of the Contracts funded retirement plans. The minimum
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subsequent payment is $50 ($100 for KG comprise the initial investment options provisions of the 1940 Act and the rules Contracts). The Contracts permit the under the Contracts. First Allmerica in promulgated thereunder if and to the owner to allocate contributions to a the future may determine to create extent that such exemption is necessary fixed interest account (‘‘Fixed additional Sub-Accounts of the Separate or appropriate in the public interest and Account’’) of First Allmerica’s general Accounts to invest in additional consistent with the protection of account, to accumulate interest at a portfolios, other underlying portfolios or investors and the purposes fairly fixed, guaranteed rate. First Allmerica’s other investments in the future. Sub- intended by the policy and provisions of general account assets support the Accounts may be combined or the 1940 Act. Applicants request that guarantee of principal and interest. eliminated from time to time. the commission, pursuant to section 6(c) 7. Separate Account VA–K of First 9. The Contracts provide for various of the 1940 Act, grant the exemptions Allmerica will offer thirty-six Sub- withdrawal options, annuity benefits summarized above with respect to the accounts under the separate Account and payout annuity options, as well as Contracts and any Future Contracts VA–K Contracts. These Sub-Accounts transfer privileges among Sub-Accounts, funded by the Separate Accounts or will invest in a corresponding dollar cost averaging, death benefits, Other Separate Accounts, that are issued investment portfolio of the Delaware optional annuitization riders, and other by First Allmerica and underwritten or Group Premium Fund, of the Pioneer features. The Contracts have charges distributed by Allmerica Investments or Variable Contracts Trust, of the AIM consisting of: (i) A withdrawal charge as Allmerica Broker-Dealers. Applicants Variable Insurance funds, of The Alger a percentage of contributions declining undertake that Future Contracts funded American Fund, of the Alliance Variable from 8.5% in years one through four to by the Separate Accounts or any Other Products Series Fund, Inc., and of the 0% after year nine, with a 15% ‘‘free Separate Account will be substantially Franklin Templeton Insurance Products withdrawal’’ amount in certain similar in all material respects to the Trust. Allmerica Select Separate situations; (ii) asset-based charges at the Contracts. Applicants believe that the Account is currently comprised of forty annual rates of 1.40% for mortality and requested exemptions are appropriate in Sub-Accounts, which will invest in a expense risks and 0.15% for the public interest and consistent with corresponding investment portfolio of administration expenses assessed the protection of investors and the the Allmerica Investment Trust, of the against the net assets of each Sub- purposes fairly intended by the policy AIM Variable Insurance Funds, of the Account; and (iii) an annual contract fee and provisions of the 1940 Act. Alliance Variable Products Series Fund, of $30 for Contracts with an 2. Applicants represent that it is not Inc., of the Deutsche Asset Management Accumulated Value of less than administratively feasible to track the VIT Funds, of the Eaton Vance Variable $75,000. The underlying Funds each Credit amount in any of the Separate Trust, of the Fidelity Variable Insurance impose investment management fees Accounts after the Credit is applied. Products Fund, of the Fidelity Variable and charges for other expenses. Accordingly, the asset-based charges Insurance Products Fund II, of the 10. Each time First Allmerica receives applicable to the Separate Accounts will Fidelity Variable Insurance Products a contribution from an owner, it will be assessed against the entire amounts Fund III, of the Franklin Templeton allocate to the owner’s contract value a held in the respective Separate Variable Insurance Products Trust, of credit (‘‘Credit’’) of a percentage of the Accounts, including the Credit amount, the INVESCO Variable Investment amount of the contribution (5% for the during the ‘‘free look’’ period. As a Funds, Inc., of the Janus Aspen Series, Select Contracts and 4% for the VA–K result, during each period, the aggregate of the Pioneer Variable Contracts Trust, Contracts, VA–P Contracts, and KG asset based charges against an owner’s of the Scudder Variable Series II, and of Contracts). First Allmerica will allocate annuity account value will be higher the T. Rowe Price International Series, Credits among the investment options in than those that would be charged if the Inc. Separate Account KG is currently the same proportion as the owner’s annuity account value did not comprised of forty Sub-Accounts, which corresponding contributions are include the Credit. will invest in a corresponding allocated by the owner. First Allmerica 3. Subsection (i) of section 27 investment series of the Kemper will fund the Credits from its general provides that section 27 does not apply Variable Series, of the Scudder Variable assets. First Allmerica will recapture to any registered separate account Series I and Scudder Variable Series II, Credits from an owner only if the owner funding variable insurance contracts, or of The Alger American Fund, of the returns the Contract to First Allmerica to the sponsoring insurance company Dreyfus Investment Portfolios, of The for a refund during the ‘‘free look’’ and principal underwriter of such Dreyfus Socially Responsible Growth period, which varies by state. account, except as provided in Fund, Inc., and of the Credit Suisse 11. Applicants seek an exemption paragraph (2) of the subsection. Warburg Pincus Trust. Separate pursuant to section 6(c) of the 1940 Act Paragraph (2) provides that it shall be Account VA–P currently consists of from sections 2(a)(32), 22(c), and unlawful for any registered separate thirty investment portfolios, which will 27(i)(2)(A) of the 1940 Act and Rule account funding variable insurance invest in a corresponding investment 22c–1 thereunder to the extent deemed contracts or a sponsoring insurance portfolio of the Pioneer Variable necessary to permit First Allmerica to company of such account to sell a Contracts Trust, of the AIM Variable recapture Credits when an owner contract funded by the registered Insurance Funds, of the Alliance returns a Contract for a refund during separate account unless, among other Variable Products Series Fund, Inc., of the ‘‘free look’’ period, in which case things, such contract is a redeemable the Delaware Group Premium Fund, of first Allmerica will recover the amount security. Section 2(a)(32) defines the Franklin Templeton Variable of any Credit applicable to such ‘‘redeemable security’’ as any security, Insurance Products Trust, and of the contribution. other than short-term paper, under the Van Kampen Life Investment Trust. terms of which the holder, upon These Sub-Accounts are also made Applicants’ Legal Analysis presentation to the issuer, is entitled to available to investors under other 1. section 6(c) of the 1940 Act receive approximately his proportionate variable annuity contracts offered by authorizes the commission to exempt share of the issuer’s current net assets, First Allmerica. any person, security or transaction, or or the cash equivalent thereof. 8. The Separate Accounts and Fixed any class or classes of persons, 4. Applicants submit that the Account of First Allmerica will securities or transactions from the recapture of the Credit if an owner
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returns the Contract during the free look in, the redeemable securities of any result of the recapture of the Credit. period would not deprive an owner of registered investment company, However, to avoid any uncertainty as to his or her proportionate share of the whether or not members of any full compliance with the 1940 Act, issuer’s current net assets. Applicants securities association, to the same Applicants request an exemption from state that an owner’s interest in the extent, covering the same subject matter, the provisions of section 22(c) and Rule amount of the Credit allocated to his or and for the accomplishment of the same 22c–1 to the extent deemed necessary to her annuity account value upon receipt ends as are prescribed in section 22(a) permit them to recapture the Credit, as of an initial contribution is not vested in respect of the rules which may be described herein, under the Contracts until the applicable free-look period has made by a registered securities and Future Contracts. expired without return of the Contract. association governing its members. Rule Until or unless the amount of any Credit 22c–1 thereunder prohibits a registered Conclusion is vested, Applicants submit that First investment company issuing any Allmerica retains the right and interest redeemable security, a person Applicants submit that their request in the Credit amount, although not in designated in such issuer’s prospectus for an order is appropriate in the public the earnings attributable to that amount. as authorized to consummate interest. Applicants state that such an Applicants argue that when First transactions in any such security, and a order would promote competitiveness Allmerica recaptures any Credit it is principal underwriter of, or dealer in, in the variable annuity market by simply retrieving its own assets, and such security, from selling, redeeming, eliminating the need to file redundant because an owner’s interest in the Credit or repurchasing any such security exemptive applications, thereby is not vested, the owner has not been except at a price based on the current reducing administrative expenses and deprived of a proportionate share of the net asset value of such security which maximizing the efficient use of applicable Separate Account’s assets, is next computed after receipt of a Applicants’ resources. Applicants argue i.e., a share of the applicable Separate tender of such security for redemption that investors would not receive any Account’s assets proportionate to the or of an order to purchase or sell such benefit or additional protection by owner’s annuity account value security. requiring Applicants to repeatedly seek (including the Credit). 9. Arguably, First Allmerica’s exemptive relief that would present no 5. In addition, Applicants state that it recapture of the Credit may be viewed issue under the 1940 Act that has not would be patently unfair to allow an as resulting in the redemption of owner exercising the free-look privilege already been addressed in their to retain a Credit amount under a redeemable securities for a price other application described herein. Contract that has been returned for a than one based on the current net asset Applicants submit that having them file refund after a period of only a few days. value of the Separate Accounts. additional applications would impair Applicants state that if First Allmerica Applicants contend, however, that their ability effectively to take advantage could not recapture the Credit, recapture of the Credit does not violate of business opportunities as they arise. individuals could purchase a Contract section 22(c) and Rule 22c–1. Further, Applicants state that if they with no intention of retaining it, and Applicants argue that the recapture does were required repeatedly to seek simply return the Contract for a quick not involve either of the evils that Rule exemptive relief with respect to the profit. 22c–1 was intended to eliminate or same issues addressed in the 6. Applicants represent that the Credit reduce, namely: (i) The dilution of the application described herein, investors value of outstanding redeemable will be attractive to and in the interest would not receive any benefit or securities of registered investment of investors because it will permit additional protection thereby. owners to put their contributions and companies through their sale at a price the amount of the credit to work for below net asset value or their Applicants submit, based on the them in the selected Sub-Accounts. In redemption or repurchase at a price grounds summarized above, that their addition, the owner will retain any above it, and (ii) other unfair results exemptive request meets the standards earnings attributable to the Credit, and including speculative trading practices. set out in section 6(c) of the 1940 Act, the principal amount of the Credit will See Adoption of Rule 22c–1 under the namely, that the exemptions requested be retained under the conditions set 1940 Act, Investment Company Release are necessary or appropriate in the forth in the application. No. 5519 (Oct. 16, 1968). To effect a public interest and consistent with the 7. Applicants submit that the recapture of a Credit, First Allmerica protection of investors and the purposes provisions for recapture of any Credit if will redeem interests in an owner’s fairly intended by the policy and an owner returns a Contract or any Contract at a price determined on the provisions of the 1940 Act, and that, Future Contract during the free look basis of current net asset value of the therefore, the Commission should grant period under the Contracts will not respective Sub-Accounts. The amount the requested order. violate sections 2(a)(32) and 27(i)(2)(A) recaptured will equal the amount of the of the 1940 Act. Nevertheless, to avoid Credit that First Allmerica paid out of For the Commission, by the Division of any uncertainties, Applicants request an its general account assets. Although Investment Management, pursuant to delegated authority. exemption from those Sections, to the owners will be entitled to retain any extent deemed necessary, to permit the investment gain attributable to the Margaret H. McFarland, recapture of any Credit if an owner Credit, the amount of such gain will be Deputy Secretary. returns a Contract or any Future determined on the basis of the current [FR Doc. 01–15529 Filed 6–19–01; 8:45 am] Contract during the free look period net asset value of the respective Sub- BILLING CODE 8010–01–M without the loss of the relief from Accounts. Thus, no dilution will occur section 27 provided by section 27(i). upon the recapture of the Credit. 8. Section 22(c) of the 1940 Act Applicants also submit that the second authorizes the Commission to make harm that Rule 22c–1 was designed to rules and regulations applicable to address, namely, speculative trading registered investment companies and to practices calculated to take advantage of principal underwriters of, and dealers backward pricing, will not occur as a
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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Commitments’’) 6 of the ITS Plan COMMISSION Statement of the Purpose of, and provides that ITS Participants should Statutory Basis for, the Proposed Rule not routinely use ITS as an order [Release No. 34–44426; File No. SR–CSE– Change delivery system to reroute a substantial 2001–02] 1. Purpose portion of orders to ITS when those orders were originally sent to another Self-Regulatory Organizations; Notice The purpose of this proposed rule Participant market for execution. As of Filing of a Proposed Rule Change by change is to eliminate the Exchange section 8(a)(iv) of the ITS Plan requires, the Cincinnati Stock Exchange, Inc. requirement that market and marketable ‘‘* * * most orders received within the Relating to the Elimination of the limit orders be exposed for fifteen market of an Exchange Participant are Requirement To Expose Market and seconds (the ‘‘Additional Probe’’ or expected to be executed within that Marketable Limit Orders for Fifteen ‘‘Additional Probing Requirement’’) to market.’’ CSE would not violate section Seconds Before Formatting as all Approved Dealers 4 before being 8(a)(iv) without the Additional Probe. Intermarket Trading System Trade formatted as an ITS outbound In the CSE’s electronic market Commitments commitment to trade. The Operating environment, the CSE represents that Committee of the Intermarket Trading every order entering its National June 14, 2001. System (the ‘‘ITS Committee’’ or Securities Trading System (‘‘NSTS’’) is Pursuant to section 19(b)(1) of the ‘‘ITSOC’’) imposed the Additional exposed to all open interest on the Securities Exchange Act of 1934 Probing Requirement, codified as CSE Exchange. CSE Designated Dealers, in Rules 11.9(o)(2) and 11.9(o)(3), as a (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 fulfilling their duties as specialists, condition for implementing an notice is hereby given that on May 25, display their best bids and offers and automated interface with ITS in 1985.5 2001, the Cincinnati Stock Exchange, customer limit orders as required. The ITS Committee claimed that such Incorporated (‘‘CSE’’ or ‘‘Exchange’’) Unlike in 1986 when the ITS Committee an Additional Probe was necessary filed with the Securities and Exchange imposed the Additional Probing because the CSE systems would be Commission (‘‘Commission’’) the Requirement, the CSE believes that the submitting computer generated proposed rule change, as described in Commission’s Limit Order Display Rule commitments to ITS in lieu of using ITS Items I, II, and III below, which Items ensures that any agency interest in a stations located on an exchange floor. have been prepared by the CSE. The given security is displayed in The ITSOC’s concern was that such a Commission is publishing this notice to practice would turn ITS into an order accordance with the Rule, and therefore solicit comment on the proposed rule routing mechanism on behalf of CSE subject to execution against contra-side change from interested persons. Members. However, the CSE maintains interest. The CSE believes that its electronic market fully complies with I. Self-Regulatory Organization’s that the Additional Probing section 8(a)(iv) of the ITS Plan. Statement of the Terms of Substance of Requirement is an unfair Moreover, with the CSE continuing to the Proposed Rule Change anticompetitive burden upon the CSE because (1) the ITS Plan imposes no be subject to the ITS formula restrictions The CSE proposes to amend CSE such systemic Additional Probing contained in section 8(e)(iv) of the ITS Rules 11.9(o)(2) and 11.9(o)(3) to Requirement upon all ITS Participants; Plan, the CSE believes that the eliminate the Exchange requirement that (2) the CSE ensures that it satisfies the Additional Probe requirement is a public agency market and marketable ITS Plan’s restrictions on automated redundant impediment that imposes limit orders be exposed for fifteen routing practices by operating within anti-competitive restrictions on the CSE, seconds to all Approved Dealers 3 before the imposed formula restrictions; and while providing little, if any, support to being formatted into an Intermarket (3) the ITS Committee has voted to the policies expressed in section 8(a)(iv) Trading System (‘‘ITS’’) outbound accept the computer generated of the ITS Plan. The ITS Committee commitment to trade. The text of the commitments of the Pacific Exchange in itself has supported this position in a proposed rule change is available at the combination with Archipelago, LLC recent action, unanimously approving Office of the Secretary, the CSE and the (‘‘PCX/ARCA’’) without an Additional the 18th Amendment to the ITS Plan. Commission. Probing Requirement. As part of the approval process for the The CSE believes that the imposition proposed 18th Amendment to the ITS II. Self-Regulatory Organization’s of the extraordinary Additional Probing Plan, which incorporates the Statement of the Purpose of, and Requirement upon the CSE has always configuration of the Pacific Exchange— Statutory Basis for, the Proposed Rule been an unreasonable condition for Archipelago, LLC merger into the ITS Change automated participation in the ITS Plan. Plan, the ITS Committee determined In its filing with the Commission, the The ITS Plan itself does not impose that PCX/ARCA would not be required CSE included statements concerning the specific Additional Probing to implement an Additional Probing purpose of, and basis for, the proposed Requirements for any ITS Participant, Requirement despite the fact that PCX/ rule change and discussed any but instead states that ITS Participants ARCA computer generates orders into comments it received on the proposed should not automatically reroute orders ITS commitments in a manner 7 rule change. The text of these statements to other ITS Participant markets without substantially similar to that of CSE. may be examined at the places specified first making reasonable efforts to probe 6 in Item IV below. The CSE has prepared the market and achieve satisfactory See Section 8(a)(iv) of the ITS Plan. On execution in their own market. Section November 3, 2000, the Commission approved the summaries, set forth in sections A, B, Fifteenth Amendment to the ITS Plan, which the and C below, of the most significant 8(a)(iv) (‘‘Automated Generation of ITSOC, among other things, relabeled section 8(a)(v) aspects of such statements. as section 8(a)(iv). See Securities Exchange Act 4 Id. Release No. 43520 (Nov. 3, 2000), 65 FR 68165 5 The ITS Committee also imposed a formula (Nov. 14, 2000). 1 15 U.S.C. 78s(b)(1). restriction on CSE outbound commitments, as well 7 On April 16, 2001, the Sub-Committee of the 2 17 CFR 240.19b–4. as the requirement that all CSE rule filings be ITS Committee met and determined that the 3 See CSE Rule 11.9(a)(4) (defining the term submitted for review by the ITS Committee before Additional Probing Requirement was not a ‘‘Approved Dealer’’. filing with the Commission. necessary condition for PCX/ARCA to generate
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The ITS Committee’s rationale was that have some flexibility in establishing the promote just and equitable principles of PCX/ARCA’s Facility Formula 8 ‘‘ceiling’’ numbers in the formula.’’ 13 trade and to remove impediments to and provided a sufficient mechanism to The CSE believes that the ITSOC has perfect the mechanism of a free and comply with section 8(a)(iv) of the ITS now turned the probe and formula open market and a national market Plan. This position was reiterated in a requirements on their respective heads. system, and, in general, to protect recent letter drafted after the ITSOC’s The ITS Committee proposed that if CSE investors and the public interest. approval of the 18th Amendment to the is willing to accept the PCX/ARCA Formula, it may, with the support of the B. Self-Regulatory Organization’s ITS Operating Committee from the Statement on Burden on Competition Committee’s Chairman.9 In the letter, ITSOC, remove its Additional Probe. the Chairman emphasizes that What this means is that the The CSE does not believe that the compliance with the operational methodology for generating ITS proposed rule change will impose any parameters (i.e., the PCX/ARCA Facility commitments is now secondary to the inappropriate burden on competition. Formula) would satisfy the limitation on outbound commitments. PCX/ARCA is in compliance with C. Self-Regulatory Organization’s requirements of section 8(a)(iv) of the Statement on Comments on the ITS Plan.10 Although CSE believed that section 8(a)(iv) of the ITS Plan because it has agreed to the limitations Proposed Rule Change Received From its affirmative vote on the 18th Members, Participants or Others Amendment would be in return for contained in the PCX/ARCA Formula. ITSOC support for eliminating CSE’s Primarily, PCX/ARCA is subject to an The CSE has neither solicited nor probe, the letter states that the New immediate cessation of access, not received written comments on the York Stock Exchange’s (‘‘NYSE’’) because it modified its systems to proposed rule change, not necessary or proposal [to eliminate CSE’s Additional impose a probe. Today, the PCX/ARCA appropriate in furtherance of the Probe] was predicated on CSE signing proposal is exactly as it was months ago purposes of the Act. when the NYSE begain its campaign to on to the same operational parameters III. Date of Effectiveness of the as PCX/ARCA.11 require PCX/ARCA to institute an Additional Probe. Proposed Rule Change and Timing for The CSE fails to see any rational basis If PCX/ARCA need not impose a Commission Action for applying an Additional Probe under fifteen second delay before computer Within 35 days of the publication of the CSE formula, while eliminating the generating outbound ITS commitments, this notice in the Federal Register or Additional Probe under the PCX/ARCA CSE believes it should be relieved of 12 within such longer period (i) as the formula. CSE bases this position on that obligation as well. The CSE remains Commission may designate up to 90 the complete reversal of positions by the willing to comply with the CSE Formula days of such date if it finds such longer NYSE and the ITS Committee. The so as to ensure that it does not send a period to be appropriate and publishes Additional Probe requirement was significant portion of its order flow its reasons for so finding or (ii) as to originally claimed by the NYSE to be through ITS. Since the imposition of the which the Exchange consents, the based on the methodology used by formula restriction, CSE has never Commission will: Participants to generate ITS exceeded its formula limitations. (A) By order approve such proposed commitments. The NYSE has long However, based on the recent ITSOC rule change or claimed that the probe requirement is action to emasculate the probe (B) Institute proceedings to determine paramount to the formula restriction. requirement, the CSE respectfully The NYSE has stated in the past: ‘‘*** whether the proposed rule change proposes that its Additional Probing should be disapproved. assuming its compliance with the Plan’s Requirement is no longer an ITS probing requirement, it would requirement, and therefore requests IV. Solicitation of Comments somewhat lessen our concerns that a Commission approval of its proposed primary market function of optimark Interested persons are invited to rule change. submit written data, views and would be to provide access to the In the interest of maintaining efficient primary market. In that event, we would arguments concerning the foregoing, trading rules and in order to conform including whether the proposed rule CSE rules to the rules and procedures of change is consistent with the Act. automated computerized submissions of ITS other ITS Participants and the ITS Plan Persons making written submissions formatted trades. itself, the CSE proposes to eliminate the 8 should file six copies thereof with the Section 8(a)(ii)(B) (‘‘Percentage of ARCA Facility Additional Probing Requirement ITS Volume’’) of the proposed 18th Amendment to Secretary, Securities and Exchange the ITS Plan. contained in CSE Rules 11.9(o)(2) and Commission, 450 Fifth Street, NW., 9 See Letter from Mr. Allen Bretzer, Senior Vice 11.9(o)(3). Washington, DC 20549–0609. Copies of President, CHX, to the ITSOC (May 14, 2001). 10 Id. 2. Statutory Basis the submission, all subsequent 11 Id. CSE Rejected the NYSE’s proposal because The proposed rule change is amendments, all written statements the PCX/ARCA Facility Formula, designed to consistent with section 6(b) of the Act with respect to the proposed rule accommodate PCX/ARCA’s market structure, failed change that are filed with the in general,14 and furthers the objectives to provide a ‘‘period to cure.’’ A period to cure is Commission, and all written a period of time during which an ITS Participant of sections 6(b)(5) in particular.15 The communications relating to the that has violated the formula restrictions may take proposed rule change is consistent with proposed rule change between the appropriate measures to address such violations section 6(b)(5) in that it is designed to without being subject to immediate prohibition of Commission and any person, other than ITS use. Immediate cessation of ITS access is those that may be withheld from the unacceptable to the CSE market model and is not 12 As noted above, the most significant difference contemplated by CSE’s current forumla restrictions. between the two formulae is that PCX/ARCA’s public in accordance with the 12 As noted above, the most significant difference formula does not provide a period to cure. provisions of 5 U.S.C. 552, will be between the two formulae is that PCX/ARCA’s Apparently, the NYSE will not require an available for inspection and copying in formula does not provide a period to cure. Additional Probe as long as it can ‘‘pull the plug’’ the Commission’s Public Reference Apparently, the NYSE will not require an on a National Market System participant should Additional Probe as long as it can ‘‘pull the plug’’ such participant violate the PCX/ARCA formula. Room. Copies of such filing will also be on a National Market System participant should 13 See letter from Mr. James E. Buck, Senior Vice- available for inspection and copying at such participant violate the PCX/ARCA formula. President, NYSE, to mr. Jonathan Katz, Secretary, the principal office of the Exchange.
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All submissions should refer to File SMALL BUSINESS ADMINISTRATION Dated: June 12, 2001. No. SR–CSE–2001–02 and should be Herbert L. Mitchell, submitted by July 11, 2001. [Declaration of Disaster #3348] Associate Administrator for Disaster For the Commission, by the Division of Assistance. Market Regulation, pursuant to the delegated State of Louisiana [FR Doc. 01–15453 Filed 6–19–01; 8:45 am] authority.16 BILLING CODE 8025–01–P Margaret H. McFarland, As a result of the President’s major Deputy Secretary. disaster declaration on June 11, 2001, I [FR Doc. 01–15530 Filed 6–19–01; 8:45 am] find that the following Parishes in the SMALL BUSINESS ADMINISTRATION State of Louisiana constitute a disaster BILLING CODE 8010–01–M [Declaration of Disaster #3345] area due to damages caused by Tropical Storm Allison occurring on June 5, 2001 State of West Virginia: Amendment #1 and continuing: Ascension, SMALL BUSINESS ADMINISTRATION Assumption, East Baton Rouge, In accordance with a notice received Iberville, Lafayette, Lafourche, from the Federal Emergency [Declaration of Disaster #3346] Livingston, St. Martin, Terrebonne and Management Agency, dated June 11 Vermilion Parishes. Applications for 2001, the above-numbered Declaration State of Kentucky loans for physical damage as a result of is hereby amended to include Cabell, Laurel County and the contiguous this disaster may be filed until the close Clay, Lincoln, Mason, McDowell, counties of Clay, Jackson, Knox, of business on August 10, 2001, and for Mingo, Roane, Summers, and Wayne McCreary, Pulaski, Rockcastle and loans for economic injury until the close Counties in the State of West Virginia as Whitley constitute a disaster area due to of business on March 11, 2002 at the disaster areas caused by flooding, severe damages caused by severe storms and address listed below or other locally storms, and landslides beginning on tornadoes that occurred on June 2, 2001. announced locations: U.S. Small May 15, 2001 and continuing. Applications for loans for physical Business Administration, Disaster Area In addition, applications for economic damage may be filed until the close of 3 Office, 4400 Amon Carter Blvd., Suite injury loans from small businesses business on August 10, 2001 and for 102, Fort Worth, TX 76155. located in Braxton, Calhoun, Greenbrier, Monroe and Wirt Counties in the State economic injury until the close of In addition, applications for economic of West Virginia; Buchanan in the State business on March 11, 2002 at the injury loans from small businesses of Virginia; Boyd, Martin, Lawrence and address listed below or other locally located in the following contiguous Pike Counties in the State of Kentucky; announced locations: U.S. Small Parishes may be filed until the specified and Gallia, Lawrence and Meigs Business Administration, Disaster Area date at the above location: Acadia, Counties in the State of Ohio may be 2 Office, One Baltimore Place, Suite Cameron, East Feliciana, Iberia, filed until the specified date at the 300, Atlanta, GA 30308. Jefferson, Jefferson Davis, Pointe previously designated location. Any The interest rates are: Coupee, St. Charles, St. Helena, St. counties contiguous to the above named James, St. John The Baptist, St. Landry, For Physical Damage primary counties and not listed here St. Mary, Tangipahoa, West Baton have been previously declared. Homeowners With Credit Available Rouge and West Feliciana Parishes in The economic injury numbers Elsewhere: 6.625% Louisiana. Homeowners Without Credit Available assigned are 9L8900 for Kentucky and Elsewhere: 3.312% The interest rates are: 9L9000 for Ohio. Businesses With Credit Available For Physical Damage All other information remains the Elsewhere: 8.000% same, i.e., the deadline for filing Businesses and Non-Profit Homeowners With Credit Available applications for physical damage is Organizations Without Credit Elsewhere: 6.625% August 2, 2001, and for loans for Available Elsewhere: 4.000% Homeowners Without Credit Available economic injury is March 4, 2002. Others (Including Non-Profit Elsewhere: 3.312% (Catalog of Federal Domestic Assistance Organizations) With Credit Available Program Nos. 59002 and 59008) Businesses With Credit Available Elsewhere: 7.125% Elsewhere: 8.000% Dated: June 12, 2001. For Economic Injury Businesses and Non-Profit James E. Rivera, Businesses and Small Agricultural Organizations Without Credit Acting Associate Administrator for Disaster Assistance. Cooperatives Without Credit Available Elsewhere: 4.000% [FR Doc. 01–15452 Filed 6–19–01; 8:45 am] Available Elsewhere: 4.000% Others (Including Non-Profit BILLING CODE 8025–01–P The number assigned to this disaster Organizations) With Credit Available for physical damage is 334611 and for Elsewhere: 7.125% economic injury the number assigned is For Economic Injury 9L8500. SOCIAL SECURITY ADMINISTRATION (Catalog of Federal Domestic Assistance Businesses and Small Agricultural Agency Information Collection Program Nos. 59002 and 59008) Cooperatives Without Credit Activities: Proposed Request Dated: June 11, 2001. Available Elsewhere: 4.000% The Social Security Administration John Whitmore, The number assigned to this disaster (SSA) publishes a list of information Acting Administrator. for physical damage is 334808 and for collection packages that will require [FR Doc. 01–15454 Filed 6–19–01; 8:45 am] economic injury the number assigned is clearance by the Office of Management BILLING CODE 8025–01–U 9L8800. and Budget (OMB) in compliance with (Catalog of Federal Domestic Assistance Pub. L. 104–13 effective October 1, 16 17 CFR 200.30–3(a)(12). Program Nos. 59002 and 59008) 1995, The Paperwork Reduction Act of
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1995. SSA is soliciting comments on the Vehicle Administrations and State SSI applicants/recipients who are blind accuracy of the agency’s burden Employment Commissions. or disabled. estimate; the need for the information; Number of Respondents: 7,000. its practical utility; ways to enhance its SSA–L711 SSA–L712 Frequency of Response: 1. quality, utility and clarity; and on ways Average Burden Per Response: 2 to minimize burden on respondents, Number of Re- 1,300 ...... 1,100. hours. spondents. including the use of automated Frequency of 1 ...... 1. Estimated Average Burden: 14,000 collection techniques or other forms of Response. hours. information technology. Average Burden 2 minutes ... 2 minutes. 4. Request for the Correction of Written comments and Per Response. Earning Records—0960–0029. Form recommendations regarding the Estimated An- 43 hours ..... 37 hours. SSA–7008 is used by individual wage information collection(s) should be nual Burden. earners to request SSA’s review, and if submitted to the SSA Reports Clearance necessary, correction of the Agency’s Officer at the following address: Social 2. Employee Identification master record of their earnings. The Security Administration, DCFAM, Attn: Statement—0960–0473. The information respondents are individuals who Frederick W. Brickenkamp, 1–A–21 collected on Form SSA–4156 is needed question SSA’s record of their earnings. Operations Bldg., 6401 Security Blvd., in scrambled earnings situations when Number of Respondents: 375,000. Baltimore, MD 21235. two or more individuals have used the Frequency of Response: 1. The information collections listed same social security number (SSN), or Average Burden Per Response: 10 below will be submitted to OMB within when an employer (or employers) have minutes. 60 days from the date of this notice. reported earnings for two or more Estimated Annual Burden: 62,500 Therefore, your comments should be employees under the same SSN. The hours. submitted to SSA within 60 days from information on the form is used to help 5. Request for a Deceased Individual’s the date of this publication. You can identify the individual (and the SSN) to Social Security Record, SSA–711; You obtain copies of the collection whom the earnings belong. The Can Make Your Payment by Credit Card instruments by calling the SSA Reports respondents are employers who have for a Deceased Individual’s Social Clearance Officer at 410–965–4145, or reported erroneous wages. Security Record, SSA–714—0960–NEW. by writing to him at the address listed Number of Respondents: 4,750. Form SSA–711 is used by SSA to fulfill above. Frequency of Response: 1. requests from members of the public 1. Request for Address Information Average Burden Per Response: 10 who apply for a microprint of the SS– from Motor Vehicles Records, SSA– minutes. 5, Application for Social Security Card, L711; Request for Address Information Estimated Average Burden: 792 hours. for a deceased individual. SSA provides from Employment Commissions 3. Plan for Achieving Self-Support— this information in response to a request Records, SSA–L712—0960–0341. SSA 0960–0559. The information on form from an individual conducting sends the SSA–L711 to State Motor SSA–545 is collected by SSA when a genealogical research. The information Vehicle Adminstrations to obtain the Supplemental Security Income (SSI) collected on Form SSA–714 is used by last known address from driver’s license applicant/recipient desires to use SSA to process credit card payments and vehicle registration records. SSA available income and resources to from members of the public who request sends the SSA–L712 to State obtain education and/or training in a microprint of the SS–5 in conjunction Employment Commissions to obtain last order to become self-supportive. The with the service provided by the Agency known address from State information is used to evaluate the through the SSA–711. Respondents to unemployment/employment wage recipient’s plan for achieving self- the SSA–711 and 714 are members of records. SSA uses the information to support to determine whether the plan the public who request a microprint of locate debtors to arrange for payment of may be approved under the provisions the SS–5 of a deceased individual for a debt. The respondents are State Motor of the SSI program. The respondents are genealogical research.
Average bur- Respondents Frequency of den per re- Estimated an- response sponse (min) nual burden
SSA–711 ...... 320,000 1 7 37,333 SSA–714 ...... 50,000 1 7 5,833
Total burden hours ...... 43,166
6. Statement for Determining recipients’ continuing eligibility for SSI while timely obtaining the accurate data Continuing Eligibility for Supplemental payments. Recent SSA studies have needed to determine continuing Security Income Payments—Adult, indicated that as many as 2⁄3 of all eligibility through the process. Form SSA–3988–TEST; Statement for scheduled redeterminations completed, The Collection Determining Continuing Eligibility for with the assistance of a SSA employee, Supplemental Security Income did not result in any change in A limited test of forms SSA–3988– Payments—Child, Form SSA–3987– circumstances that affected payment. TEST and SSA–3987–TEST will be used TEST—0960–NEW. Therefore, SSA will conduct a limited to determine whether SSI recipients test to determine whether a less have met and continue to meet all Background intrusive and labor intensive statutory and regulatory non-medical The Social Security Act mandates redetermination process could result in requirements for SSI eligibility, and periodic redeterminations of the non- significant operational savings and a whether they have been and are still medical factors that relate to the SSI decrease in recipient inconvenience, receiving the correct payment amount.
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The SSA–3988–TEST and SSA–3987– completion and return to SSA. The test respondents are recipients of SSI TEST are designed as self-help forms objectives are to determine the public’s benefits or their representatives. that will be mailed to recipients or to ability to understand and accurately their representative payees for complete the test forms. The
Average bur- Respondents Frequency of den per re- Estimated an- response sponse (min) nual burden
SSA–3988–TEST ...... 13,600 1 20 4,533 SSA–3987–TEST ...... 2,400 1 20 800
Total burden hours ...... 5,333
Dated: June 14, 2001. Dated: June 12, 2001. 44, 301 4th Street, SW., Room 700, Frederick W. Brickenkamp, Helena Kane Finn, Washington, DC 20547–0001. Reports Clearance Officer. Acting Assistant Secretary for Educational Dated: June 12, 2001. [FR Doc. 01–15439 Filed 6–19–01; 8:45 am] and Cultural Affairs, United States Helena Kane Finn, Department of State. BILLING CODE 4191–02–U Acting Assistant Secretary for Educational [FR Doc. 01–15540 Filed 6–19–01; 8:45 am] and Cultural Affairs, Department of State. BILLING CODE 4710–08–U [FR Doc. 01–15539 Filed 6–19–01; 8:45 am] DEPARTMENT OF STATE BILLING CODE 4710–08–U DEPARTMENT OF STATE [Public Notice 3701] [Public Notice 3700] DEPARTMENT OF TRANSPORTATION Culturally Significant Objects Imported for Exhibition Determinations: Culturally Significant Objects Imported Federal Aviation Administration ‘‘Bernardo Bellotto and the Capitals of for Exhibition Determinations: ‘‘Gifts to Europe’’ the Tsars 1500—1700, Treasures from Proposed Advisory Circular 25.775–1X, the Kremlin’’ Windows and Windshields AGENCY: Department of State. ACTION: Notice. AGENCY: Department of State. AGENCY: Federal Aviation ACTION: Notice. Administration, DOT. SUMMARY: Notice is hereby given of the ACTION: Notice of Availability of following determinations: Pursuant to SUMMARY: Notice is hereby given of the Proposed Advisory Circular (AC) the authority vested in me by the Act of following determinations: Pursuant to 25.775–1X and request for comments. October 19, 1965 (79 Stat. 985, 22 U.S.C. the authority vested in me by the Act of 2459), the Foreign Affairs Reform and October 19, 1965 (79 Stat. 985, 22 U.S.C. SUMMARY: This notice announces the Restructuring Act of 1998 (112 Stat. 2459), the Foreign Affairs Reform and availability of and requests comments 2681, et seq.), Delegation of Authority Restructuring Act of 1998 (112 Stat. on a proposed advisory circular (AC) No. 234 of October 1, 1999, and 2681, et seq.), Delegation of Authority which provides methods acceptable to Delegation of Authority No. 236 of No. 234 of October 1, 1999, and the Administrator related to the October 19, 1999, as amended, I hereby Delegation of Authority No. 236 of certification requirements for windows, determine that the objects to be October 19, 1999, as amended, I hereby windshields, and mounting structures of included in the exhibition ‘‘Bernardo determine that the objects to be 14 CFR part 25 regarding the type Bellotto and the Capitals of Europe,’’ included in the exhibition ‘‘Gifts to the certification requirements for transport imported from abroad for the temporary Tsars 1500–1700, Treasures from the airplane structure. This notice is exhibition without profit within the Kremlin,’’ imported from abroad for the necessary to give all interested persons United States, are of cultural temporary exhibition without profit an opportunity to present their views on significance. These objects are imported within the United States, are of cultural the proposed AC. pursuant to a loan agreement with the significance. The objects are imported DATES: Comments must be received on foreign lenders. I also determine that the pursuant to loan agreements with the or before September 18, 2001. exhibition or display of the exhibit foreign lender. I also determine that the ADDRESSES: Send all comments on the objects at The Museum of Fine Arts, exhibition or display of the exhibit proposed AC to: Federal Aviation Houston from on or about July 29, 2001 objects at the Indianapolis Museum of Administration, Attention: Rich Yarges, to on or about October 21, 2001 is in the Art, Indianapolis, IN from on or about Airframe/Cabin Safety Branch, ANM– national interest. Public Notice of these September 23, 2001 to on or about 115, Transport Airplane Directorate, Determinations is ordered to be January 13, 2002, is in the national Aircraft Certification Service, 1601 Lind published in the Federal Register. interest. Public Notice of these Avenue SW, Renton, WA 98055–4056. FOR FURTHER INFORMATION CONTACT: For Determinations is ordered to be Comments may also be submitted further information, including the published in the Federal Register. electronically to the following address: exhibit objects, contact Jacqueline H. FOR FURTHER INFORMATION CONTACT: For [email protected]. Comments may be Caldwell, Attorney-Adviser, Office of further information, including a list of inspected at the above address between the Legal Adviser, U.S. Department of the exhibit objects, contact Paul W. 7:30 a.m. and 4 p.m. weekdays, except State (telephone: 202/619–6982). The Manning, Attorney-Adviser, Office of Federal holidays. address is U.S. Department of State, SA– the Legal Adviser, U.S. Department of FOR FURTHER INFORMATION CONTACT: Rich 44, 301 4th Street, SW., Room 700, State (telephone: 202/619–5997). The Yarges, Airframe/Cabin Safety Branch, Washington, DC 20547–0001. address is U.S. Department of State, SA– ANM–115, Transport Airplane
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Directorate, Aircraft Certification with the certification requirements for 3. On page 31745, column 3, in lines Service, 1601 Lind Avenue SW, Renton, windows, windshields, and mounting 18–19 under section 3. Allocation and WA 98055–4056; telephone (425) 227– structures. Guidance information is Auction of Reservations, remove the 2143; facsimile (425) 227–1320. provided for showing compliance with phrase ‘‘and AIR–21 slot exemptions’’. Questions may also be submitted that regulation. Other methods of Issued in Washington, DC on June 14, electronically to the following address: compliance with the requirements may 2001. [email protected]. be acceptable. Louise Maillett, SUPPLEMENTARY INFORMATION: Issued in Renton, Washington, on June 11, Acting Assitant Administrator for Policy, Comments Invited 2001. Planning, and International Aviation. Donald L. Riggin, [FR Doc. 01–15487 Filed 6–19–01; 8:45 am] You may obtain an electronic copy of Acting Manager, Transport Airplane BILLING CODE 4910–13–M the advisory circular identified in this Directorate, Aircraft Certification Service. notice at the following Internet address: [FR Doc. 01–15486 Filed 6–19–01; 8:45 am] www.faa.gov/avr/air/airhome.htm. If DEPARTMENT OF TRANSPORTATION you do not have access to the Internet, BILLING CODE 4910–13–P you may request a copy by contacting Federal Aviation Administration Susan Boylon, Standardization Branch, DEPARTMENT OF TRANSPORTATION ANM–113, FAA Transport Airplane RTCA Special Committee 189/ Directorate, Aircraft Certification Federal Aviation Administration EUROCAE Working Group 53: Air Service, 1601 Lind Avenue SW., Traffic Services (ATS) Safety and Renton, WA 98055–4056; telephone [Dockets No. FAA–2001–9852; No. FAA– Interoperability Requirements (425) 227–1152. 2001–9854] Interested persons are invited to AGENCY: Federal Aviation comment on the proposed AC by Notice of Alternative Policy Options for Administration (FAA), DOT. submitting such written data, views, or Managing Capacity at LaGuardia ACTION: Notice of RTCA Special arguments, as they may desire. Airport and Proposed Extension of the Committee 189/EUROCAE Working Commenters should identify AC Lottery Allocation; Correction Group 53 meeting. 25.775–1X, and submit comments, in AGENCY: Federal Aviation SUMMARY: The FAA is issuing this notice duplicate, to the address specified Administration (FAA), DOT. to advise the public of a meeting of above. The Transport Standards Staff ACTION: Request for comments on RTCA Special Committee 189/ will consider all communications alternative policy options for managing EUROCAE Working Group 53: Air received on or before the closing date capacity and mitigating congestion and Traffic Services (ATS) Safety and for comments before issuing the final delay at LaGuardia Airport (LGA) and Interoperability Requirements. AC. the proposed extension of the lottery DATES: The meeting will be held July Harmonization of Standards and allocation; Correction. 16–20, 2001 starting at 9 a.m. Guidance ADDRESSES: The meeting will be held at SUMMARY: This is a correction to an FAA The proposed AC is based on EUROCAE, 17, Rue Hamelin, 75116, notice that was published on June 12, recommendations submitted to the FAA Paris, France. 2001 (66 FR 31731). That notice by the Aviation Rulemaking Advisory FOR FURTHER INFORMATION CONTACT: (1) requested comments on the feasibility Committee (ARAC). The FAA tasked RTCA Secretariat, 1140 Connecticut and effectiveness of a limited number of ARAC (63 FR 50954, September 23, Avenue, NW., Washington, DC, 20036; demand management options that could 1998) to provide advice and telephone (202) 833–9339; fax (202) replace the current temporary recommendations on ‘‘harmonizing’’ 833–9434; web site http://www.rtca.org; administrative limits on the number of certain sections of part 25 (including (2) Mr. G. Sainthuile, France; telephone aircraft operations at LGA which are § 25.775) with the counterpart standards 01 45 05 72 27; fax 01 45 05 72 30; scheduled to expire on September 15, contained in Joint Aviation email: [email protected]. 2001. The reasons for this correction is Requirements (JAR) 25. The goal of SUPPLEMENTARY INFORMATION that the Port Authority of New York and : Pursuant ‘‘harmonization tasks,’’ such as this, is New Jersey is making a correction in to section 10(a)(2) of the Federal to ensure that: section 3 of the document that it Advisory Committee Act (P.L. 92–463, 5 1. Where possible, standards and submitted to the FAA, which was U.S.C., Appendix 2), notice is hereby guidance do not require domestic and attached as an appendix to the June 12, given for a Special Committee 189/ foreign parties to manufacture or 2001, Federal Register notice. EUROCAE Working Group 53 meeting. operate to different standards for each The agenda will include: country involved; and FOR FURTHER INFORMATION CONTACT: Rich 2. The standards and guidance Yarges, telephone (425) 227–2143. July 16 • adopted are mutually acceptable to the Correction Plenary Session (Welcome and FAA and the foreign aviation Introductory Remarks, Review/ authorities. In the Federal Register notice FR Doc. Approval of Meeting Agenda, Review/ 3. The guidance contained in the 01–14739, published on June 12, 2001 Approval of Meeting Minutes) proposed AC has been harmonized with (66 FR 31731), make the following • Sub-group and related reports; that of the JAA, and provides a method corrections: Position papers planned for plenary of compliance that has been found 1. On page 31737, column 2, in lines agreement; SC–189/WG–53 co-chair acceptable to both the FAA and JAA. 44–45 under section (2), A Potential progress report Auction Based Approach, remove the Discussion phrase ‘‘and AIR–21 slot exemptions’’. July 17–19 This proposed AC sets forth 2. On page 31737, column 3, in lines • PUB, Publications Integration Sub- acceptable methods of compliance with 2–3, remove the phrase ‘‘and AIR–21 group and Chair meetings the provisions of 14 CFR 25.775 dealing slot exemptions’’. • INTEROP, Interoperability sub-group
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• ICSPR, Initial Continental Safety and meeting. NOTE: WG–1, ‘‘Response,’’ will Advisory Committee Act (P.L. 92–463, 5 Performance Requirements Sub-group meet at RTCA June 29, 2001; WG–2, U.S.C., Appendix 2), notice is hereby • IOSPR, Initial Oceanic Safety and ‘‘Principles,’’ will meet at RTCA June given for a Special Committee 199 Performance Requirements Sub-group 26–27, 2001. The agenda will include: meeting. Note: Special Committee 199 is July 20 June 28 tasked to revise RTCA DO–230, Standards for Airport Security Access • • Opening Session (Welcome and Plenary Session (Welcome and Control Systems. In performing its Introductory Remarks, Review Introductory Remarks, Review/ duties, Special Committee 199 should: Approval of Meeting Agenda, Review/ Minutes of Previous Meeting, (1) Give special consideration to the Approval of Preliminary Meeting Introduction of Working Group Chairs new Federal Aviation Regulation (FAR) Minutes) and Secretaries). • Sub-group and related reports; • Review Position Papers for WG–1 and Parts 107 and 108. These FARs are Position papers planned for plenary Second Draft of WG–1 Response to scheduled for release in the near future. agreement; SC–189/WG–53 co-chair Chairman’s Report. (2) Consider the draft document entitled progress report and wrap-up • Review Position Papers for WG–2 and ‘‘Requirements Security Guidelines for Attendance is open to the interested Revised Draft of WG–2 Principles of Airport Planning, Design and public but limited to space availability. Operation. Construction.’’ An industry group • Working Groups Review Status of With the approval of the chairmen, prepared this document during the last Action Items. members of the public may present oral two years. (3) Consider all technical • Closing Session (Date and Place of statements at the meeting. Persons developments and advances made since Next Meeting). wishing to present statements or obtain the publication of DO–230, (4) Include information should contact the person Attendance is open to the interested consideration of operational and public but limited to space availability. listed in the FOR FURTHER INFORMATION implementation experience since the With the approval of the chairmen, CONTACT section. Members of the public publication of DO–230. The agenda will may present a written statement to the members of the public may present oral include: committee at any time. statements at the meeting. Persons wishing to present statements or obtain July 10 Issued in Washington, DC, on June 4, 2001. information should contact the person • Jane P. Caldwell, listed in the FOR FURTHER INFORMATION Opening Session (Welcome and Program Director, System Engineering CONTACT section. Members of the public Introductory Remarks, Agenda Resource Management. may present a written statement to the Overview, RTCA Functional [FR Doc. 01–15488 Filed 6–19–01; 8:45 am] committee at any time. Overview, Previous Committee History) BILLING CODE 4910–13–M Issued in Washington, DC, on June 4, 2001. • Jane P. Caldwell, Current Committee Scope, Terms of Reference Overview, Presentation, DEPARTMENT OF TRANSPORTATION Program Director, System Engineering Resource Management. Discussion, Recommendations Federal Aviation Administration [FR Doc. 01–15489 Filed 6–19–01; 8:45 am] • Organization of work, Assign Tasks BILLING CODE 4910–13–M and Workgroups, Presentation, RTCA Special Committee 198: Next- Discussion, Recommendations, Generation Air/Ground Assignment of Responsibilities Communications System (NEXCOM) DEPARTMENT OF TRANSPORTATION • Closing Session (Other Business, AGENCY: Federal Aviation Federal Aviation Administration Establish Agenda for Next Meeting, Administration (FAA), DOT. Date and Place of Next Meeting) RTCA Special Committee 199: Airport ACTION: Notice of RTCA Special Attendance is open to interested Security Access Control Systems Committee 198 meeting. public but limited to space availability. AGENCY: Federal Aviation With the approval of the chairmen, SUMMARY: The FAA is issuing this notice Administration (FAA), DOT. to advise the public of a meeting of members of the public may present oral RTCA Special Committee 198: Next- ACTION: Notice of RTCA Special statements at the meeting. Persons Generatiaon Air/Ground Committee 199 meeting. wishing to present statements or obtain information should contact the person Communications System (NEXCOM). SUMMARY: The FAA is issuing this notice listed in the FOR FURTHER INFORMATION DATES: The meeting will be held on June to advise the public of a meeting of CONTACT section. Members of the public 28, 2001, starting at 9:00 a.m. RTCA Special Committee 199: Airport may present a written statement to the ADDRESSES: The meeting will be held at Security Access Control Systems. committee at any time. RTCA Headquarters, 1140 Connecticut DATES: The meeting will be held on July Avenue, NW., Suite 1020, Washington, 10, 2001 from 1–5 pm. Issued in Washington, DC, on June 13, DC 20036. ADDRESSES: The meeting will be held at 2001. FOR FURTHER INFORMATION CONTACT: RTCA Headquarters, 1140 Connecticut Janice L. Peters, RTCA Secretariat, 1140 Connecticut Avenue, NW., Suite 1020, Washington, FAA Special Assistant, RTCA Advisory Avenue, NW., Washington, DC 20036; DC, 20036. Committee. telephone (202) 833–9339; fax (202) FOR FURTHER INFORMATION CONTACT: [FR Doc. 01–15490 Filed 6–19–01; 8:45 am] 833–9434; web site http://www.rtca.org. RTCA Secretariat, 1140 Connecticut BILLING CODE 4910–13–M SUPPLEMENTARY INFORMATION: Pursuant Avenue, NW., Washington, DC, 20036; to section 10(a)(2) of the Federal telephone (202) 833–9339; fax (202) Advisory Committee Act (P.L. 92–463, 5 833–9434; web site http://www.rtca.org. U.S.C., Appendix 2), notice is hereby SUPPLEMENTARY INFORMATION: Pursuant given for a Special Committee 198 to section 10(a)(2) of the Federal
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DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on June 13, Rehabilitate high intensity runway 2001. lights, runway 1/19, and taxiway Federal Aviation Administration Janice L. Peters, lights FAA Special Assistant, RTCA Advisory Reconstruct taxiway D RTCA Special Committee 196: Night Committee. Surface treatment, runway 1/19, with Vision Goggle (NVG) Appliances and [FR Doc. 01–15491 Filed 6–19–01; 8:45 am] paved shoulders, bituminous overlay Equipment BILLING CODE 4910–13–M of taxiways H and C, alert taxiway, AGENCY: Federal Aviation and holding apron (engineering only) Administration (FAA), DOT. Surface treat, runway 1/19, with paved DEPARTMENT OF TRANSPORTATION ACTION: Notice of RTCA Special shoulders; bituminous overlay of Committee 196 meeting. taxiways H and C, alter taxiway, and Federal Aviation Administration holding aprons SUMMARY: The FAA is issuing this notice Notice of Passenger Facility Charge Decision Date: May 8, 2001. to advise the public of a meeting of (PFC) Approvals and Disapprovals For Further Information Contact: Jon RTCA Special Committee 199: Night Gilbert, Detroit Airports District Office, Vision Goggle (NVG) Appliances and AGENCY: Federal Aviation (734) 487–7281. Equipment. Administration (FAA), DOT. 2. Public Agency: Texas A&M DATES: The meeting will be held July ACTION: Monthly Notice of the PFC University, College Station, Texas. 11–13, 2001, starting at 9 .am. Approvals and Disapprovals. In May Application Number: 01–04–C–00– ADDRESSES: The meeting will be held at 2001, there were five applications CLL. RTCA, Inc., 1140 Connecticut Avenue, approved. Additionally, eight approved Application Type: Impose and use a NW., Suite 1020, Washington, DC amendments to previously approved PFC. 20036. applications are listed. PFC Level: $4.50. Total PFC Revenue Approved in This FOR FURTHER INFORMATION CONTACT: SUMMARY: The FAA publishes a monthly Decision: $1,174,445. RTCA Secretariat, 1140 Connecticut notice, as appropriate, of PFC approvals Earliest Charge Effective Date: Avenue, NW., Washington, DC, 20036; and disapprovals under the provisions September 1, 2002. telephone (202) 833–9339; fax (202) of the Aviation Safety and Capacity Estimated Charge Expiration Date: 833–9434; web site http://www.rtca.org. Expansions Act of 1990 (Title IX of the November 1, 2005. SUPPLEMENTARY INFORMATION: Pursuant Omnibus Budget Reconciliation Act of Class of Air Carriers Not Required To to section 10(a)(2) of the Federal 1990) (Pub. L. 101–508) and Part 158 of Collect PFC’s: None. Advisory Committee Act (P.L. 92–463, 5 the Federal Aviation Regulations (14 Brief Description of Projects Approved U.S.C., Appendix 2), notice is hereby CFR Part 158). This notice is published for Collection and Use: given for a Special Committee 196 pursuant to paragraph d of § 158.29. Acquire two loading bridges meeting. The agenda will include: PFC Applications Approved Extend taxiway H July 11, 12, 13 1. Public Agency: County of Alpena, Conduct master plan study • Opening Session (Welcome and Alpena, Michigan. Security and access improvements Introductory Remarks, Agenda Application Number: 01–01–C–00– PFC administrative costs Overview, Approve Minutes of Previous APN. Decision Date: May 11, 2001. Meeting, Action Item Status Review). Application Type: Impose and use a For Further Information Contact: G. • Overview of SC–196 Working PFC. Thomas Wade, Southwest Region Group Activities. PFC Level: $3.00. Airports Division, (817) 222–5613. —Operational Concept/Requirements Total PFC Revenue Approved in This 3. Public Agency: Capital Region —Minimum Operational Performance Decision: $268,480. Airport Commission, Richmond, Standard (MOPS)—Night Vision Earliest Charge Effective Date: August Virginia. Imaging Systems Equipment 1, 2001. Application Number: 01–04–C–00– —Working Group 5 (Training Estimated Charge Expiration Date: RIC. Guidelines/Considerations) November 1, 2009. Application Type: Impose and use a Class of Air Carriers Not Required To • PFC. MOPS Final Comments and Collect PFC’s: None. PFC Level: $3.00. Review; MOPS Program Management Brief Description of Projects Approved Total PFC Revenue Approved in This Committee Comment/Review Process for Collection and Use: • Open Issue List Review Decision: $4,570,342. • Closing Session (Other Business, Taxiway hold line signs and radio Earliest Charge Effective Date: July 1, Training Working Group and Document control 2015. Runway 19 precision approach path Goals, Establish Agenda for Next Estimated Charge Expiration Date: indicator and runway end identifier Meeting, Date and Place of Next November 1, 2016. lights Class of Air Carriers Not Required To Meeting) Groove and mark runway 1/19 Attendance is open to the interested Rehabilitate runway 7/25 and medium Collect PFC’s: Part 135 on-demand air public but limited to space availability. intensity runway lighting taxi/commercial operators. With the approval of the chairmen, New field lighting and air traffic control Determination: Approved. Based on members of the public may present oral tower electrical modifications information contained in the public statements at the meeting. Persons Runway/taxiway signage and marking agency’s application, the FAA has wishing to present statements or obtain Rehabilitate and expand terminal apron determined that the proposed class information should contact the person Deer control fencing accounts for less than 1 percent of the listed in the FOR FURTHER INFORMATION Rehabilitate high intensity runway total annual enplanements at Richmond CONTACT section. Members of the public lights, runway 1/19, taxiway lights, International Airport. may present a written statement to the and reconstruct taxiway D Brief Description of Projects Approved committee at any time. (engineering only) for Collection and Use:
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Expand concourse C and apron total annual enplanements at Bert For Further Information Contact: Extend taxiway U Mooney Airport. David P. Gabbert, Helena Airports Repair/replace storm drain system Brief Description of Projects Approved District Office, (406) 449–5271. runway 2/20 for Collection and Use: 5. Public Agency: City and Bureau of Fluid collection, treatment, and Acquire snow removal equipment Juneau, Juneau, Alaska. recovery system Install security fence segment Application Number: 01–03–C–00– Refurbish existing concourse and Acquire passenger access lift JNU. terminal Pavement condition index survey, phase Application Type: Impose and use a Decision Date: May 17, 2001. 3 PFC. For Further Information Contact: Rehabilitate a portion of taxiway C and PFC Level: $4.50. Arthur Winder, Washington Airports a portion of taxiway D Total PFC Revenue Approved in This District Office, (703) 661–1363. Install distance-to-go signs and runway Decision: $310,551. 4. Public Agency: Bert Mooney end identifier lights on runway 11/29 Earliest Charge Effective Date: August Airport Authority, Butte, Montana. Brief Description of Project Approved 1, 2001. Application Number: 01–05–C–00– in Part for Collection and Use: Estimated Charge Expiration Date BTM. Airport vehicle radio replacement December 1, 2001. Application Type: Impose and use a program. Class of Air Carriers Not Required To PFC. Determination: Partially approved. A Collect PFC’s: None. PFC Level: $3.00. portion of this project is Airport Brief Description of Projects Approved Total PFC Revenue Approved in This Improvement Program (AIP) eligible in for Collection and Use: Runway safety Decision: $185,280. accordance with paragraph 560 of FAA area expansion, phase I. Runway safety Earliest Charge Effective Date: August Order 5100.38A, AIP Handbook area Environmental Impact Statement. 1, 2004. (October 24, 1989). However, that Recovery of PFC administrative costs. Estimated Charge Expiration Date: eligibility is limited to vehicles which Terminal roof and exterior wall January 1, 2006. are AIP eligible, specifically aircraft rehabilitation. Acquire aircraft rescue Class of Air Carriers Not Required To rescue and firefighting and snow and firefighting vehicle. Acquire land Collect PFC’s: On-demand non- removal equipment vehicles. In addition for noise compatibility within 65 day- scheduled air taxi/commercial to the eligible vehicles, the public night average sound level. agency proposed to install radios in operators. Decision Date: May 30, 2001. Determination: Approved. Based on maintenance vehicles that are not AIP For Further Information Contact: information contained in the public eligible. Consequently, the installation Debbie Roth, Alaska Region Airports agency’s application, the FAA has of radios in maintenance vehicles is not Division, (907) 271–5443. determined that the proposed class PFC eligible. accounts for less than 1 percent of the Decision Date: May 22, 2001. Amendments to PFC Approvals
Original Amended ap- Original esti- Amended esti- Amendment No., city, state Amendment ap- approved net proved net PFC mated charge mated charge proved date PFC revenue revenue exp. date exp. date
96–02–C–01–BOI Boise, ID ...... 05/04/01 $9,646,0900 $11,274,478 10/01/00 08/01/01 *98–01–C–01–KTN Ketchikan, AK ...... 05/11/01 6,419,400 6,644,400 02/01/18 04/01/18 *99–03–C–01–BOI Boise, ID ...... 05/14/01 75,631,748 75,631,748 08/01/16 04/01/13 *96–01–C–01–MYR Myrtle Beach, SC ...... 05/29/01 13,819,500 13,819,500 07/01/05 05/01/03 *97–02–C–01–MYR Myrtle Beach, SC ...... 05/29/01 14,121,635 14,121,635 07/01/10 01/01/08 *97–01–C–01–DHN Dothan, AL ...... 05/30/01 5,515,948 5,515,948 12/01/28 12/01/20 96–02–C–01–OTH North Bend, OR ...... 05/31/01 68,731 96,916 04/01/99 12/01/99 *99–04–C–01–OTH North Bend, OR ...... 05/31/01 103,610 164,500 12/01/03 05/01/03 (Note: The amendment denoted by an asterisk(*) include a change to the PFC level charged from $3.00 per enplaned passenger to $4.50 per enplaned passenger. For Ketchikan, AK, Boise, ID, Myrtle Beach, SC, Dothan, AL, and North Bend, OR, this change is effective on August 1, 2001.)
Issued in Washington, DC, on June 14, DEPARTMENT OF TRANSPORTATION the Federal Motor Vehicle Theft 2001. Prevention Standard. This petition is Eric Gabler, National Highway Traffic Safety granted because the agency has Manager, Passenger Facility Charge Branch. Administration determined that the antitheft device to [FR Doc. 01–15492 Filed 6–19–01; 8:45 am] be placed on the line as standard Petition for Exemption From the equipment is likely to be as effective in BILLING CODE 4910–13–M Federal Motor Vehicle Theft Prevention reducing and deterring motor vehicle Standard; General Motors theft as compliance with the parts- AGENCY: National Highway Traffic marking requirements of the Theft Safety Administration (NHTSA), Prevention Standard. Department of Transportation (DOT). DATES: The exemption granted by this ACTION: Grant of petition for exemption. notice is effective beginning with model year (MY) 2003. SUMMARY: This document grants in full the petition of General Motors FOR FURTHER INFORMATION CONTACT: Ms. Corporation (GM) for an exemption of a Rosalind Proctor, Office of Planning and high-theft line, the Pontiac Grand Prix, Consumer Programs, NHTSA, 200 from the parts-marking requirements of Seventh Street, SW., Washington, DC
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20590. Ms. Proctor’s telephone number vehicle line. GM stated that the PASS- GM stated that its PASS-Key III device is (202) 366–0846. Her fax number is Key III device provides the same kind of will provide protection against (202) 493–2290. functionality as the PASS-Key and unauthorized use of the vehicle. The SUPPLEMENTARY INFORMATION: In a PASS-Key II devices, which have been device is activated when the owner/ petition dated February 22, 2001, the basis for exemptions previously operator turns off the ignition of the General Motors Corporation (GM), granted to GM. However, the PASS-Key vehicle and removes the key. According requested an exemption from the parts- III device uses more advanced to GM, no other intentional action is marking requirements of the Theft technology than the PASS-Key II device necessary to achieve protection of the Prevention Standard (49 CFR part 541) and provides new features and vehicle other than removing the key for the Pontiac Grand Prix vehicle line refinements. from the ignition. The PASS-Key III is beginning with MY 2003. GM compared the PASS-Key III designed to be active at all times The petition is pursuant to 49 CFR device proposed for the Pontiac Grand without direct intervention by the part 543, Exemption From Vehicle Theft Prix line with its first generation PASS- operator. Visible or audible reminders Prevention Standard, which provides Key device, which the agency has beyond the key warning buzzer will not for exemptions based on the installation determined to be as effective in be provided. of an antitheft device as standard reducing and deterring motor vehicle GM stated that the theft rates, as equipment on a vehicle line. theft as would compliance with the reported by the National Crime Section 33106(b)(2)(D) of Title 49, parts-marking requirements. The PASS- Information Center, are lower for GM Key III device utilizes a special ignition models equipped with PASS-Key United States Code, authorized the key and decoder module. The devices which have been granted Secretary of Transportation to grant an conventional mechanical key unlocks exemptions from the parts-marking exemption from the parts marking and releases the transmission lever. requirements than theft rates for similar, requirements for not more than one Before the vehicle can be operated, the earlier models that have been parts- additional line of a manufacturer for key’s electrical code must be sensed by marked. Therefore, GM concludes that MYs 1997–2000. However, it does not the key cylinder and properly decoded the PASS-Key-like devices are more address the contingency of what to do by the decoder module. effective in deterring motor vehicle theft after model year 2000 in the absence of Specifically, the PASS-Key III device than the parts-marking requirements of a decision under section 33103(d). 49 uses a transponder embedded in the 49 CFR part 541. U.S.C. 33103(d)(3) states that the head of the key which is excited by a Further, GM states that the PASS-Key number of lines for which the agency coil surrounding the key cylinder. The III device has been designed to can grant an exemption is to be decided transponder in the key then emits a significantly enhance the functionality after the Attorney General completes a modulated signal at a specified radio and theft protection provided by earlier review of the effectiveness of antitheft frequency. The identity of the key is a generations of PASS-Key devices. Based devices and finds that antitheft devices unique code within the modulated on the performance of PASS-Key and are an effective substitute for parts signal. The key cylinder coil receives PASS-Key II devices on other GM marking. The Attorney General has not and sends the modulated signal to the models, and the advanced technology yet made a finding and has not decided decoder. When the decoder module utilized in the PASS-Key III device, GM the number of lines, if any, for which recognizes a valid key code, it sends a believes that the PASS-Key III device the agency will be authorized to grant encoded message to the Powertrain will be more effective in deterring theft an exemption. Upon consulting with the Control Module (PCM) to enable fuel than the parts-marking requirements of Department of Justice, we determined flow and starter operation. If an invalid 49 CFR Part 541. that the appropriate reading of section key is detected, the PASS-Key III GM also stated that as with previous 33103(d) is that the National Highway decoder module will transmit a different PASS-Key devices, the PASS-Key III Traffic Safety Administration (NHTSA) password to the PCM to disable fuel device will not provide any visible or may continue to grant parts-marking flow and starter operation. audible indication of unauthorized exemptions for not more than one The PASS-Key III device has the entry. However, based on comparison of additional model line each year, as potential for over four trillion unique the reduction in theft rates of Chevrolet specified for model years 1997–2000 by electrical key codes. GM believes that Corvettes using a passive antitheft 49 U.S.C. 33106(b)(2)(C). This is the the sheer volume of these codes is a device and an audible/visible alarm level contemplated by the Act for the highly effective deterrent to the with the reduction in theft rates for the period before the Attorney General’s common intruder. The PASS-Key III Chevrolet Camaro and Pontiac Firebird decision. The final decision on whether device is designed to shut down for models equipped with a passive to continue granting exemptions will be three to four minutes if an invalid key antitheft device without an alarm, GM made by the Attorney General at the is detected, preventing further attempts believes that an alarm or similar conclusion of the review pursuant to to start the vehicle during that attention attracting device is not section 330103(d)(3). shutdown. necessary and does not compromise the GM’s submission is considered a GM states that the design and antitheft performance of their systems. complete petition as required by 49 CFR assembly process of the PASS-Key III The agency notes that the reason that 543.7, in that it met the general device and components are validated for the vehicle lines whose theft data GM requirements contained in § 543.5 and a vehicle life of 10 years and 150,000 cites in support of its petition received the specific content requirements of miles of performance. In order to ensure only a partial exemption from parts- § 543.6. the reliability and durability of the marking was that the agency did not In its petition, GM provided a detailed device, GM conducted tests, based on its believe that the antitheft devices on description and diagram of the identity, own specified standards. GM provided these vehicles (PASS-Key and PASS- design, and location of the components a detailed list of the tests conducted. Key II) by itself would be as effective as of the antitheft device for that vehicle GM stated its belief that the device is parts-marking in deterring theft because line. GM will install its PASS-Key III reliable and durable since it complied it lacked an alarm system. On that basis, antitheft device as standard equipment with the specified requirements for each it decided to require GM to mark the on its MY 2003 Pontiac Grand Prix test. vehicle’s most interchangeable parts
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(the engine and transmission), as a As required by 49 U.S.C. 33106 and Issued on: June 14, 2001. supplement to the antitheft device. Like 49 CFR 543.6(a)(4) and (5), the agency Stephen R. Kratzke, those earlier antitheft devices GM used, finds that GM has provided adequate Associate Administrator for Safety the device on which this petition is reasons for its belief that the antitheft Performance Standards. based also lacks an alarm system. device will reduce and deter theft. This [FR Doc. 01–15493 Filed 6–19–01; 8:45 am] Accordingly, it cannot perform one of conclusion is based on the information BILLING CODE 4910–59–M the functions listed in 49 CFR part GM provided about its antitheft device, 543.6(a)(3), that is, it cannot call some of which includes confidential attention to unauthorized attempts to information describing reliability and DEPARTMENT OF THE TREASURY enter or move the vehicle. functional tests conducted by GM for After deciding those petitions, the antitheft device and its components. Submission for OMB Review; however, the agency obtained theft data GM requested confidential treatment for Comment Request that show declining theft rates for GM some of the information and vehicles equipped with either version of June 12, 2001. attachments submitted in support of its the PASS-Key device. Based on that The Department of the Treasury has position. In a letter to GM dated March data, it concluded that the lack of a submitted the following public 22, 2001, the agency granted the visible or audible alarm had not information collection requirement(s) to prevented the antitheft device from petitioner’s request for confidential OMB for review and clearance under the being effective protection against theft treatment of these materials. Paperwork Reduction Act of 1995, and granted two GM petitions for full For the foregoing reasons, the agency Public Law 104–13. Copies of the exemptions for four car lines equipped hereby grants in full GM’s petition for submission(s) may be obtained by with the PASS-Key II device. The exemption for the MY 2003 Pontiac calling the Treasury Bureau Clearance agency granted in full the petition for Grand Prix vehicle line from the parts- Officer listed. Comments regarding this the Buick Riviera and Oldsmobile marking requirements of 49 CFR part information collection should be Aurora car lines beginning with model 541. addressed to the OMB reviewer listed year 1995, (see 58 FR 44872, August 25, and to the Treasury Department 1993), and the Chevrolet Lumina If GM decides not to use the exemption for this line, it must notify Clearance Officer, Department of the (Lumina/Monte Carlo) and Buick Regal Treasury, Room 2110, 1425 New York the agency formally, and thereafter must car lines beginning with model year Avenue, NW., Washington, DC 20220. 1996, (see 60 FR 25938, May 15, 1995). mark the line fully as required by 49 DATES: Written comments should be In those instances, the agency CFR 541.5 and 541.6 (marking of major received on or before July 20, 2001 to be concluded that a full exemption was component parts and replacement assured of consideration. warranted because PASS-Key II had parts). shown itself as likely as parts-marking NHTSA notes that if GM wishes in the Departmental Offices/Office of to be effective protection against theft future to modify the device on which Financial Institutions Policy despite the absence of a visible or this exemption is based, the company OMB Number: 1505–0179. audible alarm. may have to submit a petition to modify Form Number: None. The agency concludes that, given the the exemption. § 543.7(d) states that a Type of Review: Extension. similarities between the PASS-Key III part 543 exemption applies only to Title: Financial Subsidiaries (Interim device and the earlier PASS-Key devices vehicles that belong to a line exempted Final Rule). (PASS-Key and PASS-Key II), it is reasonable to assume that PASS-Key III under this part and equipped with the Description: Pursuant to Section device, like those devices, will be as antitheft device on which the line’s 5136A(b)(3) of the Revised Statutes, the effective as parts-marking in deterring exemption is based. Further interim rule finds three general types of theft. The agency believes that the § 543.9(c)(2) provides for the submission activities to be financial in nature, and device will provide the other types of of petitions ‘‘to modify an exemption to creates a mechanism by which national performance listed in 49 CFR permit the use of an antitheft device banks or others may request that the 543.6(a)(3): promoting activation; similar to but differing from the one Secretary define particular activities preventing defeat or circumvention of specified in that exemption.’’ within one of the three categories. Respondents: Business or other for- the device by unauthorized persons; The agency did not intend in drafting profit. preventing operation of the vehicle by part 543 to require the submission of a unauthorized entrants; and ensuring the Estimated Number of Respondents: 5. modification petition for every change Estimated Burden Hours Per reliability and durability of the device. to the components or design of an NHTSA has also granted for four Respondent: 20 hours. antitheft device. The significance of Frequency of Response: On occasion. petitions for modification of an many such changes could be de exemption in full for seven car lines Estimated Total Reporting Burden: minimis. The agency wishes to 100 hours. which have the ‘‘PASS-Key III’’ device minimize the administrative burden as standard equipment. Those lines are OMB Number: 1505–0182. which § 543.9(c)(2) could place on the Buick Park Avenue (see 61 FR Form Number: None. exempted vehicle manufacturers and 25734, May 22, 1996) beginning with Type of Review: Extension. itself. Therefore, NHTSA suggests that if the 1997 model year, the Cadillac Title: Merchant Banking Investments. the manufacturer contemplates making Seville (see 62 FR 20058, April 24, Description: The rule requires 1997) beginning with the 1998 model any changes the effects of which might financial holding companies engaged in year, the Cadillac DeVille, Pontiac be characterized by de minimis, it merchant banking activities to have and Bonneville, Buick LeSabre and should consult the agency before maintain certain policies, procedures, Oldsmobile Aurora (see 64 FR 29736, preparing and submitting a petition to records and systems to monitor and June 2, 1999) and the Chevrolet Venture modify. manage such activities and the risks (see 66 FR 24179, May 11, 2001) Authority: 49 U.S.C. 33106; delegation of associated with such activities in a safe beginning with the 2002 model year. authority at 49 CFR 1.50. and sound manner.
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Respondents: Business or other for- Frequency of Response: On occasion. taxes. These records are needed to profit. Estimated Total Reporting Burden: ensure compliance with the Code. Estimated Number of Recordkeepers: 2,750 hours. Respondents: Business or other for- 450. Clearance Officer: J. Edgar Nichols profit, Individuals or households, Not- Estimated Burden Hours Per (202) 927–1426 or, Tracey Denning for-profit institutions, Farms, Federal Recordkeeper: 50 hours. (202) 927–1429,U.S. Customs Government, State, Local or Tribal Frequency of Response: On occasion. Service,Information Services Government. Estimated Total Recordkeeping Branch,Ronald Reagan Building, 1300 Estimated Number of Recordkeepers: Burden: 22,500 hours. Pennsylvania Avenue, NW.,Room 5,676,263. Clearance Officer: Lois K. Holland 3.2.C,Washington, DC 20229. Estimated Burden Hours Per (202) 622–1563, Departmental Offices, OMB Reviewer: Alexander T. Hunt Recordkeeper: 5 hours, 20 minutes. Room 2110, 1425 New York Avenue, (202) 395–7860,Office of Management Estimated Total Recordkeeping NW, Washington, DC 20220. and Budget,Room 10202, New Executive Burden: 30,273,950 hours. OMB Reviewer: Alexander T. Hunt Office Building,Washington, DC 20503. OMB Number: 1545–0800. (202) 395–7860, Office of Management Lois K. Holland, Regulation Project Number: Reg. and Budget, Room 10202, New 601.601. Departmental Reports Management Officer. Executive Office Building, Washington, Type of Review: Extension. DC 20503. [FR Doc. 01–15533 Filed 6–19–01; 8:45 am] Title: Rules and Regulations. BILLING CODE 4820–02–P Lois K. Holland, Description: Persons wishing to speak at a public hearing on a proposed rule Departmental Reports Management Officer. DEPARTMENT OF THE TREASURY must submit written comments and an [FR Doc. 01–15532 Filed 6–19–01; 8:45 am] outline within prescribed time limits, BILLING CODE 4810–25–P Submission for OMB Review; for use in preparing agendas and Comment Request allocating time. Persons interested in DEPARTMENT OF THE TREASURY the issuance, amendment, or repeal of a June 13, 2001. rule may submit a petition for this. IRS Submission for OMB Review; The Department of the Treasury has considers the petitions in its Comment Request submitted the following public deliberations. information collection requirement(s) to Respondents: Business or other for- June 12, 2001. OMB for review and clearance under the profit, Individuals or households, Not- The Department of the Treasury has Paperwork Reduction Act of 1995, for-profit institutions, Farms, Federal submitted the following public Public Law 104–13. Copies of the Government, State, Local or Tribal information collection requirement(s) to submission(s) may be obtained by Government. OMB for review and clearance under the calling the Treasury Bureau Clearance Estimated Number of Respondents: Paperwork Reduction Act of 1995, Officer listed. Comments regarding this 600. Public Law 104–13. Copies of the information collection should be Estimated Burden Hours Per submission(s) may be obtained by addressed to the OMB reviewer listed Respondent: 1 hour, 30 minutes. calling the Treasury Bureau Clearance and to the Treasury Department Frequency of Response: On occasion. Officer listed. Comments regarding this Clearance Officer, Department of the Estimated Total Reporting Burden: information collection should be Treasury, Room 2110, 1425 New York 900 hours. addressed to the OMB reviewer listed Avenue, NW., Washington, DC 20220. OMB Number: 1545–0807. and to the Treasury Department DATES: Written comments should be Regulation Project Number: LR 2013 Clearance Officer, Department of the received on or before July 20, 2001 to be (TD 7533) Final and EE–155–78 (TD Treasury, Room 2110, 1425 New York assured of consideration. 7896) Final. Avenue, NW., Washington, DC 20220. Type of Review: Extension. Internal Revenue Service (IRS) DATES: Written comments should be Title: Disc Rules on Procedures and received on or before July 20, 2001 to be OMB Number: 1545–0798. Administration; Rules on Export Trade assured of consideration. Regulation Project Number: 26 CFR Corporations (LR 2013); and Income 31.6001. From Trade Shows (EE–155–78). U.S. Customs Service (CUS) Type of Review: Extension. Description: Section 1.6071–1(b) OMB Number: 1515–0206. Title: 26 CFR 31.6001–1 Records in requires that when a taxpayer files a late Form Number: None. General; 26 CFR 31.6001–2 Additional return for a short period, proof of Type of Review: Extension. Records under FICA; 26 CFR 31.6001– unusual circumstances for late filing Title: Voluntary Customer Information 3 Additional Records Under Railroad must be given to the District Director. Surveys in Support of Executive Order Retirement Tax Act; 26 CFR 31.6001–5 Sections 1.6072 (b), (c), (d), and (e) of 12862. Additional Records in Connection with the Internal Revenue Code (IRC) deals Description: These voluntary Collection of Income Tax at Source on with the filing dates of certain corporate customer surveys are used to implement Wages; 26 CFR 31.6001–6 Notice by returns. Regulation section 1.6072–2 E.O. 12862 by obtaining quantitative District Director Requiring Returns, provides additional information customer data for the purpose of Statements, or the Keeping of Records. concerning these filing dates. The evaluating customer satisfaction. Description: Internal Revenue Code information is used to insure timely Respondents: Business or other for- (IRC) section 6001 requires, in part, that filing of corporate income tax returns. profit, Individuals or households, Not- every person liable for tax, or for the Respondents: Business or other for- for-profit institutions. collection of that tax keep such records profit, Individuals or households, Not- Estimated Number of Respondents: and comply with such rules and for-profit institutions, Farms, State, 6,500. regulations as the Secretary may from Local or Tribal Government. Estimated Burden Hours Per time to time prescribe. 26 CFR 31.6001 Estimated Number of Respondents: Respondent: 25 minutes. has special application to employment 12,417.
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Estimated Burden Hours Per to which immediate interim guidance Executive Office Building, Washington, Respondent: 15 minutes. on the time and manner of making the DC 20503. Frequency of Response: On occasion. elections is necessary. These regulations Lois K. Holland, Estimated Total Reporting Burden: enable taxpayers to take advantage of 3,104 hours. the benefits of various Code provisions. Departmental Reports Management Officer. OMB Number: 1545–0834. Respondents: Individuals or [FR Doc. 01–15534 Filed 6–19–01; 8:45 am] Form Number: None. households, Business or other for-profit, BILLING CODE 4830–01–P Type of Review: Extension. Not-for-profit institutions, Farms, State, Title: Regulations under Tax Local or Tribal Government. Conventions—Ireland. Estimated Number of Respondents: DEPARTMENT OF THE TREASURY Description: This information is 24,305. Submission for OMB Review; needed to secure for individuals and Estimated Burden Hours Per businesses the benefits to which they Respondent: 17 minutes. Comment Request are entitled under the tax convention Frequency of Response: On occasion. and to facilitate the administration and Estimated Total Reporting Burden: June 13, 2001 enforcement of the tax laws of the 6,712 hours. The Department of the Treasury has United States. OMB Number: 1545–1156. submitted the following public Respondents: Business or other for- Regulation Project Number: Reg. information collection requirement(s) to profit, Individuals or households. 1.6001–1. OMB for review and clearance under the Estimated Number of Respondents: Type of Review: Extension. Paperwork Reduction Act of 1995, 20. Title: Records. Public Law 104–13. Copies of the Estimated Burden Hours Per Description: Internal Revenue Code submission(s) may be obtained by Respondent: 15 minutes. section 6001 requires, in part, that every calling the Treasury Bureau Clearance Frequency of Response: On occasion. person liable for tax, or for the Officer listed. Comments regarding this Estimated Total Reporting Burden: 5 collection of that tax, keep such records information collection should be hours. and comply with such rules and addressed to the OMB reviewer listed OMB Number: 1545–0930. regulations as the Secretary may from and to the Treasury Department Form Number: IRS Form 8396. time to time prescribe. These records are Clearance Officer, Department of the Type of Review: Extension. needed to ensure proper compliance Treasury, Room 2110, 1425 New York Title: Mortgage Interest Credit. with the Code. Avenue, NW., Washington, DC 20220. Description: Form 8396 is used by Respondents: Individuals or Dates: Written comments should be individual taxpayers to claim a credit households, Business or other for-profit, received on or before July 20, 2001 to be against their tax for a portion of the Not-for-profit institutions, Farms, assured of consideration. interest paid on a home mortgage in Federal Government, State, Local or Internal Revenue Service (IRS) connection with a qualified mortgage Tribal Government. credit certificate. Internal Revenue Code Estimated Number of Recordkeepers: OMB Number: 1545–0026. (IRC) section 25 allows the credit and 1. Form Number: IRS Form 926. Type of Review: Revision. IRC section 163(g) provides that the Estimated Burden Hours Per Title: Return by a U.S. Transferor of interest deduction on Schedule A will Recordkeeper: 1 hour. Property to a Foreign Corporation. be reduced by the credit. Estimated Total Recordkeeping Description: U.S. persons file Form Respondents: Individuals or Burden: 1 hour. households. 926 to report the transfer of property to OMB Number: 1545–1600. a foreign corporation and to report Estimated Number of Respondents/ Regulation Project Number: REG– Recordkeepers: 30,000. information required by section 367. 251703–96 Final. The IRS uses Form 926 to determine if Estimated Burden Hours Per Type of Review: Revision. Respondent/Recordkeeper: the gain, if any, must be recognized by Title: Residence of Trusts and the U.S. person. Estates—7701. Minutes Respondents: Business or other for- Description: This regulation provides profit, Individuals or households. Recordkeeping ...... 46 the procedure and requirements for Estimated Number of Respondents/ Learning about the law or the form 5 making the election to remain a Recordkeepers: 1,000. Preparing the form ...... 28 domestic trust. Estimated Burden Hours Per Copying, assembling, and sending Respondents: Individuals or Respondent/Recordkeeper: the form to the IRS ...... 14 households. Recordkeeping: 6 hr., 13 min. Estimated Number of Respondents: Learning about the law or the form: 4 Frequency of Response: Annually. 222. hr., 4 min. Estimated Total Reporting/ Estimated Burden Hours Per Preparing and sending the form to the Recordkeeping Burden: 46,500 hours. Respondent: 31 minutes. IRS: 4 hr., 21 min. OMB Number: 1545–1112. Frequency of Response: Other (one- Frequency of Response: On occasion. Regulation Project Number: IA–96–88 time). Estimated Total Reporting/ Final. Estimated Total Reporting Burden: Recordkeeping Burden: 14,640 hours. Type of Review: Extension. 114 hours. OMB Number: 1545–0067. Title: Certain Elections Under the Clearance Officer: Garrick Shear, Form Number: IRS Form 2555. Technical and Miscellaneous Revenue Internal Revenue Service, Room 5244, Type of Review: Extension. Act of 1988 and the Redesignation of 1111 Constitution Avenue, NW, Title: Foreign Earned Income. Certain Other Temporary Elections Washington, DC 20224. Description: Form 2555 is used by Regulations. OMB Reviewer: Alexander T. Hunt U.S. citizens and resident aliens who Description: These regulations (202) 395–7860, Office of Management qualify for the foreign earned income establish various elections with respect and Budget, Room 10202, New exclusion and/or the foreign housing
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exclusion or deduction. This Preparing and sending the form to the OMB Number: 1545–0814. information is used by the Service to IRS: 9 hr., 37 min. Regulation Project Number: EE–44–78 determine if a taxpayer qualifies for the Frequency of Response: Annually. Final. exclusion(s) or deduction. Estimated Total Reporting/ Type of Review: Extension. Respondents: Individuals or Recordkeeping Burden: 312,844 hours. Title: Cooperative Hospital Service Organizations. households. OMB Number: 1545–0597. Estimated Number of Respondents/ Description: This regulation Form Number: IRS Form 4598. establishes the rules for cooperative Recordkeepers: 286,955. Type of Review: Revision. Estimated Burden Hours Per hospital service organizations which Title: Form W–2 or 1099 Not Received seek tax-exempt status under section Respondent/Recordkeeper: or Incorrect. Recordkeeping: 1 hr., 52 min. 501(e) of the Internal Revenue Code. Description: Employers and/or payers Such an organization must keep records Learning about the law or the form: 26 are required to furnish Forms W–2 or min. in order to show its cooperative nature 1099 to employees and other payees. and to establish compliance with other Preparing the form: 1 hr., 47 min. This three part form is necessary for the Copying, assembling, and sending the requirements in section 501(c). resolution of taxpayers complaints Respondents: Not-for-profit form to the IRS: 49 min. concerning the non-receipt of or institutions. Frequency of Response: Annually. incorrect Forms W–2 or 1099. Estimated Number of Recordkeepers: Estimated Total Reporting/ Respondents: Individuals or 1. Recordkeeping Burden: 1,403,210 hours. households, Business or other for-profit, Estimated Burden Hours Per OMB Number: 1545–0409. Farms, Federal Government, State, Local Recordkeeper: 1 hour. Form Number: IRS Forms 211 and or Tribal Government. Estimated Total Recordkeeping 211(SP). Estimated Number of Respondents: Burden: 1 hour. Type of Review: Revision. 850,000. OMB Number: 1545–0820. Title: Application for Reward for Estimated Burden Hours Per Regulation Project Number: EE–86–88 Original Information (211); and Respondent: 15 minutes. NPRM (Previously LR–279–81). Solicitud de Recompensa por Frequency of Response: On occasion. Type of Review: Extension. Informacion Original (Spanish Version) Estimated Total Reporting Burden: Title: Incentive Stock Options. (211(SP). 212,500 hours. Description: The affected public Description: Forms 211 and 211(SP) OMB Number: 1545–0747. includes corporations that transfer stock are the official forms used by persons Form Number: IRS Form 5498. to employees after 1979 pursuant to the requesting rewards for submitting Type of Review: Extension. exercise of a statutory stock option. The information concerning alleged Title: IRA Contribution Information. corporation must furnish the employee violations of the tax laws by other Description: Form 5498 is used by receiving the stock with a written persons. Such rewards are authorized by trustees and issuers to report statement describing the transfer. The Internal Revenue Code (IRC) 7623. The contributions to, and the fair market statement will assist the employee in data is used to determine and pay value of, an individual retirement filing their tax return. rewards to those persons who arrangement. Respondents: Business or other for- voluntarily submit information. Respondents: Business or other for- profit. Respondents: Individuals or profit. Estimated Number of Respondents: households. Estimated Number of Respondents/ 50,000. Estimated Number of Respondents: Recordkeepers: 81,208,141. Estimated Burden Hours Per 11,200. Estimated Burden Hours Per Respondent: 20 minutes. Estimated Burden Hours Per Respondent/Recordkeeper: 12 minutes. Estimated Total Reporting Burden: Respondent: 15 minutes for each form. Frequency of Response: Annually. 16,650 hours. Frequency of Response: On occasion. Estimated Total Reporting/ OMB Number: 1545–0997. Estimated Total Reporting Burden: Recordkeeping Burden: 16,241,629 Form Number: IRS Form 1099–S. 2,800 hours. hours. Type of Review: Extension. Title: Proceeds From Real Estate OMB Number: 1545–0575. OMB Number: 1545–0796. Transactions. Form Number: IRS Form 5330. Form Number: IRS Form 6524. Description: Form 1099–S is used by Type of Review: Extension. Type of Review: Extension. the real estate reporting person to report Title: Return of Excise Taxes Related Title: Office of Chief Counsel— proceeds from a real estate transaction to Employee Benefit Plans. Application. to the IRS. Description: Code section 4971, 4972, Description: The Chief Counsel Respondents: Individuals or 4973(a)(3), 4975, 4976, 4977, 4978, Application form provides data we households, Business or other for-profit. 4978A, 4978B, 4979, 4979A and 4980 deem critical for evaluating an attorney Estimated Number of Respondents/ impose various excise taxes in applicants qualifications such as LSAT Recordkeepers: 75,000. connection with employee benefit score, bar admission status, type of work Estimated Burden Hours Per plans. Form 5330 is used to compute preference, law school, class standing. Respondent/Recordkeepers: 8 minutes. and collect these taxes. OF–306 does not provide this Frequency of Response: Annually. Respondents: Individuals or information. Estimated Total Reporting/ households, Business or other for-profit. Respondents: Individuals or Recordkeeping Burden: 510,456 hours. Estimated Number of Respondents/ households. OMB Number: 1545–1153. Recordkeepers: 8,403. Estimated Number of Respondents: Regulation Project Number: PS–73–89 Estimated Burden Hours Per 3,000. (TD 8370) Final. Respondent/Recordkeeper: Estimated Burden Hours Per Type of Review: Extension. Recordkeeping: 18 hr., 39 min. Respondent: 18 minutes. Title: Excise Tax on Chemicals That Learning about the law or the form: 8 Estimated Total Reporting Burden: Deplete the Ozone Layer and on hr., 56 min. 900 hour. Products Containing Such Chemicals.
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Description: Section 4681 imposes a SUMMARY: The Department of the comments will become a matter of tax on ozone-depleting chemicals sold Treasury, as part of its continuing effort public record. Comments are invited on: or used by a manufacturer or importer to reduce paperwork and respondent (a) Whether the collection of thereof. A floor stocks tax is also burden, invites the general public and information is necessary for the proper imposed. This regulation provides other Federal agencies to take this performance of the functions of the reporting and recordkeeping rules. opportunity to comment on proposed agency, including whether the Respondents: Business or other for- and/or continuing information information shall have practical utility; profit. collections, as required by the (b) the accuracy of the agency’s estimate Estimated Number of Respondents/ Paperwork Reduction Act of 1995, of the burden of the collection of Recordkeepers: 150,316. Public Law 104–13 (44 U.S.C. information; (c) ways to enhance the Estimated Burden Hours Per 3506(c)(2)(A)). Currently, the Bureau of quality, utility, and clarity of the Respondent/Recordkeeper: 30 minutes. Alcohol, Tobacco and Firearms within information to be collected; (d) ways to Estimated Total Reporting/ the Department of the Treasury is minimize the burden of the collection of Recordkeeping Burden: 75,142 hours. soliciting comments concerning the Tax information on respondents, including OMB Number: 1545–1622. Deferral Bond—Distilled Spirits (Puerto through the use of automated collection Form Number: IRS Form 8866. Rico). techniques or other forms of information Type of Review: Extension. technology; and (e) estimates of capital Title: Interest Computation Under the DATES: Written comments should be or start-up costs and costs of operation, Look-Back Method for Property received on or before August 20, 2001 maintenance, and purchases of services Depreciated Under the Income Forecast to be assured of consideration. to provide information. Method. ADDRESSES: Direct all written comments Description: Taxpayers depreciating to Bureau of Alcohol, Tobacco and Dated: June 12, 2001. property under the income forecast Firearms, Linda Barnes, 650 William T. Earle, method and placed in service after Massachusetts Avenue, NW., Assistant Director (Management) CFO. September 13, 1995, must use Form Washington, DC 20226 (202) 927–8930. [FR Doc. 01–15494 Filed 6–19–01; 8:45 am] 8866 to compute and report interest due FOR FURTHER INFORMATION CONTACT: BILLING CODE 4810–31–P or to be refunded under IRC 167(g)(2). Requests for additional information or The IRS uses Form 8866 to determine if copies of the form(s) and instructions the interest has been figured correctly. should be directed to Marjorie Ruhf, DEPARTMENT OF THE TREASURY Respondents: Individuals or Regulations Division, 650 Massachusetts households, Business or other for-profit. Avenue, NW., Washington, DC 20226 Bureau of Alcohol, Tobacco and Estimated Number of Respondents/ (202) 927–8202. Firearms Recordkeepers: 5,000. SUPPLEMENTARY INFORMATION: Proposed Collection; Comment Estimated Burden Hours Per Title: Tax Deferral Bond—Distilled Request Respondent/Recordkeeper: Spirits (Puerto Rico). Recordkeeping: 9 hr., 34 min. OMB Number: 1512–0209. Learning about the law or the form: 1 Form Number: ATF F 5110.50. ACTION: Notice and request for hr., 5 min. Abstract: A manufacturer who ships comments. Preparing, copying, assembling, and distilled spirits from Puerto Rico to the sending the form to the IRS: 1 hr., 18 U.S. may either choose to pay the tax SUMMARY: The Department of the min. prior to shipment or file a bond and Treasury, as part of its continuing effort Frequency of Response: Annually. defer payment of taxes. ATF F 5110.50 to reduce paperwork and respondent Estimated Total Reporting/ is the bond form which a manufacturer burden, invites the general public and Recordkeeping Burden: 59,800 hours. in Puerto Rico must file if such other Federal agencies to take this Clearance Officer: Garrick Shear, manufacturer elects to defer the taxes opportunity to comment on proposed Internal Revenue Service, Room 5244, for payment on a semi-monthly tax and/or continuing information 1111 Constitution Avenue, NW., return system. The form may be collections, as required by the Washington, DC 20224. Paperwork Reduction Act of 1995, OMB Reviewer: Alexander T. Hunt, destroyed 5 years after discontinuance of business or after all outstanding Public Law 104–13 (44 U.S.C. (202) 395–7860, Office of Management 3506(c)(2)(A)). Currently, the Bureau of and Budget, Room 10202, New liabilities have been satisfied, or after elimination of the requirement for the Alcohol, Tobacco and Firearms within Executive Office Building, Washington, the Department of the Treasury is DC 20503. bond. Current Actions: There are no changes soliciting comments concerning the Lois K. Holland, to this information collection and it is Application For Permit Under 26 U.S.C. Departmental Reports Management Officer. being submitted for extension purposes Chapter 52, Manufacturer of Tobacco [FR Doc. 01–15535 Filed 6–19–01; 8:45 am]. only. Products Importer of Tobacco Products, or Proprietor of Export Warehouse and BILLING CODE 4830–01–P Type of Review: Extension. Affected Public: Business or other for- Application for Amended Permit Under profit. 26 U.S.C. 5712, Manufacturer of DEPARTMENT OF THE TREASURY Estimated Number of Respondents: Tobacco Products Importer of Tobacco 10. Products, or Proprietor of Export Bureau of Alcohol, Tobacco and Estimated Time Per Respondent: 1 Warehouse. Firearms hour. DATES: Written comments should be Estimated Total Annual Burden received on or before August 20, 2001 Proposed Collection; Comment Hours: 10. Request Request for Comments: Comments to be assured of consideration. submitted in response to this notice will ADDRESSES: Direct all written comments ACTION: Notice and request for be summarized and/or included in the to Bureau of Alcohol, Tobacco and comments. request for OMB approval. All Firearms, Linda Barnes, 650
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Massachusetts Avenue, NW., information shall have practical utility; Regulations Division, 650 Massachusetts Washington, DC 20720 (202) 927–8930. (b) the accuracy of the agency’s estimate Avenue, NW., Washington, DC 20226 FOR FURTHER INFORMATION CONTACT: of the burden of the collection of (202) 927–8230. Requests for additional information or information; (c) ways to enhance the SUPPLEMENTARY INFORMATION: copies of the form(s) and instructions quality, utility, and clarity of the Title: Notice of Change in Status of should be directed to Robert Ruhf, information to be collected; (d) ways to Plant. Regulations Division, 650 Massachusetts minimize the burden of the collection of OMB Number: 1512–0202. Avenue, NW., Washington, DC 20226 information on respondents, including Form Number: ATF F 5110.34. (202) 927–8210. through the use of automated collection Abstract: ATF F 5110.34 is necessary SUPPLEMENTARY INFORMATION: techniques or other forms of information to show the use of distilled spirits plant Title: Application For Permit Under technology; and (e) estimates of capital premises for other activities or by 26 U.S.C. Chapter 52, Manufacturer of or start-up costs and costs of operation, alternating proprietors. It describes the Tobacco Products Importer of Tobacco maintenance, and purchase of services proprietor’s use of plant premises and Products, or Proprietor of Export to provide information. other information to show that the Warehouse and Application For Dated: June 12, 2001. change in plant status is in conformity Amended Permit Under 26 U.S.C. 5712, William T. Earle, with laws and regulations. Manufacturer of Tobacco Products Assistant Director (Management) CFO. Current Actions: There are no changes Importer of Tobacco Products, or [FR Doc. 01–15495 Filed 6–19–01; 8:45 am] to this information collection and it is Proprietor of Export Warehouse. BILLING CODE 4810–31–P being submitted for extension purposes OMB Number: 1512–0398. only. Form Number: ATF F 2093 (5200.3), Type of Review: Extension. ATF F 2098 (5200.16), ATF F 5230.4, DEPARTMENT OF THE TREASURY Affected Public: Business or other for- ATF F 5230.5. profit. Abstract: The forms are used by the Bureau of Alcohol, Tobacco and Estimated Number of Respondents: tobacco industry members to obtain and Firearms 100. amend permits necessary to engage in Estimated Time Per Respondent: 1 business as a manufacturer of tobacco Proposed Collection; Comment hour. products, importer of tobacco products, Request Estimated Total Annual Burden or proprietor of a export warehouse. Hours: 1,000. Current Actions: Item 5 on ATF F ACTION: Notice and request for comments. Request for Comments: Comments 5230.4 is a requirement for submission submitted in response to this notice will of corporate, partnership or association SUMMARY: The Department of the be summarized and/or included in the documents. Instruction 7. is new and Treasury, as part of its continuing effort request for OMB approval. All coincides with the new requirement. to reduce paperwork and respondent comments will become a matter of The adjustment in burden hours is burden, invites the general public and public record. Comments are invited on: associated with an improved estimate other Federal agencies to take this (a) Whether the collection of for the number of respondents, opportunity to comment on proposed information is necessary for the proper especially for the applications and/or continuing information performance of the functions of the submitted for importers of tobacco collections, as required by the agency, including whether the products. Paperwork Reduction Act of 1995, information shall have practical utility; Type of Review: Revision. Public Law 104–13 (44 U.S.C. (b) the accuracy of the agency’s estimate Affected Public: Business or other for- 3506(c)(2)(A)). Currently, the Bureau of of the burden of the collection of profit. Alcohol, Tobacco and Firearms within information; (c) ways to enhance the Estimated Number of Respondents: the Department of the Treasury is quality, utility, and clarity of the 630. soliciting comments concerning the information to be collected; (d) ways to Estimated Time Per Respondent: 6 Notice of Change in Status of Plant. minimize the burden of the collection of hours for all forms. DATES: Written comments should be information on respondents, including Estimated Total Annual Burden through the use of automated collection Hours: 1,130. received on or before August 20, 2001 to be assured of consideration. techniques or other forms of information Request for Comments: Comments technology; and (e) estimates of capital ADDRESSES: Direct all written comments submitted in response to this notice will or start-up costs and costs of operation, to Bureau of Alcohol, Tobacco and be summarized and/or included in the maintenance, and purchase of services Firearms, Linda Barnes, 650 request for OMB approval. All to provide information. comments will become a matter of Massachusetts Avenue, NW., public record. Comments are invited on: Washington, DC 20226 (202) 927–8930. Dated: June 12, 2001. (a) Whether the collection of FOR FURTHER INFORMATION CONTACT: William T. Earle, information is necessary for the proper Requests for additional information or Assistant Director (Management) CFO. performance of the functions of the copies of the form(s) and instructions [FR Doc. 01–15496 Filed 6–19–01; 8:45 am] agency, including whether the should be directed to Jim Ficaretta, BILLING CODE 4810–31–P
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Corrections Federal Register Vol. 66, No. 119
Wednesday, June 20, 2001
This section of the FEDERAL REGISTER DEPARTMENT OF HOUSING AND SECURITIES AND EXCHANGE contains editorial corrections of previously URBAN DEVELOPMENT COMMISSION published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are 24 CFR Part 966 prepared by the Office of the Federal [Release No. 34–44353; File No. SR–CBOE– Register. Agency prepared corrections are [Docket No. FR–4495–F–02] 2001–18] issued as signed documents and appear in RIN 2501–AC63 the appropriate document categories Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness elsewhere in the issue. Screening and Eviction for Drug Abuse of Proposed Rule Change by the and Other Criminal Activity Chicago Board Options Exchange Correction Incorporated to Exempt Certain Deep- ENVIRONMENTAL PROTECTION in-the-Money Options Transactions AGENCY In the issue of Monday, June 18, 2001, on page 32875, in the first column, in from the Exchange Marketing Fee 40 CFR Part 435 the correction of rule document 01– Correction 12840, the correction should read: In notice document 01–14026 [FRL–6929–8] §966.4 [Corrected] beginning on page 30251 in the issue of 1. On page 28802, in the third Tuesday, June 5, 2001, the docket RIN 2040–AD14 column, in §966.4, in instruction 29 in number is added to read as set forth the second line, ‘‘(d)(1), (f)12), (1)(2), above. Effluent Limitations Guidelines and (1)(3)(i) and (1)(5) ’’ should read ‘‘(d)(1), [FR Doc. C1–14026 Filed 6–19–01; 8:45 am] New Source Performance Standards (f)(12), (l)(2), (l)(3)(i) and (l)(5)’’ for the Oil and Gas Extraction Point 2. On the same page, in the same BILLING CODE 1505–01–D Source Category; OMB Approval column, in the same section, in the Under the Paperwork Reduction Act: fourth line from the bottom, ‘‘(1)***’’ DEPARTMENT OF TRANSPORTATION Technical Amendment should read ‘‘(l)***’’. Federal Aviation Administration Correction [FR Doc. C1–12840 Filed 6–19–01; 8:45 am] BILLING CODE 1505–01–D In rule document 01–361 beginning International Conference on Fire and Cabin Safety Research on page 6850, in the issue of Monday, SECURITIES AND EXCHANGE January 22, 2001, make the following Correction correction: COMMISSION [Release No. 44372; File No. SR–Phix–2001– In notice document 01–14912 § 435.15 [Corrected] 59] beginning on page 31964 in the issue of Wednesday, June 13, 2001, make the On page 6900, in §435.15, in the table Self-Regulatory Organizations; Notice following corrections: titled ‘‘New Source Performance of Filing and Order Granting 1. On page 31964, in the second Standards (NSPS)’’ under the heading Accelerated Approval of Proposed column, in the last line, the website ‘‘NSPS’’ in the fourth line, ‘‘No charge’’ Rule Change by the Philadelphia Stock address ‘‘http://www.fire.tc./faa.gov’’ should read ‘‘No discharge’’. Exchange, Inc. Relating to Dealing should read ‘‘http:// [FR Doc. C1–361 Filed 6–19–01; 8:45 am] Directly with Specialist and Registered www.fire.tc.faa.gov’’. BILLING CODE 1505–01–D Option Traders in Foreign Currency 2. On the same page, in the third Options column, in the last line, the email May 31, 2001. address ‘‘[email protected]’’ should read ‘‘[email protected]’’. Correction 3. On page 31965, in the first column, In notice document 01–14312 under the heading ‘‘In Australia:’’, in beginning on page 30780 in the issue of the first paragraph, in the last line, the Thursday, June 7, 2001, the date is email address ‘‘BYERS [email protected]’’ corrected to read as set forth above. should read ‘‘[email protected]’’. [FR Doc. C1–14312 Filed 6–19–01; 8:45 am] [FR Doc. C1–14912 Filed 6–19–01; 8:45 am] BILLING CODE 1505–01–D BILLING CODE 1505–01–D
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Part II
Department of Education Office of Vocational and Adult Education; High School Reform State Grants; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2001; Notice
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DEPARTMENT OF EDUCATION Deadline for Intergovernmental funded the development of Review: September 18, 2001. comprehensive school reform models [CFDA No: 84.215G] Available Funds: $5,000,000 for the for high schools. At the local level, 36-month project period. magnet and charter schools initiatives Office of Vocational and Adult Note: The administration is not requesting have broken new ground in their ability Education; High School Reform State funding for this program in 2002. to drive high school improvement based Grants; Notice Inviting Applications for upon a community’s as well as Estimated Average Size of Awards: New Awards for Fiscal Year (FY) 2001 individual students’ needs. These The estimated amount of each award programs, as well as others, seek to Note to Applicants: This notice is a made under this competition is ensure that research-based practices and complete application package. Together with $1,000,000 for each State project. methodologies proven successful at the the statute authorizing the program and the Estimated Number of Awards: No high school level are widely replicated. Education Department General more than five awards will be made Further, these programs recognize that Administrative Regulations (EDGAR), the under this grant program. notice contains all of the information, success in the 21st century workplace application forms, and instructions needed to Note: The Department is not bound by any will require advanced career and apply for a grant under this competition. estimates in this notice. technical skills, including computer Project Period: 36 months. literacy. Purpose of Program Several States have targeted their Applicable Statute and Regulations The purpose of the High School school improvement initiatives Reform State Grants program is to (a) The Department of Education’s specifically toward high schools by provide funds to State educational Appropriations Act, 2001, Title III of the integrating Federal CSRD investments agencies (SEAs) to support efforts to Departments of Labor, Health and with their own high school reform improve academic performance and Human Services, and Education, and investments. Others have enhanced provide technical skills training. States Related Agencies Appropriations Act, their high school redesign efforts with will in turn make competitive awards to 2001, as enacted by section 1(1) of P.L. improvement strategies promulgated by local educational agencies (LEAs) on 106–[554], the Consolidated such models as High Schools That behalf of secondary schools or consortia Appropriations Act, 2001. Work. For all States, the last five years of secondary schools, to support (b) The Education Department have seen a dramatic increase in the programs, activities, classes, and other General Administrative Regulations attention toward high school academic services designed to assist secondary (EDGAR) in 34 CFR parts 75, 77, 79, 80, assessments and exit examinations as school students in attaining challenging, 81, 82, 85, 86, 97, 98, and 99. means to measure the value of a State-established academic and SUPPLEMENTARY INFORMATION: student’s high school experience. Recognizing the emphasis at both the technical skill proficiencies. The Background State and local levels on improving high Department of Education (the schools, the Congress is making Department) fully expects that these No other American institution has a available five million dollars to States funds will be used by local high schools potentially greater impact on the quality able to demonstrate their commitment in one of two ways: (1) To expand and of life for today’s young people than that to high school improvement by build upon their own existing high of the public high school. Youth articulating specific strategies and school improvement strategies; or (2) to entering the workforce without a high activities proven effective in helping replicate other high schools’ successful school diploma earn up to one-third less students meet rigorous academic and reform models, including such strategies than their peers who complete high technical State standards. and models that focus on school school. Among those who earn a restructuring, curriculum and diploma, only 50 percent go on to Required Activities postsecondary education, and half of instruction redesign, and improving (a) Under this competition, each State those students drop out by the end of school climate. Further, the Department grantee will: expects that funded strategies and the second year. The Department, as (1) Competitively award at least 90 models will build upon research-based well as other public and private percent of its total grant funds to LEAs practices proven effective in improving agencies, collects data annually on behalf of individual high schools or secondary school students’ academic documenting the reduced earning consortia; and performance and expanding their potential and increased incidence of (2) Use the remaining grant funds for opportunities for technical skills poverty among young people who either State-level activities aimed at training. lack a high school diploma, or who replicating successful methodologies possess a diploma but have not acquired and practices and disseminating the Application, Deadline and Award the necessary skills to move on to Information lessons of the funded projects. postsecondary education or the (b) Under this competition, each local Eligible Applicants: State educational workplace. sub-grantee will support programs, agencies who make sub-grants to local Recognizing the obvious impact the activities, classes, and other services educational agencies on behalf of high school experience can have on a designed to assist secondary school secondary schools or secondary school young person, efforts at the Federal, students in attaining challenging, State- consortia. State educational agencies State, and local levels have resulted in established academic and technical skill may also apply in consortia with one the implementation of a number of high proficiencies. another. school improvement strategies. Grants awarded shall be used to carry Deadline for Transmittal of Federally, the Department’s out the following activities: Applications: August 6, 2001. Comprehensive School Reform (1) Integration of academics with Application Page Limits: The Demonstration (CSRD) program, as well technical skills courses; Secretary strongly encourages that an as the Office of Educational Research (2) Establishment of learning and application’s program narrative be and Improvement’s Model Design and technical skills centers within limited to no more than 25 pages. Evaluation Contracts program, have secondary schools; and
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(3) Programs that support and preparing them for both college and (b) The proposal includes a timeline implement innovative strategies such as careers; for the project, including dates and independent study, school-based (2) Academic standards are rigorous responsibilities for making awards to enterprises, and project-based learning. and are specifically tied to student sub-grantees, along with a clear The Department further requires that outcomes; description of the overall project’s the minimum local award to an (3) Learning occurs in safe, progression and how grant activities individual high school under this personalized environments; will build upon one another in competition will be no less than (4) Teachers are provided with a range complexity and scope. (5 points) $200,000, and that awards to high of professional development (c) The proposal indicates other school consortia will be no less than opportunities, including work-based funding resources, including private $400,000. experiences and technology training; sector resources as well as other (5) Faculty ownership and effective Federal, State, and local level funds, Priorities principal leadership are key that currently contribute to the high Competitive Priorities components in implementing specific school improvement strategies school improvement strategies; and identified in the proposal and that will The Secretary may award up to 10 (6) Individual teaching strategies are additional points for applications that further support such future efforts. At a linked to school-wide improvement minimum, the proposal indicates how effectively address the following goals. (15 points) priorities. the State’s Federal resources are being (c) The proposal describes existing aligned to support high school Competitive Priority 1 (5 points) high school practices and models that improvement. (5 points) have achieved success in integrating Applications that identify the State’s (4) Evaluation Plan (15 points) low-performing high schools, as defined academics with technical skills courses; under Title I, Part A, section 1116(c) of establishing learning and technical skill The proposal describes the State’s the Elementary and Secondary centers within their schools; and overall strategy for evaluating high Education Act or State or local implementing such innovative strategies school improvement efforts, including definitions, and include strategies for such as independent study via improving the academic performance of disseminating and replicating successful internships, school-based enterprises, students and increasing their improvement methodologies and and project-based learning. (10 points) opportunities to receive technical skill training. It explains how this project practices with those schools. (2) State-level Activities (25 points) will be evaluated, and how the results Competitive Priority 2 (5 points) The proposal provides a complete of that evaluation will fit into the State’s Applications that demonstrate the description of activities supported by overall plan for evaluating high school existing and future commitment of the ten percent (maximum) of grant improvement efforts. Applications Federal, State and local level resources award expenditures to be made at the adequately addressing this criterion will to fund high school improvement State level. This section includes how outline the performance measures the efforts. this project will be coordinated with State intends to use to evaluate efforts ongoing high school improvement that either bring certain improvement Selection Criteria efforts already at work at the State level. strategies to scale or that replicate a The Secretary uses the following It includes ways in which the State will model that has proven successful at selection criteria to evaluate use this project to improve the another high school. This section applications for new grants under this performance of low-performing high should also commit the State to competition. The Secretary awards a schools, such as partnering a high- participating in a Department-sponsored total possible score of 100 points. The performing school with a low- evaluation of this grant investment. maximum score an applicant may performing school, web-based (Applicants should note the receive is 110 points by effectively dissemination strategies, and other Performance Measures section in addressing the selection criteria and innovative methods. The application Appendix B of this notice.) both competitive priorities. The delineates the State’s plan to produce a Intergovernmental Review of Federal maximum possible score for each final product documenting its Programs criterion is indicated in parentheses successful high school improvement following the criterion. strategies. Further, it includes a This program is subject to the commitment by the State to be involved requirements of Executive Order 12372 (1) Demonstration of Reform Readiness in national activities aimed at widely (Intergovernmental Review of Federal at the State’s High Schools (40 Points) disseminating the lessons of this grant Programs) and the regulations in 34 CFR (a) The proposal provides detailed initiative and working with other States part 79. evidence of specific school or districts to assist them with their One of the objectives of the Executive improvement strategies and existing efforts at high school reform and order is to foster an intergovernmental working models that have been improvement. partnership and to strengthen implemented at the high school level. federalism by relying on State and local (3) Management Plan/Timeline (20 Examples provided fully delineate the processes for State and local points) methodologies used and the government coordination and review of measurements applied to determine (a) The proposal includes a proposed Federal financial assistance. effectiveness. (15 points) description of how the project will be Applicants must contact the (b) The proposal clearly articulates managed at the State level, including appropriate State Single Point of State- and locally-driven strategies that the distribution of sub-grants (not less Contact to find out about, and to comply have proven effective in achieving such than 90 percent of the total grant award) with, the State’s process under indicators of high school reform as: and the oversight of sub-grant activities. Executive Order 12372. Applicants (1) All students are expected to meet The proposal describes the process to be proposing to perform activities in more challenging, State-established academic used to provide sub-grants, along with than one State should immediately standards that work toward the goal of the criteria to be applied. (10 points) contact the Single Point of Contact for
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each of those States and follow the application. The Department will not Part I: Application for Federal procedures established in each State penalize applicants who do not provide Education Assistance (ED 424 (Rev. 1/ under the Executive order. If you want additional copies. 12/99)) and instructions. to know the name and address of any (a) If an applicant wants to apply for Part II: Budget Information—Non- State Single Point of Contact (SPOC), or a grant under this process, the applicant Construction Programs (ED Form No. you may view the latest SPOC list on must either— 524) and instructions. the OMB web site at the following (1) Mail the original and three copies Part III: Budget Narrative. address: http://www.whitehouse.gov/ of the application on or before the Part IV: Program Narrative (see omb/grants. deadline date to: U.S. Department of Appendix B). In States that have not established a Education, Application Control Center, Part V: Additional Assurances and process or chosen a program for review, Attention: (CFDA # 84.215G), Certifications: State, area-wide, regional, and local Washington, DC 20202–4725, or a. Assurances—Non-Construction entities, may submit comments directly (2) Hand deliver the original and three Programs (Standard Form 424B). to the Department. copies of the application by 4:30 p.m. b. Certification regarding Lobbying, Any State Process Recommendation (Eastern time) on or before the deadline Debarment, Suspension, and Other and other comments submitted by a date to: U.S. Department of Education, Responsibility Matters; and Drug-Free State Single Point of Contact and any Application Control Center, Attention: Workplace Requirements (ED Form 80– comments from State, area-wide, (CFDA #84.215G), Room #3633, 0013) and instructions. regional, and local entities must be Regional Office Building #3, 7th and D c. Certification regarding Debarment, mailed or hand-delivered by the date Streets, SW., Washington, DC. Suspension, Ineligibility and Voluntary indicated in this notice to the following (b) An applicant must show one of the Exclusion: Lower Tier Covered address: The Secretary, E.O. 12372– following as proof of mailing: Transactions (ED Form 80–0014, 9/90) CFDA #84.215G, U.S. Department of (1) A legibly dated U.S. Postal Service and instructions. Education, Room 7E200, Washington, postmark. Note: ED Form 80–0014 is intended for the DC 20202–0125. (2) A legible mail receipt with the use of grantees and should not be transmitted Proof of mailing will be determined date of mailing stamped by the U.S. to the Department. on the same basis as applications (see 34 Postal Service. d. Disclosure of Lobbying Activities CFR 75.102). Recommendations or (3) A dated shipping label, invoice, or (Standard Form LLL, if applicable) and comments may be hand-delivered until receipt from a commercial carrier. instructions. 4:30 p.m. (Eastern time) on the date (4) Any other proof of mailing No grant may be awarded unless a indicated in this notice. acceptable to the Secretary. (c) If an application is mailed through completed application form has been Note: Please note that the above address is the U.S. Postal Service, the Secretary received. not the same address as the one to which the applicant submits its completed application. does not accept either of the following FOR FURTHER INFORMATION CONTACT: Ms. Do not send applications to the above as proof of mailing: Karen Stratman Clark, Office of address. (1) A private metered postmark. Vocational and Adult Education, U.S. (2) A mail receipt that is not dated by Department of Education, 400 Maryland Waiver of Rulemaking the U.S. Postal Service. Avenue, SW. (Mary E. Switzer Building, It is the Secretary’s practice, in Notes: (1) The U.S. Postal Service does not Room 5523), Washington, DC 20202– accordance with the Administrative uniformly provide a dated postmark. Before 7241. Telephone (202) 205–3779. If you Procedure Act (5 U.S.C. section 553), to relying on this method, an applicant should use a telecommunications device for the check with its local post office. offer interested parties the opportunity (2) The Application Control Center will deaf (TDD), you may call the Federal to comment on proposed rules. Section mail a Grant Application Receipt Information Relay Service (FIRS) at 1– 437(d)(1) of the General Education Acknowledgment to each applicant. If an 800–877–8339. Individuals with Provisions Act (GEPA) exempts from applicant fails to receive the notification of disabilities may obtain this notice in an formal rulemaking requirements rules application receipt within 15 days from the alternative format (e.g., Braille, large governing the first grant competition date of mailing the application, the applicant print, audiotape, or computer diskette) under a new or substantially revised should call the U.S. Department of Education on request to the contact persons listed program authority (20 U.S.C. section Application Control Center at (202) 708– at the beginning of this paragraph. 1232(d)(1)). Funding for this new 9494. Please note, however, that the (3) The applicant must indicate on the initiative was provided in the envelope and—if not provided by the Department is not able to reproduce in Department’s fiscal year 2001 Department—in Item 10 of the Application an alternative format the standard forms appropriations act. The Secretary, in for Federal Education Assistance (ED 424) included in the notice. accordance with section 437(d)(1) of the CFDA number—and suffix letter, if any— Electronic Access to This Department GEPA, has decided to forego public of the process under which the application comment in order to ensure timely grant is being submitted. You may view this document, as well awards. as all other Department of Education Application Instructions and Forms documents published in the Federal Instructions for Transmittal of All forms and instructions are Register, in text or Adobe Portable Applications included as Appendix D of this notice. Document Format (APDF) on the Applicants are required to submit one Questions and answers pertaining to Internet at the following site: original signed application and three this program are included, as Appendix www.ed.gov/legislation/FedRegister. copies of the grant application. All C, to assist potential applicants. To use PDF, you must have Adobe forms and assurances must have ink To apply for an award under this Acrobat Reader, which is available free signatures. Please mark applications as program, your application must be at this site. If you have questions about ‘‘original’’ or ‘‘copy.’’ To aid with the organized in the following order and using the PDF, call the U.S. Government review of applications, the Department include the following five parts. The Printing Office (GPO), toll free at 1–888– encourages applicants to submit three parts and additional materials are as 293–6498, or in the Washington, DC, additional copies of the grant follows: area at (202) 512–1530.
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Note: The official version of this document Low-performing schools are identified by for the local educational agencies’ assurances is the document published in the Federal local and State educational agencies using to the State) that the State will carry out Register. Free Internet access to the official the criteria in Title I, Part A, section 1116(c) those activities described in the Required version of the Federal Register and the Code of the Elementary and Secondary Education Activities section of this notice. of Federal Regulations is available on GPO Act. Any Title I school that has not made (4) Describe how the applicant meets the access at: http://www.access.gpo.gov/nara/ continuous and sustained academic progress competitive priorities, if applicable. index.html. over two years is identified for improvement. (5) Describe the project in detail, For the purpose of this program, States and addressing each selection criterion in order. Program Authority: 20 U.S.C. section local educational agencies that have Do not simply paraphrase the criteria. 2328. established criteria for identifying such (6) If the application is from a State Dated: June 14, 2001. schools may use their criteria to meet the consortium, attach the consortium’s competitive priority. Jon Weintraub, agreement delineating the activities each Project-based learning occurs when State intends to perform, signed by Acting Deputy Assistant Secretary, Office of learning is tied to the development and appropriate authorities for each State Vocational and Adult Education. completion of a project that is, much like educational agency. The agreement must Estimated Burden Statement independent study, linked to a student’s include the designation of one State as the curriculum and, if applicable, his or her area lead applicant. According to the Paperwork of career interest. (7) Applicants may include supporting Reduction Act of 1995, no persons are School-based enterprises are enterprises in documentation as appendices to the required to respond to a collection of which goods or services are produced by narrative. This material must be concise and students as part of their school program. pertinent to the application. information unless it displays a valid School-based enterprises typically involve OMB control number. The valid OMB The Secretary strongly suggests that you students in the management of a project that limit the program narrative to no more than control number for this information may involve the sale of goods for use by 25 double-spaced, typed pages (on one side collection is 1830–0551. (Expiration others, and may be undertaken on or off the only). Be sure to number consecutively ALL date: 6/30/2004.) The time required to school site. pages in your application. complete this information collection is Secondary school consortia are two or You are advised that— estimated to average 40 hours per more schools comprising any span of grades (a) The Secretary considers only response, including the time to review beginning with the next grade following information contained in the application in middle school and ending with grade 12. instructions, search existing data ranking applications for funding State consortia are, for the purpose of this consideration. Letters of support sent resources, gather the data needed, and program, two or more State educational complete and review the information separately from the formal application agencies jointly responsible for State-level package are not considered in the review by collection. coordination of projects implemented within the technical review panels. (34 CFR 75.217) If you have any comments concerning their identified local high schools. (b) The technical review panel evaluates the accuracy of the time estimate(s) or State educational agency is the officer or each application solely on the basis of the suggestions for improving this grant agency primarily responsible for the State selection criteria contained in this notice. supervision of public elementary and (c) Letters of support included as application, please write to: U.S. secondary schools. Department of Education, Washington, appendices to an application, that are of DC 20202–4651. Appendix B—Program Narrative direct relevance to or contain commitments Instructions that pertain to the established selection If you have comments or concerns criteria, such as commitment of resources, regarding the status of your individual Instructions for Program Narrative will be reviewed by the panel. As noted submission of this grant application, The program narrative will comprise the above in paragraph (a), letters of support sent write directly to: Ms. Karen Stratman largest portion of your application. This part separately from the formal application Clark, Office of Vocational and Adult is where you spell out the who, what, when, package are not considered in the review by Education, U.S. Department of why, and how, of your proposed project. the technical review panel. (34 CFR 75.217) Education, 400 Maryland Avenue, SW Although you will not have a form to fill Performance Measures out for your narrative, there is a format. This (Mary E. Switzer Building, Room 5523), The Government Performance and Results Washington, DC 20202–7242. format is based on the selection criteria. Because your application will be reviewed Act of 1993 (GPRA) places new management Appendix A—Definitions and rated by a review panel on the basis of expectations and requirements on Federal the selection criteria, your narrative should departments and agencies by creating a Independent study is self-directed learning follow the order and format of the criteria. framework for more effective planning, linked to a student’s curriculum and, if Before preparing your application, you budgeting, program evaluation, and fiscal applicable, his or her area of career interest. should carefully read the legislation and accountability for Federal programs. The It may include such activities as internships EDGAR regulations governing this program, intent of GPRA is to improve public and student-directed projects. eligibility requirements, priorities, and the confidence by holding departments and Integration occurs when academic and selection criteria for this process. agencies accountable for achieving program occupational or career subject matter— Your program narrative should be clear, results. Under GPRA, Departments and normally offered in separate courses—are concise, and to the point. The program agencies must clearly describe the goals and taught in a manner that emphasizes narrative should be organized in this way: objectives of their programs, identify relationships among the disciplines. It may (1) Begin the narrative with a one page resources and actions needed to accomplish take many forms, ranging from the abstract or summary of your project, these goals and objectives, develop a means introduction of academics into traditional including a short description of the project’s of measuring progress made, and regularly occupational courses to comprehensive objectives and activities. Provide a short report on their achievement. One important programs that organize all instruction around description of the populations to be served in source of program information on successes broad career themes. the high schools to whom you anticipate and lessons learned is the project evaluation Learning and technical skills centers are, awarding funds. conducted under individual grants. for the purpose of this program, any of a (2) Include a table of contents listing the Factors that may be considered in variety of high school improvement models parts of the narrative in the order of the evaluating the success of the program may that may include schools-within-schools, selection criteria and the page numbers include: career academies, houses, or before- or after- where the parts of the narrative are found. Be (1) Percentage of students at participating school programs that emphasize technical or sure to number the pages. schools who meet or exceed State-established occupational skills training, including (3) Include the State educational agency’s academic and vocational and technical skill computer literacy. assurance to the Secretary (and requirement standards;
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(2) Number of students receiving technical and the priorities. Applicants should contains inadequate justification or skills training with integrated academics; understand, however, that prior contact with explanation of a particular budget item, or (3) Number of students participating in the Department is not required, nor will it in because the budget item seems unimportant learning and technical skills centers; and any way influence the success of an to the successful completion of the project. (4) Number of students participating in application. If you are asked to make changes that you independent study via internships, schools- Q: When will I find out if I’m going to be feel could seriously affect the project’s based enterprises, and project-based learning. funded? success, you may provide reasons for not As specified in Selection Criterion 4, an A: You can expect to receive notification making the changes or provide alternative evaluation plan must be included in each as soon as possible after the application suggestions. Similarly, if proposed budget grant application. The application should closing date, depending on the number of reductions will, in your opinion, seriously applications received and the number of describe the plan in detail, including such affect the project activities, you may explain Department competitions with similar information as: (1) What types of data will be why and provide additional justification for closing dates. collected; (2) what instruments will be used; the proposed expenses. An award cannot be (3) when reports of results and outcomes will Q: Once my application has been reviewed by the review panel, can you tell me the made until all issues under discussion have become available; and (4) how information been resolved. will be used by the project to monitor outcome? Q: How do I provide an assurance? progress and ensure accountability. A: No. Every year we are called by a number of applicants who have a legitimate A: Except for SF–424B, ‘‘Assurances—Non- Appendix C—Questions and Answers reason for needing to know the outcome of Construction Programs,’’ you may provide an assurance simply by stating in writing that Potential applicants frequently direct the panel review prior to official notification. Some applicants need to make job decisions, you are meeting a prescribed requirement. questions to officials of the Department some need to notify a local school district, Q: Where can copies of the Federal regarding application notices and etc. Regardless of the reason, because final Register, program regulations, and Federal programmatic and administrative regulations funding decisions have not been made at that statutes be obtained? governing various direct grant programs. To point, we cannot share information about the A: Copies of these materials can usually be assist potential applicants, the Department results of panel review with anyone. found at your local library. If not, they can has assembled the following most commonly Q: Will my application be returned if I am be obtained from the Government Printing asked questions followed by the not funded? Office by writing to Superintendent of Department’s answers. A: No. We no longer return unsuccessful Documents, U.S. Government Printing Office, Q: Can we get an extension of the applications. Thus, applicants should retain Washington, DC 20402. Telephone: (202) deadline? at least one copy of the application. 708–8228. When requesting copies of A: No. A closing date may be changed only Q: Can I obtain copies of reviewers’ regulations or statutes, it is helpful to use the under extraordinary circumstances. Any comments? specific name or public law, number of a change must be announced in the Federal A: Upon written request, reviewers’ statute, or part number of a regulation. A Register and must apply to all applications. comments will be mailed to unsuccessful copy of the Code of Federal Regulations that Waivers for individual applications cannot applicants. contains the Education Department General be granted regardless of the circumstances. Q: Is travel allowed under these projects? Q: How many copies of the application Administrative Regulations, 34 CFR parts 74, A: Travel associated with carrying out the 75, 77, 79, 80, 81, 82, 85, 86, 97, 98, and 99, should I submit and must they be bound? project is allowed. Because we may request A: Applicants are required to submit one may be obtained from the Government the project director of funded projects to Printing Office by writing to Superintendent original and three copies of the grant attend an annual project directors’ meeting, application. To aid with the review of of Documents, P.O. Box 371954, Pittsburgh, you may also wish to include a trip or two PA 15250–7954, or by telephoning (202) 512– applications, the Department encourages to Washington, DC, in the travel budget. applicants to submit three additional copies 1800. It may also be obtained on the internet Travel to conferences is sometimes allowed at: http://www.access.gpo.gov/su_docs, or of the grant application. The Department will when the purpose of the conference will be not penalize applicants who do not provide http://www.access.gpo.gov/nara/cfr. of benefit and relates to the project. Federal Register notices can also be additional copies. Sending applications in Q: If my application receives high scores notebooks, binders, folders, or other accessed on the internet at: http:// from the reviewers, does that mean that I will www.access.gpo.gov/nara/index.html. coverings is strongly discouraged. receive funding? Q: Where in the notice does it explain how Q: We just missed the deadline for the High A: Not necessarily. It is often the case that the required parts of the application should School Reform State Grants competition. May the number of applications scored highly by be ordered? we submit under another competition? the reviewers exceeds the dollars available A: The ordering for the required parts of A: Yes, however, the likelihood of success for funding projects under a particular the application is specified in the section of is not good. A properly prepared application competition. The order of selection, which is must meet the specifications of the based on the scores of all the applications the notice entitled ‘‘Application Instructions competition to which it is submitted. reviewed and other relevant factors, and Forms.’’ Q: I’m not sure which competition is most determines the applications that can be Appendix D—Budget Narrative, Forms, appropriate for my project. What should I funded. and Instructions do? Q: What happens during pre-award A: We are happy to discuss any such clarification discussions? Instructions for Budget Narrative questions with you and provide clarification A: During pre-award clarification The budget narrative should explain, on the unique elements of the various discussions, technical and budget issues may justify, and, if needed, clarify your budget competitions. be raised. These are issues that have been summary. For each line item (personnel, Q: Will you help us prepare our identified during the panel and staff reviews fringe benefits, travel, etc.) in your budget, application? that require clarification. Sometimes issues explain why it is there and how you A: We are happy to provide general are stated as ‘‘conditions.’’ These are issues computed the costs. program information. Clearly, it would not be that have been identified as so critical that Please limit this section to no more than appropriate for staff to participate in the the award cannot be made unless those five pages. Be sure that each page of your actual writing of an application, but we can conditions are met. Questions may also be application is numbered consecutively. respond to specific questions about raised about the proposed budget. Generally, application requirements, evaluation criteria, these issues are raised because an application BILLING CODE 4000–01–P
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[FR Doc. 01–15557 Filed 6–19–01; 8:45 am] BILLING CODE 4000–01–C
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Reader Aids Federal Register Vol. 66, No. 119 Wednesday, June 20, 2001
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523–5227 1 CFR 319...... 32210 360...... 32213 Presidential Documents Proposed Rules: 932...... 30289 Executive orders and proclamations 523–5227 11...... 30340 985...... 30291 The United States Government Manual 523–5227 3 CFR 993...... 30642 1482...... 30801 Proclamations: Other Services Proposed Rules: 7208 (See Proc. 301...... 32268 Electronic and on-line services (voice) 523–4534 7445) ...... 30053 319...... 29735 Privacy Act Compilation 523–3187 7214 (See Proc. 981...... 31850 Public Laws Update Service (numbers, dates, etc.) 523–6641 7445) ...... 30053 1030...... 31185 TTY for the deaf-and-hard-of-hearing 523–5229 7445...... 30053 1944...... 29739 7446...... 30287 7447...... 31367 8 CFR ELECTRONIC RESEARCH 7448...... 31371 100...... 29661 7449...... 31375 World Wide Web 103 ...... 29661, 29682, 32138 7450...... 32205 212...... 32529 Full text of the daily Federal Register, CFR and other 7451...... 32891 publications: 214...... 31107 Executive Orders: 236...... 29661 http://www.access.gpo.gov/nara 13035 (Amended by 245a...... 29661 Federal Register information and research tools, including Public EO 13215)...... 30285 274a...... 29661 Inspection List, indexes, and links to GPO Access: 13092 (see EO 248...... 31107 13215) ...... 30285 http://www.nara.gov/fedreg 299 ...... 29661, 29682, 31107 13113 (see EO 310...... 32138 E-mail 13215) ...... 30285 320...... 32138 13125 (Amended by PENS (Public Law Electronic Notification Service) is an E-mail 322...... 32138 EO 13216)...... 31373 334...... 32138 service for notification of recently enacted Public Laws. To 13159 (See notice of subscribe, send E-mail to 337...... 32138 June 11, 2001)...... 32207 338...... 32138 [email protected] 13200 (see EO 341...... 32138 with the text message: 13215) ...... 30285 13215...... 30285 9 CFR subscribe PUBLAWS-L your name 13216...... 31373 78...... 32893 Use [email protected] only to subscribe or unsubscribe to Administrative Orders: 94 ...... 29686, 29897, 29899 PENS. We cannot respond to specific inquiries. Notices: Proposed Rules: Notice of June 11, Reference questions. Send questions and comments about the 93...... 29921 Federal Register system to: 2001 ...... 32207 Presidential 10 CFR [email protected] Determinations: 2...... 33013 The Federal Register staff cannot interpret specific documents or No. 2001–16 of June 72...... 33013 regulations. 1, 2001 ...... 30631 150...... 32452 No. 2001–17 of June 170...... 32452 1, 2001 ...... 30633 FEDERAL REGISTER PAGES AND DATE, JUNE 171...... 32452 Memorandums: Proposed Rules: 29661–29894...... 1 Memorandum of May 30, 2001 ...... 30629 2...... 29741 29895–30056...... 4 430...... 32914 30057–30286...... 5 Memorandum of May 31, 2001 ...... 31833 1008...... 32272 30287–30628...... 6 Memorandum of June 12 CFR 30629–30800...... 7 5, 2001 ...... 30799 30801–31106...... 8 8...... 29890 31107–31374...... 11 5 CFR 32...... 31114 31375–31834...... 12 330...... 29895 Proposed Rules: 31835–32206...... 13 332...... 29895 Ch. V...... 31186 32207–32528...... 14 351...... 29895 13 CFR 32529–32712...... 15 353...... 29895 32713–32890...... 18 1201...... 30635 107...... 30646 32891–33012...... 19 108...... 32894 7 CFR 115...... 30803 33013–33154...... 20 2...... 31107 121...... 30646, 32416 272...... 29661 273...... 29661 14 CFR 301...... 32209, 32713 23...... 30649
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25...... 32717 24 CFR 207...... 30063, 31277 300 ...... 31580, 31582, 32287 39 ...... 29689, 29900, 30296, Proposed Rules: 966...... 32775, 33134 42 CFR 30300, 30302, 30305, 30307, 982...... 30566 100...... 31868 31121, 31124, 31129, 31131, Proposed Rules: 165 ...... 31870, 31872, 32280, 400...... 32776 31135, 31141, 31143, 31525, 206...... 30262 32915 405...... 33030 31527, 31835, 31836, 31837, 982...... 32198 409...... 32777 32530, 32531, 32533, 32535, 36 CFR 410...... 32172, 32777 32728, 32729, 32895, 32896, 25 CFR 242...... 31533, 32750 411...... 32777 33013, 33014, 33016, 33017, 151...... 31976 Proposed Rules: 412...... 32172 33019 13...... 32282 413...... 32172, 32777 61...... 31145 26 CFR 1202...... 30134 424...... 32777 63...... 31145 1 ...... 32541, 32897, 32901 430...... 32776 65...... 31145 37 CFR 31...... 32541 431...... 31178, 32776 71 ...... 29691, 32537, 32731, 301...... 32541 252...... 29700 433...... 31178 32732, 32733, 32734, 32735, 602...... 32541 257...... 29700 434...... 32776 32736, 32737 435...... 31178, 32776 Proposed Rules: Proposed Rules: 91...... 30310 436...... 31178 1 ...... 31197, 31850, 32279, 1...... 30828 95...... 30057 438...... 32776 32782 2...... 30828 97...... 29691, 29693 440...... 32776 5c ...... 31850 108...... 31145 447...... 32776 5f...... 31850 38 CFR 121 ...... 29888, 30310, 31145, 457...... 31178 18...... 31850 21...... 32225, 32226 31146 484...... 32777 31...... 32279 36...... 32230 125...... 30310 485...... 32172 135 ...... 30310, 31145, 31146 301...... 31850, 32279 Proposed Rules: 46...... 30141 Proposed Rules: 27 CFR 43 CFR 39 ...... 30093, 30095, 30099, 9...... 29695 39 CFR 4...... 32884 30101, 30103, 30105, 30107, 46...... 32218 20...... 29704 3800...... 32571 30109, 30112, 30114, 30341, 70...... 32218 111...... 30064 30343, 30345, 31189, 31192, 44 CFR 270...... 32218 551...... 31822 31194, 31566, 31569, 32276, 275...... 32218 3000...... 32544 64...... 31178 32591 290...... 32218 65...... 31181, 31183 71 ...... 30117, 30118, 30119, Proposed Rules: 296...... 32218 3001...... 33034 209...... 32666 30120, 30654, 31196, 32593, 354...... 32575 32781 28 CFR 40 CFR Proposed Rules: 15 CFR Proposed Rules: 9 ...... 30806, 30807, 31086 59...... 32293 16...... 29921 52 ...... 29705, 30815, 31086, 64...... 32293 902...... 30651 31544, 31545, 31548, 31550, 29 CFR 46 CFR Proposed Rules: 31552, 31554, 32231, 32545, 922...... 30828 4022...... 32543 32556, 32752, 32760, 32767, 1...... 31842 4044...... 32543 110...... 29908 16 CFR 32769, 33027, 33029 4902...... 32221 60...... 31177, 32545 111...... 29908 Proposed Rules: 61...... 32545 30 CFR 1115...... 30655 62...... 32545 47 CFR 256...... 32902 63...... 30818 1...... 29722, 32580 17 CFR 917...... 33020 75...... 31842 2...... 29722 1...... 32737 920...... 32743 81...... 32556 15...... 31556, 32580 200...... 31839 926...... 31530 136...... 32774 24...... 29911 239...... 32538 Proposed Rules: 141...... 31086 25...... 31557 249...... 32538 206...... 30121 142...... 31086 36...... 30080 270...... 30311 210...... 30121 180 ...... 29705, 30065, 30073, 54...... 30080, 30334 275...... 30311 216...... 30121 30321, 30325, 30334, 30822 64...... 30334 450...... 29888 218...... 30121 197...... 32074 73 ...... 29723, 29724, 29725, 920...... 31571 271...... 29712 29726, 30090, 30091, 30092, 19 CFR 926...... 29741, 29744, 281...... 32564 30335, 30826, 31560, 31561, 206...... 32217 934...... 30347 282...... 32566 32242 948...... 33032 300...... 32235 87...... 29722 21 CFR 435...... 30807, 33134 90...... 30335, 32778 31 CFR 5...... 30992 Proposed Rules: 101...... 29722 101...... 30311 103...... 32746 52 ...... 30145, 30656, 30829, Proposed Rules: 173...... 31840 Proposed Rules: 31197, 31199, 31573, 31574, 15...... 31585 510...... 32739 210...... 29746 31575, 32287, 32594, 32782, 17...... 30853, 30860 522...... 32539 32783, 33036 20...... 31878 558...... 32739 32 CFR 60...... 32484, 32594 22...... 31589 606...... 31165, 31146 989...... 31177, 31976 61...... 32594 24...... 31589 607...... 31146 62...... 32484, 32594 25...... 30361 610...... 31146 33 CFR 63...... 30830 73 ...... 29747, 30365, 30366, 630...... 31165 100 ...... 30313, 30314, 30316, 70...... 31575 31596, 31597, 32296 640...... 31146 30805, 33023 72...... 31978 95...... 31598 660...... 31146 110...... 32904 75...... 31978 622...... 30866 809...... 31146 117 ...... 30806, 32747, 32748, 78...... 31978 660...... 30867, 30869 32904, 33024 81 ...... 31873, 32594, 32595 22 CFR 165 ...... 29699, 29907, 30059, 86...... 30830 48 CFR 41...... 32540, 32740 30061, 30317, 30319, 31841, 97...... 31978 1803...... 29726 42...... 32740 32222, 32223, 32904, 32908, 261...... 30349 1811...... 29727 51...... 29904 33026 271...... 29746, 33037 1830...... 29727
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1832...... 29728 1852...... 29726 Proposed Rules: 801...... 30659 806...... 30659 812...... 30659 837...... 30659 852...... 30659 873...... 30659 49 CFR 40...... 32248 393...... 30335 1180...... 32582 Proposed Rules: 171...... 32420 173...... 32420 174...... 32420 175...... 32420 176...... 32420 177...... 32420 178...... 32420 368...... 32918 571 ...... 29747, 30366, 31883 50 CFR 17...... 32250 20...... 32264 21...... 32264 100...... 31533, 32750 600...... 29922 622...... 29924, 32779 635...... 30651, 31844 648...... 29729, 31184 660...... 29729, 31561 679 ...... 31845, 31849, 33031 Proposed Rules: 17 ...... 30148, 30368, 30372, 31760, 32052, 33046 20...... 32297 223 ...... 31600, 31603, 32304, 32305, 32787 224 ...... 32304, 32305, 32787 300...... 32310 622 ...... 31608, 31609, 32312 648...... 30149 660 ...... 32919st 679...... 30396
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REMINDERS Brucellosis in cattle and Elizabeth River, Craney Alaska; comments due by The items in this list were bison— Island, VA; Craney Island 6-25-01; published 5-25- editorially compiled as an aid State and area Refueling Station; 01 to Federal Register users. classifications; comments due by 6-25- Hazardous waste: Inclusion or exclusion from comments due by 6-25- 01; published 5-24-01 Identification and listing— this list has no legal 01; published 4-26-01 Elizabeth River, Lambert’s Exclusions; comments due significance. AGRICULTURE Bend, VA; Craney Island by 6-25-01; published DEPARTMENT Refueling Station; 5-11-01 comments due by 6-25- Water pollution control: RULES GOING INTO Food Safety and Inspection Service 01; published 5-24-01 National Pollutant Discharge EFFECT JUNE 20, 2001 Meat and poultry inspection: Hampton Roads and Elimination System— Processed meat and poultry Willoughby Bay, VA; Cooling water intake COMMERCE DEPARTMENT products; performance Norfolk Naval Base; structures for new National Oceanic and standards comments due by 6-25- facilities; comments due Atmospheric Administration Technical conference and 01; published 5-24-01 by 6-25-01; published Fishery conservation and meeting; comments due 5-25-01 management: Little Creek Harbor, VA; by 6-28-01; published FARM CREDIT Alaska; fisheries of Little Creek Amphibious 4-13-01 Base; comments due by ADMINISTRATION Exclusive Economic Farm credit system: Zone— COMMERCE DEPARTMENT 6-25-01; published 5-24- National Oceanic and 01 Eligibility and scope of Pacific halibut and financing for farm-related sablefish; Individual Atmospheric Administration ENERGY DEPARTMENT service businesses and Fishing Quota Program; Endangered and threatened Federal Energy Regulatory non-farm rural published 5-21-01 species: Commission Sea turtle conservation; homeowners; comments Regulations consolidation; Electronic tariff filings; inquiry Atlantic waters off eastern due by 6-25-01; published correction; published 6- and informational 5-24-01 20-01 North Carolina and conference; comments due FEDERAL FEDERAL Virginia; closure to large- by 6-25-01; published 3-20- COMMUNICATIONS COMMUNICATIONS mesh gillnet fishing; 01 COMMISSION COMMISSION comments due by 6-25- ENVIRONMENTAL Common carrier services: Common carrier services: 01; published 5-25-01 PROTECTION AGENCY Federal-State Joint Board Tariffs— Fishery conservation and Air programs: on Universal Service— Competitive local management: Carrier contributions to exchange carriers; Alaska; fisheries of Fuels and fuel additives— universal service fund access charge reform; Exclusive Economic Colorado; Federal and manner in which published 5-21-01 Zone— gasoline Reid Vapor Length overall of vessel; costs are recovered INTERIOR DEPARTMENT Pressure volatility definition revisions; from customers; reform; Fish and Wildlife Service standard for 2001; comments due by 6-25- comments due by 6-25- Endangered and threatened approval of petition to 01; published 5-25-01 01; published 5-24-01 species: relax; comments due by Atlantic coastal fisheries Radio and television Ventura marsh milk-vetch; 6-25-01; published 5-24- cooperative broadcasting: published 5-21-01 01 management— Broadcast auxiliary services INTERIOR DEPARTMENT Colorado; Federal rules; comments due by American lobster; gasoline Reid Vapor Surface Mining Reclamation comments due by 6-25- 6-25-01; published 5-24- and Enforcement Office Pressure volatility 01 01; published 5-24-01 standard for 2001; Permanent program and Radio stations; table of Caribbean, Gulf, and South approval of petition to abandoned mine land assignments: Atlantic fisheries— relax; comments due by reclamation plan Michigan; comments due by Gulf of Mexico Fishery 6-25-01; published 5-24- submissions: 6-25-01; published 5-16- Management Council; 01 Kentucky; published 6-20-01 01 hearings; comments Air quality implementation TRANSPORTATION INTERIOR DEPARTMENT due by 6-28-01; plans; approval and DEPARTMENT Indian Affairs Bureau published 6-12-01 promulgation; various Coast Guard South Atlantic shrimp; States: Land and water: Drawbridge operations: comments due by 6-25- San Carlos Apache Tribe Indiana; published 5-21-01 01; published 5-24-01 Alaska; comments due by Development Trust Fund 6-25-01; published 5-25- Magnuson-Stevens Act and San Carlos Apache 01 COMMENTS DUE NEXT provisions— Tribe Lease Fund; use WEEK Council operations; California and Arizona; and distribution; regulations update; comments due by 6-25- comments due by 6-26- 01; published 5-24-01 AGRICULTURE comments due by 6-25- 01; published 4-27-01 DEPARTMENT 01; published 5-25-01 Pennsylvania; comments INTERIOR DEPARTMENT Agricultural Marketing West Coast States and due by 6-28-01; published Fish and Wildlife Service Service Western Pacific 5-29-01 Endangered and threatened Watermelon research and fisheries— Air quality implementation species: promotion plan; comments Pacific Coast groundfish; plans; √A√approval and Critical habitat due by 6-29-01; published comments due by 6-28- promulgation; various designations— 4-30-01 01; published 5-29-01 States; air quality planning Wintering piping plover; AGRICULTURE Pacific Coast groundfish; purposes; designation of comments due by 6-29- DEPARTMENT comments due by 6-30- areas: 01; published 5-7-01 Animal and Plant Health 01; published 4-10-01 Pennsylvania; comments INTERIOR DEPARTMENT Inspection Service DEFENSE DEPARTMENT due by 6-29-01; published Surface Mining Reclamation Interstate transportation of Engineers Corps 5-30-01 and Enforcement Office animals and animal products Danger zones and restricted Air quality planning purposes; Permanent program and (quarantine): areas: designation of areas: abandoned mine land
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reclamation plan amendments conforming to Class E airspace; comments H.R. 1836/P.L. 107–16 submissions: DOT rule; comments due by due by 6-28-01; published Economic Growth and Tax 6-29-01; published 4-30-01 5-29-01 Montana; comments due by Relief Reconciliation Act of 6-25-01; published 5-24- TRANSPORTATION 2001 (June 7, 2001; 115 Stat. 01 DEPARTMENT 38) West Virginia; comments Federal Aviation due by 6-25-01; published Administration LIST OF PUBLIC LAWS Last List June 8, 2001 5-24-01 Airworthiness directives: NATIONAL CREDIT UNION Boeing; comments due by This is a continuing list of ADMINISTRATION 6-25-01; published 4-25- public bills from the current Public Laws Electronic Credit unions: 01 session of Congress which Notification Service Organization and Empresa Brasileira de have become Federal laws. It (PENS) operations— Aeronautica, S.A. may be used in conjunction Nondiscrimination in real (EMBRAER); comments with ‘‘PLUS’’ (Public Laws due by 6-25-01; published Update Service) on 202–523– estate-related lending; PENS is a free electronic mail 5-24-01 6641. This list is also advertising and posting; notification service of newly Gulfstream; comments due available online at http:// comments due by 6-25- enacted public laws. To 01; published 4-26-01 by 6-25-01; published 4- www.nara.gov/fedreg. 25-01 subscribe, go to http:// hydra.gsa.gov/archives/ TRANSPORTATION Lockheed; comments due The text of laws is not publaws-l.html or send E-mail DEPARTMENT by 6-26-01; published 4- published in the Federal to [email protected] Coast Guard 27-01 Register but may be ordered with the following text Marine casualties and McDonnell Douglas; in ‘‘slip law’’ (individual message: chemical testing; comments due by 6-29- pamphlet) form from the amendments conforming to 01; published 5-15-01 Superintendent of Documents, SUBSCRIBE PUBLAWS-L DOT rule; comments due by Pratt & Whitney; comments U.S. Government Printing Your Name. 6-29-01; published 4-30-01 due by 6-26-01; published Office, Washington, DC 20402 Ports and waterways safety: 4-27-01 (phone, 202–512–1808). The Note: This service is strictly Lake Michigan, Gary, IN; Rolls-Royce Corp.; text will also be made for E-mail notification of new safety zone; comments comments due by 6-26- available on the Internet from laws. The text of laws is not due by 6-29-01; published 01; published 4-27-01 GPO Access at http:// available through this service. 6-14-01 Class D and Class E www.access.gpo.gov/nara/ PENS cannot respond to Workplace drug and alcohol airspace; comments due by index.html. Some laws may specific inquiries sent to this testing programs; 6-28-01; published 5-29-01 not yet be available. address.
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