12–7–01 Friday Vol. 66 No. 236 Dec. 7, 2001 Pages 63487–63620
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1 II Federal Register / Vol. 66, No. 236 / Friday, December 7, 2001
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2 III
Contents Federal Register Vol. 66, No. 236
Friday, December 7, 2001
Agriculture Department Environmental Protection Agency See Animal and Plant Health Inspection Service RULES NOTICES Air pollution control: Agency information collection activities: State operating permits programs— Proposed collection; comment request, 63520 California, 63503–63512 NOTICES Animal and Plant Health Inspection Service Environmental statements; availability, etc.: RULES Agency statements— Interstate transportation of animals and animal products Comment availability, 63533–63534 (quarantine): Weekly receipts, 63532–63533 Equines; commercial transportation to slaughter facilities, Pesticide, food, and food additive petitions: 63587–63617 Ecolab Inc., 63534–63537 Toxic and hazardous substances control: Blind or Severely Disabled, Committee for Purchase From New chemicals— People Who Are Receipt and status information, 63537–63544 See Committee for Purchase From People Who Are Blind or Severely Disabled Executive Office of the President See Presidential Documents Commerce Department See International Trade Administration Federal Aviation Administration RULES Committee for Purchase From People Who Are Blind or Class E airspace; correction, 63489 Severely Disabled VOR Federal airways and jet routes, 63489–63490 NOTICES PROPOSED RULES Procurement list; additions and deletions, 63520–63521 Federal airways, 63517–63518 NOTICES Committee for the Implementation of Textile Agreements Meetings: NOTICES RTCA, Inc., 63582 Cotton, wool, and man-made textiles: China, 63524–63525 Federal Communications Commission Turkey, 63526 RULES Common carrier services: Customs Service Satellite communications— RULES 18 GHz band redesignation, satellite earth stations Merchandise, special classes: blanket licensing in Ka-band, and additional Import restrictions— spectrum allocation for broadcast satellite-service Bolivia; archaeological and ethnological materials, use, 63512–63516 63490–63499 NOTICES Emergency Alert Systems: Education Department Decoders for deaf and hard of hearing persons; use at low NOTICES power FM broadcast stations and small cable Agency information collection activities: television systems, 63544 Submission for OMB review; comment request, 63526 Rulemaking proceedings; petitions filed, granted, denied, Grants and cooperative agreements; availability, etc.: etc., 63545 Talent Search Program, 63526–63527 Federal Energy Regulatory Commission Employment Standards Administration NOTICES See Wage and Hour Division Electric rate and corporate regulation filings: NOTICES Rocky Mountain Power, Inc., et al., 63529–63531 Minimum wages for Federal and federally-assisted Environmental statements; notice of intent: construction; general wage determination decisions, Texas Eastern Transmission, LP, 63531–63532 63564–63565 Applications, hearings, determinations, etc.: Michigan Gas Storage Co., 63528 Energy Department Nevada Power Co. et al., 63528–63529 See Federal Energy Regulatory Commission NOTICES Federal Highway Administration Committees; establishment, renewal, termination, etc.: NOTICES Biological and Environmental Research Advisory Environmental statements; notice of intent: Committee, 63527–63528 Cross Harbor Freight Movement Project, NY and NJ, Grants and cooperative agreements; availability, etc.: 63582–63583 University Research for Geothermal Program, 63528 Desha County et al., AR, 63583
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Federal Housing Finance Board Interior Department NOTICES See Fish and Wildlife Service Meetings; Sunshine Act, 63545 See Land Management Bureau See National Park Service Federal Railroad Administration NOTICES Internal Revenue Service Environmental statements; notice of intent: NOTICES Cross Harbor Freight Movement Project, NY and NJ, Agency information collection activities: 63582–63583 Proposed collection; comment request, 63585–63586 Meetings: Federal Reserve System Citizen Advocacy Panels— NOTICES New York Metro District, 63586 Banks and bank holding companies: Change in bank control, 63545 International Trade Administration Formations, acquisitions, and mergers, 63545 NOTICES Antidumping: Federal Trade Commission Corrosion-resistant carbon steel flat products from— NOTICES Korea, 63521–63522 Fair Credit Reporting Act: Silicomanganese from— Disclosure charges, 63545–63546 Kazakhstan and India, 63522–63523 Countervailing duties: Fish and Wildlife Service Cold-rolled carbon steel flat products from— NOTICES Various countries, 63523–63524 Marine mammals: International Trade Commission Incidental taking; authorization letters, etc.— Oil and gas industry activities; polar bears, 63548 NOTICES Import investigations: Food and Drug Administration Bar clamps, bar clamp pads, and related packaging, RULES display, and other materials, 63558–63559 Animal drugs, feeds, and related products: Semiconductor timing signal generator devices, Monensin, 63500 components, and devices containing same, 63559– Sponsor name and address changes— 63560 Phibro Animal Health, Inc., 63499–63500 Meetings; Sunshine Act, 63560 PROPOSED RULES Justice Department Animal drugs, feeds, and related products: See Immigration and Naturalization Service Imported food products of animal origin; drug residue tolerances, 63519 Labor Department NOTICES See Employment Standards Administration Reports and guidance documents; availability, etc.: See Wage and Hour Division Medical devices— Cardiac ablation catheters generic arrhythmia Land Management Bureau indications for use, 63546–63547 NOTICES Environmental statements; notice of intent: General Accounting Office Colorado Canyon National Conservation Area, CO and NOTICES UT; management plan, 63548–63549 Financial management systems: Joint Financial Management Improvement Program— National Highway Traffic Safety Administration Acquisition/financial systems interface requirements; NOTICES exposure draft; comment request, 63546 Motor vehicle safety standards; exemption petitions, etc.: General Motors Corp., 63584–63585 Health and Human Services Department See Food and Drug Administration National Park Service NOTICES Housing and Urban Development Department Environmental statements; availability, etc.: NOTICES Lassen Volcanic National Park, CA, 63549–63550 Grant and cooperative agreement awards: Meetings: Indian Housing Drug Elimination Program; correction, Aniakchak National Monument Subsistence Resource 63547 Commission, 63550–63551 Grants and cooperative agreements; availability, etc.: Gates of Arctic National Park Subsistence Resource Facilities to assist homeless— Commission, 63551 Excess and surplus Federal property, 63548 Wrangell-St. Elias National Park Subsistence Resource Commission, 63551–63552 Immigration and Naturalization Service National Register of Historic Places: NOTICES Pending nominations, 63552–63554 Agency information collection activities: Native American human remains and associated funerary Submission for OMB review; comment request, 63560– objects: 63564 Capitol Reef National Park, UT— 30317 Buffalo-hide shields from Torrey, UT, 63554–63557
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Chugach National Forest, AK— Textile Agreements Implementation Committee Harpoon points, etc., from Esther and Campbell Bays, See Committee for the Implementation of Textile AK, 63557 Agreements Michael C. Carlos Museum, Emory University, GA— Inventory from Bartow County, GA, 63557–63558 Thrift Supervision Office PROPOSED RULES Nuclear Regulatory Commission Savings and loan holding companies: NOTICES Authority to engage in financial activities, 63517 Environmental statements; availability, etc.: Consumers Energy Co., 63567–63568 Transportation Department Applications, hearings, determinations, etc.: See Federal Aviation Administration Rochester Gas & Electric Corp., 63565–63566 See Federal Highway Administration Vermont Yankee Nuclear Power Corp., 63566–63567 See Federal Railroad Administration See National Highway Traffic Safety Administration Pension Benefit Guaranty Corporation NOTICES Treasury Department Agency information collection activities: See Customs Service Submission for OMB review; comment request, 63568 See Internal Revenue Service See Thrift Supervision Office Presidential Documents ADMINISTRATIVE ORDERS Wage and Hour Division Refugee admissions, fiscal year 2002 (Presidential RULES Determination No. 02-04 of November 21, 2001), Civil monetary penalties, inflation adjustment, 63501– 63487–63488 63503 Public Health Service See Food and Drug Administration Separate Parts In This Issue Securities and Exchange Commission NOTICES Part II Investment Company Act of 1940: Agriculture Department, Animal and Plant Health Exemption applications— Inspection Service, 63587–63617 Touchstone Variable Series Trust et al., 63572–63581 Self-regulatory organizations; proposed rule changes: Part III New York Stock Exchange, Inc., 63581–63582 State Department, 63619–63620 Applications, hearings, determinations, etc.: Public utility holding company filings, 63569–63572 Reader Aids Small Business Administration Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Agency information collection activities: and notice of recently enacted public laws. Submission for OMB review; comment request, 63582 To subscribe to the Federal Register Table of Contents State Department LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Terrorist organization designations under USA PATRIOT archives, FEDREGTOC-L, Join or leave the list (or change Act; list, 63619–63620 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Administrative Orders: Presidential Determinations: No. 02–07 of November 21, 2001 ...... 63487 9 CFR 70...... 63588 88...... 63588 12 CFR Proposed Rules: 584...... 63517 14 CFR 71 (2 documents) ...... 63489 Proposed Rules: 71...... 63517 19 CFR 12...... 63490 21 CFR 510...... 63499 558 (2 documents) ...... 63499, 63500 Proposed Rules: 500...... 63519 29 CFR 578...... 63501 579...... 63501 580...... 63501 40 CFR 70...... 63503 47 CFR 25...... 63512 101...... 63512
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Federal Register Presidential Documents Vol. 66, No. 236
Friday, December 7, 2001
Title 3— Presidential Determination No. 02–04 of November 21, 2001
The President Presidential Determination on FY 2002 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Pursuant to Sections 207 and 101(a)(42), Respectively, of the Immigration and Nationality Act, and Determination Pursu- ant to Section 2(b)(2) of the Migration and Refugee Assist- ance Act, as Amended
Memorandum for the Secretary of State
In accordance with section 207 of the Immigration and Nationality Act (the ‘‘Act’’) (8 U.S.C. 1157), as amended, and after appropriate consultations with the Congress, I hereby make the following determinations and authorize the following actions: The admission of up to 70,000 refugees to the United States during FY 2002 is justified by humanitarian concerns or is otherwise in the national interest; provided, however, that this number shall be understood as includ- ing persons admitted to the United States during FY 2002 with Federal resettlement assistance under the Amerasian immigrant admissions pro- gram, as provided below. The 70,000 admissions numbers shall be allocated among refugees of special humanitarian concern to the United States in accordance with the following regional allocations; provided, however, that the number allocated to the East Asia region shall include persons admitted to the United States during FY 2002 with Federal refugee resettlement assistance under section 584 of the Foreign Operations, Export Financing, and Related Programs Appro- priations Act of 1988, as contained in section 101(e) of Public Law 100– 202 (Amerasian immigrants and their family members); provided further that the number allocated to the former Soviet Union shall include persons admitted who were nationals of the former Soviet Union, or in the case of persons having no nationality, who were habitual residents of the former Soviet Union, prior to September 2, 1991:
Africa 22,000 East Asia 4,000 Eastern Europe 9,000 Former Soviet Union 17,000 Latin America/Caribbean 3,000 Near East/South Asia 15,000 Unused admissions numbers allocated to a particular region may be trans- ferred to one or more other regions if there is an overriding need for greater numbers for the region or regions to which the numbers are being transferred. You are hereby authorized and directed to consult with the Judiciary Committees of the Congress prior to reallocation of numbers from one region to another. Pursuant to section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, as amended, I hereby determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States and designate such persons for this purpose. An additional 10,000 refugee admissions numbers shall be made available during FY 2002 for the adjustment to permanent resident status under section
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290(b) of the Immigration and Nationality Act (8 U.S.C. 1159(b)) of aliens who have been granted asylum in the United States under section 208 of the Act (8 U.S.C. 1158), as this is justified by humanitarian concerns or is otherwise in the national interest. In accordance with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)) and after appropriate consultation with the Congress, I also specify that, for FY 2002, the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence: (a) Persons in Vietnam (b) Persons in Cuba (c) Persons in the former Soviet Union You are authorized and directed to report this determination to the Congress immediately and to publish it in the Federal Register. W THE WHITE HOUSE, Washington, November 21, 2001.
[FR Doc. 01–30449 Filed 12–6–01; 8:45 am] Billing code 4710–10–M
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Rules and Regulations Federal Register Vol. 66, No. 236
Friday, December 7, 2001
This section of the FEDERAL REGISTER § 71.1 [Corrected] Administration, 800 Independence contains regulatory documents having general ASO TN E5 Dayton, TN [CORRECTED] Avenue, SW., Washington, DC 20591; applicability and legal effect, most of which telephone: (202) 267–8783. are keyed to and codified in the Code of 1. On page 39136, column 3, under SUPPLEMENTARY INFORMATION Federal Regulations, which is published under Bradley Memorial Hospital, Cleveland, : 50 titles pursuant to 44 U.S.C. 1510. TN, correct the geographic coordinates The Rule ‘‘(Lat. 35°10′45″ N, long 84°52′56″ W)’’ The Code of Federal Regulations is sold by to read ‘‘(Lat. 35°10′52″ N, long. This action amends Title 14 CFR part the Superintendent of Documents. Prices of 84°52′56″ W)’’. 71 (part 71) by amending the legal new books are listed in the first FEDERAL descriptions of four Federal airways and * * * * * REGISTER issue of each week. eight jet routes that have ‘‘Salt Lake City Issued in College Park, Georgia, on VORTAC’’ included as part of their November 27, 2001. route structure. Currently, the Salt Lake DEPARTMENT OF TRANSPORTATION Wade T. Carpenter, City, UT, VORTAC and the Salt Lake Acting Manager, Air Traffic Division, City International Airport, UT, share the Federal Aviation Administration Southern Region. same location identifier. The fact that [FR Doc. 01–30173 Filed 12–06–01; 8:45 am] the VORTAC and the airport are not 14 CFR Part 71 BILLING CODE 4910–13–M collocated has led to confusion among users. To eliminate this confusion, the [Airspace Docket No. 01–ASO–13] Salt Lake City VORTAC will be renamed DEPARTMENT OF TRANSPORTATION Amendment of Class E Airspace; the ‘‘Wasatch VORTAC.’’ All airways Dayton, TN; Correction with ‘‘Salt Lake City VORTAC’’ Federal Aviation Administration included in their legal descriptions will AGENCY: Federal Aviation be amended to reflect the name change. Administration (FAA), DOT. 14 CFR Part 71 The name change of the VORTAC will ACTION: Final rule; correction [Docket No. FAA–2001–10877; Airspace coincide with the effective date of this Docket No. 01–ANM–13] rulemaking action. SUMMARY: This action corrects an error RIN 2120–AA66 Since this action merely involves in the geographic coordinates of a final editorial changes in the legal rule amending the Class E airspace at Revision of Legal Descriptions of description of three Federal airways, Dayton, TN, that was published in the Multiple Federal Airways in the Vicinity and does not involve a change in the Federal Register on November 27, 2001, of Salt Lake City, UT dimensions or operating requirements of (66 FR 59136), 01–ASO–13. that airspace, notice and public AGENCY: Federal Aviation EFFECTIVE DATE: 0901 UTC, February 21, procedure under 5 U.S.C. 553(b) are 2002. Administration (FAA), DOT. unnecessary. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: The FAA has determined that this regulation only involves an established Walter R. Cochran, Manager, Airspace SUMMARY: This action amends the legal body of technical regulations for which Branch, Air Traffic Division, Federal descriptions of four Federal airways and frequent and routine amendments are Aviation Administration, P.O. Box eight jet routes that use the Salt Lake necessary to keep them operationally 20636, Atlanta, Georgia 30320; City, UT, very high frequency current. Therefore, this regulation: (1) Is telephone (404) 305–5627. omnidirectional range/tactical air not a ‘‘significant regulatory action’’ SUPPLEMENTARY INFORMATION: navigation (VORTAC) in their route under Executive Order 12866; (2) is not structure. Currently, the Salt Lake City History a ‘‘significant rule’’ under DOT VORTAC and the Salt Lake City Regulatory Policies and Procedures (44 Federal Register document 01–29480, International Airport, UT, share the FR 11034; February 26, 1979); and (3) Airspace Docket No. 01–ASO–13, same location identifier. The fact that does not warrant preparation of a published on November 27, 2001 (66 FR the VORTAC and the airport are not Regulatory Evaluation as the anticipated 59136), amended Class E5 airspace at collocated has led to confusion among impact is so minimal. Since this is a Dayton, TN. An error was discovered in users. To eliminate this confusion, the routine matter that will only affect air the geographic coordinates for the Salt Lake City VORTAC will be renamed traffic procedures and air navigation, it Bradley Memorial Hospital point in the ‘‘Wasatch VORTAC.’’ All airways is certified that this rule will not have space. This action corrects that error. with ‘‘Salt Lake City VORTAC’’ a significant economic impact on a included in their legal descriptions will substantial number of small entities Correction to Final Rule be amended, concurrent with the under the criteria of the Regulatory effective date of this final rule, to reflect Accordingly, pursuant to the Flexibility Act. authority delegated to me, the the name change. Jet Routes and domestic VOR Federal geographic coordinates for the Class E5 EFFECTIVE DATE: 0901 UTC, April 18, airways are published in paragraphs airspace area at Dayton, TN, 2002. 2004 and 6010(a), respectively, of FAA incorporated by reference at (14 CFR FOR FURTHER INFORMATION CONTACT: Ken Order 7400.9J, dated August 31, 2001, 71.1 and published in the Federal McElroy, Airspace and Rules Division, and effective September 16, 2001, which Register on November 27, 2001 (66 FR ATA–400, Office of Air Traffic Airspace is incorporated by reference in 14 CFR 59136), is corrected as follows: Management, Federal Aviation 71.1. The jet routes and airways listed
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in this document will be published J–116 [Revised] DEPARTMENT OF THE TREASURY subsequently in the order. From Wasatch, UT via Fairfield, UT; Customs Service List of Subjects in 14 CFR Part 71 Meeker, CO; to Falcon, CO. * * * * * Airspace, Incorporation by reference, 19 CFR PART 12 Navigation (air). J–154 [Revised] [T.D. 01–86] Adoption of the Amendment From Battle Mountain, NV; Bonneville, UT; Wasatch, UT; Rock Springs, WY; INT RIN 1515–AC95 In consideration of the foregoing, the Rock Springs 106° and Mile High, CO, 322° Federal Aviation Administration radials; Mile High; INT Mile High 133° and Import Restrictions Imposed on amends 14 CFR part 71 as follows: Garden City, KS, 296° radials; to Garden City. Archaeological and Ethnological * * * * * Materials From Bolivia PART 71—DESIGNATION OF CLASS A, AGENCY: CLASS B, CLASS C, CLASS D, AND J–173 [Revised] Customs Service, Treasury. CLASS E AIRSPACE AREAS; From Wasatch, UT, to Meeker, CO. ACTION: Final rule. AIRWAYS; ROUTES; AND REPORTING * * * * * SUMMARY: This document amends the POINTS Paragraph 6010(a) Domestic VOR Federal Customs Regulations to reflect the 1. The authority citation for 14 CFR Airways imposition of import restrictions on part 71 continues to read as follows: * * * * * certain archaeological and ethnological materials originating in Bolivia. These Authority: 49 U.S.C. 106(g), 40103, 40113, V–21 [Revised] 40120; E.O. 10854,24 FR 9565, 3 CFR, 1959– restrictions are being imposed pursuant 1963 Comp., p. 389. From Santa Catalina, CA, via Seal Beach, to an agreement between the United CA; Paradise, CA; 35 miles, 7 miles wide (3 States and Bolivia that has been entered § 71.1 [Amended] miles SE and 4 miles NW of centerline), into under the authority of the 2. The incorporation by reference in Hector, CA; Boulder City, NV; Morman Mesa, Convention on Cultural Property 14 CFR 71.1 of the Federal Aviation NV; Milford, UT; Delta, UT; Fairfield, UT; Implementation Act in accordance with Administration Order 7400.9J, Airspace Wasatch, UT; Ogden, UT; Malad City, ID; the 1970 United Nations Educational, Designations and Reporting Points, Pocatello, ID; Idaho Falls, ID; INT of Idaho ° ° Scientific and Cultural Organization dated August 31, 2001, and effective Falls, 030 and DuBois, ID, 157 radials; (UNESCO) Convention on the Means of DuBois; Dillon, MT; Whitehall, MT; Helena, September 16, 2001, is amended as Prohibiting and Preventing the Illicit follows: MT; Great Falls, MT; Cut Bank, MT; INT Cut Bank 348° radial and the United States/ Import, Export and Transfer of Paragraph 2004 Jet Routes Canadian border. Ownership of Cultural Property. The document amends the Customs * * * * * * * * * * Regulations by adding Bolivia to the list J–9 [Revised] V–32 [Revised] of countries for which an agreement has From Los Angeles, CA, via Daggett, CA; Las From Mustang, NV; via Hazen, NV; been entered into for imposing import ° Vegas, NV; INT Las Vegas 046 and Milford, Lovelock, NV; INT Lovelock 057° and Battle restrictions. The document also contains ° UT, 213 radials; Milford; Fairfield, UT; Mountain, NV, 264° radials; Battle Mountain; the ‘‘Designated List of Archaeological Wasatch, UT; Dubois, ID; Dillon, MT, to Bullion, NV; Bonneville, UT; Wasatch, UT; and Ethnological Material From Great Falls, MT. 17 miles, 45 miles, 105 MSL, Fort Bridger, Bolivia’’ that describes the types of * * * * * WY. articles to which the restrictions apply. J–11 [Revised] * * * * * EFFECTIVE DATE: December 7, 2001. ° From Tucson, AZ, via INT Tucson 320 V–101 [Revised] FOR FURTHER INFORMATION CONTACT: and Phoenix, AZ, 155° radials; Phoenix; From Gill, CO, via Hayden, CO; Vernal, (Legal Aspects) Joseph Howard, Drake, AZ; Bryce Canyon, UT; Fairfield, UT; Intellectual Property Rights Branch to Wasatch, UT. UT; 25 miles, 25 miles 120 MSL, 22 miles 145 MSL, 20 miles 125 MSL, Wasatch, UT; (202) 927–2336; (Operational Aspects) * * * * * Ogden, UT; 61 miles, 26 miles, 109 MSL, Al Morawski, Trade Operations (202) J–12 [Revised] Burley, ID; INT Burley 344° and Pocatello, 927–0402. ° From Seattle, WA, via Ephrata, WA; ID, 286 radials; Hailey, ID, NDB; to the INT SUPPLEMENTARY INFORMATION: Pocatello 286° and Twin Falls, ID, 355° Donnelly, ID; Twin Falls, ID; Wasatch, UT; Background Fairfield, UT; to Grand Junction, CO. radials. * * * * * * * * * * The value of cultural property, whether archaeological or ethnological J–15 [Revised] V–484 [Revised] in nature, is immeasurable. Such items From Humble, TX, via INT Humble 269° From Hailey, ID, NDB; INT Twin Falls, ID, often constitute the very essence of a and Junction, TX, 112° radials; Junction; 007° and Burley, ID, 323° radials; Twin Falls, society and convey important Wink, TX; Chisum, NM; Corona, NM; 49 miles, 34 miles 114 MSL, Wasatch, UT; 25 information concerning a people’s Albuquerque, NM; Farmington, NM; Grand miles, 31 miles, 125 MSL, Myton, UT; 14 origin, history, and traditional setting. miles, 79 MSL, 33 miles, 100 MSL, Grand Junction, CO; Wasatch, UT; Twin Falls, ID; The importance and popularity of such Boise, ID; Kimberly, OR; INT Kimberly 288° Junction, CO; Blue Mesa, CO; INT Blue Mesa and Battle Ground, WA, 136° radials; to 110° and Alamosa, CO, 339° radials; items regrettably makes them targets of Battle Ground. Alamosa. theft, encourages clandestine looting of * * * * * archaeological sites, and results in their Issued in Washington, DC, November 29, illegal export and import. J–56 [Revised] 2001. The U.S. shares in the international From Mina, NV; Wasatch, UT; Hayden, CO; Reginald C. Matthews, concern for the need to protect INT Hayden 090° and Falcon, CO, 317° Manager, Airspace and Rules Division. endangered cultural property. The radials; to Falcon. [FR Doc. 01–30359 Filed 12–6–01; 8:45 am] appearance in the U.S. of stolen or * * * * * BILLING CODE 4910–13–P illegally exported artifacts from other
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countries where there has been pillage certain archaeological and ethnological requirements of the Act, that the has, on occasion, strained our foreign materials from Bolivia as described archaeological materials covered by the and cultural relations. This situation, below. Agreement are of cultural significance combined with the concerns of It is noted that emergency import because they derive from numerous museum, archaeological, and scholarly restrictions on antique ceremonial cultures that developed autonomously communities, was recognized by the textiles from Coroma, Bolivia were in the Andean region and attained a President and Congress. It became previously imposed but are no longer in high degree of technological, apparent that it was in the national effect.(See T.D. 89–37, published in the agricultural, and artistic achievement, interest for the U.S. to join with other Federal Register (54 FR 17529) on but whose underlying political, countries to control illegal trafficking of March 14, 1989, and T.D. 93–34 economic, and religious systems remain such articles in international commerce. published in the Federal Register (58 poorly understood. Also, the The U.S. joined international efforts FR 29348) on May 20, 1993.) The archaeological materials represent a and actively participated in restrictions published in this document legacy that serves as a source of identity deliberations resulting in the 1970 are separate and independent from these and pride for the modern Bolivian UNESCO Convention on the Means of previously imposed emergency import nation. The Acting Assistant Secretary Prohibiting and Preventing the Illicit restrictions. This document removes the determined that the ethnological Import, Export and Transfer of reference in the Customs Regulations in materials play an essential and Ownership of Cultural Property (823 § 12.104g(b) to these expired emergency irreplaceable role in indigenous U.N.T.S. 231 (1972)). U.S. acceptance of import restrictions. Bolivian communities and are vested the 1970 UNESCO Convention was Material Encompassed in Import with symbolic and historic meaning. codified into U.S. law as the Restrictions They are used in ceremonial and ‘‘Convention on Cultural Property ritualistic practices and frequently serve In reaching the decision to Implementation Act’’ (Pub.L. 97–446, 19 as marks of identity within the society. recommend protection for the cultural U.S.C. 2601 et seq.) (‘‘the Act’’). This Serving as testimony to the continuation patrimony of Bolivia, the Acting was done to promote U.S. leadership in of pre-Columbian cultural elements Assistant Secretary for Educational and achieving greater international despite European political domination, Cultural Affairs of the U. S. State cooperation towards preserving cultural they form an emblem of national pride Department determined, pursuant to the treasures that are of importance to the in a society that is largely indigenous. requirements of the Act, that the nations from where they originate and Also, pursuant to the requirements of to achieving greater international cultural patrimony of Bolivia is in the Act, the Acting Assistant Secretary understanding of mankind’s common jeopardy from the pillage of determined that Bolivia has taken heritage. archaeological and ethnological During the past several years, import materials and this pillage is widespread, measures consistent with the restrictions have been imposed on on-going, and systematically destroying Convention to protect its cultural archaeological and ethnological artifacts the non-renewable archaeological and patrimony, and that the application of of a number of signatory nations. These ethnological record of Bolivia. import restrictions set forth in Section restrictions have been imposed as a The archaeological materials which 307 of the Act is consistent with the result of requests for protection received are the subject of the Acting Assistant general interest of the international from those nations as well as pursuant Secretary’s determination represent pre- community in the interchange of to bilateral agreements between the Columbian cultures of Bolivia, range in cultural property among nations for United States and other countries. More date from approximately 10,000 B.C. to scientific, cultural, and educational information on import restrictions can A.D. 1532, and include: (1) Objects purposes. be found on the International Cultural comprised of textiles, featherwork, Designated List Property Protection Web site (http:// ceramics, metals, and lithics (stone); exchanges.state.gov/education/culprop). and (2) perishable remains, such as The bilateral agreement between Import restrictions are now being bone, human remains, wood, and Bolivia and the United States covers the imposed on certain archaeological and basketry that represent cultures categories of artifacts described in a ethnological materials originating in including but not limited to the ‘‘Designated List of Archaeological and Bolivia as the result of a bilateral Formative Cultures (such as Wankarani Ethnological Material from Bolivia,’’ agreement entered into between the and Chiripa, Tiwanaku, and Inca), which is set forth below. Importation of United States and Bolivia (the Tropical Lowland Cultures, and Aymara articles on this list is restricted unless Agreement). The Agreement was Kingdom. The ethnological materials the articles are accompanied by an entered into on December 4, 2001, which are the subject of the Acting appropriate export certificate issued by pursuant to the provisions of 19 U.S.C. Assistant Secretary’s determination the Government of Bolivia or 2602. The archaeological materials represent the Colonial and Republican documentation demonstrating that the subject to the Agreement represent pre- periods, range in date from A.D. 1533 to articles left the country of origin prior Columbian cultures of Bolivia and range 1900, and include: (1) Objects of to the effective date of the import in date from approximately 10,000 B.C. indigenous manufacture and ritual, restriction. to A.D. 1532. The ethnological materials sumptuary, or funeral use related to the List of Archaeological and Ethnological subject to the Agreement are from the pre-Columbian past, which may include Materials From Bolivia Colonial and Republican periods and masks, wood, musical instruments, range in date from A.D. 1533 to 1900. textiles, featherwork, and ceramics; and Archaeological Materials Accordingly, § 12.104g(a) of the (2) objects used for rituals and religious I. Pre-Columbian Ceramics Customs Regulations is being amended ceremonies, including Colonial religious to indicate that restrictions have been art, such as paintings and sculpture, Ceremonial, sumptuary, and funerary imposed pursuant to the Agreement reliquaries, altars, altar objects, and ceramics representing the following between the United States and Bolivia. liturgical vestments. principal cultures: This document amends the regulations The Acting Assistant Secretary also A. Formative Cultures (2000 B.C.– by imposing import restrictions on determined, pursuant to the A.D. 400)
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Decoration: Ceramics are broadly to refer to all Formative Period red, grey, orange, white, black, and monochrome in appearance from the ceramics. reddish-brown for intricate geometric use of red, tan, or pale orange slip designs. C. Chiripa (1500 B.C.–A.D. 200) against a fire-clouded surface; some Forms: Bowl, vase (lebrillo), pitcher, forms are black and finely polished. Decoration: Generally red or black jar, figurine, cup, beaker (kero), portrait Some show use of polychrome slip slipped surfaces, with cream, yellow, or vessel, plate, oil lamp (mechero), paints in red, orange, black, and yellow. black painted geometric designs. Effigy incense burner (sahumerio), and The surface exterior is polished or vessels and fineware jars are often challador. burnished. There is some use of painted and incised. Yellow-painted, Size: Varies according to form. applique and incision. incised, and modeled flat-based jars are Identifying features: After the demise Forms: Plates (ch’illami), open bowls, distinct. of the Tiwanaku empire, local ceramic vases, double-cylinder vases with bridge Forms: Bowls, vases, pitchers, jars, traditions re-emerged. Design elements handles, beakers with vertical handles, effigy jars, and figurines. Flat-based such as color and placement on the pitchers, incense burners, portrait jars, restricted bowls with small, animal- vessel are retained from Tiwanaku handled funerary jars, boot-shaped jars, shaped lug handles are common. styles, but religious personages and tripod-base jars, canoe-shaped bowls, Size: Varies according to form. deities are replaced by abstract, double-spout bottles, effigy jars in the Identifying features: Yellow-or cream- geometric designs. shape of humans, animals and birds, painted on red, incised, and modeled Styles: Mollo, Pacajes, Uruquilla, and figurines. flat-based jars and bowls are distinct. Yuna, Chaqui, Lupaqa, Karanga, Size: Varies according to form; The walls of the vessels are thick (5 cm. Charcas, Killaqa, Karanka, Kara Kara, miniatures average 2 cm. in height to 8 cm.) and the rims are thickened. Ciaco, Chuyes, Tomatas, Yampara´, and while over-sized ch’illamis can average The painted decoration is geometric, Mizque Regional. Also referred to as 70 cm. in width/rim diameter. rendered in wide strokes. ‘‘Decadent Tiwanaku.’’ Identifying features: Formative Period Style: Linked to the Wankarani and F. Inca (A.D. 1450–1533) ceramics are plain in appearance but Tiwanaku I styles of the Bolivian their shapes are distinct. Some are highlands. Decoration: Monochrome and polychrome painted vessels utilizing miniature or over-sized (bowls, or D. Tiwanaku (A.D. 600–1200) ch’illami); asymmetrical or lop-sided red, grey, orange, white, black, and (boot-shaped jars); and unconventional Decoration: Well-fired (hard), reddish-brown for intricate geometric (beakers with vertical handles, canoe- polychrome pottery in black on red or designs arranged in bands. shaped vessels, ‘‘genie lamp’’ shape). combined black, red, yellow, orange, Forms: Cook pot, bowl, vase (lebrillo), Styles: Formative Period style gray, brown, and white. Design motifs pitcher, jar (arı´balo), figurine, cup, kero ceramics are distributed throughout include human and divine (beaker), portrait vessel, plate, oil lamp Bolivia. These include: Chiripa, Fluke, representations, pumas, jaguars, birds, (mechero), incense burner (sahumerio), Kaluyo/Qaluyu, Wankarani, Salar de and geometric elements. On many funerary urn, bottle (angara), challador, Uyuni, Urus, Chipayas, Tupuraya, beakers, the design is complex. Plastic storage vessel. Mojocoya, Pocona, Mizque, Aiquile, decoration includes modeling, incision, Size: Varies according to form; Beni, Pando, Santa Cruz regions, and and applique. funerary urns and storage vessels can Mojen˜ as styles. Other terms used Forms: Bowls, plates, urns, vases, average one meter in height. include: Quillacollo, Cliza, Llampara, lebrillos, flat-bottomed beakers, incense Identifying features: The most Inquisivi, Navillera, Tapacarı´, Capinota, burners (sahumerios), lamps (mechero), recognizable form of these ceramics is Parotani, Chullpa Pampa, Sacaba, effigy jars, portrait vessels, bottles, flat- the flat-based beaker or kero. These Tiraque, Chullpa Pata, Santa Lucia, bottomed bottles, challadores, and some average about 10 cm. in height and are Arani, Sierra Mokho, and Sauces. tripod forms. The rim edges of some painted with complex geometric and beakers are scalloped. naturalistic designs in polychrome B. Wankarani (1600 B.C.–A.D. 100) Size: Varies according to form; storage colors, often adorned at or near the rim Decoration: Typically monochrome, jars are known to be up to one meter in by a modeled puma, llama, or jaguar slipped vessels in red or black and well- height. head. Keros are often decorated in the polished. Black stripes against a red Identifying features: Tiwanaku style called Tocapu, an Inca design surface are also common. Incision, finewares are typically polychrome and consisting of horizontally and vertically punctate, and applique are used for often exhibit complex images of cats, arranged squares with abstract and surface decoration on effigy vessels. llamas, or personages bearing a staff in geometric motifs in each square. Forms: Plates (ch’illami), open bowls, each outstretched arm. Beakers and Styles: Inca, Yampara´, Lakatambo, vases, beakers with vertical handles, plates often bear an open-mouthed Colla, Yura, and Pacajes. pitchers, incense burners, portrait jars, feline or llama adornment along the rim G. Tropical Lowland Cultures (1400 double-spout bottles, funerary urns, edge. Some decorated jars (lebrillos) are B.C.–A.D. 1533): ladles, conical vases with circular bases, short-bodied with disproportionately effigy jars in the shape of humans, large, outflaring rims. Decoration: Often plain slipped in animals and birds, and figurines. Styles: Tiwanaku I-V, Qalasasaya, colors of red, tan, cream, orange, black, Size: Varies according to form. Qeya, Yampara, Mollo, Omereque, and yellow with bands of geometric Identifying features: Plain forms and Uruquilla, Quillacasa, Yura, Tupuraya, designs. monochrome surface decoration that is Ciaco, Mojocoya, Lakatambo, Colla, and Forms: Bowls, vases, pitchers, jars, well-polished. Most rim edges show a Presto-Puno. Linked to the Wari style of funerary urn, plate, oil lamp, and slight, rounded scallop that often gives Ayacucho, Peru, and the earlier Chiripa challador. the appearance of a misshapen vessel. style of Bolivia. Size: Varies according to form; some Styles: Wankarani ceramics are funerary urns are over one meter in limited in distribution to northeast of E. Aymara Kingdoms (A.D. 1200–1450) height. Lake Titicaca and north of Lake Poopo. Decoration: Monochrome and Identifying features: Soft pastes The term Wankarani is sometimes used polychrome painted vessels utilizing containing organic inclusions.
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Styles: Casarabe, Mamore´, San Jua´n, Found in either a solid color or simple from cotton or camelid fibers and dyed Palmar, Vanegas, and Chane´. polychrome geometricized design. Bag with natural pigments in red, blue, belts are long rectangular sashes green, orange, yellow, tan, brown, black, H. Ceramic Musical Instruments comprised of one piece of cloth folded purple, or a combination of colors. (Formative Cultures—Inca, including length-wise that contain an opening in Designs are typically stripes arranged Tropical Lowland Cultures) the top and are secured to the waist by across the cloth in a vertical or Decoration/Form: Ceramic musical braided straps. horizontal pattern or along the margins instruments include whistles, flutes, 4. Hat, headband: Includes of the garment. Average size is one rattles, and panpipes. Often plain polychrome caps, four-cornered hats square meter. slipped in colors of red, tan, cream, with tassels (gorro), headbands, and 2. Tunic (unku, ccahua): Man’s orange, black, and yellow or painted small cloths sometimes used as head- ceremonial vestment constructed from with intricate polychrome designs. coverings by women (icun˜ a) which were one piece of cloth which is folded in Size: Panpipes range between 20 cm. either woven or knotted and dyed with half and sewn up the sides, leaving and 120 cm.; whistles and rattles are natural pigments in red, blue, green, openings for the arms at the top and an typically hand size; flutes range from 20 orange, yellow, tan, brown, black, opening in the middle for the head. cm. to 120 cm. purple, or a combination of colors. Woven from cotton or camelid fibers Styles and distribution: Whistle/flute When present, designs are geometric or and dyed with natural pigments in red, (ocarina or silbato); Rattle (sonajera); depict highly stylized animals, such as blue, green, orange, yellow, tan, brown, Flute/panpipe (zampon˜ a). Distributed llamas and other camelids. black, purple, or a combination of throughout all parts of Bolivia. 5. Bag/pouch (ch’uspa, huallquepo): colors. Designs are typically found in Carried by both men and women; woven II. Pre-Columbian Textiles the hip, sleeve, and neck areas, but there from cotton or camelid fibers in a are examples of more elaborate designs Ceremonial, sumptuary, and funerary variety of widths, lengths and colors. which cover the entire garment; plain textiles representing the following Found in either a solid color or simple vertical stripe designs across the principal cultures: polychrome stripe pattern arrangement garment are also known. Average size is A. Tiwanaku with geometric motifs. These bags are 135 cm. x 92 cm. usually square (20 cm.) or rectangular 3. Dress (aksu/urku): Woman’s 1. Shawl/mantle (awayo, ahuayo, with a woven carrying strap. They often ceremonial vestment woven from lliclla, llacota): Square or rectangular contain small pockets on the pouch camelid fiber constructed from one garment composed of two pieces of exterior and are decorated with tassels. cloth sewn together. Woven from cotton 6. Cloth: Square, rectangular, or piece of cloth that is wrapped around and/or camelid fibers and dyed with fragmentary cloth woven from cotton or the body. These are dyed with natural natural pigments in red, blue, green, camelid fibers, or constructed from soft pigments in red, blue, green, orange, orange, yellow, tan, brown, black, tree bark or other natural fiber, and dyed yellow, tan, brown, black, purple, or a purple, or a combination of colors. with natural pigments in red, blue, combination of colors. The vestments Fabric designs include: (1) Stripes green, orange, yellow, tan, brown, black, are plain or striped. Average length is arranged across the cloth in a vertical or purple, or a combination of colors. 1.5 meters. horizontal pattern; (2) repetitive Some examples are striped in a vertical 4. Belts and bag belts (chumpi, wak’a): arrangements of llamas or other animal or horizontal pattern. Tapestry wall- Worn by both men and women; woven motifs; (3) patterns created from tie-dye, hangings often exhibit complex from cotton or camelid fibers in a checkerboards, and repetitive squares or geometric or animal designs arranged in variety of widths, lengths, and colors. cloth patchwork. Average size is one repetitive patterns. Average size ranges Found in either a solid color or simple square meter. between six square centimeters and six polychrome geometricized design. Bag 2. Tunic (unku, ccahua): Man’s square meters. Cloth may be belts are long rectangular sashes ceremonial vestment constructed from fragmentary, folded flat, or bundled comprised of one piece of cloth folded one piece of cloth which is folded in (q’epi) for use in ritual ceremonies. length-wise that contain an opening in half and sewn up the sides, leaving Women’s ritual cloth, called icun˜ a or the top and are secured to the waist by openings for the arms at the top and an tari, is also included in this category. braided straps. opening in the middle for the head. 7. Featherwork: Colorful, tropical 5. Hat (chucu) or headband: The Woven from cotton and/or camelid feathers attached to leather, cloth, wood, Aymara chucu is a conical shaped cap fibers, often in tapestry weave, and dyed or other material, such as basketry, to that is attached to the head with a with natural pigments in red, blue, create adornments worn on the wrists, headband. These were woven from green, orange, yellow, tan, brown, black, ankles, neck, waist, back, and head, camelid fibers and dyed with natural purple, or a combination of colors. including the lips and ears. Most pigments in red, blue, green, orange, Designs are typically found in the hip, typically found are headdresses, which yellow, tan, brown, black, purple, or a sleeve, and neck areas but there are may consist of small crowns (30 cm. combination of colors. When present, more elaborate examples where designs average) or large, towering bonnets of designs are geometric or depict highly cover the entire garment: (1) Stripes feathers (80 cm.). This category also stylized animals, such as llamas and arranged across the cloth in a vertical or includes feather-covered ritual belts and other camelids. horizontal pattern; (2) repetitive textiles (35–70 cm.), fans (250 cm. long), 6. Bag/pouch (ch’uspa, huallquepo, arrangements of llamas or other animal staves or batons (145–250 cm.), basketry istalla): Carried by both men and motifs; (3) patterns created from tie-dye, supports, and healer’s amulets or women, woven from cotton or camelid checkerboards, repetitive squares or photadi (80–250 cm.). fibers in a variety of widths, lengths, cloth patchwork. Average size is 135 and colors. Found in either a solid color cm. x 92 cm. B. Aymara Kingdom or simple polychrome stripe pattern 3. Belts and bag belts (chumpi, wak’a): 1. Shawl/mantle (awayo, ahuayo, arrangement with geometric motifs. Worn by both men and women, woven lliclla, llacota, iscayo): Square or These bags are usually square (20 cm.) from cotton or camelid fibers in a rectangular garment composed of two or rectangular with a woven carrying variety of widths, lengths, and colors. pieces of cloth sewn together. Woven strap. They often contain small pockets
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on the pouch exterior and are decorated Inca design consisting of horizontally (q’epi) for use in ritual ceremonies. with tassels. and vertically arranged squares with Woman’s ritual cloth, called icun˜ a, tari, 7. Cloth: Square, rectangular, or abstract and geometric motifs in each or n˜ an˜ aca, is also included in this fragmentary cloth woven from cotton or square. Average size is 135 cm. x 92 cm. category. Cumbi, or ‘‘royal Inca cloth,’’ camelid fibers, or constructed from soft 3. Dress (aksu/urku): Woman’s refers to a finely woven, soft cloth tree bark or other natural fiber, and dyed ceremonial dress woven from camelid produced for Inca dignitaries and is with natural pigments in red, blue, fiber and constructed from a analogous to gold in value. Often baby green, orange, yellow, tan, brown, black, rectangular, two-piece cloth that is alpaca wool was utilized. purple, or a combination of colors. wrapped around the body and tied at 8. Knotted Strings or quipu (k’ipu, Some examples are striped in a vertical the waist. These are dyed with natural khipu): Quipus are knotted string or horizontal pattern. Average size pigments in red, blue, green, orange, devices used to count and record. They ranges between six square centimeters yellow, tan, brown, black, purple, or a were created from woven cotton and/or and six square meters. Cloth may be combination of colors. The vestments camelid fiber twine. They appear as sets fragmentary, folded flat, or bundled are normally plain or striped, but during of knotted strings in colors, such as tan, (q’epi) for use in ritual ceremonies. the Inca Period, many were made from cream, brown, or coffee. Quipus range Woman’s ritual cloth, called icun˜ a or cumbi (see Inca cloth) and decorated in in size from hand-size to 2.5 meters in tari, is also included in this category. striped patterns (usually horizontal) of length. 8. Featherwork: Consists of colorful, geometric motifs. Average length is 1.5 9. Featherwork: Colorful, tropical tropical feathers attached to leather, meters. feathers attached to leather, cloth, wood, cloth, wood, or other material, such as 4. Belts and bag belts (chumpi, wak’a): or other material to create adornments basketry, to create adornments worn on Worn by both men and women, woven worn on the wrists, ankles, neck, waist, the wrists, ankles, neck, waist, back, and from cotton or camelid fibers in a back, and head, including the lips and head, including the lips and ears. Most variety of widths, lengths, and colors. ears. Most typically found are typically found are head dresses, which Found in either a solid color or simple headdresses, which may consist of small may consist of small crowns (30 cm. polychrome geometricized design. Bag crowns (30 cm. average) or large, average) or large, towering bonnets of belts are long rectangular sashes towering bonnets of feathers (80 cm.). feathers (80 cm.). This category also comprised of one piece of cloth folded This category also includes feather- includes feather-covered ritual belts and length-wise that contain an opening in covered ritual belts and textiles (35–70 textiles (35–70 cm.), fans (250 cm. long), the top and are secured to the waist by cm.), fans (250 cm. long), staves or staves or batons (145–250 cm.), basketry braided straps. batons (145–250 cm.), basketry supports, and healer’s amulets or 5. Hat (chuc, n˜ an˜ aca) or headband: supports, and healer’s amulets or photadi (80–250 cm.). The chucu is a conical shaped cap that photadi (80–250 cm.). is attached to the head with a headband. C. Inca These were woven from camelid fibers D. Tropical Lowland Cultures 1. Shawl/mantle (awayo, ahuayo, and dyed with natural pigments in red, 1. Cloth: Square, rectangular, or lliclla, llacota, iscayo): Square or blue, green, orange, yellow, tan, brown, fragmentary cloth woven from cotton, or rectangular garment composed of two black, purple, or a combination of constructed from soft tree bark or other pieces of cloth sewn together. Woven colors. When present, designs are natural fiber, and dyed with natural from cotton or camelid fibers and dyed geometric or depict highly stylized pigments in red, blue, green, orange, with natural pigments in red, blue, animals, such as llamas and other yellow, tan, brown, black, purple, or a green, orange, yellow, tan, brown, black, camelids. N˜ an˜ acas are head coverings combination of colors. Some examples purple, or a combination of colors. worn by women that range in size are striped in a vertical or horizontal Designs are typically stripes arranged between 10 square cm. and one square pattern. Average size ranges between six across the cloth in a vertical or meter. square centimeters and six square horizontal pattern or along the margins 6. Bag/pouch (ch’uspa, huallquepo, meters. Cloth may be fragmentary, of the garment. Average size is one istalla): Carried by both men and folded flat, or bundled (q’epi) for use in square meter. women; woven from cotton or camelid ritual ceremonies. 2. Tunic (unku, ccahua): Man’s fibers in a variety of widths, lengths, 2. Featherwork: Colorful, tropical ceremonial vestment constructed from and colors. Found in either a solid color feathers attached to leather, cloth, wood, one piece of cloth which is folded in or simple polychrome stripe pattern or other material to create adornments half and sewn up the sides, leaving arrangement with geometric motifs. worn on the wrists, ankles, neck, waist, openings for the arms at the top and an These bags are usually square (20 cm.) back, and head, including the lips and opening in the middle for the head. or rectangular with a woven carrying ears. Most typically found are Woven from cotton and/or camelid strap. They often contain small pockets headdresses, which may consist of fibers, often in tapestry weave, and dyed on the pouch exterior and are decorated small, modest crowns (30 cm. average) with natural pigments in red, blue, with tassels. or large, towering bonnets of feathers green, orange, yellow, tan, brown, black, 7. Cloth and cumbi: Square, (80 cm.). This category also includes purple, or a combination of colors. rectangular, or fragmentary cloth woven feather-covered ritual belts and textiles Designs are typically found in the hip, from fine cotton and/or camelid fibers, (35–70 cm.), fans (250 cm. long), staves sleeve, and neck areas, but there are or constructed from soft tree bark or or batons (145–250 cm.), and healer’s more elaborate examples where designs other natural fiber, and dyed with amulets or photadi (80–250 cm.). cover the entire garment: (1) Stripes natural pigments in red, blue, green, arranged across the cloth in a vertical or orange, yellow, tan, brown, black, III. Pre-Columbian Metals horizontal pattern; (2) repetitive purple, or a combination of colors. Ceremonial, sumptuary, and funerary arrangements of llamas or other animal Some examples are striped in a vertical metal objects produced and used by motifs; (3) patterns created from tie-dye, or horizontal pattern. Average size indigenous cultures from the Formative checkerboards, and repetitive squares or ranges between six square centimeters Period to A.D. 1533: cloth patchwork. Tunics are often and six square meters. Cloth may be A. Axe: Made of copper, bronze, or decorated in the style called Tocapu, an fragmentary, folded flat, or bundled gold. Generally flat with rounded head
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and attached to a handle. Average size N. Mask: Made of copper, bronze, alabaster, lapis lazuli, sodalite, obsidian, is 15 cm. long x 10 cm. wide. Formative silver, gold, or tumbaga. Usually quartz, malachite, green stone, or other Cultures—Inca. hammered, unadorned metal plaque semi-precious stone. Exterior is finely B. Chisel: Made of copper, bronze, that is sometimes inlaid with semi- polished. Often found in matching silver, gold, or tumbaga. Long stem(50 precious stone or shell. Motifs include pairs. Animals are usually camelids. cm.) terminates at short bulbous head felines and humans or combinations of Average size is 5 cm. in height. (10 cm.). Formative Cultures—Inca. the two. Average size is 30 square cm. Formative Cultures—Inca, including C. Clamps/tweezers: Made of copper, O. Pectoral: Made of copper, silver, Tropical Lowland Cultures. bronze, silver, gold, or tumbaga. Short gold, or tumbaga. Flat surface with G. Drinking vessel (kero): These are stem (5 cm.) attaches to thin, flat heads, squared base and curved edge. Often vase-shaped beakers, about 15 cm. in sometimes decorated (10 cm.). decorated with fine incised lines. height, made from grey andesite or Formative Cultures—Inca. Average size is 70 cm. in height. basalt. They often exhibit a puma or D. Knife (tumi): Made of copper, Formative Cultures—Inca. jaguar face on the vessel exterior or bronze, silver, gold, or tumbaga. Flat P. Sheet/plaque: Thin, hammered other stylized geometric design. surface with trapezoidal or squared sheets of copper, silver, gold, or Tiwanaku—Inca. handle and ovaloid or half-moon blade. tumbaga. Often incised or embossed. H. Snuff tablet: These are shallow, Often incised, embossed, or applique Size varies. Formative Cultures—Inca. rectangular trays approximately 20 cm. decoration at base. Average size is 50 Q. Garment pin (tupu): Made of long x 5 cm. wide x 1 cm. in height. cm. in height. Formative Cultures—Inca. copper, bronze, silver, gold, or tumbaga. May be constructed of andesite, basalt, E. Crown: Made of gold or silver. A large pin with a long shaft (15 cm.) alabaster, or other semi-precious stone, Generally flat metal with animal, bird, that usually terminates with flat, discoid or of wood. These small trays are often or geometric designs. Average size is 14 head (4 cm.) often embossed with carved with intricate designs and inlaid cm. in diameter. Formative Cultures— design. Tiwanaku—Inca. with semi-precious stone and/or shell. Inca. IV. Pre-Columbian Stone Formative Cultures—Inca, including F. Diadem: Made of gold or silver. Tropical Lowland Cultures. Generally flat with animal, bird, or Ceremonial, sumptuary, and funerary geometric designs. Average size is 35 stone objects produced and used by I. Sculpture × cm. long 45 cm. wide. Formative indigenous cultures from the Archaic 1. Tenon head: Made of sandstone, Cultures—Inca. period to A.D. 1533: basalt, granite, volcanic tuff, or other G. Bracelet: Made of copper, bronze, A. Projectile point: Made of red, stone. These are carved ashlar stone silver, gold, or tumbaga. Usually tubular black, brown, or transparent obsidian, heads, normally in the shapes of masked form. Average size is 11 cm. in chert, basalt, or other semi-precious humans, jaguars, and pumas that either diameter. Formative Cultures—Inca. stone. Leaf-shape, with or without stem. serve as architectural wall H. Collar: Made of copper, bronze, Average size is 7 cm. long x 3 cm. wide. embellishments at temples and religious silver, gold, or tumbaga. Normally a thin Formative Cultures-Inca, including shrines or are portions of free-standing (4 cm.) band without clasps. Sometimes Tropical Lowland Cultures. Locally monoliths (see also stelae, monolith). contains beads, disks, or pendants. known as Vizcachani style. Small round heads average 50 square Formative Cultures—Inca. B. Axe: Made of red, black, brown or I. Earring or ear plug: Made of copper, transparent obsidian, chert, basalt, or cm., while the heads of columnar stelae bronze, silver, gold, or tumbaga. other semi-precious stone. Leaf-shape, average one square meter. Formative Generally discoid, ring shape, or or rectangular shaped head, with or Cultures—Inca. pendant. Often inlaid with semi- without notches where handle is 2. Animal-shaped: Made of sandstone, precious stones or shell. Average size is attached. Average size is 12 cm. long x basalt, granite, volcanic tuff, or other 4 cm. in diameter. Tiwanaku—Inca. 6 cm. wide. Formative Cultures—Inca, stone. These are carved statues of the J. Necklace: Made of copper, silver, including Tropical Lowland Cultures. head and neck portions of llamas and gold, or tumbaga. Normally a thin(4 cm.) C. Sword: Made of red, black, brown other animals. Because they are not band without clasps. Sometimes or transparent obsidian, chert, basalt, or supported by a base or pedestal, they are contains beads, disks, or pendants. other semi-precious stone. Oblong, leaf- unable to free-stand. Average size is 2 Formative Cultures—Inca. shaped, with or without notches where meters in height. Mostly Formative K. Nose plug (nariguera): Made of handle is attached. Formative Cultures. copper, silver, gold, or tumbaga. Either Cultures—Inca, including Tropical 3. Plaques (lapida): Made of ring shaped (plain, thin band) or a Lowland Cultures. sandstone, basalt, granite, limestone, circular band with applique. Average D. Bead: Made of lapis lazuli, sodalite, volcanic tuff, or other stone. These are size is 3 cm. in diameter. Formative obsidian, quartz, malachite, green stone, rectangular ashlar slabs, 52 cm. long x Cultures—Inca. or other semi-precious stone. Usually 39 cm. wide x 3.5 cm. thick that are L. Belt: Made of copper, bronze, are globular with fine aperture; sculpted on both faces with elaborate silver, gold, or tumbaga. Usually pendants are also known. Average size human, animal, and geometric designs. consists of joined disks or chain links. is 1 cm., although much larger (4 cm.) Mostly Wankarani, Chiripa, and Average size is one meter in length. and much smaller (2 mm.) sizes are Formative Cultures. Formative Cultures—Inca. recognized. Formative Cultures—Inca. 4. Stelae: Made of sandstone, granite, M. Figurine: Made of copper, bronze, E. Lip plug: Made of lapis lazuli, andesite, or other stone. Includes free- silver, gold, or tumbaga. Usually human sodalite, obsidian, quartz, malachite, standing columnar figures, inscribed or animal (camelid) shape. Often found green stone, or other semi-precious columns, and door jambs. These are in pairs. Range in size from miniatures stone. Normally of discoidal shape. typically engraved with masked figures (2 cm. in height) to small statuettes (50 Average size is 2.5 cm. Formative and other personages. Between one and cm. in height). Lauraques are small (3 Cultures—Inca, including Tropical three meters in height. Formative cm. to 7 cm.) amulet-like figurines of Lowland Cultures. Cultures—Inca. brass shaped like humans. Formative F. Idol/conopa/figurine: Small human 5. Monolith: Free-standing columnar Cultures—Inca. or animal shaped statuettes of turquoise, sandstone, granite, andesite, or other
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stone. Between one and three meters in to the spindle via an aperture in the D. Arrow shaft: Created from a solid height. Formative Cultures—Inca. whorl. Often engraved on the exterior piece of wood. Often tipped with gold J. Rock art: Made of sandstone, basalt, with intricate designs. Bead size spear. Size varies from 30 cm. to 3 granite, limestone, volcanic tuff or, averages 2 square centimeters. Flat disks meters long. other stone. These are portions of larger range from 3 cm. to 7 cm. in diameter. E. Necklace: A thin strip (4 cm.) boulders or cave faces that have been Formative Cultures—Inca. without clasps. Sometimes contain chiseled off. They contain simple G. Snuff tablet: These are shallow, beads, disks, seeds, or pendants. images, either painted, carved, or rectangular trays approximately 20 cm. Formative Cultures—Inca. incised, of animals, humans, geometric, long x 5 cm. wide x 1 cm. in height. F. Mask: These are created from a and abstract designs. Sizes range May be constructed of bone, stone, or single slab of wood. Often carved in the between hand-size and several square wood. These small trays are often shape of feline or human face, with slits meters. Formative Cultures—Inca. carved with intricate designs and inlaid for the eyes and mouth. Average size is 30 square cm. and 3 cm. thick. V. Pre-Columbian Shell Figurines with semi-precious stone and/or shell. Formative Cultures—Inca, including Formative Cultures—Inca, including Ceremonial, sumptuary, and funerary Tropical Lowland Cultures. Tropical Lowland Cultures. shell figurines produced and used by H. Inhaler tube: Small bones that have G. Digging stick: These implements indigenous cultures from the Formative been hollowed, polished, and decorated most often take the form of a central period to A.D. 1533. Small human or on the exterior with engraved and staff (one meter in height) to which an animal shaped statuettes of spondylus, polychrome painted designs. Average appendage is added. The central staff is mother-of-pearl, and/or other shell. size is 8 cm. long x 3 cm. in diameter. often carved. The appendage may be Exterior is finely polished. Often found Formative Cultures—Inca, including secured to the staff with bands of in matching pairs. Animals are usually Tropical Lowland Cultures. precious metals such as gold. Inca camelids. Average size is 5 cm. in I. Amulet/talisman (tembeta): Can Culture. height. Formative Cultures—Inca, consist of a single bone engraved on the H. Spindle whorl: Small globular, including Tropical Lowland Cultures. exterior with a design or a bead, amulet, bead-shaped, or flat circular object that or charm made from bone that has been adds weight and balance to spindles VI. Pre-Columbian Mummified Human used to wind thread. The whorl attaches Remains polished, carved, and/or painted. Size ranges from 2 cm. to 40 cm. Formative to the spindle via an aperture in the Whole or partial mummified human Cultures—Inca, including Tropical whorl. Often engraved on the exterior remains, including modified skulls. May Lowland Cultures. with intricate designs. Bead size be wrapped in textiles. Individual limbs J. Lip plug: Either ring shaped (plain, averages 2 square centimeters. Flat disks often contain bracelets and other thin band) or disk shaped. Average size range from 3 cm. to 7 cm. in diameter. precious metal and shell objects. is 3 cm. in diameter. Formative Formative Cultures—Inca. VII. Pre-Columbian Bone Objects Cultures—Inca, including Tropical IX. Pre-Columbian Basketry Ceremonial, sumptuary, and funerary Lowland Cultures. Ceremonial, sumptuary, and funerary bone objects produced and used by K. Flute or panpipe (zampon˜ a): basketry produced and used by indigenous cultures from the Formative Panpipes range between 20 cm. and 120 indigenous cultures from the Formative period to A.D. 1533: cm.; flutes range from 20 cm. to 120 cm. Period to A.D. 1533: A. Punch: Spike-like implement Formative Cultures—Inca, including A. Basket: Round, square, or approximately 14 cm. long and 1 cm. Tropical Lowland Cultures. rectangular containers with or without wide that tapers to a pointed, sharp VIII. Pre-Columbian Wood Objects handles. May be constructed of reeds, head. Formative Cultures—Inca, vines, grasses, or other vegetal fibers. including Tropical Lowland Cultures. Ceremonial, sumptuary, and funerary Sometimes construction is combined B. Needle: Vary in size from 5 cm. to wood objects produced and used by with cloth, animal skin, or wood. Size 15 cm. in length. Formative Cultures— indigenous cultures from the Formative varies from 4 cm. to 1 meter in height. Inca, including Tropical Lowland period to A.D. 1533: Formative Cultures—Inca, including Cultures. A. Drinking vessel (kero): These are Tropical Lowland Cultures. C. Hook: Semicircular implement of vase-shaped beakers, about 15 cm. in B. Casket: Square or rectangular polished bone that often contains barb. height. A puma or jaguar face is often containers with lids and handles. May Approximately 2 cm. in height. modeled onto the vessel exterior and/or be constructed of reeds, vines, grasses, Formative Cultures—Inca, including the wood is carved or engraved with a or other vegetal fibers. Sometimes Tropical Lowland Cultures. stylized geometric design. Tiwanaku— construction is combined with cloth, D. Figurine: Usually human or animal Inca. animal skin, or wood. Size varies from (camelid) shape. Often found in B. Snuff tablet: Shallow, rectangular 50 cm. to 1 meter in height. Formative matching pairs. Range in size from trays approximately 20 cm. long x 5 cm. Cultures—Inca, including Tropical miniatures (2 cm. in height) to small wide x 1 cm. in height. May be Lowland Cultures. statuettes (50 cm. in height). Formative constructed of wood, bone, or stone. C. Headdress: These are supports for Cultures—Inca. These small trays are often carved with featherwork worn on the head. Can be E. Spindle: Long, spine-like object intricate designs and inlaid with semi- up to 60 cm. in length/height. Formative used in weaving to wind thread in precious stone and/or shell. Formative Cultures—Inca, including Tropical conjunction with a spindle whorl. Cultures—Inca, including Tropical Lowland Cultures. Appear as elongated needles with dull Lowland Cultures. edges. Average size is 17 cm. long x 5 C. Bowl or challador: Compartmented Ethnological Materials mm. wide. Formative Cultures—Inca. bowl carved from a single slab of wood, Ethnological materials date from A.D. F. Spindle whorl: Small globular, with or without handles. Carved or 1533 to 1900. Two broad categories are bead-shaped, or flat circular object that engraved decoration on the surface encompassed in the sections below. adds weight and balance to spindles exterior. Size ranges from 9 cm. to 17 Sections I to VI describe artifacts that used to wind thread. The whorl attaches cm. in height. reflect Pre-Columbian traditions and are
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considered religious in nature or are fibers. Used for ritual purposes by the A. Indigenous Highland Traditions: critically linked to indigenous identity Araona Culture of the Tropical 1. Poncho (balandran, ponchito, and ancestral use and/or manufacture. Lowlands. Size ranges from 120 cm. to choni, khawa, challapata): Square or Section VII encompasses artifacts 210 cm. rectangular overgarment worn by men produced for use in Catholic religious E. Tobacco pipe: Straight tubular usually consisting of two pieces of observance. Some of these items may shape, without a bowl, used by Tropical hand-woven cloth sewn together, with a occur in archaeological contexts. Lowland Cultures in religious slit in the center for the head. May be I. Colonial and Republican Masks (A.D. ceremonies. Often, an X is painted as a dyed with natural or synthetic dyes in 1533–1900) clan symbol on one end of the tube. Size all colors. Plain or striped. Often woven ranges from 10 cm. to 15 cm. These masks are constructed of wood, from alpaca or other camelid fibers. III. Colonial and Republican Musical Some with tassels. Average size is 80 leather or skins, silver, tin, cloth, glass × beads, oil painted plaster, fur, feathers, Instruments (A.D. 1533–1900) cm. 100 cm. 2. Dress (almilla/urku/aksu): The or some combination of these materials, Musical instruments created for and almilla is the dress adopted by with the intent of exaggerating the facial used in indigenous ceremonies. These indigenous women in the sixteenth features, particularly the eyes and include: century tailored from hand-woven wool mouth, of the personage or animal in the A. Charango: Stringed instrument, cloth (bayeta). It consists of a gathered dance. Common themes include the similar to a mandolin or ukelele, skirt attached to a fitted bodice. The devil with horns, old men (Awki), manufactured of wood. The bowl of the urku is a pleated or gathered skirt African faces (Moreno), blonde haired/ instrument is sometimes decorated with characterized by a bold stripe pattern blue eyed men with bullet holes in their animal pelts. About 50 cm. in length. arranged horizontally. The aksu is a foreheads (Chunchus), angels, heroines B. Drum (Sancuti bombo, Wankara women’s ceremonial dress woven from (China Supay), and animals. Size varies bombo, muyu muyu, q’aras): Vary in camelid fiber and constructed from a according to the mask. Some are as size and shape. Generally the box is rectangular, two-piece cloth that is small as 40 cm. or as large as 170 cm. cylindrical and made of wood or tree wrapped around the body and tied at All masks produced until 1900 that bark with skins stretched over the frame are associated with the Christian or the waist. May be dyed with natural or to form the heads. Size ranges from 30 synthetic dyes in all colors. Average size indigenous dance rituals of the Colonial cm. to 60 cm. and Republican Periods are included. is one square meter. These include but are not limited to C. Flutes 3. Mantle/shawl (axsu, tsoc urjcu, tscoc irs, medio axsu, llacota, isallo, masks of the following dances: Dance of 1. Flute (rollano, chaxes, lawatos): La Diablada; Dance of La Morenada; awayo, llixlla, iscayo, phullu, talo Made of hollowed wood with leather ˜ ˜ ˜ Dance of Kullawada; Dance of La unkhuna, nanaqa): Square or strips. These flutes are characterized by rectangular garment composed of two Llamerada; Dance of the Chunchus; six holes. Size ranges from 40 cm. to 100 Chutas Dance; Kusillos Dance; pieces of cloth sewn together. May be cm. dyed with natural or synthetic dyes in Chiriguano Dance; Dance of the Inca; 2. Flute (chutu pinquillo): Made of Dance of the Chunchos; Dance of the all colors. Plain or striped. Often woven uncut flamingo bone with six holes. from alpaca or other camelid fibers. Achus; Dance of St. Ignatius of Moxos; Size ranges from 25 cm. to 35 cm. Dance of the Little Angels; Moors and Designs are typically stripes arranged 3. Flute (pifano): Made of bato bone. across the cloth in a vertical or Christians Dance; Dance of the Sun and Size varies. the Moon; Dance of the Little Bull; horizontal pattern or confined to the 4. Flute (jantarco, sicus): Made of margins of one side of the garment. Dance of the Jucumari; Chiriguano wood with flower designs engraved on Ritual; Dance of the Auqui Auqui; Average size is one square meter. the surface. Diamond shaped in cross- 4. Tunic (unku, ira, ccahua): Man’s Dancer Ritual; Dance of the Misti’l Siku; section. Size varies from 10 cm. to 35 ceremonial vestment constructed from Dance of the Little Bull; Dance of the cm. one piece of cloth which is folded in Tundiquis; Dance of the Paqochis. D. Harp: Stringed instrument made of half and sewn up the sides, leaving II. Colonial and Republican Wood wood and animal skin. It contains 30 openings for the arms at the top and an Objects (A.D. 1533–1900) strings. Size ranges from 80 cm. to 150 opening in the middle for the head. Objects in wood that relate to cm. Designs are typically found in the hip, indigenous ceremonial activities. These E. Mandolin: Constructed of wood sleeve, and neck areas, but there are include: and often inlaid with shell. Size varies. more elaborate examples where stripes A. Drinking vessels (kero, keru, q’ero): F. Whistle (ocarina, willusco): Small, cover the entire garment, some with These are vase-shaped beakers, about 15 hand-held whistle made of wood, 7 cm. silver thread. May be dyed with natural cm. in height. During the Colonial Willusco is small, disk shaped whistle or synthetic dyes in all colors. Usually Period, these wooden cups were with design engraved on surface, 3 cm. made from camelid wool, especially polychrome painted with elaborate to 7 cm. alpaca. Average size is 135 cm. × 92 cm. scenes and designs. G. Panpipe (bajo´ n): Made of leaves 5. Bag (chuspa, alforja, kapachos, B. Scepter (Basto´ n de mando): formed into tubes, attached to each huayacas): Carried by both men and Wooden staff made of palm wood and other with cotton thread. Characterized women; woven from cotton or camelid encased in silver with semi-precious by 10 tubes. Size ranges from 120 cm. fibers in a variety of widths, lengths, stones. Size varies from 45–120 cm. to 180 cm. and colors. Found in either a solid color C. Ceremonial vessels (challador H. Violin (tacuara): Made of wood. or simple polychrome stripe pattern cups/vases): The interiors of these Size ranges from 40 cm. to 50 cm. arrangement with geometric motifs. vessels are segmented into These bags are usually square (20 cm.) IV. Colonial and Republican Textiles compartments. Size ranges between 10– or rectangular with a woven carrying (A.D. 1533–1900) 35 cm. strap. They often contain small pockets D. Bow: Constructed with wood, Textiles woven by indigenous peoples on the pouch exterior and are decorated feathers, and other animal and vegetal for ceremonial or ritual use: with tassels.
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6. Belt (w’aka, tsayi, chumpi, wincha, meters. Cloth may be fragmentary, mid-sized canvas (one square meter), or t’isnu): Worn by both men and women; folded flat, or bundled (q’epi) for use in wall-sized renditions. woven from cotton or camelid fibers in ritual ceremonies. D. Reliquaries: Include painted and a variety of widths, lengths, and colors. engraved depictions of patron saints V. Colonial and Republican Found in either a solid color or simple (santos/santas), angels, Christ, the Featherwork (A.D. 1533–1900) polychrome geometric design. Virgin Mary, the apostles, and the Holy 7. Scarf/muffler: Worn by both men Featherwork produced for ceremonial Family primarily on wood, ceramic, and and women; woven from camelid fibers use consists of colorful, tropical feathers metal such as silver. Bolivian reliquaries or sheep’s wool with natural dyes in a attached to leather, cloth, wood, or other are essentially small lockets and do not variety of widths, lengths, and colors. material, such as basketry, to create always contain relics. Size ranges from Consists of one rectangular piece. adornments worn on the wrists, ankles, 3 cm. to 25 cm. Approximately 50 cm. in length. neck, waist, back, and head, including E. Trunks/coffers (petaca): Made of 8. Hat: Caps (10 square cm.) worn by the lips and ears. Most typically found leather and gilded wood or of silver. men and nan˜ acas worn by women that are headdresses, which may consist of These small boxes (30 cm. length) or range in size between 10 square cm. and small, modest crowns (30 cm. average) large trunks (1.5 meters in length) held one square meter. Both are woven from or large, towering bonnets of Suri altar objects, such as chalices and holy camelid fibers and silk, and dyed with feathers (80 cm.). This category also oil, during transport. natural pigments in red, blue, green, includes feather-covered ritual belts and F. Retablo: Made of wood and orange, yellow, tan, brown, black, textiles (35–70 cm.), fans (250 cm. long), precious metals such as gold or silver. purple, or a combination of colors. staves or batons (145–250 cm.), basketry These are altars or architectural wall When present, designs are geometric or supports, and healer’s amulets or facades behind existing altars that depict highly stylized animals such as photadi (80–250 cm.). contain niches and a tabernacle. Often llama and other camelids. disassembled in pieces. May be as large 9. Sling (wichi wichis, qorawas): VI. Colonial and Republican Ceramics as 20 meters high x 7 meters wide; Rectangular band of cloth (25 cm. × 10 (A.D. 1533–1900) portions vary—a niche may be one cm.); long ends taper to a loop where A. Ceremonial drinking vessels square meter. Small, self-contained ropes are attached to either side. (recipiente, andavete, trampavaso): units that appear as boxes with hinged 10. Cloth: Square, rectangular, or Containers and serving vessels used in doors are as small as 40 cm. in height. fragmentary cloth woven from fine the ceremonial context of chicha Miniatures average 5 cm. in height. camelid fibers, silk, and/or silver and drinking. In post-Columbian times, G. Altar pieces: Altars and their gold threads, or constructed from soft these are hard ceramics with glassy components (for example, frontal, tree bark or other natural fiber, and dyed surfaces resulting from the application grates, sacristy) made of gilded wood, with natural pigments in red, blue, of a mineral glaze. May be brown, green, gold, or silver. Often decorated in green, orange, yellow, tan, brown, black, blue, red, or any combination of colors. repousse. Average size is 1.6 meters x purple, or combination of colors. Some Vary in size and shape from handled 1.2 meters. examples are striped in a vertical or jars, pitchers, cups, and vases, to H. Altar objects: These include horizontal pattern. Average size ranges animal-shapes (bull, tiger, llama, hoof). chalices, monstrances/ostensoria, between six square centimeters and six B. Ritual smoking pipes: Tubular cruets, candelabras, lecterns, incense square meters. Cloth may be shape without tobacco bowl. The burners, hand bells typically made of fragmentary, folded flat, or bundled average size is from 10 cm. to 15 cm. gold and silver and decorated with (q’epi) for use in ritual ceremonies. precious stones, shell such as pearl, or VII. Colonial and Republican Religious Woman’s ritual cloth, called icun˜ a, tari, other adornments. Size varies according Art (A.D. 1533–1900) or n˜ an˜ aca, is also included in this to object. This category also includes category. A. Statues: Made of wood, maguey, ceramic, metal, and wooden challadores gesso, silver, gold, bronze, alabaster, or and ceremonial drinking cups. B. Indigenous Lowland Traditions (A.D. other stone and often decorated with gilt I. Church furniture: Made of wood, 1533–1900): paint. Typical statuary for this period silver gold, stone, brass, or bronze. 1. Long shirt (camijeta/ tipois): Tunic- includes depictions of patron saints Includes carved picture frames, like vestment made of cotton or vegetal (santos/santas), angels, Christ, the confessionals, pulpits, pedestals, litters, material such as bark. Tassels often Virgin Mary, the apostles, and the Holy choir stalls, chancels, banisters, lectern, attached to lower edge. Size is 133 cm. Family. Gold and silver crowns and saint’s flags, and church bells and long x 71 cm. wide. other adornments in precious metals chimes. Size varies according to object. 2. Woman’s Two Piece Vestment and precious stone are often found on J. Crowns and radiations: Made of (tsotomo and noca): Long, straight skirt these statues. Some are dressed with silver and gold, these objects are found (noca) and separate bodice (tsotomo) brocade and tapestry cloth made from alone or in conjunction with religious made of cotton or vegetal material such gold and silver threads. Some are statuary depicting the Virgin and Jesus. as bark. Noca size is 50 cm. long × 40 holding objects such as swords. Size Size varies from 10 cm. to 30 cm. cm. wide; Tsotomo size is 11.5 cm. deep varies from 30 cm. to two meters. K. Garment pin (tupu/prendedor): x 35 cm. long. B. Crucifixes: Made of wood, maguey, Made of copper, bronze, brass, silver, 3. Cloth: Square, rectangular, or alabaster, silver, gold, bronze, brass. gold, or tumbaga. A large pin with a fragmentary cloth woven from cotton, or Size varies from 5 cm. to 200 cm. long shaft (15 cm.) that usually constructed from soft tree bark or other C. Oil paintings: Include depictions of terminates with flat, discoid head (4 natural fiber, and dyed with natural patron saints (santos/santas), angels, cm.), often embossed with design. Some pigments in red, blue, green, orange, Christ, the Virgin Mary, the apostles, heads are inlaid with semi-precious yellow, tan, brown, black, purple, or and the Holy Family on wood, metal, stone. combination of colors. Some examples canvas (lienzo), and other cloth. With or L. Liturgical vestments: Garments are striped in a vertical or horizontal without frame. The archangel is a worn by the priest and/or other religious pattern. Average size ranges between six central theme. Oil painting is found on dignitaries made of fine cotton, silk, and square centimeters and six square objects as small as reliquaries (3 cm.), gold and silver thread. This category
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includes the chasuble, dalmatic, alb, subject to the regulatory analysis or PART 12—[AMENDED] stole, girdle, maniple, rochet, musette, other requirements of 5 U.S.C. 603 and mitre, and bonnet. Size varies according 604. 1. The general authority and specific to garment. authority citations for Part 12, in part, Executive Order 12866 continue to read as follows: Inapplicability of Notice and Delayed This amendment does not meet the Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 Effective Date (General Note 22, Harmonized Tariff criteria of a ‘‘significant regulatory Because the amendments to the Schedule of the United States (HTSUS)), action’’ as described in E.O. 12866. Customs Regulations contained in this 1624; document merely remove reference to Drafting Information * * * * * expired import restrictions and impose Sections 12.104 through 12.104i also import restrictions on the above-listed The principal author of this document issued under 19 U.S.C. 2612; cultural property of Bolivia in response was Bill Conrad, Regulations Branch, * * * * * Office of Regulations and Rulings, U.S. to a bilateral agreement entered into in 2. In § 12.104g, paragraph (a), the list furtherance of a foreign affairs function Customs Service. However, personnel of agreements imposing import of the United States, pursuant to the from other offices participated in its restrictions on described articles of Administrative Procedure Act (5 U.S.C. development. cultural property of State Parties, is 553(a)(1)), no notice of proposed List of Subjects in 19 CFR Part 12 amended by adding Bolivia in rulemaking or public procedure is appropriate alphabetical order, as necessary and a delayed effective date is Customs duties and inspections, follows, and paragraph (b), the list of not required. Imports, Cultural property. emergency actions imposing import Regulatory Flexibility Act restrictions, is amended by removing Amendment to the Regulations the entry for ‘‘Bolivia’’: Because no notice of proposed rulemaking is required, the provisions Accordingly, Part 12 of the Customs § 12.104g Specific items or categories of the Regulatory Flexibility Act (5 Regulations (19 CFR Part 12) is designated by agreements or emergency U.S.C. 601 et seq.) do not apply. amended as set forth below: actions. Accordingly, this final rule is not (2) * * *
State party Cultural property T.D. No.
Bolivia ...... Archaeological and Ethnological Material from Bo- T.D. 01–86 livia.
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* * * * * DEPARTMENT OF HEALTH AND DATES: This rule is effective December 7, Dated: December 4, 2001. HUMAN SERVICES 2001. Robert C. Bonner, Food and Drug Administration FOR FURTHER INFORMATION CONTACT: Commissioner of Customs. Lonnie W. Luther, Center for Veterinary Timothy E. Skud, 21 CFR Parts 510 and 558 Medicine (HFV–102), Food and Drug Acting Deputy Assistant Secretary of the Administration, 7500 Standish Pl., New Animal Drugs; Change of Sponsor Treasury. Rockville, MD 20855, 301–827–0209, e- [FR Doc. 01–30417 Filed 12–5–01; 10:36 am] AGENCY: Food and Drug Administration, mail: [email protected]. BILLING CODE 4820–02–P HHS. SUPPLEMENTARY INFORMATION: Koffolk, ACTION: Final rule. Inc., P.O. Box 675935, 14735 Las Quintas, Rancho Santa Fe, CA 92067, SUMMARY: The Food and Drug has informed FDA that it has transferred Administration (FDA) is amending the animal drug regulations to reflect a ownership of, and all rights and interest change of sponsor for six approved new in, the following NADAs to Phibro animal drug applications (NADAs) from Animal Health, 710 Rte. 46 East, suite Koffolk, Inc., to Phibro Animal Health. 401, Fairfield, NJ 07004.
NADA Number Established Names of Ingredients
9–476 ...... Nicarbazin 98–378 ...... Nicarbazin/Bacitracin Methylene Disalicylate 107–997 ...... Nicarbazin/Lincomycin/Roxarsone 108–115 ...... Nicarbazin/Roxarsone 108–116 ...... Nicarbazin/Lincomycin 141–146 ...... Nicarbazin/Bacitracin Zinc
Accordingly, the agency is amending Following the change of sponsor of applications. Therefore, 21 CFR the regulations in 21 CFR 558.366 to these NADAs, Koffolk, Inc., is no longer 510.600(c) is amended to remove the reflect the transfer of ownership. the sponsor of any approved entries for this sponsor.
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This rule does not meet the definition Dated: November 15, 2001. safety and effectiveness data and of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Claire M. Lathers, information submitted to support it is a rule of ‘‘particular applicability.’’ Director, Office of New Animal Drug approval of this application may be seen Therefore, it is not subject to the Evaluation, Center for Veterinary Medicine. in the Dockets Management Branch congressional review requirements in 5 [FR Doc. 01–30299 Filed 12–6–01; 8:45 am] (HFA–305), Food and Drug U.S.C. 801–808. BILLING CODE 4160–01–S Administration, 5630 Fishers Lane, rm. List of Subjects 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through 21 CFR Part 510 DEPARTMENT OF HEALTH AND Friday. HUMAN SERVICES Administrative practice and The agency has determined under 21 procedure, Animal drugs, Labeling, Food and Drug Administration CFR 25.33(a)(1) that these actions are of Reporting and recordkeeping a type that do not individually or requirements. 21 CFR Part 558 cumulatively have a significant effect on 21 CFR Part 558 the human environment. Therefore, New Animal Drugs for Use in Animal neither an environmental assessment Animal drugs, Animal feeds. Feeds; Monensin nor an environmental impact statement Therefore, under the Federal Food, AGENCY: Food and Drug Administration, is required. Drug, and Cosmetic Act and under HHS. This rule does not meet the definition authority delegated to the Commissioner ACTION: Final rule. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because of Food and Drugs and redelegated to it is a rule of ‘‘particular applicability.’’ SUMMARY: the Center for Veterinary Medicine, 21 The Food and Drug Therefore, it is not subject to the Administration (FDA) is amending the CFR parts 510 and 558 are amended as congressional review requirements in 5 animal drug regulations to reflect follows: U.S.C. 801–808. approval of a supplemental new animal PART 510—NEW ANIMAL DRUGS drug application (NADA) filed by List of Subjects in 21 CFR Part 558 MoorMan’s, Inc. The supplemental 1. The authority citation for 21 CFR NADA provides for use of approved Animal drugs, Animal feeds. part 510 continues to read as follows: monensin Type A medicated articles to Therefore, under the Federal Food, Authority: 21 U.S.C. 321, 331, 351, 352, make free-choice, medicated feed blocks Drug, and Cosmetic Act and under 353, 360b, 371, 379e. used for prevention and control of authority delegated to the Commissioner coccidiosis caused by Eimeria bovis and of Food and Drugs and redelegated to § 510.600 [Amended] E. zuernii in pasture cattle. the Center for Veterinary Medicine, 21 DATES: 2. Section 510.600 Names, addresses, This rule is effective December 7, CFR part 558 is amended as follows: and drug labeler codes of sponsors of 2001. approved applications is amended in FOR FURTHER INFORMATION CONTACT: PART 558—NEW ANIMAL DRUGS FOR the table in paragraph (c)(1) by Daniel A. Benz, Center for Veterinary USE IN ANIMAL FEEDS removing the entry ‘‘Koffolk, Inc.,’’ and Medicine (HFV–126), Food and Drug in the table in paragraph (c)(2) by Administration, 7500 Standish Pl., 1. The authority citation for 21 CFR removing the entry ‘‘063271’’. Rockville, MD 20855, 301–827–0223. part 558 continues to read as follows: SUPPLEMENTARY INFORMATION: Authority: 21 U.S.C. 360b, 371. PART 558—NEW ANIMAL DRUGS FOR MoorMan’s, Inc., 1000 North 30th St., USE IN ANIMAL FEEDS Quincy, IL 62305–3115, filed a 2. Section 558.355 is amended by supplement to NADA 115–581 that revising paragraph (f)(3)(v)(a) to read as 3. The authority citation for 21 CFR provides for use of monensin Type A follows: part 558 continues to read as follows: medicated articles to make free-choice, § 558.355 Monensin. Authority: 21 U.S.C. 360b, 371. medicated protein/mineral blocks * * * * * 4. Section 558.366 is amended by (MoorMan’s Mintrate Blonde Block RU redesignating paragraphs (b) and (c) as and MoorMan’s Mintrate Red Block RU) (f) * * * paragraphs (c) and (d), respectively; by used for increased rate of weight gain in (3) * * * cattle on pasture (slaughter, stocker, revising paragraph (a); by adding a new (v) * * * paragraph (b); and in the newly feeder cattle, and dairy and beef redesignated paragraph (d), in the table, replacement heifers) which may require (a) Indications for use. For increased under the headings ‘‘Limitations’’ and supplemental feed. The supplemental rate of weight gain and for prevention ‘‘Sponsor’’ by removing ‘‘063271’’ NADA provides for use of these and control of coccidiosis caused by wherever it appears and by adding in its medicated feed blocks for the Eimeria bovis and E. zuernii. prevention and control of coccidiosis place ‘‘066104’’ to read as follows: * * * * * caused by Eimeria bovis and E. zuernii § 558.366 Nicarbazin. in pasture cattle. The supplemental Dated: November 8, 2001. NADA is approved as of September 27, (a) Specifications. Type A medicated Claire M. Lathers, 2001, and the regulations are amended articles containing 25 percent Director, Office of New Animal Drug in 21 CFR 558.355 to reflect the nicarbazin. Evaluation, Center for Veterinary Medicine. approval. The basis of approval is [FR Doc. 01–30298 Filed 12–6–01; 8:45 am] (b) Approvals. See Nos. 000986, discussed in the freedom of information BILLING CODE 4160–01–S 060728, and 066104 in § 510.600(c) of summary. this chapter for use as in paragraph (d) In accordance with the freedom of of this section. information provisions of 21 CFR part * * * * * 20 and 514.11(e)(2)(ii), a summary of
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DEPARTMENT OF LABOR I. Paperwork Reduction Act The child labor CMP amount was last This rule contains no new adjusted by the Congress in 1990 Wage and Hour Division information collection requirements pursuant to the Omnibus Budget which are subject to review and Reconciliation Act of 1990, Public Law 29 CFR Parts 578, 579, and 580 approval by the Office of Management 101–508 (November 5, 1990), which RIN 1215–AB20 and Budget under the Paperwork raised the former $1,000 maximum Reduction Act of 1995 (44 U.S.C. 3501, child labor CMP amount to $10,000 and Adjustment of Civil Money Penalties et seq.). directed that the amounts be deposited for Inflation into the general fund of the U.S. II. Background Treasury. The $1,000 CMP amount for AGENCY: Wage and Hour Division, The Debt Collection Improvement Act repeated and willful violations of the Employment Standards Administration, of 1996 (Pub. L. 104–134, 110 Stat. minimum wage and overtime provisions Department of Labor. 1321) amended the Federal Civil was established by the Congress under ACTION: Final rule. Penalties Inflation Adjustment Act of the 1989 FLSA Amendments, Public 1990 (Pub. L. 101–410, 104 Stat. 890) to Law 101–157 (November 17, 1989). Due SUMMARY: This document adjusts the require Federal agencies to regularly to inflation since these CMP amounts amount of civil money penalties that were last set in law or adjusted by the may be assessed under the Fair Labor adjust certain civil money penalties (CMPs) for inflation. As amended, the Congress, the first increase is limited to Standards Act (FLSA) for repeated or the maximum 10 percent cap initially willful violations of the minimum wage law requires each agency to initially adjust for inflation all covered civil permitted under the Debt Collection or overtime provisions of the FLSA, and Improvement Act amendments to the for violations of the child labor money penalties, and to make further inflationary adjustments every four Federal Civil Penalties Inflation provisions of the FLSA. These Adjustment Act. The adjusted CMP years thereafter. The adjustment adjustments are required by the Federal amounts will apply only to violations prescribed in the amended Act is based Civil Penalties Inflation Adjustment Act occurring after the revised regulations on a cost-of living formula according to of 1990, as amended by the Debt become effective. Collection Improvement Act of 1996. the amount that the Department of On December 28, 1998, the Under the amended Federal Civil Labor’s Consumer Price Index (CPI) for Department of Labor published a Penalties Inflation Adjustment Act, all urban consumers for June of the proposal in the Federal Register (63 FR Federal agencies must adjust their civil calendar year before the adjustment 71405) to amend affected sections of money penalties for inflation pursuant exceeds the June CPI for the calendar parts 578 and 579 of Title 29 of the Code to a specified formula, and make year that the CMP amount was last set of Federal Regulations to increase the periodic adjustments thereafter to or adjusted. The statute provides for specified CMP amounts as described account for inflation. rounding the penalty increases. Once above. No comments were received on the percentage change in the CPI is EFFECTIVE DATE: The rule is effective on the proposal. Accordingly, the proposal calculated, the amount of the is being adopted as a final rule. January 7, 2002. adjustment is rounded according to a FOR FURTHER INFORMATION CONTACT: table in the Federal Civil Penalties III. Summary of Rule Richard M. Brennan, Deputy Director, Inflation Adjustment Act, which is The $1,000 maximum penalty amount Office of Enforcement Policy, Wage and scaled based on the dollar amount of the in Section 578.3 for repeated or willful Hour Division, Employment Standards current penalty. The statute applies a violations of the minimum wage or Administration, U.S. Department of cap that limits the amount of the first overtime requirements of the FLSA is Labor, Room S–3510, 200 Constitution increase in penalty to 10 percent of the increased to $1,100. The $10,000 Avenue, NW., Washington, DC 20210. current penalty amount (for the initial maximum penalty amount in Section Telephone (202) 693–0745 (this is not a adjustment only). Any increase under 579.5 for violations of the child labor toll-free number). Copies of this final the Act applies prospectively to provisions of the FLSA is increased to rule may be obtained in alternative violations that occur after the date the $11,000. Conforming changes are also formats (Large Print, Braille, Audio increase takes effect. made in other affected sections of the Tape or Disc), upon request, by calling Section 16(e) of the FLSA authorizes regulations to discuss the inflationary (202) 693–0023. TTY/TDD callers may CMP assessments for the following adjustment provisions of the Federal dial toll-free 1–877–889–5627 to obtain violations: (1) Any person who violates Civil Penalties Inflation Adjustment Act information or request materials in the child labor provisions (section 12 or of 1990, as amended by the Debt alternative formats. section 13(c)(5)) of the FLSA or any Collection Improvement Act of 1996. Questions of interpretation and/or regulation thereunder may be subject to In addition, the following technical enforcement of final regulations issued a CMP not to exceed $10,000 for each amendments are made to correct two by this agency or referenced in this employee who was the subject of such typographical errors in parts 579 and notice may be directed to the nearest a violation; and (2) any person who 580. In Section 579.5(e) of part 579, the Wage and Hour Division District Office. repeatedly or willfully violates the reference to ‘‘§ 579.6’’ is corrected to To locate the nearest office, telephone minimum wage (section 6) or overtime read ‘‘§ 580.6’’. In Section 580.5 of part our toll-free information and helpline at provisions (section 7) of the FLSA may 580, the reference to ‘‘§ 580.19’’ is 1–866–4USWAGE (1–866–487–9243) be subject to a CMP not to exceed corrected to read ‘‘§ 580.18’. between 8 am and 5 pm in your local $1,000 for each such violation. In time zone, or log onto the Wage and determining the amount of any such Executive Order 12866 and Significant Hour Division’s website for a penalty in a particular case for either Regulatory Actions nationwide listing of Wage and Hour type of violation, the size of the This rule is not a ‘‘significant District and Area Offices at: http:// business of the person charged and the regulatory action’’ within the meaning www.dol.gov/dol/esa/public/contacts/ gravity of the violation must be taken of Executive Order 12866. The rule will whd/america2.htm. into consideration, among other adjust for inflation the maximum civil SUPPLEMENTARY INFORMATION: appropriate factors. money penalties under Section 16(e) of
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the Fair Labor Standards Act. The specifically set forth in law pursuant to when the proposed rule was published. adjustments and the formula for the Federal Civil Penalties Inflation Therefore, no Regulatory Flexibility determining the amount of the Adjustment Act of 1990, as amended by Analysis was required. No comments adjustment were mandated by the the Debt Collection Improvement Act of were received on any aspect of the rule Congress in the Federal Civil Penalties 1996. In addition, the rule will not or these conclusions as set forth in the Inflation Adjustment Act of 1990, as result in increased annual expenditures proposed rule. amended by the Debt Collection in excess of $100 million by State, local Improvement Act of 1996. Thus, the or tribal governments in the aggregate, Small Business Regulatory Enforcement Congress has required that the or by the private sector. Fairness Act Department promulgate the This rule is not a ‘‘major rule’’ under Executive Order 13132 amendments to this rule, and provided the Small Business Regulatory no discretion to the Department This rule does not have ‘‘substantial Enforcement Fairness Act of 1996 (5 regarding the substance of the direct effects on the States, on the U.S.C. 801 et seq.) because it is not amendments. Moreover, for the three- relationship between the national likely to result in (1) an annual effect on year period prior to the proposed rule, government and the States, or on the the economy of $100 million or more; the Department collected a total of distribution of power and (2) a major increase in costs or prices for $6,169,771 in CMPs for repeated or responsibilities among the various consumers, individual industries, willful minimum wage or overtime levels of government’’ under the terms Federal, State or local government violations that were assessed in 1,157 of Executive Order 13132 regarding agencies, or geographic regions; or (3) cases, for an average of $2,056,590 federalism. Therefore, under section 6 of significant adverse effects on collected per year (less than $5,333 per that Order, we have determined that the competition, employment, investment, case, on average). Over the same three- rule does not have sufficient federalism productivity, innovation, or on the year period, the Department collected a implications to require consultations or ability of United States-based total of $12,496,180 in CMPs for child a federalism summary impact statement. enterprises to compete with foreign- labor violations that were assessed in Regulatory Flexibility Analysis based enterprises in domestic or export 3,772 cases, for an average of $4,165,393 markets. collected per year (approximately This rule will not have a significant $3,314 per case, on average). With the economic impact on a substantial Effects on Families number of small entities. The rule does initial increase in the maximum CMP This rule has been assessed under no more than ministerially increase limited to the statutory 10 percent cap, section 654 of the Treasury and General certain statutory CMPs to account for the total economic impact of the Government Appropriations Act, 1999, inflation, pursuant to specific directions proposal was estimated at less than for its effect on family well-being and of the Congress in the Federal Civil $623,000 per year. CMPs for the three we hereby certify that the rule will not Penalties Inflation Adjustment Act of most recent years are comparable in adversely affect the well-being of 1990, as amended by the Debt amounts. Thus, this action will not: (1) families. Have an annual effect on the economy Collection Improvement Act of 1996. of $100 million or more or adversely Provisions of law specify the procedures List of Subjects for calculating the inflation adjustments affect in a material way the economy, a 29 CFR Part 578 sector of the economy, productivity, and do not allow variations in the competition, jobs, the environment, calculations to minimize the effects on Employment, Labor, Law public health or safety, or State, local, small entities. Nevertheless, in each enforcement, Penalties. case the amount of the penalty assessed or tribal governments or communities; 29 CFR Part 579 (2) create a serious inconsistency or under Section 16(e) of the FLSA must otherwise interfere with an action taken take into consideration the size of the Child labor, Law enforcement, or planned by another agency; (3) business of the person charged with the Penalties. violations, which will further mitigate materially alter the budgetary impact of 29 CFR Part 580 entitlements, grants, user fees, or loan the ultimate effects of the rule on small programs or the rights and obligations of businesses. Moreover, only persons who Administrative practice and recipients thereof; or (4) raise novel have willfully or repeatedly violated the procedure, Child labor, Employment, legal or policy issues arising out of legal minimum wage or overtime provisions Labor, Law enforcement, Penalties. mandates, the President’s priorities, or of the FLSA, or violated the child labor Signed at Washington, DC, on this 30th day the principles set forth in Executive requirements of the FLSA, will be of November, 2001. Order 12866. Therefore, no regulatory affected by this rule. Based on the Annabelle T. Lockhart, impact analysis was required or average CMP amounts collected for Acting Administrator, Wage and Hour prepared. these types of violations over a three- Division. year period as discussed above, we For the reasons set forth above, 29 Section 202 of the Unfunded Mandates estimate that the effect of the rule will Reform Act of 1995 CFR parts 578, 579, and 580 are be to increase the average CMP collected amended as set forth below. Title II of the Unfunded Mandates for repeated or willful minimum wage Reform Act of 1995 (2 U.S.C. 1531 et or overtime violations by $533 per case, PART 578—MINIMUM WAGE AND seq.) directs agencies to assess the and increase the average CMP collected OVERTIME VIOLATIONS—CIVIL effects of Federal regulatory actions on for child labor violations by $331 per MONEY PENALTIES State, local, and tribal governments, and case. Accordingly, the Department the private sector, ‘‘* * * (other than to determined that this rule will not have 1. The authority citation for part 578 the extent that such regulations a significant economic impact on a is revised to read as follows: incorporate requirements specifically substantial number of small entities. Authority: Sec. 9, Pub. L. 101–157, 103 set forth in law).’’ For purposes of the The Department certified to this effect to Stat. 938, sec. 3103, Pub. L. 101–508, 104 Unfunded Mandates Reform Act, this the Chief Counsel for Advocacy of the Stat. 1388–29 (29 U.S.C. 216(e)), Pub. L. 101– rule includes only requirements that are U.S. Small Business Administration 410, 104 Stat. 890 (28 U.S.C. 2461 note), as
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amended by Pub. L. 104–134, section is redesignated as paragraph (c) of that 29656; 5 U.S.C. 500, 503, 551, 559; sec. 9, 31001(s), 110 Stat. 1321–358, 1321–373. section, and a new paragraph (b) is Pub. L. 101–157, 103 Stat. 938; sec. 3103, 2. Section 578.1 is revised to read as added, to read as follows: Pub. L. 101–508. follows: § 579.1 What does this part cover? § 580.5 [Amended] § 578.1 What does this part cover? * * * * * 9. In § 580.5, the reference to Section 9 of the Fair Labor Standards (b) The Federal Civil Penalties ‘‘§ 580.19’’ is revised to read ‘‘§ 580.18’’. Amendments of 1989 amended section Inflation Adjustment Act of 1990 (Pub. [FR Doc. 01–30364 Filed 12–6–01; 8:45 am] 16(e) of the Act to provide that any L. 101–410), as amended by the Debt BILLING CODE 4510–27–P person who repeatedly or willfully Collection Improvement Act of 1996 violates the minimum wage (section 6) (Pub. L. 104–134, section 31001(s)), or overtime provisions (section 7) of the requires that Federal agencies ENVIRONMENTAL PROTECTION Act shall be subject to a civil money periodically adjust their civil money AGENCY penalty not to exceed $1,000 for each penalties for inflation according to a such violation. The Federal Civil specified cost-of-living formula. This 40 CFR Part 70 Penalties Inflation Adjustment Act of law requires each agency to make an 1990 (Pub. L. 101–410), as amended by initial inflationary adjustment for all [CA065–Pt 70; FRL–7113–5] the Debt Collection Improvement Act of covered civil money penalties, and to Clean Air Act Full Approval of 34 1996 (Pub. L. 104–134, section make further inflationary adjustments at Operating Permits Programs in 31001(s)), requires that inflationary least once every four years thereafter. California adjustments be periodically made in Any increase in the civil money penalty these civil money penalties according to amount will apply only to violations AGENCY: Environmental Protection a specified cost-of-living formula. This that occur after the date the increase Agency (EPA). part defines terms necessary for takes effect. ACTION: Final rule. administration of the civil money * * * * * penalty provisions, describes the SUMMARY: EPA is taking final action to 6. In § 579.5: fully approve the operating permits violations for which a penalty may be a. The section heading and paragraph imposed, and describes criteria for programs submitted by the California (a) are revised; and Air Resources Board (CARB) on behalf determining the amount of penalty to be b. In paragraph (e), the reference to assessed. The procedural requirements of the following 34 air districts: Amador ‘‘§ 579.6’’ is revised to read ‘‘§ 580.6’’. County Air Pollution Control District for assessing and contesting such The revisions read as follows: penalties are contained in 29 CFR part (APCD), Bay Area Air Quality 580. § 579.5 How is the amount of the penalty Management District (AQMD), Butte County AQMD, Calaveras County 3. The section heading and paragraph determined? APCD, Colusa County APCD, El Dorado (a) of § 578.3 are revised to read as (a) The administrative determination County APCD, Feather River AQMD, follows: of the amount of the civil penalty, of not to exceed $10,000 for each employee Glenn County APCD, Great Basin § 578.3 What types of violations may result who was the subject of a violation of Unified APCD, Imperial County APCD, in a penalty being assessed? section 12 or section 13(c)(5) of the Act Kern County APCD, Lake County (a) A penalty of up to $1,000 per relating to child labor or of any AQMD, Lassen County APCD, Mariposa violation may be assessed against any regulation issued under that section, County APCD, Mendocino County person who repeatedly or willfully will be based on the available evidence APCD, Modoc County APCD, Mojave violates section 6 (minimum wage) or of the violation or violations and will Desert AQMD, Monterey Bay Unified section 7 (overtime) of the Act; take into consideration the size of the APCD, North Coast Unified AQMD, Provided, however, that for any business of the person charged and the Northern Sierra AQMD, Northern violation occurring on or after January 7, gravity of the violation as provided in Sonoma County APCD, Placer County 2002 the civil money penalty amount paragraphs (b) through (d) of this APCD, Sacramento Metro AQMD, San will increase to up to $1,100. The section; Provided, however, that for any Diego County APCD, San Joaquin Valley amount of the penalty will be violation occurring on or after January 7, Unified APCD, San Luis Obispo County determined by applying the criteria in 2002 the civil money penalty amount APCD, Santa Barbara County APCD, § 578.4. will increase to not to exceed $11,000 Shasta County APCD, Siskiyou County * * * * * for each employee who was the subject APCD, South Coast AQMD, Tehama of a violation. County APCD, Tuolumne County APCD, Ventura County APCD, and Yolo-Solano PART 579—CHILD LABOR * * * * * VIOLATIONS—CIVIL MONEY AQMD. These programs were submitted PENALTIES § 579.9 [Removed] in response to the directive in the 1990 Clean Air Act (CAA) Amendments that 7. Section 579.9 is removed. 4. The authority citation for part 579 permitting authorities develop, and is revised to read as follows: PART 580—CIVIL MONEY submit to EPA, programs for issuing Authority: 29 U.S.C. 203, 211, 212, 216; PENALTIES—PROCEDURES FOR operating permits to all major stationary Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 ASSESSING AND CONTESTING sources and to certain other sources U.S.C. App.; secs. 25, 29, 88 Stat. 72, 76; PENALTIES within the permitting authorities’ Secretary of Labor’s Order No. 4–2001, 66 FR jurisdiction. On the dates listed in Table 29656; Sec. 3103, Pub. L. 101–508; Pub. L. 8. The Authority citation for part 580 1 below, EPA granted interim approval 101–410, 104 Stat. 890 (28 U.S.C. 2461 note), is revised to read as follows: to the 34 operating permits programs. as amended by Pub. L. 104–134, section All 34 air districts revised their 31001(s), 110 Stat. 1321–358, 1321–373. Authority: 29 U.S.C. 9a, 203, 211, 212, 216; Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 programs to satisfy the conditions of the 5. The section heading of Section U.S.C. App.; secs. 25, 29, 88 Stat. 72, 76; interim approval, and EPA proposed 579.1 is revised, paragraph (b) of § 579.1 Secretary of Labor’s Order No. 4–2001, 66 FR full approval in the Federal Register on
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the dates listed in Table 1. EPA received SUPPLEMENTARY INFORMATION: This I. Background on the 34 Operating comments from several commenters on section contains additional information Permits Programs our proposed actions. After carefully about our final rulemaking, organized as The Clean Air Act (CAA) reviewing and considering the issues follows: Amendments of 1990 required all state raised by the commenters, EPA is taking I. Background on the 34 operating permits and local permitting authorities to final action to fully approve all 34 programs. develop operating permits programs that operating permits programs. EPA II. Comments received by EPA on our meet certain federal criteria. The 34 published 11 separate proposals to proposed rulemakings and EPA’s California operating permits programs approve the 34 districts’ title V responses. were submitted in response to this operating permits programs. Today we A. Comments received by EPA that apply directive. Because the programs are consolidating our final actions on to some or all of the 34 districts. substantially, but not fully, met the those proposals into one final rule. B. Comments received by EPA that are requirements of part 70, EPA granted EFFECTIVE DATE: This rule is effective on specific to Bay Area Air Quality interim approval to the programs. The November 30, 2001. Management District. interim approval notices described the 1. Comments from Communities for a conditions that had to be met in order ADDRESSES: Copies of the 34 submittals Better Environment. for the 34 programs to receive full and other supporting information used 2. Comments from Our Children’s Earth approval. After the 34 air districts in developing these final full approvals 3. Comments from Commonweal revised their programs to address the are available for inspection during III. EPA’s final action. conditions of the interim approval, EPA normal business hours at the following IV. Effective date of EPA’s full approval of promulgated proposals to fully approve location: U.S. Environmental Protection the 34 operating permits programs. these title V operating permits Agency, Region 9, 75 Hawthorne Street, V. What is the scope of EPA’s full approval? programs. Table 1 lists the dates and San Francisco, California 94105. VI. Citizen comments on operating permits Federal Register citations for EPA’s programs FOR FURTHER INFORMATION CONTACT: actions finalizing interim approval and Gerardo Rios, EPA Region 9, at 415– proposing full approval of the 34 972–3974 or [email protected]. operating permits programs.
TABLE 1.—FEDERAL REGISTER CITATIONS AND PROGRAM SUBMITTAL DATES FOR THE 34 OPERATING PERMITS PROGRAMS
Date of Re- Interim Approval Federal Reg- vised Pro- District ister Citation gram Sub- Proposed Full Approval Federal Register Citation mittals
Amador County APCD ...... 60 FR 21720; 5/3/95 ...... 4/10/01 66 FR 53354; 10/22/01 Bay Area AQMD ...... 60 FR 32606; 6/23/95 ...... 5/30/01 66 FR 53104; 10/19/01 Butte County AQMD ...... 60 FR 21720; 5/3/95 ...... 5/17/01 66 FR 53354; 10/22/01 Calaveras County APCD ...... 60 FR 21720; 5/3/95 ...... 7/27/01 66 FR 53354; 10/22/01 Colusa County APCD ...... 60 FR 21720; 5/3/95 ...... 8/22/01 and 66 FR 53354; 10/22/01 10/10/01 El Dorado County APCD ...... 60 FR 21720; 5/3/95 ...... 8/16/01 66 FR 53354; 10/22/01 Feather River AQMD ...... 60 FR 21720; 5/3/95 ...... 5/22/01 66 FR 53354; 10/22/01 Glenn County APCD ...... 60 FR 36065; 7/13/95 ...... 9/13/01 66 FR 53354; 10/22/01 Great Basin Unified APCD ...... 60 FR 21720; 5/3/95 ...... 5/18/01 66 FR 53354; 10/22/01 Imperial County APCD ...... 60 FR 21720; 5/3/95 ...... 8/2/01 66 FR 53354; 10/22/01 Kern County APCD ...... 60 FR 21720; 5/3/95 ...... 5/24/01 66 FR 53354; 10/22/01 Lake County AQMD ...... 60 FR 36065; 7/13/95 ...... 6/1/01 66 FR 53354; 10/22/01 Lassen County APCD ...... 60 FR 21720; 5/3/95 ...... 8/2/01 66 FR 53354; 10/22/01 Mariposa County APCD ...... 60 FR 62758; 12/7/95 ...... 9/20/01 66 FR 53354; 10/22/01 Mendocino County APCD ...... 60 FR 21720; 5/3/95 ...... 4/13/01 66 FR 53354; 10/22/01 Modoc County APCD ...... 60 FR 21720; 5/3/95 ...... 9/12/01 66 FR 53354; 10/22/01 Mojave Desert AQMD ...... 61 FR 4217; 2/5/96 ...... 7/11/01 and 66 FR 53163 10/19/01 6/4/01 Monterey Bay Unified APCD .... 60 FR 52332; 10/6/95 ...... 5/9/01 66 FR 53178; 10/19/01 North Coast Unified AQMD ...... 60 FR 21720; 5/3/95 ...... 5/24/01 66 FR 53354; 10/22/01 Northern Sierra AQMD ...... 60 FR 21720; 5/3/95 ...... 5/24/01 66 FR 53354; 10/22/01 Northern Sonoma County 60 FR 21720; 5/3/95 ...... 5/21/01 66 FR 53354; 10/22/01 APCD. Placer County APCD ...... 60 FR 21720; 5/3/95 ...... 5/4/01 66 FR 53354; 10/22/01 Sacramento Metro AQMD ...... 60 FR 39862; 8/4/95 ...... 6/1/01 66 FR 53167; 10/19/01 San Diego County APCD ...... 60 FR 62753; 12/7/95 ...... 6/4/01 66 FR 53148; 10/19/01 San Joaquin Valley Unified 61 FR 18083; 4/24/96 ...... 6/29/01 66 FR 53151; 10/19/01 APCD. San Luis Obispo County APCD 60 FR 21720; 5/3/95 ...... 5/18/01 66 FR 53159; 10/19/01 Santa Barbara County APCD ... 60 FR 55460; 11/1/95 ...... 4/5/01 66 FR 53155; 10/19/01 Shasta County APCD ...... 60 FR 36065; 7/13/95 ...... 5/18/01 66 FR 53354; 10/22/01 Siskiyou County APCD ...... 60 FR 21720; 5/3/95 ...... 9/28/01 66 FR 53354; 10/22/01 South Coast AQMD ...... 61 FR 45330; 8/29/96 ...... 8/2/01 66 FR 53170; 10/19/01 Tehama County APCD ...... 60 FR 36065; 7/13/95 ...... 6/4/01 66 FR 53354; 10/22/01 Tuolumne County APCD ...... 60 FR 21720; 5/3/95 ...... 7/18/01 66 FR 53354; 10/22/01 Ventura County APCD ...... 60 FR 55460; 11/1/95 ...... 5/21/01 66 FR 53174; 10/19/01
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TABLE 1.—FEDERAL REGISTER CITATIONS AND PROGRAM SUBMITTAL DATES FOR THE 34 OPERATING PERMITS PROGRAMS—Continued
Date of Re- Interim Approval Federal Reg- vised Pro- District ister Citation gram Sub- Proposed Full Approval Federal Register Citation mittals
Yolo-Solano AQMD ...... 60 FR 21720; 5/3/95 ...... 5/9/01 66 FR 53354; 10/22/01
II. Comments Received by EPA on Our sources from title V permitting under exempted by State law cannot be Proposed Rulemakings and EPA’s the Act. included in title V applicability Responses Their comments also question EPA’s determinations, and that the potential to assertion that there is not a complete We received several comment letters emit of California’s exempt agricultural inventory of emissions associated with on EPA’s proposed approval of the title equipment is likely to be below title V agricultural operations in California and V operating permits programs in major source thresholds. maintain that there are reliable EPA considered the comments raised California. Four comment letters methodologies to determine emissions in response to our proposed approval, applied to some or all of the 34 districts from certain animal feeding operations and has decided to grant full approval in California; a summary of these (e.g., dairies). The groups’ comments to the title V operating permits programs comments and our response are also dispute the need for additional in the State and to defer permitting of included in section II.A, below. Three research on emissions from agricultural the limited category of State-exempt other comment letters were directed sources prior to implementing title V agricultural sources for a period of no specifically at our proposed approval of permitting of these sources and cite the more than three years. This approach the Bay Area AQMD’s operating permits results of San Joaquin Air District and will allow EPA and the State to evaluate program; a summary of the comments CARB reports regarding the impact of the existing science, improve on specific to Bay Area AQMD and our agricultural pollution sources on air assessment tools, collect and analyze responses are included in section II.B quality in the San Joaquin Valley. additional data, remove any remaining below. Finally, the groups request that EPA legal obstacles, and issue any necessary A. Comments Received by EPA That disapprove the California districts’ title guidance on implementation of the title Apply to Some or All of the 34 Districts V operating permits programs, although V operating permits program for major they express support for EPA delegating We received four comment letters that agricultural stationary sources. At the part 71 to the local permitting specifically address the EPA’s proposed same time, this approach will not authorities for all sources not subject to approach of granting full program impede local permitting authorities the agricultural exemption, if the approval to the California districts’ title from issuing all of their initial round of Agency were to disapprove the districts’ V operating permits programs while title V permits as expeditiously as part 70 programs. deferring the permitting of agricultural possible. Comments received from the coalition During the interim deferral period, operations involved in the growing of of agricultural industry associations EPA will continue to work with the crops or the raising of fowl or animals support EPA’s proposed approval of the agricultural industry and our state and for a brief period, not to exceed three San Joaquin Valley Unified APCD’s title federal regulatory partners to pursue, years. We received comments objecting V program as well as EPA’s proposal to wherever possible, emission reduction to our proposed approach on this issue defer title V permitting of in-field strategies. At the end of this period, EPA from two coalitions of environmental agricultural operations for three years will, taking into consideration the groups and comments supporting our for all California air districts. The additional data gathered during the approach from a coalition of agricultural groups’ comments confirm that reliable deferral, make a determination as to industry representatives and from the data and a complete inventory of how the title V operating permits California Air Resources Board (CARB).1 emissions associated with production program will be implemented for any The adverse comments we received agricultural operations are not currently major agricultural stationary sources in from the environmental groups oppose available and commit the California the State. EPA’s proposed approach on both legal agricultural industry to participating in and technical grounds. The groups’ research efforts to better determine B. Comments received by EPA That Are comments assert that since the repeal of emission levels associated with in-field Specific to Bay Area Air Quality the statewide agricultural permitting activities. CARB’s comments also Management District exemption was a condition established support EPA’s proposal to grant full In addition to the comments by EPA for full title V program approval approval to all of the local title V discussed in II.A above that apply to all and the exemption is still in place, EPA programs in the State and to defer the programs in California, EPA received cannot grant full approval to the permitting of State-exempted several comment letters specific to our California districts’ operating permits agricultural sources for a three-year proposed full approval of the operating programs. Moreover, they argue that the period. CARB maintains that local permits program for the Bay Area Air three-year deferral represents an districts have corrected all of the Quality Management District (‘‘Bay inappropriate continuation of interim interim title V program deficiencies Area,’’ ‘‘District’’ or ‘‘BAAQMD’’). These approval. In addition, they comment within their authority. CARB also comments were received by EPA on that EPA cannot exempt any major reiterates the position conveyed in their November 19, 2001 from three September 19, 2001 letter to Jack organizations: Communities for a Better 1 We also received a comment objecting to our proposal on this matter as it relates to the Bay Area Broadbent, Region 9 Air Director, that Environment (‘‘CBE’’); the Golden Gate AQMD operating permits program. See section II.B, emissions from much of the equipment University Environmental Law and below. used in the pre-harvest activities Justice Clinic, acting on behalf of Our
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Children’s Earth (‘‘OCE’’); and a Bay discretion as a means to correct any approved rules are federally enforceable Area environmental organization called misapplication of the definition. applicable requirements for part 70 Commonweal. The following is a Finally, CBE stated that the definition purposes. summary of the comments—and our of federally enforceable in the NSR rule 2. Comments From Our Children’s Earth responses—related to our proposed full is not consistent with the definition in approval of the Bay Area Air Quality the part 70 program and this would OCE provided comments on four Management District operating permits cause confusion, misinterpretation, and interim approval issues, five program program. ambiguity surrounding enforcement implementation issues, and several actions. In particular, CBE is concerned other changes the Bay Area had made to 1. Comments from Communities for a that previous NSR actions where its rules which were not required to Better Environment federally enforceable limits on the correct interim approval issues. We find The CBE comments addressed our source’s PTE were created under the that the five comments made by OCE on proposed approval of the District’s NSR definition of PTE, could be altered possible program implementation revision of its definition of potential to under title V using ‘‘the expanded issues, are not related to Bay Area rule emit (‘‘PTE’’) at 2–6–218. We had definition’’ to allow sources to no longer changes and are, therefore, outside the proposed to approve this revised have limits on potential to emit that are scope of today’s rulemaking. (See OCE definition which allows a permit federally enforceable. comments B.2, B.3, B.4, B.5, and B.6). limitation, or the effect it would have on EPA Response to CBE Comments: The Our proposal was limited to specific emissions, to be ‘‘enforceable by the comments made by CBE do not alter our rule changes the district has made to its District or EPA.’’ The phrase, position and today’s final action operating permits rule or program since ‘‘enforceable by the District or EPA’’ approves the definition of potential to interim approval was granted. The replaced the term, ‘‘federally emit at District rule 2–6–218 (amended changes that we had identified in our enforceable.’’ by BAAQMD on May 17, 2001). We proposal were made by Bay Area to CBE stated that EPA should reject hold to our proposed position in today’s either correct interim approval issues BAAQMD’s revision to the definition of final action because the District’s that we had earlier identified or to potential to emit at 2–6–218, or in the definition is consistent with federal case clarify the rule. The following are the alternative, find the revision deficient law and EPA policies. CBE is concerned comments that are within the scope of and order BAAQMD to revise the that the phrase, ‘‘enforceable by the the rulemaking; our response follows definition. CBE stated that the proposed District or EPA,’’ which replaced, each comment. change to 2–6–218 is illegal because the ‘‘federally enforceable,’’ is not Issue #1—Insignificant Activities: rule change expands the definition of consistent with the federal case law and OCE objected to our proposed approval potential to emit beyond the bounds of EPA policies. Although the definition because Bay Area did not provide a the federal case law and EPA guidance does not include the clarifying phrase basis for defining significant source as on the subject. They assert that our that the state and local limits shall be, those emission units with Hazardous position—that the new District ‘‘legally and practicably enforceable’’ Air Pollutant (HAP) emissions above definition of potential to emit is (See Clean Air Act Implementation v. 400 pounds. consistent with the new meaning under EPA No. 96–1224 (D.C. Cir. June 28, EPA Response: The Bay Area federal law as defined by the courts—is 1996)), EPA does not believe that this established as ‘‘significant source’’ any simply wrong. They claim that the phrase must be included before we can emission unit that has a potential to phrase, ‘‘enforceable by the District or approve the definition in a part 70 rule. emit of more than 2 tons per year of any EPA’’ is vague, much broader than the In our proposed rulemaking for Bay regulated air pollutant or more than 400 current case law, and not defined Area, we notified the BAAQMD of the pounds per year of any HAP. (See anywhere in the District rule. CBE practicable enforceability criteria and of BAAQMD rule 2–6–238). Although the stated that it makes no sense to define our expectations as they implement the District has not provided a detailed ‘‘federally enforceable’’ in Rule 2–6–207 definition. Furthermore, the determination of how they established and then use a different phrase in the requirement that a limitation be this level, the emission levels for HAPs definition of potential to emit. CBE also ‘‘effective’’ or ‘‘practically enforceable’’ are well within the guidance EPA discussed how the Manual of is inherent in any PTE limit. provided to California agencies on this Procedures (‘‘MOP’’), without expressly In general, we agree with CBE that matter. (See letter to Mike Tollstrup, saying so, appears to define the phrase, there could be ambiguity about the CARB, from Gerardo Rios, EPA Region ‘‘enforceable by the district’’ as ‘‘a interpretation of the definition of IX, dated February 22, 2001). This district or state requirement that has not potential to emit if it is defined guidance originated from EPA’s own been approved for inclusion in the SIP differently under NSR compared to Part title V permitting regulations at 40 CFR by EPA is not federally enforceable but 70. While these differences may exist, 71.5(c)(11)(ii)(B) in which we state that, can limit potential to emit for the the NSR rule is independent from the ‘‘potential to emit of any HAP from any purposes of major facility review.’’ part 70 program and, therefore, a single emission unit shall not exceed (MOP at page 3–2). CBE stated that if different definition of PTE in the NSR 1,000 pounds per year * * *’’ this is how the District intends to define rule does not necessarily affect our Therefore, for this reason and the the phrase, then it is much broader than ability to approve the District’s reasons described in our proposed what the courts allowed (see Clean Air definition of PTE for part 70 purposes. approval action, EPA finds that the Implementation Project v. EPA No. 96– In response to CBE’s concerns that District has corrected the interim 1224 (D.C. Cir. June 28, 1996)). CBE also sources would argue that certain limits approval issue #1 and approves the was opposed to our proposed action on on their PTE obtained during an earlier District’s definition of significant this matter in which we rely on the NSR action would no longer need to be source. District to implement its new definition federally enforceable under part 70, Issue 11—Emissions Trading: OCE of PTE to be consistent with federal case such arguments would not be valid asserted that the District does not law. They said it is improper for us to because the District’s NSR rules are SIP- appear to have an emissions trading approve the ‘‘vague and overly broad approved and all terms and conditions scheme in place to allow for emissions rule’’ and rely on our enforcement of permits issued pursuant to the SIP- trading for Title V facilities. They said
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that the inclusion of emissions trading substance is a substance that, ‘‘the 6–113 is not available to sources in the procedures into the Title V program is Administrator finds causes or Bay Area under the federally approved inappropriate unless there are rules in contributes significantly to harmful part 70 program. place to implement emissions trading. effects on the stratospheric ozone OCE Comment #6: Rule 2–6–201 Until this deficiency is remedied, they layer.’’ A Class II substance is, ‘‘any (Administrative Permit Amendment)— asked that full approval of the District’s other substances that the Administrator This provision defines ‘‘administrative title V program be denied. finds is known or may reasonably be permit amendment’’ and lists the EPA Response: While we agree with anticipated to cause or contribute to changes at a title V source that can be the commenter that the District does not harmful effects on the stratospheric considered for administrative permit appear to have a SIP-approved rule to ozone layer.’’ (See CAA section 602(a) amendment procedures. To correct an allow for emissions trading at title V and (b), respectively). Further, we interim approval issue (see issue #6 in sources, EPA does not agree that such disagree with OCE’s comment that we the proposed rulemaking) with this provisions be in place before the District should require the District to include a definition, Bay Area eliminated the can adopt, and EPA can approve, part more complete reference of regulated phrase, ‘‘but not necessarily limited to’’ 70 program changes that would allow pollutant at 40 CFR 70.2(5). In our from the sentence introducing the list of such trading consistent with 40 CFR interim approval notice we required that what can be considered an 70.6(a)(10) once the applicable the District add the references to section administrative permit amendment. OCE requirement allows for it. 40 CFR 112 provisions because this was the commented that the definition still 70.6(a)(10) requires the part 70 permit only aspect of the definition that we suffers from lack of clarity because it contain ‘‘terms and conditions, if the found to be deficient. The District has still uses the word ‘‘include’’ to permit applicant requests them, for the made the required correction. introduce the list of what can be an trading of emissions * * * to the extent Issue #17—Agricultural Exemption: administrative permit amendment. that the applicable requirements OCE commented that the District’s Title Further, they asked that the phrase ‘‘or provide for trading such increases and V program is inadequate and should be new’’ be eliminated because new decreases * * *’’ [emphasis added]. denied because the California monitoring requirements are significant Even if a permitting authority does not Legislature has failed to amend the permit modifications to which the have applicable requirements (e.g., a Health and Safety Code to remove the public ought to be able to comment. SIP) that provide for such trading, it can agricultural exemption. OCE was EPA Response to OCE Comment #6: still have provisions in its part 70 concerned with EPA’s proposal to grant EPA disagrees with OCE’s comment that program to allow for such trading. the District full approval while the definition of Administrative Permit Issue #16—Regulated Air Pollutant: agricultural sources remain exempt from Amendment is still unclear. The OCE was concerned about our approval the Title V program and stated that EPA District’s deletion of the language, ‘‘not of the definition of Regulated Air cannot grant full approval to the District necessarily limited to’’ in the current Pollutant at section 2–6–222.3 which while allowing the deferral of Title V rule must be considered to mean that includes, ‘‘[a]ny Class I or Class II ozone permitting of agricultural operations. the District considers this list to be depleting substance subject to a EPA Response to OCE Comment #4: exhaustive. Therefore, EPA considers standard promulgated under Title VI of Although this comment is specific to the list to be all that is allowed. the Clean Air Act.’’ OCE felt that this Bay Area, it is a statewide issue. Our Regarding the request that the term, definition is inconsistent with 40 CFR response to this comment is provided in ‘‘new or’’ be eliminated, EPA does not 70.2(4) which only states that ‘‘[a]ny section II.A, above. believe it is necessary because we view Class I or Class II subject to a standard Comments received from OCE on non- ‘‘new’’ monitoring at an existing source promulgated under or established by interim approval rule changes: The to mean increasing the frequency of the title VI of the Act.’’ OCE felt that by following comments were made by OCE existing monitoring. Furthermore, any specifying ‘‘ozone depleting substance’’ on our proposal to approve other rule significant change in monitoring is in its regulations, the District may changes made by Bay Area that were not required to undergo a significant permit unnecessarily be narrowing the required to correct interim approval revision as defined at 2–6–226. definition of a Class I or Class II deficiencies. We find that these OCE Comment #7: Definition of substance. Therefore, they stated, the comments are within the scope of the Potential to Emit—OCE objected to the phrase ‘ozone depleting substance’ rulemaking and our response to these District replacing the phrase, ‘‘federally should be deleted from Regulation 2–6– comments follow. enforceable’’ with the phrase, 222.3 to parallel the definition in 40 OCE Comment #5: Rule 2–6–113 ‘‘enforceable by the District.’’ They CFR 70.2(4). Further, OCE requested (Exemption, Registered Portable stated that EPA has not yet made final that Regulation 2–6–222.5 be amended Engines)—OCE expressed concern that decisions based on the recent court to include the expanded language in 40 the District exempts registered portable decisions, and they believed that EPA CFR 70.2(5) since the federal regulations engines from its Title V program should await completion of its decision set out a more specific explanation of purportedly because the District does making process to review any proposed regulated air pollutants. In the very not regulate them. rules on potential to emit. In the least, they requested that EPA require EPA Response to OCE Comment #5: alternative, they said that the phrase, the District to reference 40 CFR 70.2(5) Rule 2–6–113 is not a provision that we ‘‘enforceable by the District or EPA’’ in Regulation 2–6–222.5 before granting proposed to approve (see table 2 in our should be substituted with ‘‘federally full program approval. proposed full approval dated October enforceable or legally and practically EPA Response: EPA disagrees with 19, 2001, 66 FR 53140), and therefore enforceable by the District’’ consistent the commenter. We do not believe that the comment is outside the scope of with EPA’s guidance and comments in the District’s definition conflicts with today’s final rulemaking. Since the the proposed approval. Part 70’s definition of regulated air provision at 2–6–113 is not included in EPA Response to OCE Comment #7: pollutant; rather, we find it is redundant our final action, the provision does not EPA disagrees with the comment that with the definition since Class I or Class exist in the federally approved part 70 the definition cannot be approved with II substances can reasonably be called, program for Bay Area. Thus, the the phrase, ‘‘enforceable by the ‘‘ozone depleting substances.’’ A Class I exemption for portable equipment at 2– District.’’ Further, we can approve the
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provision because the requirement that remedies, including requesting that require monitoring (e.g., Federal a limitation be ‘‘effective’’ or revocation, under section 304 of the New Source Performance Standards, ‘‘practically enforceable’’ is inherent in Clean Air Act. etc.) and a statement that, ‘‘the any PTE limit. See also our response to OCE Comment #10: Rule 2–6–404 requirements in the above regulations the CBE comment above. (Timely Application): OCE stated that contain extensive instructions on OCE Comment #8: Rule 2–6–231 there is no justification for extending monitoring procedures. They include (Synthetic Minor Operating Permit) the deadline for certain applications to details on the calibration of instruments, means ‘‘a District operating permit that October 20, 2000 and, for this reason, source testing for verification, number has been modified to include conditions the program should not be approved. of data points per time period, averaging imposing enforceable condition on a EPA Response to OCE Comment #10: and statistical analysis. Such facility or source.’’ OCE stated that the Rule 2–6–404.8 states that, ‘‘the initial requirements will be included in the rule should reference Rule 2–6–218 application for a major facility review permit by reference.’’ EPA finds that the ‘‘potential to emit.’’ They felt that the permit for a existing major facility with MOP at section 4.6, and the general title V program should not be approved actual emissions lower than 50 tons per requirement at 2–6–409.2, adequately without the clarification in this rule that year of each regulated pollutant and 7 satisfy the part 70 requirement cited by exceedance of the synthetic minor limit tons per year of any hazardous air the commenter. Therefore, we are voids the minor permit. pollutant shall be submitted by the approving 2–6–409.2. EPA’s Response to OCE Comment #8: applicant by October 20, 2000.’’ This OCE Comment #12: Rule 2–6–415 In light of the comments, we have re- provision was adopted by the District (Reopening for Cause): OCE objected to considered our proposed action and Board on October 19, 1999 and provided EPA’s proposed program approval to the find that EPA should defer final action warning to sources whose emissions extent that Rule 2–6–314 may be read to on this provision. We are choosing to were less than those specified, but restrict any resources the citizen may not take final action on this provision at whose PTE exceeded major source have to request revocation of permits. this time and will complete our analysis levels, that and initial application was They stated that, consistent with the and take appropriate action in the near due in one year. EPA finds that this right provided to the public to enforce future. For the time being, however, it provision is approvable because it was the terms of Title V permits and is not part of the approved part 70 more restrictive than EPA policy on the consistent with 40 CFR 70.6(a)(6)(i), any program for Bay Area. matter at this time.2 EPA’s policy interested public member should be OCE Comment #9: Rule 2–6–314 allowed a source to temporarily allowed to seek the remedy of (Revocation): OCE stated that Part 70 establish a potential to emit limit based revocation. requires a provision stating that the on actual emissions to avoid major EPA Response to OCE Comment #12: permittee must comply with all source status under section 112 and title We disagree with the comment. Part 70 conditions of the Title V permit and that V of the Clean Air Act. EPA’s transition does not require specific hearing board any noncompliance constitutes a policy expired on December 31, 2000, procedures to allow citizens to reopen violation of the Act and is grounds for which was after the October 20, 2000 or revoke a permit, but the Clean Air enforcement action, and for permit date established by the District in its Act allows members of the public to sue termination and revocation, among rule for these type of sources to submit to enforce permit requirements and to other things. They stated that the timely title V applications. request appropriate relief from a court. Manual of Procedures makes clear that OCE Comment #11: Rule 2–6–409 See also our response to comment #9, such a provision is part of a title V (Permit Content): The testing, above. permit. However, OCE objected to EPA’s monitoring, reporting and 3. Comments From Commonweal proposed program approval to the recordkeeping section of the rule should extent that Rule 2–6–314 may be read to contain the requirement in 40 CFR Commonweal raised concerns restrict any resources the citizen may 70.6(a)(3)(i)(C) for the requirements, as regarding provision 2–6–314, have to enforce permit terms. In necessary, concerning the use, ‘‘Revocation’’ which states, ‘‘the Air addition, they stated that the discretion maintenance and, where appropriate, Pollution Control Officer (APCO) may to request the Hearing Board to hold a installation of monitoring equipment. request the Hearing Board to hold a hearing should not reside solely with This requirement could be included in hearing to determine whether a major the Air Pollution Control Officer. They Rule 2–6–503. facility permit should be revoked if it is commented that any interested public EPA Response to Comment #11: found that the holder of the permit is member should be allowed to request District rule 2–6–409.2 requires that violating any provision in the permit or the Hearing Board to hold a hearing to permits include ‘‘all applicable any applicable permit.’’ Commonweal determine whether a major facility requirements for monitoring, commented that this provision needs permit should be revoked. recordkeeping and reporting, including more specificity concerning when the EPA Response to OCE Comment #9: applicable test methods and analysis APCO requests a hearing. Commonweal As the commenter acknowledges, procedures.’’ Furthermore, the District also stated it is necessary to require that BAAQMD’s program is consistent with MOP at 4.6 includes a reference to the APCO ‘‘must’’ request the Hearing 70.6(a)(6)(i)’s requirements for permit numerous federal and local regulations Board to hold a hearing about whether content regarding non-compliance. The a permit should be revoked when a revocation procedures at 2–6–314 are a 2 See January 25, 1995 Memorandum from John consistent pattern of permit violations requirement of State law (see Health and Seitz, Director, OAQPS and Robert Van Heuvelen, has occurred. Commonweal provided Safety Code § 42307) and are not Director, Office of Regulatory Enforcement, to two slightly different options for what various Regional EPA Air Program Directors, inconsistent with part 70 procedures, entitled, ‘‘Options for Limiting the Potential to Emit they would like to the revocation thus it is an approvable provision. In (PTE) of a Stationary Source Under section 112 and language to state. fact, part 70 does not require specific Title V of the Clean Air Act.’’ See also, EPA’s Response to Commonweal’s hearing board procedures for permitting Memorandum dated December 20, 1999 entitled, Comment: EPA does not agree that the ‘‘Third Extension of January 25, 1995 Potential to agencies; therefore, the District can Emit Transition Policy,’’ from John Seitz, Director, provision at 2–6–314 needs to be proceed in this way. Members of the OAQPS and Eric Schaeffer, Director, Office of modified before it can be approved as public may avail themselves of federal Regulatory Enforcement. part of the Bay Area’s part 70 permitting
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program. Part 70 does not require that that EPA finalized revisions to the part approving a few revisions to the existing the APCO request a public hearing to 70 rule that would make the revised and currently operational programs. The determine if a permit should be PTE definitions of KCAPCD and change from the interim approved revoked. The permit revocation ACAPCD approvable. EPA promulgated programs which substantially met the procedure described in 2–6–314, a final rule on November 27, 2001 (66 part 70 requirements, to the fully including all District Hearing Board FR 59161) that revised the definition of approved programs is relatively minor, proceedings, is an attribute of California major source in part 70; the KCAPCD in particular if compared to the changes State Law and is not inconsistent with and ACAPCD definitions are now between a district-established and any provision in Part 70 (see California consistent with part 70 and EPA is administered program and the federal Health and Safety Code § 42307). In approving them as part of these program. general, part 70 requires that all permit districts’ revised title V programs. V. What Is the Scope of EPA’s Full proceedings undergo adequate public Finally, for the Bay Area Air Quality Approval? notice requirements including ‘‘offering Management District’s operating permits an opportunity for public comment and program, our full approval includes all In its program submission, the 34 a hearing on the draft permit.’’ (See provisions except for: districts did not assert jurisdiction over § 70.7(h)). Also, part 70 describes the —Provisions identified in table 2 from Indian country. To date, no tribal procedures that must be followed if ‘‘the our proposed FR notice dated October government in California has applied to Administrator or the permitting 19, 2001. (66 FR 53140); and EPA for approval to administer a title V authority determines that the permit —the definition of Synthetic Minor program in Indian country within the must be revised or revoked to assure Operating Permit. Section 2–6–231. state. EPA regulations at 40 CFR part 49 compliance with the applicable govern how eligible Indian tribes may IV. Effective Date of EPA’s Full requirements.’’ (See § 70.7(f)(1)(iv)). be approved by EPA to implement a title Approval of the 34 Operating Permits V program on Indian reservations and in III. EPA’s Final Action Programs non-reservation areas over which the EPA is granting full approval to the 34 EPA is using the good cause exception tribe has jurisdiction. EPA’s part 71 operating permits programs submitted under the Administrative Procedure Act regulations govern the issuance of by CARB based on the revisions (APA) to make the full approval of the federal operating permits in Indian submitted by the 34 districts, which 34 districts’ programs effective on country. EPA’s authority to issue satisfactorily address the program November 30, 2001. In relevant part, the permits in Indian country was deficiencies identified in EPA’s interim APA provides that publication of ‘‘a challenged in Michigan v. EPA, (D.C. approvals for these districts. In addition, substantive rule shall be made not less Cir. No. 99–1151). On October 30, 2001, EPA is approving, as title V operating than 30 days before its effective date, the court issued its decision in the case, permits program revisions, other except— * * * (3) as otherwise vacating a provision that would have changes made by some districts that are provided by the agency for good cause allowed EPA to treat areas over which unrelated to the changes required by found and published with the rule.’’ 5 EPA determines there is a question EPA for full program approval. EPA is U.S.C. 553(d)(3). Section 553(b)(3)(B) of regarding the area’s status as if it is not taking action on certain other the APA provides that good cause may Indian country, and remanding to EPA changes made by some districts that are be supported by an agency for further proceedings. EPA will also unrelated to the changes required determination that a delay in the respond to the court’s remand and by EPA for full program approval. For effective date is impracticable, explain EPA’s approach for further detailed descriptions of these changes unnecessary, or contrary to the public implementation of part 71 in Indian and the basis for EPA’s actions, readers interest. EPA finds that it is necessary country in a future action. should refer to the Federal Register and in the public interest to make this notices published on October 19, 2001 action effective sooner than 30 days VI. Citizen Comments on Operating and October 22, 2001 (see Table 1 above following publication. In this case, EPA Permits Programs for Federal Register citations), in which believes that it is in the public interest On May 22, 2000, EPA promulgated a EPA proposed full approval of the 34 for the programs to take effect before rulemaking that extended the interim operating permit programs, as well as December 1, 2001. EPA’s interim approval period of 86 operating permits the Technical Support Documents approval of the 34 districts’ programs programs until December 1, 2001. (65 associated with those proposals. expires on December 1, 2001. In the FR 32035) The action was subsequently Today EPA is also approving, as part absence of this full approval of 34 challenged by the Sierra Club and the of their revised operating permits districts’ amended programs taking New York Public Interest Research programs, changes to the definition of effect on November 30, the federal Group (NYPIRG). In settling the potential to emit (PTE) made by Kern program under 40 CFR part 71 would litigation, EPA agreed to publish a County APCD (KCAPCD) and Amador automatically take effect in the 34 notice in the Federal Register that County APCD (ACAPCD). Both districts districts and would remain in place would alert the public that they may had revised the PTE definition in their until the effective date of the fully- identify and bring to EPA’s attention local rules such that the requirement to approved state program. EPA believes it alleged programmatic and/or count fugitives towards the major source is in the public interest for sources, the implementation deficiencies in title V threshold was inconsistent with the public and 34 districts to avoid any gap programs and that EPA would respond requirement in the definition of major in coverage of the district programs, as to their allegations within specified time source in 40 CFR Part 70, and was such a gap could cause confusion periods if the comments were made therefore not approvable. However, regarding permitting obligations. within 90 days of publication of the when EPA proposed to fully approve Furthermore, a delay in the effective Federal Register notice. the KCAPCD and ACAPCD operating date is unnecessary because the 34 One member of the public commented permits programs, on October 22, 2001 districts have been administering the on what he believes to be deficiencies (66 FR 53354), the Agency proposed to title V permit program for with respect to the California title V approve the KCAPCD and ACAPCD approximately six years under interim programs. As stated in the Federal definitions of potential to emit provided approvals. Through this action, EPA is Register notices published on October
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19, 2001 and October 22, 2001 substantial direct effects on the States, report containing this rule and other proposing to fully approve the 34 on the relationship between the national required information to the U.S. Senate, operating permits programs, EPA takes government and the States, or on the the U.S. House of Representatives, and no action on those comments in today’s distribution of power and the Comptroller General of the United action. Rather, EPA will respond by responsibilities among the various States prior to publication of the rule in December 14, 2001 to timely public levels of government, as specified in the Federal Register. A major rule comments on programs that have Executive Order 13132, ‘‘Federalism’’ cannot take effect until 60 days after it obtained interim approval, and by April (64 FR 43255, August 10, 1999). This is published in the Federal Register. 1, 2002 to timely comments on fully rule merely approves existing This action is not a ‘‘major rule’’ as approved programs. We will publish a requirements under state law, and does defined by 5 U.S.C. 804(2). This rule notice of deficiency (NOD) when we not alter the relationship or the will be effective on November 30, 2001. determine that a deficiency exists, or we distribution of power and Under section 307(b)(1) of the Clean will notify the commenter in writing to responsibilities between the State and Air Act, petitions for judicial review of explain our reasons for not making a the Federal government established in this action must be filed in the United finding of deficiency. In addition, we the Clean Air Act. This final approval States Court of Appeals for the will publish a notice of availability in also is not subject to Executive Order appropriate circuit by February 5, 2002. the Federal Register notifying the 13045, ‘‘Protection of Children from Filing a petition for reconsideration by public that we have responded in Environmental Health Risks and Safety the Administrator of this final rule does writing to these comments and how the Risks’’ (62 FR 19885, April 23, 1997) or not affect the finality of this rule for the public may obtain a copy of our Executive Order 13211, ‘‘Actions purposes of judicial review nor does it response. A NOD will not necessarily be Concerning Regulations That extend the time within which a petition limited to deficiencies identified by Significantly Affect Energy Supply, for judicial review may be filed, and citizens and may include any Distribution, or Use’’ (66 FR 28355 (May shall not postpone the effectiveness of deficiencies that we have identified 22, 2001), because it is not a significant such rule or action. This action may not through our program oversight. regulatory action under Executive Order be challenged later in proceedings to Furthermore, in the future, EPA may 12866. This action will not impose any enforce its requirements. (See section issue an additional NOD if EPA or a collection of information subject to the 307(b)(2).) citizen identifies other deficiencies. provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., other than List of Subjects in 40 CFR Part 70 Administrative Requirements those previously approved and assigned Environmental protection, Under Executive Order 12866, OMB control number 2060–0243. For ‘‘Regulatory Planning and Review’’ (58 Administrative practice and procedure, additional information concerning these Air pollution control, Intergovernmental FR 51735, October 4, 1993), this final requirements, see 40 CFR part 70. An approval is not a ‘‘significant regulatory relations, Operating permits, Reporting agency may not conduct or sponsor, and and recordkeeping requirements. action’’ and therefore is not subject to a person is not required to respond to, review by the Office of Management and a collection of information unless it Dated: November 29, 2001. Budget. Under the Regulatory Flexibility displays a currently valid OMB control Wayne Nastri, Act (5 U.S.C. 601 et seq.) the number. Regional Administrator, Region 9. Administrator certifies that this final In reviewing State operating permit 40 CFR part 70, chapter I, title 40 of approval will not have a significant programs submitted pursuant to title V the Code of Federal Regulations is economic impact on a substantial of the Clean Air Act, EPA will approve amended as follows: number of small entities because it State programs provided that they meet merely approves state law as meeting the requirements of the Clean Air Act PART 70—[AMENDED] federal requirements and imposes no and EPA’s regulations codified at 40 additional requirements beyond those CFR part 70. In this context, in the 1. The authority citation for part 70 imposed by state law. This rule does not absence of a prior existing requirement continues to read as follows: contain any unfunded mandates and for the State to use voluntary consensus Authority: 42 U.S.C. 7401, et seq. does not significantly or uniquely affect standards (VCS), EPA has no authority small governments, as described in the to disapprove a State operating permit 2. Appendix A to part 70 is amended Unfunded Mandates Reform Act of 1995 program for failure to use VCS. It would by revising paragraphs (a) through (hh) (Pub. L. 104–4) because it approves pre- thus be inconsistent with applicable law under California to read as follows: existing requirements under state law for EPA, when it reviews an operating Appendix A to Part 70—Approval and does not impose any additional permit program, to use VCS in place of Status of State and Local Operating enforceable duties beyond that required a State program that otherwise satisfies Permits Programs by state law. This rule also does not the provisions of the Clean Air Act. have tribal implications because it will Thus, the requirements of section 12(d) * * * * * not have a substantial direct effect on of the National Technology Transfer and California one or more Indian tribes, on the Advancement Act of 1995 (15 U.S.C. * * * * * relationship between the Federal 272 note) do not apply. (a) Amador County Air Pollution Control Government and Indian tribes, or on the The Congressional Review Act, 5 District (APCD): distribution of power and U.S.C. 801 et seq., as added by the Small (1) Complete submittal received on responsibilities between the Federal Business Regulatory Enforcement September 30, 1994; interim approval Government and Indian tribes, as Fairness Act of 1996, generally provides effective on June 2, 1995; interim approval specified by Executive Order 13175, that before a rule may take effect, the expires December 1, 2001. (2) Revisions were submitted on April 10, ‘‘Consultation and Coordination with agency promulgating the rule must 2001. The rule amendments contained in the Indian Tribal Governments’’ (65 FR submit a rule report, which includes a April 10, 2001 submittal adequately 67249, November 9, 2000). This rule copy of the rule, to each House of the addressed the conditions of the interim also does not have Federalism Congress and to the Comptroller General approval effective on June 2, 1995. Amador implications because it will not have of the United States. EPA will submit a County Air Pollution Control District is
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hereby granted final full approval effective May 22, 2001 submittal adequately addressed (n) Mariposa County APCD: on November 30, 2001. the conditions of the interim approval (1) Submitted on March 8, 1995; approval (b) Bay Area Air Quality Management effective on June 2, 1995. Feather River effective on February 5, 1996 unless adverse District (AQMD): AQMD is hereby granted final full approval or critical comments are received by January (1) Submitted on November 16, 1993, effective on November 30, 2001. 8, 1996. Interim approval expires on amended on October 27, 1994, and effective (h) Glenn County APCD: December 1, 2001. as an interim program on July 24, 1995. (1) Complete submittal received on (2) Revisions were submitted on September Revisions to interim program submitted on December 27, 1993; interim approval 20, 2001. The rule amendments contained in March 23, 1995, and effective on August 22, effective on August 14, 1995; interim the September 20, 2001 submittal adequately 1995, unless adverse or critical comments are approval expires December 1, 2001. addressed the conditions of the interim received by July 24, 1995. Approval of (2) Revisions were submitted on September approval effective on February 5, 1996. interim program, including March 23, 1995, 13, 2001. The rule amendments contained in Mariposa County APCD is hereby granted revisions, expires December 1, 2001. the September 13, 2001 submittal adequately final full approval effective on November 30, (2) Revisions were submitted on May 30, addressed the conditions of the interim 2001. 2001. The rule amendments contained in the approval effective on August 14, 1995. Glenn (o) Mendocino County APCD: May 30, 2001 submittal adequately addressed County APCD is hereby granted final full (1) Complete submittal received on the conditions of the interim approval approval effective on November 30, 2001. December 27, 1993; interim approval effective on July 24, 1995. Bay Area Air (i) Great Basin Unified APCD: effective on June 2, 1995; interim approval Quality Management District is hereby (1) Complete submittal received on January expires December 1, 2001. granted final full approval effective on 12, 1994; interim approval effective on June (2) Revisions were submitted on April 13, November 30, 2001. 2, 1995; interim approval expires December 2001. The rule amendments contained in the (c) Butte County APCD: 1, 2001. April 13, 2001 submittal adequately (1) Complete submittal received on (2) Revisions were submitted on May 18, addressed the conditions of the interim December 16, 1993; interim approval 2001. The rule amendments contained in the approval effective on June 2, 1995. effective on June 2, 1995; interim approval May 18, 2001 submittal adequately addressed Mendocino County APCD is hereby granted expires December 1, 2001. the conditions of the interim approval final full approval effective on November 30, (2) Revisions were submitted on May 17, effective on June 2, 1995. Great Basin Unified 2001. 2001. The rule amendments contained in the APCD is hereby granted final full approval (p) Modoc County APCD: May 17, 2001 submittal adequately addressed effective on November 30, 2001. (1) Complete submittal received on the conditions of the interim approval (j) Imperial County APCD: December 27, 1993; interim approval effective on June 2, 1995. Butte County APCD (1) Complete submittal received on March effective on June 2, 1995; interim approval is hereby granted final full approval effective 24, 1994; interim approval effective on June expires December 1, 2001. on November 30, 2001. 2, 1995; interim approval expires December (2) Revisions were submitted on September (d) Calaveras County APCD: 1, 2001. 12, 2001. The rule amendments contained in (1) Complete submittal received on October (2) Revisions were submitted on August 2, the September 12, 2001 submittal adequately 31, 1994; interim approval effective on June 2001. The rule amendments contained in the addressed the conditions of the interim 2, 1995; interim approval expires December August 2, 2001 submittal adequately 1, 2001. addressed the conditions of the interim approval effective on June 2, 1995. Modoc (2) Revisions were submitted on July 27, approval effective on June 2, 1995. Imperial County APCD is hereby granted final full 2001. The rule amendments contained in the County APCD is hereby granted final full approval effective on November 30, 2001. July 27, 2001 submittal adequately addressed approval effective on November 30, 2001. (q) Mojave Desert AQMD: the conditions of the interim approval (k) Kern County APCD: (1) Complete submittal received on March effective on June 2, 1995. Calaveras County (1) Complete submittal received on 10, 1995; interim approval effective on March APCD is hereby granted final full approval November 16, 1993; interim approval 6, 1996; interim approval expires December effective on November 30, 2001. effective on June 2, 1995; interim approval 1, 2001. (e) Colusa County APCD: expires December 1, 2001. (2) Revisions were submitted on June 4, (1) Complete submittal received on (2) Revisions were submitted on May 24, 2001 and July 11, 2001. The rule February 24, 1994; interim approval effective 2001. The rule amendments contained in the amendments contained in the June 4, 2001 on June 2, 1995; interim approval expires May 24, 2001 submittal adequately addressed and July 11, 2001 submittals adequately December 1, 2001. the conditions of the interim approval addressed the conditions of the interim (2) Revisions were submitted on August 22, effective on June 2, 1995. Kern County APCD approval effective on March 6, 1995. Mojave 2001 and October 10, 2001. The rule is hereby granted final full approval effective Desert AQMD is hereby granted final full amendments contained in the August 22, on November 30, 2001. approval effective on November 30, 2001. 2001 and October 10, 2001 submittals (l) Lake County AQMD: (r) Monterey Bay Unified Air Pollution adequately addressed the conditions of the (1) Complete submittal received on March Control District: interim approval effective on June 2, 1995. 15, 1994; interim approval effective on (1) Submitted on December 6, 1993, Colusa County APCD is hereby granted final August 14, 1995; interim approval expires supplemented on February 2, 1994 and April full approval effective on November 30, 2001. December 1, 2001. 7, 1994, and revised by the submittal made (f) El Dorado County APCD: (2) Revisions were submitted on June 1, on October 13, 1994; interim approval (1) Complete submittal received on 2001. The rule amendments contained in the effective on November 6, 1995; interim November 16, 1993; interim approval June 1, 2001 submittal adequately addressed approval expires December 1, 2001. effective on June 2, 1995; interim approval the conditions of the interim approval (2) Revisions were submitted on May 9, expires December 1, 2001. effective on August 14, 1995. Lake County 2001. The rule amendments contained in the (2) Revisions were submitted on August 16, AQMD is hereby granted final full approval May 9, 2001 submittal adequately addressed 2001. The rule amendments contained in the effective on November 30, 2001. the conditions of the interim approval August 16, 2001 submittals adequately (m) Lassen County APCD: effective on November 6, 1995. Monterey Bay addressed the conditions of the interim (1) Complete submittal received on January Unified Air Pollution Control District is approval effective on June 2, 1995. El Dorado 12, 1994; interim approval effective on June hereby granted final full approval effective County APCD is hereby granted final full 2, 1995; interim approval expires December on November 30, 2001. approval effective on November 30, 2001. 1, 2001. (s) North Coast Unified AQMD: (g) Feather River AQMD: (2) Revisions were submitted on August 2, (1) Complete submittal received on (1) Complete submittal received on 2001. The rule amendments contained in the February 24, 1994; interim approval effective December 27, 1993; interim approval August 2, 2001 submittal adequately on June 2, 1995; interim approval expires effective on June 2, 1995; interim approval addressed the conditions of the interim December 1, 2001. expires December 1, 2001. approval effective on June 2, 1995. Lassen (2) Revisions were submitted on May 24, (2) Revisions were submitted on May 22, County APCD is hereby granted final full 2001. The rule amendments contained in the 2001. The rule amendments contained in the approval effective on November 30, 2001. May 24, 2001 submittal adequately addressed
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the conditions of the interim approval (2) Revisions were submitted on June 29, on August 14, 1995; interim approval expires effective on June 2, 1995. North Coast 2001. The rule amendments contained in the December 1, 2001. Unified AQMD is hereby granted final full June 29, 2001 submittal adequately addressed (2) Revisions were submitted on June 4, approval effective on November 30, 2001. the conditions of the interim approval 2001. The rule amendments contained in the (t) Northern Sierra AQMD: effective on May 24, 1996. San Joaquin June 4, 2001 submittal adequately addressed (1) Complete submittal received on June 6, Valley Unified APCD is hereby granted final the conditions of the interim approval 1994; interim approval effective on June 2, full approval effective on November 30, 2001. effective on August 14, 1995. Tehama County 1995; interim approval expiresDecember 1, (z) San Luis Obispo County APCD: APCD is hereby granted final full approval 2001. (1) Complete submittal received on effective on November 30, 2001. (2) Revisions were submitted on May 24, November 16, 1995; interim approval (ff) Tuolumne County APCD: 2001. The rule amendments contained in the effective on December 1, 1995; interim (1) Complete submittal received on May 24, 2001 submittal adequately addressed approval expires December 1, 2001. November 16, 1993; interim approval the conditions of the interim approval (2) Revisions were submitted on May 18, effective on June 2, 1995; interim approval effective on June 2, 1995. Northern Sierra 2001. The rule amendments contained in the expires December 1, 2001. AQMD is hereby granted final full approval May 18, 2001 submittal adequately addressed (2) Revisions were submitted on July 18, effective on November 30, 2001. the conditions of the interim approval 2001. The rule amendments contained in the (u) Northern Sonoma County APCD: effective on December 1, 1995. San Luis July 18, 2001 submittal adequately addressed (1) Complete submittal received on January Obispo County APCD is hereby granted final the conditions of the interim approval 12, 1994; interim approval effective on June full approval effective on November 30, 2001. effective on June 2, 1995. Tuolumne County 2, 1995; interim approval expires December (aa) Santa Barbara County APCD: APCD is hereby granted final full approval 1, 2001. (1) Submitted on November 15, 1993, as effective on November 30, 2001. (2) Revisions were submitted on May 21, amended March 2, 1994, August 8, 1994, (gg) Ventura County APCD: 2001. The rule amendments contained in the December 8, 1994, June 15, 1995, and (1) Submitted on November 16, 1993, as May 21, 2001 submittal adequately addressed September 18, 1997; interim approval amended December 6, 1993; interim approval the conditions of the interim approval effective on December 1, 1995; interim effective on December 1, 1995; interim effective on June 2, 1995. Northern Sonoma approval expires on December 1, 2001. approval expires December 1, 2001. APCD is hereby granted final full approval (2) Revisions were submitted on April 5, (2) Revisions were submitted on May 21, 2001. The rule amendments contained in the effective on November 30, 2001. 2001. The rule amendments contained in the April 5, 2001 submittal adequately addressed (v) Placer County APCD: May 21, 2001 submittal adequately addressed the conditions of the interim approval (1) Complete submittal received on the conditions of the interim approval effective on December 1, 1995. Santa Barbara December 27, 1993; interim approval effective on December 1, 1995. Ventura County APCD is hereby granted final full effective on June 2, 1995; interim approval approval effective on November 30, 2001. County APCD is hereby granted final full expires December 1, 2001. (bb) Shasta County AQMD: approval effective on November 30, 2001. (2) Revisions were submitted on May 4, (1) Complete submittal received on (hh) Yolo-Solano AQMD: 2001. The rule amendments contained in the November 16, 1993; interim approval (1) Complete submittal received on October May 4, 2001 submittal adequately addressed effective on August 14, 1995; interim 14, 1994; interim approval effective on June the conditions of the interim approval approval expires December 1, 2001. 2, 1995; interim approval expiresDecember 1, effective on June 2, 1995. Placer County (2) Revisions were submitted on May 18, 2001. APCD is hereby granted final full approval 2001. The rule amendments contained in the (2) Revisions were submitted on May 9, effective on November 30, 2001. May 18, 2001 submittal adequately addressed 2001. The rule amendments contained in the (w) The Sacramento Metropolitan Air the conditions of the interim approval May 9, 2001 submittal adequately addressed Quality Management District: effective on August 14, 1995. Shasta County the conditions of the interim approval (1) Complete submittal received on August AQMD is hereby granted final full approval effective on June 2, 1995. Yolo-Solano AQMD 1, 1994; interim approval effective on effective on November 30, 2001. is hereby granted final full approval effective September 5, 1995; interim approval expires (cc) Siskiyou County APCD: on November 30, 2001. December 1, 2001. (1) Complete submittal received on * * * * * (2) Revisions were submitted on June 1, December 6, 1993; interim approval effective [FR Doc. 01–30368 Filed 12–6–01; 8:45 am] 2001. The rule amendments contained in the on June 2, 1995; interim approval expires June 1, 2001 submittal adequately addressed December 1, 2001. BILLING CODE 6560–50–P the conditions of the interim approval (2) Revisions were submitted on September effective on September 5, 1995. The 28, 2001. The rule amendments contained in Sacramento Metropolitan Air Quality the September 28, 2001 submittal adequately FEDERAL COMMUNICATIONS Management District is hereby granted final addressed the conditions of the interim COMMISSION full approval effective on November 30, 2001. approval effective on June 2, 1995. Siskiyou (x) San Diego County Air Pollution Control County APCD is hereby granted final full 47 CFR Parts 25 and 101 District: approval effective on November 30, 2001. (1) Submitted on April 22, 1994 and (dd) South Coast Air Quality Management [IB Docket No. 98–172; FCC–01–323] amended on April 4, 1995 and October 10, District: 1995; approval effective on February 5, 1996, (1) Submitted on December 27, 1993 and Redesignation of the 18 GHz unless adverse or critical comments are amended on March 6, 1995, April 11, 1995, Frequency Band, Blanket Licensing of received by January 8, 1996. Interim approval September 26, 1995, April 24, 1996, May 6, Satellite Earth Stations in the Ka-band, expires on December 1, 2001. 1996, May 23, 1996, June 5, 1996 and July and the Allocation of Additional (2) Revisions were submitted on June 4, 29, 1996; approval effective on March 31, Spectrum for Broadcast Satellite- 2001. The rule amendments contained in the 1997. Interim approval expires on December Service Use June 4, 2001 submittal adequately addressed 1, 2001. the conditions of the interim approval (2) Revisions were submitted on August 2, AGENCY: Federal Communications effective on February 5, 1996. The San Diego 2001 and October 2, 2001. The rule Commission. County Air Pollution Control District is amendments contained in the August 2, 2001 ACTION: hereby granted final full approval effective and October 2, 2001 submittals adequately Final rule. on November 30, 2001. addressed the conditions of the interim SUMMARY: In this document we grant in (y) San Joaquin Valley Unified APCD: approval effective on March 31, 1997. South part and deny in part the petitions for (1) Complete submittal received on July 5 Coast AQMD is hereby granted final full and August 18, 1995; interim approval approval effective on November 30, 2001. reconsideration of the 18 GHz Order effective on May 24, 1996; interim approval (ee) Tehama County APCD: filed by Hughes Electronics Corporation expires May 25, 1998. Interim approval (1) Complete submittal received on (Hughes), the Fixed Wireless expires on December 1, 2001. December 6, 1993; interim approval effective Communications Coalition (FWCC) and
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Winstar Communications, Inc. relocate an existing terrestrial fixed Supplemental Final Regulatory (Winstar). We defer for action in a future station in the 19.26–19.3 GHz band, or Flexibility Analysis Commission order certain issues raised low-power terrestrial fixed service As required by the Regulatory by Hughes relating to the band plan station in the 18.8–19.3 GHz band, the Flexibility Act (RFA), a Final Regulatory adopted in the 18 GHz Order and FS operator will be able to receive Flexibility Analysis (IRFA) of the blanket licensing. We also address a comparable facilities at no cost to the possible significant economic impact on number of issues raised by Teledesic fixed operator. small entities was incorporated in the Corporation (Teledesic) in its letter to 3. We are persuaded by Hughes and 18 GHz Order. The Commission sought the Commission and its request for several commenters to reverse the written public comments on the judicial review of the rules adopted by Legacy List policy that we adopted in proposals in the 18 GHz NPRM the Commission in the 18 GHz Order. the 18 GHz Order. As a result, this including comment on the IRFA. This DATES: Effective January 7, 2002. Order removes § 25.145(i) of our rules Supplemental Final Regulatory FOR FURTHER INFORMATION CONTACT: and the requirement for a GSO/FSS Flexibility Analysis (FRFA) conforms to Richard Engelman, Planning & space station licensee to use of the the RFA. Negotiations Division, International Legacy List coordination process to A. Need for, and Objectives of, the Rules Bureau, (202) 418–2150 or via electronic alleviate interference to a terrestrial mail: [email protected]. In addition to fixed station. In this First Order on filing comments with the Office of the Reconsideration, the Commission 4. This Order also generally affirms Secretary, a copy of any comments on changes the pfd value for the 18.3–18.8 our basic findings in the 18 GHz Order the information collections contained GHz frequency band to the values in with regard to the blanket licensing herein should be submitted to Judy § 25.208(c) to be consistent with the pfd rules. It changes, however the power Boley, Federal Communications limit in the Radio Regulations of the flux-density (pfd) value for the 18.3– Commission, Room 1–C804, 445 12th International Telecommunication Union Street, SW., Washington, DC 20554, or 18.8 GHz frequency band to the values and remove § 25.208(d). This First Order via the Internet to [email protected]. in § 25.208(c) to be consistent with the on Reconsideration also determines that pfd limit in the Radio Regulations of the ¥ SUPPLEMENTARY INFORMATION: the pfd level in § 25.138(a)(6) of 118 The full International Telecommunication Union text of this Commission decision is dBW/m2/MHz should apply to all and removes § 25.208(d). We also available for inspection and copying Geostationary Satellite Orbit/Fixed determine that the pfd level in during normal business hours in the Satellite Service (GSO/FSS) downlink § 25.138(a)(6) of ¥118 dBW/m2/MHz FCC Reference Center (Room CY–A257) bands in which the Commission permits should apply to all Geostationary 445 12th Street, SW., Washington, DC blanket licensing. It amends § 101.97 to Satellite Orbit/Fixed Satellite Service and may also be purchased from the clarify that an incumbent Fixed Service (GSO/FSS) downlink bands in which Commission’s copy contractor, (FS) licensee retains primary status the Commission permits blanket International Transcription Services notwithstanding a change in ownership licensing. We amend § 101.97 to clarify (ITS), Inc., (202) 857–3800, 1231 20th or control. Further, this First Order on that an incumbent Fixed Service (FS) Street, NW., Washington, DC 20036. Reconsideration clarifies that an licensee retains primary status incumbent licensee is entitled to a Summary of the Order on notwithstanding a change in ownership twelve-month trial period after Reconsideration or control. Further, we clarify that an relocation to test the new facilities. 1. In this First Order on incumbent licensee is entitled to a 12- Upon reconsideration, this First Order Reconsideration we addressed issues month trial period after relocation to on Reconsideration also concludes that raised by Hughes, FWCC, Winstar, and test the new facilities. existing terrestrial services operating in Teledesic in petitions to the 5. Finally, this Order generally denies the 19.26–19.3 GHz band will not be Commission for reconsideration, and a the requests to reconsider the relocation allowed to recover relocation petition to the United States Court of issues, and reaffirms the Commission reimbursement on a permanent basis, Appeals for the District of Columbia for decision to adopt the relocation rules and will be subject to the ten year judicial review of the 18 GHz Order. codified in §§ 101.89 and 101.91. This is sunset period applicable to other FS The issues generally fall into one of four in part because we find that it is operations in the 18 GHz band. This groups: 18 GHz band plan, licensing, appropriate to apply in the 18 GHz band First Order on Reconsideration also Legacy List, and relocation. the established policy that the takes the following steps to better 2. With regard to the 18 GHz band Commission has employed in other reconcile the competing interests of the plan, this Order gives the NGSO/FSS similar circumstances. In addition, we new entrants and the low-power operators increased flexibility in find that it is Commission policy to terrestrial fixed service operators in relocating interfering terrestrial fixed enable an incumbent, that is required to satellite bands: (1) Cuts off any further stations by terminating after ten years relocate, to construct a comparable low-power fixed service applications the co-primary status of existing replacement system without the under § 101.147(r)(10) as of April 1, terrestrial fixed stations in the 19.26– additional burden of undue costs. 2002 (outdoor applications were already 19.3 GHz band, and low-power Moreover, this Order finds that the cut off in the 18 GHz Order); and (2) terrestrial fixed service stations in the alternative proposals offered by permits low-power services authorized 18.8–19.3 GHz band. This Order finds Teledesic for measuring relocation costs pursuant § 101.147(r)(10) to continue to that it is appropriate to treat such are plainly inconsistent with this operate on a co-primary basis for a operations in the same manner as other Commission goal. We further find that, period of ten years, subject to the right operations in the 18 GHz band, and that contrary to the allegations made by of satellite providers to require low- such treatment necessarily includes the Teledesic, new entrants benefit from the power operators to relocate. Finally, this right to compensation for relocation of Commission policy of seeking to ensure First Order on Reconsideration removes both parts of a channel pair. Thus, this that incumbents have every possible § 25.145(i) of our rules and reverses the Order provides that, where it becomes reasonable incentive to relocate Legacy List policy that the Commission necessary during the ten years to promptly and voluntarily. adopted in the 18 GHz Order; thus, the
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Commission will no longer require the definition provides that a small entity is 1996, there were eight DBS licensees. use of the Legacy List coordination one with $11.0 million or less in annual However, the Commission does not process by an FSS space station licensee receipts. According to the Census collect annual revenue data for DBS to alleviate interference to a terrestrial Bureau, there were a total of 848 and, therefore, is unable to ascertain the fixed station. communications service providers, number of small DBS licensees that could be impacted by these proposed B. Summary of Significant Issues Raised NEC, in operation in 1992, and a total rules. Although DBS service requires a by Public Comments in Response to the of 775 had annual receipts of less than great investment of capital for operation, IRFA $9.999 million. The Census report does not provide more precise data. we acknowledge that there are several No comments were submitted in new entrants in this field that may not direct response to the IRFA. 2. Fixed Satellite Transmit/Receive yet have generated more than $11 Earth Stations C. Description and Estimate of the million in annual receipts, and therefore Number of Small Entities To Which the Currently there are no operational may be categorized as a small business, Rules Will Apply fixed satellite transmit/receive earth if independently owned and operated. stations authorized for use in the 17.7– 7. Auxiliary, Special Broadcast and The RFA directs agencies to provide 20.2 GHz and 27.5–30 GHz band. Other Program Distribution Services a description of and, where feasible, an However, with 12 GSO/FSS licensees estimate of the number of small entities and 1 NGSO/FSS licensee, and our This service involves a variety of that may be affected by the adopted decision to adopt blanket licensing, we transmitters, generally used to relay rules. The RFA generally defines the expect applications for FSS earth station broadcast programming to the public term ‘‘small entity’’ as having the same licenses to be filed in the near future. (through translator and booster stations) meaning as the terms ‘‘small business,’’ We do not request or collect annual or within the program distribution chain ‘‘small organization,’’ and ‘‘small revenue information, and thus are (from a remote news gathering unit back governmental jurisdiction.’’ In addition, unable to estimate the number of earth to the station). At the frequencies under the term ‘‘small business’’ has the same stations that would constitute a small consideration in this proceeding there meaning as the term ‘‘small business business under the SBA definition. are no transmissions of this type concern’’ under the Small Business Act. directly to the public. The Commission A small business concern is one which: 3. Mobile Satellite Earth Station Feeder has not developed a definition of small (1) Is independently owned and Links entities applicable to broadcast auxiliary operated; (2) is not dominant in its field We have granted one license for MSS licensees. Therefore, the applicable of operation; and (3) satisfies any earth station feeder links. We do not definition of small entity is the additional criteria established by the request or collect annual revenue definition under the Small Business Small Business Administration (SBA). A information, and thus are unable to Administration (SBA) rules applicable small organization is generally ‘‘any not- estimate of the number of mobile to radio broadcasting stations (SIC 4832) for-profit enterprise which is satellite earth stations that would and television broadcasting stations (SIC independently owned and operated and constitute a small business under the 4833). These definitions provide, is not dominant in its field.’’ SBA definition. respectively, that a small entity is one Nationwide, as of 1992, there were with either $5.0 million or less in approximately 275,801 small 4. Space Stations (Geostationary) annual receipts or $10.5 million in organizations. ‘‘Small governmental Commission records reveal that there annual receipts. 13 CFR 121.201, SIC jurisdiction’’ generally means are 12 space station licensees. We do CODES 4832 and 4833. The numbers of ‘‘governments of cities, counties, towns, not request nor collect annual revenue these stations are very small. The FCC townships, villages, school districts, or information, and thus are unable to does not collect financial information special districts, with a population of estimate of the number of geostationary on any broadcast facility and the less than 50,000.’’ As of 1992, there space stations that would constitute a Department of Commerce does not were approximately 85,006 such small business under the SBA collect financial information on these jurisdictions in the United States. This definition, or apply any rules providing auxiliary broadcast facilities. We number includes 38,978 counties, cities, special consideration for Space Station believe, however, that by themselves and towns; of these, 37,566, or 96 (Geostationary) licensees that are small most, if not all, of these auxiliary percent, have populations of fewer than businesses. facilities could be classified as small 50,000. The Census Bureau estimates businesses. We also recognize that most that this ratio is approximately accurate 5. Space Stations (Non-Geostationary) of these types of services are owned by for all governmental entities. Thus, of There is one Non-Geostationary Space a parent station which, in some cases, the 85,006 governmental entities, we Station licensee and that licensee is would be covered by the revenue estimate that 81,600 (91 percent) are operational. We do not request or collect definition of small business entity small entities. Below, we further annual revenue information, and thus discussed above. These stations would describe and estimate the number of are unable to estimate of the number of likely have annual revenues that exceed small entity licensees that may be non-geostationary space stations that the SBA maximum to be designated as affected by the adopted rules. would constitute a small business under a small business (as noted, either $5 the SBA definition. million for a radio station or $10.5 1. International Services million for a TV station). Furthermore, 6. Direct Broadcast Satellites The Commission has not developed a they do not meet the Small Business definition of small entities applicable to Because DBS provides subscription Act’s definition of a ‘‘small business licensees in the international services. services, DBS falls within the SBA concern’’ because they are not Therefore, the applicable definition of definition of Cable and Other Pay independently owned and operated. small entity is generally the definition Television Services (SIC 4841). This under the SBA rules applicable to definition provides that a small entity is 8. Microwave Services Communications Services, Not expressed as one with $11.0 million or Microwave services includes common Elsewhere Classified (NEC). This less in annual receipts. As of December carrier, private operational fixed, and
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broadcast auxiliary radio services. At thereof) will also be published in the (6) Power flux-density (PFD) at the present, there are 22,015 common Federal Register. See 5 U.S.C. 604(b). Earth’s surface produced by emissions carrier licensees, approximately 61,670 from a space station for all conditions, Ordering Clauses private operational fixed licensees and including clear sky, and for all methods broadcast auxiliary radio licensees in Pursuant to sections 1, 4(i), 4(j), 301, of modulation shall not exceed a level the microwave services. Inasmuch as 302, 303(c), 303(e), 303(f), 303(r) and of ¥118 dBW/m2/MHz, in addition to the Commission has not yet defined a 403 of the Communications Act of 1934, the limits specified in § 25.208 (d). small business with respect to as amended, 47 U.S.C. 151, 154 (i), * * * * * microwave services, we will utilize the 154(j), 301, 302, 303(c), 303(e), 303(f), 3. Section 25.145 is amended by SBA’s definition applicable to 303 (r), and 403, this First Order on revising paragraph (h) and removing radiotelephone companies—i.e., an Reconsideration is adopted and that paragraph (i) to read as follows: entity with no more than 1,500 persons. parts 25 and 101 of the Commission’s 13 CFR 121.201, SIC CODE 4812. We rules ARE AMENDED, as specified in § 25.145 Licensing Conditions for the estimate, for this purpose, that all of the the rules, Effective January 7, 2002. Fixed-Satellite Service in the 20/30 GHz Fixed Microwave licensees (excluding The Regulatory Flexibility Analysis as Bands. broadcast auxiliary licensees) would required by section 604 of the * * * * * qualify as small entities under the SBA Regulatory Flexibility Act and as set (h) Policy governing the relocation of definition for radiotelephone forth is adopted. terrestrial services from the 18.58 to 19.3 companies. The Commission’s Consumer GHz band. Frequencies in the 18.58– Information Bureau SHALL SEND a 19.3 GHz band listed in parts 21, 74, 78, D. Description of Projected Reporting, copy of this First Order on and 101 of this chapter have been Recordkeeping, and Other Compliance Reconsideration, including the reallocated for primary use by the Requirements Supplemental Final Regulatory Fixed-Satellite Service, subject to The Commission has adopted rules in Flexibility Analysis to the Chief Counsel various provisions for the existing this First Order on Reconsideration that for Advocacy of the Small Business terrestrial licenses. Fixed-Satellite involve no reporting requirements. Administration. Service operations are not entitled to This proceeding is terminated protection from the co-primary E. Steps Taken To Minimize Significant pursuant to sections 4(i) and 4(j) of the operations until after the period during Economic Impact on Small Entities, and Communications Act of 1934, as which terrestrial stations remain co- Significant Alternatives Considered amended, 47 U.S.C. 154(i), and 154 (j). primary has expired. (see §§ 21.901(e), 74.502(c), 74.602(g), 78.18(a)(4), and The changes made by this First Order List of Subjects on Reconsideration do not affect small 101.147(r) of this chapter). entities disproportionately and it is 47 CFR Part 25 4. In § 25.202, footnote 7 of the table following paragraph (a)(1) is revised to likely no additional outside professional Communications common carriers, read as follows: skills will be necessary to comply with communications equipment, Radio, the rules and requirements here listed. Satellites, Telecommunications. § 25.202 Frequencies, frequency tolerance The 18 GHz NPRM solicited comment and emission limitations. on several alternatives for spectrum 47 CFR Part 101 * * * * * sharing blanket licensing, and band Communications equipment, Radio. 7 The band 18.8–19.3 GHz is shared co- segmentation. This First Order on Federal Communications Commission. equally with terrestrial radiocommunications Reconsideration considered comments services until June 8, 2010. William F. Caton, offering alternatives, and has acted in * * * * * response to stated concerns and Deputy Secretary. 5. Section 25.208 is amended by suggestions, particularly those Rule Changes revising paragraph (c), removing representing significant agreement or paragraph (d), and redesignating consensus by commenters. The For the reasons set forth in the paragraph (e) as paragraph (d) and decisions of this First Order on preamble, parts 25, and 101 of title 47 paragraph (f) as paragraph (e) to read as Reconsideration should positively of the Code of Federal Regulations are follows: impact both large and small businesses amended as follows: by providing a faster, more efficient, and § 25.208 Power flux-density limits. less economically burdensome PART 25—SATELLITE COMMUNICATIONS * * * * * coordination and licensing procedure. (c) In the 18.3–18.8 GHz, 19.3–19.7 F. Report to Congress 1. The authority citation for part 25 GHz, 22.55–23.00 GHz, 23.00–23.55 continues to read as follows: GHz, and 24.45–24.75 GHz frequency The Commission will send a copy of bands, the power flux-density at the this First Order on Reconsideration Authority: 47 U.S.C. 701–744. Interprets or applies § 303, 47 U.S.C. 303. 47 U.S.C. Earth’s surface produced by emissions including this Supplemental FRFA, in a §§ 154, 301, 302, 303, 307, 309 and 332, from a space station for all conditions report to be sent to Congress pursuant unless otherwise noted. and for all methods of modulation shall to the Small Business Regulatory 2. Section 25.138 is amended by not exceed the following values: Enforcement Fairness Act of 1966, see 5 (1) ¥115 dB (W/m2) in any 1 MHz U.S.C. 801 (a)(1)(A). In addition, the revising paragraph (a)(6) to read as follows: band for angles of arrival between 0 and Commission will send a copy of this 5 degrees above the horizontal plane. First Order on Reconsideration, § 25.138 Blanket licensing provisions of (2) ¥115+0.5 (d–5) dB (W/m2) in any including this Supplemental FRFA, to GSO FSS Earth Stations in the 18.58–18.8 1 MHz band for angles of arrival d (in the Chief Counsel for Advocacy of the GHz (space-to-Earth), 19.7–20.2 GHz (space- degrees) between 5 and 25 degrees Small Business Administration. A copy to-Earth), 28.35–28.6 GHz (Earth-to-space) above the horizontal plane. of this First Order on Reconsideration and 29.5–30.0 GHz (Earth-to-space) bands. (3) ¥105 dB (W/m2) in any 1 MHz and Supplemental FRFA (or summaries (a) * * * band for angles of arrival between 25
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and 90 degrees above the horizontal § 101.91 Involuntary relocation a co-primary basis until October 31, plane. procedures. 2011. Those stations operating on the * * * * * * * * * * following frequencies in the band 18.8– (c) * * * The FS licensee may take up 19.3 GHz that were licensed or had PART 101—FIXED MICROWAVE to 12 months to make such adjustments applications pending before the SERVICES and perform such testing. Commission as of September 18, 1998 * * * * * may continue those operations on a 6. The authority citation for part 101 9. Section 101.95 is amended by shared co-primary basis with other continues to read as follows: revising the section heading to read as services under parts 21, 25, and 74 of Authority: 47 U.S.C. 154, and 303. follows: the Commission’s rules until June 8, 2010. After this date, operations in the 7. Section 101.85 is amended by § 101.95 Sunset provisions for licensees in 18.58–19.30 GHz band are not entitled the 18.58–19.30 GHz band. revising paragraph (b) to read as follows: to protection from fixed-satellite service * * * * * operations and must not cause § 101.85 Transition of the 18.58–19.3 GHz 10. Section 101.97 is amended by unacceptable interference to fixed- band from the terrestrial fixed services to adding a new paragraph (a)(9) to read as satellite service station operations. No the fixed-satellite service (FSS). follows: new part 101 licenses will be granted in * * * * * the 18.58–19.3 GHz band after June 8, (b) FS operations in the 18.58–19.30 § 101.97 Future licensing in the 18.58– 2010, except for certain low power 19.30 GHz band. GHz band that remain co-primary under operations authorized under paragraph the provisions of §§ 21.901(e), 74.502(c), (a) * * * (r)(10) of this section, which may 74.602(d), 78.18(a)(4) of this chapter, (9) Changes in ownership or control. continue to be licensed until April 1, and § 101.147(r) will continue to be co- * * * * * 2002. Licensees may use either a two- primary with the FSS users of this 11. Section 101.147 is amended by way link or one frequency of a spectrum until June 8, 2010 or until the revising paragraph (r) introductory text frequency pair for a one-way link and relocation of the fixed service and by adding a sentence at the end of must coordinate proposed operations operations, whichever occurs sooner, paragraph (r)(10)(iv) to read as follows: pursuant to the procedures required in except for operations in the band 19.26– § 101.103. (Note, however, that stations § 101.147 Frequency assignments. 19.3 GHz and low power systems authorized as of September 9, 1983, to operating pursuant to § 101.47(r) (10), * * * * * use frequencies in the band 17.7–19.7 which shall operate on a co-primary (r) 17,700 to 19,700 and 24,250 to GHz may, upon proper application, basis until October 31, 2011. If no 25,250 MHz: Stations operating on the continue to be authorized for such agreement is reached during the following frequencies in the band operations, consistent with the negotiations, an FSS licensee may 18.58–18.8 GHz that were licensed or conditions related to the 18.58–19.3 initiate relocation procedures. Under had applications pending before the GHz band.) the relocation procedures, the Commission as of June 8, 2010 may * * * * * continue those operations on a shared incumbent is required to relocate, (10) * * * co-primary basis with other services provided that the FSS licensee meets (iv) * * * No new licenses will be the conditions of § 101.91. under parts 21, 25, and 74 of the Commission’s rules until June 8, 2010, authorized for applications received * * * * * except for operations in the band 19.26– after April 1, 2002. 8. Section 101.91 is amended by 19.3 GHz and low power systems * * * * * adding a sentence to the end of operating pursuant to paragraph (r)(10) [FR Doc. 01–30304 Filed 12–6–01; 8:45 am] paragraph (c) to read as follows: of this section, which shall operate on BILLING CODE 6712–01–P
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Proposed Rules Federal Register Vol. 66, No. 236
Friday, December 7, 2001
This section of the FEDERAL REGISTER Site at ‘‘www.ots.treas.gov’’. In addition, OTS encourages e-mail or facsimile contains notices to the public of the proposed you may inspect comments at the Public submissions to ensure that it receives issuance of rules and regulations. The Reference Room, 1700 G Street, NW., by comments in a timely manner, in light purpose of these notices is to give interested appointment. To make an appointment of recent experience with postal service persons an opportunity to participate in the for access, call (202) 906–5922, send an interruptions in the Washington, DC rule making prior to the adoption of the final rules. e-mail message to area. [email protected], or send a Dated: December 3, 2001. facsimile transmission to (202) 906– By the Office of Thrift Supervision. 7755. (Please identify the materials you DEPARTMENT OF THE TREASURY Ellen Seidman, would like to inspect, to assist us in Director. Office of Thrift Supervision serving you.) We schedule appointments on business days between [FR Doc. 01–30306 Filed 12–6–01; 8:45 am] 12 CFR Part 584 10 a.m. until 4 p.m. In most cases, BILLING CODE 6720–01–U [No. 2001–76] appointments will be available the next business day following the date we RIN 1550–AB52 receive your request. DEPARTMENT OF TRANSPORTATION Authority for Certain Savings and Loan FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration Holding Companies To Engage in Donna M. Deale, (202) 906–7488, Financial Activities Manager, Holding Company and 14 CFR Part 71 Affiliate Policy, Office of Supervision AGENCY: Office of Thrift Supervision, Policy; Kevin A. Corcoran, (202) 906– [Docket No. FAA–2001–10743; Airspace Docket No. 01–ASW–16] Treasury. 6962, Assistant Chief Counsel for ACTION: Notice of extension of comment Business Transactions, Business Proposed Realignment of Federal period. Transactions Division, Office of Chief Airway V–385; TX Counsel; and Sally Warner Watts, (202) SUMMARY: The Office of Thrift 906–7380, Counsel (Banking and AGENCY: Federal Aviation Supervision is extending the comment Finance), Regulations and Legislation Administration (FAA), DOT. period for the proposed rule published Division, Office of Chief Counsel; Office ACTION: Notice of proposed rule making. on November 8, 2001. The proposed of Thrift Supervision, 1700 G Street, SUMMARY: rule would clarify what financial NW., Washington, DC 20552. If you This action proposes to activities are authorized for certain want to access any of these telephone realign Federal Airway 385(V–385) savings and loan holding companies numbers by text telephone (TTY), you between Lubbock, TX, and Abilene, TX, after the Gramm-Leach-Bliley Act. This may call the toll-free Federal so that aircraft navigating on the airway extension will allow interested persons Information Relay Service at 1–800– will be able to remain clear of the newly until January 10, 2002 to provide 877–8339. established Lancer Military Operations comments on the proposed rule. Area (MOA). SUPPLEMENTARY INFORMATION: On DATES: Comments must be received by DATES: Comments must be received on November 8, 2001, OTS published a January 10, 2002. or before January 28, 2002. proposed rule on financial activities that ADDRESSES: Send comments on this ADDRESSES: are authorized for certain savings and Mail: Send comments to Regulations proposal to the Docket Management loan holding companies after the Comments, Chief Counsel’s Office, System, U.S. Department of Gramm-Leach-Bliley Act (66 FR 56488). Office of Thrift Supervision, 1700 G Transportation, Room Plaza 401, 400 That rule required interested persons to Street, NW., Washington, DC 20552, Seventh Street, SW., Washington, DC submit their comments by December 10, Attention Docket No. 2001–69. 20590–0001. You must identify the 2001. Delivery: Hand deliver comments to docket numbers FAA–2001–10743/ the Guard’s Desk, East Lobby Entrance, During the comment period, OTS Airspace Docket No. 01–ASW–16 at the 1700 G Street, NW., from 9 a.m. to 4 received a written request to extend the beginning of your comments. p.m. on business days, Attention comment period until January 10, 2002. You may also submit comments Regulation Comments, Chief Counsel’s The requestor, an association through the Internet to http:// Office, Docket No. 2001–69. representing financial organizations, dms.dot.gov. You may review the public Facsimile: Send facsimile sought an extension to permit its docket containing the proposal, any transmissions to FAX Number (202) member institutions to have time to comments received, and any final 906–6518, Attention Docket No. 2001– review the proposal, consider its disposition in person in the Dockets 69. implications, and develop meaningful Office between 9 a.m. and 5 p.m., E-mail: Send e-mail to comments. Monday through Friday, except Federal ‘‘[email protected]’’, In response to this request, OTS is holidays. The Dockets Office (telephone Attention Docket No. 2001–69, and extending the comment period for the 1–800–647–5527) is on the plaza level include your name and telephone proposed rule until January 10, 2002. of the NASSIF Building at the number. This will allow time for the requestor Department of Transportation at the Availability of comments: You may and other interested persons to develop above address. access the public comments and an and submit comments on the proposed An informal docket may also be index of comments on the OTS Internet rule. examined during normal business hours
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at the office of the Regional Air Traffic placed on a mailing list for future under the National Environmental Division, Federal Aviation NPRM’s should call the FAA’s Office of Policy Act in accordance with FAA Administration, 2601 Meacham Blvd; Rulemaking, (202) 267–9677, for a copy Order 1050.1D, Policies and Procedures Fort Worth, TX 76193–0500. of Advisory Circular No. 11–2A, Notice for Considering Environmental Impacts. FOR FURTHER INFORMATION CONTACT: of Proposed Rulemaking Distribution This airspace action is not expected to Steve Rohring, Airspace and Rules System, which describes the application cause any potentially significant Division, ATA–400, Office of Air Traffic procedure. environmental impacts, and no Airspace Management, Federal Aviation Background extraordinary circumstances exist that Administration, 800 Independence On February 21, 2002, the Lancer warrant preparation of an Avenue, SW., Washington, DC 20591; environmental assessment. telephone: (202) 267–8783. MOA will be designated between Lubbock, TX, and Abilene, TX. List of Subjects in 14 CFR Part 71 SUPPLEMENTARY INFORMATION: Currently, V–385 (between Lubbock and Comments Invited Abilene) passes through the eastern Airspace, Incorporation by reference, boundary of the new MOA. By moving Navigation (air). Interested parties are invited to a turning point (BOOMR intersection) participate in this proposed rulemaking The Proposed Amendment on V–385, the airway would be by submitting such written data, views, relocated approximately seven miles to or arguments as they may desire. In consideration of the foregoing, the the east of its present location. With this Comments that provide the factual basis Federal Aviation Administration realignment, aircraft may continue to supporting the views and suggestions proposes to amend 14 CFR Part 71 as use V–385 to navigate between Lubbock presented are particularly helpful in follows: and Abilene without encroaching upon developing reasoned regulatory the new Lancer MOA. decisions on the proposal. Comments PART 71—DESIGNATION OF CLASS A, are specifically invited on the overall The Proposal CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; regulatory, aeronautical, economic, The FAA is proposing an amendment AIRWAYS; ROUTES; AND REPORTING environmental, and energy-related to 14 CFR part 71 to realign V–385 aspects of the proposal. between Lubbock, TX, and Abilene, TX, POINTS Communications should identify both by relocating the BOOMR intersection 1. The authority citation for part 71 docket numbers and be submitted in and moving the airway approximately triplicate to the address listed above. seven miles to the east of its present continues to read as follows: Commenters wishing the FAA to location. This realignment will allow Authority: 49 U.S.C. 106(g), 40103, 40113, acknowledge receipt of their comments aircraft to navigate on the airway 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– on this action must submit with those between Lubbock, TX, and Abilene, TX, 1963 Comp., p. 389. comments a self-addressed, stamped without encroaching upon the new postcard on which the following Lancer MOA. § 71.1 [Amended] statement is made: ‘‘Comments to This regulation is limited to an 2. The incorporation by reference in Docket Nos. FAA 2001–10743/ Airspace established body of technical 14 CFR 71.1 of the Federal Aviation Docket No. ASD 01–ASW–16.’’ The regulations for which frequent and Administration Order 7400.9J, Airspace postcard will be date/time stamped and routine amendments are necessary to Designations and Reporting Points, returned to the commenter. All keep them operationally current. It, dated August 31, 2001, and effective communications received on or before therefore—(1) Is not a ‘‘significant the specified closing date for comments September 16, 2001, is amended as regulatory action’’ under Executive follows: will be considered before taking action Order 12866; (2) is not a ‘‘significant on the proposed rule. The proposal rule’’ under DOT Regulatory Policies Paragraph 6010(a)—Domestic VOR Federal contained in this action may be changed and Procedures (44 FR 11034; February Airways in light of comments received. All 26, 1979); and (3) does not warrant * * * * * comments submitted will be available preparation of a regulatory evaluation as for examination in the Rules Docket the anticipated impact is so minimal. V–385 [Revised] both before and after the closing date for Since it has been determined that this From Lubbock, TX, INT Lubbock comments. A report summarizing each is a routine matter that will only affect 105°T(094°M) and Abilene, TX, substantive public contact with FAA air traffic procedures and air navigation, 329°T(319°M) radials; Abilene. personnel concerned with this it is certified that this rule, when * * * * * rulemaking will be filed in the docket. promulgated, will not have a significant Issued in Washington, DC, on December 3, economic impact on a substantial Availability of NPRM 2001. number of small entities under the An electronic copy of this document criteria of the Regulatory Flexibility Act. Reginald C. Matthews, may be downloaded through the Federal airways are published in Manager, Airspace and Rules Division. Internet at http://dms.dot.gov. paragraph 6010(a) of FAA Order 7400.9J [FR Doc. 01–30360 Filed 12–6–01; 8:45 am] Additionally, any person may obtain dated August 31, 2001, and effective BILLING CODE 4910–13–P a copy of this action by submitting a September 16, 2001, which is request to the Federal Aviation incorporated by reference in 14 CFR Administration, Office of Air Traffic 71.1. The Federal airway listed in this Airspace Management, 800 document would be published Independence Avenue, SW., subsequently in the Order. Washington, DC 20591, or by calling (202) 267–8783. Communications must Environmental Review identify both docket numbers of this The FAA has determined that this NPRM. Persons interested in being action qualifies for categorical exclusion
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DEPARTMENT OF HEALTH AND compliance with the import tolerance OHRMS/DOCKETS/98fr/081001a.htm. HUMAN SERVICES will not be considered adulterated Because the agency has rescheduled the under the Federal Food, Drug, and meeting of the Veterinary Medicine Food and Drug Administration Cosmetic Act (the act) and may be Advisory Committee (VMAC) from imported into the United States. FDA is September 2001 to January 2002 (66 FR 21 CFR Part 500 taking action because it has rescheduled 58052, November 21, 2001), the agency [Docket No. 01N–0284] the public meeting on the issue and is extending the comment period 90 wishes to allow time for the days. The VMAC will be asked to Import Tolerances; Extension of consideration of comments made after discuss answers to questions similar to Comment Period the meeting. those posed in the ANPRM. DATES: Submit written or electronic II. Comments AGENCY: Food and Drug Administration, comments by March 11, 2002. HHS. Interested persons may submit written ADDRESSES: Submit written comments ACTION: or electronic comments regarding the Advance notice of proposed to the Dockets Management Branch ANPRM by March 10, 2002. Written or rulemaking; extension of comment (HFA–235), Food and Drug electronic comments should be period. Administration, 5630 Fishers Lane, rm. submitted to the Dockets Management 1061, Rockville, MD 20852. Submit SUMMARY: The Food and Drug Branch (address above). Two copies of electronic comments to http:// Administration (FDA) is extending to any comments are to be submitted, www.fda.gov/dockets/ecomments. March 11, 2002, the comment period for except that individuals may submit one the advance notice of proposed FOR FURTHER INFORMATION CONTACT: copy. Comments are to be identified rulemaking (ANPRM) that appeared in Frances Pell, Center for Veterinary with the docket number found in the Federal Register of August 10, 2001 Medicine (HFV–235), Food and Drug brackets in the heading of this (66 FR 42167). The ANPRM gave notice Administration, 7500 Standish Pl., document. Received comments may be that FDA was proposing a regulation for Rockville, MD 20855, 301–827–0188, e- seen in the office above between 9 a.m. establishing import tolerances. The mail: [email protected]. and 4 p.m., Monday through Friday. ANPRM was soliciting comments on SUPPLEMENTARY INFORMATION: Comments may also be submitted issues related to the implementation of I. Extension of Comment Period electronically on the Internet at: http:// the import tolerances provision in www.fda.gov/dockets/ecomments. Once section 4 of the Animal Drug In the Federal Register of August 10, on the Internet site, select 01N–0284 Availability Act of 1996 (ADAA). The 2001 (66 FR 42167), FDA published an Import Tolerances and follow the ADAA authorizes FDA to establish drug ANPRM that gave notice that FDA directions. residue tolerances (import tolerances) intends to propose a regulation for for imported food products of animal establishing import tolerances. Dated: November 30, 2001. origin for drugs that are used in other Interested persons were given until Margaret M. Dotzel, countries, but that are unapproved new December 10, 2001, to comment on the Associate Commissioner for Policy. animal drugs in the United States. Food ANPRM. The ANPRM is available on [FR Doc. 01–30331 Filed 12–6–01; 8:45 am] products of animal origin that are in the Internet at: http://www.fda.gov/ BILLING CODE 4160–01–S
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Notices Federal Register Vol. 66, No. 236
Friday, December 7, 2001
This section of the FEDERAL REGISTER information is to determine producer COMMITTEE FOR PURCHASE FROM contains documents other than rules or eligibility and establish producer PEOPLE WHO ARE BLIND OR proposed rules that are applicable to the profiles in support of the online process. SEVERELY DISABLED public. Notices of hearings and investigations, The reporting method is customer/ committee meetings, agency decisions and producer-based and focuses on Procurement List; Additions and rulings, delegations of authority, filing of Deletions petitions and applications and agency collecting and maintaining information statements of organization and functions are needed to authorize producers access to AGENCY: Committee for Purchase From examples of documents appearing in this E–LDP Services. People Who Are Blind or Severely section. Estimate of Burden: Public reporting Disabled. burden for the collection of information ACTION: Additions to and deletions from is estimated to average 4 minutes per DEPARTMENT OF AGRICULTURE the Procurement List. producer. SUMMARY: This action adds to the Notice of Request for Approval of a Respondents: Producers/corporations. New Information Collection Procurement List a commodity and Estimated Number of Respondents: services to be furnished by nonprofit AGENCY: Commodity Credit Corporation, 500. agencies employing persons who are USDA. Estimated Number of Responses per blind or have other severe disabilities, ACTION: Notice and request for Respondent: 1. and deletes from the Procurement List commodities previously furnished by comments. Estimated Total Annual Burden on such agencies. Respondents: 25 hours. SUMMARY: In accordance with the EFFECTIVE DATE: January 7, 2002. Paperwork Reduction Act of 1995, this Proposed topics for comment include: ADDRESSES: Committee for Purchase notice announces the intention of the (a) Whether the collection of From People Who Are Blind or Severely Commodity Credit Corporation to information is necessary for the proper Disabled, Jefferson Plaza 2, Suite 10800, request approval for collecting performance of the functions of the 1421 Jefferson Davis Highway, information necessary to pre-approve agency, including whether the Arlington, Virginia 22202–3259. producers who request Loan Deficiency information will have practical utility Payments online. This request does not and protect the interests of CCC and the FOR FURTHER INFORMATION CONTACT: involve any revisions to program rules producer; (b) the accuracy of the Sheryl D. Kennerly (703) 603–7740. or eligibility. The proposed ‘‘Request for agency’s estimate of burden including SUPPLEMENTARY INFORMATION: On August E–LDP Services’’ collects information the validity of the methodology and 17, September 21, October 5, October 12 that is necessary to determine whether assumptions used; (c) ways to enhance and October 19, 2001, the Committee for the producer is eligible to obtain an LDP the quality, utility, and clarity of the Purchase From People Who Are Blind online. information collected; and (d) ways to or Severely Disabled published notices DATES: Comments on this notice must be minimize the burden of the collection of (66 FR 43180, 48661, 51005, 52095 and received on or before February 5, 2002, the information on those who respond, 53201) of proposed additions to and to be assured consideration. including the use of appropriated deletions from the Procurement List: FOR FURTHER INFORMATION CONTACT: automated, electronic, mechanical, or Additions techniques or other forms of information Kimberly V. Graham, USDA/Farm After consideration of the material technology. Service Agency, 1400 Independence presented to it concerning capability of Avenue, SW., STOP 0512; Washington, Comments should be sent to the Desk qualified nonprofit agencies to provide DC 20250–0512, telephone number Officer for Agriculture, Office of the commodity and services and impact (202) 720–9154. Comments may also be Information and Regulatory Affairs, of the additions on the current or most submitted by e-mail to: Office of Management and Budget, _ recent contractors, the Committee has Kimberly [email protected]. Washington, DC 20503 and to Kimberly determined that the commodity and SUPPLEMENTARY INFORMATION: V. Graham, USDA/Farm Service services listed below are suitable for Title: Request for Electronic LDP Agency, 1400 Independence Avenue, procurement by the Federal Government Services. SW., STOP 0512; Washington, DC under 41 U.S.C. 46–48c and 41 CFR 51– OMB Control Number: 0560–NEW. 20250–0512, telephone number (202) 2.4. Type of Request: Approval of a new 720–9154. All responses to this notice I certify that the following action will information collection. will be summarized and included in the not have a significant impact on a Abstract: On behalf of CCC, the Farm request for OMB approval. All substantial number of small entities. Service Agency (FSA) has developed an comments will become a matter of The major factors considered for this Electronic Loan Deficiency Payment public record. certification were: pilot project. This internet-based Signed at Washington, DC, on November 1. The action will not result in any process would allow producers to 15, 2001. additional reporting, recordkeeping or request an LDP online. The capability to other compliance requirements for small request LDPs online would provide James R. Little, entities other than the small producers an alternative method for Administrator, Farm Service Agency. organizations that will furnish the obtaining loan deficiency payments. [FR Doc. 01–30312 Filed 12–6–01; 8:45 am] commodity and services to the The purpose for obtaining this BILLING CODE 3410–05–P Government.
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2. The action will not have a severe services deleted from the Procurement I certify that the following action will economic impact on current contractors List. not have a significant impact on a for the commodity and services. After consideration of the relevant substantial number of small entities. 3. The action will result in matter presented, the Committee has The major factors considered for this authorizing small entities to furnish the determined that the commodities listed certification were: commodity and services to the below are no longer suitable for 1. The action will not result in any Government. procurement by the Federal Government additional reporting, recordkeeping or 4. There are no known regulatory under 41 U.S.C. 46–48c and 41 CFR 51– other compliance requirements for small alternatives which would accomplish 2.4. entities other than the small the objectives of the Javits-Wagner- Accordingly, the following organizations that will furnish the O’Day Act (41 U.S.C. 46–48c) in commodities are deleted from the service to the Government. connection with the commodity and Procurement List: 2. The action will result in services proposed for addition to the authorizing small entities to furnish the Procurement List. Commodities service to the Government. Accordingly, the following Skin Protectant Plus, Effective Prevention 3. There are no known regulatory commodity and services are hereby 6505–01–474–7707 alternatives which would accomplish added to the Procurement List: 6505–01–474–7343 the objectives of the Javits-Wagner- Skin Protectant, Plus O’Day Act (41 U.S.C. 46—48c) in 6505–01–474–7724 Commodity connection with the service proposed Trunklocker, Wood Suspension Assembly, Liner, Helmet 8470–00–880–8814 for addition to the Procurement List. 8460–00–NSH–0003 Comments on this certification are Services Sheryl D. Kennerly, invited. Commenters should identify the Administrative Services Director, Information Management. statement(s) underlying the certification [FR Doc. 01–30365 Filed 12–6–01; 8:45 am] on which they are providing additional U.S. Customs Service Academy, Glynco, Georgia. BILLING CODE 6353–01–P information. The following service is proposed for Janitorial/Custodial addition to Procurement List for U.S. Army Reserve Center, Newington, COMMITTEE FOR PURCHASE FROM production by the nonprofit agencies Connecticut. PEOPLE WHO ARE BLIND OR listed: Mailroom Operation SEVERELY DISABLED Service At the following location: GSA Washington, 18th & F Streets NW, Washington, DC. Procurement List; Proposed Addition Commissary Shelf Stocking, Custodial & Warehousing GSA Arlington AGENCY: Committee for Purchase From U.S. Coast Guard Support Center, Kodiak, Crystal Mall #3, 1931 Jefferson Davis People Who Are Blind or Severely Alaska. Highway, Arlington, Virginia. Disabled. NPA: MQC Enterprises, Inc., Anchorage, GSA Regional Office Building 7th & D ACTION: Alaska. Streets, SW, Washington, DC. Proposed addition to Procurement List. Government Agency: Defense Commissary Mailroom Operation Agency, Fort Lee, Virginia. Internal Revenue Service, San Patricio Office SUMMARY: The Committee is proposing Sheryl D. Kennerly, Center Building, #7 Tabonuco Street, to add to the Procurement List a service Director, Information Management. Guaynabo, Puerto Rico. to be furnished by nonprofit agencies [FR Doc. 01–30366 Filed 12–6–01; 8:45 am] employing persons who are blind or This action does not affect current BILLING CODE 6353–01–P contracts awarded prior to the effective have other severe disabilities. date of this addition or options that may COMMENTS MUST BE RECEIVED ON OR be exercised under those contracts. BEFORE: January 7, 2002. DEPARTMENT OF COMMERCE Deletions ADDRESSES: Committee for Purchase From People Who Are Blind or Severely International Trade Administration I certify that the following action will Disabled, Jefferson Plaza 2, Suite 10800, [A–580–816] not have a significant impact on a 1421 Jefferson Davis Highway, substantial number of small entities. Arlington, Virginia 22202–3259. Notice of Rescission of Antidumping The major factors considered for this Duty Administrative Review: Certain certification were: FOR FURTHER INFORMATION CONTACT: Corrosion-Resistant Carbon Steel Flat 1. The action will not result in any Sheryl D. Kennerly (703) 603–7740. Products From Korea additional reporting, recordkeeping or SUPPLEMENTARY INFORMATION: This other compliance requirements for small notice is published pursuant to 41 AGENCY: Import Administration, entities. U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its International Trade Administration, 2. The action will not have a severe purpose is to provide interested persons Department of Commerce. economic impact on future contractors an opportunity to submit comments on ACTION: Notice of rescission of the for the commodity and services. the possible impact of the proposed antidumping duty administrative review 3. The action will result in actions. of certain corrosion-resistant carbon authorizing small entities to furnish the If the Committee approves the steel flat products from Korea. commodity and services to the proposed addition, the entities of the Government. Federal Government identified in this SUMMARY: On October 1, 2001, the 4. There are no known regulatory notice for each service will be required Department of Commerce alternatives which would accomplish to procure the service listed below from (‘‘Department’’) published a notice of the objectives of the Javits-Wagner- nonprofit agencies employing persons initiation of an antidumping duty O’Day Act (41 U.S.C. 46–48c) in who are blind or have other severe administrative review on certain connection with the commodity and disabilities. corrosion-resistant carbon steel flat
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products from Korea (66 FR 49924). Department’s regulations provide that antidumping duty investigations of This review covers three manufacturers/ the Secretary will rescind an silicomanganese from Kazakhstan and exporters of the subject merchandise. administrative review ‘‘if a party that India. The period of review (‘‘POR’’) is August requested a review withdraws the EFFECTIVE DATE: December 7, 2001. 1, 2000 through July 31, 2001. This request within 90 days of the date of FOR FURTHER INFORMATION CONTACT: Jean review has now been rescinded as a publication of notice of initiation of the Kemp (Kazakhstan), at (202) 482–4037, result of a timely withdrawal of the requested review.’’ See 19 CFR and Sally Gannon (India) at (202) 482– request for administrative review by the 351.213(d)(1). Respondents withdrew 0162, at the Import Administration, interested parties. their review requests within the 90 day International Trade Administration, EFFECTIVE DATE: December 7, 2001. time limit. There were no other requests for administrative review from U.S. Department of Commerce, 1401 FOR FURTHER INFORMATION CONTACT: petitioners or other interested parties. Constitution Avenue, NW., Washington, Marlene Hewitt or Jim Doyle, Therefore, in accordance with section DC 20230. Enforcement Group III, Office 9, Import 351.213(d)(1) of the Department’s Administration, International Trade Applicable Statute and Regulations regulations, we are rescinding this Administration, U.S. Department of Unless otherwise indicated, all administrative review. See Commerce, 1401 Constitution Avenue, citations to the Tariff Act of 1930, as Memorandum to the File from Marlene NW., Washington, DC 20230, telephone amended (‘‘Act’’), are references to the Hewitt, Enforcement Group III: 202–482–1385 (Hewitt) or 202–482– provisions effective January 1, 1995, the Recission of Eighth Review (November effective date of the amendments made 0159 (Doyle), fax 202–482–1388. 21, 2001). The Department will issue SUPPLEMENTARY INFORMATION: appropriate assessment instructions to to the Act by the Uruguay Round Agreements Act (‘‘URAA’’). In addition, Applicable Statute the U.S. Customs Service. This notice serves as a reminder to unless otherwise indicated, all citations Unless otherwise indicated, all parties subject to administrative to the Department’s regulations are to citations to the Tariff Act of 1930 protective order (‘‘APO’’) of their the regulations codified at 19 CFR part (‘‘Act’’) are references to the provisions responsibility concerning the 351 (2001). effective January 1, 1995, the effective disposition of proprietary information Postponement of Final Determinations date of the amendments made to the Act disclosed under APO in accordance and Extension of Provisional Measures by the Uruguay Round Agreements Act with 19 CFR 351.305(a)(3). Timely On November 9, 2001, the affirmative (‘‘URAA’’). In addition, unless written notification of the return or preliminary determinations were otherwise indicated, all citations to the destruction of APO materials or published for the investigations of Department’s regulations are to the conversion to judicial protective order is silicomanganese from Kazakhstan and regulations at 19 CFR part 351 (2001). hereby requested. Failure to comply India. See Notice of Preliminary with the regulations and the terms of an Background Determination of Sales at Less Than APO is a sanctionable violation. On August 1, 2001, the Department This notice is published in Fair Value: Silicomanganese from published a notice of opportunity to accordance with section 751(a)(1) of the Kazakhstan, 66 FR 56639 (November 9, request an administrative review of this Act, and section 351.213(d) of the 2001) and Notice of Preliminary order for the period August 1, 2000 Department’s regulations. Determination of Sales at Less Than through July 31, 2001. See Antidumping Fair Value: Silicomanganese from India, or Countervailing Duty Order, Finding, Dated: November 29, 2001. 66 FR 56644 (November 9, 2001). or Suspended Investigation; Barbara E. Tillman, Pursuant to section 735(a)(2) of the Act Opportunity to Request Administrative Acting Deputy Assistant Secretary for Import and section 351.210(b)(2)(ii) of the Review, 66 FR 39729 (August 1, 2001). Administration, Group III. Department’s regulations, on November Pohang Iron & Steel Co., Ltd. [FR Doc. 01–30377 Filed 12–6–01; 8:45 am] 8, 2001, Transnational Co. Kazchrome (‘‘POSCO’’), Dongbu Steel Co., Ltd. BILLING CODE 3510–DS–P and its Aksu Ferroalloy Plant (‘‘Dongbu’’) and Union Steel (‘‘Kazchrome’’), Considar, Inc. Manufacturing Co., Ltd. (‘‘Union’’), (‘‘Considar’’), and Alloy 2000 (‘‘Alloy Korean producers or exporters of subject DEPARTMENT OF COMMERCE 2000’’) requested that the Department extend the period for final merchandise (collectively International Trade Administration ‘‘respondents’’), timely requested that determination for silicomanganese from the Department conduct an [A–834–807, A–533–823] Kazakhstan. On November 16, 2001, administrative review of their sales of Kazchrome, Considar, and Alloy 2000 subject merchandise to the United Notice of Postponement of Final submitted an amended request that the States. On October 1, 2001, in Determinations for Antidumping Duty Department extend provisional accordance with section 751(a) of the Investigations: Silicomanganese From measures (i.e., suspension of Act, the Department published in the Kazakhstan and India liquidation) from a four-month period to Federal Register a notice of initiation of AGENCY: Import Administration, a period not to exceed six months, this antidumping duty administrative International Trade Administration, pursuant to 19 CFR 351.210(e)(2). On review. See Initiation of Antidumping Department of Commerce. November 20, 2001, Universal Ferro & and Countervailing Duty Administrative ACTION: Notice of extension of time limit Allied Chemicals, Ltd (‘‘Universal’’), Reviews and Requests for Revocation in for final determinations in the requested that the Department postpone Part, 66 FR 49924 (October 1, 2001). antidumping duty investigations of the final determination of silicomanganese from India until not Rescission of Review silicomanganese from Kazakhstan and India. later than 135 days after the date of the Dongbu and Union withdrew their publication of the preliminary request for review on November 5, 2001 SUMMARY: The Department of Commerce determination in the Federal Register and POSCO withdrew its request for (‘‘Department’’) is extending the time and requested an extension of review on November 7, 2001. The limit for the final determinations in the provisional measures.
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Section 735(a)(2) of the Act provides DEPARTMENT OF COMMERCE Argentina, Brazil, France, and the that a final determination may be Republic of Korea, 66 FR 54218 (October postponed until not later than 135 days International Trade Administration 26, 2001). Currently, the preliminary after the date of the publication of the [C–357–817, C–351–835, C–427–823, C–580– determinations are due no later than preliminary determination if, in the 849] December 22, 2001. However, pursuant event of an affirmative determination, a to section 703(c)(1)(B) of the Act, we request for such postponement is made Certain Cold-Rolled Carbon Steel Flat have determined that these by exporters who account for a Products From Argentina, Brazil, investigations are ‘‘extraordinarily significant proportion of exports of the France, and the Republic of Korea: complicated’’ and are therefore subject merchandise, or in the event of Extension of Time Limit for Preliminary extending the due date for the a negative preliminary determination, a Determinations in Countervailing Duty preliminary determinations by 37 days request for such postponement is made Investigations to no later than January 28, 2002. The by petitioners. The Department’s Department notes that on November 27, AGENCY: Import Administration, regulations, at 19 CFR 351.210(e)(2), 2001, petitioners submitted a letter to International Trade Administration, require that requests by respondents for the Department indicating that they Department of Commerce. postponement of a final determination would not object to a 35-day be accompanied by a request for ACTION: Notice of extension of time limit postponement of the preliminary extension of provisional measures from for preliminary determinations in determinations. This requested a four-month period to not more than countervailing duty investigations. postponement would result in a six months. SUMMARY: The Department of Commerce deadline that would fall on Saturday, In accordance with 19 CFR is extending the time limit of the January 26, 2002. Therefore, the 351.210(b)(2)(ii), because (1) The preliminary determinations in the Department has extended the due date preliminary determinations for countervailing duty (‘‘CVD’’) for its preliminary determinations by 37 silicomanganese from Kazakhstan and investigations of certain cold-rolled days, until the following Monday, India are affirmative, (2) the carbon steel flat products from January 28, 2002. respondents requesting a postponement Argentina, Brazil, France, and the Under section 703(c)(1)(B), the account for a significant proportion of Republic of Korea from December 22, Department can extend the period for exports of the subject merchandise from 2001 until no later than January 28, reaching a preliminary determination their respective countries, and (3) no 2002. This extension is made pursuant until not later than the 130th day after compelling reasons for denial exist, we to section 703(c)(1)(B) of the Tariff Act the date on which the administering are granting the respondents’ requests of 1930, as amended by the Uruguay authority initiates an investigation if: and are postponing the final Round Agreements Act. (B) The administering authority determinations to March 25, 2002, EFFECTIVE DATE: December 7, 2001. concludes that the parties concerned are cooperating and determines that which is not later than 135 days after FOR FURTHER INFORMATION CONTACT: (i) the case is extraordinarily the publication of the preliminary Suresh Maniam (Argentina and France), complicated by reason of determinations in the Federal Register. at (202) 482–0176; Sean Carey (Brazil), (I) the number and complexity of the Suspension of liquidation will be at (202) 482–3964; and Tipten Troidl alleged countervailable subsidy extended accordingly. (the Republic of Korea), at (202) 482– practices; Furthermore, in the Department’s 1767, Import Administration, U.S. (II) the novelty of the issues November 9, 2001 preliminary Department of Commerce, 14th Street presented; determination on silicomanganese from and Constitution Avenue, NW., (III) the need to determine the extent Kazakhstan, the Department invited Washington, DC 20230. to which particular countervailable public comment with respect to SUPPLEMENTARY INFORMATION: Kazakhstan’s status as a non-market subsidies are used by individual economy (‘‘NME’’) country on factors Applicable Statute and Regulations manufacturers, producers, and listed in section 771(18) of the Act, Unless otherwise indicated, all exporters; or which the Department must take into citations to the statute are references to (IV) the number of firms whose account in making a market/non-market the provisions effective January 1, 1995, activities must be investigated; and economy determination. See Notice of the effective date of the amendments (ii) additional time is necessary to Preliminary Determination of Sales at made to the Tariff Act of 1930 (‘‘the make the preliminary determination. Less Than Fair Value: Silicomanganese Act’’) by the Uruguay Round Regarding the first requirement, we find from Kazakhstan, 66 FR 56641 Agreements Act. In addition, unless that in each case all concerned parties (November 9, 2001). Public comments otherwise indicated, all citations to the are cooperating. Regarding the second are currently due no later than Department’s regulations are to the requirement for extraordinarily December 10, 2001. The Department regulations codified at 19 CFR part 351 complicated cases, it is the further requests any rebuttal comments (2001). Department’s position that the be submitted no later than January 24, appropriate criterion for analysis is not Extension of Due Date for Preliminary 2002. the number of programs in question, but Determinations This notice of postponement is rather, the specific transactions, e.g., published pursuant to 19 CFR On October 18, 2001, the Department equity infusions, debt-to-equity 351.210(g). of Commerce (‘‘the Department’’) conversions, etc., applied under those initiated the CVD investigations of programs, which are numerous and Dated: December 3, 2001. certain cold-rolled carbon steel flat appropriately categorized as Bernard Carreau, products from Argentina, Brazil, France, ‘‘practices.’’ With respect to the issue of Acting Assistant Secretary for Import and the Republic of Korea. See Notice of the complexity of the practice, these Administration. Initiation of Countervailing Duty practices are complex in nature as [FR Doc. 01–30376 Filed 12–6–01; 8:45 am] Investigations: Certain Cold-Rolled reflected in the extensive analysis BILLING CODE 3510–DS–P Carbon Steel Flat Products From required to address these subsidies.
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Therefore, we find that each of these financial analysis. The shareholder COMMITTEE FOR THE four cases is extraordinarily advance allegation will require the IMPLEMENTATION OF TEXTILE complicated as described below. Department to delve into the investment AGREEMENTS decision process of the government. In Argentina addition, the Department is examining Adjustment of Import Limits for Certain The Argentine investigation is novel tax issues, involving tax benefits Cotton, Wool, Man-Made Fiber, Silk extraordinarily complicated because a for foreign branches. Also, the Blend and Other Vegetable Fiber number of the alleged countervailable Department will be analyzing several Textiles and Textile Products subsidies practices are complex or programs that have never been Produced or Manufactured in the novel. For example, the Department examined before or were deferred in a People’s Republic of China must analyze complicated equity and previous case, including government December 4, 2001. debt assumption issues, involving advances for SODIs, funding for electric AGENCY: Committee for the multiple transactions, and conduct arc furnaces, and a repayable grant to Implementation of Textile Agreements extensive and complex financial Sollac for ‘‘pre-coating’’ technology. (CITA). analysis. In addition, the Department is Finally, the Department will be examining a ‘‘committed investment’’ examining several allegations that the ACTION: Issuing a directive to the which requires the examination of European Union provided new, Commissioner of Customs adjusting complicated circumstances and additional funding to programs that limits. documents surrounding the were previously found not to be used on EFFECTIVE DATE: December 10, 2001. privatization of the respondent. several occasions, requiring the Furthermore, the Department is Department to re-analyze the FOR FURTHER INFORMATION CONTACT: Roy analyzing significant amounts of countervailability of some of these Unger, International Trade Specialist, information in order to determine programs. Office of Textiles and Apparel, U.S. whether the respondent was Department of Commerce, (202) 482– ‘‘creditworthy’’ when the government The Republic of Korea 4212. For information on the quota provided equity and loans to the status of these limits, refer to the Quota The Korean investigation is company (i.e., whether a private Status Reports posted on the bulletin extraordinarily complicated due to the investor would have provided the types boards of each Customs port, call (202) number and complexity of the alleged of financing that the government 927–5850, or refer to the U.S. Customs countervailable subsidy practices. provided) and/or was ‘‘equityworthy’’ website at http:// Specifically, there are nineteen when the government made certain www.customs.ustreas.gov. For programs which the Department is equity infusions (i.e., examining the information on embargoes and quota re- investigating, which involve numerous government’s investment decision openings, call (202) 482–3715. and complicated issues. Over one-fourth against that of a private investor). In of these programs have never been SUPPLEMENTARY INFORMATION: making these decisions, the Department investigated before and present novel Authority: Section 204 of the Agricultural must also determine the extent to which issues, and over one-half of these Act of 1956, as amended (7 U.S.C. 1854); the particular countervailable subsidies programs require a significant amount of Executive Order 11651 of March 3, 1972, as are used by the individual respondent information and complex analysis, such amended. producers/exporters. as the various tax exemptions and credit The current limits for certain Brazil programs. In addition, the subsidized categories are being increased for The Brazilian investigation is infrastructure and R&D allegations are carryforward. extraordinarily complicated by reason of complex, and require various types of A description of the textile and the number and complexity of the data and information. In making these apparel categories in terms of HTS alleged countervailable subsidy decisions, the Department must also numbers is available in the practices. The Department has to determine the extent to which the CORRELATION: Textile and Apparel reexamine the privatization of Brazilian particular countervailable subsidies are Categories with the Harmonized Tariff mills under its new change-in- used by the individual respondent Schedule of the United States (see ownership methodology, which will producers/exporters. Federal Register notice 65 FR 82328, involve the analysis of complicated Accordingly, we deem these published on December 28, 2000). Also circumstances and documents. In investigations to be extraordinarily see 65 FR 81846, published on addition, petitioners have submitted complicated and determine, with regard December 27, 2000. additional allegations of new programs to the third requirement noted above, D. Michael Hutchinson, involving complex issues which will that additional time is necessary to Acting Chairman, Committee for the require novel and detailed analysis. In make the preliminary determinations. Implementation of Textile Agreements. making these decisions, the Department Therefore, pursuant to section 703(c)(1)(B) of the Act, we are Committee for the Implementation of Textile must also determine the extent to which Agreements the particular countervailable subsidies postponing the preliminary are used by the individual respondent determinations in these investigations to December 4, 2001. producers/exporters. January 28, 2002. Commissioner of Customs, Department of the Treasury, Washington, DC France This notice is published pursuant to 20229. section 703(c)(2) of the Act. The French investigation is Dear Commissioner: This directive extraordinarily complicated because a Dated: November 30, 2001. amends, but does not cancel, the directive Richard W. Moreland, issued to you on December 20, 2000, by the number of the alleged programs are Chairman, Committee for the Implementation complex or novel. For example, the Acting Assistant Secretary for Import of Textile Agreements. That directive Department must analyze complicated Administration. concerns imports of certain cotton, wool, equity and loan financing issues, [FR Doc. 01–30375 Filed 12–6–01; 8:45 am] man-made fiber, silk blend and other involving extensive and complex BILLING CODE 3510–DS–P vegetable fiber textiles and textile products,
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produced or manufactured in China and 8 Category 659–H: only HTS numbers Category Adjusted twelve-month exported during the twelve-month period limit 1 6502.00.9030, 6504.00.9015, 6504.00.9060, which began on January 1, 2001 and extends 6505.90.5090, 6505.90.6090, 6505.90.7090 through December 31, 2001. and 6505.90.8090. 635 ...... 746,670 dozen. 9 Effective on December 10, 2001, you are Category 359–O: all HTS numbers except 636 ...... 608,711 dozen. 6103.42.2025, 6103.49.8034, 6104.62.1020, directed to increase the limits for the 638/639 ...... 2,684,688 dozen. 6104.69.8010, 6114.20.0048, 6114.20.0052, following categories, as provided for under 640 ...... 1,512,506 dozen. 6203.42.2010, 6203.42.2090, 6204.62.2010, the terms of the current bilateral textile 641 ...... 1,432,787 dozen. 6211.32.0010, 6211.32.0025, 6211.42.0010 agreement between the Governments of the 642 ...... 385,198 dozen. (Category 359–C); 6103.19.2030, United States and the People’s Republic of 643 ...... 575,784 numbers. 6103.19.9030, 6104.12.0040, 6104.19.8040, China: 644/844 ...... 4,061,951 numbers. 6110.20.1022, 6110.20.1024, 6110.20.2030, 645/646 ...... 894,653 dozen. 6110.20.2035, 6110.90.9044, 6110.90.9046, 6201.92.2010, 6202.92.2020, 6203.19.1030, Category Adjusted twelve-month 647 ...... 1,730,578 dozen. limit 1 6203.19.9030, 6204.12.0040, 6204.19.8040, 648 ...... 1,236,487 dozen. 6211.32.0070 and 6211.42.0070 (Category 651 ...... 878,123 dozen of 359–V). Sublevels in Group I which not more than 10 Category 659–O: all HTS numbers except 200 ...... 845,614 kilograms. 150,305 dozen shall 6103.23.0055, 6103.43.2020, 6103.43.2025, 218 ...... 12,656,591 square be in Category 651– 6103.49.2000, 6103.49.8038, 6104.63.1020, meters. B 6. 6104.63.1030, 6104.69.1000, 6104.69.8014, 237 ...... 2,315,711 dozen. 652 ...... 3,209,352 dozen. 6114.30.3044, 6114.30.3054, 6203.43.2010, 313 ...... 47,207,417 square 6203.43.2090, 6203.49.1010, 6203.49.1090, 659–C 7 ...... 464,888 kilograms. meters. 6204.63.1510, 6204.69.1010, 6210.10.9010, 659–H 8 ...... 3,239,176 kilograms. 314 ...... 56,352,424 square 6211.33.0010, 6211.33.0017, 6211.43.0010 666 ...... 4,026,236 kilograms. meters. (Category 659–C); 6502.00.9030, 845 ...... 2,543,417 dozen. 6504.00.9015, 6504.00.9060, 6505.90.5090, 315 ...... 141,936,331 square Group II 6505.90.6090, 6505.90.7090, 6505.90.8090 meters. 330, 332, 349, 353, 136,222,783 square (Category 659–H); 6112.31.0010, 317/326 ...... 24,719,048 square 354, 359–O 9, 431, meters equivalent. 6112.31.0020, 6112.41.0010, 6112.41.0020, meters of which not 432, 439, 459, 6112.41.0030, 6112.41.0040, 6211.11.1010, more than 4,685,451 6211.11.1020, 6211.12.1010 and 630, 632, 653, 654 square meters shall 6211.12.1020 (Category 659–S). and 659–O 10, as be in Category 326. 11 Category 224–V: only HTS numbers a group. 331 ...... 5,826,384 dozen pairs. 5801.21.0000, 5801.23.0000, 5801.24.0000, Group III 334 ...... 362,498 dozen. 5801.25.0010, 5801.25.0020, 5801.26.0010, 201, 220, 222, 223, 282,573,291 square 5801.26.0020, 5801.31.0000, 5801.33.0000, 335 ...... 423,568 dozen. 224–V 11, 224– meters equivalent. 5801.34.0000, 5801.35.0010, 5801.35.0020, 336 ...... 197,343 dozen. O 12, 225, 227, 5801.36.0010 and 5801.36.0020. 338/339 ...... 2,545,931 dozen of 12 229, 369–O 13, Category 224–O: all HTS numbers except which not more than 400, 414, 464, 5801.21.0000, 5801.23.0000, 5801.24.0000, 1,932,640 dozen 465, 469, 600, 5801.25.0010, 5801.25.0020, 5801.26.0010, shall be in Cat- 5801.26.0020, 5801.31.0000, 5801.33.0000, 603, 604–O 14, egories 338–S/339– 5801.34.0000, 5801.35.0010, 5801.35.0020, 606, 618–622, S 2. 5801.36.0010 and 5801.36.0020 (Category 624–629, 665, 340 ...... 869,692 dozen of 224–V). 669–O 15 and 13 which not more than Category 369–O: all HTS numbers except 670–O 16, as a 6302.60.0010, 6302.91.0005 and 434,845 dozen shall group. 6302.91.0045 (Category 369–D); be in Category 340– Group IV 4202.22.4020, 4202.22.4500, 4202.22.8030 Z 3. 832, 834, 838, 839, 13,396,518 square (Category 369–H); 4202.12.4000, 341 ...... 753,581 dozen of 843, 850–852, 858 meters equivalent. 4202.12.8020, 4202.12.8060, 4202.92.1500, which not more than 4202.92.3016, 4202.92.6091 and and 859, as a 439,590 dozen shall 6307.90.9905 (Category 369–L); and group. be in Category 341– 6307.10.2005 (Category 369S) 14 Y 4 1 The limits have not been adjusted to ac- Category 604–O: all HTS numbers except 342 ...... 296,652 dozen. count for any imports exported after December 5509.32.0000 (Category 604–A). 15 Category 669–O: all HTS numbers except 345 ...... 139,912 dozen. 31, 2000. 2 Category 338–S: all HTS numbers except 6305.32.0010, 6305.32.0020, 6305.33.0010, 347/348 ...... 2,544,403 dozen. 6305.33.0020 and 6305.39.0000 (Category 351 ...... 646,055 dozen. 6109.10.0012, 6109.10.0014, 6109.10.0018 and 6109.10.0023; Category 339–S: all HTS 669–P). 352 ...... 1,794,941 dozen. 16 Category 670–O: only HTS numbers 4 numbers except 6109.10.0040, 6109.10.0045, 359–V ...... 1,001,152 kilograms. 6109.10.0060 and 6109.10.0065. 4202.22.4030, 4202.22.8050 and 360 ...... 8,984,782 numbers of 3 Category 340–Z: only HTS numbers 4202.32.9550. which not more than 6205.20.2015, 6205.20.2020, 6205.20.2050 The Committee for the Implementation of 6,128,490 numbers and 6205.20.2060. shall be in Category 4 Category 341–Y: only HTS numbers Textile Agreements has determined that 360–P 5 6204.22.3060, 6206.30.3010, 6206.30.3030 these actions fall within the foreign affairs and 6211.42.0054. exception to the rulemaking provisions of 5 361 ...... 4,903,526 numbers. 5 Category 360–P: only HTS numbers U.S.C. 553(a)(1). 362 ...... 8,144,309 numbers. 6302.21.3010, 6302.21.5010, 6302.21.7010, 363 ...... 24,053,920 numbers. 6302.21.9010, 6302.31.3010, 6302.31.5010, D. Michael Hutchinson, 433 ...... 22,745 dozen. 6302.31.7010 and 6302.31.9010. Acting Chairman, Committee for the 434 ...... 14,543 dozen. 6 Category 651–B: only HTS numbers 435 ...... 26,712 dozen. 6107.22.0015 and 6108.32.0015. Implementation of Textile Agreements. 438 ...... 28,797 dozen. 7 Category 659–C: only HTS numbers [FR Doc.01–30373 Filed 12–6–01; 8:45 am] 442 ...... 43,550 dozen. 6103.23.0055, 6103.43.2020, 6103.43.2025, BILLING CODE 3510–DR–S 443 ...... 140,697 numbers. 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 445/446 ...... 311,712 dozen. 6114.30.3044, 6114.30.3054, 6203.43.2010, 447 ...... 77,031 dozen. 6203.43.2090, 6203.49.1010, 6203.49.1090, 631 ...... 1,490,680 dozen pairs. 6204.63.1510, 6204.69.1010, 6210.10.9010, 633 ...... 65,064 dozen. 6211.33.0010, 6211.33.0017 and 634 ...... 707,861 dozen. 6211.43.0010.
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COMMITTEE FOR THE Acting Chairman, Committee for the Dated: December 3, 2001. IMPLEMENTATION OF TEXTILE Implementation of Textile Agreements. John Tressler, AGREEMENTS [FR Doc. 01–30374 Filed 12–4–01; 2:55 pm] Leader, Regulatory Information Management, BILLING CODE 3510–DR–S Office of the Chief Information Officer. Reduction of Charges for Certain Cotton Textile Products Produced or Office of Educational Research and Manufactured in the Republic of Improvement Turkey DEPARTMENT OF EDUCATION Type of Review: New. Title: Generic Application Package for December 4, 2001. Submission for OMB Review; Discretionary Grant Programs. AGENCY: Committee for the Comment Request Frequency: Annually. Implementation of Textile Agreements Affected Public: Individuals or (CITA). AGENCY: Department of Education. household; Businesses or other for- ACTION: Issuing a directive to the SUMMARY: The Leader, Regulatory profit; Not-for-profit institutions; State, Commissioner of Customs reducing Local, or Tribal Gov’t, SEAs or LEAs. charges. Information Management Group, Office of the Chief Information Officer invites Reporting and Recordkeeping Hour Burden: EFFECTIVE DATE: December 11, 2001. comments on the submission for OMB review as required by the Paperwork Responses: 300. FOR FURTHER INFORMATION CONTACT: Roy Reduction Act of 1995. Burden Hours: 7,525. Unger, International Trade Specialist, Abstract: This is a generic application Office of Textiles and Apparel, U.S. DATES: Interested persons are invited to package using ED standard forms and Department of Commerce, (202) 482– submit comments on or before January instructions and will be used for Office 4212. 7, 2002. of Educational Research and SUPPLEMENTARY INFORMATION: ADDRESSES: Written comments should Improvement (OERI) discretionary grant Authority: Section 204 of the Agricultural be addressed to the Office of program competitions. The purpose is to Act of 1956, as amended (7 U.S.C. 1854); Information and Regulatory Affairs, provide a common and easily Executive Order 11651 of March 3, 1972, as Attention: Karen Lee, Desk Officer, recognizable format for applicants to amended. Department of Education, Office of experiment with research and On June 26, 2001, in response to a Management and Budget, 725 17th demonstration programs. request from the Government of Turkey, Street, NW., Room 10202, New This information collection is being CITA published an adjusted limit for Executive Office Building, Washington, submitted under the Streamlined Category 350 from Turkey. On DC 20503 or should be electronically Clearance Process for Discretionary November 21, 2001, CITA reduced mailed to the internet address Grant Information Collections (1890– charges against this limit by 9,533 dozen [email protected]. 0001). Therefore, the 30-day public (see 66 FR 58123, published on comment period notice will be the only November 20, 2001, with an amendment SUPPLEMENTARY INFORMATION: Section public comment notice published for published on November 29, 2001 in 66 3506 of the Paperwork Reduction Act of this information collection. FR 59602). As a result of further 1995 (44 U.S.C. chapter 35) requires that Requests for copies of the proposed discussions with the Government of the Office of Management and Budget information collection request may be Turkey, CITA is instructing U.S. (OMB) provide interested Federal accessed from http://edicsweb.ed.gov, or Customs to reduce the charges applied agencies and the public an early should be addressed to Vivian Reese, to the limit established in the directive opportunity to comment on information Department of Education, 400 Maryland dated October 27, 2000, for goods collection requests. OMB may amend or Avenue, SW, Room 4050, Regional exported in 2001, for Category 350 by an waive the requirement for public Office Building 3, Washington, DC additional 20,000 dozens. consultation to the extent that public 20202–4651. Requests may also be participation in the approval process electronically mailed to the Internet D. Michael Hutchinson, would defeat the purpose of the address [email protected] or faxed to Acting Chairman, Committee for the information collection, violate State or 202–708–9346. Please specify the Implementation of Textile Agreements. Federal law, or substantially interfere complete title of the information Committee for the Implementation of Textile with any agency’s ability to perform its collection when making your request. Agreements statutory obligations. The Leader, Comments regarding burden and/or the December 4, 2001. Regulatory Information Management collection activity requirements should Commissioner of Customs, Group, Office of the Chief Information be directed to Kathy Axt at (540) 776– Department of the Treasury, Washington, DC Officer, publishes that notice containing 7742 or via her Internet address 20229. proposed information collection [email protected]. Individuals who use Pursuant to further discussions with the requests prior to submission of these a telecommunications device for the Government of Turkey, effective on requests to OMB. Each proposed deaf (TDD) may call the Federal December 11, 2001, you are directed to information collection, grouped by Information Relay Service (FIRS) at 1– reduce the charges applied to the limit office, contains the following: (1) Type 800–877–8339. established in the directive dated October 27, of review requested, e.g. new, revision, 2000, for goods exported in 2001, for extension, existing or reinstatement; (2) [FR Doc. 01–30319 Filed 12–6–01; 8:45 am] Category 350 by 20,000 dozens. BILLING CODE 4000–01–P The Committee for the Implementation of Title; (3) Summary of the collection; (4) Textile Agreements has determined that this Description of the need for, and proposed use of, the information; (5) action falls within the foreign affairs DEPARTMENT OF EDUCATION exception of the rulemaking provisions of 5 Respondents and frequency of U.S.C. 553(a)(1). collection; and (6) Reporting and/or Talent Search Program Sincerely, Recordkeeping burden. OMB invites D. Michael Hutchinson, public comment. AGENCY: Department of Education.
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ACTION: Notice reopening competition In recent weeks numerous applicants To use PDF you must have Adobe and establishing a new application have called to say that they did not get Acrobat Reader, which is available free deadline date for fiscal year (FY) 2002. a notification that we had received their at this site. If you have questions about respective applications even though using PDF, call the U.S. Government SUMMARY: The Department of Education they had proof of having mailed the Printing Office (GPO), toll free, at 1– (we) announces the reopening of the applications. Through a search of our 888–293–6498; or in the Washington, competition for new awards under the records, we determined that we had not DC area at (202) 512–1530. Talent Search Program for FY 2002. We received those applications. In addition, Note: The official version of this document also establish a new deadline date for we determined that we had received far is the document published in the Federal the transmittal of applications. We are fewer applications for new awards Register. Free Internet access to the official taking these actions because recent under this program than we had edition of the Federal Register and the Code disruptions in the U.S. Postal Service received in previous years and far fewer of Federal Regulations is available on GPO may have interfered with our receipt of than we had expected for the FY 2002 Access at: http://www.access.gpo.gov/nara/ many applications. The reopening is index.html. competition. intended to help potential applicants We have concluded that many Dated: December 3, 2001. compete fairly under this competition. applications may be delayed because of Maureen A. McLaughlin, DATES: The new deadline date for the recent disruptions of normal mail transmitting applications is December Deputy Assistant Secretary for Policy, service, particularly in the Washington, Planning, and Innovation, Office of 17, 2001. The previous date was October DC area. Because we do not know when Postsecondary Education. 19, 2001. The new deadline date for the delayed applications may be delivered, [FR Doc. 01–30356 Filed 12–6–01; 8:45 am] transmittal of State process we have decided to reopen this BILLING CODE 4000–01–U recommendations by State Single Points competition to give all applicants a of Contact (SPOCs) and comments by chance to transmit their applications to other interested parties under Executive us. This reopening and new deadline Order 12372 is February 15, 2002. The DEPARTMENT OF ENERGY date for transmittal of applications previous date was December 19, 2001. apply to the entire country, as well as Office of Science; Biological and ADDRESSES: The addresses and to eligible Territories. Environmental Research Advisory telephone numbers for obtaining Please note that there are alternative Committee; Renewal applications for, or information about, methods of transmittal besides the U.S. AGENCY: this competition were in the original Postal Service. These include Department of Energy. application notice published in the commercial carriers and courier ACTION: Notice of renewal. Federal Register on June 11, 2001 (66 services, as well as hand delivery. If you SUMMARY: Pursuant to section FR 31338–31339). use a commercial carrier, please make If you use a telecommunications 14(a)(2)(A) of the Federal Advisory sure to get a dated shipping label, device for the deaf (TDD), you may call Committee Act, and in accordance with invoice, or receipt from the carrier. If the TDD number, if any, listed in the section 102–3.65, title 41 of the Code of you use one of these alternative means individual application notice. If we Federal Regulations, and following of transmittal, we will mail a Grant have not listed a TDD number, you may consultation with the Committee Application Receipt Acknowledgment call the Federal Information Relay Management Secretariat, General to you. Service (FIRS) at 1–800–877–8339. Services Administration, notice is If you want to transmit a Note: If you have already submitted an hereby given that the Biological and recommendation or comment under application by mail and have not received a Environmental Research Advisory Executive Order 12372, you can find the notification of application receipt from us by Committee has been renewed for a two- now, we urge you to resubmit your latest list and addresses of individual application and to indicate on the year period beginning in November SPOCs on the Web site of the Office of application that this is a resubmission. You 2001. The Committee will provide Management and Budget at the may also wish to consider an alternative advice to the Director, Office of Science, following address: http:// means of transmittal. Otherwise, we may not on the Biological and Environmental www.whitehouse.gov/omb/grants. receive your application in time to consider Research Program managed by the SUPPLEMENTARY INFORMATION: On June it. Office of Biological and Environmental 11, 2001, we published in the Federal Research. Assistance for Individuals With Register a notice inviting applications The renewal of the Biological and Disabilities for new awards under this program for Environmental Research Advisory FY 2002 and establishing a deadline If you are an individual with a Committee has been determined to be date for the transmittal of applications. disability, you may obtain a copy of this essential to the conduct of the In the application package, which notice in an alternative format (e.g., Department of Energy business and to hundreds of potential applicants Braille, large print, audiotape, or be in the public interest in connection requested, we stated that if you send computer diskette) on request to the with the performance of duties imposed your application by mail or if you or contact person listed under FOR FURTHER upon the Department of Energy by law. your courier deliver it by hand, our INFORMATION CONTACT in the application The Committee will operate in Application Control Center will mail a notice. accordance with the provisions of the Grant Application Receipt Federal Advisory Committee Act, the Electronic Access to This Document Acknowledgment to you. Department of Energy Organization Act We further stated that if you do not You may view this document, as well (Public Law No. 95–91), and rules and receive the notification of application as all other Department of Education regulations issued in implementation of receipt within 15 days from the date of documents published in the Federal those Acts. mailing the application, you should call Register, in text or Adobe Portable Further information regarding this the U.S. Department of Education Document Format (PDF) on the Internet Advisory Committee can be obtained Application Control Center at (202) at the following site: www.ed.gov/ from Ms. Rachel M. Samuel at (202) 708–9493. legislation/FedRegister. 586–3279.
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Issued in Washington, DC on November 27, universities and U.S. industry are Any person wishing to become a party 2001. encouraged. Cost share is not required to a proceeding or to participate as a James N. Solit, but encouraged. The issuance date of party in any hearing therein must file a Advisory Committee Management Officer. Solicitation Number DE–PS07– petition in accordance with the [FR Doc. 01–30353 Filed 12–6–01; 8:45 am] 02ID14263 is on or about November 29, Commission’s Rules. Comments, BILLING CODE 6450–01–P 2001. The solicitation is available in its protests and interventions may be filed full text via the Internet at the following electronically via the Internet in lieu of address: http://e-center.doe.gov. The paper. See, 18 CFR 385.2001(a)(1)(iii) DEPARTMENT OF ENERGY statutory authority for this program is and the instructions on the the Department of Energy Organization Commission’s web site under the ‘‘e- Idaho Operations Office; University Act of 1977, Public Law 95–238, Section Filing’’ link. Research for the Geothermal Program 207, and Public Law 101–218. The Take notice that, pursuant to the authority contained in and subject to the AGENCY: Idaho Operations Office, DOE. Catalog of Federal Domestic Assistance (CFDA) Number for this program is jurisdiction conferred upon the ACTION: Notice of Competitive Financial 81.087, Renewable Energy Research and Commission by sections 7 and 15 of the Assistance Solicitation. Development. Natural Gas Act and the Commission’s SUMMARY: The U.S. Department of Issued in Idaho Falls on November 29, Rules of Practice and Procedure, a Energy (DOE) Idaho Operations Office 2001. hearing will be held without further (ID) is seeking applications for research R.J. Hoyles, notice before the Commission on this application if no protest or motion to projects in earth science at universities Director, Procurement Services Division. to expand the geothermal knowledge intervene is filed within the time [FR Doc. 01–30354 Filed 12–6–01; 8:45 am] required herein. At that time, the base. The knowledge gained from this BILLING CODE 6450–01–P work will result in new and improved Commission, on its own review of the technology that will help meet matter, will determine whether granting geothermal program goals. University DEPARTMENT OF ENERGY the abandonment is required by the earth science research and development public convenience and necessity. If a is sought to enhance exploration tools, Federal Energy Regulatory petition for leave to intervene is timely increase reservoir productivity, and Commission filed, or if the Commission on its own motion believes that a formal hearing is improve reservoir management. The [Docket No. CP02–22–000] Program’s overarching goal is to reduce required, further notice of such hearing the levelized cost of generating will be duly given. Michigan Gas Storage Company; Under the procedure herein provided geothermal power to 3 to 5 cents/kWh Notice of Application by 2010, as compared to 5 to 8 cents/ for, unless otherwise advise, it will be kWh in 2000. December 3, 2001. unnecessary for Michigan to appear or be represented at the hearing. DATES: The Standard Form 424, and the Take notice that on November 9, technical application (20 page 2001, Michigan Gas Storage Company Linwood A. Watson, Jr., maximum), must have an IIPS (Michigan Gas), 212 West Michigan Acting Secretary. transmission time stamp of not later Avenue, Jackson, Michigan, 49201, filed [FR Doc. 01–30351 Filed 12–6–01; 8:45 am] an application pursuant to section 1(c) than 5 p.m. ET on Thursday, February BILLING CODE 6717–01–P 28, 2002. of the Natural Gas Act (NGA), as amended, and section 152.1 of the ADDRESSES: Completed applications are required to be submitted via the U.S. Commission’s regulations, for a DEPARTMENT OF ENERGY Department of Energy Industry declaration of exemption from the Interactive Procurement System (IIPS) at provisions of NGA. Copies of this filing Federal Energy Regulatory the following URL: http://e- are on file with the Commission and are Commission center.doe.gov. available for public inspection. This filing may also be viewed on the web at [Docket No. EL02–26–000] FOR FURTHER INFORMATION CONTACT: http://www.ferc.gov using the ‘‘RIMS’’ Nevada Power Company and Sierra Elizabeth Dahl, Contract Specialist at link, select ‘‘Docket#’’ and follow the Pacific Power Company, [email protected], facsimile at (208) instructions (call 202–208–2222 for Complainants, v. Duke Energy Trading 526–5548, or by telephone at (208) 526– assistance). and Marketing, Inc., Respondent; 7214. Any person desiring to be heard or Notice of Complaint SUPPLEMENTARY INFORMATION: make any protest with reference to said Approximately $2,000,000 dollars in application should on or before December 3, 2001. Federal funds is expected to be available December 24, 2001, file with the Take notice that on November 30, over the next three fiscal years. A Commission 888 First Street, NE., 2001, Nevada Power Company (NPC) maximum of $500,000 dollars is Washington, DC 20426, a motion to and Sierra Pacific Power Company expected to be available in fiscal year intervene or a protest in accordance (SPPC) (collectively, the Nevada 2002 to totally fund the first year of with the requirements of the companies) filed a complaint requesting selected research efforts. DOE Commission’s Rules of Practice and that the Commission mitigate unjust and anticipates awarding three to five grants, Procedures (19 CFR sections 385.211 unreasonable prices in sales contracts each with a duration of three years or and 385.214) and the Regulations under between NPC and Duke Energy Trading less. U.S. institutions of higher the Natural Gas Act (18 CFR section and Marketing, Inc. (Duke) and between education may submit applications in 157.10). All protests filed with the SPPC and Duke entered into in late 2000 response to this solicitation. National Commission will be considered by it in and the first half of 2001 for delivery laboratories will not be eligible for an determining the appropriate action to be after January 1, 2001. award under this solicitation. Multi- taken but will not serve to make the The Nevada companies request that partner collaborations between U.S. Protestants parties to the proceedings. the Commission set a refund effective
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date of 60 days from the date of filing and exclusively in the business of Commission to synchronize their future of their complaint. owning and operating all or part of one triennial market power updates. Copies of the Nevada companies’ or more eligible facilities to be located Comment date: December 18, 2001, in filing were served on Duke and the in Hardin, Montana. The eligible accordance with Standard Paragraph E Public Utilities Commission of Nevada. facilities will consist of an at the end of this notice. Any person desiring to be heard or to approximately 110 MW coal-fired single 4. Carolina Power & Light Co. and protest this filing should file a motion cycle electric generation plant and Florida Power Corporation to intervene or protest with the Federal related interconnection facilities. The Energy Regulatory Commission, 888 output of the eligible facilities will be [Docket Nos. ER01–1807–007 and ER01– First Street, NE., Washington, DC 20426, sold at wholesale or market based rates. 2020–004] in accordance with Rules 211 and 214 Comment date: December 21, 2001, in Take notice that on November 26, of the Commission’s Rules of Practice accordance with Standard Paragraph E 2001, Progress Energy, Inc. (Progress and Procedure (18 CFR 385.211 and at the end of this notice. The Energy), on behalf of Carolina Power & 385.214). All such motions or protests Commission will limit its consideration Light Company (CP&L), tendered for must be filed on or before December 20, of comments to those that concern the filing revised service agreements under 2001. Protests will be considered by the adequacy or accuracy of the application. CP&L’s open access transmission tariff, Commission in determining the FERC Electric Tariff, Third Revised 2. Consumers Energy Company appropriate action to be taken, but will Volume No. 3 in compliance with the not serve to make protestants parties to [Docket Nos. ER92–331–010 and ER92–332– Commission’s June 25, 2001 and the proceeding. Any person wishing to 010] September 21, 2001 orders in these become a party must file a motion to Take notice that on November 27, proceedings. See Carolina Power & Light intervene. Answers to the complaint 2001, Consumers Energy Company Co. and Florida Power Corp., 95 FERC shall also be due on or before December (Consumers) tendered for filing the ¶ 61,429 (2001). Progress Energy also 20, 2001. Copies of this filing are on file following tariff sheets as part of its tendered for filing an index of Revised with the Commission and are available FERC Electric Tariff No. 5 in Service Agreements and Notices of for public inspection. This filing may compliance with Order No. 614, dealing Cancellation for certain of CP&L’s also be viewed on the Web at http:// with tariff sheet designations: Second currently-effective service agreements. www.ferc.gov using the ‘‘RIMS’’ link, Revised Volume Original Sheet Nos. Progress Energy respectfully requests select ‘‘Docket#’’ and follow the 1.00 through 14.00. that the Revised Service Agreements instructions (call 202–208–2222 for The second sheet listed is to have an become effective on the date set forth on assistance). Comments, protests and effective date of June 21, 1993. The the cover sheet for each Revised Service interventions may be filed electronically remaining sheets are to have an effective Agreement and that the Notices of via the Internet in lieu of paper. See, 18 date of May 2, 1992. Cancellation become effective as of CFR 385.2001(a)(1)(iii) and the Copies of these sheets were served November 26, 2001. instructions on the Commission’s Web upon the Michigan Public Service Comment date: December 18, 2001, in site under the ‘‘e-Filing’’ link. Commission and upon those on the accordance with Standard Paragraph E Linwood A. Watson, Jr., official service lists in these at the end of this notice. Acting Secretary. proceedings. 5. New York Independent System [FR Doc. 01–30352 Filed 12–6–01; 8:45 am] Comment date: December 18, 2001, in Operator, Inc. accordance with Standard Paragraph E BILLING CODE 6717–01–P at the end of this notice. [Docket Nos. ER01–3009–002, ER01–3153– 002 andEL00–90–002] 3. Northeast Utilities Service Company, DEPARTMENT OF ENERGY Take notice that on November 27, Select Energy, Inc., and Northeast 2001, the New York Independent Generation Company Federal Energy Regulatory System Operator, Inc. (NYISO) tendered Commission [Docket Nos. ER96–496–010, ER99–14–007 for filing with the Federal Energy and ER99–4463–001] Regulatory Commission (Commission) a [Docket No. EG02–39–000, et al.] Take notice that on November 27, compliance filing in accordance with Rocky Mountain Power, Inc., et al.; 2001, Northeast Utilities Service the Commission’s October 25, 2001, Electric Rate and Corporate Regulation Company (NUSCO), on behalf of The order in the above-captioned Filings Connecticut Light and Power Company, proceedings. Western Massachusetts Electric A copy of this filing was served upon November 30, 2001. Company, Holyoke Water Power all persons designated on the official Take notice that the following filings Company, Holyoke Power and Electric service list compiled by the Secretary in have been made with the Commission: Company, and Public Service of New the above-captioned proceedings. Hampshire (the NU Operating Comment date: December 18, 2001, in 1. Rocky Mountain Power, Inc. Companies), and Select Energy, Inc. accordance with Standard Paragraph E [Docket No. EG02–39–000] (Select), and Northeast Generation at the end of this notice. Take notice that on November 27, Company (NGC) (collectively, 6. Wisconsin Public Service 2001, Rocky Mountain Power, Inc. Applicants) jointly filed with the Corporation tendered for filing with the Federal Federal Energy Regulatory Commission Energy Regulatory Commission an updated market power analysis. This [Docket No. ER02–157–001] (Commission) an application for filing serves as the triennial updated Take notice that on November 27, determination of exempt wholesale market power analysis in Docket Nos. 2001, Wisconsin Public Service generator status pursuant to part 365 of ER96–496–000 for the NU Operating Commission (WPSC) filed a letter the Commission’s regulations. Companies; ER99–3658–000 for Select; withdrawing its October 23, 2001 filing Rocky Mountain Power is a Montana and ER99–4463–000 for NGC. In in Docket No. ER02–157–000 as corporation that will be engaged directly addition, Applicants request the required by the Commission’s staff.
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Comment date: December 18, 2001, in Savannah Electric and Power Company System Operator Corporation (ISO) accordance with Standard Paragraph E (collectively referred to as Southern tendered for filing Second Revised at the end of this notice. Companies), filed one (1) agreement for Service Agreement No. 229 Under ISO network integration transmission Rate Schedule No.1, which is a 7. PacifiCorp service between Southern Companies Participating Generator Agreement [Docket No. ER02–408–000] and Generation Energy Marketing, a (PGA) between the ISO and Geysers Take notice that on November 27, Department of SCS, as agent for Power Company, LLC (Geysers). The 2001, PacifiCorp tendered for filing with Mississippi Power Company, under the ISO has revised the PGA to modify the the Federal Energy Regulatory Open Access Transmission Tariff of description of generating units Commission (Commission) in Southern Companies (FERC Electric contained in Schedule 1 of the PGA, accordance with 18 CFR part 35 of the Tariff, Fourth Revised Volume No. 5). and to modify Schedule 3 of the PGA to Commission’s Rules and Regulations, a Under this agreement, power will be reflect the new addresses, phone fully executed Integration and Exchange delivered to the South Mississippi numbers, and fax numbers for Jacob Agreement (Agreement) dated October Electric Power Association’s Coastal Rudisill and Calpine’s Western Region 22, 2001 between Seattle City Light and EPA Cedar Lake Delivery Point. Office. PacifiCorp. Additionally, the agreement provides The ISO requests that the agreement PacifiCorp has requested a November for Generation Energy Marketing to pay be made effective as of August 22, 2000. 26, 2001 effective date. the Direct Assignment Facilities Charges The ISO states that this filing has been Copies of this filing were supplied to specified in the agreement. This served on all entities that are on the the Washington Utilities and agreement is being filed in conjunction official service list for Docket No. ER99– Transportation Commission and the with a power sale by SCS, as agent for 2820–000, Geysers, and the Public Public Utility Commission of Oregon. Mississippi Power Company, to the Utilities Commission of the State of Comment date: December 18, 2001, in South Mississippi Electric Power California. accordance with Standard Paragraph E Association under Southern Companies’ Comment date: December 18, 2001, in at the end of this notice. Market-Based Rate Power Sales Tariff, accordance with Standard Paragraph E as was approved in FERC Docket No. at the end of this notice. 8. Exelon Generation Company, LLC ER01–1284–000. [Docket No. ER02–409–000] Comment date: December 18, 2001, in 14. LG&E Power Monroe LLC accordance with Standard Paragraph E Take notice that on November 27, [Docket No. ER02–415–000] at the end of this notice. 2001, Exelon Generation Company, LLC Take notice that on November 27, (Exelon Generation), submitted for filing 11. American Transmission Company 2001, LG&E Power Monroe LLC (Power a power sales service agreement LLC Monroe) tendered for filing a service between Exelon Generation and Aquila [Docket No. ER02–412–000] agreement between Power Monroe and Energy Marketing Corporation, under LG&E Energy Marketing Inc. executed Take notice that on November 27, Exelon Generation’s wholesale power pursuant to Power Monroe’s FERC 2001, American Transmission Company sales tariff, FERC Electric Tariff Original Electric Tariff No. 1. LLC (ATCLLC) tendered for filing an Volume No. 2. Power Monroe requests an effective executed Distribution-Transmission Comment date: December 18, 2001, in date of November 28, 2001. Interconnection Agreement between accordance with Standard Paragraph E Copies of the filing were served upon ATCLLC and the City of Wisconsin at the end of this notice. LG&E Energy Marketing Inc. Rapids. Comment date: December 18, 2001, in 9. Florida Power Corporation ATCLLC requests an effective date of July 26, 2001. accordance with Standard Paragraph E [Docket No. ER02–410–000] Comment date: December 18, 2001, in at the end of this notice. Take notice that on November 27, accordance with Standard Paragraph E 15. Florida Power Corporation 2001, Florida Power Corporation (FPC) at the end of this notice. filed a Service Agreement with Exelon [Docket No. ER02–416–000] Generation Company, LLC under FPC’s 12. Arizona Public Service Company Take notice that on November 26, Short-Form Market-Based Wholesale [Docket No. ER02–413–000] 2001, Progress Energy, Inc. (Progress Power Sales Tariff (SM–1), FERC Take notice that on November 27, Energy), on behalf of Florida Power Electric Tariff No. 10. 2001 , Arizona Public Service Company Corporation (FPC), tendered for filing FPC is requesting an effective date of (APS) tendered for filing a cancellation revised service agreements (Revised November 1, 2001 for this Agreement. of APS FERC Rate Schedule No. 231, a Service Agreements) under FPC’s open- A copy of this filing was served upon Wholesale Power Agreement between access transmission tariff (OATT), FERC the Florida Public Service Commission the Colorado River Commission of Electric Tariff, Second Revised Volume and the North Carolina Utilities Nevada and APS. No. 6 (FPC’s OATT), to comply with the Commission. A copy of this filing has been served Commission’s June 25, 2001 and Comment date: December 18, 2001, in on the Colorado River Commission of September 21, 2001 orders in Carolina accordance with Standard Paragraph E Nevada and the Arizona Corporation Power & Light Co. and Florida Power at the end of this notice. Commission. Corp., 95 FERC ¶ 61,429 (2001). 10. Southern Company Services, Inc. Comment date: December 18, 2001, in Progress Energy also tendered for filing accordance with Standard Paragraph E an index of Revised Service Agreements [Docket No. ER02–411–000] at the end of this notice. as filed under FPC’s OATT. Take notice that on November 27, Copies of the filing were served upon 13. California Independent System 2001, Southern Company Services, Inc. the Commission’s official service list Operator Corporation (SCS), acting on behalf of Alabama and the North Carolina Utilities Power Company, Georgia Power [Docket No. ER02–414–000] Commission, the South Carolina Public Company, Gulf Power Company, Take notice that on November 27, Service Commission and the Florida Mississippi Power Company, and 2001, the California Independent Public Service Commission.
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Comment date: December 18, 2001, in These facilities would consist of one • County Road 605/Queens Road (MP accordance with Standard Paragraph E 5,000 horsepower (hp) compressor 0.06); at the end of this notice. station and facilities related to the • State Route 31 (MP 2.69); uprate of certain segments of its • County Road 607/Rileyville Road Standard Paragraph mainline facilities east of Lambertville, (MP 6.12); E. Any person desiring to be heard or • Montgomery Road (MP 9.37); and New Jersey. This EA will be used by the • to protest such filing should file a Commission in its decisionmaking Long Hill Road (MP 10.44). motion to intervene or protest with the process to determine whether the The general location of Texas Federal Energy Regulatory Commission, Eastern’s proposed facilities is shown project is in the public convenience and 2 888 First Street, NE., Washington, DC necessity. on the map attached as appendix 1. 20426, in accordance with Rules 211 If you are a landowner receiving this Land Requirements for Construction and 214 of the Commission’s Rules of notice, you may be contacted by a The proposed Freehold Compressor Practice and Procedure (18 CFR 385.211 pipeline company representative about Station would be constructed on a 5- and 385.214). All such motions or the acquisition of an easement to acre site which Texas Eastern would protests should be filed on or before the construct, operate, and maintain the own. Texas Eastern indicated it would comment date. Protests will be proposed facilities. The pipeline need an additional 25 acres which it considered by the Commission in company would seek to negotiate a would acquire through easements, for determining the appropriate action to be mutually acceptable agreement. use as a noise buffer. Construction of the taken, but will not serve to make However, if the project is approved by proposed pressure limiting devices and protestants parties to the proceeding. the Commission, that approval conveys the five road crossings would require a Any person wishing to become a party with it the right of eminent domain. total of about 6.9 acres of land, of which must file a motion to intervene. Copies Therefore, if easement negotiations fail about 5.9 acres consist of existing and of this filing are on file with the to produce an agreement, the pipeline maintained right-of-way. The remaining Commission and are available for public company could initiate condemnation 1.0 acres of land would be restored and inspection. This filing may also be proceedings in accordance with state allowed to revert to its former use. viewed on the Web at http:// law. www.ferc.gov using the ‘‘RIMS’’ link, A fact sheet prepared by the FERC The EA Process select ‘‘Docket#’’ and follow the entitled ‘‘An Interstate Natural Gas The National Environmental Policy instructions (call 202–208–2222 for Facility On My Land? What Do I Need Act (NEPA) requires the Commission to assistance). Comments, protests and To Know?’’ was attached to the project take into account the environmental interventions may be filed electronically notice Texas Eastern provided to impacts that could result from an action via the Internet in lieu of paper. See, 18 landowners. This fact sheet addresses a whenever it considers the issuance of a CFR 385.2001(a)(1)(iii) and the number of typically asked questions, Certificate of Public Convenience and instructions on the Commission’s Web including the use of eminent domain Necessity. NEPA also requires us to site under the ‘‘e-Filing’’ link. and how to participate in the discover and address concerns the public may have about proposals. We 3 Linwood A. Watson, Jr., Commission’s proceedings. It is call this ‘‘scoping’’. The main goal of the Acting Secretary. available for viewing on the FERC Internet Web site (www.ferc.fed.us). scoping process is to focus the analysis [FR Doc. 01–30320 Filed 12–6–01; 8:45 am] in the EA on the important BILLING CODE 6717–01–P Summary of the Proposed Project environmental issues. By this Notice of Texas Eastern proposes to provide Intent, the Commission requests public comments on the scope of the issues it DEPARTMENT OF ENERGY service to New Jersey Natural Gas Company’s local distribution system at will address in the EA. All comments Federal Energy Regulatory Texas Eastern’s Freehold Lateral M&R received are considered during the Commission Stations 953 and 2210. Texas Eastern preparation of the EA. State and local proposes to: government representatives are [Docket No. CP02–17–000] • Construct and operate a 5,000- encouraged to notify their constituents horsepower electric motor-driven of this proposed action and encourage Texas Eastern Transmission, LP; compressor station in Somerset County, them to comment on their areas of Notice of Intent To Prepare an New Jersey (Freehold Compressor concern. Environmental Assessment for the Station); The EA will discuss impacts that could occur as a result of the Proposed Freehold Project and • Uprate the maximum allowable construction and operation of the Request for Comments on operating pressure of the 36-inch- proposed project under these general Environmental Issues diameter Line No. 20 and the 42-inch- headings: December 3, 2001. diameter Line No. 38 from 975 pounds • Geology and soils The staff of the Federal Energy per square inch gauge (psig) to 1,170 • Water resources, fisheries, and Regulatory Commission (FERC or psig from milepost (MP) 0.0 to MP 13.9; wetlands • Commission) will prepare an Install two pressure limiting environmental assessment (EA) that will devices at MP 13.9 of Line Nos. 20 and 2 The appendices referenced in this notice are not discuss the environmental impacts of 38, respectively; and being printed in the Federal Register. Copies are • Replace five road crossings on Line available on the Commission’s website at the the Freehold Project involving the ‘‘RIMS’’ link or from the Commission’s Public construction and operation of facilities No. 38 with heavier wall thickness Reference and Files Maintenance Branch, 888 First by Texas Eastern Transmission, LP pipeline at the following locations in Street, NE., Room 2A, Washington, DC 20426, or (Texas Eastern) in Somerset and Somerset and Hunterdon Counties, New call (202) 208–1371. For instructions on connecting to RIMS refer to the last page of this notice. Copies 1 Jersey: Hunterdon Counties, New Jersey. of the appendices were sent to all those receiving this notice in the mail. 1 Texas Easterns’s application was filed with the of the Natural Gas Act and Part 157 of the 3 ’’We,’’ ‘‘us,’’ and ‘‘our’’ refer to the Commission on October 26, 2001, under Section 7 Commission’s regulations. environmental staff of the Office of Energy Projects.
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• Vegetation and wildlife Public Participation the Secretary of the Commission and • Endangered and and threatened You can make a difference by must send a copy of its filings to all species providing us with your specific other parties on the Commission’s • Land use service list for this proceeding. If you • comments or concerns about the project. Cultural resources want to become an intervenor you must • Air quality and noise By becoming a commentor, your • concerns will be addressed in the EA file a motion to intervene according to Public safety Rule 214 of the Commission’s Rules of We will also evaluate possible and considered by the Commission. You Practice and Procedure (18 CFR alternatives to the proposed project or should focus on the potential 385.214) (see appendix 2). Only portions of the project, and make environmental effects of the proposal, intervenors have the right to seek recommendations on how to lessen or alternatives to the proposal (including rehearing of the Commission’s decision. avoid impacts on the various resource alternative locations), and measures to Affected landowners and parties with areas. avoid or lessen environmental impact. Our independent analysis of the The more specific your comments, the environmental concerns may be granted issues will be in the EA. Depending on more useful they will be. Please intervenor status upon showing good the comments received during the carefully follow these instructions to cause by stating that they have a clear scoping process, the EA may be ensure that your comments are received and direct interest in this proceeding published and mailed to Federal, state, in time and properly recorded: which would not be adequately and local agencies, public interest • Send an original and two copies of represented by any other parties. You do groups, interested individuals, affected your letter to: Secretary, Federal Energy not need intervenor status to have your landowners, newspapers, libraries, and Regulatory Commission, 888 First St., environmental comments considered. the Commission’s official service list for NE., Room 1A, Washington, DC 20426. Copies of this filing are on file with this proceeding. A comment period will • Label one copy of the comments for the Commission and are available for be allotted for review if the EA is the attention of Gas/Hydro, PJ–11.3. public inspection. This filing may also published. We will consider all • Reference Docket No. CP02–17– be viewed on the Web at http:// comments on the EA before we make 000; and www.ferc.gov using the ‘‘RIMS’’ link, our recommendations to the • Mail your comments so that they select ‘‘Docket #’’ and follow the Commission. will be received in Washington, DC on instructions (call 202–208–2222 for To ensure your comments are or before January 15, 2002. assistance). considered, please carefully follow the Comments, protests, and Similarly, the ‘‘CIPS’’ link on the instructions in the public participation interventions may be filed electronically FERC Internet website provides access section beginning on page 5. via the Internet in lieu of paper. See 18 to the texts of formal documents issued CFR 385.2001(a)(1)(iii) and the by the Commission, such as orders, Currently Identified Environmental notices, and rulemakings. From the Issues instructions on the Commission’s web site under the ‘‘e-Filing’’ link. FERC Internet website, click on the We have already identified several If you do not want to send comments ‘‘CIPS’’ link, select ‘‘Docket#’’ from the issues that we think deserve attention at this time but still want to remain on CIPS menu, and follow the instructions. based on a preliminary review of the our mailing list, please return the For assistance with access to CIPS, the proposed facilities and the Information Request (appendix 3). If you CIPS helpline can be reached at (202) environmental information provided by do not return the Information Request, 208–2474. Texas Eastern. This preliminary list of you will be removed from the issues may be changed based on your Linwood A. Watson, Jr., environmental mailing list. comments and our analysis. Acting Secretary. Due to current events, we cannot • Potential impact on 3 Federally- [FR Doc. 01–30350 Filed 11–29–01; 8:45 am] guarantee that we will receive mail on listed threatened reptile (1) and plant (2) BILLING CODE 6717–01–P species. a timely basis from the U.S. Postal • Conversion to industrial use of Service, and we do not know how long about 30 acres of land that is registered this situation will continue. However, we continue to receive filings from ENVIRONMENTAL PROTECTION with the New Jersey Green Acres AGENCY program. private mail delivery services, including • Proximity of the proposed facilities messenger services in a reliable manner. [ER–FRL–6624–3] to homes and residential land-use The Commission encourages electronic impacts. filing of any comments or interventions Environmental Impact Statements; • Impact and routing of a 25 kilovolt or protests to this proceeding. We will Notice of Availability electric service line, about 1.5 miles include all comments that we receive long, to be installed by Public Service within a reasonable time frame in our Responsible Agency: Office of Federal Electric & Gas Company. environmental analysis of this project. Activities, General Information (202) • 564–7167 or www.epa.gov/oeca/ofa. The Franklin Township Board of Becoming an Intervenor Education is in the process of acquiring Weekly receipt of Environmental Impact land for construction of a new high In addition to involvement in the EA Statements school within 0.25 mile of the proposed scoping process, you may want to Filed November 26, 2001 Through Freehold Compressor Station site. become an official party to the November 30, 2001 • Noise impacts due to operation of proceeding known as an ‘‘intervenor.’’ Pursuant to 40 CFR 1506.9. the proposed Freehold Compressor Intervenors play a more formal role in EIS No. 010501, Draft Supplement, Station. the process. Among other things, FHW, NM, US 70 Corridor • Impact of operation of the proposed intervenors have the right to receive Improvement, Between Ruidoso Freehold Compressor Station on copies of case-related Commission Downs to Riverside, New Information Franklin Township Board of documents and filings by other and Circumstances, Implementation, Education’s plan to construct a new intervenors. Likewise, each intervenor Right-of-Way Acquisition, Lincoln high school. must provide 14 copies of its filings to County, NM, Comment Period Ends:
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January 22, 2002, Contact: Gregory D. ENVIRONMENTAL PROTECTION additional information and analyses be Rawlings (505) 820–2027. AGENCY available in the final EIS. EIS No. 010502, Draft EIS, NAS, CA, ERP No. D–BLM–K65235–AZ Rating [ER–FRL–6624–4] Programmatic EIS—NASA Ames LO, Las Cienegas Resource Management Plan, Implementation, Las Cienegas Development Plan (NADP) for Ames Environmental Impact Statements and Research Center, New Research and National Conservation Area (NCA) and Regulations; Availability of EPA Sonoita Valley Acquisition Planning Development Uses, Implementation, Comments District, AZ. San Francisco Bay, Santa Clara Summary: EPA expressed a lack of County, CA, Comment Period Ends: Availability of EPA comments environmental objections to the January 28, 2002, Contact: Sandy prepared pursuant to the Environmental Review Process (ERP), under section proposed project. ERP No. D–FHW– Olliges (650) 604–3355. This F40398–IN Rating EO2, Indianapolis document is available on the Internet 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Northeast Corridor Transportation at: http://researchpark.arc.nasa.gov. Policy Act as amended. Requests for Connections Study, To Identify Actions EIS No. 010503, Final Supplement, AFS, copies of EPA comments can be directed to Reduce Expected Year 2025 Traffic UT, Rendezvous Vegetation to the OFFICE OF FEDERAL Congestion and Enhance Mobility, Management Project, To the South ACTIVITIES at (202) 564–7167. Between I–69: from I–465 to IN–328; I– Spruce Ecosystem Rehabilitation An explanation of the ratings assigned 465: from US 31 to I–70; I–70: from I– Project, Implementation, Dixie to draft environmental impact 65 to I–465: IN–37 from I–69 to National Forest, Cedar City Ranger statements (EISs) was published in FR Allisonville Road (Noblesville), Marion District, Iron and Kane Counties, UT, dated May 18, 2001 (66 FR 27647). and Hamilton Counties, IN. Summary: EPA expressed objections Wait Period Ends: January 07, 2002, Draft EISs Contact: Phillip G. Eisenhauer (435) to and requested additional information 865–3200. ERP No. D–AFS–K65236–AZ Rating regarding: Alternatives, noise, air LO, Buck Springs Range Allotment quality, wetlands, threatened and EIS No. 010504, Final EIS, FHW, TX, Rangeland Management, endangered species habitat, water IH–10 West from Taylor Street to FM– Implementation, Blue Ridge Coconino quality/storm water management, flood 1489, Construction and National Forest, Coconino County, AZ. plains and mitigation. Reconstruction, Central Business Summary: EPA supports the dual ERP No. D–NOA–K36136–CA Rating District (CBD), Funding, Right-of-Way objectives of providing grazing land and EC2, Goat Canyon Enhancement Project, Permit and COE Section 404 Permit, protecting sensitive habitat analyzed in Implementation, Tijuana River Estuary, Harris, Fort Bend and Waller the Buck Springs Range Allotment DEIS. City and County of San Diego, CA. Counties, TX, Wait Period Ends: EPA has no objections to the proposed Summary: EPA expressed January 07, 2002, Contact: John R. project. environmental concerns regarding Mack (512) 536–5960. ERP No. D–AFS–L65390–ID Rating impacts to water quality, cumulative EIS No. 010505, Draft Supplement, EO2, Garnet Stars and Sands Project, To impacts and the objectives for COE, FL, Central and Southern Test and Develop Future Recreation, improvements to Monument Road and Florida Project, Tamiami Trail Feature Garnet, Idaho Panhandle National the trail system. EPA requested that (US Highway 41), Modified Water Forests, St. Joe Ranger District, Latah, additional information be provided to Deliveries to Everglades National Shoshone and Benewah Counties, ID. address EPA’s concerns on these issues. Park, Dade County, FL, Comment Summary: EPA had environmental ERP No. DS–COE–E39054–FL Rating objections because the proposed project LO, Cape Sable Seaside Sparrow Period Ends: February 04, 2002, would likely worsen already impaired Protection, Interim Operating Plan Contact: Jon Moulding (904) 232–2286. water quality and degrade habitat for (IOP), Updated Information on a New Amended Notices listed and sensitive fish species and Alternative 7 for Emergency Sparrow riparian areas. EPA recommended that Protection Actions, Implementation, EIS No. 010419, Draft EIS, AFS, UT, the final EIS contain sufficient Everglades National Park, Miami-Dade Ray’s Valley Road Realignment, mitigation measures to conserve aquatic County, FL. Proposal to Reduce or Eliminate resources consistent with section 313 of Summary: EPA had no objection to Adverse Impacts to Watershed, and the Clean Water Act, section 7(a)(1) of the proposed action sinceAlternative 7 Aquatic Species, Provide Safer the Endangered Species Act and the appears to address our previous water Driving Conditions, Uinta National Forest Plan, utilize the Forest Service’s quality concerns, but still provides Forest, Spanish Fork Ranger District, Protocol for 303(d) Waters and include adequate protection to the Cape Sable Utah County, UT, Due: January 11, a comprehensive monitoring plan Seaside Sparrow. specifically tied to the project. 2002, Contact: Renee Flanagan (801) Final EISs ERP No. D–APH–A65169–00 Rating 342–5145. Revision of FR notice EC2, Programmatic—EIS Rangeland ERP No. F–AFS–L65232–OR, Deep published on 11/16/2001: CEQ Grasshopper and Mormon Cricket Vegetation Management Project, Comment Period Ending 01/02/2002 Suppression Program, Authorization, Implementation, Ochoco National has been Corrected to 1/11/2002. Funding and Implementation in 17 Forest, Paulina Ranger District, Crook Dated: December 4, 2001. Western States, AZ, CA, CO, ID, KS, and Wheeler Counties, OR. Joseph C. Montgomery, MT, NB, NV, NM, ND, OK, OR, SD, TX, Summary: The final EIS adequately Director, NEPA Compliance Division, Office UT, WA and WY. discloses the impacts and satisfactorily of Federal Activities. Summary: EPA expressed responded to most of EPA’s previous [FR Doc. 01–30380 Filed 12–6–01; 8:45 am] environmental concerns since the draft comments on the draft EIS. In addition, EIS did not fully identify a proposed the project overall should benefit the BILLING CODE 6560–50–U action nor fully analyze a reasonable landscape. Therefore, EPA has no range of alternatives. EPA requested that objection to the action as proposed.
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ERP No. F–DOE–E09807–TN Monday through Friday, excluding legal NAICS Examples of poten- Programmatic EIS—Oak Ridge Y–12 Categories codes tially affected enti- holidays. The PIRIB telephone number Plant Mission, Processing and Storage of ties is (703) 305–5805. Highly Enriched Uranium, U.S. Nuclear Industry 111 Crop production C. How and to Whom Do I Submit Weapons Stockpile, Anderson County, 112 Animal production Comments? TN. 311 Food manufacturing Summary: EPA continues to have 32532 Pesticide manufac- You may submit comments through environmental concerns about turing the mail, in person, or electronically. To construction impacts of the project. ensure proper receipt by EPA, it is Dated: December 4, 2001. This listing is not intended to be imperative that you identify docket exhaustive, but rather provides a guide Joseph C. Montgomery, control number PF–970 in the subject for readers regarding entities likely to be line on the first page of your response. Director, NEPA Compliance Division, Office affected by this action. Other types of of Federal Activities. entities not listed in the table could also 1. By mail. Submit your comments to: [FR Doc. 01–30381 Filed 12–6–01; 8:45 am] be affected. The North American Public Information and Records BILLING CODE 6560–50–U Industrial Classification System Integrity Branch (PIRIB), Information (NAICS) codes have been provided to Resources and Services Division assist you and others in determining (7502C), Office of Pesticide Programs ENVIRONMENTAL PROTECTION whether or not this action might apply (OPP), Environmental Protection AGENCY to certain entities. If you have questions Agency, 1200 Pennsylvania Ave., NW., regarding the applicability of this action Washington, DC 20460. [PF–970; FRL–6737–9] to a particular entity, consult the person 2. In person or by courier. Deliver listed under FOR FURTHER INFORMATION your comments to: Public Information Notice of Filing Pesticide Petitions to CONTACT. and Records Integrity Branch (PIRIB), Establish a Tolerance for a Certain Information Resources and Services B. How Can I Get Additional Pesticide Chemicals in or on Food Division (7502C), Office of Pesticide Information, Including Copies of This Programs (OPP), Environmental AGENCY: Environmental Protection Document and Other Related Protection Agency, Rm. 119, Crystal Agency (EPA). Documents? Mall #2, 1921 Jefferson Davis Highway, ACTION: Notice. 1. Electronically. You may obtain Arlington, VA. The PIRIB is open from electronic copies of this document, and SUMMARY: This notice announces the 8:30 a.m. to 4 p.m., Monday through certain other related documents that initial filing of pesticide petitions Friday, excluding legal holidays. The might be available electronically, from proposing the establishment of PIRIB telephone number is (703) 305– the EPA Internet Home Page at http:// regulations for residues of certain 5805. www.epa.gov/. To access this pesticide chemicals in or on various 3. Electronically. You may submit document, on the Home Page select food commodities. your comments electronically by e-mail ‘‘Laws and Regulations,’’ ‘‘Regulations to: ‘‘[email protected]’’, or you can DATES: Comments, identified by docket and Proposed Rules,’’ and then look up control number PF–970, must be the entry for this document under the submit a computer disk as described received on or before January 7, 2002. ‘‘Federal Register—Environmental above. Do not submit any information ADDRESSES: Comments may be Documents.’’ You can also go directly to electronically that you consider to be submitted by mail, electronically, or in the Federal Register listings at http:// CBI. Avoid the use of special characters person. Please follow the detailed www.epa.gov/fedrgstr/. and any form of encryption. Electronic instructions for each method as 2. In person. The Agency has submissions will be accepted in provided in Unit I.C. of the established an official record for this Wordperfect 6.1/8.0 or ASCII file SUPPLEMENTARY INFORMATION. To ensure action under docket control number PF– format. All comments in electronic form proper receipt by EPA, it is imperative 970. The official record consists of the must be identified by docket control that you identify docket control number documents specifically referenced in number PF–970. Electronic comments PF–970 in the subject line on the first this action, any public comments may also be filed online at many Federal page of your response. received during an applicable comment Depository Libraries. FOR FURTHER INFORMATION CONTACT: By period, and other information related to D. How Should I Handle CBI That I mail: Adam Heyward, Antimicrobials this action, including any information Want to Submit to the Agency? Division (7510C), Office of Pesticide claimed as confidential business Programs, Environmental Protection information (CBI). This official record Do not submit any information Agency, 1200 Pennsylvania Ave., NW., includes the documents that are electronically that you consider to be Washington, DC 20460; telephone physically located in the docket, as well CBI. You may claim information that numbers: (703) 308–6422; e-mail as the documents that are referenced in you submit to EPA in response to this address: [email protected]. those documents. The public version of document as CBI by marking any part or the official record does not include any all of that information as CBI. SUPPLEMENTARY INFORMATION: information claimed as CBI. The public Information so marked will not be I. General Information version of the official record, which disclosed except in accordance with includes printed, paper versions of any procedures set forth in 40 CFR part 2. A. Does This Action Apply to Me? electronic comments submitted during In addition to one complete version of You may be affected by this action if an applicable comment period, is the comment that includes any you are an agricultural producer, food available for inspection in the Public information claimed as CBI, a copy of manufacturer or pesticide manufacturer. Information and Records Integrity the comment that does not contain the Potentially affected categories and Branch (PIRIB), Rm. 119, Crystal Mall information claimed as CBI must be entities may include, but are not limited #2, 1921 Jefferson Davis Highway, submitted for inclusion in the public to: Arlington, VA, from 8:30 a.m. to 4 p.m., version of the official record.
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Information not marked confidential Dated: November 28, 2001. LD50 in mice was 15 g/kg. The dermal will be included in the public version Frank Sanders, LD50 is greater than 5 g/kg. It is of the official record without prior Director, Antimicrobials Division, Office of considered to be essentially non-toxic notice. If you have any questions about Pesticide Programs. via the oral and dermal routes. 2. Genotoxicity. Nothing in the CBI or the procedures for claiming CBI, Summaries of Petitions please consult the person identified available literature indicates that the Petitioner summaries of the pesticide under ‘‘FOR FURTHER INFORMATION pelargonic acid is genotoxic. petitions are printed below as required 3. Reproductive and developmental CONTACT.’’ by section 408(d)(3) of the FFDCA. The toxicity. Nothing in the available E. What Should I Consider as I Prepare summaries of the petitions were literature indicates the pelargonic acid My Comments for EPA? prepared by the petitioners and is a developmental or reproductive represent the views of the petitioners. . toxin. No evidence of maternal or You may find the following The petition summaries announces the developmental toxicity was seen in a rat suggestions helpful for preparing your availability of a description of the oral developmental toxicity screen with comments: analytical methods available to EPA for pelargonic acid at a dose of 1,500 1. Explain your views as clearly as the detection and measurement of the milligrams/kilograms/day (mg/kg/day). possible. pesticide chemical residues or an 4. Subchronic toxicity. Nothing in the explanation of why no such method is available literature indicates chronic 2. Describe any assumptions that you needed. exposure of pelargonic acid products used. I. Ecolab Inc. any adverse toxicological effects unless 3. Provide copies of any technical it is ingested at an extremely high information and/or data you used that PP 0F6193 concentration. A 14-day oral toxicity support your views. EPA has received a pesticide petition test with rats revealed no adverse effects 4. If you estimate potential burden or (0F6193) from Ecolab Inc., 370 N. from pelargonic acid at any dose level, including the highest dietary costs, explain how you arrived at the Wabasha Street, St. Paul MN 55102 concentration of 20,000 ppm, estimate that you provide. proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic (equivalent to 1,834 mg/kg/day, a level 5. Provide specific examples to Act (FFDCA), 21 U.S.C. 346a(d), to exceeding the limit dose of 1,000 mg/kg/ illustrate your concerns. amend 40 CFR part 180 to establish an day). In another study, eight rats were 6. Make sure to submit your exemption from the requirement of a exposed to a diet consisting of 4.19% comments by the deadline in this tolerance for pelargonic acid nonanoic pelargonic acid for 4 weeks equivalent notice. acid in or on the raw agricultural to approximately 2,090 mg/kg/day). commodity, in processed commodities, There was no effect on survival. At 7. To ensure proper receipt by EPA, and in or on meat and meat byproducts normal dietary intake levels in the be sure to identify the docket control of cattle, sheep, hogs, goats, horses, and human diet, no adverse effects would number assigned to this action in the poultry, milk, and dairy products, eggs, result. subject line on the first page of your seafood, and shellfish, and fruits and 5. Chronic toxicity. Chronic exposure response. You may also provide the vegetables when such residues results would not produce any additional effect name, date, and Federal Register from the use of pelargonic acid as a over what is noted in subchronic citation. component of a food contact surface exposure, therefore, no additional concerns were warranted. Nothing in II. What Action is the Agency Taking? sanitizing solution for use in food handling establishments. The request is the literature indicates that pelargonic EPA has received pesticide petitions for unlimited clearance. EPA has acid may be carcinogenic. as follows proposing the establishment determined that the petition contains 6. Endocrine disruption. A review of and/or amendment of regulations for data or information regarding the information from the Agency of Toxic residues of certain pesticide chemicals elements set forth in section 408(d)(2) of Substances and Disease Registry in or on various food commodities the FFDCA; however, EPA has not fully indicates that potential endocrine effects from exposure to pelargonic acid under section 408 of the Federal Food, evaluated the sufficiency of the have not been studied. The best of our Drug, and Cosmetic Act (FFDCA), 21 submitted data at this time or whether knowledge, nothing in the available U.S.C. 346a. EPA has determined that the data supports granting of the petition. Additional data may be needed literature suggests that nonanoic acids these petitions contain data or before EPA rules on the petition. as an endocrine disrupter or that it information regarding the elements set possesses intrinsic hormonal activity. forth in section 408(d)(2); however, EPA A. Residue Chemistry has not fully evaluated the sufficiency 1. Analytical method. Because Ecolab C. Aggregate Exposure of the submitted data at this time or Inc. is petitioning for an exemption from 1. Dietary exposure—i. Acute. There whether the data supports granting of the requirement of a tolerance, an are no acute toxicology concerns for the petitions. Additional data may be enforcement method for pelargonic acid pelargonic acid, an acute dietary risk needed before EPA rules on the is not needed. assessment is not required. petitions. 2. Magnitude of residues. The ii. Chronic indirect. Using a worst- residues which transfer from the case scenario, the exposure resulting List of Subjects sanitized dish or utensil to food are not from the use of this material in a sanitizer would be 0.005 mg/kg/day for Environmental protection, of toxicological significance. a 70 kg person (adult) and 0.007 mg/kg/ Agricultural commodities, Feed B. Toxicological Profile day for a 28 kg person (child). additives, Food additives, Pesticides 1. Acute toxicity. From published 2. Food—Chronic direct. A typical and pests, Reporting and recordkeeping literature values the acute oral LD50 in adult ingest significant quantities of requirements. rats was determined to be greater than pelargonic acid via diet. When 3.2 gram/kilogram (g/kg); the acute oral pelargonic acid is used as a compound
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of a food contact surface sanitizer, the Act (FFDCA), 21 U.S.C. 346a(d), to triglyceride) for 47 weeks. These residue that would be introduce into amend 40 CFR part 180 to establish an animals showed no abnormalities in the food will be insignificant. Based on this, exemption from the requirement of a cellular structure of the liver or there are no toxicological concerns tolerance for decanoic acid in or on the intestine. Other animals ingesting 5 g/ resulting from exposures to residues of raw agricultural commodity, in kg/day for 150 days did not develop pelargonic acid from the use of processed commodities, and in or on abnormal tissues in the gastrointestinal sanitizing solutions. meat and meat byproducts of cattle, tract. No other tissues were examined. 3. Drinking water—i. Acute. Since sheep, hogs, goats, horses, and poultry, 5. Chronic toxicity. Chronic exposure there are no acute toxicological milk, and dairy products, eggs, seafood, would not produce any additional effect concerns for pelargonic acid, an acute and shellfish, and fruits and vegetables over what is noted in subchronic drinking water risk assessment is not when such residues results from the use exposure, therefore, no additional required. of decanoic acid as a component of a concerns were warranted. Nothing in ii. Chronic. There are no toxicological food contact surface sanitizing solution the literature indicates that decanoic concerns about the exposure of low for use in food handling establishments. acid may be carcinogenic. concentrations of pelargonic acid in the The request is for unlimited clearance. 6. Endocrine disruption. A review of drinking water. Although it is possible EPA has determined that the petition information from the Agency for Toxic that the trace amounts pelargonic acid contains data or information regarding Substances and Disease Registry resulting for its use as a sanitizer may the elements set forth in section indicates that potential endocrine ultimately get into drinking water, no 408(d)(2) of the FFDCA; however, EPA effects from exposure to decanoic acid adverse health effects would results. has not fully evaluated the sufficiency have not been studied. The best of our 4. Non-dietary exposure. The of the submitted data at this time or knowledge, nothing in the available potential for significant additional non- whether the data supports granting of literature suggests that decanoic acid occupational exposure to the general the petition. Additional data may be acts as an endocrine disrupter or that is population (including children) is needed before EPA rules on the petition. possesses intrinsic hormonal activity. unlikely. A. Residue Chemistry C. Aggregate Exposure D. Cumulative Effects 1. Analytical method. Because Ecolab 1. Dietary exposure— i. Acute. There Potentially small amounts of Inc. is petitioning for an exemption from are no acute toxicology concerns for pelargonic acid exposure will be the the requirement of a tolerance, an decanoic acid, an acute dietary risk result of non-food uses. The amount of enforcement method for decanoic acid assessment is not required. pelargonic acid exposure resulting from is not needed. ii. Chronic indirect. Using a worst- direct exposure to sanitizing solutions 2. Magnitude of residues. The case scenario, the exposure resulting will be minuscule. Since pelargonic residues which transfer from the from the use of this material in a acid in the diet poses no toxicological sanitized dish or utensil to food are not sanitizer would be 0.0008 mg/kg/day for risk, the cumulative toxicity resulting of toxicological significance. a 70 kg person (adult) and 0.0010 mg/ form this additional exposure is kg/day for a 28 kg person (child). negligible. B. Toxicological Profile 2. Food—Chronic direct. A typical E. Safety Determination 1. Acute toxicity. From published adult ingest significant quantities of literature values the acute oral LD50 in decanoic acid via diet. When decanoic 1. U.S. population. Since there are no rats ranged from 3.2 g/kg to greater than acid is used as a compound of a food adverse toxicological effects resulting 10 g/kg. The dermal LD50 in rats greater contact surface sanitizer, the residue from normal dietary concentrations of than 5 g/kg. that would be introduce into food will pelagonic acid, there is no need to 2. Genotoxicity. Nothing in the be insignificant compared to the normal determine aggregate risks, or to conduct available literature indicates that the dietary intake. Based on this, there are a safety determination. Pelargonic acid decanoic acid is genotoxic. no toxicological concerns resulting from is generally recognized as safe and the 3. Reproductive and developmental exposures to residues of decanoic acid incremental exposure due to its use as toxicity. Nothing in the available from the use of sanitizing solutions. an inert in a food contact surface literature indicates the decanoic acid is 3. Drinking water— i. Acute. Since sanitizer is negligible. a developmental or reproductive toxin. there are no acute toxicological 2. Infants and children. As in adults, It is generally recognized as safe and is concerns for decanoic acid, an acute infants and children ingest pelargonic normal constituent in the human diet. drinking water risk assessment is not acid in their diet. Children are at no 4. Subchronic toxicity. Long term required. greater ‘‘risk’’ from exposure to studies with decanoic acid have shown ii. Chronic. There are no toxicological pelargonic acid. Therefore, as with that this material is a relatively non- concerns about the exposure of low adults, a safety determination is not toxic. In on study, rats were fed concentrations of decanoic acid in the appropriate. decanoic acid in their diet at the level drinking water. Although it is possible F. International Tolerances of 10% for 150 days. No adverse effects that the trace amounts decanoic acid were observed at the conclusion of the resulting for its use as a sanitizer may No codex maximum residue levels study. In another study rats were ultimately get into drinking water, no have been established for pelargonic administered decanoic acid at dietary adverse health effects would results. acid. levels 8% (corresponding to 4. Non-dietary exposure. The II. Ecolab Inc. approximately 4 g/kg/day for 6 weeks. potential for significant additional non- These animals exhibited reduced body occupational exposure to the general PP 0F6194 weight gain and increased plasma population (including children) is EPA has received a pesticide petition triglyceride levels. Dogs fed unlikely. (0F6194) from Ecolab Inc., 370 N. approximately 4.4 g/kg/day of decanoic Wabasha St., St. Paul MN 55102 acid for 102 days showed no adverse D. Cumulative Effects proposing, pursuant to section 408(d) of effects.In another study, rats were fed Over 99% of the exposure to decanoic the Federal Food, Drug, and Cosmetic 2.5 g/kg/day of decanoic acid (as the acid is expected to be via the diet.
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Potentially small amounts of decanoic chemical that the Agency has received comments received during an applicable acid exposure will be the result of non- under TSCA section 5 during this time comment period, and other information food uses. The amount of decanoic acid period. The ‘‘S’’ and ‘‘G’’ that precede related to this action, including any exposure resulting from indirect the chemical names denote whether the information claimed as confidential exposure to sanitizing solutions will be chemical idenity is specific or generic. business information (CBI). This official minuscule. Since decanoic acid in the DATES: Comments identified by the record includes the documents that are diet pose no toxicological risk, the docket control number OPPTS–51979 physically located in the docket, as well cumulative toxicity resulting from the and the specific PMN number, must be as the documents that are referenced in additional exposure is negligible. received on or before January 7, 2002. those documents. The public version of the official record does not include any E. Safety Determination ADDRESSES: Comments may be submitted by mail, electronically, or in information claimed as CBI. The public 1. U.S. population. Since there are no person. Please follow the detailed version of the official record, which adverse toxicological effects resulting instructions for each method as includes printed, paper versions of any from normal dietary concentrations of provided in Unit I. of the electronic comments submitted during decanoic acid, there is no need to SUPPLEMENTARY INFORMATION. To ensure an applicable comment period, any test determine aggregate risks, or to conduct proper receipt by EPA, it is imperative data submitted by the Manufacturer/ a safety determination. Decanoic acid is that you identify docket control number Importer is available for inspection in generally recognized as safe and the OPPTS–51979 and the specific PMN the TSCA Nonconfidential Information incremental exposure due to its use as number in the subject line on the first Center, North East Mall Rm. B–607, an inert in a food contact surface page of your response. Waterside Mall, 401 M St., SW., sanitizer is negligible. FOR FURTHER INFORMATION CONTACT: Washington, DC. The Center is open 2. Infants and children. As in adults, Barbara Cunningham, Director, Office of from noon to 4 p.m., Monday through infants and children ingest decanoic Friday, excluding legal holidays. The acid in their diet. Children are at no Program Management and Evaluation, Office of Pollution Prevention and telephone number of the Center is (202) greater ‘‘risk’’ from exposure to decanoic Toxics (7401), Environmental Protection 260–7099. acid. Therefore, as with adults, a safety Agency, 1200 Pennsylvania Ave., NW., determination is not appropriate. C. How and to Whom Do I Submit Washington, DC 20460; telephone Comments? F. International Tolerances number: (202) 554–1404; e-mail address: You may submit comments through No codex maximum residue levels [email protected]. the mail, in person, or electronically. To have been established for decanoic acid. SUPPLEMENTARY INFORMATION: ensure proper receipt by EPA, it is [FR Doc. 01–30369 Filed 12–6–01; 8:45 a.m.] I. General Information imperative that you identify docket BILLING CODE 6560–50–S control number OPPTS–51979 and the A. Does This Action Apply to Me? specific PMN number in the subject line This action is directed to the public on the first page of your response. ENVIRONMENTAL PROTECTION in general. As such, the Agency has not 1. By mail. Submit your comments to: AGENCY attempted to describe the specific Document Control Office (7407), Office entities that this action may apply to. of Pollution Prevention and Toxics [OPPTS–51979; FRL–6815–6] Although others may be affected, this (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Certain New Chemicals; Receipt and action applies directly to the submitter Washington, DC 20460. Status Information of the premanufacture notices addressed in the action. If you have any questions 2. In person or by courier. Deliver AGENCY: Environmental Protection regarding the applicability of this action your comments to: OPPT Document Agency (EPA). to a particular entity, consult the person Control Office (DCO) in EPA East ACTION: Notice. listed under FOR FURTHER INFORMATION Building Rm. 6428, 1201 Constitution CONTACT. Ave., NW., Washington, DC. The DCO is SUMMARY: Section 5 of the Toxic open from 8 a.m. to 4 p.m., Monday Substances Control Act (TSCA) requires B. How Can I Get Additional through Friday, excluding legal any person who intends to manufacture Information, Including Copies of This holidays. The telephone number for the (defined by statute to include import) a Document and Other Related DCO is (202) 564–8930. new chemical (i.e., a chemical not on Documents? 3. Electronically. You may submit the TSCA Inventory) to notify EPA and 1. Electronically. You may obtain your comments electronically by e-mail comply with the statutory provisions copies of this document and certain to: ‘‘[email protected],’’ or mail your pertaining to the manufacture of new other available documents from the EPA computer disk to the address identified Chemicals. Under sections 5(d)(2) and Internet Home Page at http:// in this unit. Do not submit any 5(d)(3) of TSCA, EPA is required to www.epa.gov/. On the Home Page select information electronically that you publish a notice of receipt of a ‘‘Laws and Regulations’’,’’ Regulations consider to be CBI. Electronic comments premanufacture notice (PMN) or an and Proposed Rules, and then look up must be submitted as an ASCII file application for a test marketing the entry for this document under the avoiding the use of special characters exemption (TME), and to publish ‘‘Federal Register—Environmental and any form of encryption. Comments periodic status reports on the Chemicals Documents.’’ You can also go directly to and data will also be accepted on under review and the receipt of notices the Federal Register listings at http:// standard disks in WordPerfect 6.1/8.0 or of commencement to manufacture those www.epa.gov/fedrgstr/. ASCII file format. All comments in Chemicals. This status report, which 2. In person. The Agency has electronic form must be identified by covers the period from September 17, established an official record for this docket control number OPPTS–51979 2001 to October 24, 2001, consists of the action under docket control number and the specific PMN number. PMNs and TMEs, both pending or OPPTS–51979. The official record Electronic comments may also be filed expired, and the notices of consists of the documents specifically online at many Federal Depository commencement to manufacture a new referenced in this action, any public Libraries.
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D. How Should I Handle CBI That I 3. Provide copies of any technical covers the period from September 17, Want to Submit to the Agency? information and/or data you used that 2001 to October 24, 2001, consists of the support your views. PMNs and TMEs, both pending or Do not submit any information 4. If you estimate potential burden or expired, and the notices of electronically that you consider to be costs, explain how you arrived at the commencement to manufacture a new CBI. You may claim information that estimate that you provide. chemical that the Agency has received you submit to EPA in response to this 5. Provide specific examples to under TSCA section 5 during this time document as CBI by marking any part or illustrate your concerns. period. all of that information as CBI. 6. Offer alternative ways to improve Information so marked will not be the notice or collection activity. III. Receipt and Status Report for PMNs disclosed except in accordance with 7. Make sure to submit your and TMEs procedures set forth in 40 CFR part 2. comments by the deadline in this This status report identifies the PMNs In addition to one complete version of document. and TMEs, both pending or expired, and 8. To ensure proper receipt by EPA, the comment that includes any the notices of commencement to be sure to identify the docket control information claimed as CBI, a copy of manufacture a new chemical that the number assigned to this action in the the comment that does not contain the Agency has received under TSCA subject line on the first page of your information claimed as CBI must be section 5 during this time period. If you response. You may also provide the submitted for inclusion in the public are interested in information that is not version of the official record. name, date, and Federal Register citation. included in the following tables, you Information not marked confidential may contact EPA as described in Unit II. will be included in the public version II. Why Is EPA Taking This Action? to access additional non-CBI of the official record without prior Section 5 of TSCA requires any information that may be available. The notice. If you have any questions about ‘‘S’’ and ‘‘G’’ that precede the chemical CBI or the procedures for claiming CBI, person who intends to manufacture (defined by statute to include import) a names denote whether the chemical please consult the person listed under idenity is specific or generic. FOR FURTHER INFORMATION CONTACT. new chemical (i.e., a chemical not on the TSCA Inventory to notify EPA and In table I, EPA provides the following E. What Should I Consider as I Prepare comply with the statutory provisions information (to the extent that such My Comments for EPA? pertaining to the manufacture of new information is not claimed as CBI) on Chemicals. Under sections 5(d)(2) and the PMNs received by EPA during this You may find the following 5(d)(3) of TSCA, EPA is required to period: the EPA case number assigned suggestions helpful for preparing your publish a notice of receipt of a PMN or to the PMN; the date the PMN was comments: an application for a TME and to publish received by EPA; the projected end date 1. Explain your views as clearly as periodic status reports on the Chemicals for EPA’s review of the PMN; the possible. under review and the receipt of notices submitting manufacturer; the potential 2. Describe any assumptions that you of commencement to manufacture those uses identified by the manufacturer in used. Chemicals. This status report, which the PMN; and the chemical identity.
I. 102 PREMANUFACTURE NOTICES RECEIVED FROM: 09/17/01 TO 10/24/01
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P–01–0921 09/17/01 12/16/01 Arch Chemicals, Inc. (S) Component in a photoresist for- (G) Derivatized ethoxylated poly- mulation to be use in the manufac- styrene resin ture of semiconductor and related devices P–01–0922 09/17/01 12/16/01 Xerox Corporation (G) Open, non-dispersive use as a (G) Copper phthalocyanine constituent in solid, crayon like inks for computer printers P–01–0923 09/17/01 12/16/01 CBI (G) Ingredients for use in consumer (G) Cycloalkyl acetate products: highly dispersive use P–01–0924 09/17/01 12/16/01 CBI (G) Ingredients for use in consumer (G) Carbo cyclic oxime products: highly dispersive use P–01–0925 09/17/01 12/16/01 CBI (G) Sealant (G) Substituted methoxysilane P–01–0926 09/17/01 12/16/01 CBI (G) Sealant (G) Acrylic polymer P–01–0927 09/18/01 12/17/01 CBI (G) An open, non-dispersive use (G) Polycarbonate and polyester-type polyurethane P–01–0928 09/18/01 12/17/01 CBI (G) Catalyst (G) Alkoxysilane P–01–0929 09/19/01 12/18/01 BASF Corporation (S) Protective colloid (S) 1,3-benzenedicarboxylic acid, 5- sulfo-, monosodium salt, polymer with 1,3-benzenedicarboxylic acid, 1,4-benzenedicarboxylic acid, 1,2- ethanediol, 2,2′-[1,2- ethanediylbis(oxy)]bis[ethanol] and 2,2′-oxybis[ethanol] P–01–0930 09/18/01 12/17/01 International Flavors (S) Raw material for use in fra- (S) 3-hexene, 1-[(2-methyl-2-pro- and Fragrances, Inc. grances for soaps, detergents, penyl)oxy]-, (3z)- cleaners and other household prod- ucts
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I. 102 PREMANUFACTURE NOTICES RECEIVED FROM: 09/17/01 TO 10/24/01—Continued
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P–01–0931 09/21/01 12/20/01 The Goodyear Tire (S) Polymerization catalyst (G) Neodymium ziegler-natta catalyst and Rubber Com- pany P–01–0932 09/24/01 12/23/01 CBI (S) Coatings; additives (G) Aliphatic epoxide P–01–0933 09/24/01 12/23/01 CBI (G) Open, non-dispersive use (G) Aromatic alkanoate P–01–0934 09/24/01 12/23/01 CBI (G) This product will be used to man- (G) Polymeric polyol ufacture flexible polyurethane foam P–01–0936 09/26/01 12/25/01 Crompton Corporation (G) Catalyst (S) Zirconium, dichloro[rel-(7ar,7′ar)- 1,2-ethanediylbis[(1,2,3,3a,7a-.eta.)- 4,5,6,7-tetrahydro-1h-inden-1- ylidene]]- P–01–0937 09/21/01 12/20/01 The Procter and Gam- (S) Industrial lubricant for metal fin- (S) Fatty acids, C16–18 and C18- ble Company ishing unsatd., esters with sucrose P–01–0938 09/21/01 12/20/01 The Procter and Gam- (S) Industrial lubricant for metal fin- (S) Fatty acids, C18 and C18-unsatd., ble Company ishing esters with sucrose P–01–0939 09/21/01 12/20/01 The Procter and Gam- (S) Industrial lubricant for metal fin- (G) Methyl esters of long-chain fatty ble Company ishing acids and sucrose P–01–0940 09/21/01 12/20/01 The Procter and Gam- (S) Industrial lubricant for metal fin- (S) alpha-d-glucopyranoside, beta-d- ble Company ishing fructofuranosyl, docosanoate P–01–0941 09/21/01 12/20/01 The Procter and Gam- (S) Industrial lubricant for metal fin- (S) alpha-d-glucopyranoside, beta-d- ble Company ishing fructofuranosyl, hexadecanoate P–01–0942 09/21/01 12/20/01 The Procter and Gam- (S) Industrial lubricant for metal fin- (S) alpha-d-glucopyranoside, beta-d- ble Company ishing fructofuranosyl, (9z)-9- octadecenoate P–01–0943 09/26/01 12/25/01 CBI (G) Coating application (G) Methylsiloxane polymer P–01–0944 09/26/01 12/25/01 CIBA Specialty Chemi- (S) Pigment for use in plastics (G) Benzenesulfonic acid derivative, cals Corporation salt P–01–0945 09/26/01 12/25/01 CBI (G) Acrylic polymer for use in a coat- (G) Copolymer of alkyl acrylates and ing application alkyl methacrylates P–01–0946 09/27/01 12/26/01 CBI (G) Destructive use as a chemical in- (G) Alkoxylated fatty amine termediate P–01–0947 09/25/01 12/24/01 CBI (G) Open, non-dispersive (resin) (G) Meko blocked aromatic polyisocyanate based on tdi P–01–0948 09/28/01 12/27/01 CBI (G) Conductive agent (G) Spiro arylamine derivative P–02–0001 10/01/01 12/30/01 CBI (G) Coating material (G) Acrylic polymer on the basis of methyl methacrylate and n-butyl methacrylate P–02–0002 10/01/01 12/30/01 CBI (G) Colorant for printing inks (G) Polyimide terminated, polyester/ polyamide graft to styrene/ acrylic polymer P–02–0003 10/02/01 12/31/01 CBI (G) Contained use in sealed electrical (G) Tetraalkylammonium salt components P–02–0004 10/02/01 12/31/01 CBI (G) Open, non-dispersive use in a (G) Aqueous polyurethane dispersion coating application P–02–0005 10/02/01 12/31/01 CBI (G) Open, non-dispersive use in a (G) Aqueous polyurethane dispersion coating application P–02–0006 10/02/01 12/31/01 CBI (G) Contained use in sealed electrical (G) Tetraalkylammonium salt components P–02–0007 10/02/01 12/31/01 CBI (G) Destructive use as chemical inter- (G) Maleic acid monoester mediate P–02–0008 10/04/01 01/02/02 CBI (G) Destructive use as chemical inter- (G) Maleic acid monoester mediate P–02–0009 10/02/01 12/31/01 Dow Corning Corpora- (S) Lubricant for fibers (S) Silsesquioxanes, 2(or 3)- tion methylbutyl, hydroxy-terminated P–02–0010 10/01/01 12/30/01 CBI (G) Flocculant (G) N-substituted-2-methyl-2- propenamide, polymer with 2-pro- penoic acid, sodium salt P–02–0011 10/01/01 12/30/01 CBI (G) Flocculant (G) N-substituted-2-methyl-2- propenamide, polymer with 2-meth- yl-2-propenoic acid and 2-propenoic acid, sodium salt P–02–0012 10/01/01 12/30/01 CBI (G) Flocculant (G) N-substituted-2-methyl-2- propenamide, polymer with 2- propenamide and 2-propenoic acid, sodium salt P–02–0013 10/01/01 12/30/01 CBI (G) Flocculant (G) N-substituted-2-methyl-2- propenamide, polymer with 2-meth- yl-2-propenoic acid, 2-propenamide and 2-propenoic acid, sodium salt
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I. 102 PREMANUFACTURE NOTICES RECEIVED FROM: 09/17/01 TO 10/24/01—Continued
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P–02–0014 10/04/01 01/02/02 CBI (G) Pigment dispersant (G) Maleated fatty acid P–02–0015 10/04/01 01/02/02 CBI (G) Additive for paint (G) Aliphatic benzoate ester P–02–0016 10/04/01 01/02/02 3M Company (G) Protective coating (G) Fluorochemical urethane P–02–0017 10/05/01 01/03/02 CBI (G) Colour transfer printing (G) Azo oil soluble dye P–02–0018 10/05/01 01/03/02 The Dow chemical (G) Paint additive (G) Polyalkoxylated alkyl carbamate Company P–02–0019 10/05/01 01/03/02 The Dow chemical (G) Paint additive (G) Polyalkoxylated alkyl carbamate Company P–02–0020 10/05/01 01/03/02 CBI (G) Ester wax (G) Ester wax P–02–0021 10/09/01 01/07/02 CBI (G) Dispersive use: oilfield perform- (G) Modified polyamide ance chemical. P–02–0022 10/09/01 01/07/02 CBI (G) Dispersive use: oilfield perform- (G) Modified fatty amide ance chemical. P–02–0023 10/09/01 01/07/02 CBI (G) Dispersive use: oilfield perform- (G) Modified polyamide ance chemical. P–02–0024 10/09/01 01/07/02 CBI (G) Dispersive use: oilfield perform- (G) Modified fatty amide ance chemical. P–02–0025 10/09/01 01/07/02 Chemetall chemical (G) Aluminum welding, destructive (S) Aluminum cesium fluoride products, Inc. use P–02–0026 10/05/01 01/03/02 CBI (S) Specialty grease thickener (G) Mixed aliphatic substituted bis-p- phenylene diurea P–02–0027 10/09/01 01/07/02 Solutia Inc. (S) Defoamer for water based indus- (G) Modified fatty acid ester trial coatings P–02–0028 10/09/01 01/07/02 CBI (S) Inherently conducting polymer in (S) Lignosulfonic acid, ethoxylated, corrosion control coatings compounds with polyaniline, hydrochlorides P–02–0029 10/09/01 01/07/02 CBI (S) Inherently conducting polymer in (S) Lignosulfonic acid, ethoxylated, corrosion control coatings compounds with polyaniline, p- toluenesulfonates P–02–0030 10/09/01 01/07/02 BASF Corporation (S) Processing aid for leather tanning (G) Counter ion of vegetable oil, oxidized and sulfited P–02–0031 10/05/01 01/03/02 Quest International (S) Fragrance ingredient (S) Cyclohexan-1-ol, 1-methyl-3-(2- Fragrances Co. methylpropyl)- P–02–0032 10/10/01 01/08/02 CIBA Specialty Chemi- (S) Photoacid generator for resists in (G) Aromatic thiophene derivative cals Corporation semiconductor and display mfg. P–02–0033 10/10/01 01/08/02 CBI (G) Dispersant for inorganic materials (G) Sodium salt of methacrylic acid, methylacrylate copolymer P–02–0034 10/11/01 01/09/02 CBI (S) Phenolic resin used as a raw ma- (G) Phenolic resin terial for photoresist P–02–0035 10/12/01 01/10/02 Burlington Chemical (S) Fabric softener (S) Ethanaminium, n-ethyl-2-hydroxy- Company, Inc. n,n-bis(2-hydroxyethyl)-, mono- and diesters with branched and linear C16–18 and C18-unsatd, fatty acids, et sulfates (salts) P–02–0036 10/12/01 01/10/02 Burlington Chemical (S) Component of automotive spray (S) Imidazolium compounds, 2-(C15–17 Company, Inc. wax and C17-unsatd. branched and lin- ear alkyl)-1-ethyl-4,5-dihydro-3-(hy- droxyethyl), et sulfates (salts) P–02–0037 10/12/01 01/10/02 Burlington Chemical (S) fabric softener; component of (S) Imidazolium compounds, 2-(C15–17 Company, Inc. automotive spray wax and C17-unsatd. branched and lin- ear alkyl)-1-[2-(C16–18, and C18- unsatd. branched and linear amido)ethyl]-3-ethyl-4,5-dihydro, et sulfates P–02–0038 10/11/01 01/09/02 CBI (G) Polymer for waterborne paints (G) Modified acrylic emulsion P–02–0039 10/11/01 01/09/02 CBI (G) Polymer for waterborne paints (G) Modified acrylic emulsion P–02–0040 10/12/01 01/10/02 CBI (G) Open non-dispersive (thermo- (G) Modified polycarbonate plastic material) P–02–0041 10/12/01 01/10/02 Solutia Inc. (S) Binding agent for waterborne (G) Modified acrylic copolymer coatings P–02–0042 10/12/01 01/10/02 CBI (G) Acrylate resin for the coating, ad- (G) Hexanedioc acid, polymer with hesive and sealant industry 1,1′-methylenebis[4- isocyanatocyclohexane] and a difunctional alcohol, 2-hydroxyethyl acrylate-blocked P–02–0043 10/12/01 01/10/02 BASF Corporation (S) Processing aid for leather tanning (G) Metal salt of an aliphatic acid P–02–0044 10/12/01 01/10/02 CIBA Specialty Chemi- (S) Photoreactive dye for recordable (G) Copper phthalocyanine derivative cals Corporation compact discs(cd-r)
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I. 102 PREMANUFACTURE NOTICES RECEIVED FROM: 09/17/01 TO 10/24/01—Continued
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P–02–0045 10/12/01 01/10/02 CBI (G) Antistatic agent; surfactant rinse (G) Esterquat aid; flotation reagent; surfactant rinse aid P–02–0046 10/12/01 01/10/02 CBI (G) Antistatic agent; surfactant rinse (G) Esterquat aid; flotation reagent; surfactant rinse aid P–02–0047 10/12/01 01/10/02 CBI (G) Antistatic agent surfactant rinse (G) Esterquat aid; flotation reagent; surfactant rinse aid P–02–0048 10/12/01 01/10/02 CBI (G) Antistatic agent surfactant rinse (G) Esterquat aid; flotation reagent; surfactant rinse aid P–02–0049 10/15/01 01/13/02 CBI (G) Gellant (G) Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with fatty amines, ethylenediamine and 2- methyl-1,5-pentanediamine P–02–0050 10/15/01 01/13/02 CBI (G) Gellant (G) Fatty acids, C18-unsatd., dimers, polymers with fatty amines, ethyl- enediamine and 2-methyl-1,5- pentanediamine P–02–0051 10/15/01 01/13/02 CBI (G) Gellant (G) Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with ethyl- enediamine, neopentyl glycol and fatty alcohol P–02–0052 10/15/01 01/13/02 CBI (G) Gellant (G) Fatty acids, C18-unsatd., dimers, polymers with ethylenediamine, neopentyl glycol and fatty alcohol P–02–0053 10/15/01 01/13/02 Solutia Inc. (S) Wetting agent for waterborne (G) Neutralized acrylic copolymer coatings P–02–0054 10/15/01 01/13/02 CBI (G) Open, non-dispersive (resin) (G) Aliphatic thermoplastic poly- urethane P–02–0055 10/15/01 01/13/02 CBI (S) Aqueous dispersion of poly- (G) Dioic acid, polymer with (sub- urethane for leather finishing stituted)diol, hydrazine, hydroxypoly[(substituted)diyl], (sub- stituted)propanoic acid and [(sub- stituted)cyclohexane], compound with (substituted)amine P–02–0056 10/16/01 01/14/02 Solutia Inc. (S) Dispersing agent for industrial (G) Modified phosphoric acid group coatings ester P–02–0057 10/16/01 01/14/02 Solutia Inc. (S) Binder for industrial paints (G) Polycarboxylic resin P–02–0060 10/17/01 01/15/02 Dow corning Corpora- (S) Adhesion promoter (S) Poly[oxy(methyl-1,2-ethanediyl)], tion alpha-hydro-w-(2-propenyloxy)-, ether with bis[ethyl 3-(oxo- k0)butanoato-k0′]bis(1,2- propanediolato-k0)titanium (2:1) P–02–0061 10/17/01 01/15/02 Jeneil Biosurfactant (G) Agriculture chemical additive, ad- (S) Decanoic acid, 3-[[6-deoxy-2-o-(6- Company ditive for soil remediation, additive deoxy-.alpha.-l-mannopyranosyl)- for waste water treatment, additive .alpha.-l-mannaopyranosyl]oxy]-, 1- for petroleum tank cleaning and hy- (carboxymethyl)octyl ester, mixture drocarbon slugde remediation, ad- with 1-(carboxymethyl)octyl 3-[(6- ditive for cleaning formulations. deoxy-.alpha.-l- mannopyranousyl)oxy]decanoate P–02–0062 10/18/01 01/16/02 CBI (G) Reactive hot melt adhesive (G) Reactive hot melt P–02–0063 10/19/01 01/17/02 Quest International (S) Fragrance ingredient (S) Cyclohexanecarboxylic acid, 1,4- Fragrances Co. dimethyl-, methyl ester (cis and trans); cyclohexanecarboxylic acid, 1,3-dimethyl-, methyl ester (cis and trans) P–02–0064 10/18/01 01/16/02 CBI (G) Open, non-dispersive (resin) (G) Copolymer from acrylic acid and diethylene glycol divinylether with carboxylic acid groups in h-form P–02–0065 10/19/01 01/17/02 CBI (G) Open, non-dispersive (catalyst) (G) Polyether - polycarbonat-carba- mate P–02–0066 10/19/01 01/17/02 Nippon Kayaku Amer- (S) Photosensitive oligomer for solder (S) Formaldehyde, polymer with ica, Inc. mask (chloromethyl)oxirane and phenol, hydrogen 4-cyclohexene-1,2- dicarboxylate 2-propenoate
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I. 102 PREMANUFACTURE NOTICES RECEIVED FROM: 09/17/01 TO 10/24/01—Continued
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
P–02–0067 10/19/01 01/17/02 Nippon Kayaku Amer- (S) Photosensitive oligomer for solder (S) Formaldehyde, polymer with ica, Inc. mask (chloromethyl)oxirane and 2-methyl- phenol, hydrogen 4-cyclohexene- 1,2-dicarboxylate 2-propenoate P–02–0068 10/19/01 01/17/02 Dow Corning Corpora- (S) Silicone matting agent (G) Organo silicone elastomer tion P–02–0069 10/24/01 01/22/02 Sasol North America (G) Solubilizer (S) Glycerides, mixed decanoyl and Inc. octanoyl mono-, di- and tri- ,ethoxylated P–02–0070 10/24/01 01/22/02 CBI (G) Alkaline battery component - con- (S) 2-propenoic acid, polymer with so- tained use enclosed in battery con- dium 4-ethenylbenzenesulfonate tainer P–02–0071 10/24/01 01/22/02 CBI (G) Resin for coating (G) Acrylic copolymer P–02–0079 10/22/01 01/20/02 CBI (S) Tackifying resin for adhesive for- (G) Polymer of phenol and substituted mulations benzenes P–02–0080 10/24/01 01/22/02 BASF Corporation (S) Processing aid for leather tanning (G) Diglyceride fatty acid, acetylated P–02–0082 10/22/01 01/20/02 CBI (G) Polymeric binder (G) Strene-methacrylate copolymer P–02–0083 10/22/01 01/20/02 CBI (G) Polymeric binder (G) Strene-methacrylate copolymer P–02–0084 10/22/01 01/20/02 CBI (G) Polymeric binder (G) Strene-methacrylate copolymer P–02–0085 10/22/01 01/20/02 CBI (G) Polymeric binder (G) Strene-methacrylate copolymer
In table II, EPA provides the following information is not claimed as CBI) on information (to the extent that such the TMEs received
II. 3 TEST MARKETING EXEMPTION NOTICES RECEIVED FROM: 09/17/01 TO 10/24/01
Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date
T–02–0001 10/12/01 11/26/01 Westvaco Corporation (S) Binding agent in paper coatings (G) Butyl acrylate, polymer with sty- - chemical division rene and ,ethylamino chloride com- pounds, acetic acid salt T–02–0002 10/12/01 11/26/01 Westvaco Corporation (S) Binding agent in paper coatings (G) Butyl acrylate, polymer with sty- - chemical division rene and ,ethylamino chloride com- pounds, lactic acid salt T–02–0003 10/12/01 11/26/01 Westvaco Corporation (S) Binding agent in paper coatings (G) Butyl acrylate, polymer with sty- - chemical division rene and ,ethylamino chloride com- pounds, nitric acid salt
In table III, EPA provides the on the Notices of Commencement to following information (to the extent that manufacture received: such information is not claimed as CBI)
III. 71 NOTICES OF COMMENCEMENT FROM: 09/17/01 TO 10/24/01
Commencement/ Case No. Received Date Import Date Chemical
P–00–0065 10/15/01 09/17/01 (G) Amines, n-tallow alkylpoly-, hydrochlorides P–00–0066 09/17/01 08/29/01 (G) Amines, n-tallow alkylpoly- P–00–0099 10/11/01 09/12/01 (G) Fatty acid condensate P–00–0115 10/05/01 10/01/01 (S) 8-undecenal, (8z)- P–00–0118 09/24/01 09/18/01 (G) Unsaturated dialkyl acetal P–00–0482 09/20/01 08/24/01 (G) Alkyl methacrylate copolymer P–00–0736 09/27/01 09/04/01 (G) Polyester acrylate P–00–0802 10/16/01 09/14/01 (S) Rosin, polymd., compound with 2-(dimethylamino) ethanol P–00–1228 09/24/01 09/10/01 (G) Substituted benzophenone P–01–0013 09/17/01 09/17/01 (S) Oxacycloheptadec-11-en-2-one P–01–0074 10/03/01 09/15/01 (G) Modified styrene acrylate polymer P–01–0121 10/02/01 08/29/01 (G) Aromatic saturated copolymer P–01–0122 09/26/01 09/14/01 (G) Acetate-substituted bicyclic olefin P–01–0130 10/24/01 10/08/01 (S) Sulfur, trifluoro[2-methoxy-n-(2-methoxyethyl)ethanaminato-kn]-, (t-4)- P–01–0161 09/17/01 08/24/01 (G) Aliphatic capped polyester P–01–0232 09/27/01 09/18/01 (G) Perfluoroalkyl derivative
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III. 71 NOTICES OF COMMENCEMENT FROM: 09/17/01 TO 10/24/01—Continued
Commencement/ Case No. Received Date Import Date Chemical
P–01–0282 09/26/01 09/12/01 (G) Urethane acrylate P–01–0313 10/01/01 09/13/01 (G) Alkanoic acid diester P–01–0315 10/09/01 09/09/01 (G) Urethane acrylate dispersion P–01–0391 10/09/01 09/27/01 (G) Modified phenolic resin P–01–0399 09/26/01 09/24/01 (G) Polyacrylate, salt with polyalkylene glycolbutylether, phosphate P–01–0411 10/09/01 09/23/01 (G) Acrylic copolymer P–01–0412 09/21/01 09/19/01 (G) Acrylic copolymer P–01–0414 09/21/01 09/17/01 (G) Acrylic copolymer P–01–0416 09/21/01 09/18/01 (G) Acrylic copolymer P–01–0441 10/09/01 09/17/01 (G) Modified phenolic resin P–01–0444 09/21/01 08/23/01 (G) Hydroxy functional polyester resin P–01–0445 10/15/01 09/26/01 (G) Aminomodified silicone-polyether copolymer P–01–0451 09/25/01 08/21/01 (G) Fatty acid modified polyester P–01–0476 10/09/01 09/17/01 (G) O-macroalkyl hydroxylamine P–01–0482 10/09/01 09/09/01 (G) Modified polyurethane resin P–01–0496 09/17/01 09/05/01 (G) Acrylate ester P–01–0503 10/12/01 10/10/01 (G) Bis substituted amino benzenesulfonic acid, amine salt P–01–0530 09/19/01 08/24/01 (G) Alkoxylated alcohol P–01–0553 10/02/01 08/29/01 (G) Aromatic/aliphatic copolyester P–01–0554 10/02/01 08/29/01 (G) Copolyester P–01–0561 09/21/01 09/06/01 (G) Modified phenolic resin P–01–0562 09/17/01 08/29/01 (G) Water redispersible cationic acrylic copolymer P–01–0566 09/18/01 08/13/01 (G) Modified polyurethane resin P–01–0572 10/01/01 09/08/01 (S) Fatty acids, C18-unsatd., dimers, di-me esters, hydrogenated, polymers with 1,1′-methylenebis[4-isocyanatobenzene], polypropylene glycol and trimethylolpropane P–01–0576 10/16/01 10/03/01 (G) Aromatic benzaldehyde polymer P–01–0587 10/01/01 08/29/01 (S) Glycerides, tall-oil mono-, di-, and tri- P–01–0588 10/15/01 10/03/01 (G) Rosin, maleated, metal oxide salts. P–01–0597 09/24/01 09/10/01 (G) Acrylate and urethane modified polyester resin P–01–0604 10/15/01 10/05/01 (G) Diketo pyrrolo pyrrol isomers P–01–0615 09/25/01 09/12/01 (G) Acrylic polymer P–01–0617 10/09/01 09/28/01 (S) Hexadecene, polymer with pentadecene, hydrogenated* P–01–0618 10/09/01 09/28/01 (S) Tetradecene, homopolymer, hydrogenated* P–01–0635 09/17/01 09/07/01 (G) Polyurethane resin P–01–0638 10/16/01 10/04/01 (G) (monosubstituted naphthalene azo)tri substituted naphthalene sulfonic acid, salt P–01–0645 10/03/01 09/15/01 (G) Isoprene based polymer P–01–0647 09/27/01 09/25/01 (G) Substituted arylcarboxamide P–01–0651 10/09/01 09/23/01 (G) Polyester acrylate P–01–0652 10/10/01 09/22/01 (G) Plant extract P–01–0660 09/26/01 09/20/01 (G) Alkylated aromatic P–01–0665 10/17/01 10/01/01 (G) Benzenesulfonic acid, 2,2′-(1,2-ethenediyl)bis[5-[[4-substituted-6-substituted- 1,3,5-triazin-2-yl]amino-, sodium salt, compound with (substituted)oxirane polymer with sorbitol, (substituted)amine and (substituted)triol formate (salt) P–01–0671 10/10/01 09/28/01 (G) Polyalkoxylated aromatic chromophore P–01–0673 10/15/01 10/05/01 (G) Polyalkoxylated intermediate P–01–0675 10/10/01 09/20/01 (G) Polyalkoxylated aromatic chromophore P–01–0679 10/04/01 09/21/01 (G) Polyalkoxylated intermediate P–01–0681 10/12/01 09/24/01 (G) Polyalkoxylated intermediate P–01–0699 10/15/01 10/01/01 (G) Alkene adduct, calcium phenate, sulfurized P–94–0943 09/28/01 09/21/01 (G) Alkyl - aminophenol P–97–0492 10/09/01 09/26/01 (G) Acrylic polymer P–97–0579 09/21/01 09/06/01 (S) Benzene, 1,2-bis(phenoxymethyl) P–97–0736 10/02/01 09/25/01 (G) Fatty acids, C18-unsatd., dimers, polymers with ethylenediamine and a fatty alcohol. P–98–0494 10/09/01 09/28/01 (G) Polyurethane polymer P–98–1257 09/19/01 09/13/01 (G) Blocked aromatic isocyanate P–99–0214 09/18/01 09/07/01 (G) Hydrofluorocarbon (hfc) P–99–0444 09/18/01 07/27/01 (G) Urethane modified alcohol P–99–0957 10/02/01 09/17/01 (G) Chromophore substituted polyoxyalkylene
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List of Subjects MAP notes that the Commission copies should also be sent to the Environmental protection, Chemicals, adopted rules in the Low Power FM Technical and Public Safety Division, Premanufacturer notices. proceeding that recognized the 445 12th Street, SW., Suite 7–C802, budgetary constraints under which low Washington, DC, 20554. Comments may Dated: November 28, 2001. power FM stations would operate and also be filed using the Commission’s Deborah A. Williams, permitted low power FM station to Electronic Comment Filing System Acting Director, Information Management install a FCC certified EAS decoder in (ECFS). Comments filed through the Division, Office of Pollution Prevention and lieu of an EAS encoder/decoder. MAP Toxics. ECFS can be sent as an electronic file states that when the Commission via the Internet to http://www.fcc.gov/e- [FR Doc. 01–30370 Filed 12–6–01; 8:45 m] adopted this requirement it recognized file/ecfs.html. Generally, only one copy BILLING CODE 6560–50–S that FCC certified EAS decoders were of an electronic submission must be not available, but expected certified decoders to become available at a cost filed. In completing the transmittal similar to non-certified decoders. MAP screen, electronic filers should include FEDERAL COMMUNICATIONS their full name, Postal Service mailing COMMISSION states that there are no certified EAS decoders available and that it does not address, and the applicable docket or rulemaking number. Parties may also [EB 01–66; DA 01–2775] believe that they will become available at a reasonable price. In this regard, submit an electronic comment by Emergency Alert Systems MAP indicates that the cost of a Internet e-mail. To receive filing certified decoder would likely be at or instructions for e-mail comments, AGENCY: Federal Communications near the cost of a certified EAS encoder/ commenters should send an e-mail to Commission. decoder. MAP requests that the FCC [email protected], and should include the ACTION: Notice. consider alternatives to the EAS following words in the body of the requirement for Low Power FM stations, message, ‘‘get form
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FEDERAL COMMUNICATIONS Control Act (12 U.S.C. 1817(j)) and proposal also involves the acquisition of COMMISSION § 225.41 of the Board’s Regulation Y (12 a nonbanking company, the review also CFR 225.41) to acquire a bank or bank includes whether the acquisition of the [Report No. 2517] holding company. The factors that are nonbanking company complies with the Petition For Reconsideration and considered in acting on the notices are standards in section 4 of the BHC Act Clarification of Action in Rulemaking set forth in paragraph 7 of the Act (12 (12 U.S.C. 1843). Unless otherwise Proceeding U.S.C. 1817(j)(7)). noted, nonbanking activities will be The notices are available for conducted throughout the United States. November 30, 2001. immediate inspection at the Federal Additional information on all bank Petition for Reconsideration and Reserve Bank indicated. The notices holding companies may be obtained Clarification has been filed in the also will be available for inspection at from the National Information Center Commission’s rulemaking proceeding the office of the Board of Governors. website at www.ffiec.gov/nic/. listed in this Public Notice and Interested persons may express their Unless otherwise noted, comments published pursuant to 47 CFR section views in writing to the Reserve Bank regarding each of these applications 1.429(e). The full text of this document indicated for that notice or to the offices must be received at the Reserve Bank is available for viewing and copying in of the Board of Governors. Comments indicated or the offices of the Board of Room CY–A257, 445 12th Street, SW., must be received not later than Governors not later than December 31, Washington, DC or may be purchased December 21, 2001. 2001. from the Commission’s copy contractor, A. Federal Reserve Bank of Kansas A. Federal Reserve Bank of Chicago Qualex International (202) 863–2893. City (Susan Zubradt, Assistant Vice (Phillip Jackson, Applications Officer) Oppositions to this petition must be President) 925 Grand Avenue, Kansas 230 South LaSalle Street, Chicago, filed by December 24, 2001. See section City, Missouri 64198–0001: Illinois 60690–1414: 1.4(b)(1) of the Commission’s rules (47 1. M. Charles Kellogg, Overland Park, 1. Peoples Bancorp, Rock Valley, CFR 1.4(b)(1)). Replies to an opposition Kansas; individually, and as Trustee of Iowa; to become a bank holding must be filed within 10 days after the the C.H. Goppert Trust; to acquire company by acquiring 100 percent of time for filing oppositions has expired. voting shares of Country Agencies & the voting shares of Peoples Bank, Rock Subject: In the Matter of Inquiry Investments, Inc., Odessa, Missouri, and Valley, Iowa. Regarding Software Defined Radios (ET thereby indirectly acquire voting shares In connection with this application, Docket No. 00–47). of Bank of Odessa, Odessa, Missouri, Applicant also has applied to acquire Number of Petitions Filed: 1. Commercial Bank of Oak Grove, Oak Peoples Financial Inc., Rock Valley, Magalie Roman Salas, Grove, Missouri, and LaMonte Iowa, and thereby engage in insurance Community Bank, LaMonte, Missouri. activities in a place of less than 5,000 in Secretary. population, pursuant to § [FR Doc. 01–30302 Filed 12–6–01; 8:45 am] Board of Governors of the Federal Reserve System, December 3, 2001. 225.28(b)(11)(iii) of Regulation Y. BILLING CODE 6712–01–M Robert deV. Frierson, B. Federal Reserve Bank of Dallas Deputy Secretary of the Board. (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201– [FR Doc. 01–30300 Filed 12–6–01; 8:45 am] FEDERAL HOUSING FINANCE BOARD 2272: BILLING CODE 6210–01–P 1. Texas Regional Bancshares, Inc., Sunshine Act; Meeting McAllen, Texas, and Texas Regional FEDERAL REGISTER CITATION OF PREVIOUS FEDERAL RESERVE SYSTEM Delaware, Inc., Wilmington, Delaware; ANNOUNCEMENT: 66 FR 59595, November to merge with Riverway Holdings, Inc., 29, 2001. Formations of, Acquisitions by, and Houston, Texas, and thereby indirectly PREVIOUSLY ANNOUNCED TIME AND DATE OF Mergers of Bank Holding Companies acquire Riverway Bank, Houston, Texas. THE MEETING: 10 a.m., Wednesday, Board of Governors of the Federal Reserve The companies listed in this notice System, December 3, 2001. December 5, 2001. have applied to the Board for approval, Robert deV. Frierson, CHANGE OF MEETING DATE: Notice is pursuant to the Bank Holding Company hereby given that the Board of Directors Act of 1956 (12 U.S.C. 1841 et seq.) Deputy Secretary of the Board. meeting scheduled for December 5, 2001 (BHC Act), Regulation Y (12 CFR Part [FR Doc. 01–30301 Filed 12–6–01; 8:45 am] has been changed to Tuesday, December 225), and all other applicable statutes BILLING CODE 6210–01–S 11, 2001 at 3 p.m. and regulations to become a bank CONTACT PERSON FOR MORE INFORMATION: holding company and/or to acquire the Elaine L. Baker, Secretary to the Board, assets or the ownership of, control of, or FEDERAL TRADE COMMISSION (202) 408–2837. the power to vote shares of a bank or Charges for Certain Disclosures J. Timothy O’Neill, bank holding company and all of the Chairman. banks and nonbanking companies AGENCY: Federal Trade Commission. owned by the bank holding company, [FR Doc. 01–30429 Filed 12–5–01; 10:50 am] ACTION: Notice regarding charges for including the companies listed below. certain disclosures. BILLING CODE 6725–01–M The applications listed below, as well as other related filings required by the SUMMARY: The Federal Trade Board, are available for immediate Commission announces that the ceiling FEDERAL RESERVE SYSTEM inspection at the Federal Reserve Bank on allowable charges under Section indicated. The application also will be 612(a) of the Fair Credit Reporting Act Change in Bank Control Notices; available for inspection at the offices of (‘‘FCRA’’) will increase from $8.50 to Acquisition of Shares of Bank or Bank Holding Companies the Board of Governors. Interested $9.00 on January 1, 2002. Under 1996 persons may express their views in amendments to the FCRA, the Federal The notificants listed below have writing on the standards enumerated in Trade Commission is required to applied under the Change in Bank the BHC Act (12 U.S.C. 1842(c)). If the increase the $8.00 amount referred to in
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paragraph (1)(A)(i) of Section 612(a) on the $8.00 base figure would lead to a SUPPLEMENTARY INFORMATION: The January 1 of each year, based new figure of $8.85. However, because FFMIA of 1996 mandated that agencies proportionally on changes in the the statute directs that the resulting implement and maintain systems that Consumer Price Index (‘‘CPI’’), with figure be rounded to the nearest $0.50, comply substantially with FFMSR, fractional changes rounded to the the allowable charge should be $9.00. applicable Federal accounting nearest fifty cents. The CPI increased The Commission therefore determines standards, and the U.S. Government 10.16 percent between September 1997, that the allowable charge for the year Standard General Ledger at the the date the FCRA amendments took 2002 will be $9.00 transaction level. The FFMIA statute effect, and September 2001. This By direction of the Commission. codified the JFMIP financial system increase in the CPI and the requirement Donald S. Clark, requirements documents as a key that any increase be rounded to the Secretary. benchmark that agency systems must nearest fifty cents results in an increase [FR Doc. 01–30355 Filed 12–6–01; 8:45 am] meet to substantially comply with in the current maximum allowable systems requirements provisions under BILLING CODE 6750–01–M charge to $9.00 effective January 1, FFMIA. To support the provisions 2002. outlined in the FFMIA, the JFMIP is updating obsolete requirements EFFECTIVE DATE: January 1, 2002. GENERAL ACCOUNTING OFFICE ADDRESSES: Federal Trade Commission, documents and publishing additional Washington, DC 20580. [Document No. JFMIP–SR–01–03] requirements documents. Comments received will be reviewed and the FOR FURTHER INFORMATION CONTACT: Joint Financial Management Keith B. Anderson, Bureau of exposure draft will be revised as Improvement Program (JFMIP)— necessary. Publication of the financial Economics, Federal Trade Commission, Federal Financial Management System Washington, DC 20580, 202–326–3428. document will be mailed to agency Requirements (FFMSR) financial officials, procurement SUPPLEMENTARY INFORMATION: Section executives, chief information officers, 612(a)(1)(A) of the Fair Credit Reporting AGENCY: Joint Financial Management and others, and will be available on the Act, as amended in 1996, states that, Improvement Program (JFMIP). JFMIP website. An open house is where a consumer reporting agency is ACTION: Notice of document availability. scheduled for Thursday, December 13, permitted to impose a reasonable charge SUMMARY: The JFMIP is seeking public 2001, from 9:30 a.m. to noon in the on a consumer for making a disclosure comment on an exposure draft entitled to the consumer pursuant to Section General Services Administration (GSA) ‘‘Acquisition/Financial Systems 609, the charge shall not exceed $8 and Auditorium in the main GSA Building, Interface Requirements,’’ dated shall be indicated to the consumer located at 18th and F Streets NW, to November 2001. The draft is the first before making the disclosure. Section provide additional information on the Federal Financial Management System 612(a)(2) goes on to state that the Exposure Draft. The name, organization, Requirements (FFMSR) document to Federal Trade Commission (‘‘the telephone number, and e-mail address address standard financial requirements Commission’’) shall increase the $8.00 for attendees should be e-mailed to for Federal acquisition/financial maximum amount on January 1 of each [email protected] or faxed to systems. The document is intended to year, based proportionally on changes in 202–219–0549. assist agencies when developing, the Consumer Price Index, with improving or evaluating benefit systems. Karen Cleary Alderman, fractional changes rounded to the It provides the baseline functionality Executive Director, Joint Financial nearest fifty cents. The allowable charge that agency systems must have to Management Improvement Program. was increased from $8.00 to $8.50 on support agency missions and comply [FR Doc. 01–30308 Filed 12–6–01; 8:45 am] January 1, 2000. (See 64 FR 69769 with laws and regulations. When issued BILLING CODE 1610–02–M (December 14, 1999).) The Commission considers the $8 in final, the document will augment the amount referred to in paragraph (1)(A)(i) existing body of FFMSR that define DEPARTMENT OF HEALTH AND of Section 612(a) to be the baseline for financial system functional HUMAN SERVICES the effective ceiling on reasonable requirements which are used in evaluating compliance with the Federal charges dating from the effective date of Food and Drug Administration the amended FCRA, i.e., September 30, Financial Management Improvement 1997. Each year the Commission Act (FFMIA) of 1996. [Docket No. 01D–0519] calculates the proportional increase in DATES: Comments are due by February Medical Devices: Draft Guidance on the Consumer Price Index (using the 28, 2002. Cardiac Ablation Catheters Generic most general CPI, which is for all urban ADDRESSES: Copies of the exposure draft Arrhythmia Indications for Use; consumers, all items) from September have been mailed to senior financial Availability 1997 to September of the current year. officials, chief information officers, and The Commission then determines what procurement executives, together with a AGENCY: Food and Drug Administration, modification, if any, from the original transmittal memo listing items of HHS. interest for which JFMIP is soliciting base of $8 should be made effective on ACTION: Notice. January 1 of the subsequent year, given feedback. The Exposure Draft, the requirement that fractional changes transmittal memo, and comment SUMMARY: The Food and Drug be rounded to the nearest fifty cents. response matrix are available on the Administration (FDA) is announcing the Between September 1997 and JFMIP Web site: www.jfmip.gov availability of the draft guidance September 2001, the Consumer Price Responses should be addressed to entitled ‘‘Cardiac Ablation Catheters Index for all urban consumers and all JFMIP, 1990 K Street, NW., Suite 430, Generic Arrhythmia Indications for items increased by 10.61 percent—from Washington, DC 20006. Use.’’ This draft guidance document an index value of 161.2 in September FOR FURTHER INFORMATION: Dennis encourages manufacturers of approved 1997 to a value of 178.3 in September Mitchell, (202) 219–0529 or conventional cardiac ablation catheters 2001. An increase of 10.61 percent in [email protected]. to submit supplements to broaden their
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labeling from arrhythmia-specific create or confer any rights for or on any Dated: November 28, 2001. indications to a generic arrhythmic person and does not operate to bind Linda S. Kahan, treatment indication. The Center for FDA or the public. An alternative Deputy Director, Center for Devices and Devices and Radiological Health (CDRH) approach may be used if such approach Radiological Health. is issuing this draft guidance document satisfies the applicable statute and [FR Doc. 01–30330 Filed 12–6–01; 8:45 am] to allow companies to label these regulations. BILLING CODE 4160–01–S products for a broader indication This guidance is being issued without submitting additional clinical consistent with FDA’s good guidance information. This recommendation is practices regulation (21 CFR 10.115). DEPARTMENT OF HOUSING AND based on a comprehensive search of the This draft guidance document is issued URBAN DEVELOPMENT medical literature. This draft guidance as a level 1 guidance in accordance with [Docket No. FR–4630–C–35] is neither final nor is it in effect at this the GGP regulations. time. Announcement of Funding Awards; DATES: Submit written or electronic III. Electronic Access comments concerning this draft Indian Housing DrugElimination guidance by March 7, 2002. In order to receive ‘‘Cardiac Ablation Program; Fiscal Year 2001; Correction Catheters Generic Arrhythmia ADDRESSES: Submit written requests for AGENCY: Office of Native American ″ Indications for Use’’ via your fax single copies on a 3.5 diskette of the machine, call the CDRH Facts-On- Programs, HUD. draft guidance document entitled Demand system at 800–899–0381 or ACTION: Announcement of funding ‘‘Cardiac Ablation Catheters Generic 301–827–0111 from a touch-tone awards for fiscal year 2001; Correction. Arrhythmia Indications for Use’’ to the telephone. Press 1 to enter the system. Division of Small Manufacturers, At the second voice prompt press 1 to SUMMARY: On October 19, 2001 (66 FR International and Consumer Assistance order a document. Enter the document 53242), the Department published a (HFZ–220), Center for Devices and number 1382 followed by the pound notice that announced the funding Radiological Health, Food and Drug sign (#). Follow the remaining voice awards for Fiscal Year (FY) 2001 Administration, 1350 Piccard Dr., prompts to complete your request. funding for its Indian Housing Drug Rockville, MD 20850. Send two self- Elimination Program. This document addressed adhesive labels to assist that Persons interested in obtaining a copy makes a correction to the list of funded office in processing your request, or fax of the draft guidance may also do so applicants. using the Internet. CDRH maintains an your request to 301–443–8818. Submit FOR FURTHER INFORMATION CONTACT: entry on the Internet for easy access to written comments concerning this draft Please contact the office or individual information including text, graphics, guidance to the Dockets Management identified in the notice published in the and files that may be downloaded to a Branch (HFA–305), Food and Drug Federal Register on October 19, 2001 for personal computer with Internet access. Administration, 5630 Fishers Lane, rm. further information. 1061, Rockville, MD 20852. Submit Updated on a regular basis, the CDRH SUPPLEMENTARY INFORMATION: On electronic comments to http:// home page includes the civil money penalty guidance documents package, October 19, 2001 (66 FR 53242), the www.fda.gov/dockets/ecomments. See Department published a notice that the SUPPLEMENTARY INFORMATION section device safety alerts, Federal Register reprints, information on premarket announced the funding awards for for information on electronic access to Fiscal Year (FY) 2001 funding for its the guidance. submissions (including lists of approved applications and manufacturers’ Indian Housing Drug Elimination FOR FURTHER INFORMATION CONTACT: addresses), small manufacturers’ Program. In Appendix A, Awarded Donna-Bea Tillman, Center for Devices assistance, information on video Applicants, HUD incorrectly stated that and Radiological Health (HFZ–450), conferencing and electronic the Housing Authority of the Cherokee Food and Drug Administration, 9200 submissions, Mammography Matters, Nation received a grant award. Through Corporate Blvd., Rockville, MD 20850, and other device-oriented information. this document, HUD corrects the 301–443–8517. The CDRH home page may be accessed successful applicant’s name. SUPPLEMENTARY INFORMATION: at http://www.fda.gov/cdrh. Guidance Accordingly, FR Doc. 01–26333, Announcement of Funding Awards for I. Background documents are also available on the Dockets Management Branch Web site at the Indian Housing Drug Elimination The draft guidance document http://www.fda.gov/ohrms/dockets/ Program for Fiscal Year 2001, published recommends that manufacturers of default.htm. in the Federal Register on October 19, approved conventional cardiac 2001 at 66 FR 53242, is corrected as radiofrequency ablation catheters IV. Comments follows: submit a premarket approval • On page 53244, Appendix A.— supplement to obtain a generic Interested persons may submit to the Awarded Applicants FY 2001 Indian indication for creating endocardial Dockets Management Branch (address Housing Drug Elimination Program, is lesions to treat arrhythmias. The draft above) written or electronic comments corrected to delete the Housing guidance document provides evidence on the draft guidance by March 7, 2002. Authority of the Cherokee Nation from from the medical literature to support Two copies of any comments are to be the list of awarded applicants, and to this broadening of indications from submitted, except that individuals may revise the Applicant name to read as arrhythmia-specific indications to a submit one copy. Comments are to be follows: Cherokee Nation. generic arrhythmia treating indication. identified with the docket number found in brackets in the heading of this Dated: December 3, 2001. II. Significance of Guidance document. The draft guidance Michael Liu, The draft guidance document, when document and received comments may Assistant Secretary for Public and Indian finalized, represents the agency’s be seen in the Dockets Management Housing. current thinking on generic indications Branch between 9 a.m. and 4 p.m., [FR Doc. 01–30309 Filed 12–6–01; 8:45 am] for cardiac ablation catheters. It does not Monday through Friday. BILLING CODE 4210–33–P
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DEPARTMENT OF HOUSING AND call the toll-free Title V information line DEPARTMENT OF THE INTERIOR URBAN DEVELOPMENT at 1–800–927–7588. Fish and Wildlife Service [Docket No. FR–4644–N–49] SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 Letters of Authorization To Take Federal Property Suitable as Facilities court order in National Coalition for the Marine Mammals To Assist the Homeless Homeless v. Veterans Administration, AGENCY: Office of the Assistant No. 88–2503–OG (D.D.C.), HUD AGENCY: Fish and Wildlife Service, Secretary for Community Planning and publishes a Notice, on a weekly basis, Interior. Development, HUD. identifying unutilized, underutilized, ACTION: Notice of issuance of Letters of ACTION: Notice. excess and surplus Federal buildings Authorization to take marine mammals and real property that HUD has incidental to oil and gas industry SUMMARY: This notice identifies reviewed for suitability for use to assist activities. unutilized, underutilized, excess, and the homeless. Today’s Notice is for the surplus Federal property reviewed by purpose of announcing that no SUMMARY: In accordance with section HUD for suitability for possible use to additional properties have been 101(a)(5)(A) of the Marine Mammal assist the homeless. determined suitable or unsuitable this Protection Act of 1972, as amended, and EFFECTIVE DATE: December 7, 2001. week. the U.S. Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: implementing regulations (50 CFR Clifford Taffet, Department of Housing Dated: November 30, 2001. 18.27(f)(3)), notice is hereby given that and Urban Development, Room 7262, John D. Garrity, the following Letters of Authorization to 451 Seventh Street SW., Washington, Director, Office of Special Needs, Assistance take polar bears incidental to oil and gas DC 20410; telephone (202) 708–1234; Program. industry exploration activities in the TTY number for the hearing- and [FR Doc. 01–30310 Filed 12–6–01; 8:45 am] Beaufort Sea and adjacent northern speech-impaired (202) 708–2565, (these BILLING CODE 4210–29–M coast of Alaska has been issued to the telephone numbers are not toll-free), or following companies:
Company Activity Location Date issued
WesternGeco ...... Exploration ...... Alaska North Slope ...... October 19, 2001. Phillips Alaska, Inc ...... Exploration ...... Spark #1 ...... October 22, 2001. Phillips Alaska, Inc ...... Exploration ...... Oxbow #1 ...... October 22, 2001. Phillips Alaska, Inc ...... Exploration ...... Outlook #1 ...... October 22, 2001. Phillips Alaska, Inc ...... Exploration ...... Hunter #1 ...... October 23, 2001. Phillips Alaska, Inc ...... Exploration ...... Rendezvous #1 & # 2 ...... October 23, 2001. Phillips Alaska, Inc ...... Exploration ...... Nanuq #4 ...... October 24, 2001. Phillips Alaska, Inc ...... Exploration ...... Antigua #1 ...... October 29, 2001. BP Exploration (Alaska), Inc ...... Exploration ...... Sakonowyak River ...... October 30, 2001.
Contact: Mr. John W. Bridges at the ACTION: Notice of intent. to questions and provide other U.S. Fish and Wildlife Service, Marine information pertaining to the Mammals Management Office, 1011 East SUMMARY: The Bureau of Land preparation of the documents. There Tudor Road, Anchorage, Alaska 99503, Management(BLM) announces its intent will be subsequent public review (800) 362–5148 or (907) 786–3810. to prepare a management plan for the periods and open houses where SUPPLEMENTARY INFORMATION: The Letter CCNCA. This notice initiates the public additional public comment will be of Authorization is issued in accordance scoping, the planning review process; requested, including a formal comment with U.S. Fish and Wildlife Service and the EIS associated with completion period on the draft EIS/CCNCA Federal Rules and Regulations ‘‘Marine of the CCNCA Management Plan. The Management Plan. At least 15 days Mammals; Incidental Take During Act establishing the CCNCA directs the public notice will be given for the open Specified Activities (65 FR 16828; Secretary of the Interior to develop a houses or other public meetings. March 30, 2000).’’ ‘‘comprehensive plan for the long-range Written comments will be accepted protection and management of the Dated: November 8, 2001. throughout the planning process at the Conservation Area’’ by October 24, address shown below. All open house David B. Allen, 2003. and comment deadlines will be Regional Director. DATES: The formal scoping comment announced through the local news [FR Doc. 01–30303 Filed 12–6–01; 8:45 am] period will commence with the media, newsletters and on the CCNCA BILLING CODE 4310–55–M publication of this notice and end 60 website (http://www.co.blm.gov/gjra/ days after publication of this notice. ccnca/ccncahome.htm). DEPARTMENT OF THE INTERIOR Comments on issues, alternatives, and ADDRESSES: For further information, to the preliminary planning criteria to be provide written comments, or to be Bureau of Land Management addressed in the CCNCAManagement placed on the mailing list, contact Plan and EIS should be received on or Bureau of LandManagement, CCNCA [CO–130–01–1610–DS–241A] before the end of the scoping period at RMP Amendment, 2815 H Road, Grand Notice of Intent To Prepare an the address listed below. During this Junction,Colorado 81506; e-mail l Environmental Impact Statement (EIS) formal scoping comment period, an Jane [email protected]; Telephone open house will be held in Grand (970) 244-3000. Individual respondents AGENCY: Bureau of Land Management, Junction, Colorado, where BLM may request confidentiality. If you wish Interior. personnel will be available to respond to withhold your name and/or address
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from public review or from disclosure The CCNCA Plan and associated EIS F. Preparation of the CCNCA under the Freedom of Information Act, will be prepared by an interdisciplinary Management Plan will involve you must state this prominently at the team. Disciplines to be represented on coordination with Native American beginning of your written comment. the team include: Archaeology, botany, tribal governments and will provide Such requests will be honored to the fisheries, geology, hydrology, strategies for the protection of extent allowed by law. We will not, paleontology, range management, realty, recognized traditional uses. however, consider anonymous recreation, soils, wilderness, and G. Decisions in the CCNCA comments. All submissions from wildlife. Pursuant to the Act Management Plan will strive to be organizations or businesses, and from establishing the CCNCA, an advisory compatible with existing plans and individuals identifying themselves as council is currently being established to policies of adjacent local, State and representatives or officials of advise the BLM the management of the Federal agencies. organizations or businesses, are CCNCA. The advisory council is also H. The CCNCA Management Plan will available for public inspection in their anticipated to take an active role in comply with the legislative directives, entirety. preparation of the CCNCA Management needs, and obligations set forth by the Plan. legislation establishing the CCNCA. SUPPLEMENTARY INFORMATION: The Preliminary issues identified by the CCNCA is located in both Colorado and Catherine Robertson, BLM for the CCNCA plans include Field Manager, Grand Junction Field Office. Utah, and preparation of the CCNCA travel management, recreation, use [FR Doc. 01–30322 Filed 12–6–01; 8:45 am] plan may involve amendment of both authorizations such as rights-of-ways the Grand Junction RMP in Colorado and grazing, management of natural BILLING CODE 4310–JB–P and the Grand RMP in Utah. The Grand resources, wilderness stewardship, and Junction Field Office, located in integration of the CCNCA Management DEPARTMENT OF THE INTERIOR Colorado, is responsible for Plan with other agency and community management of the CCNCA and plans. Public involvement gained National Park Service preparation of the CCNCA plan. The through the initial scoping comment BLM will work closely with interested period will be utilized to refine these Final Environmental Impact Statement/ parties to identify the management topics and identify any additional issues General Management Plan Lassen discussions that are best suited to the to be evaluated. Volcanic National Park Lassen, needs of the public. This collaborative Planning criteria are the standards, Plumas, Shasta, Tehama Counties, CA; process will take into account local, rules, and other factors used in Notice of Availability regional, and national needs and formulating judgements about data SUMMARY: Pursuant to § 102 (2) of the concerns. The Act establishing the collection, analysis, and decision 122,300 acre CCNCA in western National Environmental Policy Act of making associated with preparation of 1969 (Pub.L. 91–190 as amended), the Colorado and eastern Utah was signed the CCNCA Management Plan. These into law by the President on October 24, National Park Service, Department of criteria establish parameters and help the Interior, has prepared a Final 2000. The purpose of the Act is to focus preparation of the effort. Public conserve, protect, and enhance for the Environmental Impact Statement comment is also welcomed on the identifying four alternatives for (and benefit and enjoyment of present and following preliminary planning criteria, future generations the unique and assessing the potential impacts of) a which will be utilized in the proposed General Management Plan for nationally important values of the preparation of the CCNCA Management public lands in the CCNCA, including Lassen Volcanic National Park, located Plan. in northeastern California. Upon geology, recreation, cultural, A. The CCNCA Management Plan will paleontological, biological, wilderness, approval, the new General Management be completed in compliance with the Plan will serve as a ‘‘blueprint’’ for the wildlife, educational, and scenic Federal Land Policy and Management resources. The Act also designates management and use of Lassen Volcanic Act and all other applicable laws. National Park over the next 10–15 years. 75,550 acres of the CCNCA as the Black B. The project team will work Ridge Canyons Wilderness Area. There cooperatively with the States of Proposal and Alternatives Considered are 5,500 acres of the CCNCA located in Colorado and Utah, tribal governments, The ‘‘no action’’ alternative, the state of Utah. The Grand Junction county and municipal governments, Alternative A, assumes that physical Field Office in Colorado will coordinate other Federal agencies, and all other facilities and ongoing activities would with the Moab Field Office in Utah interested groups, agencies, and remain largely unchanged, and that during preparation of the CCNCA individuals. Public participation will be staffing and operational funding would Management Plan. encouraged throughout the process. remain constant over the planning Management of the CCNCA is C. Completion of the CCNCA period. currently guided by the Ruby Canyon/ Management Plan will include Alternative B: Resource Preservation Black Ridge Integrated Management preparation of an EIS that will comply and Basic Visitor Service, provides a Plan completed in March 1998. The with the National Environmental Policy program for preserving, and where Grand Junction RMP and the Grand Act. necessary, restoring significant park RMP, in addition to several activity D. The CCNCA Management Plan will resources. It includes essential staffing level management plans, include other evaluate valid existing rights in the and funding increases for the park’s decisions affecting the CCNCA. On various alternative management cultural and natural resource February 13, 2001, the BLM Colorado schemes. management functions, restores key State Director issued interim guidance E. The lifestyles and concerns of area elements of the park’s infrastructure, for management of the CCNCA pending residents, including the activities of provides for restoration of several completion of the final Management grazing, recreational use, off-highway specific sites with natural system Plan. All of these documents will be vehicle use, and wilderness conflicts, establishes a standards-based reviewed during preparation of the management will be addressed in the management zoning system, and CCNCA Management Plan. CCNCA Management Plan. proposes designation of approximately
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25,000 acres as part of the National obtained during the scoping phase are Commission for Aniakchak National Wilderness Preservation System filed in the administrative record. Monument announce a forthcoming (increasing the total amount of meeting of the Aniakchak National Copies designated Wilderness to approximately Monument Subsistence Resource 104,000 acres). The plan also includes Inquiries and requests for printed Commission. The following agenda program increases and visitor facility copies of the final EIS for the proposed items will be discussed: improvements to provide for quality General Management Plan may be (1) Call to order (Chair). basic visitor service. directed to Superintendent, Lassen (2) SRC Roll Call and Confirmation of Alternative C: The Proposed General Volcanic National Park, P.O. Box 100, Quorum. Management Plan—Resource Protection Mineral, California 96063–0100, or via (3) Welcome and Introductions. and Enhanced Visitor Experience. This telephone at (530) 595–4444 ext.5101. (4) Review and Adopt Agenda. plan includes all the features of Public review copies will also be (5) Review and adopt minutes from Alternative B, and provides available at area libraries. last meeting. enhancement to visitor experience by During the Ano action’’ period (6) Commission Purpose. making more facilities available during following release of the Final EIS, if any (7) Status of Membership. winter months, and increasing individuals submit comments and (8) Public and Agency Comments. interpretive services, facilities, and request that their name or/and address (9) Old Business: information. be withheld from public disclosure, it a. Customary Trade. Alternative D: Resource Protection will be honored to the extent allowable b. Status of Subsistence Management and Expanded Visitor Opportunities, by law. Such requests must be stated Plan. includes all of the features of prominently in the beginning of the c. Status of Hunting Plan Alternative C and, in addition, provides comments. There also may be Recommendation 97–1, Establish One- for expansion of family and group circumstances wherein the NPS will Year Minimum Residency Requirement campgrounds at several locations. It also withhold a respondent’s identity as for Resident Zone Communities. expands winter access at the north allowable by law. As always: NPS will d. Status of Aniakchak National entrance by plowing the park road an make available to public inspection all Preserve Non-Subsistence User Permit additional 9 miles to the Devastated submissions from organizations or Request. Area, and keeping one loop of the businesses and from persons identifying (1) New Business: campground open for winter camping. themselves as representatives or a. October 2001 Chairs Workshop Significant adverse environmental officials of organizations and Report. impacts and potential impairment of businesses; and, anonymous comments b. Federal Subsistence Board and park values would be expected to result may not be considered. Bristol Bay Regional Council Report. from Alternative A as a number of c. Land Status Map. cultural, natural, and environmental Decision d. Subsistence Access. resources are undergoing deterioration A Record of Decision may be e. Hunting Guide Issues under current conditions. All of the approved by the Regional Director, (11) Election of SRC Chair and Vice action alternatives include programs to Pacific West Region, no sooner than 30 Chair. arrest the deterioration of resources and days after publication of a Notice of (13) Public and Agency Comments. mitigation features to avoid or reduce filing of this Final EIS in the Federal (14) SRC work session (draft impacts, which might ensue from Register by the Environmental proposals, letters, and implementation of project features. It Protection Agency. The official recommendations). was determined that the responsible for the final decision is the (15) Set time and place of next SRC ‘‘environmentally preferred’’ alternative Regional Director, Pacific West Region; meeting. is Alternative C. subsequently the official responsible for (16) Adjournment. Public Comment implementation of the plan is the DATES: The meeting will begin at 10 a.m. Superintendent, Lassen Volcanic A Notice of Intent to prepare an EIS on Tuesday, February 12, 2002 and National Park. was published in the Federal Register conclude at approximately 6 p.m. The on July 24, 1998. During the subsequent Dated: October 25, 2001. meeting will reconvene at 9 a.m. on scoping phase leading to development Martha K. Leicester, Wednesday, February 13, 2002 and of the Draft EIS, the NPS conducted Acting Regional Director, Pacific West Region. adjourn at approximately 1 p.m. Location: The meeting will be held at seven public meetings, three agency [FR Doc. 01–30336 Filed 12–6–01; 8:45 am] the Chignik Lake Subsistence meetings, and several Tribal meetings. BILLING CODE 4310–70–P In all, information provided by 120 Community Building, Chignik Lake, commentors and 49 letters was Alaska, (907) 845–2212. obtained. A Notice of Availability of the DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Draft EIS was published in the Federal Mary McBurney at Phone (907) 257– Register on August 18, 2000. During the National Park Service 2633, or Tom O’Hara, Subsistence subsequent public comment period, Manager, Aniakchak National Aniakchak National Monument seven public workshops were Monument, P.O. Box 7, King Salmon, Subsistence Resource Commission conducted and over 650 copies of the Alaska 99613. Phone (907) 246–2101. Meeting Draft EIS were distributed. Throughout SUPPLEMENTARY INFORMATION: The the process contacts were undertaken AGENCY: National Park Service, Interior. Subsistence Resource Commissions are with Tribes, the State Historic ACTION: Announcement of Subsistence authorized under Title VIII, section 808, Preservation Office, U.S. Forest Service, Resource Commission meeting. of the Alaska National Interest Lands the four surrounding County Boards of Conservation Act, Pub. L. 96–487, and Supervisors, and other entities. SUMMARY: The Superintendent of operate in accordance with the Altogether 189 comment letters were Aniakchak National Monument and the provisions of the Federal Advisory received; these as well as the responses Chairperson of the Subsistence Resource Committees Act.
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In light of a recent attempt to relocate c. Status Customary Trade Hunting DEPARTMENT OF THE INTERIOR National Park Service administrative Plan Recommendation 99–01. National Park Service personnel and offices in Washington, (11) New Business: DC, this notice may not be published at least 15 days prior to the meeting. The a. Review Federal Subsistence Board Wrangell-St. Elias National Park National Park Service regrets these and Regional Advisory Council Subsistence Resource Commission events, but is compelled to hold the Proposals and Record of Actions Taken. Meeting meeting as scheduled because of the b. Federal Subsistence Fisheries AGENCY: National Park Service, Interior. significant sacrifice re-scheduling Management Update. ACTION: Announcement of Subsistence would require of commission members c. SRC Work Session. Resource Commission meeting. who have adjusted their schedules to (12) SRC Elections for Chair and Vice accommodate the proposed meeting SUMMARY: The Superintendent of dates. Chair. Wrangell-St. Elias National Park and the Draft minutes of the meeting will be (13) Set time and place of next SRC Chairperson of the Subsistence Resource available for public inspection meeting. Commission announce a forthcoming approximately 6 weeks after the meeting (14) Adjournment. meeting of the Wrangell-St. Elias at the Aniakchak National Monument National Park Subsistence Resource Office, P.O. Box 7, King Salmon, Alaska DATES: The meeting will be held from Commission. The following agenda 99613. Phone (907) 246–2101. 8:30 a.m. to 5 p.m. on Thursday, items will be discussed: December 13, 2001, and 8:30 a.m. to 5 Robert L. Arnberger, (1) Call to Order (Chairman) p.m. on Friday, December 14, 2001. Regional Director. (2) Roll Call: Confirmation of Quorum [FR Doc. 01–30337 Filed 12–6–01; 8:45 am] Location: The meeting will be held at (3) An introduction of Commission members, staffs, and guests BILLING CODE 4310–70–P Wedgewood Manor Resorts, 212 Wedgewood Drive, University Ave., (4) Review Agenda Fairbanks, Alaska 99701, Tel. (907) 452– (5) Review and approval of minutes DEPARTMENT OF THE INTERIOR 1442. from February 20–21, 2001 meeting (6) Superintendent’s welcome and National Park Service FOR FURTHER INFORMATION CONTACT: review of the Commission purpose Dave Mills, Superintendent and Fred (7) Commission membership status Subsistence Resource Commission Andersen, Subsistence Manager, 201 (8) Election of Chair and Vice Chair Meeting First Avenue, Doyon Bldg., Fairbanks, (9) Public and other agency comments Alaska 99701, Telephone (907) 456– (10) Superintendent’s report AGENCY: National Park Service, Interior. 0281. (11) Old Business: ACTION: Announcement of Subsistence a. Proposal to change Unit 11 sheep Resource Commission meeting. SUPPLEMENTARY INFORMATION: The regulations Subsistence Resource Commissions are b. Subsistence Hunting Program SUMMARY: In accordance with the authorized under Title VIII, section 808, Federal Advisory Committee Act (Pub. Recommendation 97–01: establish of the Alaska National Interest Lands minimum residency requirement L. 92–463, 86 Stat. 770, 5 U.S.C. App. Conservation Act, Public Law 96–487 1, Section 10), notice is hereby given for resident zone communities and operate in accordance with the c. Customary Trade Concerns that the Superintendent of Gates of the provisions of the Federal Advisory Arctic National Park and Preserve and d. Alternate SRC members Committees Act. e. Roster Regulations the Chairperson of the Subsistence (12) Wrangell-St. Elias National Park Resource Commission for Gates of the In light of a recent attempt to relocate and Preserve Staff Report Arctic National Park announce a National Park Service administrative a. Chief of Resources Update forthcoming meeting of the Gates of the personnel and offices in Washington, b. Fisheries Report Arctic National Park Subsistence DC, this notice may not be published at c. Cultural Resources Update Resource Commission. The following least 15 days prior to the meeting. The d. Wildlife Report agenda items will be discussed: National Park Service regrets these (13) New Business: (1) Call to order. events, but is compelled to hold the a. Update on Federal Fish (2) Roll call. Confirm quorum. meeting as scheduled because of the Management and Resource (3) Approval of summary of meeting significant sacrifice rescheduling would minutes for November 13–14, 2001 Monitoring require of commission members who b. Review of 2001–2002 Federal meeting in Fairbanks. have adjusted their schedules to (4) Review agenda. Subsistence Board Fisheries accommodate the proposed meeting proposals (5) Superintendent’s Welcome. dates. (6) Introductions of Guests and c. Subsistence Wildlife Regulations Agency Staff. Draft minutes of the meeting will be Proposed Changes (7) Review Commission Role and available for public inspection d. October 2001 Chairs Workshop Purpose. approximately 6 weeks after the meeting Report (8) Superintendent’s Management and at the Gates of the Arctic National Park (14) Public and other agency comments Research Update. & Preserve Office, 201 First Avenue, (15) Subsistence Resource Commission (9) Public and agency comments. Doyon Bldg., Fairbanks, Alaska 99701, Work Session (10) Old Business: Telephone (907) 456–0281. (16) Set time and place of next a. October 2001 SRC Chair’s Subsistence Resource Commission Paul R. Anderson, Workshop Report. meeting b. Status Gates of the Arctic National Acting Regional Director. (17) Adjourn meeting. Park and Preserve Subsistence [FR Doc. 01–30332 Filed 12–6–01; 8:45 am] DATES: The meeting will begin at 9 a.m. Management Plan. BILLING CODE 4310–70–M on Tuesday, February 19, 2002, and
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conclude at approximately 5 p.m. The 1849 C St. NW., NC400, Washington, DC NEW YORK meeting will reconvene at 9 a.m. on 20240; by all other carriers, National Albany County Wednesday, February 20, 2002, and Register of Historic Places, National adjourn at approximately 5 p.m. The Park Service, 800 N. Capitol St. NW., Schoonmaker House, 283 Beaver Dam Rd., meeting will adjourn earlier if the Suite 400, Washington DC 20002; or by Selkirk, 01001396 agenda items are completed. fax, 202–343–1836 . Written or faxed Delaware County LOCATION: The Meeting will be held at comments should be submitted by Hobart Masonic Hall, 6 Cornell Ave., Hobart, the Chitina Village Community Hall, December 24, 2001. 01001399 Chitina, Alaska, Telephone (907) 823– Carol D. Shull, 2223. Greene County Keeper of the National Register Of Historic Cleveland, L.E., House, 7818 NY 81, Durham, FOR FURTHER INFORMATION CONTACT: Devi Places. 01001385 Sharp, Chief Natural Resources, DISTRICT OF COLUMBIA DeWitt, W.F., Hotel, 7803 NY 81, Durham, Wrangell-St. Elias National Park and 01001389 District of Columbia Preserve, P.O. Box 439, Copper Center, Ford’s Store, 7811 NY 81, Durham, 01001395 Alaska 99573. Phone (907) 822–5234. Clifton Terrace (Apartment Buildings in Jewett Presbyterian Church Complex, Church SUPPLEMENTARY INFORMATION: The Washington, DC, MPS), 1308, 1312, 1350 St., Jewett, 01001382 Subsistence Resource Commission is Clifton St., Washington, 01001366 Osburn, Mrs., House, 7872 NY 81, Durham, authorized under Title VIII, section 808, Owl’s Nest, 3031 Gates Rd., NW, 01001390 Washington, 01001365 of the Alaska National Interest Lands Pierce, Charles, House, 7846 NY 81, Durham, Trinity Towers (Apartment Buildings in 01001386 Conservation Act, Pub. L. 96–487, and Washington, DC, MPS), 3023 14th St., NW, operates in accordance with the Washington, 01001367 Union Chapel, Mill Rd., Windham, 01001394 provisions of the Federal Advisory Herkimer County Committees Act. MARYLAND Lalino Stone Arch Bridge, 319 NY 29, In light of a recent attempt to relocate Baltimore Independent city Middleville, 01001397 National Park Service administrative Greater Homeland Historic District, Roughly personnel and offices in Washington, Old City Road Stone Arch Bridge, Old City bounded by Charles St. Homeland Ave., Rd., Welch Corners, 01001398 DC, this notice may not be published at York Rd., and Melrose Ave., Baltimore least 15 days prior to the meeting. The (Independent City), 01001377 Orange County National Park Service regrets these Lake Drive Apartments, 903 Druid Park Lake Dunning House, 633 Ridgebury Rd., events, but is compelled to hold the Dr., Baltimore (Independent City), Wawayanda, 01001383 01001368 meeting as scheduled because of the Walsh, A., Stone House and Farm Complex Lauraville Historic District, Rghly bnded by significant sacrifice re-scheduling (Cornwall MPS), 1570 NY 94, Cornwall, would require of commission members Harford Rd, Herring Run Cr, Cold Spring Ln, Charlton Ave., Halcyon Ave., Grindon 01001384 who have adjusted their schedules to Rd, and Echodale Ave., Baltimore Sullivan County accommodate the proposed meeting (Indepedent City), 01001371 dates. Mount Washington Mill Historic District Bennett Family House, 11 Hamilton Ave., Draft minutes of the meeting will be (Boundary Increase), 1405–1407 Forge Monticello, 01001400 available for public inspection Ave., Baltimore (Independent City), Tompkins County approximately 6 weeks after the meeting 01001376 Second Baptist Society of Ulysses, 1 Congress at the Wrangell-St. Elias National Park Northern District Police Station, 3355 St., Trumansburg, 01001381 and Preserve Office, P.O. Box 439, Keswick Rd., Baltimore (Independent City), Copper Center, Alaska 99573. Phone 01001372 Ulster County (907) 822–5234. Sellers Mansion, 801 N. Arlington St., Baltimore (Independent City), 01001369 Boice House, 110 Fair St., Kingston, Robert L. Arnberger, Southern District Police Station, 28 E. Ostend 01001388 Chichester House, 116 Fair St., Kingston, Regional Director. St., Baltimore (Independent City), 01001373 01001392 [FR Doc. 01–30338 Filed 12–6–01; 8:45 am] Stone Hill Historic District, Pacific, Puritan, Kenyon, William, House, 104 Fair St., BILLING CODE 4310–70–P Bay, Field and Worth Sts., Baltimore Kingston, 01001387 (Independent City), 01001370 Second Reformed Dutch Church of Kingston, 213–223 Fair St., Kingston, 01001393 DEPARTMENT OF THE INTERIOR Frederick County Sheffer, Daniel, Farm, 8924A Mt. Tabor Rd., OREGON National Park Service Middletown, 01001375 Lane County National Register of Historic Places; Howard County Psi Alpha Chapter, Chi Omega House Notification of Pending Nominations Dorsey Hall, 5100 Dorsey Hall Dr., Columbia, (Residential Architecture of Eugene, 01001374 Oregon MPS) 1461 Alder St., Eugene, Nominations for the following 01001402 MISSOURI properties being considered for listing South University Historic District in the National Register were received Jackson County (Residential Architecture of Eugene, by the National Park Service before Chambers Building, 25 E. 12th St., Kansas Oregon MPS) Roughly bounded by E. 19th, November 17, 2001. Pursuant to section City, 01001379 Agate, E 23rd, and Alder Sts., Eugene, 01001401 60.13 of 36 CFR part 60 written Phelps County comments concerning the significance Malheur County of these properties under the National National Bank of Rolla Building, 718 Pine St., Rolla, 01001380 Blackaby, James Rowley and Mary J., House, Register criteria for evaluation may be 717 SW 2nd St., Ontario, 01001391 forwarded by United States Postal St. Louis County Service, to the National Register of Ball—Essen Farmstead Historic District, 749 [FR Doc. 01–30333 Filed 12–6–01; 8:45 am] Historic Places, National Park Service, Babler Park Dr., Wildwood, 01001378 BILLING CODE 4310–70–P
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DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR MAINE Androscoggin County National Park Service National Park Service Gay—Munroe House, 64 Highland Ave., National Register of Historic Places; National Register of Historic Places; Auburn, 01001422 Notification of Pending Nominations Notification of Pending Nominations Cumberland County Hanson, Asa, Block, 548–550 Congress St., Nominations for the following Nominations for the following Portland, 01001418 properties being considered for listing properties being considered for listing Tarr—Eaton House, 906 Harpswell Neck Rd., in the National Register were received in the National Register were received Harpswell Center, 01001416 by the National Park Service before by the National Park Service before Kennebec County November 10, 2001. Pursuant to section November 24, 2001. Pursuant to section 60.13 of 36 CFR part 60 written 60.13 of 36 CFR part 60 written Capitol Complex Historic District, State and comments concerning the significance comments concerning the significance Capitol Sts., Augusta, 01001417 of these properties under the National of these properties under the National Knox County Register criteria for evaluation may be Register criteria for evaluation may be Union Town House (Former), 128 Town forwarded by United States Postal forwarded by United States Postal House Rd., Union, 01001419 Service, to the National Register of Service, to the National Register of Sagadahoc County Historic Places, National Park Service, Historic Places, National Park Service, 1849 C St. NW., NC400, Washington, DC 1849 C St. NW., NC400, Washington, DC Ropes End, 36 Hyde Rd., Phippsburg, 20240; by all other carriers, National 20240; by all other carriers, National 01001421 Register of Historic Places, National Register of Historic Places, National York County Park Service, 800 N. Capitol St. NW., Park Service, 800 N. Capitol St. NW., Cummings Shoe Factory, 2 Railroad Ave., Suite 400, Washington DC 20002; or by Suite 400, Washington DC 20002; or by South Berwick, 01001420 fax, 202–343–1836. Written or faxed fax, 202–343–1836 . Written or faxed comments should be submitted by comments should be submitted by MISSOURI December 24, 2001. December 24, 2001. Jackson County West Ninth Street—Baltimore Avenue Carol D. Shull, Carol D. Shull, Historic District (Boundary Increase I), Keeper of the National Register Of Historic Keeper of the National Register Of Historic West 100 blk. of 10th St. and 1000 blk. of Places. Places. Baltimore Ave.,Kansas City, 01001413 FLORIDA ALABAMA NORTH CAROLINA Miami-Dade County Baldwin County Alamance County Curtiss, Glenn, House (Country Club Estates State Bank Silverhill, 15950 Silverhill Ave., South Broad—East Fifth Streets Historic TR), 500 Deer Run, Miami Springs, Silverhill, 01001410 District, (Burlington MRA)Roughly 01001359 bounded by E. Morehead, S. Broad, Sixth, Lee County and W. Main Sts., Burlington, 01001427 Polk County Northside Historic District, Roughly Bounded Buncombe County Winston School, 3415 Swindell Rd., by 7th Ave., 3rd St., 2nd Ave., and N. 11th Lakeland, 01001362 St., Opelika, 01001409 Kenilworth Inn, 60 Caledonia Rd., Asheville, 01001423 MISSOURI Madison County Cleveland County St. Louis Independent city Alabama Agricultural and Mechanical University Historic District, Chase Rd., Sperling, George, House and Outbuildings, 1219 Fallston Rd., Shelby, 01001425 Forest Park Southeast Historic District, Normal, 01001407 Roughly bounded by Chouteau Ave., Duplin County Manchester and Cadet Aves., Montgomery County Loftin Farm (Duplin County MPS), NC 1368, Kingshighway Blvd., and S. Sarah St., St. Stone Plantation, 5001 Old Selma Rd., 0.65 mi. S of jct. with NC 1367, Louis (Independent City), 01001360 Montgomery, 01001411 Beautancus, 01001426 OHIO Shelby County Henderson County Summit County McKibbon House, 611 E. Boundary St., West Side Historic District (Hendersonville Montevallo, 01001408 Akron—Fulton International Airport MPS) Roughly bounded by Fifth Ave. W., Washington St., Third Ave. W., and Blythe Administration Building, 1800 Triplett CONNECTICUT St., Hendersonville, 01001424 Blvd., Akron, 01001361 Litchfield County OREGON VERMONT Terryville Waterwheel, 262 Main St., Josephine County Addison County Plymouth, 01001412 Allen Gulch Mill (Upper Illinois Valley, Lampson School (Educational Resources of FLORIDA Oregon Mining Resources MPS) Approx. 1 Vermont MPS), 44 Summer Rd., New Leon County mi. SE of Jct. of Waldo Rd. and Waldo Haven, 01001363 Lookout Rd., Cave Junction, 01001148 Rollins House, 5456 Rollins Pointe, Allen Gulch Townsite (Upper Illinois Valley, Chittenden County Tallahassee, 01001415 Oregon Mining Resources MPS) Approx. 1 North Street Historic District, Roughly Along Polk County mi. SE. of Jct. of Waldo Rd. and Waldo North St., from North Ave. to N. Winooski Lookout Rd., Cave Junction, 01001136 Ave., Burlington, 01001364 Downtown Winter Haven Historic District, Cameron Mine (Upper Illinois Valley, Oregon (Winter Haven, Florida MPS) Roughly Mining Resources MPS) Approx. 2 mi. S. [FR Doc. 01–30334 Filed 12–6–01; 8:45 am] Avenue A NW, Avenue A SW, 3rd and 5th of Jct. of Waldo Rd. and Waldo Lookout BILLING CODE 4310–70–P Sts., Winter Haven, 01001414 Rd., Cave Junction, 01001144
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Deep Gravel Mine (Upper Illinois Valley, MASSACHUSETTS shaped design of red pigment and a fan- Oregon Mining Resources MPS) Approx. 1 Barnstable County shaped section of radiating green mi. N. of Jct of Waldo Rd. and BLM Rd. stripes. The convex side of the shield 40–8–28, Cave Junction, 01001141 Old Village Historic District, Roughly exhibits some red pigment stain and Esterly Pit No. 2—Llano De Oro Mine (Upper bounded by Main, Holway, Bridge Sts., Illinois Valley, Oregon Mining Resources Bearse’s Ln., Chatham Harbor, Mill Pond, some incised triangular patterns. Three MPS) Approx. 1.5 mi. N. of Jct. of Waldo and Little Mill Pond, Chatham, 01001406. buckskin ties hang from the face as Rd. and BLM Rd. 40–8–28,Cave Junction, fringe and, on the back of the shield, [FR Doc. 01–30335 Filed 12–6–01; 8:45 am] 01001145 serve to fasten an arm strap. A looping Fry Gulch Mine (Upper Illinois Valley, BILLING CODE 4310–70–P piece of buckskin is tied to 2 holes Oregon Mining Resources MPS) Approx. about 20 centimeters apart on the .75 mi. from Jct. of Waldo Rd. and BLM Rd. perimeter of the shield. A series of 12 DEPARTMENT OF THE INTERIOR 40–8–28, Cave Junction, 01001143 holes in a straight line angles outward High Gravel Mine (Upper Illinois Valley, Oregon Mining Resources MPS) Approx. National Park Service from the center of the shield to the 1.3 mi. S. of Jct. of Waldo Rd. and Waldo perimeter. A tear in the rawhide, about Lookout Rd., Cave Junction, 01001142 Notice of Intent To Repatriate Native 1.9 centimeter long, has been repaired Logan Cut (Upper Illinois Valley, Oregon American Cultural Items in the with a hide lace. Mining Resources MPS) Historic Channel Possession of the U.S. Department of CARE-12 is a roughly circular piece of of Logan Cut, Cave Junction, 01001154 the Interior, National Park Service, buffalo hide measuring approximately Logan Drain Ditches (Upper Illinois Valley, Capitol Reef National Park, Torrey, UT 88 centimeters by 70 centimeters. The Oregon Mining Resources MPS) Approx. 2 original shape and dimensions of the mi. N. of Jct. of Waldo Rd. and BLM Rd. AGENCY: National Park Service, Interior. 40–8–28, Cave Junction, 01001155 shield have been altered by damage Logan Wash Ditch (Upper Illinois Valley, ACTION: Notice. along its perimeter probably caused by Oregon Mining Resources MPS) Historic rodent gnawing and/or exposure to Channel of Logan Wash Ditch, Cave Notice is hereby given in accordance weathering processes while in the Junction, 01001153 with provisions of the Native American cache. It is believed to have been Middle Ditch (Upper Illinois Valley, Oregon Graves Protection and Repatriation Act, circular when originally constructed. Mining Resources MPS) Historic Channel 43 CFR 10.10 (a)(3), of the intent to The face of the shield is convex and is of Logan-Esterly Middle Ditch, Cave repatriate three cultural items in the decorated with parallel rows of Junction, 01001150 possession of the U.S. Department of the Old Placer Mine (Upper Illinois Valley, unpainted, stenciled dots on a painted Interior, National Park Service, Capitol field. Approximately two-thirds of the Oregon Mining Resources MPS) Approx. Reef National Park, Torrey, UT. .65 mi. W. of Jct. of Rockydale Rd. and painted field is black and one-third is BLM Rd. 40–8–15, Cave Junction, This notice is published as part of the covered with a rust-colored pigment. 01001140 National Park Service’s administrative Five buckskin ties hang from the face as Osgood Ditch (Upper Illinois Valley, Oregon responsibilities under NAGPRA, 43 CFR a fringe and, on the back of the shield, Mining Resources MPS) Historic Channel 10.2 (c). The determinations within this some serve to fasten an arm sling. The of Osgood Ditch, Cave Junction, 01001151 notice are the sole responsibilities of the arm sling has a padded piece of hide. Plataurica Mine (Upper Illinois Valley, National Park Service unit that has The shield exhibits a cut mark along one Oregon Mining Resources MPS) Approx. control or possession of these Native .75 mi. SE. of Jct. of Waldo Rd. and Waldo edge, probably caused when a Lookout Rd., Cave Junction, 01001146 American cultural items. The Assistant radiocarbon dating sample was removed St. Patrick’s Roman Catholic Cemetery Director, Cultural Resources by researchers in the 1960s. (Upper Illinois Valley, Oregon Mining Stewardship and Partnerships is not CARE-191 is a roughly circular piece Resources MPS) Approx. 1 mi. SE. of Jct. responsible for the determinations of buffalo hide measuring of Waldo Rd. and Waldo Lookout Rd., Cave within this notice. approximately 95 centimeters by 74 Junction, 01001137 In 1926, Ephraim P. Pectol discovered centimeters. The original shape and Upper Ditch (Upper Illinois Valley, Oregon three buffalo-hide shields cached in a dimensions of the shield have been Mining Resources MPS) Historic Channel rock crevice on public lands southeast of Logan-Esterly Upper Ditch, Cave altered by damage along its perimeter Junction, 01001149 of Torrey, UT. Though he had not probably caused by rodent gnawing Waldo Cemetery (Upper Illinois Valley, obtained the permit required to remove and/or exposure to weathering Oregon Mining Resources MPS) Approx. .5 an object of antiquity from Federal processes while in the cache. It is mi. SW. of Jct. of Waldo Rd. and BLM Rd. lands, Mr. Pectol removed the shields believed to have been circular when 40–8–28, Cave Junction, 01001138 from the rock crevice and took them to originally constructed. The face of the Waldo Chinese Cemetery (Upper Illinois his home and place of business. In 1932, shield is convex and is decorated in four Valley, Oregon Mining Resources MPS) a Federal agent seized the shields and painted quadrants. One quadrant is Approx. .5 mi. SW. of Jct. of Waldo Rd. and returned them to Federal control, BLM Rd. 40–8–28, Cave Junction, painted with a rust-colored pigment. 01001139 though they remained in the possession One quadrant is painted red. One Waldo Mine (Upper Illinois Valley, Oregon of Mr. Pectol. Capitol Reef National quadrant is painted black. One quadrant Mining Resources MPS) SW. of Jct. of Monument acquired the shields in 1953. is painted with green bands. Three Waldo Rd. and BLM Rd. 40–8–28, Cave The three shields have been designated buckskin ties hang from the face as Junction, 01001147 as CARE-11, CARE-12, and CARE-191. fringe and hold a buckskin arm strap on Wimer Ditch (Upper Illinois Valley, Oregon CARE-11 is a roughly circular piece of the back. Mining Resources MPS) Historic Channel buffalo hide with a diameter of An assessment of the three shields of Wimer Ditch, Cave Junction, 01001152 approximately 79 centimeters. The was made by National Park Service WYOMING original shape and dimensions of the professional staff, specially contracted Teton County shield have been altered by minor independent scholars, and damage along its perimeter probably representatives of the Navajo Nation, Flat Creek Ranch, Approx. 12 mi. E and N, Jackson, 01001428 caused by rodent gnawing and/or Arizona, New Mexico and Utah; Hopi To assist in preservation of the following exposure to weathering processes while Tribe of Arizona; Jicarilla Apache Tribe resource the comment period has been in the cache. The face of the shield is of the Jicarilla Apache Indian shortened to seven (7) days: concave and is decorated with a wing- Reservation, New Mexico; and Kaibab
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Band of Paiute Indians of the Kaibab Archeologist C. Melvin Aikens (1966), claimant tribe. Rather, they Indian Reservation, Arizona. in an article postulating a Plains origin independently and objectively traced Representatives of the Confederated for Fremont Culture, described Plains- the various lines of evidence relating to Tribes of the Goshute Reservation, style cultural attributes of the Capitol possible cultural affiliation(s) of the Nevada and Utah; Las Vegas Tribe of Reef shields. His later abandonment of shields. Paiute Indians of the Las Vegas Indian the Plains/Fremont construct does not Regarding CARE-11, Dr. Loendorf Colony, Nevada; Paiute Tribe of Utah invalidate his observations regarding the attributes the shield to Athabaskan (Cedar City, Indian Peak, Kanosh, Plains-like attributes of the shields. speakers based on similarities between Koosharem, Shivwits Bands); Pueblo of In 1967, Campbell Grant obtained a its design elements and the so-called Acoma, New Mexico; Pueblo of Cochiti, standard radiocarbon age from a sample Castle Garden rock art style found in New Mexico; Pueblo of Isleta, New of CARE-12. Reported as UCLA sample Wyoming and Montana and also Mexico; Pueblo of Jemez, New Mexico; 1221, the age had a tree-ring calibrated believed to have been made by Pueblo of Laguna, New Mexico; Pueblo radiocarbon age of (1) modern, or (2) Athabaskans. He also documents similar of Nambe, New Mexico; Pueblo of A.D. 1650, or (3) A.D. 1750 (Berger and design elements on historic Apache Picuris, New Mexico; Pueblo of Libby 1968). Based on the radiocarbon shields. Based on the radiocarbon dates Pojoaque, New Mexico; Pueblo of San dates, archeologist and rock art scholar for this shield and CARE-12, and taking Ildefonso, New Mexico; Pueblo of San Polly Schaafsma (1971) concluded that into account various related factors, Dr. Juan, New Mexico; Pueblo of Sandia, the shields were made in recent times Loendorf suggests that the three Capitol New Mexico; Pueblo of Santa Ana, New and therefore were not associated with Reef shields were likely constructed at Mexico; Pueblo of Santa Clara, New Fremont Culture. different times between A.D. 1420 and Mexico; Pueblo of Santo Domingo, New In a 1976 study of Puebloan shields, A.D. 1640, and likely were made toward Mexico; Pueblo of Taos, New Mexico; researcher Barton Wright attributed the the recent end of that range. Mr. Lanford Pueblo of Tesuque, New Mexico; Pueblo shields to Pueblo warriors. He noted the traces the vertical orientation and grid- of Zia, New Mexico; San Juan Southern smaller size of historic Navajo shields like patterning on CARE-11 to similar Paiute Tribe of Arizona; Southern Ute when compared to Pueblo shields as an elements that are common in the Great Indian Tribe of the Southern Ute important consideration. Researcher Basin, Plains, and Montane regions, but Reservation, Colorado; Ute Indian Tribe Stuart Baldwin (1997) suggested that the rare in the Southwest region. He finds of the Uintah and Ouray Reservation, shields are Ute, based on the 1967 very little similarity between the design Utah; Ute Mountain Tribe of the Ute radiocarbon dates. elements of this shield and motifs Loendorf and Conner (1993) reported Mountain Reservation, Colorado, New common to Southwestern rock art, three accelerator mass spectrometry Mexico and Utah; and Zuni Reservation, historic Puebloan shields, or other radiocarbon ages for a small piece of New Mexico also were contacted but Puebloan painted iconographic objects. strap from CARE-11. Based on recently did not participate in consultation Mr. Wright observes design similarities developed tree ring calibrations and regarding the three shields. between CARE-11 and shields produced weighted averages, the likely date of at Jemez, particularly in the use of rays Over the years, several researchers construction for the shields is between or fans of feathers as decorative motifs. have considered the cultural origin and A.D. 1420 and A.D. 1640 (Loendorf Regarding CARE-12, Dr. Loendorf age of the Capitol Reef shields. 2001). attributes the shield to Athabaskan Archeologist Noel Morss (1931) Capitol Reef National Park contracted speakers based on similarities between observed similarities among the three with three experts to help determine the the dot design elements and the Castle shields, known Apache shields, and cultural affiliation of the three shields. Garden rock art style, shield warrior historic-era pictographs of shields in Lawrence Loendorf is a research petroglyphs in the Dinetah region of association with horses. He attributed professor at the Department of New Mexico, and other Athabaskan the Capitol Reef shields to recent (post- Anthropology, New Mexico State petroglyph and pictograph shields. Mr. introduction of the horse) Apaches or University. Benson Lanford is a Lanford observes that the pattern of Navajos. While subsequent radiocarbon researcher, appraiser, and lecturer on vertically aligned dots in CARE-12 is in dating indicates that the Capitol Reef American Indian arts and material keeping with the radical asymmetry and shields pre-date the introduction of the culture. Barton A. Wright is a retired freedom of expression typical of Apache horse to south-central Utah, the dates do research anthropologist and archeologist painted motifs. He draws parallels not invalidate Morss’s favorable specializing in the study of between the design on this shield and comparisons to Navajo/Apache Southwestern cultures, and author of rock art shields found in the La Sal pictograph shields. the book ‘‘Pueblo Shields From the Fred Mountains of Utah and in Weatherman Archeologist Carling Malouf (1944) Harvey Collection’’ (1976). These Draw in Montana. He also observes that suggested that the shields were modern scholars examined a wide body of the vertical orientation and grid-like in origin, although he did not offer an archeological and ethnographic patterning on CARE-12 is similar to opinion regarding who made them. evidence, including comparative artistic elements common in the Great Basin, Archeologist Marie Wormington (1955) motifs; construction techniques; tribal Plains, and Montane regions, but rare in found the Capitol Reef shields to oral traditions; and known origins, the Southwest region. He finds very resemble shield and shield-bearer historic distributions, and inter-tribal little similarity between the design pictographs attributed to the Fremont affiliations of ethnographic groups of elements of this shield and motifs Culture. Shield pictographs attributed to the Plains and Southwest. Each common to Southwestern rock art, the Fremont Culture exist near the area observed that assigning these shields, historic Puebloan shields, or other in which the Capitol Reef shields were the oldest dated shields known in North Puebloan painted iconographic objects. discovered. However, subsequent America, to a specific historic or Mr. Wright noted the use of bands with radiocarbon dating shows the shields to modern tribe by anthropological and dots on them in Jemez shields. significantly post-date the commonly scientific methods is problematic. These Regarding CARE-191, Dr. Loendorf accepted, archeologically derived researchers did not nor were they asked indicated the difficulty of assigning a Fremont Culture termination date of to offer advice or opinions regarding the cultural affiliation to this shield, but he A.D. 1300. potential repatriation of the shields to a tentatively suggests that it may be
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Puebloan in origin, and possibly from discovered outside of any identifiable the United States. The superintendent of the Pueblo of Jemez. His conclusion is cultural context, is particularly difficult. Capitol Reef National Park also based on the shield’s design, which is Consultation with representatives of determined that, pursuant to 43 CFR replicated on a Pueblo rock art shield the Navajo Nation indicates that the 10.2 (d)(3), the three shields are specific that dates to about the same period three shields were made by Many Goat ceremonial objects needed by traditional when the CARE shields were made. He White Hair and four other men and used Native American religious leaders for also noted that Jemez had allied with in a battle with the Spanish. After the the practice of traditional Native the Navajo in fights with the Spanish as battle, Many Goat White Hair hid the American religions by their present-day early as A.D. 1640. Mr. Lanford notes three shields in the rock crevice and adherents. Lastly, the superintendent of similarities between the black-dash prayed that they would be found in the Capitol Reef National Park determined lines and related artistic design future, as they have been. Many Goat that, pursuant to 43 CFR 10.2 (c), there elements and Apache parfleche painting White Hair’s clan affiliation was not is a relationship of shared group and beadwork designs. identified. However, nearly half of the identity that can be reasonably traced Regarding the three shields Navajo clans trace their ancestry to between the three shields and the collectively, Mr. Lanford identifies the other Native American groups, Navajo Nation, Arizona, New Mexico, clear glaze on each as a type of sizing including the Ma’iideeshgiizhinii, or and Utah. or varnish, applied to seal and protect Coyote Pass People, who are descendant This notice has been sent to officials the painted surface, which is typical of of people from Jemez Pueblo. of the Apache Tribe of Oklahoma; According to Kluckhohn, Hill, and painted rawhide objects originating Confederated Tribes of the Goshute Kluckhohn (1971), Navajo shields were outside of the Southwest culture area. Reservation, Nevada and Utah; Fort made by warriors under strict ritual Mr. Wright notes that most documented McDowell Mohave-Apache Indian conditions. Only men who knew one of Navajo shields were creased across the the war chants could make shields. The Community of the Fort McDowell middle so that they could be folded for war leader held a special Blessing Way Indian Reservation, Arizona; Fort Sill storage. The Capitol Reef shields are not over the shields while they were being Apache Tribe of Oklahoma; Hopi Tribe creased across the middle. Mr. Wright painted. The designs on a shield of Arizona; Jicarilla Apache Tribe of the also notes that the three shields are not represent the chantway in which the Jicarilla Apache Indian Reservation, similar to documented 19th century man went to war. New Mexico; Kaibab Band of Paiute Hopi shields. According to representatives of the Indians of the Kaibab Indian To date, no archeological sites Navajo Nation, the Naaye´e´ (Protection Reservation, Arizona; Las Vegas Tribe of directly attributable to Navajo Way) ceremony deals with the armor Paiute Indians of the Las Vegas Indian occupation have been identified within and shields of Navajo deities and Navajo Colony, Nevada; Mescalero Apache Capitol Reef National Park. However, people. People who have possession of Tribe of the Mescalero Reservation, New Navajo oral tradition places Navajo such shields must be knowledgeable in Mexico; Navajo Nation, Arizona, New ancestors in the park area prior to Euro- the proper songs, prayers, and oral Mexico and Utah; Paiute Tribe of Utah American settlement. Archeologists history of the Naaye´e´ ceremony. Jon (Cedar City, Indian Peak, Kanosh, continue to debate the evidence for Holiday, a recognized Naaye´e´ chanter, Koosharem, Shivwits Bands); Pueblo of Southern Athabaskan and Navajo/ has identified the designs and colors on Acoma, New Mexico; Pueblo of Cochiti, Apache cultural origins, linguistics, the three shields as representing earth, New Mexico; Pueblo of Isleta, New chronology, and territorial expansion. sky, sun rays, day and night, stars, and Mexico; Pueblo of Jemez, New Mexico; They generally concur, however, that the male and female mountains, as Pueblo of Laguna, New Mexico; Pueblo modern Navajo and Apache tribes are described in Navajo oral history. Mr. of Nambe, New Mexico; Pueblo of related, all having descended from an Holiday has indicated that he intends to Picuris, New Mexico; Pueblo of ancestral Southern Athabaskan culture. use the three shields in the Naaye´e´ Pojoaque, New Mexico; Pueblo of San Cultural anthropologists document that ceremony. The Naaye´e´ ceremony Ildefonso, New Mexico; Pueblo of San Apacheans (including Navajos) share provides individuals with a protective Juan, New Mexico; Pueblo of Sandia, mythological accounts of origins, barrier behind which they may regain New Mexico; Pueblo of Santa Ana, New culture heroes, and events; principles of strength, harmony, and balance after a Mexico; Pueblo of Santa Clara, New kinship and social organization; physical or mental illness. Mexico; Pueblo of Santo Domingo, New marriage customs and division of labor; On June 11, 2001, a representative of Mexico; Pueblo of Taos, New Mexico; religion; and other aspects of cultural the Navajo Nation requested repatriation Pueblo of Tesuque, New Mexico; Pueblo tradition. Linguists have identified of the three shields. The Navajo Nation of Zia, New Mexico; San Carlos Apache seven separate Southern Athabaskan or claim identified the three shields as Tribe of the San Carlos Reservation, Apachean-speaking groups, which sacred objects, indicating that they are Arizona; San Juan Southern Paiute Tribe include the Navajo. Navajo and many needed by Navajo traditional religious of Arizona; Southern Ute Indian Tribe of Apache languages are mutually leaders for the practice of the Naaye´e´ the Southern Ute Reservation, Colorado; intelligible. Glottochronological data (Protection Way) ceremony by present- Tonto Apache Tribe of Arizona; Ute suggest that the Apachean languages day adherents. The Navajo claim also Indian Tribe of the Uintah and Ouray began diverging, as a result of identified the three shields as objects of Reservation, Utah; Ute Mountain Tribe geographic separation, as recently as cultural patrimony, but did not provide of the Ute Mountain Reservation, A.D. 1300. Material culture traits documentation as to whether they were Colorado, New Mexico and Utah; White probably began diverging at considered inalienable by the Navajo in Mountain Apache Tribe of the Fort approximately the same time. However, the 1600s. Apache Reservation, Arizona; Yavapai- whether or not Navajo artifacts can be Based on the above-mentioned Apache Nation of the Camp Verde reliably differentiated from Apache information, the superintendent of Indian Reservation, Arizona; and Zuni artifacts between A.D. 1420 and A.D. Capitol Reef National Park determined Reservation, New Mexico. 1650 is a matter of professional opinion. that, pursuant to 43 CFR 10.2 (d), the Representatives of any other Indian tribe Making such a determination for the three shields are related to a tribe, that believes itself to be culturally Capitol Reef shields, which were people, or culture that is indigenous to affiliated with these cultural items
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should contact Albert J. Hendricks, point, one bone-toggling harpoon point, Corporation, and Native Village of Eyak. Superintendent, Capitol Reef National one stone end blade, one whetstone, and Representatives of any other Indian tribe Park, HC 70 Box 15, Torrey, UT 84775, two sea mammal bones. Based on that believes itself to be culturally telephone (435) 425-3791, extension archeological evidence, the Esther Bay affiliated with these unassociated 101, before January 7, 2002. Repatriation site is identified as a prehistoric funerary objects should contact Linda of the cultural items to the Navajo Chugach Eskimo burial cave. Chugach Finn Yarborough, Forest Archaeologist, Nation may begin after that date if no National Forest is not in possession or Chugach National Forest, 3301 C Street, additional claimants come forward. control of the human remains from Suite 300, Anchorage, AK 99503, Dated: October 19, 2001. these burial sites. telephone (907) 271-2511, facsimile In 1933, Frederica de Laguna John Robbins, (907) 271-2725, before January 7, 2002. investigated the Campbell Bay site, Repatriation of these unassociated Assistant Director, Cultural Resources located on the northwestern shore of Stewardship and Partnerships. funerary objects to the Chugach Alaska Glacier Island, Prince William Sound, Corporation may begin after that date if [FR Doc. 01–30339 Filed 12–6–01; 8:45 am] AK, and collected two sets of human no additional claimants come forward. BILLING CODE 4310–70–S remains from burials there. The human Dated: November 5, 2001. remains were curated at the National Museum of Denmark, Copenhagen, and John Robbins, DEPARTMENT OF THE INTERIOR were previously repatriated to the Assistant Director, Cultural Resources Stewardship and Partnerships. National Park Service Chugach Alaska Corporation. In 1981, U.S. Department of the [FR Doc. 01–30349 Filed 12–6–01; 8:45 am] Notice of Intent to Repatriate Cultural Interior, Bureau of Indian Affairs and BILLING CODE 4310–70–S Items in the Possession of the U.S. U.S. Department of the Interior, National Park Service, Cooperative Park Department of Agriculture, U.S. Forest DEPARTMENT OF THE INTERIOR Service, Chugach National Forest, Studies Unit archaeologists conducted a Anchorage, AK survey of the same site, a 14(h)(1) selection, and located the area from National Park Service AGENCY: National Park Service, Interior. which de Laguna had removed the Notice of Inventory Completion for ACTION: Notice. human remains. No human remains Native American Human Remains and were located during the 1981 survey, Notice is hereby given in accordance Associated Funerary Objects in the but 10 cultural items were recovered Possession of the Michael C. Carlos with provisions of the Native American from the burial site: 7 blue and 2 white Graves Protection and Repatriation Act, Museum, Emory University, Atlanta, glass beads, along with 1 small piece of GA 43 CFR 10.10 (a)(3), of the intent to red ochre. Based on archeological repatriate cultural items in the evidence, the Campbell Bay site is AGENCY: National Park Service, Interior. possession of the U.S. Department of identified as a postcontact, late 18th- ACTION: Notice. Agriculture, U.S. Forest Service, century Chugach Eskimo burial cave. Chugach National Forest, Anchorage, Chugach National Forest is not in Notice is hereby given in accordance AK, that meet the definition of possession or control of human remains with provisions of the Native American ‘‘unassociated funerary objects’’ under from these burial sites. Graves Protection and Repatriation Act Section 2 of the Act. Based on the above-mentioned (NAGPRA), 43 CFR 10.9, of the This notice is published as part of the information, officials of Chugach completion of an inventory of human National Park Service’s administrative National Forest have determined that, remains and associated funerary objects responsibilities under NAGPRA, 43, pursuant to 43 CFR 10.2 (d)(2)(ii), these in the possession of the Michael C. CFR 10.2 (c). The determinations within 16 cultural items are reasonably Carlos Museum, Emory University, this notice are the sole responsibility of believed to have been placed with or Atlanta, GA. the museum, institution, or Federal near individual human remains at the This notice is published as part of the agency that has control of the cultural time of death or later as part of the death National Park Service’s administrative items. The National Park Service is not rite or ceremony and are believed, by a responsibilities under NAGPRA, 43 CFR responsible for the determinations preponderance of the evidence, to have 10.2 (c). The determinations within this within this notice. been removed from specific burial sites notice are the sole responsibility of the The 16 objects are 1 bone harpoon of Native American individuals. museum, institution, or Federal agency point, 1 bone-toggling harpoon point, 1 Officials of Chugach National Forest that has control of these Native stone end blade, 1 whetstone, 2 sea also have determined that, pursuant to American human remains and mammal bones, 9 glass beads, and 1 43 CFR 10.2 (e), there is a relationship associated funerary objects. The small piece of red ochre. of shared group identity that can National Park Service is not responsible In 1981, U.S. Department of the reasonably be traced between these for the determinations within this Interior, Bureau of Indian Affairs and unassociated funerary objects and the notice. U.S. Department of the Interior, Native Village of Chenega and Native A detailed assessment of the human National Park Service, Cooperative Park Village of Tatitlek, which are remains was made by Michael C. Carlos Studies Unit archeologists conducted a represented by Chugach Alaska Museum professional staff in survey of the Esther Bay site, a 14(h)(1) Corporation. consultation with representatives of the selection on the southern side of Esther This notice has been sent to officials Alabama-Quassarte Tribal Town, Island, Prince William Sound, AK. of the Chugach Alaska Corporation, Oklahoma; Cherokee Nation, Oklahoma; Cultural items, along with human Chenega Corporation, Native Village of Eastern Band of Cherokee Indians of remains, were collected from two burial Chenega, Tatitlek Corporation, Native North Carolina; Kialegee Tribal Town, sites. The human remains from these Village of Tatitlek, English Bay Oklahoma; Muscogee (Creek) Nation, sites were were reinterred at the original Corporation, Native Villages of Oklahoma; Poarch Band of Creek burial location in the spring of 1990. Nanwalek, Port Graham Corporation, Indians of Alabama; Thlopthlocco The cultural items are one bone harpoon Native Village of Port Graham, Eyak Tribal Town, Oklahoma; and United
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Keetoowah Band of Cherokee Indians of these Native American human remains ACTION: Notice. Oklahoma. and associated funerary objects and the Between 1925 and 1928, human Alabama-Quassarte Tribal Town, SUMMARY: Notice is hereby given that remains representing two individuals Oklahoma; Kialegee Tribal Town, the U.S. International Trade were excavated from Mound C, Etowah Oklahoma; Miccosukee Tribe of Indians Commission has decided to grant-in- site, Bartow County, GA, by an of Florida; Muscogee (Creek) Nation, part a joint motion for termination of the unknown person under the direction Oklahoma; Poarch Band of Creek above-captioned investigation based on Warren K. Moorehead, of Phillips Indians of Alabama; Seminole Nation of a settlement agreement. Academy, Andover, MA. Prior to 1932 Oklahoma; Seminole Tribe of Florida, FOR FURTHER INFORMATION CONTACT: the remains and associated funerary Dania, Big Cypress, Brighton, David I. Wilson, Esq., Office of the objects were donated to the Michael C. Hollywood & Tampa Reservations; and General Counsel, U.S. International Carlos Museum by Phillips Academy. Thlopthlocco Tribal Town, Oklahoma. Trade Commission, telephone 202–708– No known individuals were identified. This notice has been sent to officials 2310. General information concerning The 21 associated funerary objects are 2 of the Alabama-Quassarte Tribal Town, the Commission also may be obtained shell vessels, 1 grinding stone (pestle?), Oklahoma; Cherokee Nation, Oklahoma; by accessing its Internet server (http:// 1 projectile point, 1 whelk columella Eastern Band of Cherokee Indians of www.usitc.gov). Hearing-impaired pendant (?), 1 lot of freshwater pearl North Carolina; Kialegee Tribal Town, individuals can obtain information beads, and 15 lots of shell beads. Oklahoma; Miccosukee Tribe of Indians concerning this matter by contacting the The Etowah site is located on the of Florida; Muscogee (Creek) Nation, Commission’s TDD terminal at 202– north bank of the Etowah River, near Oklahoma; Poarch Band of Creek 205–1810. The public record for this present-day Cartersville in northeastern Indians of Alabama; Seminole Nation of investigation may be viewed on the Georgia. Archeological evidence Oklahoma; Seminole Tribe of Florida, Commission’s electronic docket (EDIS– documents that the site was inhabited Dania, Big Cypress, Brighton, ON–LINE) at http://dockets.usitc.gov/ from A.D. 800-1550, spanning the Hollywood & Tampa Reservations; eol/public. entirety of the Mississippian culture, Thlopthlocco Tribal Town, Oklahoma; SUPPLEMENTARY INFORMATION: The through its Early, Middle, and Late and United Keetoowah Band of Commission instituted the investigation periods. The site is believed to have Cherokee Indians of Oklahoma. to determine whether there is a housed several thousand inhabitants at Representatives of any other Indian tribe violation of section 337 of the Tariff Act its peak, circa A.D. 1300, making it one that believes itself to be culturally of 1930 in the importation into the of the largest Middle Mississippian affiliated with these human remains and United States, the sale for importation, period settlements in the southeastern associated funerary objects should and the sale within the United States United States. contact Todd Lamkin, Registrar, after importation of certain bar clamps, The burials were excavated from Michael C. Carlos Museum, Emory bar clamp pads, and related packaging, Mound C at the Etowah site. Mound C University, Atlanta, GA 30322, display, and other materials. The is the third largest of seven mounds at telephone (404) 727-4456, before complainants were American Tool the site and the only burial mound. January 7, 2002. Repatriation of the Companies, Inc., and its subsidiary, Radiocarbon 14 dating has dated burials human remains and associated funerary Peterson Manufacturing Co., Inc. The associated with the mound to A.D. 800- objects to the Alabama-Quassarte Tribal respondents were Wolfcraft GmbH and 1400. There is no absolute archeological Town, Oklahoma; Kialegee Tribal Town, Wolfcraft, Inc. The complainants alleged proof that links the site with any Oklahoma; Miccosukee Tribe of Indians that the respondents’ imported modern day tribe. However, of Florida; Muscogee (Creek) Nation, merchandise infringes claims of a U.S. consultations and studies with the Oklahoma; Poarch Band of Creek patent owned by complainants, federally recognized Cherokee and Indians of Alabama; Seminole Nation of infringes complainants’ registered Muscogeean (Creek) tribes have Oklahoma; Seminole Tribe of Florida, trademark, and misappropriated indicated that there is a reasonable link Dania, Big Cypress, Brighton, complainants’ trade dress. See 65 FR to a shared group identity with the Hollywood & Tampa Reservations; and 13307 (Mar. 13, 2001). Muscogeean-speaking tribes of today Thlopthlocco Tribal Town, Oklahoma The patent-based portion of the based on historical documents, early may begin after that date if no complaint was deemed withdrawn and maps, certain common lifeway traits, additional claimants come forward. that portion of the investigation was and linguistic evidence. terminated when the Commission Based on the above-mentioned Dated: November 5, 2001. granted complainants’ motion to amend information, officials of the Michael C. Robert D. Stearns, the complaint and notice of Carlos Museum have determined that, Manager, National NAGPRA Program. investigation (Motion No. 429–4) (Sept. pursuant to 43 CFR 10.2 (d)(1), the [FR Doc. 01–30348 Filed 12–6–01; 8:45 am] 6, 2000). See Commission Order (Jan. 4, human remains listed above represent BILLING CODE 4310–70–S 2001) and Commission Opinion (Jan. 4, the physical remains of two individuals 2001). of Native American ancestry. Officials of On March 13, 2001, the ALJ issued his the Michael C. Carlos Museum also have INTERNATIONAL TRADE final ID, pursuant to 19 CFR determined that, pursuant to 43 CFR COMMISSION 210.42(a)(1), holding that there is no 10.2 (d)(2), the 21 objects listed above violation of section 337 in the are reasonably believed to have been [Investigation No. 337–TA–429] importation and sale of the respondents’ placed with or near individual human Certain Bar Clamps, Bar Clamp Pads, merchandise. remains at the time of death or later as and Related Packaging, Display and On July 3, 2001, complainants and part of the death rite or ceremony. Other Materials; Notice of Commission respondents filed a joint motion (Motion Lastly, officials of the Michael C. Carlos Decision To Grant-In-Part a Joint No. 429–10C) in which they sought (a) Museum have determined that, Motion for Termination of Investigation vacatur of the final ID, (2) termination pursuant to 43 CFR 10.2 (e), there is a of the investigation with prejudice and relationship of shared group identity AGENCY: U.S. International Trade (3) withdrawal of respondents’ that can be reasonably traced between Commission. sanctions motion.
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The Commission denied the requests and, after the investigation, issue a (a) The complainant is: Integrated in the joint motion that the investigation permanent exclusion order and Circuit Systems, Inc., 2435 Boulevard of be terminated with prejudice, and permanent cease and desist order. the Generals, Valley Forge, granted the requests that the ID be ADDRESSES: The complaint and Pennsylvania 19428. vacated and that respondents’ motion supplements, except for any (b) The respondent is the following for sanctions be withdrawn. confidential information contained company alleged to be in violation of The authorities for this action are therein, are available for inspection section 337, and is the party upon section 337(c) of the Tariff Act of 1930, during official business hours (8:45 a.m. which the complaint is to be served: 19 U.S.C. 1337(c), and Commission to 5:15 p.m.) in the Office of the Cypress Semiconductor Corp., 3901 rules 210.46(a) and 210.42(h)(2) and (i), Secretary, U.S. International Trade North First Street, San Jose, California 19 CFR 210.46(a), and 210.42(h)(2) and Commission, 500 E Street, SW., Room 95134. (i). 112, Washington, DC 20436, telephone (c) Jeffrey R. Whieldon, Esq., Office of All nonconfidential documents filed 202–205–2000. Hearing impaired Unfair Import Investigations, U.S. in the investigation are or will be individuals are advised that information International Trade Commission, 500 E available for public inspection during on this matter can be obtained by Street, SW., Room 401, Washington, DC official business hours (8:45 a.m. to 5:15 contacting the Commission’s ADD 20436, who shall be the Commission p.m.) in the Commission’s Office of the terminal on 202–205–1810. Persons investigative attorney, party to this Secretary, Dockets Branch, 500 E Street, with mobility impairments who will investigation; SW., Room 112, Washington, DC 20436, need special assistance in gaining access (3) For the investigation so instituted, telephone 202–205–1802. to the Commission should contact the the Honorable Paul J. Luckern is By Order of the Commission. Office of the Secretary at 202–205–2000. designated as the presiding Issued: December 3, 2001. General information concerning the administrative law judge; and Donna R. Koehnke, Commission may also be obtained by (4) The Commission has determined Secretary. accessing its Internet server at http:// to assign this investigation to Judge [FR Doc. 01–30362 Filed 12–6–01; 8:45 am] www.usitc.gov. The public record for Luckern, who is the presiding this investigation may be viewed on the BILLING CODE 7020–02–P administrative law judge in Certain Commission’s electronic docket (EDIS– Power Saving Integrated Circuits and ON–LINE) at http://dockets.usitc.gov/ Products Containing Same, Inv. No. INTERNATIONAL TRADE eol/public. 337–TA–463, in view of the overlapping COMMISSION FOR FURTHER INFORMATION CONTACT: subject matter in the two investigations. Jeffrey R. Whieldon, Esq., Office of [Inv. No. 337–TA–465] The presiding administrative law judge Unfair Import Investigations, U.S. is authorized to consolidate Inv. No. Certain Semiconductor Timing Signal International Trade Commission, 337–TA–463 and this investigation if he Generator Devices, Components telephone 202–205–2580. deems it appropriate. Thereof, and Products Containing Authority: The authority for institution of Responses to the complaint and the Same; Notice of Investigation this investigation is contained in section 337 notice of investigation must be of the Tariff Act of 1930, as amended, and submitted by the named respondent in AGENCY: U.S. International Trade in section 210.10 of the Commission’s Rules accordance with section 210.13 of the Commission. of Practice and Procedure, 19 CFR 210.10 Commission’s Rules of Practice and (2001). ACTION: Institution of investigation Procedure, 19 CFR 210.13. Pursuant to pursuant to 19 U.S.C. 1337. Scope of Investigation 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the SUMMARY: Notice is hereby given that a Having considered the complaint, the Commission if received no later than 20 complaint was filed with the U.S. U.S. International Trade Commission, days after the date of service by the International Trade Commission on on December 3, 2001, Ordered That— Commission of the complaint and the November 5, 2001, under section 337 of (1) Pursuant to subsection (b) of notice of investigation. Extensions of the Tariff Act of 1930, as amended, 19 section 337 of the Tariff Act of 1930, as time for submitting responses to the U.S.C. 1337, on behalf of Integrated amended, an investigation be instituted complaint will not be granted unless Circuit Systems, Inc. of Valley Forge, to determine whether there is a good cause therefor is shown. Pennsylvania. Supplements to the violation of subsection (a)(1)(B) of complaint were filed on November 14 section 337 in the importation into the Failure of a respondent to file a timely and 26, 2001. The complaint, as United States, the sale for importation, response to each allegation in the supplemented, alleges violations of or the sale within the United States after complaint and in this notice may be section 337 in the importation into the importation of certain semiconductor deemed to constitute a waiver of the United States, the sale for importation, timing signal generator devices, right to appear and contest the and the sale within the United States components thereof, and products allegations of the complaint and to after importation of certain containing same, by reason of authorize the administrative law judge semiconductor timing signal generator infringement of claim 9 of U.S. Letters and the Commission, without further devices, components thereof, and Patent 5,036,216 or claim 6 of U.S. notice to that respondent, to find the products containing same, by reason of Letters Patent 5,703,537, and whether facts to be as alleged in the complaint infringement of claim 9 of U.S. Letters an industry in the United States exists and this notice and to enter both an Patent 5,036,216 and claim 6 of U.S. as required by subsection (a)(2) of initial determination and a final Letters Patent 5,703,537. The complaint section 337. determination containing such findings, further alleges that an industry in the (2) For the purpose of the and may result in the issuance of a United States exists as required by investigation so instituted, the following limited exclusion order or a cease and subsection (a)(2) of section 337. are hereby named as parties upon which desist order or both directed against that The complainant requests that the this notice of investigation shall be respondent. Commission institute an investigation served: By order of the Commission.
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Issued: December 3, 2001. (INS) has submitted the following (4) Affected public who will be asked Donna R. Koehnke, information collection request to the or required to respond, as well as a brief Secretary. Office of Management and Budget abstract: Primary: Individuals or [FR Doc. 01–30363 Filed 12–6–01; 8:45 am] (OMB) for review and clearance in Households. This form is prescribed by BILLING CODE 7020–02–P accordance with the Paperwork the Attorney General for the INS for use Reduction Act of 1995. The information by masters, owners or agents of vessels collection was previously published in in complying with sections 231 and 251 INTERNATIONAL TRADE the Federal Register on August 16, 2001 of the Immigration and Nationality Act. COMMISSION at 66 FR 43031, allowing for a 60-day (5) As estimate of the total number of public comment period. No public respondents and the amount of time [USITC SE–01–042] comment was received on this estimated for an average respondent to Sunshine Act Meeting information collection. respond: 95,000 responses at 1 hour per The purpose of this notice is to allow response. AGENCY HOLDING THE MEETING: United an additional 30 days for public (6) An estimate of the total public States International Trade Commission. comments. Comments are encouraged burden (in hours) associated with the Time and Date: December 13, 2001 at and will be accepted until January 7, collection: 95,000 annual burden hours. 2 p.m. 2002. This process is conducted in If you have additional comments, Place: Room 101, 500 E Street SW., accordance with 5 CFR 1320.10. suggestions, or need a copy of the Washington, DC 20436, Telephone: Written comments and/or suggestions proposed information collection (202) 205–2000. regarding the items contained in this instrument with instructions, or Status: Open to the public. notice, especially regarding the additional information, please contact Matters to be Considered: estimated public burden and associated Richard A. Sloan 202–514–3291, 1. Agenda for future meeting: None. response time, should be directed to the Director, Policy Directives and 2. Minutes. Office of Management and Budget, Instructions Branch, Immigration and 3. Ratification List. Office of Information and Regulatory Naturalization Service, U.S. Department 4. Inv. Nos. 731–TA–267–268 Affairs, Attention: Department of Justice of Justice, Room 4034, 425 I Street, NW., (Review)(Remand)(Top-of-Stove Desk Officer, 725—17th Street, NW., Washington, DC 20536. Additionally, Stainless Steel Cooking Ware from Room 10235, Washington, DC 20530. comments and/or suggestions regarding Korea and Taiwan)—briefing and vote. Written comments and suggestions the item(s) contained in this notice, (The Commission is currently scheduled from the public and affected agencies especially regarding the estimated to transmit its views on remand to the concerning the proposed collection of public burden and associated response Court of International Trade on information should address one or more time may also be directed to Mr. December 26, 2001.) of the following four points: Richard A. Sloan. 5. Inv. No. 731–TA–921 (1) Evaluate whether the proposed If additional information is required (Final)(Folding Gift Boxes from collection of information is necessary contact: Mr. Robert B. Briggs, Clearance China)—briefing and vote. (The for the proper performance of the Officer, United States Department of Commission is currently scheduled to functions of the agency, including Justice, Information Management and transmit its determination to the whether the information will have Security Staff, Justice Management Secretary of Commerce on December 21, practical utility; Division, Patrick Henry Building, 601 D 2001.) (2) Evaluate the accuracy of the Street, NW., Ste. 1600, Washington, DC 6. Outstanding action jackets: None. agency’s estimate of the burden of the 20530. In accordance with Commission proposed collection of information, Dated: November 29, 2001. policy, subject matter listed above, not including the validity of the disposed of at the scheduled meeting, methodology and assumptions used; Richard A. Sloan, may be carried over to the agenda of the (3) Enhance the quality, utility, and Department Clearance Officer, United States following meeting. Earlier clarity of the information to be Department of Justice, Immigration and announcement of this meeting was not collected; and Naturalization Service. possible. (4) Minimize the burden of the [FR Doc. 01–30313 Filed 12–6–01; 8:45 am] Issued: December 5, 2001. collection of information on those who BILLING CODE 4410–10–M By order of the Commission: are to respond, including through the use of appropriate automated, Donna R. Koehnke, DEPARTMENT OF JUSTICE Secretary. electronic, mechanical, or other technological collection techniques or [FR Doc. 01–30450 Filed 12–5–01; 2:06 pm] Immigration and Naturalization Service other forms of information technology, BILLING CODE 7020–02–P e.g., permitting electronic submission of Agency Information Collection responses. Activities: Proposed Collection; Overview of this information Comment Request DEPARTMENT OF JUSTICE collection: (1) Type of Information Collection: ACTION: Immigration and Naturalization Service Notice of information collection Extension of a currently approved under Review: Application for Agency Information Collection information collection. certificate of citizenship on behalf of an (2) Title of the Form/Collection: Activities: Proposed Collection; adopted child. Passenger List, Crew List. Comment Request (3) Agency form number, if any, and The Department of Justice, ACTION: Notice of information collection the applicable component of the Immigration and Naturalization Service under review: Passenger list, crew list. Department of Justice sponsoring the (INS) has submitted the following collection: Form I–418, Inspection information collection request to the The Department of Justice, Division, Immigration and Office of Management and Budget Immigration and Naturalization Service Naturalization Service. (OMB) for review and clearance in
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accordance with the Paperwork (4) Affected public who will be asked the Federal Register on August 8, 2001 Reduction Act of 1995. The information or required to respond, as well as a brief at 66 FR 41806, allowing for a 60-day collection was previously published in abstract: Primary: Individuals or public comment period. No public the Federal Register on October 15, Households. This information collection comment was received on this 2001, at 66 FR 52456, allowing for a 60- allows United States citizen parents to information collection. day public comment period. No apply for a certificate of citizenship on The purpose of this notice is to allow comments were received by the INS on behalf of their adopted alien children. an additional 30 days for public this proposed information collection. (5) An estimate of the total number of comments. Comments are encouraged The purpose of this notice is to allow respondents and the amount of time and will be accepted until January 7, an additional 30 days for public estimated for an average respondent to 2002. This process is conducted in comments. Comments are encouraged respond: 11,159 responses at 1 hour per accordance with 5 CFR 1320.10. and will be accepted until January 7, response. Written comments and/or suggestions 2002. This process is conducted in (6) An estimate of the total public regarding the items contained in this accordance with 5 CFR 1320.10. burden (in hours) associated with the notice, especially regarding the Written comments and/or suggestions collection: 11,159 annual burden hours. estimated public burden and associated regarding the items contained in this If you have additional comments, response time, should be directed to the notice, especially regarding the suggestions, or need a copy of the Office of Management and Budget, estimated public burden and associated proposed information collection Office of Information and Regulatory response time, should be directed to the instrument with instructions, or Affairs, Attention: Department of Justice Office of Management and Budget, additional information, please contact Desk Officer, 725—17th Street, NW., Office of Information and Regulatory Richard A. Sloan 202–514–3291, Room 10235, Washington, DC 20530. Affairs, Attention: Department of Justice Director, Policy Directives and Written comments and suggestions Desk Officer, 725 17th Street, NW., Instructions Branch, Immigration and from the public and affected agencies Room 10235, Washington, DC 20530; Naturalization Service, U.S. Department concerning the proposed collection of 202–395–7316. of Justice, Room 4034, 425 I Street, NW., information should address one more of Written comments and suggestions Washington, DC 20536. Additionally, the following four points: from the public and affected agencies comments and/or suggestions regarding (1) Evaluate whether the proposed concerning the proposed collection of the item(s) contained in this notice, collection of information is necessary information should address one or more especially regarding the estimated for the proper performance of the of the following four points: public burden and associated response functions of the agency, including (1) Evaluate whether the proposed time may also be directed to Mr. whether the information will have collection of information is necessary Richard A. Sloan. practical utility; for the proper performance of the If additional information is required (2) Evaluate the accuracy of the functions of the agency, including contact: Mr. Robert B. Briggs, Clearance agency’s estimate of the burden of the whether the information will have Officer, United States Department of proposed collection of information, practical utility; Justice, Information Management and including the validity of the methodology and assumptions used; (2) Evaluate the accuracy of the Security Staff, Justice Management (3) Enhance the quality, utility, and agency’s estimate of the burden of the Division, Suite 850, Washington Center, clarity of the information to be proposed collection of information, 1001 G Street, NW., Washington, DC 20530. collected; and including the validity of the (4) Minimize the burden of the methodology and assumptions used; Dated: November 30, 2001. collection of information on those who (3) Enhance the quality, utility, and Richard A. Sloan, are to respond, including through the clarity of the information to be Department Clearance Officer, United States use of appropriate automated, collected; and Department of Justice, Immigration and electronic, mechanical, or other (4) Minimize the burden of the Naturalization Service. technological collection techniques or collection of information on those who [FR Doc. 01–30314 Filed 12–6–01; 8:45 am] other forms of information technology, are to respond, including through the BILLING CODE 4410–10–M e.g., permitting electronic submission of use of appropriate automated, responses. electronic, mechanical, or other Overview of this information technological collection techniques or DEPARTMENT OF JUSTICE collection: other forms of information technology, (1) Type of Information Collection: Immigration and Naturalization Service e.g., permitting electronic submission of Extension of a currently approved responses. Agency Information Collection information collection. Overview of this information (2) Title of the Form/Collection: collection: Activities: Proposed Collection; Comment Request Aircraft/Vessel Report. (1) Type of Information Collection: (3) Agency form number, if any, and Extention of currently approved ACTION: Notice of information collection the applicable component of the collection. under review: Aircraft/vessel report. Department of Justice sponsoring the (2) Title of the Form/Collection: collection: Form I–92, Inspections Application for Certification of The Department of Justice, Division, Immigration and Citizenship in Behalf of an Adopted Immigration and Naturalization Service Naturalization Service. Child. (INS) has submitted the following (4) Affected public who will be asked (3) Agency form number, if any, and information collection request to the or required to respond, as well as a brief the applicable component of the Office of Management and Budget abstract: Primary Individuals or Department of Justice sponsoring the (OMB) for review and clearance in Households. This form is part of the collection: Form N–643, Adjudications accordance with the Paperwork manifest requirements of Section 231 Division, Immigration and Reduction Act of 1995. The information and 251 of the Immigration and Naturalization Service. collection was previously published in Nationality Act and is used by the
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Immigration and Naturalization Service public comment period. No public engaging in a commercial enterprise, and other agencies for data collection comment was received on this must petition the Immigration and and statistical analysis. information collection. Naturalization Service. (5) An estimate of the total number of The purpose of this notice is to allow (5) An estimate of the total number of respondents and the amount of time an additional 30 days for public respondents and the amount of time estimated for an average respondent to comments. Comments are encouraged estimated for an average respondent to respond: 720,000 responses at 11 and will be accepted until January 7, respond: 1,368 responses at 1 hour and minutes (.183 hours) per response. 2002. This process is conducted in 15 minutes (1.25 hours) per response. (6) An estimate of the total public accordance with 5 CFR 1320.10. (6) An estimate of the total public burden (in hours) associated with the Written comments and/or suggestions burden (in hours) associated with the collection: 129,600 annual burden regarding the items contained in this collection: 1,710 annual burden hours. hours. notice, especially regarding the If you have additional comments, If you have additional comments, estimated public burden and associated suggestions, or need a copy of the suggestions, or need a copy of the response time, should be directed to the proposed information collection proposed information collection Office of Management and Budget, instrument with instructions, or instrument with instructions, or Office of Information and Regulatory additional information, please contact additional information, please contact Affairs, Attention: Department of Justice Richard A. Sloan, 202–514–3291, Richard A. Sloan 202–514–3291, Desk Officer, 725—7th Street, NW., Director, Policy Directives and Director, Policy Directives and Room 10235, Washington, DC 20530. Instructions Branch, Immigration and Instructions Branch, Immigration and Written comments and suggestions Naturalization Service, U.S. Department Naturalization Service, U.S. Department from the public and affected agencies of Justice, Room 4034, 425 I Street, NW., of Justice, Room 4034, 425 I Street, NW., concerning the proposed collection of Washington, DC 20536. Additionally, Washington, DC 20536. Additionally, information should address one or more comments and/or suggestions regarding comments and/or suggestions regarding of the following four points: the item(s) contained in this notice, the item(s) contained in this notice, (1) Evaluate whether the proposed especially regarding the estimated especially regarding the estimated collection of information is necessary public burden and associated response public burden and associated response for the proper performance of the time may also be directed to Mr. time may also be directed to Mr. functions of the agency, including Richard A. Sloan. Richard A. Sloan. whether the information will have If additional information is required If additional information is required practical utility; contact: Mr. Robert B. Briggs, Clearance contact: Mr. Robert B. Briggs, Clearance (2) Evaluate the accuracy of the Officer, United States Department of Officer, United States Department of agency’s estimate of the burden of the Justice, Information Management and Justice, Information Management and proposed collection of information, Security Staff, Justice Management Security Staff, Justice Management including the validity of the Division, Patrick Henry Building, 601 D Division, Patrick Henry Building, 601 D methodology and assumptions used; Street, NW., Ste. 1600, Washington, DC Street, NW., Ste. 1600, Washington, DC (3) Enhance the quality, utility, and 20530. 20530. clarity of the information to be collected; and Dated: November 30, 2001. Dated: November 30, 2001. (4) Minimize the burden of the Richard A. Sloan, Richard A. Sloan, collection of information on those who Department Clearance Officer, United States Department Clearance Officer, United States are to respond, including through the Department of Justice, Immigration and Department of Justice, Immigration and use of appropriate automated, Naturalization Service. Naturalization Service. electronic, mechanical, or other [FR Doc. 01–30316 Filed 12–6–01; 8:45 am] [FR Doc. 01–30315 Filed 12–6–01; 8:45 am] technological collection techniques or BILLING CODE 4410–10–M BILLING CODE 4410–10–M other forms of information technology, e.g., permitting electronic submission of responses. DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Overview of this information Immigration and Naturalization Service collection: Immigration and Naturalization Service (1) Type of Information Collection: Agency Information Collection Agency Information Collection Extension of a Currently Approved Activities: Proposed Collection; Activities: Proposed Collection; Information Collection. Comment Request Comment Request (2) Title of the Form/Collection: Immigrant Petition by Alien ACTION: Notice of information collection ACTION: Notice of information collection Entrepreneur. under review: Application for under review: Immigrant petition by (3) Agency form number, if any, and transmission of citizenship through a alien entrepreneur. the applicable component of the grandparent. Department of Justice sponsoring the The Department of Justice, collection: Form I–526, Immigration The Department of Justice, Immigration and Naturalization Service Services Division, Immigration and Immigration and Naturalization Service (INS) has submitted the following Naturalization Service. (INS) has submitted the following information collection request to the (4) Affected public who will be asked information collection request to the Office of Management and Budget or required to respond, as well as a brief Office of Management and Budget (OMB) for review and clearance in abstract: Primary: Individuals or (OMB) for review and clearance in accordance with the Paperwork Households. This form is used by accordance with the Paperwork Reduction Act of 1995. The information qualified immigrants seeking to enter Reduction Act of 1995. The information collection was previously published in the United States under section collection was previously published in the Federal Register on July 27, 2001 at 203(b)(5) of the Immigration and the Federal Register on October 15, 66 FR 39206, allowing for a 60-day Nationality Act for the purpose of 2001 at 66 FR 52456, allowing for a 60-
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day public comment period. No public her children, to use a citizen the Federal Register on September 28, comment was received on this grandparent’s residence for 2001 at 66 FR 49697, allowing for a 60- information collection. transmission. This form is required so day public comment period. No public The purpose of this notice is to allow that information on a grandparent’s comments were received on this an additional 30 days for public residence may be collected to establish information collection. comments. Comments are encouraged a child’s eligibility for naturalization. The purpose of this notice is to allow and will be accepted until January 7, (5) An estimate of the total number of an additional 30 days for public 2002. This process is conducted in respondents and the amount of time comments. Comments are encouraged accordance with 5 CFR 1320.10. estimated for an average respondent to and will be accepted until January 7, Written comments and/or suggestions respond: 9,641 responses at 30 minutes 2002. This process is conducted in regarding the items contained in this (.50 hours) per response. accordance with 5 CFR 1320.10. notice, especially regarding the (6) An estimate of the total public Written comments and/or suggestions estimated public burden and associated burden (in hours) associated with the regarding the items contained in this response time, should be directed to the collection: 4,820 annual burden hours. notice, especially regarding the Office of Management and Budget, If you have additional comments, estimated public burden and associated Office of Information and Regulatory suggestions, or need a copy of the response time, should be directed to the Affairs, Attention: Department of Justice proposed information collection Office of Management and Budget, Desk Officer, 725—17th Street, NW., instrument with instructions, or Office of Information and Regulatory Room 10235, Washington, DC 20530. additional information, please contact Affairs, Attention: Department of Justice Written comments and suggestions Richard A. Sloan 202–514–3291, Desk Officer, 725—17th Street, NW., from the public and affected agencies Director, Policy Directives and Room 10235, Washington, DC 20530. concerning the proposed collection of Instructions Branch, Immigration and Written comments and suggestions information should address one or more Naturalization Service, U.S. Department from the public and affected agencies of the following four points: of Justice, 425 I Street, NW., Room 4034, concerning the proposed collection of (1) Evaluate whether the proposed Washington, DC 20536. Additionally, information should address one or more collection of information is necessary comments and/or suggestions regarding of the following four points: for the proper performance of the the item(s) contained in this notice, (1) Evaluate whether the proposed functions of the agency, including especially regarding the estimated collection of information is necessary whether the information will have public burden and associated response for the proper performance of the practical utility; time may also be directed to Mr. functions of the agency, including (2) Evaluate the accuracy of the Richard A. Sloan. whether the information will have agency’s estimate of the burden of the If additional information is required practical utility; proposed collection of information, contact: Mr. Robert B. Briggs, Clearance (2) Evaluate the accuracy of the including the validity of the Officer, United States Department of agency’s estimate of the burden of the methodology and assumptions used; Justice, Information Management and proposed collection of information, (3) Enhance the quality, utility, and Security Staff, Justice Management including the validity of the clarity of the information to be Division, Patrick Henry Building, 601 D methodology and assumptions used; collected; and Street, NW., Suite 1600, Washington, (3) Enhance the quality, utility, and (4) Minimize the burden of the DC 20530. collection of information on those who clarity of the information to be are to respond, including through the Dated: November 30, 2001. collected; and use of appropriate automated, Richard A. Sloan, Minimize the burden of the collection electronic, mechanical, or other Department Clearance Officer, United States of information on those who are to technological collection techniques or Department of Justice, Immigration and respond, including through the use of other forms of information technology, Naturalization Service. appropriate automated, electronic, e.g., permitting electronic submission of [FR Doc. 01–30317 Filed 12–6–01; 8:45 am] mechanical, or other technological responses. BILLING CODE 4410–10–M collection techniques or other forms of Overview of this information information technology, e.g., permitting collection: electronic submission of responses. (1) Type of Information Collection: DEPARTMENT OF JUSTICE Overview of this information Extension of a currently approved collection: Immigration and Naturalization Service information collection. (1) Type of Information Collection: Extension of a currently approved (2) Title of the Form/Collection: Agency Information Collection collection. Application for Transmission of Activities: Proposed Collection; (2) Title of the Form/Collection: Citizenship Through a Grandparent. Comment Request (3) Agency form number, if any, and Petition to Remove Conditions on the applicable component of the ACTION: Notice of information collection Residence. Department of Justice sponsoring the under review: Petition to remove (3) Agency form number, if any, and collection: Form N–600/N–643, conditions on residence. the applicable component of the Adjudications Division, Immigration Department of Justice sponsoring the and Naturalization Service. The Department of Justice, collection: Form I–751, Adjudications, (4) Affected public who will be asked Immigration and Naturalization Service Division, Immigration and or required to respond, as well as a brief (INS) has submitted the following Naturalization Service. abstract: Primary: Individuals or information collection request to the (4) Affected public who will be asked Households. Section 322 of the Office of Management and Budget or required to respond, as well as a brief Immigration and Nationality Act (OMB) for review and clearance in abstract: Primary: Individuals or Technical Corrections Act of 1994 accordance with the Paperwork Households. Persons granted enables a U.S. citizen parent, who is Reduction Act of 1995. The information conditional residence through marriage unable to transmit citizenship of his or collection was previously published in to a United States citizen or permanent
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resident use this form to petition for the The determinations in these decisions Further information and self- removal of those conditions. of prevailing rates and fringe benefits explanatory forms for the purpose of (5) An estimate of the total number of have been made in accordance with 29 submitting this data may be obtained by respondents and the amount of time CFR part 1, by authority of the Secretary writing to the U.S. Department of Labor, estimated for an average respondent to of Labor pursuant to the provisions of Employment Standards Administration, respond: 118,008 responses at 80 the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of minutes (1.33 hours) per response. as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution (6) An estimate of the total public 40 U.S.C. 276a) and of other Federal Avenue, NW., Room S–3014, burden (in hours) associated with the statutes referred to in 29 CFR part 1, Washington, DC 20210. collection: 156,951 annual burden Appendix, as well as such additional hours. statutes as may from time to time be Modification to General Wage If you have additional comments, enacted containing provisions for the Determination Decisions suggestions, or need a copy of the payment of wages determined to be The number of the decisions listed to proposed information collection prevailing by the Secretary of Labor in the Government Printing Office instrument with instructions, or accordance with the Davis-Bacon Act. document entitled ‘‘General Wage additional information, please contact The prevailing rates and fringe benefits Determinations Issued Under the Davis- Richard A. Sloan 202–514–3291, determined in these decisions shall, in Bacon and related Acts’’ being modified Director, Policy Directives and accordance with the provisions of the are listed by Volume and State. Dates of Instructions Branch, Immigration and foregoing statutes, constitute the publication in the Federal Register are Naturalization Service, U.S. Department minimum wages payable on Federal and in parentheses following the decisions of Justice, Room 4034, 425 I Street, NW., federally assisted construction projects being modified. Washington, DC 20536. Additionally, to laborers and mechanics of the Volume I comments and/or suggestions regarding specified classes engaged on contract the item(s) contained in this notice, work of the character and in the Massachusetts especially regarding the estimated localities described therein. MA010001 (Mar. 2, 2001) public burden and associated response Good cause is hereby found for not MA010002 (Mar. 2, 2001) utilizing notice and public comment MA010006 (Mar. 2, 2001) time may also be directed to Mr. MA010007 (Mar. 2, 2001) Richard A. Sloan. procedure thereon prior to the issuance MA010009 (Mar. 2, 2001) If additional information is required of these determinations as prescribed in MA010017 (Mar. 2, 2001) contact: Mr. Robert B. Briggs, Clearance 5 U.S.C. 553 and not providing for delay MA010018 (Mar. 2, 2001) Officer, United States Department of in the effective date as prescribed in that MA010019 (Mar. 2, 2001) Justice, Information Management and section, because the necessity to issue Maine Security Staff, Justice Management current construction industry wage ME010001 (Mar. 2, 2001) Division, Patrick Henry Building, 601 D determinations frequently and in large ME010002 (Mar. 2, 2001) Street, NW., Ste. 1600, Washington, DC volume causes procedures to be Rhode Island 20530. impractical and contrary to the public RI010001 (Mar. 2, 2001) RI010002 (Mar. 2, 2001) Dated: November 29, 2001. interest. General wage determination decision, Volume II Richard A. Sloan, and modifications and supersedes Pennsylvania Department Clearance Office, United States decisions thereto, contain no expiration Department of Justice, Immigration and PA010007 (Mar. 2, 2001) Naturalization Service. dates and are effective from their date of PA010010 (Mar. 2, 2001) notice in the Federal Register, or on the Virginia [FR Doc. 01–30318 Filed 12–6–01; 8:45 am] date written notice is received by the VA010026 (Mar. 2, 2001) BILLING CODE 4410–10–M agency, whichever is earlier. These West Virginia decisions are to be used in accordance WV010001 (Mar. 2, 2001) with the provisions of 29 CFR parts 1 WV010002 (Mar. 2, 2001) DEPARTMENT OF LABOR WV010003 (Mar. 2, 2001) and 5. Accordingly, the applicable WV010006 (Mar. 2, 2001) decision, together with any Employment Standards WV010009 (Mar. 2, 2001) modifications issued, must be made a Administration, Wage and Hour WV010010 (Mar. 2, 2001) part of every contracts for performance Division WV010011 (Mar. 2, 2001) of the described work within the WV010012 (Mar. 2, 2001) geographic area indicated as required by Minimum Wages for Federal and Volume III an applicable Federal prevailing wage Federally Assisted Construction; Florida General Wage Determination Decisions law and 29 CFR part 5. The wage rates and fringe benefits, notice of which is FL010002 (Mar. 2, 2001) General wage determination decisions Georgia published herein, and which are GA010036 (Mar. 2, 2001) of the Secretary of Labor are issued in contained in the Government printing GA010053 (Mar. 2, 2001) accordance with applicable law and are Office (GPO) document entitled GA010055 (Mar. 2, 2001) based on the information obtained by ‘‘General Wage Determinations Issued Tennessee the Department of Labor from its study Under The Davis-Bacon And Related TN010041 (Mar. 2, 2001) of local wage conditions and data made Acts,’’ shall be the minimum paid by Volume IV available from other sources. They contractors and subcontractors to specify the basic hourly wage rates and laborers and mechanics. Michigan fringe benefits which are determined to Any person, organization, or MI010002 (Mar. 2, 2001) MI010005 (Mar. 2, 2001) be prevailing for the described classes of governmental agency having an interest MI010017 (Mar. 2, 2001) laborers and mechanics employed on in the rates determined as prevailing is MI010060 (Mar. 2, 2001) construction projects of a similar encouraged to submit wage rate and MI010062 (Mar. 2, 2001) character and in the localities specified fringe benefit information for MI010075 (Mar. 2, 2001) therein. consideration by the Department. MI010078 (Mar. 2, 2001)
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MI010081 (Mar. 2, 2001) TX010064 (Mar. 2, 2001) NUCLEAR REGULATORY MI010082 (Mar. 2, 2001) COMMISSION MI010083 (Mar. 2, 2001) Volume VI MI010084 (Mar. 2, 2001) Washington MI010085 (Mar. 2, 2001) WA010009 (Mar. 2, 2001) [Docket No. 50–410] MI010087 (Mar. 2, 2001) Volume VII MI010088 (Mar. 2, 2001) Rochester Gas and Electric MI010089 (Mar. 2, 2001) California Corporation; Nine Mile Point Nuclear MI010090 (Mar. 2, 2001) CA010004 (Mar. 2, 2001) Station, Unit No. 2; Notice of MI010091 (Mar. 2, 2001) CA010009 (Mar. 2, 2001) Withdrawal of Application for Approval MI010092 (Mar. 2, 2001) of Indirect Transfer of Facility MI010093 (Mar. 2, 2001) General Wage Determination Operating License MI010094 (Mar. 2, 2001) Publication MI010095 (Mar. 2, 2001) The U.S. Nuclear Regulatory MI010096 (Mar. 2, 2001) General wage determinations issued Commission (the Commission) was MI010097 (Mar. 2, 2001) under the Davis-Bacon and related Acts, considering the issuance of an order Ohio including those noted above, may be OH010002 (Mar. 2, 2001) under 10 CFR 50.80 approving the found in the Government Printing Office indirect transfer of Facility Operating OH010003 (Mar. 2, 2001) (GPO) document entitled ‘‘General Wage OH010008 (Mar. 2, 2001) License No. NPF–69 for Nine Mile OH010012 (Mar. 2, 2001) Determinations Issued Under the Davis- Nuclear Station, Unit No. 2 (NMP–2), to OH010014 (Mar. 2, 2001) Bacon And Related Acts’’. This the extent held by Rochester Gas and OH010020 (Mar. 2, 2001) publication is available at each of the 50 Electric Corporation (RG&E). The OH010023 (Mar. 2, 2001) Regional Government Depository indirect transfer would have resulted OH010029 (Mar. 2, 2001) Libraries and many of the 1,400 from the planned acquisition of RG&E’s Wisconsin Government Depository Libraries across WI010004 (Mar. 2, 2001) parent company, RGS Energy Group, the country. Inc. (RGS), by Energy East Corporation Volume V General wage determinations issued (Energy East). Iowa under the Davis-Bacon and related Acts On November 7, 2001, the NMP–2 IA010002 (Mar. 2, 2001) are available electronically at no cost on license, as held by RG&E and others, IA010005 (Mar. 2, 2001) the Government Printing Office site at was transferred to Nine Mile Point IA010006 (Mar. 2, 2001) www.access.gpo.gov/davisbacon. Nuclear Station, LLC, as authorized by IA010010 (Mar. 2, 2001) IA010016 (Mar. 2, 2001) They are also available electronically an NRC Order dated June 22, 2001, as IA010017 (Mar. 2, 2001) by subscription to the Davis-Bacon modified by a Supplemental Order IA010025 (Mar. 2, 2001) Online Service (http:// dated October 30, 2001. By letter dated IA010028 (Mar. 2, 2001) davisbacon.fedworld.gov) of the November 14, 2001, RG&E withdrew its IA010029 (Mar. 2, 2001) National Technical Information Service request for NRC approval of the indirect IA010056 (Mar. 2, 2001) (NTIS) of the U.S. Department of transfer of the NMP–2 license since IA010059 (Mar. 2, 2001) Commerce at 1–800–363–2068. This RG&E no longer holds the NMP–2 IA010070 (Mar. 2, 2001) subscription offers value-added features license. The NRC has permitted the Kansas withdrawal. KS010007 (Mar. 2, 2001) such as electronic delivery of modified KS010008 (Mar. 2, 2001) wage decisions directly to the user’s The Commission previously KS010009 (Mar. 2, 2001) desktop, the ability to access prior wage published a Notice of Consideration of KS010013 (Mar. 2, 2001) decisions issued during the year, Approval of Application Regarding KS010015 (Mar. 2, 2001) extensive Help Desk Support, etc. Proposed Merger and Opportunity for a KS010016 (Mar. 2, 2001) Hard-copy subscriptions may be Hearing (66 FR 42687, dated August 14, KS010017 (Mar. 2, 2001) 2001). No hearing requests or written KS010019 (Mar. 2, 2001) purchased from: Superintendent of Documents, U.S. Government Printing comments were filed. KS010020 (Mar. 2, 2001) For further details with respect to this KS010021 (Mar. 2, 2001) Office, Washington, DC 20402, (202) KS010022 (Mar. 2, 2001) 512–1800. withdrawal, see RG&E’s letter dated June 22, and November 14, 2001, KS010023 (Mar. 2, 2001) When ordering hard-copy KS010025 (Mar. 2, 2001) available for public inspection at the KS010026 (Mar. 2, 2001) subscription(s), be sure to specify the Commission’s Public Document Room KS010029 (Mar. 2, 2001) State(s) of interest, since subscriptions (PDR), at One White Flint North, 11555 KS010061 (Mar. 2, 2001) may be ordered for any or all of the six Rockville Pike (first floor), Rockville, KS010069 (Mar. 2, 2001) separate Volumes, arranged by State. Maryland. Publicly available records KS010070 (Mar. 2, 2001) Subscriptions include an annual edition will be accessible electronically from Nebraska (issued in January or February) which the Agencywide Documents Access and NE010003 (Mar. 2, 2001) includes all current general wage NE010007 (Mar. 2, 2001) Management System (ADAMS) Public determinations for the States covered by Electronic Reading Room on the internet NE010009 (Mar. 2, 2001) each volume. Throughout the remainder NE010010 (Mar. 2, 2001) at the NRC Web site (http:// NE010011 (Mar. 2, 2001) of the year, regular weekly updates will www.nrc.gov/ADAMS/index.htm). If Oklahoma be distributed to subscribers. you do not have access to ADAMS or if OK010013 (Mar. 2, 2001) Signed at Washington, DC, this 29th day of there are problems accessing the OK010014 (Mar. 2, 2001) November, 2001. documents located in ADAMS, contact Texas Terry Sullivan, the NRC PDR reference staff at 1–800– TX010003 (Mar. 2, 2001) Acting Chief, Branch of Construction Wage 397–4209, 301–415–4737 or by e-mail to TX010007 (Mar. 2, 2001) Determinations. TX010009 (Mar. 2, 2001) [email protected]. TX010033 (Mar. 2, 2001) [FR Doc. 01–30074 Filed 12–6–01; 8:45 am] Dated at Rockville, Maryland, this 30th day TX010061 (Mar. 2, 2001) BILLING CODE 4510–27–M of November 2001.
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For the Nuclear Regulatory Commission. Entergy Corporation, and a direct 2.1308(b), unless good cause for failure Peter S. Tam, wholly owned subsidiary of Entergy to file on time is established. In Senior Project Manager, Section 1, Project Nuclear Holdings Company #2. addition, an untimely request or Directorate I, Division of Licensing Project Pursuant to 10 CFR 50.80, no license, petition should address the factors that Management, Office of Nuclear Reactor or any right thereunder, shall be the Commission will also consider, in Regulation. transferred, directly or indirectly, reviewing untimely requests or [FR Doc. 01–30343 Filed 12–6–01; 8:45 am] through transfer of control of the petitions, set forth in 10 CFR BILLING CODE 7590–01–P license, unless the Commission shall 2.1308(b)(1)–(2). give its consent in writing. The Requests for a hearing and petitions Commission will approve an for leave to intervene should be served NUCLEAR REGULATORY application for the transfer of a license, upon David R. Lewis, Esq., Shaw, COMMISSION if the Commission determines that the Pittman, LLP, 2300 N Street, NW., [Docket No. 50–271] proposed transferee is qualified to hold Washington, DC 20037–1128, Phone: the license, and that the transfer is (202) 663–8474, Fax: (202) 663–8007, e- Vermont Yankee Nuclear Power otherwise consistent with applicable mail: [email protected]; Corporation; Vermont Yankee Nuclear provisions of law, regulations, and and Douglas Levanway, Esq., Wise Power Station; Notice of Consideration orders issued by the Commission Carter Child & Caraway, 600 Heritage of Approval of Transfer of Facility pursuant thereto. Building, 401 East Capitol Street, P.O. Operating License and Conforming Before issuance of the proposed Box 651, Jackson, MS 39201–5519, Amendment, and Opportunity for a conforming license amendment, the Phone: (601) 968–5524, Fax: (601) 968– Hearing Commission will have made findings 5519, e-mail: [email protected]; the required by the Atomic Energy Act of General Counsel, U.S. Nuclear The U.S. Nuclear Regulatory 1954, as amended (the Act), and the Regulatory Commission, Washington, Commission (the Commission) is Commission’s regulations. DC 20555 (e-mail address for filings considering the issuance of an order As provided in 10 CFR 2.1315, unless regarding license transfer cases only: under 10 CFR 50.80 approving the otherwise determined by the [email protected]); and the Secretary of the transfer of Facility Operating License Commission with regard to a specific Commission, U.S. Nuclear Regulatory No. DPR–28 currently held by Vermont application, the Commission has Commission, Washington, DC 20555– Yankee Nuclear Power Corporation determined that any amendment to the 0001, Attention: Rulemakings and (VYNPC), as owner and licensed license of a utilization facility which Adjudications Staff, in accordance with operator of Vermont Yankee Nuclear does no more than conform the license 10 CFR 2.1313. Power Station (VYNPS). The transfer to reflect the transfer action involves no The Commission will issue a notice or would be to Entergy Nuclear Vermont significant hazards consideration. No order granting or denying a hearing Yankee, LLC (Entergy Nuclear VY), the contrary determination has been made request or intervention petition, proposed owner of VYNPS, and to with respect to this specific license designating the issues for any hearing Entergy Nuclear Operations, Inc. (ENO), amendment application. In light of the that will be held and designating the the proposed entity to operate VYNPS. generic determination reflected in 10 Presiding Officer. A notice granting a The Commission is also considering CFR 2.1315, no public comments with hearing will be published in the Federal amending the license for administrative respect to significant hazards Register and served on the parties to the purposes to reflect the proposed considerations are being solicited, hearing. transfer. notwithstanding the general comment As an alternative to requests for According to an application for procedures contained in 10 CFR 50.91. hearing and petitions to intervene, by approval filed by VYNPC, Entergy The filing of requests for hearing and January 7, 2002, persons may submit Nuclear VY, and ENO, Entergy Nuclear petitions for leave to intervene, and written comments regarding the license VY would assume title to the facility written comments with regard to the transfer application, as provided for in following approval of the proposed license transfer application, are 10 CFR 2.1305. The Commission will license transfer, and ENO would operate discussed below. consider and, if appropriate, respond to and maintain VYNPS. VYNPC will By December 27, 2001, any person these comments, but such comments transfer all decommissioning trust funds whose interest may be affected by the will not otherwise constitute part of the to a decommissioning trust established Commission’s action on the application decisional record. Comments should be by Entergy Nuclear VY. No physical may request a hearing and, if not the submitted to the Secretary, U.S. Nuclear changes to the facility or operational applicant, may petition for leave to Regulatory Commission, Washington, changes are being proposed in the intervene in a hearing proceeding on the DC 20555–0001, Attention: Rulemakings application. Commission’s action. Requests for a and Adjudications Staff, and should cite The proposed amendment would hearing and petitions for leave to the publication date and page number of replace references to VYNPC in the intervene should be filed in accordance this Federal Register notice. license with references to Entergy with the Commission’s rules of practice Further details with respect to this Nuclear VY and/or ENO, as appropriate, set forth in Subpart M, ‘‘Public action, see the initial application dated and make other necessary Notification, Availability of Documents October 5, 2001, and supplements dated administrative changes to reflect the and Records, Hearing Requests and November 7 and November 8, 2001, proposed transfer. Procedures for Hearings on License available for public inspection at the Entergy Nuclear VY, a Delaware Transfer Applications,’’ of 10 CFR Part Commission’s Public Document Room, limited liability company, is an indirect 2. In particular, such requests and located at One White Flint North, 11555 wholly owned subsidiary of Entergy petitions must comply with the Rockville Pike (first floor), Rockville, Corporation, and an indirect wholly requirements set forth in 10 CFR 2.1306, Maryland. Publicly available records owned subsidiary of Entergy Nuclear and should address the considerations will be accessible electronically from Holding Company #3. contained in 10 CFR 2.1308(a). the Agencywide Documents Access and ENO, a Delaware corporation, is an Untimely requests and petitions may be Management Systems (ADAMS) Public indirect wholly owned subsidiary of denied, as provided in 10 CFR Electronic Reading Room on the internet
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at the NRC Web site, http:// The proposed action is in accordance sites. It does not affect nonradiological www.nrc.gov/ADAMS/index.html. with the licensee’s application plant effluents and has no other Persons who do not have access to requesting approval dated March 14, environmental impact. Therefore, there ADAMS or who encounter problems in 2001, as supplemented by letters dated are no significant nonradiological accessing the documents located in May 18 and June 20, 2001. environmental impacts associated with ADAMS, should contact the NRC Public The Need for the Proposed Action the proposed action. Document Room (PDR) Reference staff Accordingly, the NRC concludes that by telephone at 1–800–397–4209, 301– The proposed action is needed to there are no significant environmental 415–4737 or by e-mail to [email protected]. dispose of demolition debris that may impacts associated with the proposed contain trace quantities of licensed action. Dated at Rockville, Maryland this 3rd day material in a State of Michigan landfill of December 2001. prior to license termination as opposed Environmental Impacts of the For the Nuclear Regulatory Commission. to (1) terminating the license with the Alternatives to the Proposed Action Robert M. Pulsifer, material remaining onsite (either with As an alternative to the proposed Project Manager, Section 2, Project structures intact or demolished) in action, the staff considered denial of the Directorate I, Division of Licensing Project accordance with 10 CFR 20, subpart E, proposed action (i.e., the ‘‘no-action’’ Management, Office of Nuclear Reactor or (2) handling the debris as low level alternative). Denial of the application Regulation. radioactive waste and shipping it to a would result in (1) terminating the [FR Doc. 01–30342 Filed 12–6–01; 8:45 am] low level waste facility. As stated in the license for unrestricted use in BILLING CODE 7590–01–P proposal, the licensee does not intend to accordance with 10 CFR part 20, subpart make this submittal for intentional E, with the demolition debris remaining disposal of radioactive waste, but onsite (either with structures intact or NUCLEAR REGULATORY recognizes that a potential exists for COMMISSION demolished), or (2) handling the debris trace quantities of licensed material to as low level radioactive waste and be present at levels below instrument shipping it to a low level waste facility. [Docket No. 50–155] detection capabilities. Disposal of the The environmental impacts of the demolition debris in the manner Consumers Energy Company; Big proposed action and the alternative proposed is protective of public health action are similar. Rock Point Plant; Environmental and safety, is consistent with as low as Assessment and Finding of No reasonably achievable, and is the most Alternative Use of Resources Significant Impact cost-effective alternative. This action does not involve the use of any resources not previously The U.S. Nuclear Regulatory Environmental Impacts of the Proposed Commission (NRC) is considering considered in BRP’s Environmental approval of a request to dispose of The NRC has completed its evaluation Report for Decommissioning, dated demolition debris in accordance with of the proposed action and concludes February 27, 1995, or in the GEIS. that the environmental impacts of Title 10 of the Code of Federal Agencies and Persons Consulted Regulations (10 CFR) section 20.2002 for processing the total waste projected for Facility Operating License No. DPR–6, BRP (635,100 cubic feet), which On May 22, 2001, the staff consulted issued to Consumers Energy Company, includes the 563,000 cubic feet of with the Michigan State official, Mr. (the licensee), for the possession of the demolition debris proposed to be sent to David W. Minnaar of the Michigan Big Rock Point (BRP) Plant, located in a State of Michigan landfill, are Department of Environmental Quality, Charlevoix County, Michigan. bounded by the NUREG–0586, ‘‘Final Drinking Water and Radiological Therefore, as required by 10 CFR 51.21, Generic Environmental Impact Protection Division, regarding the the NRC is issuing this environmental Statement on Decommissioning of environmental impact of the proposed assessment and finding of no significant Nuclear Facilities,’’ (GEIS) evaluation of action. The State official had no impact. 18,975 cubic meters (670,096 cubic feet) comments. of waste disposal for a generic boiling Environmental Assessment water reactor. Adherence to the Finding of No Significant Impact On the basis of the environmental Identification of the Proposed Action radiological survey process would ensure that the potential radiological assessment, the NRC concludes that the The proposed action would approve dose posed by the demolition debris to proposed action will not have a the disposal of BRP Plant demolition a transport worker, a landfill worker, or significant effect on the quality of the debris that could contain trace a member of the public is conservatively human environment. Accordingly, the quantities of licensed materials in a estimated at a maximum of 1.0 NRC has determined not to prepare an State of Michigan landfill. The debris millirem/year. environmental impact statement for the would consist of flooring materials, The proposed action will not proposed action. concrete, rebar, roofing materials, significantly increase the probability or For further details with respect to the structural steel, soils associated with consequences of accidents, no changes proposed action, see the licensee’s letter digging up foundations, and concrete are being made in the types of any dated March 14, 2001, as supplemented and/or asphalt pavement or other effluents that may be released off site, by letters dated May 18 and June 20, similar solid materials originating from and there is no significant increase in 2001. Documents may be examined, decommissioning activities. A occupational or public radiation and/or copied for a fee, at the NRC’s radiological survey process would be exposure. Therefore, there are no Public Document Room (PDR), located used to determine if the debris is significant radiological environmental at One White Flint North, 11555 acceptable for landfill disposal. The impacts associated with the proposed Rockville Pike (first floor), Rockville, request for approval is submitted action. Maryland. Publicly available records pursuant to 10 CFR 20.2002 due to the With regard to potential will be accessible electronically from potential presence of licensed material nonradiological impacts, the proposed the Agencywide Documents Access and in the debris. action does not involve any historic Management System’s (ADAMS) Public
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Library component on the NRC Web Street, NW., Washington, DC 20005– In addition, section 4011 of ERISA site, http://www.nrc.gov (the Public 4026, between 9 a.m. and 4 p.m. on and the PBGC’s regulation on Disclosure Electronic Reading Room). Persons who business days. to Participants (29 CFR part 4011) do not have access to ADAMS or who Copies of the request for extension require plan administrators of certain encounter problems in accessing the (including the collection of information) underfunded single-employer pension documents located in ADAMS should may be obtained without charge by plans to provide an annual notice to contact the NRC PDR Reference staff by writing to the PBGC’s Communications plan participants and beneficiaries of telephone at 1–800–397–4209, or 301– and Public Affairs Department at the the plans’ funding status and the limits 415–4737, or by e-mail at [email protected]. address given above or calling 202–326– on the Pension Benefit Guaranty For the Nuclear Regulatory Commission. 4040. (For TTY and TDD, call 800–877– Corporation’s guarantee of plan benefits. 8339 and request connection to 202– Dated at Rockville, Maryland, this 3rd day The participant notice requirement only 326–4040.) The premium payment of December, 2001. applies (subject to certain exemptions) regulation can be accessed on the David J. Wrona, to plans that must pay a variable rate PBGC’s Web site at www.pbgc.gov. Project Manager, Section 1, Project premium. In order to monitor FOR FURTHER INFORMATION CONTACT: Directorate IV, Division of Licensing Project compliance with Part 4011, plan Harold J. Ashner, Assistant General Management, Office of Nuclear Reactor administrators must indicate on Form Counsel, or Deborah C. Murphy, Staff Regulation. 1–EZ or Schedule A to Form 1 that the Attorney, Office of the General Counsel, [FR Doc. 01–30344 Filed 12–6–01; 8:45 am] participant notice requirements have BILLING CODE 7590–01–P Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC been complied with. 20005–4026, 202–326–4024. (For TTY The collection of information under PENSION BENEFIT GUARANTY and TDD, call 800–877–8339 and the regulation on Payment of Premiums, CORPORATION request connection to 202–326–4024.) including Form 1–ES, Form 1–EZ, Form SUPPLEMENTARY INFORMATION: Section 1, and Schedule A to Form 1, and Submission of Information Collection 4007 of Title IV of the Employee related instructions has been approved for OMB Review; Comment Request; Retirement Income Security Act of 1974 by OMB under control number 1212– Payment of Premiums (‘‘ERISA’’) requires the Pension Benefit 0009. This collection of information also Guaranty Corporation (‘‘PBGC’’) to includes the certification of compliance AGENCY: Pension Benefit Guaranty collect premiums from pension plans with the participant notice requirements Corporation. covered under Title IV pension (but not the participant notices ACTION: Notice of request for extension insurance programs. Pursuant to ERISA themselves). The PBGC is revising the of OMB approval. section 4007, the PBGC has issued its forms and instructions to clarify them regulation on Payment of Premiums (29 SUMMARY: The Pension Benefit Guaranty and make them easier to use. The PBGC CFR part 4007). Section 4007.3 of the Corporation (‘‘PBGC’’) is requesting that is requesting that OMB extend its premium payment regulation requires the Office of Management and Budget approval of this collection of plans, in connection with the payment (‘‘OMB’’) extend approval, under the information, as revised, for three years of premiums, to file certain forms Paperwork Reduction Act, of the from the date of approval. (The prescribed by the PBGC, and section collection of information under its participant notices constitute a different 4007.10 requires plans to retain and regulation on Payment of Premiums (29 collection of information that has been make available to the PBGC records CFR part 4007), including Form 1–ES, separately approved by OMB.) An supporting or validating the Form 1–EZ, Form 1, and Schedule A to computation of premiums paid. agency may not conduct or sponsor, and Form 1, and related instructions (OMB The forms prescribed are PBGC Form a person is not required to respond to, control number 1212–0009). The 1–ES, Form 1–EZ, and Form 1 and (for a collection of information unless it collection of information also includes a single-employer plans only) Schedule A displays a currently valid OMB control certification (on Form 1–EZ and on to Form 1. Form 1–ES is issued, with number. Schedule A) of compliance with instructions, in the PBGC’s Estimated The PBGC estimates that it receives requirements to provide certain notices Premium Payment Package. Form 1–EZ, responses annually from about 37,700 to participants under the PBGC’s Form 1 and Schedule A are issued, with regulation on Disclosure to Participants plan administrators and that the total instructions, in the PBGC’s Annual annual burden of the collection of (29 CFR part 4011). This notice informs Premium Payment Package. the public of the request for OMB information is about 2,540 hours and The premium forms are needed to $9,657,780. approval and solicits public comment determine the amount and record the on the collection of information. payment of PBGC premiums, and the Issued in Washington, DC, this 4th day of DATES: Comments should be submitted submission of forms and retention and December, 2001. by January 7, 2002. submission of records are needed to Stuart A. Sirkin, ADDRESSES: Comments should be enable the PBGC to perform premium Director, Corporate Policy and Research mailed to the Office of Information and audits. The plan administrator of each Department, Pension Benefit Guaranty Regulatory Affairs of the Office of pension plan covered by Title IV of Corporation. Management and Budget, Attention: ERISA is required to file one or more of [FR Doc. 01–30382 Filed 12–6–01; 8:45 am] Desk Officer for Pension Benefit the premium payment forms each year. BILLING CODE 7708–01–P Guaranty Corporation, Washington, DC The PBGC uses the information on the 20503. The request for extension premium payment forms to identify the (including the collection of information) plans paying premiums and to verify will be available for public inspection at whether plans are paying the correct the Communications and Public Affairs amounts. That information and the Department of the Pension Benefit retained records are used for audit Guaranty Corporation, suite 240, 1200 K purposes.
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SECURITIES AND EXCHANGE and rules 43, 44, 45, 46, 53, 54, 90 and company (‘‘ETC’’) under section 34 of COMMISSION 91 under the Act. the Act. [Release No. 35–27471] I. Background C. Existing Financing Authority Under a series of orders (‘‘Money Pool Filings Under the Public Utility Holding A. Summary and Financing Orders’’),2 the Allegheny Company Act of 1935, as amended Applicants request financing system companies were authorized to (‘‘Act’’) authority and request authority to engage in certain financing transactions November 30, 2001. increase its investment in exempt and to establish and participate in a Notice is hereby given that the wholesale generators (‘‘EWGs’’) and money pool, among other things. Also, following filing(s) has/have been made foreign utility companies (‘‘FUCOs’’). In by order dated April 20, 2001, HCAR with the Commission pursuant to addition, Applicants seek authority to No. 27383, the Commission authorized provisions of the Act and rules restructure AE Supply, which includes Allegheny and/or AE Supply to issue to promulgated under the Act. All among other things: reincorporating AE unaffiliated third parties guarantees, interested persons are referred to the Supply in Maryland; merging AE short-term debt, and long-term debt 1 application(s) and/or declaration(s) for Global, an energy trading subsidiary through July 31, 2005, up to an complete statements of the proposed formed under rule 58, into the aggregate amount of $430 million. restructured AE Supply (‘‘New AE transaction(s) summarized below. The II. Requested Financing Authority application(s) and/or declaration(s) and Supply’’); and transferring some of any amendment(s) is/are available for Allegheny’s membership interests in A. Summary generation to New AE Supply. New AE public inspection through the Applicants state that increased Supply also seeks a section 3(a)(2) Commission’s Branch of Public financing authority is needed to build exemption from registration. Reference. new electric generation facilities and to Interested persons wishing to B. The Allegheny System purchase existing generation facilities. comment or request a hearing on the Allegheny states that its plans to acquire Allegheny is a diversified energy application(s) and/or declaration(s) and/or build additional generating company. The Allegheny companies should submit their views in writing by facilities, if consummated, would bring consist of three regulated electric public December 26, 2001, to the Secretary, Allegheny’s aggregate investment in utility companies, West Penn Power Securities and Exchange Commission, EWGs and FUCOs in excess of 50% of Company (‘‘West Penn’’), Monongahela Washington, DC 20549–0609, and serve its consolidated retained earnings. a copy on the relevant applicant(s) and/ Power Company (‘‘Monongahela Through July 31, 2005 or declarant(s) at the address(es) Power’’) and The Potomac Edison (‘‘Authorization Period’’), Applicants specified below. Proof of service (by Company (‘‘Potomac Edison’’), and a seek authority for: Allegheny to issue up affidavit or, in the case of an attorney at regulated public utility natural gas to $1 billion in equity securities; law, by certificate) should be filed with company, Mountaineer Gas Company, Allegheny and AE Supply to issue the request. Any request for hearing which is a wholly owned subsidiary of short-term debt and long-term debt in an should identify specifically the issues of Monongahela Power (collectively, aggregate amount up to $4 billion; and facts or law that are disputed. A person ‘‘Operating Companies and d/b/a, Allegheny and/or its subsidiaries to who so requests will be notified of any ‘‘Allegheny Power’’). The subsidiaries of issue up to $3 billion in guarantees. The hearing, if ordered, and will receive a Allegheny, other than the Operating total debt and equity authorization copy of any notice or order issued in the Companies and AE Supply are referred requested is $4 billion with the option matter. After December 26, 2001, the to as (‘‘Other Subsidiaries’’). to utilize up to $1 billion for equity application(s) and/or declaration(s), as AE Supply is an electric generating issuance. Also, Applicants request filed or as amended, may be granted company for the Allegheny system. AE authorization to form capital investment and/or permitted to become effective. Supply is a public utility company subsidiaries (‘‘Capital Corps’’), and for within the meaning of the Act. AE Allegheny Energy, Inc., et al. (70–9897) Applicants to engage in intrasystem Supply is not a utility for purposes of financings with each other, with the Allegheny Energy, Inc. (‘‘Allegheny’’), state regulation nor is it subject to Other Subsidiaries, and between the a registered holding company; regulation as an electric public utility in Other Subsidiaries in an aggregate Allegheny Ventures, Inc. (‘‘Ventures’’), a any of the states in which it operates. It amount not to exceed $4 billion direct wholly owned nonutility also manages and operates electric outstanding during the Authorization subsidiary company of Allegheny, both generation owned by the regulated Period (‘‘Intrasystem Financing Limit’’). located at 10435 Downsville Pike, utilities d/b/a Allegheny Power. AE The aggregate amount of financing Hagerstown, Maryland 21740; Supply owns, operates, and markets obtained by Allegheny during the Allegheny Energy Supply Company, competitive retail and wholesale electric Authorization Period from issuance and L.L.C. (‘‘AE Supply’’), 4350 Northern generation. sale of preferred securities, when Pike, Monroeville, Pennsylvania 15146– Allegheny Ventures, a nonutility combined with the amount of common 2841, a direct wholly owned generating subsidiary of Allegheny, actively invests stock, short-term debt, long-term debt, subsidiary company of Allegheny; and in and develops energy-related projects and guarantees, issued and then Allegheny Energy Global Markets, L.L.C. through its wholly owned subsidiary outstanding, shall not exceed $7 billion (‘‘AE Global’’), 10435 Downsville Pike, Allegheny Energy Solutions. Allegheny (‘‘Aggregate Financing Limit’’). Hagerstown, Maryland 21740, a direct Ventures also invests in and develops wholly owned subsidiary of AE Supply telecommunications projects through 2 HCAR No. 25462 (January 29, 1992); HCAR No. that will cease to exist upon completion Allegheny Communications Connect, 25481 (February 28, 1992); HCAR No. 25581 (July of the requested transactions, Inc., an exempt telecommunications 14, 1992); HCAR No. 25919 (November 5, 1993); (‘‘Applicants’’), have filed an HCAR No. 26418 (November 28, 1995); HCAR No. 26506 (April 18, 1996); HCAR No. 26804 (December application-declaration (‘‘Application’’) 1 AE Supply formed AE Global to acquire Global 23, 1997); HCAR No. 27030 (May 19, 1999); HCAR under sections 3(a)(2), 6(a), 7, 9(a), 10, Energy markets from Merrill Lynch in S.E.C. File No. 27084 (October 8, 1999); and HCAR No. 27199 12(b), 12(c), 12(d), 32 and 33 of the Act, No. 70–9833. (July 14, 2001).
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The proceeds will be used for general distribution of a security will not exceed payments for specified periods. corporate purposes, including: (1) 5% of the principal or total amount of Preferred securities may be convertible Payments, redemptions, acquisitions the security being issued; (7) the or exchangeable into shares of and refinancing of outstanding maturity of long-term debt will be not Allegheny common stock or unsecured securities issued by Applicants; (2) less than one year and not exceed thirty indebtedness. acquisitions of and investments in years; and (8) short-term debt will have Stock financings may be affected in EWGs and FUCOs, provided that a maturity of not less than one day and accordance with underwriting Allegheny’s aggregate investment in not more than 364 days. agreements of a type generally standard in the industry. Public distributions these projects does not exceed the C. Short-Term and Long-Term Debt requested limit;3 (3) loans to, and may be made through private investments in, other system companies; Allegheny and AE Supply request negotiation with underwriters, dealers and (4) other lawful corporate purposes authorization, through the or agents or effected through permitted under the Act. Proceeds may Authorization Period, to issue and sell competitive bidding among also be used to invest in, or acquire an aggregate of up to $4 billion of short- underwriters. In addition, sales may be interests under rule 58 to the extent term debt and/or long-term debt at any made through private placements or permitted by rule 58 (‘‘Rule 58 time outstanding to non-associate banks other non-public offerings to one or Companies’’). and/or other parties. Debt of AE Supply more persons. All stock sales will be at may be nonrecourse to Allegheny. Also, rates or prices and under conditions B. Financing Parameters through the Authorization Period, negotiated or based upon, or otherwise Financings by the Applicants will be Allegheny seeks authorization to determined by, competitive capital subject to the following conditions transfer some or all of the debt proceeds markets. into AE Supply in the form of (‘‘Financing Conditions’’): (1) During the E. Guarantees Authorization Period, the common stock contributions or interest-bearing loan(s). Allegheny proposes to enter into equity of Allegheny, on a consolidated D. Common and Preferred Stock basis, and of each of the Operating Guarantees from time to time with Allegheny proposes to issue, through Companies, individually, will not fall respect to the obligations of the the Authorization Period, up to $1 below 30% of its total capitalization; (2) Operating Companies, AE Supply and billion at any time outstanding of equity Allegheny will maintain its senior the Other Subsidiaries of Allegheny securities. Allegheny may issue unsecured long-term debt rating at (‘‘Allegheny Guarantees’’) during the common stock or options, warrants or investment grade level, as established Authorization Period in an aggregate other stock purchase rights exercisable by a nationally recognized statistical principal amount, together with the for common stock in public or privately Subsidiary Guarantees (as defined rating organization; (3) the effective cost negotiated transactions for cash or as below), not to exceed $3 billion of money on long-term debt borrowings consideration for the equity securities or (‘‘Aggregate Guarantee Limitation’’), will not exceed the greater of (a) 400 assets of other companies, provided that based on the amount at risk, outstanding basis points over comparable term U.S. the acquisition of any such equity at any one time, exclusive of (1) any Treasury securities and (b) the gross securities or assets has been authorized guarantees or credit support spread over U.S. Treasuries that is in this proceeding or in a separate arrangements authorized by the consistent with similar securities of proceeding or is exempt under the Act Commission in separate proceedings comparable credit quality and or the rules under the Act. Allegheny and (2) any guarantees exempt under maturities issued by other companies; common stock issued in connection rule 45(b). Allegheny seeks to provide (4) the effective cost of money on short- with acquisitions of companies shall be credit support in connection with AE term debt borrowings will not exceed valued, for purposes of determining Supply’s purchase and operation of the greater of (a) 300 basis points over compliance with the Aggregate generation assets and in connection the comparable term London Interbank Financing Limit, at its market value as with the trading by AE Global in the Offered Rate (‘‘LIBOR’’) and (b) a gross of the date of issuance (or if appropriate ordinary course of AE Global’s energy spread over LIBOR that is consistent at the date of a binding contract marketing and trading activities and for with similar securities of comparable providing for the issuance). other purposes. credit quality and maturities issued by Allegheny seeks to have the flexibility In addition, the Applicants request other companies; (5) the dividend rate to issue its authorized preferred stock or authorization for AE Supply and the on any series of preferred securities will other types of preferred securities Other Subsidiaries to enter into not exceed the greater of (a) 500 basis (including, without limitation, trust Guarantees from time to time, with points over the yield to maturity of a preferred securities or monthly income respect to the obligations of any of the comparable term U.S. Treasury security preferred securities) directly or Other Subsidiaries, as may be and (b) a rate that is consistent with indirectly through one or more special- appropriate, to enable AE Supply and/ similar securities of comparable credit purpose financing subsidiaries or the Other Subsidiaries to carry on quality and maturities issued by other organized by Allegheny. Preferred stock their respective businesses (‘‘Subsidiary companies; (6) the underwriting fees, or other types of preferred securities Guarantees’’) in an aggregate principal commissions, and other similar may be issued in one or more series amount, together with the Allegheny remuneration paid in connection with with such rights, preferences, and Guarantees, not to exceed the Aggregate the non-competitive issue, sale or priorities as may be designated in the Guarantee Limitation, based on the instrument creating each series, as amount at risk, outstanding at any one 3 Allegheny seeks authority to apply the proceeds of equity issuances, short-term debt, long-term debt determined by Allegheny’s board of time. The Aggregate Guarantee and guarantees to increase its ‘‘aggregate directors. Dividends or distributions on Limitation excludes: (1) Any such investment’’ in EWGs and FUCOs up to $2.0 billion, preferred securities will be made guarantees or credit support or 207% of its consolidated retained earnings. periodically and to the extent funds are arrangements authorized by the Applicants state that Allegheny’s aggregate investment in EWGs and FUCOs as of March 31, legally available for this purpose, but Commission in separate proceedings 2001 was approximately $462 million, or 49% of its may be made subject to terms which and (2) any such guarantees exempt consolidated retained earnings. allow the issuer to defer dividend under rule 45(b).
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Allegheny, AE Supply, or the Other applicable Intrasystem Financing Limit by Standard & Poor’s, that are greater Subsidiaries which issues a guarantee or the separate guarantee limits than or equal to ‘‘BBB+,’’ or an may charge a fee for each guarantee it applicable to Allegheny or the equivalent rating from Moody’s provides, which fee will not exceed the subsidiary. Investors Service, Inc. or Fitch IBCA, cost of obtaining the liquidity necessary Inc. Applicants represent that the G. Intrasystem Financings to perform the guarantee. Instruments to be entered into will Applicants request authorization to F. Capital Corporations qualify for hedge accounting treatment engage in intrasystem financings with under GAAP. Allegheny will comply Applicants seek authorization to form each other, with the Other Subsidiaries, with the financial disclosure one or more Capital Corps as direct or and between the Other Subsidiaries in requirements of the Financial indirect subsidiaries. Capital Corps will an aggregate amount not to exceed $4 Accounting Standards Board. be limited liability companies, billion outstanding during the corporations, trusts, partnerships or Authorization Period. Financings will I. Payment of Dividends other entities formed to engage in tax be in the form of cash capital Applicants request authorization for efficient and financially efficient contributions, open account advances AE Supply and the Other Subsidiaries transactions with Applicants or any of and/or loans. The interest rate on to pay dividends, from time to time their respective subsidiaries for the intrasystem loans payable by a through the Authorization Period, out of acquisition of EWGs and FUCOs, Rule borrowing company will parallel the capital and unearned surplus (including 58 Companies, and other general cost of capital of the lending company. revaluation reserve), to the extent corporate purposes permitted under the This request excludes: (1) Financings permitted under applicable corporate Act. that are exempt under rules 45(b) and law. Applicants anticipate that there Applicants seek authorization through 52, as applicable; and (2) amounts will be situations in which one or more the Authorization Period to: (1) Make outstanding from time to time under the of their respective direct or indirect capital contributions to the Capital Money Pool and Financing Orders. subsidiaries will have unrestricted cash Corps in exchange for equity ownership; Loans made by the Capital Corps to AE available for distribution in excess of (2) have Capital Corps make interest- Supply and its subsidiaries will count any such company’s current and bearing loan(s) of up to $4 billion to AE against this Intrasystem Financing Limit retained earnings. In such situations, the Supply evidenced by note(s); and (3) to the extent described. declaration and payment of a dividend permit Capital Corps, as the loan(s) are would have to be charged, in whole or repaid, to make additional borrowings H. Interest Rate and Currency Risk in part, to capital or unearned surplus. available to AE Supply and its Management subsidiaries from the interest and Applicants request authority to enter III. Request To Reorganize AE Supply into, perform, purchase and sell principal payments it receives. Any Applicants seek authority to financial instruments intended to intrasystem loans will count against the restructure AE Supply manage the volatility of interest rates Intrasystem Financing Limit. These (‘‘Restructuring’’). First, AE Supply will borrowings will be used for authorized and currency exchange rates, including but not limited to interest rate and be reincorporated in Maryland by acquisitions, EWGs and FUCOs, Rule 58 forming a new corporation in Maryland Companies, or other corporate purposes. currency swaps, caps, floors, collars and forward agreements or any other similar (‘‘New AE Supply’’) and then merging The Applicants state that the loans will AE Supply with and into New AE not affect Applicants’ debt-equity ratio agreements (‘‘Instruments’’) in connection with the issuance and sale of Supply. New AE Supply is the surviving and will provide for a tax efficient entity. capital structure. the short-term debt and long-term debt In addition, the proposed Applicants also request authorization described. Applicants will employ Restructuring, will include: (a) The for Capital Corps to serve as financing Instruments as a means of prudently transfer from Allegheny to New AE entities and to issue debt and equity managing the interest rate and currency Supply of, and the reorganization of, securities, including trust preferred risks associated with any of their Allegheny Energy Supply Hunlock securities, to third parties in the event outstanding debt issued under this Creek, LLC (‘‘Hunlock Creek’’) 4 and the issuances are not exempt under rule Application or an applicable exemption Green Valley Hydro, LLC (‘‘Green 52. Specifically, Applicants request by, in effect, synthetically (1) Valley’’); 5 (b) the reorganization of authorization to: (1) Issue debentures or Converting variable rate debt to fixed Allegheny Energy Supply Conemaugh, other evidences of indebtedness to rate debt, (2) converting fixed rate debt LLC (‘‘Conemaugh’’) 6 and Allegheny financing entities in return for the to variable rate debt, (3) limiting the proceeds of the financing; (2) acquire impact of changes in interest rates 4 The transfer of Hunlock Creek will be made as voting interests or equity securities resulting from variable rate debt; and (4) a capital contribution in the amount of the book issued by the financing entities to hedging currency exposures of foreign value of approximately $21 million. New AE establish ownership of the financing currency denominated debt. In addition, Supply will form a new single-member Delaware entities; and (3) guarantee financing Applicants may utilize Instruments for limited liability company to be referred to as Hunlock Creek II. New AE Supply proposes to entities’ obligations. planned issuances of debt securities in merge Hunlock Creek with and into Hunlock Creek Applicants and the Other Subsidiaries order to lock-in current interest rates II, with Hunlock Creek II as the surviving entity. may enter into expense agreements with and or to manage interest rate and 5 The transfer of Green Valley will be made as a their respective financing entity, and currency risks in future periods. The capital contribution in the amount of the book value they would agree to pay all expenses of notional amount of any Instruments will of approximately $2 million. New AE Supply will form a new single-member Virginia limited liability the financing entity. not exceed that of the underlying debt company to be referred to as Green Valley II. New Any amounts issued by the financing instrument. Applicants will not engage AE Supply proposes to merge Green Valley with entities to third parties under these in ‘‘speculative’’ transactions, and agree and into Green Valley II, with Green Valley II as the authorizations will count against the to only enter into Instruments with surviving entity. 6 New AE Supply will form a single-member Aggregate Financing Limit. However, counterparties which have, or whose Delaware limited liability company, to be referred the underlying intrasystem mirror debt obligations are guaranteed by a party to as Conemaugh II. New AE Supply proposes to and guarantee will not count against any with, senior debt ratings, as published Continued
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Generating Company (‘‘AGC’’); 7 and (c) Alabama Power Company (70–9955) of the 1940 Act and Rules 6e–2 and 6e– the merger of AE Global with and into 3(T) thereunder. Alabama Power Company (‘‘Alabama New AE Supply. Power’’), 600 North 18th Street, Applicants: Touchstone Variable New AE Supply seeks a section 3(a)(2) Birmingham, Alabama 35291, a wholly Series Trust and Touchstone Advisors, exemption from registration under the owned public utility subsidiary of The Inc. (collectively, ‘‘Applicants’’). Act. As a Maryland corporation, New Southern Company, a registered holding Summary of Application: Applicants AE Supply will be predominantly a company, has filed a declaration under seek an order of exemption from the public utility company whose section 12(d) of the Act, and rules 44 provisions of Sections 9(a), 13(a), 15(a) operations do not extend beyond the and 54 under the Act. and 15(b) of the 1940 Act and Rules 6e– state of organization and states Alabama Power proposes to sell, from 2(b)(15) and 6e–3(T)(b)(15) thereunder contiguous thereto. New AE Supply will time to time prior to December 31, 2006, to the extent necessary to permit shares operate in Maryland, its state of distribution line poles located in of any current or future series of incorporation, and in Virginia, West Alabama to non-affiliated telephone and Touchstone Variable Series Trust Virginia, and Pennsylvania, which are other non-electric utility companies (‘‘TVST’’) and shares of any other all contiguous to Maryland. (‘‘Purchasers’’). Alabama Power would investment company that is offered as a New AE Supply will be a holding convey the poles to the Purchasers by a funding medium for insurance products company solely through its ownership bill of sale for a negotiated cash sale and for which Touchstone Advisors, of the following public utility price that would exceed Alabama Inc. (‘‘Touchstone Advisors’’ or the companies: (a) Conemaugh; (b) Green Power’s average book value for the ‘‘Manager’’) or any affiliates thereof may Valley; and (c) AGC. Each of these number of distribution poles of each now or in the future serve as manager, entities was formed under the laws of class being sold, and the aggregate price investment adviser, sub-adviser, Delaware and is exclusively engaged in of the sales would not exceed $30 administrator, principal underwriter or selling power at wholesale.8 million. The conveyance would include sponsor (TVST and such future As part of the restructuring, a release of the poles from Alabama’s investment companies are collectively Allegheny Energy Service Corporation first mortgage indenture lien. The $30 referred to herein as the ‘‘Trusts’’ and (‘‘AESC’’) proposes to expand the scope million authority requested is in individually as a ‘‘Trust’’; the current of services to be provided to New AE addition to any exceptions otherwise and future series of the Trusts are Supply to include energy trading provided by rules under the Act relating collectively referred to herein as the activities. AESC will engage in the to sales of utility securities or assets. ‘‘Funds’’ and individually as a ‘‘Fund’’) trading activities solely as agent on Alabama Power and each Purchaser to be sold and held by: (1) Variable behalf of New AE Supply. All trades have or will have entered into a joint annuity and variable life insurance will be booked at New AE Supply, and use agreement under which each party separate accounts (‘‘Participating will not affect the financial condition or may attach facilities to poles belonging Separate Accounts’’) of both affiliated operations of AESC or the Operating to the other party, with each party and unaffiliated life insurance Companies. AESC and New AE Supply, obligated to the other for rental of space companies (‘‘Participating Insurance as successor to AE Supply, request on poles owned by the other party. The Companies’’); (2) qualified pension and authority to revise the service agreement proposed sale of poles is for the purpose retirement plans (‘‘Participating Plans’’) to provide for AESC to effect trading of equalizing the rental payments under outside the separate account context; transactions for and on behalf of New those joint use agreements, and it is and (3) the Manager and any other AE Supply involving electricity and anticipated that there will be no affiliated and unaffiliated registered other types of energy commodities, and substantial change in the use of the investment advisor (each, a hedging and/or financial transactions, poles. ‘‘Subadvisor’’) retained by the Manager to manager the portfolio securities of a including derivatives, future contracts, For the Commission, by the Division of options and swaps, including, without Touchstone Fund, and any affiliate of Investment Management, pursuant to the Manager and affiliates of the limitation, electric power, oil, natural delegated authority. and manufactured gas, emission Subadvisors (collectively, the Margaret H. McFarland, ‘‘Participating Investors’’). allowances, coal, refined petroleum Deputy Secretary. products and natural gas liquids and to Filing Date: The original application [FR Doc. 01–30324 Filed 12–6–01; 8:45 am] provide incidental related services, such was filed on June 5, 2001. An amended as fuel management, storage and BILLING CODE 8010–01–P and restated application was filed on procurement services. All services will November 28, 2001. Hearing or Notification of Hearing: An be provided by AESC at cost computed SECURITIES AND EXCHANGE order granting the application will be in accordance with rules 90 and 91 COMMISSION issued unless the Commission orders a under the Act. hearing. Interested persons may request [Release No. IC–25305; File No. 812–12544] a hearing by writing to the merge Conemaugh with and into Conemaugh II, Commission’s Secretary and serving with Conemaugh II as the surviving entity. Touchstone Variable Series Trust, et 7 New AE Supply will form a single-member Applicants with a copy of the request, Virginia limited liability company, to be referred to al. personally or by mail. Hearing requests as AGC, LLC. New AE Supply proposes to merge should be received by the Commission December 3, 2001. AGC with and into AGC, LLC, with AGC, LLC as by 5:30 p.m. on December 28, 2001, and the surviving entity. The purpose of the AGENCY: Securities and Exchange reorganization of AGC is to effect a ‘‘liquidation’’ should be accompanied by proof of of AGC for tax purposes, which may enhance the Commission (the ‘‘Commission’’). service on Applicants in the form of an tax treatment to Allegheny in the future, while ACTION: Notice of an application for an affidavit or, for lawyers, a certificate of maintaining AGC, LLC as a separate legal entity. order of exemption pursuant to Section service. Hearing requests should state 8 At an appropriate time, AE Supply will seek to certify each entity as an EWG under section 32 of 6(c) of the Investment Company Act of the nature of writer’s interest, the reason the Act. In the interim, they will remain public 1940 (the ‘‘1940 Act’’) granting relief for the request, and the issues contested. utility companies under the Act. from Sections 9(a), 13(a), 15(a) and 15(b) Persons who wish to be notified of a
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hearing may request notification by invests. With respect to the Participating separate accounts) of the same life writing to the Commission’s Secretary. Insurance Companies, the role of the insurance company or of affiliated life ADDRESSES: Secretary, Securities and funds, insofar as the federal securities insurance companies; (b) separate Exchange Commission, 450 Fifth Street, laws are applicable, will be limited to accounts of unaffiliated life insurance NW, Washington, DC 20549. offering shares to Participating Separate companies (including both variable Applicants, c/o Frost Brown Todd LLC, Accounts and fulfilling any conditions annuity separate accounts and variable 2200 PNC Center, 201 East Fifth Street, the Commission may impose upon life insurance separate accounts); (c) Cincinnati, Ohio 45202, Attention: granting the order requested by this trustees of qualified pension or Karen M. McLaughlin, Esq. or Kevin L. Application. retirement plans; and (d) the Cooney, Esq. 5. Shares of the Funds will also be Participating Investors. FOR FURTHER INFORMATION CONTACT: offered to Participating Plans. It is 2. Section 6(c) of the Act authorizes Alison Toledo, Senior Counsel, or Lorna anticipated that Participating Plans may the Commission to exempt any person, Macleod, Branch Chief, Office of choose a Fund (or any one or more security or transaction from the series thereof) as the sole investment provisions of the 1940 Act and rules Insurance Products, Division of under the Participating Plan or as one of promulgated thereunder, if and to the Investment Management at (202) 942– several investments. Participating Plan extent that, such exemption is necessary 0670. participants may or may not be given an or appropriate in the public interest or SUPPLEMENTARY INFORMATION: The investment choice among investment for the protection of investors and the following is a summary of the alternatives, depending on the plan purposes fairly intended by the policy application. The complete application is itself. Shares of the Funds sold to and provisions of the 1940 Act. available for a fee from the Participating Plans would be held by the 3. In connection with the funding of Commission’s Public Reference Branch, trustee(s) of these plans as mandated by scheduled premium variable life 450 Fifth Street, NW, Washington, DC, Section 403(a) of the Employee insurance contracts issued through a 20549–0102 (202–942–8090). Retirement Income Security Act of 1974, separate account registered under the 1940 Act as a unit investment trust, Applicants’ Representations as amended (‘‘ERISA’’). With respect to the Participating Plans, insofar as Rule 6e–2(b)(15) under the 1940 Act 1. TVST is a Massachusetts business federal securities laws are applicable, provides partial exemptions from trust that is registered under the 1940 the role of the Funds will be limited to Sections 9(a), 13(a), 15(a), and 15(b) of Act as an open-end diversified offering shares to Participating Plans the 1940 Act. Section 9(a) of the 1940 management investment company. and fulfilling any conditions the Act provides that it is unlawful for any TVST currently consists of, and offers Commission may impose upon granting company to serve as an investment shares of beneficial interests in, separate the order requested by this Application. adviser or principal underwriter of any portfolios (each a ‘‘Touchstone Fund’’ 6. Shares of each Fund also may be registered open-end investment and collectively the ‘‘Touchstone offered to the Participating Investors. company if an affiliated person of that Funds’’), each of which has its own When the Participating Investors invest company is subject to disqualification investment objectives and policies. in the Funds, they will have the legal enumerated in Section 9(a)(1) or (2) of TVST may in the future issue shares of obligation of satisfying all applicable the 1940 Act. Rules 6e–2(b)(15)(i) and additional portfolios. requirements under the federal (ii) provide partial exemptions from 2. Touchstone Advisors is registered securities laws and other applicable Section 9(a). Rule 6e–2(b)(15)(iii) as an investment adviser under the laws. With respect to the Participating provides a partial exemption from Investment Advisers Act of 1940, as Investors, insofar as the federal Sections 13(a), 15(a) and 15(b) of the amended, and is the investment adviser securities laws are applicable, the role 1940 Act to the extent those sections for each Touchstone Fund. Touchstone of the Funds will be limited to offering have been deemed by the Commission Advisors in turn has retained shares to the Participating Investors and to require ‘‘pass-through’’ voting with Subadvisors to manage the portfolio fulfilling any conditions the respect to an underlying fund’s shares. securities of each Touchstone Fund. Commission may impose upon granting 4. The exemptions granted by Rule 3. Shares of the Funds will be offered the order requested by this Application. 6e–2(b)(15) are available only where all to Participating Separate Accounts of of the assets of the separate account Participating Insurance Companies to Applicants’ Legal Analysis consist of the shares of one or more serve as investment vehicles for various 1. Applicants request an order of the registered management investment types of insurance products, which may Commission pursuant to Section 6(c) of companies that offer their shares include variable annuity contracts, the 1940 Act exempting the ‘‘exclusively to variable life insurance single premium variable life insurance Participating Separate Accounts of separate accounts of the life insurer, or contracts, scheduled premium variable Participating Insurance Companies (and, of any affiliated life insurance company life insurance contracts, modified single to the extent necessary, any investment ***.’’ Therefore the relief granted by premium variable life insurance policies adviser, sub-adviser, principal Rule 6e–2(b)(15) is not available if the and flexible premium variable life underwriter, manager, administrator or scheduled premium variable life insurance contracts. sponsor of a Fund) from Sections 9(a), insurance separate account owns shares 4. Each Participating Insurance 13(a), 15(a), and 15(b) of the 1940 Act, of a management company that also Company will have the legal obligation and Rules 6e–2(b)(15) and 6e– offers its shares to a flexible premium to satisfy all requirements applicable to 3(T)(b)(15) thereunder (and any variable life insurance or variable it under both state and federal securities permanent rule comparable to Rule 6e– annuity separate account of the same laws in connection with any variable 3(T)), to the extent necessary to permit insurance company or any other contract issued by such company. Each shares of the Funds to be offered and insurance company. The use of a Participating Insurance Company will sold to, and held by: (a) Variable common management investment enter into a fund participation annuity separate accounts and variable company as the underlying investment agreement with the applicable Trust on life insurance separate accounts medium for both variable annuity and behalf of the Fund in which the (including both scheduled and flexible variable life insurance separate accounts Participating Insurance Company premium variable life insurance of the same life insurance company or
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of any affiliated life insurance company variable life insurance contracts or diversification requirements, all of the is referred to as ‘‘mixed funding.’’ flexible premium variable life insurance beneficial interests in the investment 5. In addition, applicants assert that contracts, or both; or which also offer company must be held by the segregated the relief granted by Rule 6e–2(b)(15) is their shares to variable annuity separate asset accounts of one or more insurance not available if the scheduled premium accounts of the life insurer or of an companies. The regulations, however, variable life insurance separate account affiliated life insurance company.’’ do contain certain exceptions to this owns shares of an underlying Therefore, Rule 6e–3(T)(b)(15) grants the requirement, one of which allows shares management company that also offers exemptions if the underlying fund in an investment company to be held by its shares to separate accounts funding engages in mixed funding for a flexible the trustees of a pension or retirement variable contracts of one or more premium variable life insurance plan as well as segregated asset accounts unaffiliated life insurance companies. separate account, subject to certain of insurance companies in connection The use of a common management conditions, but does not permit shared with their variable contracts. (See Treas. company as the underlying investment funding. Reg. § 1.817–5(f)(3)(iii)). Applicants medium for variable annuity and/or 9. Applicants asset that the relief assert that another exception allows variable life insurance separate accounts provided by Rule 6e–3(T) is not relevant shares in an investment company to be of one insurance company and separate to the purchase of shares of the Funds held by the investment manager of the accounts funding variable contracts of by Participating Plans or by the investment company and certain one or more unaffiliated life insurance Participating Investors. However, companies related to the investment companies is referred to as ‘‘shared because the relief granted by Rule 6e– manager as well as the segregated asset funding.’’ 3(T)(b)(15) is available only where accounts of insurance companies (Treas. 6. Moreover, although the relief shares of the underlying fund are Reg. § 1.817–5(f)(3)(ii)). granted by Rule 6e–2(b)(15) is not offered exclusively to separate accounts, 12. Applicants state that the affected by the purchase of shares of the or to life insurers in connection with the promulgation of Rules 6e–2 and 6e–3(T) Funds by Participating Plans and the operation of a separate account, preceded the issuance of these Treasury Participating Investors, because the additional relief may be necessary if Regulations, and that it is possible for relief granted by Rule 6e–2(b)(15) is shares of the Funds are also sold to shares of an investment company to be available only where shares are offered Participating Plans or to the held by the trustee of a qualified exclusively to variable life insurance Participating Investors. pension or retirement plan or the separate accounts, additional exemptive 10. Applicants assert that if the Funds investment company’s investment relief may be necessary if the shares of were to sell their shares only to manager and certain related companies the Funds are also sold to Participating Participating Plans or to the without adversely affecting the ability of Plans or to the Participating Investors. Participating Investors, no exemptive 7. In connection with the funding of relief would be necessary. None of the shares in the same investment company flexible premium variable life insurance relief provided for in Rules 6e–2(b)(15) to be held by the separate accounts of contracts issued through a separate and 6e–3(T)(b)(15) relates to qualified insurance companies in connection account registered under the 1940 Act pension and retirement plans or to a with their variable contracts. Given the as a unit investment trust, Rule 6e– registered investment company’s ability then-current tax law, the sale of shares 3(T)(b)(15) under the 1940 Act provides to sell its shares to such plans or to the of the same investment company to partial exemptions from Sections 13(a), Participating Investors. Exemptive relief separate accounts of insurance 15(a), and 15(b) of the 1940 Act to the in connection with the sale of shares of companies, trustees of qualified plans or extent that those sections have been the Funds to Participating Plans or the the investment company’s investment deemed by the Commission to require Participating Investors is requested only manager and companies related to the ‘‘pass-through’’ voting with respect to because Applicants are seeking relief investment manager could not have an underlying fund’s shares. In under Rules 6e–2 and 6e–3(T) and do been envisioned at the time of the addition, Rule 6e–3(T)(b)(15) provides a not wish to be denied such relief if the adoption of Rules 6e–2(b)(15) and 6e– partial exemption from Section 9(a) to Funds sell shares to Participating Plans 3(T)(b)(15). the extent that such section would or to the Participating Investors. 13. In general, Section 9(a) of the 1940 render a company ineligible to serve as 11. Applicants state that the current Act disqualifies any person convicted of an investment adviser or principal tax law permits the Funds to sell their certain offenses, and any company underwriter of any registered open-end shares to the Participating Plans and to affiliated with that person, from acting management investment company, the Participating Investors. Section or serving in various capacities with where an officer, director, employee or 817(h) of the Internal Revenue Code (the respect to a registered investment affiliated person of such company is ‘‘Code’’) imposes certain diversification company. Section 9(a) provides that it is subject to a disqualification enumerated requirements on the underlying assets of unlawful for any company to serve as in Section 9(a), but the individual variable contracts. The Code provides investment adviser to, or principal subject to such disqualification does not that variable contracts shall not be underwriter for, any registered open-end participate directly in the management treated as an annuity contract or life investment company if an affiliated or administration of the underlying insurance contract for any period (and person of that company is subject to a management investment company. any subsequent period) in which the disqualification enumerated in Sections 8. The exemptions granted to a underlying assets are not adequately 9(a)(1) or (2). Rules 6e–2(b)(15)(i) and separate account by Rule 6e–3(T)(b)(15) diversified as prescribed by the U.S. (ii) and Rules 6e–3(T)(b)(15)(i) and (ii) are available only where all of the assets Department of the Treasury (the provide partial exemptions from Section of the separate account consist of the ‘‘Treasury Department’’). The Treasury 9(a) under certain circumstances, shares of one or more registered Department has issued regulations subject to limitations on mixed and management investment companies (Treas. Reg. 1.817–5) (the ‘‘Treasury shared funding imposed by the 1940 Act which offer their shares ‘‘exclusively to Regulations’’) which establish and the rules thereunder. These separate accounts of the life insurer, or diversification requirements for exemptions limit the application of the of any affiliated life insurance company investment portfolios underlying eligibility restrictions to affiliated offering either scheduled premium variable contracts. To meet these individuals or companies that directly
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participate in the management of the purpose. Furthermore, the increased be consistent with the investment underlying management company. monitoring costs would reduce the net objectives of the separate account or (ii) 14. Applicants state that the relief rates of return realized by contract would vary from the general quality and provided by Rules 6e–2(b)(15)(i) and owners and plan participants. nature of investments and investments 6e–3(T)(b)(15)(i) under the 1940 act 18. Moreover, Applicants assert that techniques used by other separate permits a person disqualified under the relief requested should not be accounts of the company or of an Section 9(a) to serve as an officer, affected by the sale of shares of the affiliated life insurance company with director, or employee of the life insurer, Funds to the Participating Investors. similar investment objectives. or any of its affiliates, so long as that The eligibility restrictions of Section 23. Applicants state that in the case of person does not participate directly in 9(a) will still apply to any officers, a change in an investment adviser or the management or administration of directors or employees of the principal underwriter, the insurance the underlying fund. Participating Investors who participate company, in order to disregard contract 15. Applicants assert that the relief directly in the management or owners’ voting instructions, must make provided by Rules 6e–2(b)(15)(ii) and administration of the Funds. a good faith determination that either: 6e–3(T)(b)(15)(ii) under the 1940 Act 19. Rules 6e–2(b)(15)(iii) and 6e– (a) The proposed advisory fees would permits a life insurer to serve as the 3(T)(b)(15)(iii) assume the existence of a exceed the maximum rate that may be underlying fund’s investment adviser or pass-through voting requirement with charged against the separate account’s principal underwriter, provided that respect to management investment assets; or (b) the proposed adviser may none of the insurer’s personnel who are company shares held by a separate be expected (i) to employ investment ineligible pursuant to Section 9(a) are account. Participating Insurance techniques that would vary from the participating in the management or Companies will provide pass-through general techniques used by the current administration of the underlying fund. voting privileges to variable contract adviser, or (ii) to manage the 16. Applicants state that the partial owners so long as the Commission investments in a manner that either relief granted in Rules 6e–2(b)(15) and interprets the 1940 Act to require pass- would be inconsistent with the 6e–3(T)(b)(15) from the requirements of through voting privileges for variable investment objectives of the separate Section 9 of the 1940 Act, in effect, contract owners. However, if the account or would result in investments limits the amount of monitoring limitations on mixed funding and that vary from certain standards. necessary to ensure compliance with shared funding are observed, Rules 6e– 24. Applicants state that Rule 6e–2 Section 9 to that which is appropriate in 2(b)(15)(iii) and 6e–3(T)(b)(15)(iii) recognizes that a variable life insurance light of the policy and purposes of provide exemptions from the pass- contract has important elements unique Section 9. The rules recognize that it is through voting requirements with to insurance contracts and is subject to not necessary for the protection of respect to several significant matters. extensive state regulation of insurance. investors or the purposes fairly intended 20. Rules 6e–2(b)(15)(iii)(A) and 6e– In adopting Rule 6e–2(b)(15)(iii), the by the policy and provisions of the 1940 3(T)(b)(15)(iii)(A)(1) provide that an Commission expressly recognized that Act to apply the provisions of Section insurance company may disregard the state insurance regulators have 9(a) to many individuals in a typical voting instructions of its contract authority, pursuant to state insurance insurance company complex, most of owners with respect to the investments laws or regulations, to disapprove or whom typically will have no of an underlying fund, or any contract require changes in investment policies, involvement in matters pertaining to between a fund and its investment investment advisers, or principal investment companies in that adviser, when required to do so by an underwriters. The Commission also organization. Applicants assert that it is insurance regulatory authority (subject expressly recognized that state also unnecessary to apply Section 9(a) to the provisions of paragraphs (b)(5)(i) insurance regulators have authority to to the many individuals employed by and (b)(7)(ii)(A) of such Rules). require an insurer to draw from its Participating Insurance Companies (or 21. Rules 6e–2(b)(15)(iii)(B) and 6e– general account to cover costs imposed affiliated companies of Participating 3(T)(b)(15)(iii)(A)(2) provide that, with upon the insurer by a change approved Insurance Companies) who do not respect to registered management by contract owners over the insurer’s participate in the administration or investment companies whose shares are objection. The Commission, therefore, management of the Funds. held by a separate account of an deemed exemptions from the pass- 17. The Applicants state that there is insurance company, the insurance through voting requirements necessary no regulatory purpose in extending the company may disregard contract ‘‘to assure the solvency of the life monitoring requirements to embrace a owners’ voting instructions if the insurer and performance of its full application of Section 9(a)’s contract owners initiate any change in contractual obligations by enabling an eligibility restrictions because of mixed such company’s investment objectives insurance regulatory authority or the life and shared funding or sales to or any principal underwriter or insurer to act when certain proposals Participating Plans. Participating investment adviser (provided that reasonably could be expected to Insurance Companies and Participating disregarding such voting instructions is increase the risks undertaken by the life Plans are not expected to play any role reasonable and subject to the other insurer.’’ In this respect, flexible in the management or administration of provisions of paragraphs (b)(5)(ii) and premium variable life insurance the Funds. It is expected that those (b)(7)(ii)(B) and (C) of Rules 6e–2 and contracts are identical to scheduled individuals who participate in the 6e–3(T)). premium variable life insurance management or administration of the 22. Applicants state that in the case of contracts. Therefore, the corresponding Funds will remain the same regardless a proposed change in the underlying provisions of Rule 6e–3(T), which apply of which separate accounts, insurance fund’s investment policies, the to flexible premium insurance contracts companies or qualified plans use the insurance company, in order to and permit mixed funding, were Funds. Therefore, applying the disregard contact owner voting adopted in recognition of the same monitoring requirements of Section 9(a) instructions, must make a good faith considerations as the Commission because of investments by Participating determination that such a change either applied in adopting Rule 6e–2. Insurance Companies or Participating would: (a) Violate state law; or (b) result 25. Applicants assert that the Plans would not serve any regulatory in investments that either (i) would not considerations that prompted the
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Commission to include exemptions Participating Plans, does not present the based on those imposed by the from pass-through voting requirements type of issues with respect to voting Commission in numerous exemptive in both Rules 6e–2 and 6e–3(T) are no rights that are presented by variable life orders related to sales to qualified less important and necessary when an separate accounts. ERISA does not retirement and pension plans, will insurance company funds its separate require pass-through voting to provide the appropriate safeguards for accounts with underlying funds engaged participants in qualified pension or dealing with such conflicts of interest. in mixed funding and shared funding. retirement plans that are not registered 31. Moreover, Applicants assert that Such funding does not compromise the as investment companies under the the Participating Investors are not goals of the insurance regulatory 1940 Act. subject to any pass-through voting authorities or the Commission. In 28. Applicants submit that Section requirements. Accordingly, the issue of connection with mixed funding, the 403(a) of ERISA provides that the the resolution of material irreconcilable Commission may have wished to trustee(s) must have exclusive authority conflicts with respect to voting is not reserve wide latitude with respect to the and discretion to manage and control present with respect to the Participating once unfamiliar variable annuity the investments of the Participating Investors. product, but that product is now Plans with two exceptions: (a) When a 32. Applicants assert that the familiar, and there appears to be no Participating Plan expressly provides Commission’s primary concern with reason for the maintenance of that the trustee(s) is (are) subject to the respect to mixed and shared funding prohibitions against mixed funding direction of a named fiduciary who is issues is that of potential conflicts of arrangements. not a trustee, in which case the interest. Therefore the prohibitions on 26. Applicants note that when the trustee(s) is (are) subject to proper mixed and shared funding might reflect Commission amended Rule 6e–3(T) in directions made in accordance with the some concern with possible divergent 1985, it considered the appropriateness terms of the plan and not contrary to interests among different classes of of extending the partial exemptions ERISA; and (b) when the authority to investors. When Rule 6e–2 was adopted, from the pass-through voting manage, acquire or dispose of assets of variable annuity separate accounts requirements to separate accounts that the plan is delegated to one or more could (and some did) invest in mutual invest in underlying funds offering their investment managers pursuant to funds whose shares were also offered to shares to variable contract separate Section 402(c)(3) of ERISA. Unless one the general public. Therefore, at the accounts of both affiliated and of the two exceptions stated in Section time of the adoption of Rule 6e–2, the unaffiliated life insurance companies 403(a) applies, plan trustees have the Commission staff contemplated (i.e., shared funding). At that time, the exclusive authority and responsibility underlying funds with public Commission stated that shared funding for voting proxies. When a named shareholders and with variable life was a new and somewhat complicated fiduciary appoints an investment insurance separate account area from a regulatory perspective and manager, the investment manager has shareholders. The Commission staff may reiterated its concerns about voting the responsibility to vote the shares held have been concerned with the arrangements and irreconcilable unless the right to vote such shares is potentially different investment conflicts in the area of mixed and reserved to the trustees or the named motivations of public shareholders and shared funding. The Applicants believe fiduciary. Accordingly, unlike the case variable life insurance contract owners. that the Commission’s concerns about with insurance company separate There also may have been some concern voting arrangements and material accounts, issues related to pass-through with a state insurance regulatory irreconcilable conflicts are not voting rights and potential material authority having the authority to affect warranted in the context of shared irreconcilable differences are not the operations of a publicly available funding because offering shares of an present with respect to Participating mutual fund, and hence, affect the underlying fund to separate accounts of Plans that do not provide pass-through investment decisions of public unaffiliated life insurance companies voting privileges to their participants. shareholders. does not increase the risk of material 29. Applicants note that some plans 33. Applicants note that, for reasons irreconcilable conflicts among may provide participants with the right unrelated to the 1940 Act, Internal shareholders of the Funds. Furthermore, to give voting instructions. However, Revenue Service Ruling 81–225 (Sept. the Commission’s application there is no reason to believe that 25, 1981) effectively deprived variable experience over the past 15 years in participants in plans generally, or those annuities funded by publicly available crafting appropriate safeguards to deal in a particular plan, either as a single mutual funds of their tax-benefited with potential conflicts of interest group or in combination with other status. Applicants state that the Tax arising from shared funding plans, would vote in a manner that Reform Act of 1984 codified the arrangements is reflected in the would disadvantage variable contract prohibition against the use of publicly conditions proposed by the Applicants. owners. Therefore, the purchase of available mutual funds as an investment 27. Applicants further assert that the shares of the Funds by Participating medium for variable contracts offer and sale of shares of the Funds to Plans that provide voting rights to (including variable life contracts). Participating Plans or to the participants does not present any Applicants further state that Section Participating Investors will not have any complications not otherwise occasioned 817(h) of the Code, in effect, requires impact on the relief requested with by mixed funding and shared funding. that the investments made by variable respect to pass-through voting. Shares of 30. Applicants further assert that annuity and variable life insurance the Funds sold to Participating Plans certain complications are not present separate accounts be ‘‘adequately will be held by the trustees or with respect to these Participating Plans diversified.’’ If a separate account is custodians of the Participating Plans as because insurance regulations would registered as a unit investment trust that required by Section 403(a) of ERISA or not be applicable to the plans and the invests in a single fund or series, applicable provisions of the Code. The insurance company could not disregard Applicants maintain that Section 817(h) exercise of voting rights by Participating votes cast by a plan trustee, even if the and the Treasury Regulations provide, Plans, whether by the trustees, by votes were based on plan participant in effect, that the diversification test participants, by beneficiaries, or by instructions. Moreover, the conditions will be applied at the underlying fund investment managers engaged by the proposed by the Applicants, which are level rather than at the separate account
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level, but only if ‘‘all of the beneficial create a significantly different or vote, the insurer may be required, at the interests’’ in the underlying fund ‘‘are enlarged problem. relevant Fund’s election, to withdraw its held by one or more insurance 36. Applicants assert that shared separate account’s investment in the companies (or affiliated companies) in funding by unaffiliated insurers does Fund. No charge or penalty will be their general account or in segregated not present any issues that do not imposed as a result of such withdrawal. asset accounts * * *’’ Applicants state already exist where the same investment The participation agreements executed that, accordingly, a unit investment company serves as the funding vehicle by the Participating Insurance trust separate account that invests solely for affiliated insurers, which Rules 6e– Companies will contain these in a publicly available mutual fund 2(b)(15) and 6e–3(T)(b)(15) permit. provisions. would not be adequately diversified. In Affiliated insurers may be domiciled in 38. Applicants submit that investment addition, Applicants state that any different states and be subject to by the Participating Plans and the underlying fund, including any fund differing state law requirements. Participating Investors in any of the that sells its shares to separate accounts, Applicants submit that affiliation does Funds will similarly present no in effect, would be precluded from not reduce the potential, if any exists, additional conflict. The likelihood that selling its shares to the public. for differences in state regulatory voting instructions of variable contract Consequently, there will be no public requirements. In any event, the owners will ever be disregarded or the shareholders of the Funds. conditions proposed below, which are possible withdrawal referred to 34. Moreover, Applicants assert that adopted from the conditions included in immediately above is extremely remote the National Association of Insurance Rule 6e–3(T)(b)(15) and which are and this possibility will be known, Commissioners Variable Insurance virtually identical to the conditions through prospectus disclosure, to any Model Regulation (the ‘‘NAIC Model imposed in other mixed and shared plans choosing to invest in a Fund. Regulation’’) reflects the Commission’s funding orders granted by the Moreover, Applicants state that even if apparent confidence that mixed and Commission, are designed to safeguard a material irreconcilable conflict shared funding is appropriate and that against, and provide procedures for, involving a Participating Plan or the state insurance regulators can resolving any adverse effects that Participating Investors arises, the adequately protect the interests of all differences among state regulatory Participating Plan or the Participating contract owners. The NAIC Model requirements may produce. For Investors may simply redeem its Fund Regulation suggests that it is unlikely example, if a particular state insurance shares and make alternative regulatory decision conflicts with the investments. that insurance regulators would find an majority of other states regulators, then 39. Applicants state that there is no investment policy, principal the affected Participating Insurance reason why the investment policies of a underwriter or investment adviser Company will be required to withdraw Fund when it engages in sales to inappropriate for one insurance its separate account’s investment in the Participating Plans would or should be product, but not for another insurance Fund. This requirement will be materially different from the investment product. Applicants note that the NAIC included in agreements that will be policies of the Fund when it supports Model Regulation, at Article VI, Section entered into by Participating Insurance only variable annuity separate accounts 1.9, as amended, removes a previous Companies with respect to their or variable life insurance separate requirement that variable life insurance participation in the Funds. accounts, whether flexible premium or separate accounts not be used for 37. Shared funding does not present scheduled premium contracts. Each variable annuity contracts. The NAIC any issues that do not already exist type of insurance product is designed as Model Regulation has long permitted when a life insurer disregards contract a long-term investment program. The the use of a single underlying fund for owner voting instructions. Under Rules investment objective of a qualified different separate accounts. The NAIC 6e–2(b)(15) and 6e–3(T)(b)(15), an pension or retirement plan should Model Regulation, at Article VI, Section insurer may disregard contract owner coincide with a long-term investment 3, as amended, eliminates a previous voting instructions only with respect to program and should not increase the prohibition on one separate account certain specified items. Affiliation does potential for conflicts. investing in a separate account of not eliminate the potential, if any exists, 40. Each Fund will be managed to another insurance company. As between for divergent judgments as to the attempt to achieve the investment scheduled premium and flexible advisability or legality of a change in objective or objectives of the Fund, and premium variable life insurance investment policies, principal not to favor or disfavor any particular policies, Applicants note that the NAIC underwriter, or investment adviser Participating Insurance Company or Model Regulation draws no distinction. initiated by contract owners. The Participating Plan, the Participating 35. Applicants assert that shared potential for disagreement is limited by Investors or any particular type of funding by unaffiliated insurance the requirements in Rules 6e–2 and 6e– insurance product or plan. There is no companies does not present any issues 3(T) that the insurance company’s reason to believe that the different that do not already exist where a single disregard of voting instructions be features of various types of contracts, insurance company is licensed to do reasonable and based on specific good including the ‘‘minimum death benefit’’ business in several or all states. If faith determinations. guarantee under certain variable life insurers are domiciled in different Nevertheless, a particular insurer’s insurance and variable annuity states, it is possible that the particular disregard of voting instructions could contracts, will lead to different state insurance regulatory body in a conflict with the voting instructions of investment policies for different types of state in which one insurance company a majority of contract owners. One variable contracts. First, minimum is domiciled could require action that is insurer might determine to disregard death benefit guarantees generally are inconsistent with the requirements of voting instructions when all or some of specifically provided for by particular insurance regulators of other states in the other insurers (including affiliated charges, and always are supported by which other insurance companies are insurers) determine to follow the voting general account reserves as required by domiciled. The fact that different instructions of contract owners. If the state insurance law. Second, certain Participating Insurance Companies are insurer’s judgment represents a minority variable annuity contracts also have domiciled in different states does not position or would preclude a majority minimum death benefit guarantees. To
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the extent that the degree of risk may accounts to share the same underlying with respect to their respective shares of differ as between variable annuity investment company. In addition, a Fund. They can only redeem such contracts and variable life insurance Treasury Reg. 1.817–5(f)(3)(ii) permits shares at their net asset value. No policies, the differing insurance charges the Participating Investors to invest in shareholder of any of the Funds will imposed, in effect, adjust any such the same underlying investment have any preference over any other differences and equalize the insurer’s company. Applicants assert, therefore, shareholder with respect to distribution exposure in either case. Third, the sale, that neither the Code, nor the Treasury of assets or payment of dividends. persistency and ultimate success of all Regulations, nor the revenue rulings 46. Applicants assert that there are no variable insurance products depend, at thereunder recognize any inherent conflicts between the variable contract least in part, on satisfactory investment conflicts of interests if Participating owners of the Participating Separate performance, which provides an Plans, Participating Separate Accounts Accounts and the participants under the incentive for the insurer to optimize and the Participating Investors all invest Participating Plans or the Participating investment performance. Fourth, under in the same management investment Investor with respect to the state existing statutes and regulations, an company. insurance commissioners’ veto powers insurance company and its affiliates can 43. Although there may be differences (direct with respect to variable life and offer a variety of variable annuity and in the manner in which distributions indirect with respect to variable life insurance contracts, some with from variable annuity contracts, variable annuities) over investment objectives. death benefit guarantees of different life insurance contracts and qualified The basic premise of shareholder voting types and significance (and different pension and retirement plans are taxed, is not all shareholders may agree with degrees of risk for the insurer), some Applicants state that the tax a particular proposal. This does not without death benefit guarantees, all consequences do not raise any conflicts mean that there are any inherent funded by a single mutual fund. of interest with respect to use of the conflicts of interest between 41. Applicants note that no one Funds. When distributions are to be shareholders. The state insurance investment strategy can be identified as made, and a Participating Separate commissioners have been given the veto appropriate to a particular insurance Account or a Participating Plan cannot power in recognition of the fact that product or to a particular pension or net purchase payments to make the insurance companies cannot simply retirement plan. Each pool of variable distributions, the Participating Separate redeem their separate accounts out of annuity and variable life insurance Account or the Participating Plan will one investment company and invest in contract owners is composed of redeem shares of the Fund at their net another. Generally, time-consuming, individuals of diverse financial status, asset value. The Participating Plan will complex transactions must be age, insurance needs, and investment then make distributions in accordance undertaken to accomplish such goals. Likewise participants in a with the terms of the plan, and the redemptions and transfers. On the other particular pension or retirement plan Participating Insurance Company will hand, trustees of qualified plans can differ in financial status, age and make distributions in accordance with redeem their shares from an investment investment goals. A Fund supporting the terms of the variable contract. company and reinvest in another even one type of insurance product or 44. Applicants state that it is possible funding vehicle without the same one type of pension or retirement plan to provide an equitable means of giving regulatory impediments or, as is the must accommodate these diverse factors voting rights to separate account case with most plans, even hold cash in order to attract and retain purchasers. contract owners and to Participating pending suitable investment. Based on Applicants submit that permitting sales Plans and the Participating Investors. the foregoing, Applicants have to Participating Plans will provide Applicants represent that each Fund concluded that even if issues arise economic support for the continuation will inform each shareholder, including where the interests of variable contract of the Funds. In addition, the broader each Participating Separate Account, owners and the interests of Participating base of contract owners and participants each Participating Plan and the Plans are in conflict, the issues can be can be expected to provide economic Participating Investors, of its respective almost immediately resolved because support for the creation of additional share of ownership in the Funds. Each the trustees of the Plans, on their own, Funds with a greater variety of Participating Insurance Company then can redeem their shares from an investment objectives and policies. will solicit voting instructions in investment company and reinvest in 42. In connection with the proposed accordance with the applicable ‘‘pass- another funding vehicle at any time. sale of shares of the Funds to through’’ voting requirement. 47. The Applicants assert that Participating Plans or to the 45. Applicants submit that the ability permitting the sale of a Fund’s shares to Participating Investors, Applicants of a Fund to sell its shares directly to the Participating Investor in compliance submit that either there are no conflicts Participating Plans or the Participating with Treasury Reg. 1.817–5 will of interest or there exists the ability by Investors does not create a ‘‘senior enhance Fund management without the affected parties to resolve any such security’’ with respect to any variable raising significant concerns regarding conflicts without harm to the contract contract owner as opposed to a material irreconcilable conflicts. Section owners in the Participating Separate participant in a Participating Plan or the 14(a) of the 1940 Act generally requires Accounts or to participants under the Participating Investors. The term that an investment company have a net Participating Plans. Section 817(h) of ‘‘senior security’’ is defined under worth of $100,000 upon making a public the Code imposes certain diversification Section 18(g) of the 1940 Act to include offering of its shares. Initial capital is standards on the underlying assets of ‘‘any stock of a class having priority also required in connection with the variable contracts held in the portfolios over any other class as to distribution of creation of new series and the voting of of management investment companies. assets or payment of dividends.’’ initial shares of such series on matters Treasury Regulation 1.817–5(f)(3)(iii), Regardless of the rights and benefits of requiring the approval of shareholders. which established diversification participants under the Participating A potential source of initial capital for requirements for such portfolios, Plans, or contract owners under variable a new Trust or a new Fund is the specifically permits, among other contracts, Participating Plans, Manager or its affiliates or a things, ‘‘qualified pension or retirement Participating Separate Accounts and the Participating Insurance Company. Any plans’’ and insurance company separate Participating Investors have rights only of these parties may have an interest in
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making the capital expenditure, and in available for shared funding should any applicable orders of the participating with the new Trust or the encourage more insurance companies to Commission. However, if this condition new Fund in its organization. However, offer variable contracts and result in is not met by reason of the death, provision of seed capital or the purchase increased competition with respect to disqualification, or bona fide resignation of Fund shares by the Participating both variable contract design and of any trustee or trustees, then the Investor or by a Participating Insurance pricing, which can be expected to result operation of this condition will be Company may be deemed to violate the in more product variation and lower suspended: (a) For a period of 90 days exclusivity requirement of Rule 6e– charges. if the vacancy or vacancies may be filled 2(b)(15) and/or Rule 6e–3(T)(b)(1) under 51. The Applicants further assert that by the remaining trustees; the 1940 Act. sale of shares of the Funds to (b) for a period of 150 days if a vote 48. Applicants anticipate that such Participating Plans should further of shareholders is required to fill the investment by the Participating Investor increase the amount of assets available vacancy or vacancies; or (c) for such or by a Participating Insurance for investment by the Funds. This larger longer period as the Commission may Company will be made in compliance asset base should benefit variable prescribe by order upon application. with Treasury Reg. 1.817–5(f)(3). Given contract owners and plan participants 2. Each Board will monitor its the conditions of Treasury Reg. 1.817– by promoting economies of scale, by respective Funds for the existence of 5(f)(3) under the Code and the harmony permitting greater diversification, and any material irreconcilable conflict of interest between a Fund, on the one by making the addition of new Funds among the interests of the variable hand, and the Participating Investors or more feasible. In connection with the contract owners of the Participating a Participating Insurance Company, on proposed sale of shares of the Funds to Separate Accounts, participants under the other, the Applicants assert that Participating Plans, Applicants further the Participating Plans and the little incentive for overreaching exists. submit that the intended use of the Participating Investor investing in the Furthermore, such investment should Funds with Participating Plans is not Fund, and the Board will determine not implicate the concerns discussed dissimilar from the intended use of the what action, if any, should be taken in above regarding the creation of material Funds with variable contracts in that response to such conflicts. A material irreconcilable conflicts. Instead, Participating Plans, like variable irreconcilable conflict may arise for a permitting investments by the contracts, are generally long-term variety of reasons, including: (a) An Participating Investor or a Participating retirement vehicles. The Applicants action by any state insurance regulatory Insurance Company will permit the further submit that the sale of shares of authority; (b) a change in applicable orderly and efficient creation and the Funds to Participating Plans does federal or state insurance, tax, or operation of the Funds. not increase the risk of material securities laws or regulations, or a 49. Applicants state that various irreconcilable conflicts to such Funds or public ruling, private letter ruling, no- factors have limited the number of to the Participating Separate Accounts. action or interpretative letter, or any insurance companies offering variable 52. Applicants assert that there is no similar action by insurance, tax, or annuity and variable life insurance significant legal impediment to securities regulatory authorities; (c) an contracts. Applicants state that these permitting mixed and shared funding. administrative or judicial decision in factors include the costs of organizing Applicants also note that the any relevant proceeding; (d) the manner and operating a funding medium, the Commission has granted numerous in which the investments of any Fund lack of expertise with respect to applications for orders permitting mixed are being managed; (e) a difference in investment management (principally and shared funding with respect to both voting instructions given by variable with respect to stock and money market scheduled and flexible premiums, annuity contract owners, variable life investments) and the lack of name including where sales are made to insurance contract owners, plan trustees recognition by the public of certain qualified pension and retirement plans. or plan participants; (f) a decision by an insurers as investment professionals. In Applicants further note there is ample insurer to disregard the voting particular, some small life insurance precedent for extending exemptive relief instructions of variable contract owners; companies may not find it economically to members of a class or classes of or (g) if applicable, a decision by a feasible, or within their investment or persons, not currently identified, that Participating Plan to disregard voting administrative expertise, to enter the may be similarly situated in the future. instructions of its participants. variable contract business on their own. Such relief has been granted in various 3. Any Participating Plan that 50. Applicants argue that use of the contexts and from a wide variety of the executes a fund participation agreement Funds as common investment mediums 1940 Act’s provisions, including class upon becoming an owner of 10 percent for variable contracts, as well as for exemption in the context of mixed and or more of the issued and outstanding qualified plans, could ameliorate these shared funding. Applicants assert that shares of the Fund (a ‘‘Reporting Plan’’), concerns for insurance companies that the requested exemption is appropriate Participating Insurance Companies, and decide to participate in the Funds. in the public interest and consistent the Participating Investor investing in a Applicants also submit that mixed and with the protection of investors and the Fund (collectively, the ‘‘Reporting shared funding should provide a benefit purposes fairly intended by the policy Entities’’) will report any potential or to variable contract owners by and provisions of the 1940 Act. existing conflicts to the relevant Board eliminating a significant portion of the and will be responsible for assisting the costs of establishing and administering Applicants’ Conditions Board in carrying out its responsibilities separate funds. Participating Insurance Applicants have consented to the under these conditions by providing the Companies should also benefit from the following conditions if the order Board with all information reasonably investment and administrative expertise requested in its application is granted: necessary for the Board to consider any of Touchstone Advisors and Western- 1. A majority of the Board of Trustees issues raised. These responsibilities Southern, or any other investment of each Fund (a ‘‘Board’’) will consist of include, but are not limited to, (a) an adviser or sub-adviser to a fund, and the persons who are not ‘‘interested obligation by each Participating cost efficiencies and investment persons’’ of that Trust, as defined by Insurance Company to inform the Board flexibility afforded by a larger pool of Section 2(a)(19) of the 1940 Act, and the whenever it has determined to disregard assets. Therefore, making the Funds rules thereunder, and as modified by voting instructions of variable contract
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owners, and (b) if pass-through voting is To the extent permitted by applicable instructions from contract owners are applicable, an obligation by each law, the responsibility to take remedial timely received. Each Participating Reporting Plan to inform the relevant action in the event of a Board Insurance Company will be responsible Board whenever it has determined to determination of a material for assuring that each of its Participating disregard its participants’ voting irreconcilable conflict and to bear the Separate Accounts investing in a Fund instructions. The responsibility to report cost of such remedial action will be a calculates voting privileges in a manner such information and conflicts and to contractual obligation of all consistent with other Participating assist the relevant Board will be Participating Insurance Companies and Insurance Companies investing in the contractual obligations of all Reporting Plans under their agreements Fund. The obligation to vote the Fund Participating Insurance Companies and governing participation in the Funds, shares and to calculate voting privileges Reporting Plans under their agreements and these responsibilities will be carried in a manner consistent with all other governing participation in the Funds, out with a view only to the interests of Participating Separate Accounts and such agreements will provide that variable contract owners and plan investing in a Fund will be a contractual these responsibilities will be carried out participants, as applicable. obligation of all Participating Insurance with a view only to the interests of the 5. For purposes of Condition 4, a Companies under the agreements variable contract owners and plan majority of the disinterested trustees of governing their participation in that participants, as applicable. the relevant Board will determine Fund. Each Participating Plan will vote 4. If it is determined by a majority of whether or not any proposed action as required by applicable law and adequately remedies any material the Board of a Trust, or by a majority of governing plan documents. irreconcilable conflict, but in no event 8. All reports of potential or existing its disinterested trustees, as appropriate, will the Trust or the Participating conflicts received by the Board, and all that a material irreconcilable conflict Investor be required to establish a new Board actions with regard to exists with respect to a Fund, the funding medium for any variable determining the existence of a conflict, relevant Participating Insurance contract or qualified plan. No notifying affected Reporting Entities of a Companies and Relevant Participating Participating Insurance Company will conflict, and determining whether any Plans, at their own expense (or at the be required by Condition 4 to establish proposed action adequately remedies a discretion of a Manager of the Fund, at a new funding medium for any variable conflict, will be properly recorded in that Manager’s expense), will take contract if a majority of the variable the minutes of the meetings of the Board whatever steps are necessary to remedy contract owners materially and or other appropriate records, and such or eliminate the material irreconcilable adversely affected by the material minutes or other records will be made conflict to the extent reasonably irreconcilable conflict vote to decline available to the Commission upon practicable (as determined by a majority such offer. Furthermore, no request. of the disinterested trustees). These Participating Plan will be required by 9. Each Fund will notify all steps could include: (a) Withdrawing Condition 4 to establish a new funding Participating Insurance Companies and the assets allocable to some or all of the medium for such plan if (a) A majority all Participating Plans that disclosure separate accounts of the Participating of plan participants materially and regarding potential risks of mixed and Insurance Companies from the Fund adversely affected by the irreconcilable shared funding may be appropriate in and reinvesting such assets in a material conflict vote to decline such separate account prospectuses or plan different investment medium, including offer, or (b) pursuant to governing documents. Each Fund will disclose in another Fund, (b) submitting the documents and applicable law, the its prospectus that: (a) The Fund is question as to whether such segregation Participating Plan makes such decision intended to be a funding vehicle for all should be implemented to a vote of all without plan participant vote. types of variable annuity and variable affected variable contract owners and, as 6. The affected Reporting Entities will life insurance contracts offered by appropriate, segregating the assets of be informed promptly in writing of a various insurance companies and for any appropriate group that votes in Board’s determination of the existence qualified pension and retirement plans; favor of such segregation, (c) offering to of a material irreconcilable conflict and (b) due to differences of tax treatment the affected variable contract owners the its implications. and other considerations, the interests option of making such a change; (d) 7. Participating Insurance Companies of various variable contract owners withdrawing the assets allocable to will provide pass-through voting participating in the Fund and the some or all of the Participating Plans privileges to all variable contract owners interests of Participating Plans investing from the Fund and reinvesting such so long as the Commission continues to in the Fund may conflict, and (c) the assets in a different investment medium; interpret the 1940 Act as requiring pass- relevant Board will monitor events in or (e) establishing a new registered through voting privileges for variable order to identify the existence of any management investment company or contract owners. Accordingly, each material irreconcilable conflicts and to managed separate account. If a material Participating Insurance Company will determine what action, if any, should be irreconcilable conflict arises because of vote shares of a Fund held in its taken in response to any such conflict. a decision by a Participating Insurance Participating Separate Accounts in a 10. Each Trust will comply with all Company to disregard contract owner manner consistent with voting provisions of the 1940 Act requiring voting instructions, or, if applicable, a instructions timely received from voting by shareholders (which, for these decision by a trustee of a Participating variable contract owners. Each purposes, will be the persons having a Plan to disregard participant voting Participating Insurance Company also voting interest in the shares of the instructions, and that decision will vote shares of the Fund held in its Fund). In particular, each Trust will represents a minority position or would Participating Separate Accounts for either provide for annual shareholder preclude a majority vote, then that which it has not received timely voting meetings (except to the extent that the insurer or plan, as applicable, may be instructions from contract owners, as Commission may interpret Section 16 of required, at the Fund’s election, to well as shares of the Fund that the the 1940 Act not to require such withdraw its investment in the Fund, Participating Insurance Company itself meetings) or comply with Section 16(c) and no charge or penalty will be owns, in the same proportion as those of the 1940 Act (although the Trusts are imposed as a result of such withdrawal. shares of the Fund for which voting not the type of trust described in
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Section 16(c) of the 1940 Act), as well 15. Any shares of a Fund purchased Evaluation Questionnaire, timeliness of as with Section 16(a) of the 1940 Act by the Manager or its affiliates will be stock openings, SuperDot order and, if and when applicable, Section automatically redeemed if and when the turnaround, administrative message 16(b) of the 1940 Act. Further, each Manager’s investment management responses and market share. This latter Trust will act in accordance with the agreement terminates, and to the extent provision refers to a significant decline Commission’s interpretation of the required by the applicable Treasury in market share, as measured by share requirements of Section 16(a) with Regulations. No Participating Investor volume, in two consecutive quarters respect to periodic elections of directors will sell such shares of the Funds to the where the decline is determined to be and with whatever rules the public. attributable to factors within the control Commission may promulgate with Conclusion of the specialist unit. respect thereto. 11. So long as the Commission For the reasons summarized above, At the time the Exchange adopted the continues to interpret the 1940 Act as Applicants assert that the requested market share measure, it was intended requiring pass-through voting privileges exemptions are appropriate in the that the Exchange would develop for variable contract owners, the public interest and consistent with the criteria as to what constitutes Participating Investor will vote their protection of investors and the purposes ‘‘significant decline’’ before the market shares in the same proportion as all fairly intended by the policy and share performance standard could be contract owners having voting rights provisions of the 1940 Act. enforced. However, criteria were never with respect to the relevant Funds; For the Commission, by the Division of developed, and the MPC has never used provided, however, that the Investment Management, pursuant to the market share standard as a Participating Investor shall vote their delegated authority. performance measure. shares in such other manner as may be Margaret H. McFarland, The proposed rule change was required by the Commission or its staff. Deputy Secretary. published for comment in the Federal 12. If and to the extent that Rules 6e– [FR Doc. 01–30325 Filed 12–6–01; 8:45 am] 2 and Rule 6e–3(T) under the 1940 Act Register on October 26, 2001.3 The BILLING CODE 8010–01–P are amended, or Rule 6e–3 under the Commission received no comments on 1940 Act is adopted, to provide the proposal. exemptive relief from any provision of SECURITIES AND EXCHANGE The Commission finds that the the 1940 Act, or the rules promulgated COMMISSION proposed rule change is consistent with thereunder, with respect to mixed [Release No. 34–45118; File No. SR–NYSE– the requirements of the Act and the funding or shared funding, on terms and rules and regulations thereunder conditions materially different from any 2001–34] applicable to a national securities exemptions granted in the order Self-Regulatory Organizations; Order exchange 4 and, in particular, the requested in this Application, then the Approving Proposed Rule Change by 5 Trusts and/or Participating Insurance requirements of section 6 of the Act. the New York Stock Exchange, Inc. The Commission finds that the Companies, as appropriate, will take Amending NYSE Rule 103A To Delete such steps as may be necessary to proposed rule change is consistent with an Unused Measure of Specialist section 6(b)(5) of the Act,6 which comply with Rules 6e–2 and 6e–3(T), as Performance amended, or Rule 6e–3, as adopted, to requires, among other things, that the the extent that such rules are applicable. November 29, 2001. rules of an exchange promote just and 13. The Reporting Entities, at least On August 29, 2001, the New York equitable principles of trade and in annually, will submit to the relevant Stock Exchange, Inc. (‘‘NYSE’’ or general to protect investors and the Board such reports, materials, or data as ‘‘Exchange’’) filed with the Securities public interest. The Commission the Board may reasonably request so and Exchange Commission believes that the remaining that the Board may fully carry out the (‘‘Commission’’), pursuant to section measurements of specialist performance obligations imposed upon it by the 19(b)(1) of the Securities Exchange Act set forth in NYSE Rule 103A should be conditions contained in this of 1934 (‘‘Act’’) 1 and Rule 19b–4 sufficient to assist the Exchange in Application. Such reports, materials, thereunder,2 a proposed rule change to ensuring a certain level of market and data will be submitted more amend NYSE Rule 103A (Specialist quality and performance in Exchange frequently if deemed appropriate by the Stock Reallocation and Member listed securities is maintained. The Board. The obligations of the Education and Performance) to delete an Exchange should continue to review its Participating Insurance Companies and unused measure of specialist standards for measuring specialist the Reporting Plans to provide these performance. performance and ensure that there are reports, materials, and data to the Board Currently, NYSE Rule 103A provides adequate, objective measures to assess will be a contractual obligation under authority for the Market Performance such performance. their agreements governing participation Committee (‘‘MPC’’) to establish and in the Funds. administer measures of specialist It is therefore ordered, pursuant to 14. If a Participating Plan should ever performance, conduct performance section 19(b)(2) of the Act,7 that the become a holder of ten percent or more improvement actions where a specialist proposed rule change (SR–NYSE–2001– of the issued and outstanding shares of unit does not meet the performance 34) be, and it hereby is, approved. a Fund, such plan will execute a standards in the Rule, and reallocate participation agreement with the Fund, stocks if a unit does not achieve its 3 See Securities Exchange Act Release No. 44961 which will include the conditions set specified goals when subject to a (October 19, 2001), 66 FR 54316. forth herein to the extent applicable. A performance improvement action. The 4 In approving this proposed rule change, the Participating Plan will execute a Commission notes that it has considered the performance standards in the Rule proposed rule’s impact on efficiency, competition, document containing an include the Specialist Performance and capital formation. 15 U.S.C. 78c(f). acknowledgement of this condition 5 15 U.S.C. 78f. upon such plan’s initial purchase of the 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78f(b)(5). shares of any Fund. 2 17 CFR 240.19b–4. 7 15 U.S.C. 78s(b)(2).
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For the Commission, by the Division of DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Market Regulation, pursuant to delegated authority.8 Federal Aviation Administration Federal Highway Administration and Margaret H. McFarland, Federal Railroad Administration Deputy Secretary. RTCA Special Committee 187: Mode [FR Doc. 01–30323 Filed 12–6–01; 8:45 am] Select Beacon and Data Link System Environmental Impacts Statement: New York/New Jersey BILLING CODE 8010–01–M AGENCY: Federal Aviation AGENCY: Administration (FAA), DOT. Federal Highway Administration (FHWA), Federal ACTION: Notice of RTCA Special Railroad Administration (FRA). SMALL BUSINESS ADMINISTRATION Committee 187 meeting. ACTION: Notice of meeting. Reporting and Recordkeeping SUMMARY: The FAA is issuing this notice SUMMARY: Notice of Public Scoping Requirements Under OMB Review to advise the public of a meeting of Meetings in Preparation of a Draft AGENCY: Small Business Administration. RTCA Special Committee 187: Mode Environmental Impact Statement for the Cross Harbor Freight Movement Project. ACTION: Select Beacon and Data Link System. Notice of reporting requirements The New York City Economic submitted for OMB review. DATES: The meeting will be held Development Corporation (NYCEDC), as December 18, 2001, from 9 a.m. to 5 SUMMARY: project sponsor, in coordination with Under the provisions of the p.m. Paperwork Reduction Act (44 U.S.C. the Federal Highway Administration (FHWA) and the Federal Railroad Chapter 35), agencies are required to ADDRESSES: The meeting will be held at Admininstration (FRA) as joint lead submit proposed reporting and RTCA, 1828 L Street, NW., Suite 805, agencies, is preparing an Environmental recordkeeping requirements to OMB for Washington, DC 20036. review and approval, and to publish a Impact Statement (EIS) for the Cross notice in the Federal Register notifying FOR FURTHER INFORMATION CONTACT: Harbor Freight Movement Project. As the public that the agency has made RTCA Secretariat, 1828 L Street, NW., part of the Cross Harbor Freight such a submission. Washington, DC 20036; telephone (202) Movement Project, strategies for 833–9339; fax (202) 833–9434; Web site enhancing freight mobility within the DATES: Submit comments on or before http://www.rtca.org. New York City/northern New Jersey January 7, 2002. If you intend to region are being evaluated. A Major comment but cannot prepare comments SUPPLEMENTARY INFORMATION: Pursuant Investment Study (MIS), completed in promptly, please advise the OMB to section 10(a) of the Federal Advisory 2000, identified several strategies that Reviewer and the Agency Clearance Committee Act (Pub. L. 92–463, 5 satisfied established project goals and Officer before the deadline. U.S.C., Appendix 2), notice is hereby objectives. The purpose of the EIS is to Copies: Request for clearance (OMB given for a Special Committee 187 examine the ability of the selected 83–1), supporting statement, and other meeting. The agenda will include: strategies to improve mobility of goods documents submitted to OMB for • December 18: traffic, improve environmental quality, review may be obtained from the enhance the region’s competitive Agency Clearance Officer. • Opening Session (Chairman’s Introductory Remarks, Review and position and provide flexibility to ADDRESSES: Address all comments respond to possible service disruptions concerning this notice to: Agency Approve Agenda) • to the region’s vital Hudson River Clearance Officer, Jacqueline White, Review and Approve Proposed Crossings. Small Business Administration, 409 3rd Change 1 to RTCA DO–181C, RTCA NYCEDC will conduct seven (7) Street, SW., 5th Floor, Washington, DC Paper No. 368–01/SC187–042, public scoping meetings to discuss the 20416; and OMB Reviewer, Office of Addition of Hijack Mode proposed draft scope of work for the Information and Regulatory Affairs, Operations Draft Environmental Impact Statement Office of Management and Budget, New • Closing Session (Other Business, (DEIS), and will accept comments from Executive Office Building, Washington, Date and Time of Next Meeting, the public. The draft scope of work is DC 20503. Adjourn) available for viewing on-line at FOR FURTHER INFORMATION CONTACT: www.crossharborstudy.org. One copy of Attendance is open to the interested Jacqueline White, Agency Clearance the draft scope of work will also be public but limited to space availability. Officer, (202) 205–7044. available at the following libraries. With the approval of the chairmen, Manhattan, New York Public Library at SUPPLEMENTARY INFORMATION: members of the public may present oral 188 Madison Ave.; Queens, Queens Title: Lender Transcript of Account. statements at the meeting. Persons Borough Public Library at 89–11 No.: SBA Form 1149. wishing to present statements or obtain Merrick Blvd.; Bronx, Bronx Borough Frequency: On Occasion. information should contact the person Library at 2556 Bainbridge Ave.; Staten Description of Respondents: Lenders listed in the FOR FURTHER INFORMATION Island, SI Borough Library at 5 Central requesting SBA to provide the Agency CONTACT section. Members of the public Avenue; Brooklyn, Brooklyn Public with breakdown of payments. may present a written statement to the Library Sunset Park at 5108 4th Ave. (at Annual Responses: 5,000. committee at any time. Annual Burden: 5,000. 51st St.); Jersey City, Jersity City Public Issued in Washington, DC, on November Library at 472 Jersey Ave.; Elizabeth, Jacqueline White, 27, 2001. Elizabeth Public Library at 11 South Chief, Administrative Information Branch. Janice L. Peters, Broad St. [FR Doc. 01–30311 Filed 12–6–01; 8:45 am] FAA Special Assistant, RTCA Advisory DATES: The seven (7) meetings will be BILLING CODE 8025–01–P Committee. held at the following locations within [FR Doc. 01–30361 Filed 12–6–01; 8:45 am] the New York/New Jersey metropolitan 8 17 CFR 200.30–3(a)(12). BILLING CODE 4910–13–M area:
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Tuesday, January 15, 2002, 11 am–3 pm allow additional travel time to sign-in at economic development of the Lower NYCEDC, 110 William Street, 4th the security desk. Mississippi Delta. Floor, NY, NY 10038 Authority: 23 U.S.C. 315; 23 CFR 771.123. I–69 is proposed to be a fully Thursday, January 17, 2002, 5 pm–8 pm controlled access facility located on a Snug Harbor Manor, Lower Great Dated: November 28, 2001. new alignment. Several alternatives and Hall Room, 1000 Richmond Richard E. Backlund, locations will be considered, including Terrace, Staten Island, NY 10301 Intermodal Transportation Coordiantor. Tuesday, January 22, 2002, 5 pm–8 pm [FR Doc. 01–30328 Filed 12–6–01; 8:45 am] the ‘‘no-action’’ alternative. The western terminus of the project will connect to Hostos College, Savoy Multi- BILLING CODE 4910–22–M Purpose Room, East 149th Street/ U.S. 167 near El Dorado, Arkansas and Walton Avenue, Bronx, NY 10451 the eastern terminus will connect to Wednesday, January 23, 2002, 5 pm–8 DEPARTMENT OF TRANSPORTATION U.S. 65 near McGehee, Arkansas. pm PS 1, 309 47th Street, (b/w 3rd– The FHWA and AHTD are seeking 4th Aves.), Brooklyn, NY 11220 Federal Highway Administration input as part of the scoping process to Tuesday, January 29, 2002, 5 pm–8 pm assist in determining and clarifying LaGuardia College, 31–10 Thomson Environmental Impact Statement: Desha, Chicot, Ashley, Drew, Union, important issues relative to this project. Avenue, L.I.C., NY 11101 Letters describing the proposed action Wednesday, January 30, 2002, 11 am–3 Bradley, Calhoun, Ouachita, and and soliciting comments have been sent pm Jersey City City Hall, Council Columbia Counties, AR Chambers, 280 Grove Street, Jersey to appropriate Federal, state, and local AGENCY: Federal Highway agencies, Native American Tribes, and City, NJ 07302 Administration (FHWA), DOT. Wednesday, January 30, 2002, 5 pm–8 to private organizations and citizens ACTION: Notice of intent. pm Elizabeth High School, 600 who have previously expressed or are Pearl Street, Elizabeth, New Jersey SUMMARY: The FHWA is issuing this known to have an interest in this 07202 notice to advise the public that an project. Formal scoping meetings with Federal, state, and local agencies, FOR FURTHER INFORMATION CONTACT: environmental impact statement will be NativeAmerican Tribes, and other Ms. Alice Cheng, Director, Intermodal prepared for a proposed highway project interested parties will be held in the Planning, a New Economic in the Arkansas Counties of Desha, near future. A series of public meetings Development Corporation, 110 William Chicot, Ashley, Drew, Union, Bradley, will also be held in the study area Street, 6th floor, New York, NY 10038, Calhoun, Ouachita, and Columbia. telephone (212) 619–5000, e-mail FOR FURTHER INFORMATION CONTACT: beginning in early 2002, with on-going ‘‘[email protected]’’ Randal Looney, Environmental public involvement activities. The draft or Specialist, Federal Highway Environmental Impact Statement (EIS) Richard E. Backlund, Intermodal Administration, Room 3130 Federal will be available for public and agency Transporation Coordinator, Federal Building, Little Rock, Arkansas 72201– review and comment prior to a formal Highway Administration, New York 3298, telephone: (501) 324–6430; or public hearing. Public notice will be Division, One Bowling Green, Room Dale Loe, Consultant Coordinator, given of the time and place for all 428, New York, NY 1004–1415, Assistant Chief Engineer, Arkansas State meetings and hearings. telephone (212) 668–2205, e-mail Highway and Transportation To ensure that the full range of issues ‘‘[email protected]’’ Department, P.O. Box 2261, Little Rock, related to this project are addressed and or Arkansas 72203, telephone: (501) 569– all significant issues identified, Michael Saunders, Northeast Corridor 2301. comments and suggestions are invited Program Manager, Federal Railroad SUPPLEMENTARY INFORMATION: The from all interested parties. Comments or Administration, 628–2 Hebron FHWA, in cooperation with the Avenue, Suite 303, Glastonbury, questions concerning this proposed Arkansas State Highway and action and the EIS should be directed to Connecticut 06033–5007, telephone Transportation Department (AHTD), (860) 659–6714, e-mail the FHWA at the address provided will prepare an Environmental Impact above. ‘‘[email protected]’’ Statement (EIS) for a segment of the SUPPLEMENTARY INFORMATION: proposed Interstate 69 corridor in (Catalog of Federal Domestic Assistance Registration to speak will begin at the Arkansas. Program Number 20.205, Highway Planning meeting start time and end one half- This approximately 85-mile segment and Construction. The regulations hour before the meeting end time. All of I–69 will connect the Mississippi implementing Executive Order 12372 registered speakers will be heard. The River crossing of I–69 to U.S. 167 near regarding intergovernmental consultation on public will be able to present oral El Dorado and will improve regional Federal programs and activities apply to this comments and can register one the day travel, safety, intermodal connectivity proposed action.) of the meeting or in advance by calling and will enhance the economic vitality Issued on: December 3, 2001. the project information line at 1–877– of the project area. This segment will Derrell Turner, XHAR EIS (942–7347), or e-mailing the accommodate the overall purpose of the Assistant Division Administrator, FHWA, project at [email protected]. national I–69 Corridor, a much larger Little Rock, Arkansas. Written comments can be presented at transcontinental project identified as a [FR Doc. 01–30329 Filed 12–6–01; 8:45 am] the meeteings, e-mailed to ‘‘high priority corridor’’ on the National BILLING CODE 4910–22–M [email protected] or mailed to Highway System that would provide a Cross Harbor Freight Movement Project, North American Free Trade Agreement 225 Park Avenue South, NY, NY 10003. (NAFTA) transportation corridor of the deadline for submitting comments is national significance from Canada to February 28, 2002. Due to heightened Mexico. I–69 is also a transportation security, a photo ID is required to enter recommendation of the Delta Initiative the above-mentioned locations. Please aimed at the revitalization and
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DEPARTMENT OF TRANSPORTATION sampling data, the range of the diameter accept some of these anchors that of the anchorages were estimated as 5.99 exceed 6.1 mm. To address this National Highway Traffic Safety mm to 6.30 mm for the first group and situation, GM plans to send a letter to Administration 5.59 mm to 6.32 mm for the second owners to advise them how to handle [Docket No. NHTSA–2001–8842; Notice 2] group of vehicles. The compliance range such a situation.’’ (Use the vehicle belt allowed by FMVSS No. 225 is 5.9 mm system to attach the child seats.) General Motors Corporation; Denial of to 6.1 mm. The 33,916 affected vehicles Based on the above arguments, GM Application for Decision of include 30% of 27,901 Chevrolet stated that the noncompliance with Inconsequential Noncompliance Ventures (8,370), 30% of 9,845 FMVSS No. 225 is inconsequential to Oldsmobile Silhouettes (2,954), 30% of motor vehicle safety and requested that General Motors Corporation (GM) of 17,383 Pontiac Montanas (5,215), and NHTSA grant the inconsequentiality Warren, Michigan, has determined that 84% of 20,687 Pontiac Azteks (17,377). petition. child restraint lower anchorages in On November 29, 2000, GM submitted The agency received two comments approximately 33,916 of its model year a petition for an exemption from the responding to NHTSA’s February 2001 2001 vehicles 1 fail to comply with recall requirements of 49 U.S.C. Chapter notice. They were from Britax Child Federal Motor Vehicle Safety Standard 301 on the basis that the noncompliance Safety, Inc. (8842–2, dated March 21, (FMVSS) No. 225, ‘‘Child Restraint is inconsequential to motor vehicle 2001), and Advocates for Highway and Anchorage Systems,’’ and has filed an safety. Auto Safety (8842–3, dated March 22, appropriate report pursuant to 49 CFR GM explained how the 2001). part 573, ‘‘Defect and Noncompliance noncompliance happened. ‘‘In the case Britax (8842–2) stated that its Reports.’’ GM has also petitioned to be of the Aztek, this condition was caused ‘‘designed LATCH compatible exempted from the notification and by the inadvertent release of component connectors will not fit onto lower remedy requirements of 49 U.S.C. drawings that allowed the lower anchorage bars having a diameter Chapter 301, ‘‘Motor Vehicle Safety,’’ on anchorage bar material to be supplied greater than the tolerances specified in the basis that the noncompliance is out of compliance. For the U vans and Standard 225.’’ Britax contacted GM inconsequential to motor vehicle safety. Azteks, it was not originally known that about the potential problem but could On February 20, 2001, NHTSA the coating process for the lower not arrive at a mutually agreeable published a notice of receipt of the anchorage bar was not capable of solution to the problem with GM. Britax application in the Federal Register (66 holding the required tolerance. As a worries that it may be wrongly and FR 10948, Docket No. NHTSA–2001– result, some of the lower anchorages of unfairly blamed if consumers encounter 8842; Notice 1) and requested comments the subject vehicles do not meet the the potential incompatibility problem by March 22, 2001. diameter specification.’’ between its child restraints and the GM Paragraphs S9.1.1 and S15.1.2.1 of In summary, GM supported its lower anchorages. Britax also worries FMVSS No. 225 specify that, for each petition for a determination of that a partially engaged seat connector child restraint anchorage system, the inconsequential noncompliance with and oversized anchorage bar could fail lower anchorages shall consist of two in a crash, and that Britax could be ± the following: bars that are 6 mm 0.1 mm in 1. ‘‘Child restraint manufacturers blamed for a faulty seat design. diameter. The lower anchorages are currently offer to U.S. customers two Advocates (8842–3) believes that the designed to secure the child restraint child seats with LATCH attachment agency should deny GM’s application system onto the vehicle rather than mechanisms: The Fisher Price Safe based on various safety concerns, and using the vehicle’s belt system. Child Embrace 2 and the Cosco Triad. Both of that the denial would be consistent with restraints will have components that these child seats use a hook mechanism the agency’s previous ruling on denying attach to the bars. NHTSA established to attach to the lower anchorage bars a petition submitted by Suzuki for the diameter specification of the * * * [T]he integrity and performance inconsequential noncompliance (65 FR anchorages to ensure compatibility of the [hook] attachment will not be 57649, September 25, 2000). On May 7, 2001, GM submitted between the child seat and the materially affected by the small supplemental information (8842–4) ‘‘to anchorages so that the components on deviations from the specification for the document the additional information child restraints can latch securely onto diameter of the lower anchor * * * GM discussed and GM’s position.’’ GM the bars and will remain attached in a is not aware of any proposed U.S. child further estimated that among the 33,916 crash. seat latch mechanism that would not be noncompliant vehicles, 19,610 vehicles On November 3, 2000, GM submitted compatible with the anchors on the (58%) may have an anchorage diameter a Part 573 Noncompliance Report subject vehicles.’’ over 6.1 mm. Therefore, the other advising NHTSA that 75,816 model year 2. ‘‘[A]ll the child seats, in addition to 14,306 vehicles (42%) may have an (MY) 2001 vehicles may not comply the requirements for a latch mechanism, anchorage diameter less than 5.9 mm. with FMVSS No. 225. Based on must also be designed to work with the GM stated that the noncompliance measurements taken from a sample of vehicle seat belt system. Therefore, each problem was first discovered during an 32 seats in GMT250 (Azteks) and 52 child seat, whether LATCH compatible ISO Working Group meeting in Canada. seats in GM200 (U Vans) vehicles, GM or not, will be able to be safely secured A demonstration of a Britax prototype believes that approximately 33,916 of to each of these vehicles.’’ these vehicles actually have anchors 3. GM said they ‘‘do not foresee any child seat with a LATCH ‘‘hard with diameters outside the range problem with future designs and the connector’’ design failed to fit onto the allowed by the standard. From the anchors that are below 5.9 mm.’’ lower anchorages in a 2001 Pontiac 4. In the future, it is possible that a Aztek vehicle. The diameters of the 1 Noncompliant GM vehicles include slotted attachment could be designed anchorages were measured as 6.18 mm approximately 17,377 Pontiac Azteks, 5,215 Pontiac and that the slot might be too small to to 6.23 mm in the middle, and 6.22 mm Montanas, 8,370 Chevrolet Ventures, and 2,954 to 6.25 mm on the sides of the Oldsmobile Silhouettes (U-vans). These vehicles were built with lower anchorage bars that are either 2 Fisher Price has recently announced that it will anchorage bars. above or below the 6.0 ± 0.1 mm diameter cease the production of child restraints, including Although GM acknowledged the requirement. the Safe Embrace. [Footnote added by NHTSA.] noncompliance of the anchorage bars in
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the Aztek vehicle, GM also complained adoption of the LATCH requirements is Issued on: December 3, 2001. that the opening of Britax’s ‘‘hard to enhance safety beyond the level Stephen R. Kratzke, connector’’ deviated too much from the provided by the vehicle belt systems. Associate Administrator for Safety 6.5 mm diameter designation for the The May 7, 2001 GM supplement noted Performance Standards. Static Force Application Device 2 that ‘‘[n]ational studies reflect an [FR Doc. 01–30357 Filed 12–6–01; 8:45 am] (SFAD 2), a test fixture used to test approximately 80% incorrect use rate. BILLING CODE 4910–59–P compliance with one aspect of FMVSS Many local checkups report misuse rate No. 225. The SFAD 2 is referenced in over 90%.’’ (Attachment B, H.2., page S9.4 and S15.3 of FMVSS No. 225 and C–5). Because of this high rate of misuse DEPARTMENT OF THE TREASURY is illustrated in Figures 17 and 18 of the of the vehicle belt system, NHTSA standard. adopted FMVSS No. 225 to make it Internal Revenue Service GM had already orally presented easier to properly attach a child seat to [IA–41–93] these comments during a GM-requested the vehicle by means of the lower bar meeting with NHTSA on April 25, 2001. system. The requirement in FMVSS No. Proposed Collection; Comment A meeting record has been entered into 213 that a child seat must be designed Request for Regulation Project the docket. to be restrained by means of the vehicle NHTSA has thoroughly evaluated the belt system is not an alternative, AGENCY: Internal Revenue Service (IRS), data GM provided, carefully considered equivalent means for restraining a child. Treasury. its subsequent explanations about the This provision was kept in the standard ACTION: Notice and request for data, and also considered the comments to ensure that new child restraint comments. submitted by Britax and Advocates. We systems equipped with a latch system disagree with GM’s position. We can also be used in older motor vehicles SUMMARY: The Department of the consider the incompatibility problem to that are not equipped with a latch Treasury, as part of its continuing effort be very much safety related. When a system and in aircraft. to reduce paperwork and respondent child seat fails to latch onto the lower As to GM’s statement that they ‘‘do burden, invites the general public and anchorages, the entire latch system will not foresee any problem with future other Federal agencies to take this not work, regardless of how well the designs and the anchors that are below opportunity to comment on proposed components are designed. 5.9 mm,’’ neither we nor GM can predict and/or continuing information GM has acknowledged that the lower future child restraint system designs. collections, as required by the anchorages do not comply with FMVSS There may be a system that cannot Paperwork Reduction Act of 1995, No. 225, but also blamed the deviation properly attach to bars that are less than Public Law 104–13 (44 U.S.C. of the opening of the ‘‘hard connectors’’ 5.9 mm in diameter, and remain 3506(c)(2)(A)). Currently, the IRS is on the Britax child seat. However, GM engaged during a crash. The fact that a soliciting comments concerning an has not shown, and cannot show, that problem has not occurred does not existing final regulation, IA–41–93, (TD the Britax seat has an improper 8703), Automatic Extension of Time to connector design or dimensions, since mean that the problem will not occur in the future. File Partnership return of Income, Trust the dimensions for the SFAD do not Income Tax Return, and U.S. Real Estate apply to child restraint systems. GM acknowledged in its petition that in the future, ‘‘it is possible that a Mortgage Investment Conduit Income Moreover, we disagree with each of Tax Return (§ 1.6081–4). the four ‘‘reasons’’ asserted by GM in slotted attachment could be designed DATES: support of the petition. First, we and that the slot might be too small to Written comments should be disagree with GM’s assertion that there accept some of these anchors that received on or before February 5, 2002, is no ‘‘proposed U.S. child seat latch exceed 6.1 mm.’’ However, GM’s to be assured of consideration. mechanism that would not be proposal ‘‘to address this situation’’ by ADDRESSES: Direct all written comments compatible with the anchors on the sending a letter to vehicle owners to to George Freeland, Internal Revenue subject vehicles.’’ As GM stated in its advise them to ‘‘use the vehicle belt Service, room 5575, 1111 Constitution May 7, 2001 supplemental petition, the system to attach the child seats’’ would Avenue NW., Washington, DC 20224. incompatibility problem was discovered be inadequate for several reasons. First, FOR FURTHER INFORMATION CONTACT: when a demonstration of a Britax child for the reasons noted above, this would Requests for additional information or seat with a LATCH ‘‘hard connector’’ not provide an equivalent level of copies of this regulation should be failed to fit onto the lower anchorages safety. Second, a consumer might fail to directed to Allan Hopkins, (202) 622– in a 2001 Pontiac Aztek vehicle. Based heed the warning against using the 6665, Internal Revenue Service, room on the Britax comments, it is certainly lower bars. Third, a consumer forced to 5244, 1111 Constitution Avenue NW., possible, if not likely, that such a use the vehicle belts might attach the Washington, DC 20224. mechanism would be used on child seat incorrectly. And finally, such a SUPPLEMENTARY INFORMATION: restraint systems sold in the U.S. In any letter would not warn subsequent Title: Automatic Extension of Time case, such a mechanism is clearly legal, owners of the vehicle. for Filing Individual Income Tax and the current market decisions of all For the reasons stated above, NHTSA Returns; Automatic Extension of Time child restraint manufacturers do not has decided that GM has not met its To File Partnership Return of Income, preclude future restraints with ‘‘hard burden of persuasion that the Trust Income Tax Return, and U.S. Real connectors.’’ noncompliance described herein is Estate Mortgage Investment Conduit GM’s argument that since every child inconsequential to motor vehicle safety, Income Tax Return. restraint is designed to work with the and the application is denied. OMB Number: 1545–1479. vehicle belt system in addition to the Therefore, GM is required to provide Regulation Project Number: IA–41– latch system, the child restraint will be notification of, and a remedy for, the 93. able to be safely secured to the vehicle noncompliance as required by 49 U.S.C. Abstract: Internal Revenue Code regardless of whether the latch 30118–30120. section 6081(a) provides that the mechanism works or not misses the (49 U.S.C. 30118–30120; delegations of Secretary may grant a reasonable point. The primary basis for the authority at 49 CFR 1.50 and 501.8) extension of time for filing any return.
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Under regulation section 1.6081–4, an request for OMB approval. All DATES: The meeting will be held individual required to file an income tax comments will become a matter of Thursday, January 17, 2002. return is allowed an automatic 4-month public record. Comments are invited on: FOR FURTHER INFORMATION CONTACT: (a) Whether the collection of extension of time to file if (a) an Eileen Cain at 1–888–912–1227 or 718– application is prepared on Form 4868, information is necessary for the proper 488–3555. Application Extension of Time to File performance of the functions of the U.S. Individual Income Tax Return, or agency, including whether the SUPPLEMENTARY INFORMATION: Notice is in such other manner as may be information shall have practical utility; hereby given pursuant to section prescribed by the Internal Revenue (b) the accuracy of the agency’s estimate 10(a)(2) of the Federal Advisory Service, (b) the application is filed on or of the burden of the collection of Committee Act, 5 U.S.C. App. (1988) before the date the return is due, and (c) information; (c) ways to enhance the that an operational meeting of the the application shows the full amount quality, utility, and clarity of the Citizen Advocacy Panel will be held properly estimated as tax. information to be collected; (d) ways to Thursday, January 17, 2002, 6 p.m. to Current Actions: There is no change to minimize the burden of the collection of 9:20 p.m. at the Internal Revenue this existing regulation. information on respondents, including Service, 625 Fulton Street, Brooklyn, Type of Review: Extension of a through the use of automated collection NY 11201. currently approved collection. techniques or other forms of information For more information or to confirm Affected Public: Individuals or technology; and (e) estimates of capital attendance, notification of intent to households. or start-up costs and costs of operation, attend the meeting must be made with The burden for the collection of maintenance, and purchase of services Eileen Cain. Mrs. Cain can be reached information is reflected in the burden of to provide information. at 1–888–912–1227 or 718–488–3555. Form 4868, Application for Automatic Extension of Time to File U.S. Approved: November 28, 2001. The public is invited to make oral Individual Tax Return. George Freeland, comments from 9 p.m. to 9:20 p.m. on The following paragraph applies to all IRS Reports Clearance Officer. Thursday, January 17, 2002. of the collections of information covered [FR Doc. 01–30378 Filed 12–6–01; 8:45 am] Individual comments will be limited by this notice: BILLING CODE 4830–01–P to 5 minutes. If you would like to have An agency may not conduct or the CAP consider a written statement, sponsor, and a person is not required to please call 1–888–912–1227 or 718– respond to, a collection of information DEPARTMENT OF THE TREASURY 488–3555, or write Eileen Cain, CAP unless the collection of information Office, P.O. Box R, Brooklyn, NY, displays a valid OMB control number. Internal Revenue Service 11201. The Agenda will include the Books or records relating to a collection following: Various IRS issues. Note: Last of information must be retained as long Open Meeting of the New York Metro Citizen Advocacy Panel minute changes to the agenda are as their contents may become material possible and could prevent effective in the administration of any internal AGENCY: Internal Revenue Service (IRS), advance notice. revenue law. Generally, tax returns and Treasury. Dated: November 20, 2001. tax return information are confidential, ACTION: Notice. as required by 26 U.S.C. 6103. John J. Mannion, Request for Comments: Comments SUMMARY: An open meeting of the New Director, Program Planning & Quality. submitted in response to this notice will York Metro Citizen Advocacy Panel will [FR Doc. 01–30379 Filed 12–6–01; 8:45 am] be summarized and/or included in the be held in Brooklyn, New York. BILLING CODE 4830–01–P
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Part II
Department of Agriculture Animal and Plant Health Inspection Service
9 CFR Parts 70 and 88 Commercial Transportation of Equines to Slaughter; Final Rule
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DEPARTMENT OF AGRICULTURE added language to the 1996 Farm Bill Congress further clarified its concerning the commercial intentions with regard to the statute Animal and Plant Health Inspection transportation of equines to slaughtering through a conference report. The Service facilities after having determined that conference report states that the object equines being transported to slaughter of any prospective regulation would be 9 CFR Parts 70 and 88 have unique and special needs. the individuals and companies that Sections 901–905 of the 1996 Farm [Docket No. 98–074–2] regularly engage in the commercial Bill (7 U.S.C. 1901 note, referred to transport of equines to slaughter and not RIN 0579–AB06 below as ‘‘the statute’’) authorize the the individuals or others who Secretary of Agriculture, subject to the periodically transport equines to Commercial Transportation of Equines availability of appropriations, to issue slaughter outside of their regular to Slaughter guidelines for the regulation of the activity. The conference report also AGENCY: Animal and Plant Health commercial transportation of equines states that the Secretary has not been Inspection Service, USDA. for slaughter by persons regularly given the authority to regulate the engaged in that activity within the ACTION: Final rule. routine or regular transportation of United States. The Secretary is equines to other than a slaughtering SUMMARY: We are establishing authorized to regulate the food, water, facility or to regulate the transportation regulations pertaining to the commercial and rest provided to such equines in of any other livestock, including transportation of equines to slaughtering transit, to require the segregation of poultry, to any destination. In addition, facilities. These regulations fulfill our stallions from other equines during the conference report states that, to the responsibility under the 1996 Farm Bill transit, and to review other related extent possible, the Secretary is to to regulate the commercial issues the Secretary considers employ performance-based standards transportation of equines for slaughter appropriate. The Secretary is further rather than engineering-based standards by persons regularly engaged in that authorized to require any person to when establishing regulations to carry activity within the United States. The maintain such records and reports as the out the statute and that the Secretary is purpose of the regulations is to establish Secretary considers necessary. The not to inhibit the commercially viable minimum standards to ensure the Secretary is also authorized to conduct transport of equines to slaughtering humane movement of equines to such investigations and inspections as facilities. slaughtering facilities via commercial the Secretary considers necessary and to On May 19, 1999, we published in the transportation. As directed by Congress, establish and enforce appropriate and Federal Register (64 FR 27210–27221, the regulations cover, among other effective civil penalties. In a final rule Docket No. 98–074–1) a proposal to things, the food, water, and rest published in the Federal Register on establish regulations pertaining to the December 30, 1996 (61 FR 68541–68542, provided to such equines. The commercial transportation of equines to Docket No. 96–058–1), the authority to regulations also require the owner/ slaughtering facilities in a new part of carry out the statute was delegated from shipper of the equines to take certain title 9 of the Code of Federal the Secretary of Agriculture to the actions in loading and transporting the Regulations (CFR). The new regulations Assistant Secretary for Marketing and equines and require that the owner/ would be found at 9 CFR part 88. We Regulatory Programs (now the Under shipper of the equines certify that the proposed to divide part 88 into six Secretary for Marketing and Regulatory commercial transportation meets certain sections: § 88.1—Definitions, § 88.2— Programs), and from that official to the requirements. In addition, the General information, § 88.3—Standards Administrator of the Animal and Plant regulations prohibit the commercial for conveyances, § 88.4–Requirements Health Inspection Service (APHIS), and transportation to slaughtering facilities for transport, § 88.5—Requirements at a of equines considered to be unfit for from the APHIS Administrator to the Deputy Administrator for Veterinary slaughtering facility, and § 88.6— travel, the use of electric prods on Violations and penalties. The proposed equines in commercial transportation to Services. To clarify its intentions, Congress set regulations pertained only to the actual slaughter, and, after 5 years, the use of forth definitions in the statute. For transport of a shipment of equines from double-deck trailers for commercial purposes of interpreting the statute, the point of being loaded on the transportation of equines to slaughtering ‘‘commercial transportation’’ is defined conveyance to arrival at the slaughtering facilities. as ‘‘the regular operation for profit of a facility. EFFECTIVE DATE: February 5, 2002. transport business that uses trucks, We solicited comments concerning FOR FURTHER INFORMATION CONTACT: Dr. tractors, trailers, or semitrailers, or any our proposal for 60 days ending July 19, Timothy Cordes, Senior Staff combination thereof, propelled or 1999. During the comment period, we Veterinarian, National Animal Health drawn by mechanical power on any received 276 comments. They were from Programs, VS, APHIS, 4700 River Road highway or public road.’’ ‘‘Equine for animal humane associations, academia, Unit 43, Riverdale, MD 20737–1231; slaughter’’ means ‘‘any member of the slaughter plants, horse industry (301) 734–3279. Equidae family being transferred to a organizations, veterinary practitioners, a SUPPLEMENTARY INFORMATION: slaughter facility, including an assembly State government and a foreign point, feedlot, or stockyard.’’ ‘‘Person’’ government, the U.S. Congress, Background means ‘‘any individual, partnership, livestock industry organizations, We are establishing regulations corporation, or cooperative association livestock transporters, an organization pertaining to the commercial that regularly engages in the commercial representing veterinarians, and private transportation of equines to slaughtering transportation of equine for slaughter’’ citizens, among others. facilities. We are taking this action to but does not include any individual or The commenters expressed a variety fulfill a responsibility given by Congress other entity who ‘‘occasionally of concerns that are discussed below by to the Secretary of Agriculture in the transports equine for slaughter topic. Many commenters referred to Federal Agriculture Improvement and incidental to the principal activity of the ‘‘horses’’ rather than ‘‘equines’’; for Reform Act of 1996 (commonly referred individual or other entity in production consistency with the rule portion of this to as ‘‘the 1996 Farm Bill’’). Congress agriculture.’’ document, we will use the term
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‘‘equines,’’ as appropriate, in discussing travel. This final rule clarifies that we proposed to define owner as ‘‘Any those comments. mean fitness to travel at the time of individual, partnership, corporation, or loading. Proposed § 88.4(a)(3) required a cooperative association that purchases Summary of Changes Made in Response statement on the owner-shipper equines for the purpose of sale to a to Comments certificate about any unusual physical slaughtering facility.’’ We stated that We are making the following changes conditions and any special handling both owners and shippers would be in response to the comments we needs. We have reworded this provision subject to the regulations. received. to clarify that we mean any unusual One commenter stated that exempting 1. Definitions. We have removed the physical conditions that may cause the only those who ship equines once a year separate definitions of owner and equine to have special handling needs. is too limiting and suggested allowing shipper and applied the definition of Proposed § 88.4(b)(2) stated that three shipments per year, which the shipper to owner/shipper. As a result, ‘‘veterinary assistance must be provided commenter believed would allow the all references to ‘‘owner’’ and ‘‘shipper’’ as soon as possible for any equines in occasional transport of equines to have been changed to ‘‘owner/shipper.’’ obvious physical distress.’’ This final slaughtering facilities by equine owners. 2. General information. Proposed rule adds that veterinary assistance One commenter stated that the § 88.2(b) provided that, to determine must be provided by an equine definition of shipper should reflect both whether an individual or other entity veterinarian. In addition, § 88.4(b)(2) of the frequency and number of equines transporting equines to a slaughtering this final rule adds that if an equine transported. One commenter stated that facility is subject to the regulations, a becomes nonambulatory en route, an an entity should have to adhere to the USDA representative may request ‘‘from owner/shipper must have the equine regulations if he or she transported more any individual or other entity’’ euthanized by an equine veterinarian. than 24 equines to slaughter per year. information regarding the business of Further, § 88.4(b)(2) of this final rule Based on these comments and our the individual or other entity who specifies that, if an equine dies en route, experience with the equine industry, we transported the equines. We have the owner/shipper must contact the have decided to apply the regulations to amended that language in this final rule nearest APHIS office as soon as possible any individual, partnership, to clarify that a USDA representative corporation, or cooperative association may request that information ‘‘from the to allow an APHIS veterinarian to examine the equine, and if an APHIS that engages in the commercial individual or other entity who transportation of more than 20 equines transported the equines.’’ Also, veterinarian is not available, the owner/ shipper must contact an equine per year to slaughtering facilities, except proposed § 88.2(b) stated that, when any individual or other entity who such information is requested, the veterinarian. Proposed § 88.4(e) required the shipper to secure the services of a transports equines to slaughtering individual or other entity who facilities incidental to his or her veterinary professional to treat an transported the equines ‘‘will’’ provide principal activity of production equine, including performing the information within 30 days and in agriculture. We believe that those euthanasia, if deemed necessary by the the format specified by the USDA entities who transport more than 20 USDA representative. This final rule representative. We have amended this equines per year to slaughtering will require the veterinary professional provision to clarify that the individual facilities, except those entities who or other entity ‘‘must’’ provide the to be an equine veterinarian. 4. Requirements at a slaughtering transport equines to slaughtering information within 30 days and in the facilities incidental to their principal facility. Proposed § 88.5(b) stated that format specified. activity of production agriculture, the shipper who transported the equines 3. Requirements for transport. should be considered as regularly to the slaughtering facility must not Proposed § 88.4(a)(1) specified that, for engaged in the commercial leave the premises of the slaughtering a period of not less than 6 hours prior transportation of equines to slaughter. to the equines being loaded onto the facility until the equines have been Many commenters stated that conveyance, the owner or shipper must examined by a USDA representative. replacing the term ‘‘person’’ in the provide each equine appropriate food, Under this final rule, if an owner/ statute with the terms ‘‘owner’’ and potable water, and the opportunity to shipper arrives at a slaughtering facility ‘‘shipper’’ exempts from the regulations rest. This final rule clarifies that the 6 outside of the facility’s normal business horse owners who do not fit the hours must be immediately prior to the hours, the owner/shipper may leave the definition of owner; and horse equines being loaded. Proposed premises but must return to the transporters who do not fit the § 88.4(a)(3) listed information that must premises of the slaughtering facility to definition of shipper and distorts be included on the owner-shipper meet the USDA representative upon his Congress’ intent. These commenters certificate for each equine being or her arrival. stated that Congress included in the transported. This final rule adds the Section 88.1—Definitions definition of ‘‘person’’ any individual or following information to that list: (1) entity that regularly engages in the The owner/shipper’s telephone number; Shipper and Owner transportation of equines for slaughter, (2) the receiver’s (destination) name, A number of commenters expressed exempting only those who occasionally address, and telephone number; (3) if concerns about the proposed definitions transport equines to slaughter incidental applicable, the name of the auction/ of shipper and owner. to the principal activity of the same market where the equine is loaded; (4) We proposed to define shipper as individual or other entity in production the breed of the equine; and (5) a ‘‘Any individual, partnership, agriculture; however, the proposed description of any tattoos on the equine. corporation, or cooperative association definition of owner includes only an This final rule also requires at that engages in the commercial individual or entity that purchases § 88.4(a)(3) that information provided transportation of equines to slaughtering equines for the purpose of sale to a on the owner-shipper certificate be facilities more often than once a year, slaughtering facility. typed or legibly completed in ink. except any individual or other entity We agree that the definition of owner Proposed § 88.4(a)(3) required the that transports equines to slaughtering may be confusing and could be owner-shipper certificate to contain a facilities incidental to the principal interpreted to mean that certain entities statement of the equine’s fitness to activity of production agriculture.’’ We that did not purchase equines for the
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purpose of sale to a slaughtering facility commenters assumed that trucking be amended to exclude slaughtering could be excluded from the companies would be exempt from the facilities. We disagree. If a slaughtering requirements. Therefore, in this rule, we regulations if they moved equines to facility possesses equines that will be have removed the definition of owner. slaughter for a farmer whose principal transported to a slaughtering facility, Instead, we will use the term owner/ activity was production agriculture. As including its own, from its own feedlot shipper, which we have defined as explained above, we consider or other premises and the facility ‘‘Any individual, partnership, production agriculture to mean food or transports more than 20 equines a year, corporation, or cooperative association fiber production. None of the entities that slaughtering facility is an owner/ that engages in the commercial listed above are engaged in food or fiber shipper and must comply with the transportation of more than 20 equines production. Therefore, they would not regulations. per year to slaughtering facilities, except be exempt from the regulations unless any individual or other entity who they ship 20 or fewer equines per year. Slaughtering Facility transports equines to slaughtering Some commenters objected to our We proposed to define slaughtering facilities incidental to his or her exempting entities who transport facility as ‘‘A commercial establishment principal activity of production equines to slaughtering facilities that slaughters equines for any agriculture.’’ We believe that the incidental to their principal activity of purpose.’’ definition of owner/shipper meets the production agriculture. One commenter Many commenters objected that the intent of the definition of person in the suggested that the definition of shipper definition of slaughtering facility statute. exempt only those who transport fewer excludes facilities that were specifically Many commenters objected that our than 10 equines per year, and another intended by Congress to be covered by proposed definitions for shipper and commenter stated that we should the regulations (i.e., assembly points, owner narrowed the scope of the statute exempt those who transport 50 or fewer feedlots, and stockyards). Several and would provide more exemptions equines per year instead of providing an commenters stated that auctions and from the regulations than intended by exemption for those entities involved in sales should be added to the definition Congress. The issue that was mentioned production agriculture. One commenter of slaughtering facility. One commenter most frequently was that our proposal objected that the proposed definition of stated that tracing a stolen equine would would exclude persons in the premarin shipper would allow a farmer or other be easier if all locations intended by mare urine (PMU) industry. They said entity that engages in production Congress were regulated by APHIS. these persons would not be ‘‘shippers’’ agriculture to ship any number of The statute gives the Secretary because their principal activity would equines a year to slaughtering facilities authority to regulate the commercial be considered production agriculture. without complying with the regulations. transportation of equines to slaughtering Others stated that the premarin farmer Another commenter stated that there is facilities, which the statute indicates would not be an ‘‘owner’’ because the no legitimate reason for persons or include assembly points, feedlots, or farmer did not purchase the foals or any entities who derive income from stockyards. The Secretary may use his other equines for the purpose of sale to production agriculture to be excluded or her discretion within this authority. a slaughtering facility. For the purposes from the regulations, and that anyone of these regulations, we consider who engages in commercial At this time, we are defining ‘‘production agriculture’’ to mean food transportation should have to comply slaughtering facility to mean only those or fiber production. The principal with the regulations. establishments where equines are activity of the PMU industry is the As stated previously, this final rule slaughtered because (1) we believe that collection of urine from pregnant mares uses the term owner/shipper and equines moved to these facilities are for use by the pharmaceutical industry, exempts only those entities who most at risk of being transported under which is not production agriculture. transport 20 or fewer equines to inhumane conditions, and (2) USDA Therefore, individuals or other entities slaughtering facilities per year and representatives are available at these in the PMU industry who transport entities who transport equines to facilities to help enforce the regulations. equines to slaughter incidental to this slaughtering facilities incidental to their Equines moved to assembly points and business would be covered by our principal activity of production stockyards are more likely to be taken regulations unless they ship 20 or fewer agriculture (food or fiber production). better care of because the purpose of the equines per year. To clarify that we As noted earlier, Congress clarified its movement is for sale. Also, equines may consider production agriculture to mean intentions concerning who should be not be moved from these points to food or fiber production, the definition covered by the regulations in its slaughter. Equines sent to feedlots are of owner/shipper in this final rule conference report. The conference going there for the express purpose of specifies that production agriculture report states, among other things, that gaining weight. Plus, we have no way means production of food or fiber. the object of any prospective regulation currently to monitor movements from In addition, we believe that the new would be the individuals and all points to these intermediate definition of owner/shipper, as companies that regularly engage in the destinations. previously explained, provides commercial transport of equines to Regarding lost or stolen equines, we clarification as to the entities that must slaughter and not the individuals or believe that the use of the owner- comply with the regulations. others who periodically transport shipper certificate will help ensure that Some commenters appeared to believe equines for slaughter outside of their there is documented identification for that the term ‘‘production agriculture’’ regular activity. In the definition of each equine that is transported to a includes professional horse breeders, person in the statute, Congress slaughtering facility. To improve its those who sell riding or work horses, specifically exempted any individual or usefulness for tracebacks, the owner- and persons who have riding stables or entity that occasionally transports shipper certificate will provide for the board horses. They expressed concern equines for slaughter incidental to the identification of any auction/market that these individuals or other entities principal activity of the individual or where an equine is loaded. In addition, would be exempt from the regulations if other entity in production agriculture. we plan to develop a database of the they transported unwanted foals or One commenter stated that the information provided on the owner- other equines to slaughter. Some definitions of owner and shipper should shipper certificates.
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One commenter stated that the slaughtering facility, a USDA regulations established by this rule only definition of slaughtering facility should representative may direct an owner/ if they made compliance with this rule exclude assembly points, feedlots, and shipper to take actions to alleviate the impossible, just as some commenters stockyards to which the equines are suffering of an equine and this could suggested. transported for feeding or holding if the include obtaining the services of an Collection of Information time at such a location is intended to equine veterinarian to treat an equine, exceed 14 days. including performing euthanasia if Proposed § 88.2(b) stated that a USDA The definition of slaughtering facility necessary. An equine veterinarian will representative may request of any in this rule excludes assembly points, be aware of and will use appropriate individual or other entity information feedlots, and stockyards regardless of and humane anesthetic agents for regarding the business of the individual the amount of time an equine spends equines. or other entity that transported the there. However, equines moved from an As mentioned in the proposed rule, equines to determine whether that assembly point, feedlot, or stockyard to we will allocate funds for public individual or other entity is subject to a slaughtering facility must be information efforts and are developing the regulations. The proposal further transported in accordance with the educational materials about the humane stated that the individual or other entity regulations. transport of equines.1 These materials will provide the information within 30 will include a list of equine days and in a format as specified by the Commercial Transportation veterinarians within the United States USDA representative. We defined commercial and their telephone numbers. Several commenters stated that we transportation as ‘‘The movement for Section 88.2 General information should say ‘‘must’’ request information profit via conveyance on any highway regarding the business of the individual or public road.’’ Federal Preemption or other entity that transported the One commenter stated that the Proposed § 88.2(a) stated that State equines and that we should state that definition of commercial transportation governments may enact and enforce the individual or other entity ‘‘must should exempt transport by regulations that are consistent with or provide’’ in place of ‘‘will provide.’’ conveyances that are owned or leased that are more stringent than the We believe that ‘‘may’’ is more by slaughtering facilities that deliver regulations. appropriate in the first instance because equines to their own slaughtering Many commenters expressed the USDA representative may not need facilities. concerns that the regulations could to request information at all times to As stated previously, if a slaughtering preempt State laws that may be more make a determination of whether an facility transports equines to a stringent. Some pointed out that in the individual or other entity that is slaughtering facility, including its own, preamble, under the heading ‘‘Executive transporting the equines to a the equines must be transported in Order 12988,’’ we stated that the slaughtering facility is subject to the accordance with the regulations. regulations would preempt all State and regulations. However, as to using ‘‘must Euthanasia local laws and regulations that are in provide,’’ we agree with the commenters conflict with the rule. Many and have amended the rule accordingly. We proposed to define euthanasia as commenters stated that the Federal One commenter stated that we should ‘‘The humane destruction of an animal regulations should not preempt State clarify in § 88.2(b) that a USDA by the use of an anesthetic agent or regulations unless compliance with the representative may request information other means that causes painless loss of State regulations would make from the entity that actually transported consciousness and subsequent death.’’ compliance with the Federal regulations the load of equines. One commenter stated that we should impossible. In particular, many We agree. We have amended § 88.2(b) provide a list of acceptable anesthetic commenters expressed concern that the to read as follows: ‘‘To determine agents, such as pentobarbital, choral regulations would preempt existing whether an individual or other entity hydrate, pentobarbital combinations, State bans on transporting equines in found to transport equines to a and gunshot, and require them to be double-deck trailers. slaughtering facility is subject to the administered by a trained person. This States may promulgate and enforce regulations in this part, a USDA commenter added that succinylcholine similar or even more stringent representative may request from that curariform drugs or other paralytic regulations to ensure the humane individual or other entity information agents, cyanide, strychnine, ether, and transport of equines to slaughtering regarding the business of that individual carbon monoxide should be prohibited. facilities. State or local laws that are We do not believe that listing or other entity. When such information more stringent than the regulations will anesthetic agents (pharmaceuticals that is requested, the individual or other not necessarily conflict with the provide a loss of sensation with or entity who transported the equines must regulations. For example, the without loss of consciousness) or provide the information within 30 days regulations would not preempt existing requiring them to be administered by a and in a format as may be specified by States’ bans on transporting equines in trained person is necessary. As the USDA representative.’’ double-deck trailers because double- explained later in this document, deck trailers are not required by our Section 88.3 Standards for § 88.4(b)(2) of this final rule requires regulations. The drivers of conveyances Conveyances veterinary assistance to be provided by will be responsible for complying with an equine veterinarian. In addition, as Cargo Space any State laws that prohibit the use in explained later in this document, Proposed § 88.3(a)(1) stated that the a State of double-deck trailers for the § 88.4(b)(2) of this final rule provides animal cargo space of conveyances used transportation of equines to slaughter. that, if an equine becomes for the commercial transportation of State and local laws and regulations nonambulatory en route, the equine equines to slaughtering facilities must would be ‘‘in conflict’’ with the must be euthanized by an equine be designed, constructed, and veterinarian. Also, § 88.4(e) of this final 1 To obtain information about these educational maintained in a manner that at all times rule provides that, if deemed necessary materials, contact the person listed under FOR protects the health and well-being of the at any time during transportation to a FURTHER INFORMATION CONTACT. equines being transported (e.g., provides
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adequate ventilation, contains no sharp accordance with § 88.6. Also, the commenter stated that stallions can be protrusions, etc.). educational program previously muzzled and tied. Many commenters stated that we mentioned in this document will Under § 88.4(a)(4)(ii), stallions and should explain adequate ventilation, provide owners, shippers, and other aggressive equines are required to be and some of these commenters stated stakeholders in the equine slaughtering completely segregated from other that adequate ventilation cannot be industry with information regarding the equines during transit. We do not provided in certain conveyances. safe transport of equines, including believe that it is necessary to require Several commenters stated that the information on flooring. owner/shippers to separate equines into requirements should address protection One commenter objected that our individual compartments. However, from the elements and extremes of proposal did not require conveyances to because this is a performance-based weather. One commenter suggested that be cleaned of manure and urine. This standard, an owner/shipper could use a trailers be modified to use air scoops to commenter also stated that § 88.3(a)(1) partition to separate aggressive equines control air flow and stated that trailers should prohibit use of ropes, wires, or from other equines. As to tying equines, that cannot be appropriately modified chains in animal cargo space because an we agree that tying an equine, in some for operation in extreme weather equine could become entangled in or cases, could prevent it from rearing; conditions should not be used when injured by them. This commenter however, the equines could still kick. adverse conditions are likely to exist. further added that a conveyance that Also, haltering and tying an equine This commenter stated that a rating transports equines should not have could pose a danger to the equine if it system could be used to rate trailers for openings in the walls or sides of the attempted to rear and lost its balance their suitability for summer or winter vehicle lower than 2 feet from the floor and fell. The equine could be stepped conditions and could encourage of the conveyance. on by other equines or injure itself. As transporters to invest in better-designed Under § 88.3(a)(1), the conveyance to the comment regarding muzzling the trailers. used for the commercial transportation equines, we assume that this commenter As stated previously, the regulations of equines to slaughtering facilities must recommended muzzling and tying are performance-based standards. If a be maintained in a manner that at all stallions instead of segregating them. conveyance does not provide adequate times protects the health and well-being Tying up or muzzling an equine is not ventilation or other measures to protect of the equines being transported. practical for all equines going to the health and well-being of the equines Maintenance of the conveyance would slaughter because some are not halter- in transit, it must not be used. include the removal of manure and broken. We believe the owner/shipper The educational materials we are urine, when appropriate. Similarly, should have some discretion in developing about humane transport of owners/shippers must ensure that the determining how to achieve segregation equines will include information on cargo space is free of any articles that of stallions and aggressive equines. ventilation and transport under various may injure the equines. If a conveyance weather conditions. has openings in the walls or sides that Interior Height Several commenters stated that our cause harm to the equines, the Proposed § 88.3(a)(3) stated that the proposal did not address proper flooring conveyance must either be altered or not animal cargo space of conveyances used in conveyances. Many commenters used for the transport of equines to for the commercial transportation of stated that the rule should require slaughter. We do not believe that a equines to slaughtering facilities must flooring within a conveyance to be of comprehensive list of all articles or have sufficient interior height to allow such material (rubber, neoprene, etc.) as configurations that could injure an each equine on the conveyance to stand to afford the animal secure footing at all equine is necessary or appropriate. with its head extended to the fullest times under all conditions. One normal postural height. Segregation of Aggressive Equines commenter stated that welding 3⁄8-inch Several commenters stated that the rods at 12-inch intervals to the deck Proposed § 88.3(a)(2) stated that the performance specifications were too could prevent slipping. Many animal cargo space of conveyances used vague and could be subject to commenters stated that ramps should for the commercial transportation of interpretation. One commenter also have nonslip (nonmetal, nonskid) equines to slaughtering facilities must suggested that § 88.3(a)(3) state, ‘‘Have flooring. Several commenters stated that include means of completely segregating sufficient height to allow each equine wood shavings, sawdust, or sand could each stallion and each aggressive equine on the conveyance to stand in a normal be used to provide secure footing. on the conveyance so that no stallion or relaxed posture with its feet on the There are many ways of providing aggressive equine can come into contact floor, without its head or any part of its secure footing and otherwise protecting with any of the other equines on the body contacting the ceiling of the the health and well-being of equines in conveyance. conveyance. There must be sufficient transit. We do not believe it is necessary Many commenters stated that clearance to prevent injury or abrasions to specify how this must be done. Many partitions or individual stalls should be to the withers and the top of the rump. of the shippers or owners who transport required to segregate stallions and other Horses which arrive at their destination equines safely and correctly already use aggressive equines, and one of these with reddened abrasions or fresh flooring that provides equines with commenters stated that the partitions injuries on the withers or the top of the secure footing. In addition, the should be at least 6 feet high. Several rump would be in violation.’’ One regulations will require the use of an commenters stated that partitions commenter suggested ‘‘* * * extended owner-shipper certificate that must should be required for ‘‘high strung’’ up to the highest normal postural height describe any preexisting injury the equines. Several commenters stated that so that its withers and top of its rump equine has at loading. If an equine equines should be transported in trailers will not come into contact with the arrives at a slaughter facility with an with separate individual compartments ceiling, but in any case the ceiling must injury that was not identified on the or haltered, and several commenters be no less than 7 feet from the floor.’’ certificate, such as an injury from a fall stated that equines could be tied to Many commenters stated that the due to insecure footing, the owner/ prevent injuries due to fighting if not hauling area of vehicles used to shipper may be found in violation of the partitioned. One commenter stated that transport equines should be a minimum regulations and could be fined in tying equines will prevent rearing. One of 7 feet high from the highest point
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used by the animals for footing, to the that conveyances be equipped with of double-deck trailers for the transport lowest point in the ceiling, not having ramps and floors which provide nonslip of equines. a strut or brace, and no less than 6 feet footing and doors of sufficient width The statute does not prohibit the use 6 inches from the highest point used by and height so that a horse that is of double-deck trailers or any other the animals for footing to the lowest walking off the conveyance will not conveyance; however, it requires the point having a strut or brace. Some sustain visible external injuries such as commercial transport of equines to commenters provided ranges of 6 feet 6 abrasions and lacerations. Another slaughter by humane methods. inches to 7 feet for the minimum heights commenter stated that we should Many commenters stated that in the hauling area of conveyances, and require ramps, rails, and flooring to be continued use of double-deck trailers is several commenters stated that the maintained in a good state of repair; inconsistent with providing for the safe height should be adequate for equines to fittings to be designed for quick and and humane transport of equines to stand upright and provide for safe easy operation and maintained in good slaughter. Many commenters stated that loading and unloading. Many working order; ramps and floors to be our rule is inconsistent with the State of commenters stated that the intent of the covered with a nonmetal, nonskid New York’s ban on the use of double- statute was to require a conveyance to surface; and flooring to be free of rust deck trailers for the transport of horses. have a ceiling height of no less than 6 and rot and designed to allow for Several commenters stated that APHIS feet 6 inches. One commenter stated appropriate drainage. This commenter should provide a shorter grace period that § 88.4(a)(3) should state that, if further stated that vehicles should be for the use of double-deck trailers, and equines arrive at their destination with fitted with a ramp not to exceed 25 some of these commenters suggested injuries indicative of transport, the degrees in slope and be of sufficient grace periods ranging from 30 days to 2 owner/shipper could be found in width and equipped with solid sides of years. One commenter suggested that, violation of the regulations. sufficient strength and height to prevent rather than allow an across-the-board 5- We believe that the performance- equines from falling off, and that all year ‘‘grandfather clause,’’ APHIS based standards in this rule fulfill the portable or adjustable ramps should be should require entities to show that they intent of Congress under the statute to equipped with anchoring devices. This cannot practicably comply with an help ensure the humane movement of commenter also stated that vehicles immediate ban. This commenter stated equines in commercial transit to must be equipped with an additional that this requirement would require the slaughtering facilities. We have left the exit ramp suitable for use in shipper to demonstrate how soon he or owner/shipper with the responsibility of emergencies and that conveyances she could switch to a single-deck trailer. ensuring that the design, construction, should be equipped to provide for the Many commenters expressed concern and maintenance of the conveyance safest and least stressful loading and that, with the 5-year exception, a shipper could begin to use a new used are adequate to ensure that the unloading. One commenter stated that double-deck trailer or a double-deck conveyance can safely and humanely equines should be loaded in as quiet a trailer previously used to transport transport equines. If an equine arrives at situation as possible and that the area nonequine livestock at any time during its destination with an injury, and the surrounding the ramp should also be the 5-year period. Several commenters injury was caused by a violation of the nonslip. regulations, the owner/shipper may be stated that vehicles designed for horses We believe the performance-based assessed civil penalties of up to $5,000 should be required. standards in this rule provide clear per violation for each equine injured. We believe that the grace period of 5 Accountability for injuries that occur guidance on what we mean by humane years is fair and reasonable. As stated in during transport due to violations is the transport. Owner/shippers will have to the proposal, we arrived at a time period reason the owner-shipper certificate ensure the safe loading and offloading of of 5 years after discussions with requires the documentation of any equines because, if equines sustain interested parties, including preexisting injuries that are present injuries while loading, in transit, or representatives of the trucking and prior to loading. while offloading, due to violations of equine industries, at two meetings the regulations, the owner/shipper may hosted by humane organizations. We Doors and Ramps be assessed civil penalties as set forth in believe that many of the double-deck Proposed § 88.3(a)(4) stated that the § 88.6. trailers currently used to transport animal cargo space of conveyances used Double-Deck Trailers equines will need to be replaced in for the commercial transportation of approximately 5 to 7 years. equines to slaughtering facilities must Proposed § 88.3(b) stated that equines We acknowledge that some double- be equipped with doors and ramps of in commercial transportation to deck trailers are likely to cause injuries sufficient size and location to provide slaughtering facilities must not be and trauma to equines; however, we are for safe loading and unloading. transported in any conveyance that has allowing their continued use for the Many commenters stated that we the animal cargo space divided into two next 5 years in order to minimize should provide engineering-based or more stacked levels, except that economic losses to those dependent on standards for doors and ramps. One conveyances lacking the capability to the use of double-deck trailers. commenter stated that ramps should convert from two or more stacked levels Nevertheless, we will hold owners and have sides, and another commenter to one level may be used until a date 5 shippers responsible for any injuries stated that rails should be required. One years from the date of publication of the that occur during transport. If equines commenter stated that we could require final rule. The proposal also stated that are injured during transport to commercial semi-trailers to travel with conveyances with collapsible floors slaughtering facilities, even if that their own external ramps. One (also known as ‘‘floating decks’’) must transport is in double-deck trailers still commenter stated that conveyances be configured to transport equines on allowed under the regulations, the should be equipped with doorways and one level only. owner/shipper could be in violation of ramps of sufficient height and width Many commenters opposed the the regulations for each equine that is and location to provide for safe loading continued use of double-deck trailers. injured and be assessed civil penalties and unloading, including in an Many of them stated that the original as set forth in § 88.6. Furthermore, emergency. One commenter suggested intent of the statute was to ban the use although our rule may not mirror
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regulations that were promulgated by Many commenters stated that double- padding used in the single-deck trailers certain States, this rule will not preempt deck trailers can jeopardize public may have caused physiological State regulations that have bans on the safety and, therefore, should not be differences between horses transported use of double-deck trailers. allowed. in double-deck trailers and horses One commenter stated that the We agree that if drivers operate transported in single-deck trailers. The regulations are not clear as to whether double-deck trailers in an unsafe rubber padding lined the interior walls the 5-year grace period means that no manner, the trailers can pose a danger of the single-deck trailer and limited the violations can be written for to humans, just as any vehicle that is ventilation capacity within the transporting tall equines in a double- operated in an unsafe manner. In § 88.4, conveyance. However, this discovery deck trailer for 5 years. As stated above, paragraph (b) states that during transit may support the use of rubber padding we will hold owners and shippers to the slaughtering facility, the owner/ to decrease the exposure of equines to responsible for any injuries that occur shipper must drive in a manner to avoid extremely low temperatures during their during transport if the injuries are due causing injury to the equines. This is a transport in the winter. to violations of the regulations. performance-based standard that is Several commenters opposed the One commenter stated that the use of meant to protect the equines from injury prohibition on double-deck trailers double-deck trailers will lead to a caused by poor driving habits and because single deck, or ‘‘straight-floor,’’ violation of § 88.4 regarding the should help ensure that double-deck trailers do not hold as many horses. observation of equines every 6 hours trailers are driven in a safe manner. Our Several commenters stated that they and offloading every 28 hours because educational program regarding the now use the double-deck trailers for shippers will have little incentive to humane transport of equines will horses and other livestock and that comply with unloading requirements include safe driving procedures. going to a single deck, or ‘‘straight- given the intrinsic hazards to handlers Several commenters stated double- floor,’’ trailer would not be economical and equines. deck trailers should not be prohibited for them because they hold fewer after 5 years if they can be altered to In the proposal, we stated that animals. Thus, our rule would cause accommodate equines or converted to equines frequently sustain injuries from them economic hardship. One single level. commenter stated that, since it will still being forced up or down the steep Double-deck trailers do not provide inclines of double-deck loading ramps. be legal to transport livestock other than adequate headroom for equines, with equines in double-deck trailers, and to However, if an owner/shipper continues the possible exception of foals and to use a double-deck trailer, he or she transport equines to destinations other yearlings. We do not believe that trailers than slaughtering facilities in double- must take proper precautions to protect that have two or more permanent levels equines from injury during loading and deck trailers, shippers will have no that are not collapsible can be economic incentive to trade in double- offloading while using ramps. In adequately altered to accommodate addition, the owner/shipper must deck trailers for single-deck trailers. The adult equines, especially tall equines. A commenter maintained that the rule adhere to the prescribed observation tall equine can be 8 feet tall to the top period and offloading times provided in will, therefore, impede the transport of of its head when standing on all four equines to slaughter by reducing the § 88.4(b)(2) and 88.4(b)(3), respectively. legs and close to 12 feet tall when The grace period for double-deck number of vehicles available for this rearing. As stated in the proposal, the transport and increasing the costs of trailers is strictly a phase-out period for overpasses on most U.S. interstate the use of double-deck trailers and does transporting equines to slaughter. highways are between 14- and 16-feet We acknowledge that double-deck not provide protection from the high. We are not prohibiting, either regulations for owners or shippers for trailers can carry more equines and immediately or after 5 years, the use of other livestock than single-deck trailers. injuries incurred by equines due to their double-deck trailers that can be transport in double-deck trailers. We are allowing the continued use of converted to a single level. double-deck trailers for the next 5 years Therefore, if equines are injured during Several commenters said that if transport to slaughtering facilities, the in order to minimize economic losses to equines are sorted by size, double-deck those dependent on the use of double- owner/shipper may be found in trailers could continue to be used. Other violation of the regulations for each deck trailers. We do not believe that commenters stated that we should equines can be safely and humanely equine that is injured and may be require only that ceilings be of adequate assessed civil penalties as set forth in transported on a conveyance that has an height, which one commenter animal cargo space divided into two or § 88.6 even if the transport was maintained would prohibit only performed using a double-deck trailer. more stacked levels. As stated in the unusually tall equines from the double- proposal, double-deck trailers can One commenter stated that the deck portion of the trailers. One regulations are not clear as to whether continue to be used to transport other commenter stated that § 88.3(b) should commodities, including produce and double-deck trailers will be banned as of require only that conveyances be of the date of the final rule. livestock other than equines. Also, sufficient interior height to allow each owners can sell their serviceable trailers As of the effective date of this rule, equine to stand with its head extended conveyances with collapsible floors at fair market value to transporters of to the fullest normal postural height. commodities other than equines. (also known as ‘‘floating decks’’) must Again, we do not believe that double- be configured to transport equines on deck trailers provide sufficient Section 88.4 Requirements for one level only and will not be headroom for horses other than foals Transport prohibited. In addition, if a conveyance and yearlings. is converted from two or more stacked Two commenters stated that research Food and Water Prior to Transport levels to one level, the conveyance will has shown that stress levels and Proposed § 88.4(a)(1) stated that, prior not be prohibited. Conveyances that physiological factors are improved on to the commercial transportation of lack the capability to convert from two double-deck trailers versus single-deck equines to a slaughtering facility, the or more stacked levels to one level may trailers. shipper or owner must, for a period of be used until 5 years from the date of Upon completion of the USDA not less than 6 consecutive hours prior publication of this rule. research, we determined that rubber to the equines being loaded on the
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conveyance, provide each equine of the digestive system formed by addition, in accordance with appropriate food (i.e., hay, grass, or digested material.) However, we believe § 88.5(a)(3), a USDA representative must other food that would allow an equine that allowing equines access to be given access to the equines upon in transit to maintain well-being), appropriate food and potable water for arrival at the slaughtering facility. If the potable water, and the opportunity to 6 hours immediately prior to loading is USDA representative suspects that the rest. unlikely to result in impaction and is equines are suffering from the effects of Several commenters expressed essential to ensure that the equines do a lack of food, water, or rest, he or she concern that the proposed rule would not undergo serious physiological can question the owner/shipper not require the 6-hour period of feed, distress during transit. regarding the care the equines received water, and rest to occur immediately One commenter stated that the prior to and during transport. If we preceding loading for transport. One minimum rest period prior to loading determine that an owner/shipper did commenter suggested saying ‘‘not more should be 16 hours with unlimited not comply with any requirement, the than 6 consecutive hours prior to the access to water, good quality hay, and owner/shipper may be subject to civil equines being loaded.’’ One commenter shelter, and another commenter stated penalties of up to $5,000 per violation suggested inserting the words ‘‘for a that water should be provided within 12 per equine as set forth in § 88.6. In period of at least 6 consecutive hours hours of transport. addition, if we determine that the immediately. * * *’’ Based on one of the USDA- owner/shipper falsified the form, the It was our intent in § 88.4(a)(1) to commissioned research studies, we owner/shipper could be subject to a fine require a 6-hour time period found that equines that were provided of not more than $10,000 or immediately preceding the loading of water for 6 hours immediately before imprisonment for not more than 5 years the equines. To make that clearer, we transport did better than those that were or both. (The penalty for falsification of have added the word ‘‘immediately’’ provided water for more than 6 hours. the owner-shipper certificate is stated before the word ‘‘prior’’ in the rule One commenter stated that feedlots on the owner-shipper certificate (18 portion of this document. practice dry lotting, which means that U.S.C. 1001).) Several commenters stated that the equines are not fed immediately prior to proposed provisions for access to food slaughter, and the regulations are not USDA Backtag and water were too vague. One clear as to whether the practice will be Proposed § 88.4(a)(2) stated that, prior commenter objected to the lack of prohibited when the rule is finalized. to the commercial transportation of specific information regarding the One commenter stated that providing equines to a slaughtering facility, the quality or quantity of food and water to food and water is not necessary if shipper or owner must apply a USDA be provided. Two commenters stated equines are going directly to processing backtag to each equine in the shipment. that equines should be grouped from the truck. One commenter stated that we should appropriately to ensure that all of them The regulations at § 88.4(a)(1) require have uninhibited access to food and that equines be provided food and water remove the requirement for a backtag water, and that water should be ad prior to loading for transport to and require each equine to be marked in libitum, and one other commenter stated slaughter, and § 88.5 requires that a manner that provides a unique that the equines should have equines be given access to food and identification of the animal. unimpeded access. One commenter water after being unloaded at the Backtags provide a unique suggested that we require ‘‘free access to slaughtering facility. As a consequence, identification for each animal. They are potable water ad libitum.’’ dry lotting will be prohibited. easy to apply and easy to read. We The rule requires that each equine be One commenter stated that equines believe that requiring their use will provided appropriate food and potable purchased at sale barns may have facilitate identification of equines water. This means that each equine already been deprived of water for quite during loading, unloading, and in must have access to the food and water. some time. This commenter stated that spaces where they are congregated. If an Also, the rule requires ‘‘appropriate’’ the regulations are not clear as to how equine has a unique identifying mark food. We do not believe that it is USDA representatives will verify that such as a brand or tattoo, the owner- necessary to prescribe the quality or each equine has received the required 6- shipper must record the identifying quantity of food that must be provided hour access to food and water and mark on the owner-shipper certificate or to require grouping of animals. We whether USDA representatives will along with the USDA backtag number. believe that the owner/shipper can examine equines for evidence that they One commenter stated that an determine the quality and quantity of received preloading services upon identification tag should be attached to food and water that should be provided arrival at the slaughtering facility. One each equine and that the tag should to equines and the best methods to commenter stated that we should not provide the identification of the owner/ ensure that all equines have access to trust the owner-shipper statement that shipper and the license plate number of food and water. claims an equine was provided access to the conveyance. One commenter stated that requiring appropriate food, potable water, and rest A USDA backtag will be applied to owners or shippers to provide equines prior to loading. each equine and the number will be with access to feed within 6 hours of Owners/shippers are responsible for recorded on the owner-shipper transport could be a potential problem ensuring that equines have access to certificate for each equine. The owner- due to the possibility of impaction. This food, water, and rest for 6 hours shipper certificate will contain the commenter stated that there are immediately prior to loading on a name, address, and telephone number of anecdotal accounts linking impaction to conveyance for transport to a the owner/shipper. In addition, the feed and dehydration and that requiring slaughtering facility. In accordance with vehicle license number or registration feed may need more study. § 88.4(a)(3), the owner/shipper must number of the conveyance will be We are aware that impaction can certify on the owner-shipper certificate recorded on the owner-shipper occur under certain circumstances; for each equine being transported that certificate. Because the USDA backtag however, impaction has been associated the equine had access to food, water, provides a unique identification for with inadequate intake of water. and rest for the 6 hours immediately each animal, the backtag will allow us (Impaction is the blockage of a portion prior to loading into the conveyance. In to determine the identification of the
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owner/shipper should that become owner/shipper could ship a lame equine the conveyance, the owner/shipper may necessary. without identifying the injury on the be found in violation of the regulations certificate and state that injury occurred and subject to civil penalties as set forth Owner-Shipper Certificate en route if lameness is noted as the in § 88.6. Any owner/shipper found to Proposed § 88.4(a)(3) stated that, prior equine is unloaded at the slaughtering have falsified a certificate could also be to the commercial transportation of facility. Several commenters stated that subject to a fine of not more than equines to a slaughtering facility, the a lack of veterinary certification could $10,000 or imprisonment for not more shipper or owner must complete and mean that the USDA representative at than 5 years or both, in accordance with sign an owner-shipper certificate for the slaughtering facility would be 18 U.S.C. 1001. each equine being transported. The unable to determine whether the A few commenters stated that proposal also stated that the owner- injuries were preexisting or a result of allowing owners or shippers to shipper certificate for each equine must transportation. One commenter stated complete the owner-shipper certificate accompany the equine throughout that without medical or veterinary is inconsistent with other regulations transit to the slaughtering facility and knowledge or training, there may be that require an accredited veterinarian must include specified information, mistakes or inaccurate entries on the to sign a certificate or that require a including, under § 88.4(a)(3)(v) owner-shipper certificate. One health certificate for the interstate (redesignated as § 88.4(a)(3)(vii) in this commenter stated that the owner- movement of equines. final rule), a statement of the equine’s shipper certificate requires subjective Other Federal regulations regarding fitness to travel (a statement that the determinations that cannot be made by the interstate movement of equines, for equine is able to bear weight on all four nonveterinary personnel. Many example, those for equine infectious limbs, is able to walk unassisted, is not commenters stated that the original anemia (9 CFR part 75), are intended to blind in both eyes, is older than 6 intent of the statute was to ban the prevent the interstate spread of months of age, and is not likely to give shipment of sick and injured horses by communicable diseases of equines. This birth during the trip). having a veterinarian inspect the horses, rule does not pertain to a disease control One commenter maintained that an rather than the owner, who stands to or eradication program, and veterinary owner-shipper certificate is unnecessary lose money if the horse is not shipped. medical training is not required to paperwork, because, upon arrival at the We considered requiring a complete the owner-shipper certificate. slaughtering facility, the USDA veterinarian to certify each equine’s One commenter asked if there would representative can check the equines fitness to travel. However, in most cases, be a penalty for the owner or shipper if and conveyance and address any because of the lack of a client-patient he or she is mistaken about an equine’s problems noted with the owner of the relationship, the veterinarian would not fitness to travel. One commenter stated equines. have liability coverage. We also that an owner or shipper should not be As explained in our proposal, we determined that use of accredited found in violation of the regulations if have several reasons for requiring the veterinarians would be inappropriate he or she makes a mistake on the owner- owner-shipper certificate. They make because, as provided in 9 CFR part 161, shipper certificate or neglects to mark a the owner/shipper responsible for they perform functions required by box, such as the sex of the equine. ensuring that the equines are fit to travel cooperative State-Federal disease If an owner/shipper is unsure about and have had adequate food, water, and control and eradication programs. We an equine’s fitness to travel, he or she rest prior to transport; provide a way for also decided, however, that a should seek the proper guidance from a the USDA representative at slaughtering veterinarian was not needed to provide veterinarian or other qualified facilities to determine whether an injury the information we require on the individual. If an owner/shipper makes a occurred en route; assist in the owner-shipper certificate. This mistake on the owner-shipper certificate prosecution of persons found to be in information could be provided by any or fails to accurately complete the violation of the regulations; and person who makes careful observation certificate, APHIS will attempt to facilitate the traceback of any stolen of an equine. However, if an owner/ determine whether the mistake or equines. shipper wishes to have a veterinarian failure to accurately complete the certificate was inadvertent or an attempt Owner-Shipper Certificate; Who Signs examine an equine prior to loading the equine for slaughter, the owner/shipper to circumvent the regulations. We Many commenters expressed concern may make those arrangements. understand that, at times, someone who about an owner or shipper preparing the If an equine arrives at a slaughtering fills out a certificate may make a minor certificate for movement. In particular, facility with an injury that should have error, and we do not intend to bring a with respect to the statement of fitness prevented the equine from being case against someone solely because he for travel, they stated that the owner or transported (e.g., if the equine cannot or she made a minor clerical error. shipper may have an economic walk unassisted), the owner/shipper However, falsification of the owner- incentive to certify the equines fit to may be found in violation of the shipper certificate is a criminal offense travel. Many commenters stated that a regulations and could be subject to civil that may result in a fine of not more professional should certify an equine’s penalties as set forth in § 88.6. In than $10,000 or imprisonment for not fitness to travel prior to the transport to addition, if an equine arrives at a more than 5 years or both because the ensure the equine is in a reasonable slaughtering facility with an injury that owner-shipper certificate is a Federal state of health at the beginning of the was not identified on the owner-shipper document. trip. (Some of these commenters listed certificate, the USDA representative, In the proposal, § 88.4(a)(3)(iii) people such as a licensed veterinarian, who in most cases will be a (redesignated as § 88.4(a)(3)(v) in this accredited veterinarian, USDA veterinarian, will make a professional final rule) required that the owner- representative, or licensed veterinary judgment as to the length of time an shipper certificate provide a description technician. One commenter added equine suffered the lameness or the age of the equine’s physical characteristics, certified humane officers and brand of a wound and its possible cause. If the including such information as sex, inspectors.) Many commenters stated USDA representative determines that coloring, distinguishing markings, that the fitness to travel should be the injury occurred en route or was permanent brands, and electronic means certified by a veterinarian because an present prior to loading the equine on of identification.
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Several commenters stated that, at the be filed with a copy of the owner- information as sex, coloring, point of loading, a USDA representative shipper certificate at the point of sale distinguishing markings, permanent should inspect the equines to verify the and departure. brands, and electronic devices that description of the equine on each We agree that the destination of each could be used to identify the equines. owner-shipper certificate. equine should be required on the One commenter stated that the owner- Shippers and owners are responsible owner-shipper certificate and our shipper certificate should include for the accuracy of the information on certificate includes fields for that additional identifying information, the owner-shipper certificate for each information. We have added a including the breed or type of equine, equine being transported. We believe requirement to § 88.4(a)(3) that the color combinations, and the location that shippers and owners are capable of owner-shipper certificate provide the and relative size of any markings, providing an accurate description of an name, address (street address, city, and brands, tattoos, or scars, as well as the equine’s physical characteristics. If we State), and telephone number of the approximate age of the equine. The find that an owner/shipper has provided receiver (destination). We do not believe commenter stated that this information false information on an owner-shipper that listing intermediate stopping points could assist individuals who are tracing certificate, the owner/shipper may be on the owner-shipper certificate is missing or stolen animals. One found in violation of the regulations and necessary, however. There are only a commenter stated that a description of be assessed civil penalties for each few slaughtering establishments for any physical preconditions should be equine as provided in § 88.6. In equines. Most drivers follow a set route included on the owner-shipper addition, if an owner/shipper provides to the slaughtering facility to which they certificate. One commenter stated that false information, the owner/shipper transport equines and, as a result, USDA we should require tattoos, especially lip could be subject to criminal charges that representatives or other law tattoos, to be identified on the may result in a fine of not more than enforcement officials will be able to certificate. $10,000 or imprisonment for not more locate the conveyance. The owner-shipper certificate than 5 years or both, under 18 U.S.C. Several commenters stated that it is contains fields for the owner/shipper to 1001. unnecessary to require a separate indicate the breed and color of the owner-shipper certificate for each equine. If a specific breed or color is not Owner-Shipper Certificate; When equine in a shipment or to require a new indicated on the certificate, there is a Signed owner-shipper certificate for each field marked ‘‘Other’’ that should be One commenter stated that fitness to segment of the trip. They stated that, in completed. Also, on the owner-shipper travel should not be determined more the case of equines that are unloaded en certificate, the field for identifying than 48 hours prior to loading. route, information about the equines’ marks specifies ‘‘brands, tattoos, and We agree that if an equine’s fitness to fitness to travel and other required scars.’’ In this final rule, § 88.4(a)(3) travel is assessed too far in advance, information could be added to the specifies that the owner-shipper there is a chance that an equine that original certificate if the certificate was certificate should include the breed of becomes ill or injured would not be designed to accommodate more than the equine and any tattoos that are noted. The fitness to travel should be one trip segment. present. We believe that most people determined during the period prior to We do not believe that there would be who are familiar with handling equines the loading of equines into the circumstances that an owner/shipper will also add any facial or leg markings, conveyance. Ideally, this determination certificate would unload equines except as appropriate; however, we have added should be made when equines are in an emergency or as required in ‘‘facial or leg markings’’ to the field for provided appropriate food, potable § 88.4(b)(3) for equines that have been ‘‘Identifying Marks’’ on the owner- water, and rest in accordance with on a conveyance for 28 hours. Under shipper certificate. The certificate also § 88.4(a)(1). In this final rule, we have these circumstances, we would want the provides space for recording any reworded the provision concerning an owner/shipper to reassess each equine’s preconditions. We are not requiring an equine’s ‘‘fitness to travel’’ to clarify fitness to travel prior to reloading onto age to be indicated because an owner/ that we mean at the time of loading (see the conveyance. shipper may have to guess the age of the § 88.4(a)(3)(vii)). We require an owner-shipper equine. People use the teeth of an equine to determine its age, but, in most Owner-Shipper Certificate; certificate for each equine on the conveyance because the certificate cases, there are many variables such as Identification of Owner, Shipper, teeth grinding and diet that can affect Consignee, Vehicle provides a description of the equine. These descriptions can help us trace lost the accuracy of the assessment. Under proposed § 88.4(a)(3), the or stolen equines. Who Determines Fitness To Travel shipper’s name and address, and, if the One commenter stated that the owner- shipper is not the owner of the equines, shipper certificate should include the One commenter stated that studies the owner’s name and address, and a telephone number of the consignor have shown that the majority of injuries description of the conveyance, (shipper) and consignee’s (receiver/ to equines do not occur during transport including the license plate number, destination) businesses. or marketing but occur at the point of must be included on the owner-shipper We agree. There is a field for this origin, prior to transport, due to either certificate. information on the certificate, and we neglect or abuse. Several commenters One commenter stated that we should have added that requirement to provided examples of injuries that require the owner-shipper certificate to § 88.4(a)(3). equines exhibited upon their arrival at state the ultimate destination (city, a slaughtering facility that were State, and name of business) as well as Owner-Shipper Certificate; Description determined to have occurred at the any anticipated intermediate stopping of the Equine point of origin. These examples points to allow USDA and law As noted earlier, proposed included equines that were emaciated, enforcement personnel to intercept a § 88.4(a)(3)(ii) required the owner- had severe founder, broken legs, conveyance en route to a slaughtering shipper certificate to include a deformities, etc. Several commenters facility. This commenter also suggested description of the equine’s physical provided examples of injuries, such as that the expected driving route should characteristics, including such illness and broken limbs, that equines
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exhibited at sales or auctions and that veterinarian. One commenter stated that mares, foals of varying ages (up to 1 were caused by owners. The we should prohibit the transport of any year), and foals less than 600 pounds commenters stated that the equines equine with a known physical problem should not be transported to were shipped even though they were likely to cause collapse and that animals slaughtering facilities. unfit to travel. One commenter provided that are in immediate and severe Equines that are likely to give birth examples of people who have a history distress and determined unfit to travel during transport can develop serious of transporting injured equines, by an accredited veterinarian should be complications if they foal during transporting equines without water, or immediately and humanely euthanized. transport. In addition, the mare’s and transporting equines in conveyances One commenter stated that, at the foal’s well-being could be in danger. that are unsafe. A number of minimum, the regulations should Among other things, § 88.4(a)(3)(vii) commenters suggested that APHIS require that an equine bear weight states that an equine cannot be should regulate the care of equines prior evenly on all four limbs as determined transported if it is likely to give birth to loading. by a veterinarian. during the trip. If an owner/shipper This rule prohibits the commercial In § 88.4, paragraph (a)(3)(vii) thinks it’s possible that a mare is close transport to slaughter of equines that are prohibits the transport of equines that to delivering, the owner/shipper should not found fit to travel under are blind in both eyes. However, not put the mare on the conveyance. If § 88.4(a)(3)(vii). This rule also requires equines that are blind in one eye can be an owner/shipper transports a late-term that the equines be provided food, transported safely and humanely when pregnant mare that gives birth during water, and rest for the 6 hours correctly loaded and placed on the transport, the owner/shipper may be immediately prior to transport under conveyance. In addition, paragraph found in violation of the regulations. In § 88.4(a)(1). We believe that these (a)(3)(vii) requires that equines be able addition, the owner/shipper could be regulations will prevent most animals to bear weight on all four limbs, be able found to have falsified the owner- with point-of-origin injuries from being to walk unassisted, be older than 6 shipper certificate. We believe that, as moved to slaughtering facilities via months of age, and not be likely to give long as the mare is not likely to give commercial transportation. birth during the trip. These birth during transport, it can be safely requirements will, in most cases, transported. Criteria for Fitness To Travel prohibit the transport of equines that are As to the transport of foals to As noted above, we proposed to extremely ill or diseased, injured, or slaughtering facilities, § 88.4(a)(3)(vii) require a statement of the equine’s incapacitated. prohibits, among other things, the fitness to travel on the owner-shipper Two commenters stated that, to transport of equines less than 6 months certificate for each equine. Proposed ensure that equines are fit for travel, the of age to a slaughter facility. We believe § 88.4(a)(3)(v) (redesignated as owner-shipper certificate should be that foals older than 6 months of age, paragraph (a)(3)(vii) in this final rule) modified to state, ‘‘Horse is able to walk including those that weigh less than 600 stated that equines must be able to bear unassisted without physical prodding or pounds, can be transported safely and weight on all four limbs, be able to walk marked difficulty.’’ The commenters humanely if the foals are loaded in a unassisted, have sight in at least one stated that equines are often forced to proper manner. eye, be older than 6 months of age, and walk onto vehicles through the use of One commenter stated that mares not be likely to give birth during the whips, hard slaps, kicks, or other should not be taken from their foals and trip. devices and that ‘‘unassisted’’ is not shipped to slaughter if their foals are One commenter suggested that we defined and could be interpreted to under 4 months of age. remove the reference to a ‘‘statement of allow the use of whips, hard slaps, etc. We do not believe that it is necessary fitness to travel’’ because that language One commenter stated that an equine to prohibit the shipment of mares that implies that we are requiring untrained that cannot enter a conveyance under its will leave 4-month-old foals on the people to make a subjective own power should not be loaded. premises of origin. Foals are weaned determination. In § 88.4, paragraph (a)(3)(vii) states from 1 to 9 months of age, depending on We agree that, by itself, that phrase is that the equine must be able to bear the standard practice of the premises of subjective. However, the criteria for weight on all four limbs and be able to operation. Weaning is extremely making that determination are objective. walk unassisted. Unassisted means that traumatic at any age and could be in The phrase simply states the purpose of the equine must be capable of climbing direct proportion to the time the mare the criteria that the owner/shipper must a ramp or entering a conveyance with and foal spend together. From this consider prior to loading equines on a ease and under its own power. In standpoint, separating a mare from its conveyance. addition, § 88.4(c) states that the foal at 4 months may be less stressful for Several commenters objected to, or equines must be handled in a manner the mare and the foal than when the foal suggested changes to, the criteria. Some that does not cause unnecessary is older. stated that the proposed regulations discomfort, stress, physical harm, or Several commenters expressed would allow the shipment of blind trauma. concern that shoed equines, especially animals that are unable to defend One commenter stated that the owner- equines with shoes on their hind feet, themselves, board a conveyance, or shipper certificate should use language could injure other equines and said they travel without injury, as well as allow similar to performance-based standards, should not be transported. the transport of equines that are i.e., require that the equine arrive in a We are aware that equines can be extremely ill, diseased, injured, condition that meets the requirements of injured when kicked by other equines incapacitated, or not physically fit. One animal cruelty laws. that are wearing shoes. In addition, commenter stated that equines that We believe that a reference to animal shoes can be slippery in a conveyance exhibit obvious disease, injuries, or cruelty laws would not specifically if the proper flooring is not provided. As similar indications of ill health should address the needs of equines being stated previously, these regulations are not be transported unless they are being transported to slaughter. We believe that performance-based standards. We removed from a facility for humane our requirements are clear. believe that shoed equines may be destruction due to the disease or injury Many commenters stated that transported safely if the owner/shipper as determined by a certified pregnant mares, late-term pregnant takes proper precautions and, therefore,
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will not prohibit the transport of shoed for taping or wiring the mouths or that the horse’s condition, gender, and equines. However, the owner/shipper taping the eyes or nostrils of equines. size were taken into account in must ensure that equines are not injured We do not condone such practices. In positioning it in the vehicle. during transport. Any injuries that an fact, § 88.4(c) of the regulations requires We do not believe it is necessary to equine incurs during transport may the handling of equines in a manner that require a statement that the equine was result in the owner/shipper being found does not cause unnecessary discomfort, loaded under the supervision of the in violation of the regulations and stress, physical harm, or trauma to the owner/shipper. The owner/shipper subject to civil penalties as provided in equines. The educational program that must complete and sign the owner- § 88.6. we are developing will explain shipper certificate, so he or she must be One commenter stated that the appropriate techniques for the humane present. We do not believe that adding regulations will require owners to keep transport of equines to slaughtering a qualifying statement that the equine’s lame and debilitated equines or pay for facilities. condition, gender, and size were taken euthanasia rather than sell the equines into account when loading is necessary. to slaughter to salvage some value. Owner-Shipper Certificate; Date, Time, However, our educational program will The regulations pertain to those and Place of Loading include instruction on the proper individuals who meet the definition of Proposed § 88.4(a)(3)(vii) loading and offloading of equines, as owner/shipper. An individual or entity (redesignated as § 88.4(a)(3)(ix) in this well as how to position animals so that is exempt from these regulations if the final rule) stated that the shipper or smaller or thin equines or ponies are not individual or entity transports 20 or owner must indicate on the certificate harmed by larger equines. fewer equines to slaughtering facilities the date, time, and place the equines Another commenter also stated that or transports equines to slaughtering were loaded. the owner-shipper certificate should facilities incidental to his or her Two commenters stated that the include the name and address of the principal activity of production departure time should be noted and one shipper and the owner if the owner is agriculture. commenter stated that a third party not the shipper. Owner-Shipper Certificate; should verify the exact time and We do not believe that the owner has Identification of Special Handling location of loading. to be identified on the certificate if he We believe that the time each equine Needs or she is not the shipper. In most cases was loaded onto the conveyance is more where the owner is not the shipper, the Proposed § 88.4(a)(3)(vi) (redesignated essential than the time of departure shipper will have purchased the equines as § 88.4(a)(3)(viii) in this final rule) because, based on § 88.4 (b)(2), any from an auction/market. The records stated that the owner-shipper certificate equine that has been on the conveyance maintained at most auction/markets should include a description of for 28 consecutive hours, whether the include the identification and address of anything unusual with regard to the conveyance was in motion or not, must the owner of the equines should it physical condition of the equine, such be offloaded and provided appropriate become necessary to trace the owner. as a wound or blindness in one eye, and food, potable water, and the opportunity One commenter stated that funds any special handling needs. to rest for 6 consecutive hours. should be set aside for a pamphlet with One commenter stated that special We do not believe that a third party clear instructions on the proper handling needs means taping and should be required to verify the time handling of equines and completion of wiring horses mouths for the entire and location of loading. If an owner/ the owner-shipper certificate. journey, which are practices that should shipper falsifies the owner-shipper The educational program we are be prohibited. Many commenters stated certificate, the falsification may be a developing in conjunction with this rule that taping shut the mouths and/or eyes criminal offense that could result in a will provide guidelines for the humane of aggressive horses is inhumane and fine of not more than $10,000 or transport of equines to slaughtering should be prohibited. One added that imprisonment for not more than 5 years facilities, including instructions for taping the nostrils of equines should be or both. completion of an owner-shipper banned. One commenter stated that the certificate. meaning of special handling is not clear Owner-Shipper Certificate; Other and that we should remove those words Comments Segregation of Stallions and Aggressive from § 88.4(a)(3)(vi). This commenter One commenter stated that APHIS Equines questioned whether a determination by should require the owner-shipper Proposed § 88.4(a)(4)(ii) required that APHIS that an equine required special certificate to be legibly filled out in ink each stallion and any aggressive equines handling would override a different or typed and should prohibit script be segregated on the conveyance to opinion expressed on an owner-shipper writing other than for the signature. One prevent them from having contact with certificate. commenter stated that the departure any other equine on the conveyance. By special handling needs, we meant time should be written in ink. Many commenters expressed concern that an owner/shipper should provide We agree that the owner-shipper that our requirement for the segregation any information that should be taken certificate must be legibly completed. of stallions would encourage point-of- into account to ensure the safe and We are amending § 88.4(a)(3) to require sale castration. They recommended that humane transport of the equine. For the owner/shipper to type or legibly our rule be amended in some way to example, an owner/shipper could use provide in ink the information required discourage point-of-sale castration. One this space to indicate that an equine is on the owner-shipper certificate. If the commenter stated that the regulations blind in one eye, which would alert owner-shipper certificate is not legibly should not allow a stallion to be gelded those handling the equine to be cautious completed, the owner/shipper may be within 2 weeks preceding transport when handling the horse. We have assessed a civil penalty. unless it is segregated and accompanied slightly reworded the provision One commenter wanted the certificate by a signed and dated veterinary concerning special handling needs in to state that the equine was loaded certificate. this final rule to clarify what we mean. under the supervision of the owner/ We do not believe that the regulations Special handling needs should in no shipper. The commenter also requested need to address point-of-sale castration. way be interpreted to mean instructions that the certificate include a statement A recovery period of 21 days or more is
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necessary for the site of castration to The statute directs the Secretary to equine incurs during transport may heal. If an equine arrives at slaughter review, among other things, the result in the owner/shipper being found with a fresh and open wound, the segregation of stallions from other in violation of the regulations and equine’s value will decline, and the equines and such other issues as the subject to civil penalties as provided in owner/shipper will lose money. The Secretary considers appropriate. The § 88.6. main purpose for separating stallions healthier an equine is upon arrival at Floor Space the slaughtering facility, the more that (uncastrated male equines that are 1 equine is worth. In addition, stallions year of age or older) is that stallions are Proposed § 88.4(a)(4)(i) stated that retain their aggressive behavior for a known to be aggressive animals that are equines on the conveyance must be period of at least 30 days after easily provoked into attacking other loaded so that each equine has enough castration. Therefore, an owner/shipper equines. In line with protecting equines floor space to ensure that no equine is could not circumvent the requirement from aggressive behavior by stallions, crowded in a way likely to cause injury for segregating a stallion by performing we believe that any aggressive equine or discomfort. a point-of-sale castration because the should be separated from the other Several commenters stated that this equine would still be aggressive, and equines as set forth in § 88.3(a)(2). In requirement is vague and that aggressive equines must be segregated fact, one of the USDA-commissioned specifications for floor space should be from other equines in the conveyance. studies observed that the segregation of included in the regulations. One commenter stated that the number of Many commenters stated that equines stallions did not solve the entire equines carried should be equal to the should be segregated by size and/or sex, aggression problem. The study length of the compartment in feet several commenters added age, and one determined that aggressive geldings and divided by 4. One commenter suggested commenter added height and weight. mares had to be separated in the same a standard of 1.75m2/equine or One commenter stated that all equines manner as stallions. approximately 18 square feet per 14.2 hands or less should be shipped on The use of ‘‘aggressive’’ in the equine. Some commenters provided separate conveyances from larger regulations is in accordance with the further suggestions based on transit equines. One commenter stated that definition of the term ‘‘aggressive’’ found in various dictionaries. If an time, and/or the number, ages, and size thin, weak, and old horses should be of the equines. One commenter stated separated. equine attacks another equine for no apparent reason or kicks or bites another that a numerical density specification As stated previously, we designed equine without provocation, for should be provided and should be based performance-based standards to ensure example, we believe that equine should on scientific studies and practical that equines have sufficient space and be considered aggressive. The experience. One commenter stated that are protected from injury during educational program we are developing we should determine an average transport. We do not believe it is will provide guidance concerning numerical figure that is safe and necessary to spell out in the regulations aggressive equines. However, USDA acceptable for each vehicle type based exactly how this must be accomplished. representatives will be aware that some on research and require each vehicle to However, the educational program we equines that have not exhibited have a permanent tag affixed that are developing will show appropriate aggressive behavior on previous specifies the range or the number of ways to transport equines and will occasions may do so under certain equines/ponies that are acceptable to be address loading by size. It is worth conditions, and they will take into transported in the vehicle at one time. noting that, if an equine is extremely consideration that the owner/shipper One commenter stated that we should thin, weak, or old, the equine may not may not have had prior knowledge of determine the appropriate density of be fit to travel as required by the equines’ aggressive tendencies. equines for each vehicle-type, based on § 88.4(a)(3)(vii). Some commenters stated that mares studies conducted by Texas A&M and Some commenters stated that we with foals should be segregated from Colorado State University. Several should not require segregation of other equines during transport. We commenters stated that horse industry aggressive equines. One commenter believe that mares with foals may be standard for trailers is 8 to 15 horses stated that we may have gone beyond transported safely with other equines if and not the 40 to 45 that would be our authority under the statute to the owner/shipper takes proper permitted for slaughter transport. One require the segregation of aggressive precautions and, therefore, we will not commenter suggested a system in which equines, along with stallions. Several require the segregation of mares with equines may be transported at higher comments stated that it was unclear foal. The educational program that we densities during shorter trips, but at what we meant by ‘‘aggressive’’ or how are developing will show owners, lower densities for longer trips. This aggressiveness would be determined. shippers, and other stakeholders in the commenter stated that his studies and One commenter stated that it was not equine slaughtering industry experience indicate that slaughter-type clear who would be responsible for appropriate loading procedures and horses that are transported for 28 hours determining whether an equine is placement of equines in the conveyance. should be transported at a much lower aggressive. Two commenters expressed Several commenters stated that density than the industry average (13 to concern that an equine may not be equines with shoes on their hind feet 14 square feet per horse). aggressive during observation prior to should be segregated. We were directed by Congress to draft transport but may become aggressive As stated previously, these performance-based regulations wherever during transport. One commenter regulations are performance-based possible. Owner/shippers will have to suggested that we require segregation of standards. We believe that shoed load equines in a manner that will avoid any equine ‘‘that has been observed to equines may be transported safely with injury to the equines. Overcrowding in display aggressiveness toward other other equines if the owner/shipper takes a conveyance can cause animals to horses,’’ to give the shipper some proper precautions and, therefore, we bruise and sustain other injuries. This direction and protection if an equine will not require the segregation of shoed could result in the owner/shipper being that did not show aggressive behavior equines. However, the owner/shipper found in violation of the regulations and becomes aggressive when transport must ensure that equines are not injured being assessed a civil penalty. Owner/ begins. during transport. Any injuries that an shippers also have some market-based
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incentive to prevent injury to equines shipper must stop the conveyance and Many commenters opposed allowing during transport because bruised observe each equine at least once every 28 hours without water, and many carcasses command lower market 6 hours. The owner/shipper has the opposed allowing the transport of values. Our educational program will responsibility of locating an area where horses for 28 hours without food, water, help owner/shippers comply with the observation of the equines can be or rest. Most of these commenters stated performance-based standards. The performed safely and completely. that equines must be provided water, educational program will address many One commenter stated that food, and/or rest, and unloaded at times issues, including loading density and § 88.4(b)(2) should require veterinary ranging from every 4 to 24 hours or floor space. The educational program assistance as soon as ‘‘reasonably’’ reasonable intervals, and some added will be directed towards owners, possible. that the time for water, food, and rest shippers, and other stakeholders in the We believe that § 88.4(b)(2), as should be whether the vehicle is in equine slaughtering industry. worded, conveys an appropriate sense transit or stationary. Many commenters of urgency and does not require an stated that equines should not be Observation of Equines During owner/shipper to do anything without water, and some added food, for Transport unreasonable. Veterinary assistance time periods ranging 3 to 12 hours, and Proposed § 88.4(b)(2) stated that, must be provided as soon as possible to some added that water could be during transit to the slaughtering ensure the safe and humane transport of provided during the observation period. facility, the shipper must observe the equines in the conveyance. Also, in this Several commenters stated that studies equines as frequently as circumstances final rule, § 88.4(b)(2) requires owner/ have shown that equines suffer serious allow, but not less than once every 6 shippers to obtain the services of an and traumatic health problems from hours, to check the physical condition equine veterinarian for veterinary travel for periods under 28 hours, and of the equines and ensure that the assistance. We believe that an equine several commenters referenced 24 regulations are being followed. veterinarian will be better equipped hours. One commenter stated that the Proposed § 88.4(b)(2) also stated that than most other veterinarians to handle amount of time that equines are veterinary assistance must be provided equines. The educational program we deprived of water, food, and rest should as soon as possible for any equines in are developing in conjunction with this be reviewed by a qualified veterinarian obvious physical distress. regulation will provide participants to establish that fewer hours should be Many commenters stated that with a list of equine veterinarians specified. Several commenters stated observation of the equines every 6 hours within the United States and their that the standard of 28 hours was is insufficient. Some of these telephone numbers. determined primarily using young, commenters provided observation One commenter stated that the healthy horses, and that equines going ranges of every 2, 3, and 4 hours. One regulations should specify how equines to slaughter are not young or healthy. commenter stated that equines should that die in transit should be handled. Several commenters stated that the be observed the first hour and every 6 Our regulations are intended to USDA-commissioned studies did not hours after. One commenter stated that ensure that equines transported to take into account such variables as the equines should be observed each time slaughtering facilities are fit to travel age and condition of the equines, the the conveyance stops for a break or and, therefore, not likely to die in density of equines on the truck, and refueling, but not less than once every transit. However, in this final rule, temperature or other conditions. Some 6 hours, and that the equines must be § 88.4(b)(2) states that if an equine dies commenters, apparently thinking the 6- allowed to rest for no less than 30 in transit, the driver of the conveyance hour period of food, water, and rest minutes while the vehicle remains must contact the nearest APHIS office as prior to loading could occur at any time stopped. One commenter stated that the soon as possible and allow an APHIS prior to loading, expressed concern that phrase ‘‘not less than once every 6 veterinarian to examine the equine, and, equines could be without water for more hours’’ is misleading and that we should if an APHIS veterinarian is not than 28 hours if transport took 28 hours. replace it with the phrase ‘‘at least once available, the owner/shipper must Several commenters stated that we every 6 hours.’’ contact an equine veterinarian. should recommend a rest period of 8 We believe that the requirement Offloading of Equines After 28 Hours hours that is not included in the transit conveys the meaning that the equines length. are to be observed once every 6 hours Proposed § 88.4(b)(3) stated that In accordance with § 88.4(a)(1), an or more often. We provided a maximum during transit to the slaughtering owner/shipper must provide equines time of every 6 hours because we facility, the shipper must offload from appropriate food, potable water, and an believe that this is the maximum the conveyance any equine that has opportunity to rest for a period of not amount of time that equines should go been on the conveyance for 28 less than 6 consecutive hours without observation to ensure that none consecutive hours and provide the immediately prior to the equines being have fallen or have become otherwise equine appropriate food, potable water, loaded on the conveyance. Therefore, 28 physically distressed en route. However, and the opportunity to rest for at least hours would be the longest an equine § 88.4(b)(2) requires shippers or owners 6 consecutive hours. In addition, could go without being offered food and to observe the equines as frequently as proposed § 88.4(b)(3) stated that, if such water during transport to a slaughtering circumstances allow during transport, offloading is required en route to the facility in the United States. which would include during breaks slaughtering facility, the shipper must We based the requirements in from driving and refueling. prepare another owner-shipper § 88.4(b)(3) on the conclusions of the One commenter stated that we should certificate and record the date, time, and USDA-commissioned research, which clarify whether adequate observation location where the offloading occurred. was performed by veterinarians. In includes stopping the truck and Both owner-shipper certificates would addition, various times that horses climbing on the trailer in any weather then need to accompany the equine to could be without water were reviewed and lighting conditions to examine the the slaughtering facility. In this final by a panel of qualified veterinarians equines. rule, the requirement for completing a who established that the research was Observation of the equines by the new certificate if equines are unloaded valid. At least half of the USDA- owner/shipper means that the owner/ is at § 88.4(a)(4). commissioned research involved
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slaughter horses for comparison. In fact, timeframes in which food, water, and We believe that unloading after 28 one of the studies involved 306 horses rest should be provided to ensure that hours to provided food, water, and rest that ranged from 1 to 30 years of age, the last trip for equines being is appropriate based on the findings of and 33 percent of the horses were 16 transported to slaughter was a tolerable the USDA-commissioned research. years of age or older. one. The research was performed to Several commenters stated that Further, some of the research address the transport of equines to APHIS is not following the findings of simulated transport to slaughter under slaughtering facilities. Our results were the USDA-commissioned research varying situations. For instance, based on the most recent research, because APHIS indicated that equines straight-deck trucks were divided into which may have shown different results do not experience serious physiological compartments with four levels of than previous research by the same distress for 30 hours without water if density, and the equines were researchers. We based the requirements they have had access to water during the transported during the hottest part of for food, water, and rest on the 6-hour period prior to deprivation. the day during the summer. The conclusions of the research. The study It is true that we stated in the research also showed that frequent performed by Dr. Stull that was cited by proposed rule that the USDA- loading and unloading caused more the commenters regarding the commissioned studies showed that distress to equines than allowing the transportation of equines in hot and equines that had access to water in the equines to remain on the conveyance. humid conditions was performed to 6-hour period before deprivation One commenter stated that the USDA- determine the optimal conditions for the occurred did not experience serious commissioned research performed in transport of performance horses. physiological distress for up to 30 hours 1998 by Drs. Carolyn Stull, Ted Friend, It is true that Dr. Stull’s USDA- without further access to water. and Temple Grandin was developed to commissioned research study However, we believe that a 28-hour deny that water, food, and rest are basic concluded that trips longer than 27 maximum allowable timeframe for needs. Several commenters stated that hours could cause distress to equines; deprivation of food, water, and rest the research was biased and flawed and however, as stated in the proposal, we during transport to slaughter will allow that some of the researchers believe that 28 hours will allow for for realistic travel times from most contradicted their findings in previously realistic travel times from most points of points of the United States to the equine published studies and findings. One the United States to equine slaughtering slaughtering facilities and ensure that commenter cited a study by Dr. Stull facilities without the equines the equines will not undergo serious that recommended water every 6 to 8 undergoing serious physiological physiological distress. hours, if possible. Many commenters distress. In most cases, we believe One commenter stated that adequate stated that the USDA-commissioned equines will be transported from the study performed by Dr. Stull concluded water, ventilation, and feed must be point of loading to the slaughtering that trips longer than 27 hours showed provided because equines are often sold facility within 24 hours. effects in equines that were considered by the pound, and loss of weight during to be reliable stress indices and that It is true that the equines used in Dr. transport reduces revenue for the seller. injuries increased with travel times over Stull’s study were identified by In accordance with § 88.4(b)(3), the 27 hours. These commenters added that cooperating brokers and transport owner/shipper must offload from the Dr. Stull performed a study that drivers. Dr. Stull’s study required a large conveyance any equine that has been on concluded that transportation in hot, number of equines that were destined the conveyance for 28 consecutive hours humid conditions should attempt to for transport to slaughtering facilities. and provide the equine appropriate minimize thermal stress by frequently We believe that the identification of food, potable water, and the opportunity offering (every 4 to 6 hours) water to equines by brokers and drivers did not to rest for at least 6 consecutive hours. horses and limiting the duration of the have a significant impact on the results However, the owner/shipper may trip. These commenters and several of the study. provide appropriate food, potable water, others stated that Dr. Friend performed The nature of the research performed and rest to equines at any point during a study that concluded that tame horses by Dr. Grandin required her to have transit that it is safe to do so. in good condition could be transported access to the equines for examination. One commenter stated that we should for up to 24 hours before dehydration The premises were privately-owned recommend the offloading of equines and fatigue became severe; however, and, as a consequence, there had to be every 10 hours when drivers are they stated that the study was a certain level of cooperation with the required to stop and rest because drivers terminated after 24 hours because 3 of owners or management of the premises. are not allowed to drive for 28 hours the 30 horses were deemed unable to However, we do not believe that the straight. One commenter stated that continue and concluded that if horses level of cooperation affected the results equines should be provided water, food, must be transported more than 24 hours, of the study. and rest at each rest stop. the truck must be equipped with a Several commenters suggested that It is not clear whether the commenter watering device. One commenter stated providing water to equines en route, via was referring to each rest area long the that the study performed by Dr. Stull an onboard watering system, might be interstate or each time the driver stops was biased because she used horses in preferable to unloading equines after 28 for a rest. In some areas, rest stops can the study that were identified by hours because unloading and loading be with 30 to 60 minutes of each other, cooperating brokers and transport equines from a conveyance causes which could be an unnecessary burden drivers who had an interest in the stress. One commenter suggested that on the owner/shipper. Further, we do outcome of the study. Another loading equines at a reduced density not believe that it is necessary to require commenter also stated that people and watering enroute should be an the owner/shipper to provide the associated with the auction facility and alternative to unloading. One equines with food, potable water, and slaughtering facility used for Dr. commenter stated that each conveyance rest at every rest stop for the driver. Grandin’s study were made aware of the should contain at least 10 gallons of Drivers must stop periodically for study ahead of time. water for every 20 equines for personal and safety reasons. The timing We commissioned the performance of emergencies, in addition to the equine’s of these stops has nothing to do with the research to identify appropriate regular water supply. well-being of the equines.
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One commenter stated that equines unpredictable movement in horses. One Several commenters stated that should be offloaded at weigh and check commenter stated that the loading of § 88.4(d) should state ‘‘must’’ rather stations when crossing a State or equines should be monitored to ensure than ‘‘may.’’ Federal boundary so that the equines that prods are not used. We use ‘‘may’’ in § 88.4(d) because a can be inspected for injuries because One of the purposes of the regulations USDA representative may not be able to visibility is better compared to is to ensure that equines are transported examine all equines, inspect all observing the equines while they are in without unnecessary discomfort, stress, conveyances, or review all of the owner- the conveyance. physical harm, or trauma. Therefore, the shipper certificates. However, USDA Offloading equines at weigh and regulations prohibit the use of electric representatives are authorized by check stations could be a safety hazard prods, except in cases when human § 88.4(d) to inspect the equines and for the equines due to the presence of safety is threatened. We limited the use conveyances as the need arises, and other commercial vehicles that are not of electric prods to situations in which USDA representatives will collect all of involved with the transport of equines. human safety is threatened to decrease the owner-shipper certificates at In addition, weigh and check stations the potential that prods could be used slaughtering facilities. would have to be equipped with in abusive situations. We agree that One commenter stated that § 88.4(d) facilities that could provide food, water, there may be other equipment that can should require a USDA representative, and containment of equines. be used; however, they may not elicit a his or her designee, a weigh station or One commenter stated that the response quickly enough in a life or agricultural check point employee, or regulations are not clear whether the 28- death situation. The owner/shipper is other law enforcement personnel to hour rule includes the amount of time the entity who must make the enforce the requirements of the an APHIS official may spend examining determination of whether human safety regulations during transit as well as the equines. One commenter stated that is threatened. A USDA representative upon arrival at the slaughter facility. § 88.4(b)(3) should exempt time cannot be present in all areas that One commenter stated that we should required for inspection by USDA, State equines may be loaded for transport to clarify whether law enforcement or Federal law enforcement officials, or slaughtering facilities; however, if an officials can perform duties such as any other delay in the direct transport owner/shipper uses an electric prod inspect vehicles, conduct investigations, of the equines due to governmental or when human safety is not threatened examine the animals and seize and law enforcement interference with and evidence of that abuse is found, that impound the animals, if necessary. movement of the conveyance. Section 88.4, paragraph (b)(3), person may be found in violation of the Some commenters stated that there requires any equine that has been on a regulations. should be a provision that allows law conveyance for 28 consecutive hours to Many commenters stated that metal enforcement officials, State or Federal be offloaded and provided appropriate pipes and sharp or pointed objects employees, or inspectors to ensure an food, potable water, and the opportunity capable of piercing the skin should be owner or shipper’s compliance with the to rest for at least 6 consecutive hours. banned. Many commenters stated that regulations. We do not believe that amending no implement, device, contrivance, In a State that has its own regulations § 88.4(b)(3) to address delays due to law mechanism, apparatus, appliance, regarding the transport of equines to enforcement officials is appropriate. contraption, instrument, tool, or utensil slaughter, that State’s police or law Equines that have been on a conveyance should be allowed to be used, including enforcement personnel can enforce the for 28 hours need to be offloaded and for the control or restraint of the State’s regulations. The statute does not provided food, rest, and, most equines, that was not expressly and provide for Federal enforcement actions importantly, potable water, regardless of specifically designed for use on equines by State and local law enforcement the reason that they were on the and generally recognized as such. In personnel in State and local courts. conveyance for 28 hours. addition, several commenters stated that One commenter stated that equines only restraints considered humane should be shipped directly and Handling of Equines should be used. Two commenters stated expeditiously from the point of loading Proposed § 88.4(c) required the that, in addition to electric prods, whips to the slaughtering facility without handling of all equines in commercial or any other object that could cause stopping between the points for USDA transportation to a slaughtering facility injury or pain should be prohibited representatives to conduct to be done as expeditiously and except when human safety is directly examinations, which the commenter carefully as possible in a manner that threatened by an equine. stated could be potentially harmful and does not cause unnecessary discomfort, We cannot provide a list of all cause stress to the animals. This stress, physical harm, or trauma. implements that have been or could be commenter stated that the manner at Proposed § 88.4(c) also prohibited use of used on equines because of the number which the equines arrive at the electric prods on equines in commercial of possibilities; however, the use of any slaughtering facility should be transportation to a slaughtering facility implement that does not provide sufficient. for any purpose, including loading or equines with the care described in We believe that we need to be able to offloading on the conveyance, except § 88.4(c) should not be used and could check conveyances, equines, and when human safety is threatened. be a violation of the regulations. paperwork if we have any concerns that Many commenters stated that any use equines may be being transported in Examination of Equines at Any Point of electric prods should be banned or violation of the regulations. Every prohibited, and some of these Proposed § 88.4(d) stated that at any transport will not be subject to such an commenters stated that other equipment point during the commercial examination; however, if an is readily available if human safety is transportation of equines to a examination has to be conducted, the threatened. One commenter stated that slaughtering facility, a USDA USDA representative will consider the we should provide clarification as to representative may examine the welfare of the equines in the who determines when human safety is equines, inspect the conveyance, or conveyance and will not take more time threatened. One commenter stated that review the owner-shipper certificates than necessary to perform his or her use of an electric prod can elicit required by § 88.4(a)(3). duties.
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Direction to the Owner/Shipper To Take Retention of the Owner-Shipper must provide consent to the shipper to Action Certificate for 1 Year provide each equine access to Proposed § 88.4(f) stated that the appropriate potable water after being Proposed § 88.4(e) stated that, at any offloaded, but not food. time during the commercial individual or other entity who signs the owner-shipper certificate must maintain We believe that equines should be transportation of equines to a allowed access to both food and potable slaughtering facility, a USDA a copy of the owner-shipper certificate for 1 year following the date of water to maintain their well-being after representative may direct the shipper to signature. being transported without access to food take appropriate actions to alleviate the Several commenters stated that the and water, sometimes over great suffering of any equine. Proposed owner or shipper should retain a copy distances. The requirement in § 88.4(e) also stated that, if deemed of the owner-shipper certificate for a § 88.5(a)(1) is to ensure that the owner/ necessary by the USDA representative, minimum of 2 years, and some of these shipper notifies the proper officials of such actions could include securing the commenters stated that we should retain his or her arrival at the slaughtering services of a veterinary professional to a copy so that information is readily facility. We believe that most shippers treat an equine, including performing accessible to those who are attempting and owners will appropriately euthanasia if necessary. to trace lost or stolen equines. One communicate with the proper personnel Several commenters stated that commenter stated that there should be at the slaughtering facility without the § 88.4(e) should state that a USDA provisions for law enforcement and inclusion of the word ‘‘consent’’ in the representative ‘‘must,’’ ‘‘shall,’’ or State agencies to have access to the regulation. ‘‘should’’ direct the shipper to take owner-shipper certificates for One commenter stated that equines appropriate actions, and that such identifying and locating stolen or should be provided water every 4–6 actions ‘‘must’’ include securing the missing horses. hours where they are housed before services of a veterinary professional. We believe that requiring a 1-year slaughter. retention of the owner-shipper The statute only allows us to regulate We use ‘‘may’’ in § 88.4(e) because the transport of equines to a this provision authorizes a USDA certificates is adequate. If someone is attempting to trace a lost or stolen slaughtering facility. Once the equines representative to direct the owner/ arrive at the slaughtering facility and are shipper to take appropriate actions to equine, the investigation will more than likely take place within a few months of provided food, potable water after being alleviate the suffering of any equine offloaded in accordance with based on the representative’s assessment the disappearance of the equine. However, to improve the capability of § 88.5(a)(1), the equines are subject to of the equine’s condition. ‘‘Must’’ would tracing lost or stolen equines, APHIS the facility’s feed and water schedule. imply that such direction will be One commenter stated that § 88.5(a) plans to develop a database of the necessary in all cases. Similarly, we say should require the arrival of a information provided on the owner- that such action ‘‘could’’ include conveyance during regular business shipper certificates. If necessary, securing the services of a veterinary hours of the slaughtering facility and to information from the database could be professional because those services will require the shipper to ‘‘immediately’’ supplied to law enforcement or State not always be necessary. abide by the requirements set forth in agencies, when requested. One commenter stated that § 88.4(e) § 88.5(a). should state that the services of a Section 88.5 Requirements at a We do not believe that requiring shipments of equines to arrive at veterinary professional will be secured Slaughtering Facility slaughtering facilities during normal if ‘‘reasonably’’ available. Access to Food and Water After business hours would always be in the We believe that if a USDA Unloading best interests of the equines. It could, for representative directs the owner/ Proposed § 88.5(a)(1) stated that, upon instance, result in the equines being shipper, as provided in § 88.4(e), to arrival at a slaughtering facility, the kept on the conveyance for a longer time secure the services of a veterinary shipper must ensure that each equine than might otherwise be necessary. professional to treat an equine, the has access to appropriate food and We do not believe that adding veterinary professional should be potable water after being offloaded. ‘‘immediately’’ is necessary because, in secured as soon as possible. Two commenters stated that the most cases, the owner/shipper will One commenter stated that § 88.4(e) shipper should not be responsible for offload the equines and discharge his or should refer to a USDA representative providing food and water to equines at her responsibilities as soon as possible ‘‘or his or her designee.’’ In addition, the slaughtering facility. Both after arrival. commenters stated that the slaughtering this commenter stated that the Access to the Equines veterinary professional should be an facility should be the responsible party. Proposed § 88.5(a)(3) stated that, upon equine veterinary professional. One of these commenters stated that the shipper would not know the conditions arrival at a slaughtering facility, the We do not believe that § 88.4(e) needs at destination and, in most cases, would shipper must allow a USDA to indicate ‘‘his or her designee’’ not be the owner of the equines. representative access to the equines for because we define USDA representative We believe that the requirement in the purpose of examination. as any USDA employee authorized by § 88.5(a)(1) will ensure that the owner/ Several commenters pointed out that the Deputy Administrator, Veterinary shipper notifies the proper officials of USDA representatives are not available Services, APHIS, to enforce the his or her arrival at the slaughtering at slaughtering facilities on all days of regulations. However, we agree with the facility, and that the equines are the week or at all hours. One commenter commenter that § 88.4(e) should specify offloaded into an area where the stated that § 88.5(a)(3) should state that that the veterinary professional must be slaughtering facility can provide food management of the slaughtering facility an equine veterinarian. We have and potable water. must provide consent to a USDA amended § 88.4(e) to require the One commenter stated that representative to have access to the veterinary professional to be an equine § 88.5(a)(1) should state that the equines for the purpose of examination. veterinarian. management of the slaughtering facility The commenter also stated that
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§ 88.5(a)(3) should state that the absence their conveyances may be inspected by Any equine that is seriously injured or delay in arrival of the USDA a USDA representative. or nonambulatory upon arrival must be representative will not prohibit the provided veterinary assistance and may Owner/Shipper Remaining on Premises slaughtering facility from proceeding not be mistreated or left unattended. A with the slaughter of the equines during Proposed § 88.5(b) stated that the USDA representative will be available to its normal course of business. One shipper must not leave the premises of examine the equines upon their arrival commenter stated that if a USDA a slaughtering facility until the equines at the slaughtering facility during representative is not available prior to have been examined by a USDA normal business hours. In most cases, slaughter, an examination of carcasses representative. the USDA representative will be a for bruising or abrasions during One commenter stated that equine veterinarian; therefore, the USDA inspection could be used to assess slaughtering facilities should not have representative will be able to perform injuries incurred during transport to the their slaughter schedules dictated by euthanasia, if necessary. If an equine is slaughtering facility. One commenter APHIS. This commenter stated that nonambulatory, is seriously injured, or asked who a USDA representative is. § 88.5(b) should allow the shipper to is otherwise in obvious physical distress One commenter asked if full-time leave the premises of the slaughtering upon arrival and a USDA representative veterinarians would be assigned to the facility if a USDA representative does is not available (i.e., because of arrival slaughtering facilities to enforce the not appear to examine the equines of the equines at the slaughtering regulations. within 3 hours after they are offloaded facility outside of normal business A USDA representative will be from the conveyance. One commenter hours), § 88.4(b)(2) requires the owner/ available during normal business hours stated that drivers should not have to shipper to obtain veterinary assistance of the slaughtering facility to examine wait for the USDA representative and as soon as possible. We agree that the equines. This requirement, should be allowed to leave the premises equines that become nonambulatory therefore, should not cause any if an employee of the slaughtering should be euthanized. In this final rule, significant delays in slaughter facility is there to allow the USDA § 88.4(b)(2) provides that equines that operations. Also, most equines are representative access to the equines. become nonambulatory en route to a delivered during the hours of operation A USDA representative will be slaughtering facility must be euthanized of the slaughtering facility. Regardless of available for the examination of the by an equine veterinarian. Since we are when the equines arrive, we believe a equines and conveyances during normal requiring that euthanasia be performed USDA representative must be given business hours, and we believe it is by an equine veterinarian, we do not access to the equines prior to slaughter important for the owner/shipper to be believe that it is necessary to add that for the purpose of examination. present during these activities. euthanasia be performed in an approved A USDA representative may be any However, we agree that a driver who manner. employee of the USDA who is arrives at a slaughtering facility outside Transport of Equines Outside the United authorized by the Deputy of normal business hours should be able States Administrator, Veterinary Services, to leave the premises to eat or rest. Proposed § 88.5(c) stated that any APHIS, to enforce the regulations. The Therefore, § 88.5(b) of this final rule shipper transporting equines to employee could be an APHIS states that the owner/shipper must not slaughtering facilities outside the veterinarian, a Food Safety and leave the premises of a slaughtering United States must present the owner- Inspection Service (FSIS) employee, or facility until the equines have been shipper certificate to USDA any other USDA employee so examined by a USDA representative if representatives at the border. authorized. the owner/shipper arrives during One commenter stated that § 88.5(c) One commenter stated that normal business hours; however, if the does not state that a USDA inspector § 88.5(a)(3) should require equines to be owner/shipper arrives outside of normal will inspect the equines to determine inspected when they reach their business hours, the owner/shipper may whether they are fit to travel or whether destination. leave the premises but must return to the description on the owner-shipper In accordance with § 88.5(a)(3), a the premises of the slaughtering facility certificate matches the equines in the USDA representative must be given to meet the USDA representative upon conveyance. access to the equines for the purpose of his or her arrival. A USDA representative at the border examination; however, the USDA One commenter stated that § 88.5(a) will inspect conveyances carrying representative will use his or her should provide that all equines that are equines destined for slaughter outside discretion in determining which nonambulatory upon arrival should be the United States when he or she deems equines to inspect and the extent of any euthanized on the vehicle after all other it necessary. examination. equines have been unloaded and that euthanasia should be performed by a Section 88.6 Violations and Penalties Access to the Animal Cargo Area licensed and accredited veterinarian in Proposed § 88.6(a) stated that the Proposed § 88.5(a)(4) stated that, upon an approved manner. The commenter Secretary is authorized to assess civil arrival at a slaughtering facility, the stated further that if arrival of a penalties of up to $5,000 per violation shipper must allow a USDA veterinarian would cause time delays of any of the regulations in part 88, and representative access to the animal and suffering to the equine, the proposed § 88.6(b) stated that each cargo area of the conveyance for the regulations should provide that equine transported in violation of the purpose of inspection. euthanasia could be performed by a regulations would be considered a One commenter stated that trained individual using approved separate violation. § 88.5(a)(4) should require inspection of methods. In addition, the commenter Many commenters stated that the animal cargo area. maintained that the regulations should penalties for violation of the regulations Inspection of the animal cargo area provide that seriously injured or should be criminal instead of civil; may not be necessary in all cases. This downed animals may not be dragged, otherwise, law enforcement personnel requirement in § 88.5(a)(4) alerts owner/ hoisted, thrown, or left alone without will not be able to enforce them. Some shippers that the animal cargo area of medical intervention. commenters stated that laws must be
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enforced at auctions and feedlots, prior assessing civil penalties of up to $5,000 One commenter stated that, to a to loading. One commenter stated that per violation based on the legislative certain extent, injuries during transport § 88.6 should provide that a person who history of the statute and our experience are unavoidable and assessing civil knowingly violates the regulations shall, as a Federal regulatory agency. We penalties to commercial transporters upon conviction, be subject to believe that a civil penalty of up to may not be appropriate. This imprisonment for not more than 1 year $5,000 per violation is appropriate and commenter stated that civil penalties or a fine of $5,000, or both, and on will be effective in deterring should be designed to ensure conviction of a second or subsequent noncompliance with the regulations. compliance with the regulations and not offense, the person shall be subject to Among other things, this belief is based punish an industry for occurrences that imprisonment for not more than 3 years on our experience in enforcing the are beyond its control. or to a fine of $8,000, or both. Animal Welfare Act as amended (7 We understand that some injuries The statute does not allow the U.S.C. 2131 et seq.) and the Horse may not be avoidable; however, the Secretary to establish criminal penalties Protection Act, as amended (15 U.S.C. purpose of the regulations is to ensure for violations of the regulations. The 1821–1831), two other statutes whose the humane transport of equines to statute allows the Secretary to establish purpose is ensuring the humane slaughtering facilities. If shippers and and enforce appropriate and effective treatment of animals. The statement owners adhere to this rule, we believe civil penalties only. As previously concerning each equine transported in that many of the injuries that equines explained, the regulations pertain to violation of the regulations being a have suffered in the past will be equines transported to slaughter from separate violation also derives from the avoided. any point of loading, including statute’s legislative history and our One commenter stated that the auctions/markets and feedlots. experience as a regulatory agency. regulations do not allow truck drivers to One commenter stated that shippers We do not believe that we need to provide grounds for their defense as to should be subject to penalties as include a sliding scale or a minimum how the equines were injured. prescribed by county, State, or Federal fine. The amount of the civil penalty USDA will consider a trucker’s statutes or regulations. will be determined based on the severity explanation in determining whether a The regulations do not prohibit of the violation and the history of the violation has occurred. However, as counties or States from applying owner/shipper’s compliance with the stated in the proposal, if adjudication is penalties in accordance with their regulations. Procedures will be in place necessary, it will be conducted pursuant regulations if an owner/shipper violates to ensure consistent application of civil to the USDA’s ‘‘Uniform Rules of their regulations even if the amount of penalties. We also do not believe that Practice Governing Formal Adjudicatory the penalty is more than that provided we need to consider each day that a Proceedings Instituted by the Secretary in § 88.6(a). violation occurs as a separate violation. Under Various Statutes,’’ found at 7 CFR One commenter stated that civil We believe that considering each equine part 1, subpart H(7 CFR 1.130–1.151), penalties of up to $10,000 rather than transported in violation of the and the Supplemental Rules of Practice $5,000 should be assessed. One regulations as a separate violation is found at 9 CFR, part 70, subpart B (9 commenter stated that if a conveyance sufficient. CFR 70.10). The Rules of Practice carrying a load of equines is found to One commenter stated that § 88.6 establish, among other things, the have a sharp protrusion, a fine of $5,000 should provide that a person who procedures for filing a complaint and a per equine in the conveyance seems assaults, resists, opposes, impedes, response, settling a case, and holding a excessive, especially if an equine that is intimidates, or interferes with any hearing. Based on this information, any being transported caused the protrusion USDA representative or his/her agent in one who is cited for violating the by kicking the walls of the conveyance. performing an official duty pursuant to regulations will be provided an This commenter stated that a sliding the regulations should be assessed a fine opportunity to present his or her case. scale should be used that increases the of no less than $1,000 and up to $5,000. Many commenters stated that amount of the fine proportional to the There is a statute that provides enforcement of the regulations may be seriousness of the violation. This protection to all Federal employees (18 difficult because we use performance- commenter further stated that a sliding U.S.C. 111). The statute prohibits the based standards rather than engineering- scale would help the shipper know assault on any Federal employee. based standards. Some of these exactly what is expected of him/her, One commenter stated that APHIS commenters stated that Congress ensure that USDA representatives levy should provide that, for any person who directed the Secretary of Agriculture to the same fines for the same offense, and fails to pay a civil penalty, the Secretary employ ‘‘to the extent possible’’ provide credibility to the USDA during shall request the Attorney General to performance-based standards. One of any appeals process. One commenter institute a civil action in a district court these commenters stated that USDA stated that § 88.6 should provide that of the United States or other court of the tried performance-based standards with civil penalties will be progressive, with United States for any district in which § 3.81 of the Animal Welfare regulations the first offense receiving a written the person is found, resides, or transacts regarding primate psychological well- warning; the second offense a fine up to business, to collect the penalty, and to being, which led to confusion among $500 per violation; the third offense a provide that the court shall have entities that were affected by the fine up to $2,500 per violation; and the jurisdiction to hear and decide the regulations. fourth or subsequent offense a fine up actions. The conference report states that, to to the jurisdictional limit. One If an owner/shipper is unable to pay the extent possible, the Secretary is to commenter suggested that we provide a civil penalty, we can pursue payment employ performance-based standards for a minimum fine of $500. One through a payment plan or adjustment rather than engineering-based standards commenter suggested that each day a of the amount. However, if the case is when establishing regulations to carry violation occurs should be considered a not settled, a formal complaint may be out the intent of the statute and that the separate violation. filed. If a complaint is issued, the case Secretary is not to inhibit the In § 88.6(a), we state that the Secretary may go to a hearing. If a hearing is held, commercially viable transport of is authorized to assess civil penalties of the matter will be heard and decided by equines to slaughtering facilities. We up to $5,000 per violation. We proposed an administrative law judge. used performance-based standards
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rather than engineering-based standard The statute provides the Secretary with individuals may take a little less or a because they are the least intrusive the authority to assess only civil little more time than others to inspect method of regulating entities and are penalties for violation of the regulations. each equine and complete the owner- potentially less burdensome on One commenter stated that the shipper certificate. regulated entities. We will review and regulations do not address how we will Miscellaneous evaluate these standards once they are determine, other than by checking for a in place. If we determine that changes signed, properly timed and dated One commenter stated that the are necessary, we will publish another owner-shipper certificate, that the proposal does not cover equines that document in the Federal Register for intentions of the regulations are being belong to slaughtering facilities and that public comment. met and a violation of the regulations are transferred from a feeding facility One commenter stated that we will has not occurred. One commenter stated owned by the facility to the plant not be able to adequately enforce the that the proposed regulations were grounds. This commenter stated that the regulations because we do not require unclear as to what APHIS would do regulations are not clear as to whether persons transporting equines to when an owner-shipper certificate owner-shipper certificates are required slaughter to register with or apply for a appears to be in order but the equines to ship equines to a feedlot when the USDA license. This commenter stated arrive in poor condition or with injuries. equines will be eventually transported that individuals who are not in Several commenters stated that the for slaughter, and they are not clear as compliance could be threatened with regulations should state that any equine to whether a slaughtering facility has to suspension of their licenses rather than arriving in a condition that is complete owner-shipper certificates for assessment of fines, which could be noncompliant with the regulations will equines owned by the facility to viewed as the cost of doing business. be considered a violation, regardless of transport them from its own facilities or We do not believe that registration the information on the owner-shipper ranches to the slaughtering facility. with or a license issued by APHIS is certificate. The regulations pertain to any necessary. We believe that the civil The USDA representative at the individual or other entity that fits the penalties set forth in § 88.6 are sufficient slaughtering facility will have access to definition of the term owner/shipper. to ensure compliance with the both the equines and the paperwork Therefore, a slaughtering facility would regulations. accompanying them. If an equine arrives have to complete an owner-shipper One commenter stated that the at a slaughtering facility with an injury certificate and otherwise adhere to the regulations should provide for that was not recorded on the owner- regulations if it moves equines from its suspension of a hauler’s carrier shipper certificate or in a condition that own premises, such as a ranch or certificate, the operator’s commercial is evidence that the equine was not fit feedlot, to the slaughtering facility. driver’s license (CDL), and the to travel, the owner/shipper may be However, if equines arrive at a registration of the vehicle involved for found in violation of the regulations and slaughtering facility (defined as a not less than 90 calendar days from the may be assessed civil penalties as set commercial establishment that date of adjudication upon violations of forth in § 88.6. slaughters equines for any purpose) and the regulations. This commenter further the facility moves all or some of the stated that the hauler and consignor Paperwork Burden equines to its own feedlot or other should be jointly responsible for the One commenter stated that electronic premises, the slaughtering facility will maintenance of the animals that were in transmission of the owner-shipper not have to complete an owner-shipper the vehicle at the time of the seizure at certificate may not decrease the burden certificate or otherwise comply with the the seizing authority’s choice until a because the format must be regulations for that movement. The proper vehicle is provided for their standardized, and a ‘‘hard-copy’’ must slaughtering facility must, however, continued shipment. The commenter be made to accompany each equine. The complete an owner-shipper certificate also maintained that failure to post a commenter stated that the owner- and otherwise comply with the satisfactory bond or to pay the costs shipper certificate could be in book regulations when it transports the involved should result in forfeiture of form that is bound and supplied with a equines back to the slaughtering facility. the vehicle and load to the seizing duplicate-style copy so the owner/ One commenter stated that mileage authority as partial payment for costs shipper would have a copy of the calculations that we provided under the incurred by the seizing authority, which certificate that was given to APHIS. ‘‘Executive Order 12866 and Regulatory should retain all other remedies The owner-shipper certificate will Flexibility Analysis’’ section of the including civil suits and criminal consist of a multipart set that will proposal were based on the assumption prosecutions. The commenter also eliminate the need for the owner/ that shippers deliver to the closest stated that a second violation of the shipper to make copies of the form. available plant, which is not always the regulations or violation of any other One commenter stated that case. This commenter stated that jurisdiction’s animal transportation completion of the owner-shipper shippers deliver to the plant where they regulations should result in penalties certificate would take 2 to 3 minutes. have their contract or to the plant that applied per animal in the vehicle, Several commenters stated that is paying the most money. This without limit, and that a third violation completion of the owner-shipper commenter also stated that the proposal should result in a minimum 1-year certificate will take more than 5 minutes contended that shippers would have to suspension of certificates and CDL per per equine. One of these commenters share driving responsibilities with animal in the vehicle. stated that each equine must be another driver to meet the requirements, The statute does not provide the examined thoroughly, in addition to but the regulations do not require it. Secretary with the authority to suspend completing the certificate. We believe that barring unusual a hauler’s carrier certificate, the The estimated burden was based on circumstances, the overwhelming operator’s commercial driver’s license, discussions with owners and shippers majority of equines arrive at or registration of the vehicle if the of slaughter horses and the owner/ slaughtering facilities in 28 hours or operator violates these regulations. In operators of slaughtering facilities. The less. As to the use of two different addition, the statute does not give the estimated burden of 5 minutes was only drivers, we stated that drivers of equines Secretary authority to seize vehicles. an estimate. We are aware that some that originate at east or west coast
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locations could reduce the time equines 28 hours, we believe the benefits of truck will be sealed by the USDA spent on conveyances considerably by unloading the equines for rest, food, and representative and allowed to resume using two different drivers on long trips. water outweigh the disadvantages of transport to the slaughtering facility. However, this scenario was only an unloading and reloading. Also, owners One commenter stated that we should example for those drivers who can share or shippers could locate, in advance, obtain written agreements from Canada driving responsibilities with another appropriate facilities close to their and Mexico to ensure compliance with driver. If the driver of a conveyance will routes for unloading the equines. In the regulations for equines moving into require more than 28 hours to reach his addition, the educational program that those countries for slaughter. One or her destination, whether alone or we are developing will provide owners commenter stated that the regulations with a partner, he or she must abide by and shippers with information on the would allow travel time of 28 hours § 88.4(b)(3) and offload the equines from proper methods for loading and within the United States and additional the conveyance to provide them with unloading equines from a conveyance to travel time after entering Canada. This appropriate food, potable water, and the help ensure that injuries to equines do commenter stated that the regulations opportunity to rest for at least 6 not occur. should include travel time to the final consecutive hours before reloading One commenter stated that the destination in Canada because the them. regulations should apply as minimum locations of plants in Canada are One commenter stated that we should standards for all commercial haulers, established. require drivers to be certified by APHIS regardless of the origin or destination of For equines transported by as knowledgeable in equine handling the load. One commenter stated that the conveyance from a point inside the and humane treatment. regulations seem to state that if an United States to a slaughtering facility We do not believe this is necessary. equine is transported to a slaughtering outside the United States, the We believe that the regulations will help facility, the transportation is given regulations end at the border, where the ensure the humane movement of protection by Federal regulations; owner/shipper must present the owner- equines that are transported to however, if the animal is transported to shipper certificates. We do not have slaughtering facilities. If the equines are some other destination, the jurisdiction over movement of equines not handled or transported as required transportation can be performed without outside the United States. Although, we by the regulations, or if the equines are protection of these regulations. currently do not have an arrangement injured during transport, the owner/ We are unable to expand the scope of with Mexico, we have revised the shipper may be found in violation of the these regulations to include the owner-shipper certificate to include a regulations and assessed a civil penalty. transportation of equines to any field for a stamp to be administered by To assist drivers and others in meeting destination other than a slaughtering Canadian officials at slaughtering the requirements of the regulations, we facility. Congress authorized the facilities in Canada. The stamp will are preparing an educational program. Secretary to issue guidelines for the include the time and date of arrival and One commenter stated that the regulation of the commercial slaughtering facility. We can use this regulations should extend to agents of transportation of equines for slaughter information to verify the amount of time owners and shippers. This commenter by persons regularly engaged in that that equines have been on a conveyance suggested, ‘‘The act, omission, or failure activity. In addition, Congress clarified prior to leaving the United States. of an individual acting for or employed its intentions with regard to the statute One commenter stated that we must by the owner or shipper, within the through a conference report. The provide the public with the findings scope of employment, shall be conference report states, among other from USDA-commissioned research so considered the act, omission, or failure things, that the Secretary has not been the public can offer comment. Another of the owner or shipper as well as that given the authority to regulate the commenter stated that she could not of the individual.’’ routine or regular transportation of obtain copies of the research. We do not believe that we need to equines to other than a slaughtering Copies of the USDA-commissioned address agents. We believe that we have facility. research were and are available from the defined owner/shipper broadly enough One commenter stated that person listed under FOR FURTHER to cover anyone transporting equines to conveyances that enter the United States INFORMATION CONTACT. slaughtering facilities (except as from Canada are sealed by authorities in One commenter stated that an equine specifically exempted by the Canada, and that to meet the first aid kit that includes, among other regulations). requirement that equines must be fed, things, fly spray, rubbing alcohol, and a One commenter stated that the watered, and offloaded every 28 hours, hoof pick should be on the conveyance. regulations will result in increased the seals would have to be broken In addition, this commenter stated that transit time and more frequent loading during transport in the United States to at least one fire extinguisher should be and unloading of equines, which will comply with the regulations. on the conveyance and that the driver’s increase the possibility of exacerbating Few equines are transported from ability to use the fire extinguisher existing injuries or creating new ones. Canada into the United States for should be established by an APHIS We do not believe that the regulations slaughter purposes. However, if equines inspector. will result in an increase in transit time are transported from Canada into the We do not believe that it is necessary or loading and unloading in most cases. United States and must be offloaded in to require an equine first aid kit. If an As stated in the discussion under the United States to meet the equine is in physical distress, the ‘‘Executive Order 12866 and Regulatory requirements of part 88, the seals may owner/shipper is required, in Flexibility Act,’’ officials at two of the only be broken by a USDA accordance with § 88.4(b)(2), to have an U.S. equine slaughtering facilities, representative at an approved site for equine veterinarian provide veterinary including the largest facility, indicated offloading the equines. The owner/ assistance as soon as possible. Until that, barring unusual circumstances, the shipper must make arrangements with such assistance is available, the owner/ overwhelming majority of equines the APHIS office that is nearest to the shipper may be the only person in a already arrive at the slaughtering location where the equines must be conveyance, and attempts by the owner/ facilities in 28 hours or less. In cases offloaded. After the equines have had shipper to apply first aid, without where transport would take more than the prescribed rest, food, and water, the assistance, to an injured equine could be
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dangerous for the person and the containing live equines or to display a assembly points, and stockyards to equine. As to a fire extinguisher, the toll free USDA/APHIS telephone participate in the educational program. Federal Motor Carrier Safety number. Many conveyances transport Several commenters expressed Administration within the Department equines for purposes other than to concern that burdensome regulations in of Transportation requires commercial slaughtering facilities, and the Secretary the United States may lead to an motor vehicles used on a highway in has not been given the authority to increase in the shipment of livestock to interstate commerce to be equipped regulate the routine or regular countries where animal welfare is not a with a fire extinguisher when, in short, transportation of equines to other than consideration. One of these commenters the gross vehicle has a weight rating or a slaughtering facility. However, if and others stated that the regulations are gross combination weight rating, or someone witnesses inhumane treatment, not necessary and that effective gross vehicle weight, or gross we encourage the person to contact the enforcement of existing laws is combination weight, of 4,537 kg (10,001 nearest APHIS office or the proper local necessary. One of these commenters lb) or more; whichever is greater. We authorities. In addition, if a vehicle is stated that safeguards already exist for believe that most conveyances used for operating in an unsafe manner, the humane treatment of equines prior the commercial transportation of especially if human safety is threatened, to slaughter. One commenter stated that equines to slaughtering facilities meet the proper local law enforcement imposing additional humane shipping this weight threshold. authorities should be contacted. conditions on the industry will decrease Several commenters stated that a $400 One commenter stated that profits by increasing transportation disposal fee should be levied against an individuals who transport equines to costs. owner or shipper for every equine that veterinary facilities for treatment should Until this final rule becomes effective, arrives dead or in an unusable condition be exempt from the regulations that no specific standards exist that address to discourage owners from sending pertain to the health of the equines that the needs of equines transported to downed or dying horses to slaughter. are hauled. slaughtering facilities. We believe that One of these commenters stated that the The regulations do not pertain to the the regulations are the minimum disposal fee could be used to subsidize transport of equines to veterinary standards to ensure the humane long distance shipments of equines that facilities, only to the transport of movement of equines to slaughtering are made at reduced loading density. equines to slaughtering facilities. facilities via commercial transportation. Two commenters stated that the One commenter stated that USDA If equines are transported by regulations should establish a per does not have a program to identify conveyance from a point inside the equine fee of $5 to be levied upon an stolen equines that arrive at slaughtering United States to a slaughtering facility owner who sells an equine to slaughter. facilities. outside the United States, the owner/ One commenter stated that the $5 per APHIS will require an owner-shipper shipper will be required to meet the equine fee could be used to cover the certificate for each equine that is requirements of the regulations until the costs of administering and enforcing the transported to a slaughtering facility. conveyance reaches the U.S. border. In regulations, and another commenter The USDA representative at the addition, this rule allows us to assess stated that the fee could be used to slaughtering facility will collect the civil penalties for those individuals who provide rewards for information leading certificates. In addition, the owner/ are not in compliance. to documentation of violations of the shipper must maintain a copy of the Under the heading, ‘‘Executive Order regulations. certificate for 1 year. We will maintain 12866 and Regulatory Flexibility Act,’’ We believe that the regulations will information from the completed we estimate that this rule will increase help ensure that equines that are certificates in a database that can help operating costs for owners and shipped to slaughtering facilities are fit us trace lost or stolen equines. commercial shippers who transport to travel. However, we do not have One commenter stated that equines to slaughtering facilities by an authority to assess a disposal fee and/or proficiency testing (written and skills) amount somewhere between $300 and a $5 fee per equine. for those engaged in the commercial several thousand dollars annually for an One commenter stated that we should transport of equines should be required entity that transports 500 equines per not allow dogs to be used to herd because it is impossible to determine year. However, we added that the data equines for breeding. whether the persons targeted (e.g., suggested that the economic If someone wishes to use dogs to herd drivers of the conveyances) are reading consequences for most entities would equines into a conveyance, the equines and understanding the educational fall somewhere near the minimum point must be handled in a manner that does materials. One commenter stated that an on the impact scale because many not violate the regulations, including educational component should be entities are already in compliance with those in § 88.4(c). In § 88.4, paragraph included in the regulations to ensure at least some of the rule’s provisions. (c) states that handling of all equines in that all affected parties are informed of One commenter stated that the USDA commercial transportation to a the new regulations. One commenter does nothing to prevent the shipment of slaughtering facility shall be done in a stated that APHIS must put effort diseased animals for human manner that does not cause unnecessary toward educating inspectors at feedlots, consumption. discomfort, stress, physical harm, or assembly points, or stockyards because FSIS has regulations that provide for trauma. shippers and owners already know how the antemortem and postmortem One commenter stated that all to properly transport equines. examination of equines to ensure that conveyances that contain live animals We do not think that a proficiency test equines with certain diseases are not should be so labeled and that a toll-free is necessary. We are developing an slaughtered or used for the purposes of USDA/APHIS telephone number should educational program that will include a human consumption. be displayed for the public to call if a video, guidebook, and workshops. The One commenter stated that all horses vehicle is operating in an unsafe manner program will be directed towards shipped for slaughter should have a or a dangerous or inhumane treatment is owners, shippers, and others in the negative Coggins test performed within witnessed. equine slaughtering industry. We will 6 months of transport due to possible We do not believe that we should also provide opportunities for zoonosis and also because horses are require a conveyance to be labeled as individuals who work at feedlots, transported near highways and pass
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horses on private farms and could pose The summary only serves as a brief the CFR, are designed to help ensure the a disease risk. One commenter stated description of the document and is not humane transport of equines to that Coggins tests are required for horses intended to prove a point or argue a slaughtering facilities. The regulations that enter or exit Pennsylvania. case. cover, among other things, food, water, A Coggins test is the common name Two commenters stated that proposed and opportunity for rest; space on the for the agar gel immunodiffusion test rules should be made available to conveyance; segregation of stallions and used for the diagnosis of equine everyone, and one commenter stated other aggressive equines; completion of infectious anemia (EIA). The purpose of that APHIS should disclose them to the an owner-shipper certificate; and this rule is to provide for the humane media, especially the press. prohibitions on the movement of certain transport of equines to slaughtering All proposed rules are published in types of equines as well as on the use facilities. Other regulations are the Federal Register, which satisfies the of electric prods and conveyances with concerned with the potential legal requirements to notify the public. animal cargo spaces divided into more transmission of disease, including 9 In addition, APHIS makes all of its than one stacked level. CFR part 75, which restricts the proposed rules available on the Internet This rule pertains almost exclusively interstate movement of horses that are at http://www.aphis.usda.gov/ppd/rad/ to the commercial transportation of positive to a test for EIA. Also, all States webrepor.html and advises various slaughter horses because horses account require a Coggins test for equines media through distribution of press for almost all equines slaughtered in the entering the State. At this time, there is releases. United States. Equines are generally no evidence that EIA can be contracted Two commenters stated that they slaughtered for their meat, which is sold by humans through the consumption of must pay taxes on transactions that for human consumption, primarily meat from an equine infected with EIA. involve horses, but entities involved in outside the United States. From 1995 However, equines infected with EIA are the transportation of horses to slaughter, through 1997, an average of 100,467 not allowed to be used for human including slaughtering facilities, do not. equines were slaughtered annually in consumption. The transmission of EIA Many commenters stated that they were federally inspected U.S. slaughtering infection from equines on a conveyance opposed to the slaughter of equines. facilities. At the current time, there are to equines on farms that are passed by One commenter stated that, rather than three slaughtering facilities that accept the conveyance is a low risk and highly slaughter horses, zoos should be equines in the continental United unlikely because a number of factors established or States zoned to hold the States: Two are located in Texas (Ft. have to be present, such as presence of horses. These comments are outside the Worth and Kaufman), and one is in tabanidaes (horse flies) and high viremia scope of this rulemaking. Illinois (DeKalb). In 1996, the United in the infected equine. Therefore, for the reasons given in the States exported 38 million pounds of Several commenters stated that all proposed rule and in this document, we horse, ass, and mule meat, with a value meetings regarding the statute were not are adopting the proposed rule as a final of $64 million. Of the total volume open to all interested parties. One rule, with the changes discussed in this exported in 1996, 29 million pounds, or commenter stated that, contrary to the document. In addition, we are making 76 percent, was exported to Belgium statements in the proposal, consensus minor, nonsubstantive, editorial and France. Slaughter equines represent was not reached on the proposed changes in the rule for clarity. a variety of types, and they come from regulations, and certain humane a variety of sources, including working Executive Order 12866 and Regulatory organizations opposed the regulations. ranches, thoroughbred racing farms, and Flexibility Act We did not state in the proposed rule pet owners. Equines are usually that the proposal was a consensus-based This rule has been reviewed under slaughtered when they are unfit or document. We stated that, prior to Executive Order 12866. The rule has unsuitable for riding or other purposes. drafting the proposed rule, APHIS been determined to be significant for the representatives established a working purposes of Executive Order 12866 and, Economic Effects of the Rule on Owners group that included participants from therefore, has been reviewed by the and Commercial Shippers other parts of the USDA, including FSIS Office of Management and Budget. The ‘‘path’’ from source supplier and the Agricultural Marketing Service. In accordance with 5 U.S.C. 604, we (farmer, rancher, pet owner, etc.) to In addition, APHIS attended two have performed a final regulatory slaughtering facility can vary. However, meetings regarding the statute that were flexibility analysis for this rule, which the most common scenario and the one hosted by humane organizations and is set out below. Our discussion of the used for the purpose of this analysis is attended by representatives of the anticipated economic effects of this rule as follows: The source suppliers equine, auction, slaughter, and trucking on small entities also serves as our cost- transport their equines to local auction industries and the research and benefit analysis under Executive Order markets, where the equines are sold to veterinary communities. At these 12866. persons who purchase the equines for meetings, we had an opportunity to This rule is intended to fulfill a the specific purpose of selling them to listen to diverse opinions. We have responsibility given to the Secretary of a slaughtering facility. (Hereafter, for the relied on the proposed rule and public Agriculture in the 1996 Farm Bill. purposes of this final regulatory comment period to obtain comments Sections 901–905 of the 1996 Farm Bill flexibility analysis, we will refer to from all interested persons. (7 U.S.C. 1901 note) authorize the persons who sell equines for slaughter One commenter stated that APHIS Secretary of Agriculture, subject to the as ‘‘owners’’; however, in some cases, should remove ‘‘minimum’’ in the availability of appropriations, to issue the owners use agents to conduct some summary in reference to the standards guidelines for the regulation of the aspect of the business of purchasing the to ensure the humane movement of commercial transportation of equines equines and transporting and selling equines to slaughtering facilities. This for slaughter by persons regularly them to slaughtering facilities. We will commenter also added that the engaged in that activity within the use the term ‘‘owners’’ to refer to either summary should be revised to state United States. In both fiscal years 1998 the actual owners or their agents.) The ‘‘humane movement and treatment of and 1999, $400,000 was made available owners consider price lists published by equines to slaughtering facilities via to administer this law. The regulations, the slaughtering facilities for equines commercial transportation.’’ which appear as a new part in title 9 of (the price varies in relation to the
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weight of the equine and the quality of the full 6-hour period prior to loading. fewer equines per conveyance, the the meat), transportation costs, and For these reasons, it can be assumed shippers should not be affected because profit requirements to establish the that the owners, not commercial they typically charge owners a flat rate maximum prices that they will pay for shippers, would be responsible for to transport equines to slaughtering equines at local auctions. Because the fulfilling the preloading requirements of facilities regardless of the number of owners cannot usually purchase enough this rule. In addition, the owners are equines on the conveyance. For owners slaughter-quality equines at any one more likely than commercial shippers to who use their own vehicles for auction to make it economically feasible have the facilities necessary to meet the transportation, fewer equines per to ship the equines directly from the preloading requirements. conveyance translates into increased auction site to the slaughtering facility, This requirement is unlikely to costs. As an example, assume that it the owners transport the equines back to impose a hardship on affected entities. costs an owner $1,850 ($1.85 per mile— their own farms or feedlots, usually While in the possession of the owners, a representative average rate for nearby, where the equines are stored equines are usually housed on farms or commercial shipment of slaughter until such time as the owners can in feedlots, where they have access to equines—times 1,000 miles) to transport accumulate more equines from other food, water, and rest. Owners have an a truckload of equines in the person’s auctions. Double-deck livestock trailers, incentive to provide equines awaiting own conveyance. Assume also that, as a which are the types most often used for transport to a slaughtering facility with result of this rule, the owner could ship transporting equines to slaughtering food, water, and rest because only 35 equines in a particular facilities, can carry up to about 45 malnourished equines have a reduced shipment, 3 fewer than the 38 that equines each; single-deck trailers can slaughter value and dead equines have would have been shipped had the rule carry up to about 38 equines each. no slaughter value. Furthermore, most not been in effect. Using that data, the When enough equines have been equines are stored on farms or in owner’s transportation costs on a per- accumulated to comprise a shipment, feedlots for 6 consecutive hours or more equine basis for that particular shipment the owners transport the equines to the because it usually takes at least that long would increase by 8.6 percent, from slaughtering facility. Although owners for owners to accumulate enough $48.68 to $52.86. The owner would who ship 2,000 or more equines to equines to fill a conveyance. At most, incur similar costs if the owner secured slaughter per year are not uncommon, the rule would result in owners having the services of a commercial shipper. most owners ship far fewer than that to keep their equines in a farm or feedlot This rule will require that any equine number. In an estimated 75 percent of for an additional 6 hours to fulfill the that has been on the conveyance for 28 the cases, owners hire commercial preloading requirements for the last consecutive hours or more without food, shippers to move the equines to the equines needed to fill a conveyance. water, and the opportunity to rest be slaughtering facilities; in the remaining This worst-case scenario assumes that offloaded and, for at least 6 consecutive estimated 25 percent of the cases, the ‘‘last-in’’ equines have not had the hours, provided with food, water, and owners transport the equines to required preloading services prior to the opportunity to rest. This rule will slaughter in their own conveyances. their acquisition by the owners. If the also require that each equine be Therefore, the regulations will apply last-in equines have had those services, provided with enough space on the both to owners of equines destined for then the owners would be able to load conveyance to ensure that no animal is slaughter and to commercial shippers them onto the conveyance immediately. crowded in a way likely to cause injury who transport such equines to For example, owners might be able to or discomfort. Finally, this rule will slaughtering facilities. We estimate that stop at an auction en route to a require that stallions and other approximately 200 owners and slaughtering plant and pick up their aggressive equines be segregated from commercial shippers will be affected by last-in equines. each other and all other equines on the this rule. Based on the average number We cannot estimate the precise dollar conveyance. of equines slaughtered in the United effects of this requirement because no Available data suggest that the ‘‘28- States per year (approximately 100,000) hard data is available on the prevalence hour rule’’ should not pose a problem and on the estimated number of of slaughter equines receiving the for the vast majority of slaughter equine potentially affected owners and required food, water, and rest prior to transporters. Officials at two of the U.S. commercial shippers (approximately loading. However, for the reasons stated equine slaughtering facilities, including 200), the average number of equines above, the economic effects would be the largest facility, indicate that, barring transported annually to slaughter per minimal. Storing equines in feedlots unusual circumstances, the affected entity would be 500. costs about $2 per day per animal. (This overwhelming majority of equines arrive This rule will require that, for a amount is the typical rental rate for a at the slaughtering facilities in 28 hours period of not less than 6 consecutive pen, which includes food and water.) If or less. Indeed, there is reason to believe hours immediately prior to the equines an owner had to store a truckload of that few equines actually fit the ‘‘worst- being loaded on the conveyance, each equines (assume 38) for a full day, the case’’ scenario in terms of travel equine be provided access to food and cost would be $76. The cost for storing distance—equines transported from the water and the opportunity to rest. As 500 equines (the estimated average east or west coasts to the slaughtering indicated above, the owners generally number of equines shipped annually to facilities, which are all located in the have possession of the equines slaughter per affected entity) would be central part of the United States. immediately prior to their being loaded $1,000. Equines on the east coast, at least from onto conveyances for transport to This rule will require that owners or the State of Maryland northward, as slaughtering facilities. In those cases commercial shippers sign an owner- well as those on the west coast and in where the owners hire commercial shipper certificate for each equine being the States of Montana and Idaho, are shippers, the latter do not take transported to a slaughtering facility. usually transported to Canadian possession of the equines until they are Among other things, the owner-shipper slaughtering facilities. (For example, the loaded onto the conveyance. certificate will include a statement that slaughtering plant at Massueville, Furthermore, when commercial the equine has received the required Quebec, is about 100 miles from the port shippers are hired, they are normally preloading services. If, as a result of this of entry at Champlain, NY. For not in the presence of the equines for requirement, commercial shippers load transporters in the northeastern part of
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the United States, the Massueville plant is not likely to have a significant impact. not incur a cost for obtaining the is closer than any of the U.S. plants.) Available data suggests that such backtags, which are available free of Furthermore, even for equines that do segregation is already common practice. charge from a variety of sources. The originate at east and west coast Owners have an incentive to make sure backtags are adhesive and are attached locations, the time spent on that aggressive equines are segregated simply by sticking them on the equine’s conveyances is reduced considerably by because equines that arrive at the back, so owners will not incur the common transport practice of using slaughtering facilities injured as the installation costs. two different drivers on long trips. This result of biting and kicking en route The added administrative costs that practice allows the equines to be command lower market values. The owners will incur as a result of having transported virtually nonstop because segregation of equines requires that to complete and sign the owner-shipper one person can drive while the other transporters spend more time and effort certificate is difficult to quantify. rests, thereby avoiding federally during loading, but that added time and Assuming that it takes 5 minutes to mandated rest periods that apply in a effort is considered to be relatively complete each certificate, an owner who single-driver situation. Assuming an minor. Nor should most transporters ships 500 equines to slaughter annually average speed of 55 mph and two have to buy special equipment, because will have to spend about 42 hours per different drivers, and allowing 11⁄2 livestock trailers usually come equipped year complying with the rule. Assuming hours for loading and 2 hours for with devices, such as swing gates, that a labor rate of $7 per hour, the 42 hours refueling and meal stops, even a trip as permit animal segregation. As a final translates into added costs of about $300 long as 1,300 miles would take only point in this regard, relatively few per year. For reasons explained earlier, about 27 hours. stallions are transported for slaughter. the added administrative costs for If equines do have to be offloaded for USDA personnel stationed at two of the commercial shippers will likely be less feeding, rest, etc., while en route to a slaughtering facilities estimate that no than those for owners. slaughtering facility, transporters would more than about 5 percent of the This rule will allow the use of electric incur additional costs. As stated equines arriving for slaughter are prods only in life-threatening situations previously, pens can generally be rented stallions. and will prohibit the transport of at a rate of about $2 per day per equine. This rule will require that an owner- equines to slaughter on conveyances (The rent for a 6-hour period is shipper certificate be completed for divided into more than one level, such unknown but, presumably, it would be each equine prior to departing for the as double-deck trailers, 5 years after less than the full-day fee.) In addition to slaughtering facility. The certificate publication of this final rule. The the pen rental fee, transporters would must describe, among other things, the restriction on the use of electric prods have to spend time unloading the equine’s physical characteristics (color, should not pose a burden because equines. Also, they may have to: (1) sex, permanent brands, etc.), and it must effective, low-cost substitutes are Adjust routes and schedules to find show the number of the animal’s USDA available for use in non-life-threatening pens to accommodate the equines; (2) backtag. It must also certify the equine’s situations. For example, fiberglass poles wait while they are being serviced; and fitness to travel and note any special with flags attached, which cost only (3) reload them after they have been care and handling needs during transit about $5 each, are considered to be an serviced. These activities would add to (e.g., segregation of stallions). An equine effective alternative to electric prods. the cost of servicing equines at will be fit to travel if it: (1) Can bear Any current use of electric prods by intermediate points. weight on all four limbs; (2) can walk transporters of slaughter equines This rule will also require that, during unassisted; (3) is not blind in both eyes; probably derives from the traditional transport, equines must be provided (4) is older than 6 months of age; and use of these devices to assist in moving with enough space to ensure that they (5) is not likely to give birth in transit. other livestock, such as cattle and are not crowded in a way that is likely Affected entities will not need the swine. to cause injury or discomfort. One services of a veterinarian in order to The retail cost of a new double-deck source of injury and discomfort, double- make the fitness-to-travel determination. livestock trailer averages about $42,000; deck trailers, will be banned in 5 years. This rule will require that either the single-deck trailers retail for about (See ‘‘Alternatives Considered,’’ below, owners or the commercial shippers sign $38,000 each. The cost varies depending for a discussion of why we selected a 5- the certificate and that the owner- largely on the model, type of year phase-in period rather than a shipper certificate accompany the construction, and optional features. The shorter time.) Overcrowding can also equine to the slaughtering facility. useful life of the trailers also varies, occur in single-deck (also called This requirement for an owner- depending on such factors as the weight straight-deck) trailers, which are used to shipper certificate will create additional and type of animals hauled and the transport equines to a lesser extent than paperwork for both owners and needed frequency of cleaning. It is not double-deck trailers. The requirement commercial shippers. As with the other uncommon, however, for trailers of both concerning adequate space could preloading services discussed above, it types to provide 10 to 12 years’ worth translate into fewer equines per is reasonable to assume that the of useful service. conveyance. As stated previously, responsibility for providing the data on As discussed previously, double-deck commercial shippers typically charge the certificate will generally rest with trailers can carry more equines than owners a flat rate to transport their the owners, not the commercial single-deck trailers, and some owners equines, so the possibility of fewer shippers. The owners have possession and shippers will be negatively affected equines per shipment should not result of the equines prior to departing for the by the reduction in the numbers of in less revenue for commercial shippers. slaughtering facility and presumably are equines that could be transported in a For owners, however, fewer equines per more qualified to provide the data single conveyance. Upon publication of conveyance translates into increased required by the owner-shipper this rule, shippers using floating-deck costs, regardless of whether the owners certificate. It is also reasonable to trailers to transport equines to hire commercial shippers or use their assume that the responsibility for slaughtering facilities will need to own vehicles for transportation. obtaining and installing the USDA collapse the decks so that they create The requirement that aggressive backtag will be theirs, not the only one level. Conveyances divided equines be segregated during transport commercial shippers. The owners will permanently into more than one stacked
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level can be, and are, also used to and commercial shippers are engaging discussed above, the entities that will be transport commodities other than in little or no voluntary compliance affected by this rule are owners and equines, including livestock and with the requirements. commercial shippers who transport produce. In fact, it is estimated that equines to slaughtering facilities and the Economic Effects of the Rule on Horse double-deck trailers in general carry slaughtering facilities themselves. Slaughtering Facilities equines no more than about 10 percent As stated previously, we estimate that of the time they are in use. Upon effect Up to this point, the discussion in this approximately 200 entities will be of the ban, commercial shippers who final regulatory flexibility analysis has affected by this rule, most of whom are transport equines to slaughtering centered entirely on owners and owners and commercial shippers. facilities could use their double-deck commercial shippers, who represent the Although the sizes of these entities are trailers to transport other livestock and bulk of the entities affected by this rule. unknown, it is reasonable to assume produce. Owners who use their own However, the rule will also impact the that most are small by U.S. Small double-deck trailers to transport equines three horse slaughtering facilities Business Administration (SBA) to slaughtering facilities will have to currently operating in the continental standards. This assumption is based on find another use for the equipment or United States. While the deferral of the composite data for providers of the same trade them for single-deck trailers. effective date for the prohibition on and similar services in the United Owners should be able to sell their double-deck trailers will allow them States. In 1993, there were 30,046 U.S. serviceable trailers at fair market value time to respond to the expected decline firms in Standard Industrial to transporters of commodities other in the number of transporters willing to Classification (SIC) 4213, a classification than equines. Furthermore, some of the haul horses to slaughter, these category comprising firms primarily double-deck trailers now in use by slaughtering facilities will nonetheless engaged in ‘‘over-the-road’’ trucking owners will need to be taken out of be affected because they will experience services, including commercial service within the next 5 years anyway lost business as a result of that expected shipping. The per-firm average gross as the result of normal wear and tear decline. Some transporters will choose receipts for all 30,046 firms that year and could be replaced by single-deck to keep their double-deck trailers and was $2.6 million, well below the SBA’s trailers. carry other commodities (i.e., other than small-entity threshold of $18.5 million. In conclusion, we do not anticipate equine) because in their locations it is Similarly, in 1993, there were 1,671 U.S. that any of the requirements will have more lucrative for them to do so. Other firms in SIC 5159, a classification undue onerous economic effects on any transporters will likely find that it is not category that includes horse dealers. Of affected owners or commercial shippers. cost effective to haul horses long- the 1,671 firms, 97 percent had fewer We believe that many transporters of distance in conveyances that have a than 100 employees, the SBA’s small- slaughter equines may already be in smaller capacity, i.e., straight-deck and entity threshold for those firms. compliance with many of the goose-neck trailers. This rule will result in increased costs requirements. The requirement for an The slaughtering facilities will also for affected entities, large and small. As owner-shipper certificate will affect all experience increased hauling costs over indicated above, operating costs will transporters of slaughter equines, but we time, because transporters that continue increase somewhere between about have designed the form to make its to ship horses to slaughter will be forced $300 and several thousand dollars preparation as easy as possible. We do to do so in smaller conveyances. The annually for an entity that transports not believe that the completion and hauling cost that slaughtering facilities 500 equines per year. However, the maintenance of these certificates will be pay to acquire each horse will increase, available data suggests that, for most unreasonably time-consuming or because the number of horses per load entities, the economic consequences burdensome. As stated previously, the (being hauled the same distance) will be will fall somewhere near the minimum proposed ‘‘28-hour rule’’ should not reduced but the hauling cost per load point on the impact scale because, as pose a problem for the vast majority of will remain the same. Officials at one stated previously, many are already in slaughter equine transporters, and the U.S. slaughtering facility indicate that compliance with at least some of the ban on double-deck trailers should not commercial shippers currently charge a rule’s provisions, such as stallion have a significant economic effect on hauling fee of $1.65 per mile if they segregation. Because we did not have owners or commercial shippers because have a return load, and $2.25 per mile enough data to conclude that even a cost these trailers can be used for other if they return empty, regardless of the increase of as low as $300 annually will purposes and will need to be replaced type of conveyance used. For a trip of not be significant for most of the anyway within the next 5 years and 1,000 miles at $1.65 per mile, the potentially affected entities, we could be replaced with a single-deck facility’s hauling cost per horse is requested public comment on the trailer. $36.67 with a double-deck trailer and potential economic impact of the At a minimum, the rule will require $43.42 with a straight-deck trailer, an proposal on small entities. that affected owners and commercial increase of $6.75 or 18 percent per We received several comments shippers complete an owner-shipper horse.2 For each lot of 1,000 horses regarding the initial regulatory certificate, an administrative task that delivered to the slaughtering facility, the flexibility analysis. they do not have to perform now. For per horse cost increase of $6.75 One commenter stated that the effect an entity that transports 500 equines per translates into increased costs of $6,750. of the rule is so minimal that the small year, the average for all potentially entities are the ‘‘winners’’ at an impact affected entities, the requirement Economic Effects on Small Entities of $300 per year or $25 per month. regarding owner-shipper certificates The Regulatory Flexibility Act Another commenter stated that APHIS will translate into added costs of about requires that agencies consider the put more emphasis on not creating $300 annually. In a worst-case scenario, economic effects of rules on small financial hardship for the entities the rule can add several thousand entities (i.e., businesses, organizations, involved than on what Congress dollars to the annual operating costs of and governmental jurisdictions). As mandated regarding the humane an entity that transports 500 equines per transport of equines to slaughter. year. This worst-case scenario assumes 2 This assumes 45 horses on a double-deck trailer We believe that these regulations will that, at the current time, affected owners and 38 horses on a single-deck trailer. help ensure the humane movement of
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equines to slaughtering facilities via industries and the research and impact on the slaughter horse industry commercial transportation. However, veterinary communities. and result in unintended consequences we do not believe that small entities are We considered requiring that owners for equines. not affected. In fact, in the discussion and commercial shippers of equines As discussed above, hauling costs for under the heading, ‘‘Executive Order destined for slaughter secure the slaughtering facilities will increase as a 12866 and Regulatory Flexibility Act,’’ services of a veterinarian to certify the result of owners and commercial we stated that the regulations would equines’ fitness for travel. However, this shippers using smaller conveyances, have a negative economic effect on rule allows owners and commercial and to the extent that the transition to affected entities, large and small. We shippers to certify the equines’ fitness to a new single-deck system results in determined that operating costs would travel themselves. In addition, we more trips at the higher, empty backhaul increase somewhere between about considered various alternatives with rate. In this regard, slaughtering facility $300 and several thousand dollars regard to the types of equines that officials believe that transporters who annually for an entity that transports would be prohibited from shipment. decide to continue shipping horses in 500 equines per year, which would be After much consideration, we are the new single-deck environment will a negative impact on these entities. prohibiting the shipment of equines that need time to find markets or customers However, we stated that, for most are unable to bear weight on all four with alternative products to haul, entities, the economic consequences of limbs, unable to walk unassisted, blind thereby avoiding empty backhauls and the regulations would fall somewhere in both eyes, less than 6 months of age, saving the facilities money. As indicated near the minimum point on the impact and likely to give birth during shipment. above, transporters charge one scale because many entities are already We believe that we must prohibit the slaughtering facility a hauling fee of in compliance with at least some of the shipment to slaughter of equines in $1.65 per mile if they have a return load requirements in part 88. these five categories to carry out and $2.25 per mile if they return empty. One commenter stated that the congressional intent under the statute For one trip of 1,000 miles, the savings number of affected entities was for ensuring the humane transport of for that facility would be $600 if the understated because certain entities equines for slaughter. In addition, we transporter is able to secure a return were not counted. Commercial airlines; considered many allowable time frames load. For 100 trips, the savings would be air and sea cargo carriers; vendors that for equines to be on conveyances $60,000. Slaughtering facility officials believe supply packing plants; feed without access to food and water; the proposed 28-hour period is based on that they also need a deferral of the manufacturers; and suppliers of available data and input from interested effective date for the prohibition on veterinary supplies and medications and potentially affected parties. Finally, double-deck trailers to allow them time were among the entities the commenter in regard to the prohibition on the to respond to the expected decline in cited. transport of slaughter equines in any the number of transporters willing to We stated above that the entities that type of conveyance divided into more haul horses to slaughter. Specifically, would be affected by this rule were than one stacked level, we determined they have stated that they need time to owners and commercial shippers who that such a ban is necessary to ensure budget and to arrange for financing on transport equines to slaughtering the humane transport of equines to equipment they may need to acquire if facilities and the slaughtering facilities slaughtering facilities. However, this they must haul horses on their own themselves. These are the primary rule would allow the use of double-deck because commercial shippers and entities that would be directly affected trailers for a period of 5 years following owners will not. The largest facility by this rule. It is possible that these publication of this rule to lessen the currently owns two tractors and one regulations may indirectly affect other effect of the ban on affected entities. straight-deck trailer and estimates that it entities, including commercial airlines, The Regulatory Flexibility Act also would have to acquire about 10 vendors, and feed manufacturers; requires that Federal agencies consider additional tractor trailers in order to do however, these entities are not directly the use of performance-based rather all of its own hauling. One new tractor affected by this rule, and this rule than design-based standards. In keeping costs approximately $100,000, and one should not have a significant economic with this requirement and the direction new single-deck trailer costs effect on them. provided in the conference report to approximately $38,000. Alternatives Considered employ performance-based rather than Officials at one slaughtering facility engineering-based standards to the believe that, because the profit margin The Regulatory Flexibility Act extent possible, the requirements for their operation is already very thin requires Federal agencies promulgating included in the proposed rule are (due in part to the financial burden new regulations to consider alternatives primarily performance-based. As imposed by the new European Union that will lessen the economic effects of examples, the rule’s requirements for Additional Residue Testing Program), the regulations on affected small design of the conveyance, space allotted the facility could not make the entities. In developing the proposed per equine on the conveyance, and transition to single-deck trailers in 6 rule, we considered many alternatives, manner of driving the conveyance are months.3 However, the same officials some of which are discussed below. In all performance-based. believe that, with a gradual transition, developing the proposed program to For this rule, we also considered carry out the statute, we established a establishing the effective date of the ban 3 The European Union established Maxxam working group that included on double-deck trailers at various points Laboratory, Inc. (Maxxam) in Canada as the North participants both from within the of time in the future, ranging from 6 American residue testing facility. Maxxam charged the horse slaughter facilities in the United States agency as well as from other parts of months to 10 years after the rule’s $130,000 start-up costs; as a direct result, one USDA, including FSIS and AMS. In publication. We chose a 5-year effective facility, Central Nebraska Packing in North Platte, addition, APHIS representatives date because we believe it provides a NE., closed its operation. The three facilities in attended two meetings about the statute strategy for steadily improving the Canada in direct competition with the U.S. facilities are subsidized by the Canadian government for both hosted by humane organizations and welfare of equines transported to start-up and future testing fees. This places the U.S. attended by representatives of the slaughter. For reasons discussed below, facilities at a financial disadvantange with their equine, auction, slaughter, and trucking a shorter period could have an onerous Canadian competitors.
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over a 5-year period, they would be able List of Subjects painless loss of consciousness and to plan accordingly and the facility subsequent death. 9 CFR Part 70 might survive. They point out that their Owner/shipper. Any individual, facility, which generates export sales Administrative practice and partnership, corporation, or cooperative exclusively, may be forced to close procedure. association that engages in the commercial transportation of more than regardless of the time frame imposed by 9 CFR Part 88 this rule, but the facility’s chances of 20 equines per year to slaughtering remaining open would be substantially Animal welfare, Horses, Penalties facilities, except any individual or other improved with a 5-year phase-in. Reporting and recordkeeping entity who transports equines to requirements, Transportation. slaughtering facilities incidental to his If the facility closes, we believe it or her principal activity of production likely that horses in the United States Accordingly, we are amending 9 CFR, chapter I, subchapter C, as follows: agriculture (production of food or fiber). that are intended for slaughter will be Owner-shipper certificate. VS Form trucked to feedlots in Canada or Mexico, PART 70—RULES OF PRACTICE 10–13,1 which requires the information ostensibly as saddle horses, then go to GOVERNING PROCEEDINGS UNDER specified by § 88.4(a)(3) of this part. slaughter. If that happens, we will have CERTAIN ACTS Secretary. The Secretary of no jurisdiction over those movements Agriculture. because our statutory authority to 1. The authority citation for part 70 is Slaughtering facility. A commercial regulate is limited to the commercial revised to read as follows: establishment that slaughters equines transportation of horses to slaughter and Authority: 21 U.S.C. 111, 112, 114a, 114a– for any purpose. to movements to slaughter within the 1, 115, 117, 120, 122, 123, 125–127, 134b, Stallion. Any uncastrated male equine United States. Thus, a critical factor in 134c, 134e, and 134f; 7 CFR 2.22, 2.80, 371.4. that is 1 year of age or older. our decision to use a 5-year time frame USDA. The U.S. Department of for the ban on double-deck trailers is 2. In § 70.1, the list of statutory Agriculture. our belief that if the rule has too great provisions is amended by adding at the USDA backtag. A backtag issued by an impact on horse slaughtering end of the list the following: APHIS that conforms to the eight- character alpha-numeric National facilities in the United States, our rule § 70.1 Scope and applicability of rules of will not provide equines transported to practice. Backtagging System and that provides slaughter the protection that we intend. unique identification for each animal. * * * * * USDA representative. Any employee The information collection and Sections 901–905 of the Federal of the USDA who is authorized by the recordkeeping requirements contained Agriculture Improvement and Reform Act of Deputy Administrator for Veterinary in this rule were described in the 1996 (7 U.S.C. 1901 note). Services of APHIS, USDA, to enforce proposed rule and have been approved * * * * * this part. by the Office of Management and 3. A new part 88 is added to read as Budget. See ‘‘Paperwork Reduction follows: § 88.2 General information. Act,’’ below. (a) State governments may enact and PART 88—COMMERCIAL Executive Order 12372 enforce regulations that are consistent TRANSPORTATION OF EQUINES FOR with or that are more stringent than the This program/activity is listed in the SLAUGHTER regulations in this part. (b) To determine whether an Catalog of Federal Domestic Assistance Sec. under No. 10.025 and is subject to 88.1 Definitions. individual or other entity found to Executive Order 12372, which requires 88.2 General information. transport equines to a slaughtering intergovernmental consultation with 88.3 Standards for conveyances. facility is subject to the regulations in State and local officials. (See 7 CFR part 88.4 Requirements for transport. this part, a USDA representative may 3015, subpart V.) 88.5 Requirements at a slaughtering facility. request from any individual or other 88.6 Violations and penalties. entity who transported the equines Executive Order 12988 Authority: 7 U.S.C. 1901, 7 CFR 2.22, 2.80, information regarding the business of 371.4. that individual or other entity. When This final rule has been reviewed such information is requested, the under Executive Order 12988, Civil § 88.1 Definitions. individual or other entity who Justice Reform. This rule: (1) Preempts The following definitions apply to transported the equines must provide all State and local laws and regulations this part: the information within 30 days and in that are in conflict with this rule; (2) has APHIS. The Animal and Plant Health a format as may be specified by the no retroactive effect; and (3) does not Inspection Service of the U.S. USDA representative. require administrative proceedings Department of Agriculture. before parties may file suit in court Commercial transportation. § 88.3 Standards for conveyances. challenging this rule. Movement for profit via conveyance on (a) The animal cargo space of conveyances used for the commercial Paperwork Reduction Act any highway or public road. Conveyance. Trucks, tractors, trailers, transportation of equines to slaughtering In accordance with section 3507(d) of or semitrailers, or any combination of facilities must: the Paperwork Reduction Act of 1995 these, propelled or drawn by (1) Be designed, constructed, and (44 U.S.C. et seq.), the information mechanical power. maintained in a manner that at all times collection or recordkeeping Equine. Any member of the Equidae protects the health and well-being of the requirements included in this final rule family, which includes horses, asses, equines being transported (e.g., provides have been approved by the Office of mules, ponies, and zebras. 1 Management and Budget (OMB). The Forms may be obtained from the National Euthanasia. The humane destruction Animal Health Programs Staff, Veterinary Services, assigned OMB control number is 0579– of an animal by the use of an anesthetic APHIS, 4700 River Road Unit 43, Riverdale, MD 0160. agent or other means that causes 20737–1231.
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adequate ventilation, contains no sharp (iv) A description of the conveyance, water, and the opportunity to rest for at protrusions, etc.); including the license plate number; least 6 consecutive hours; and (2) Include means of completely (v) A description of the equine’s (4) If offloading is required en route segregating each stallion and each physical characteristics, including such to the slaughtering facility, the owner/ aggressive equine on the conveyance so information as sex, breed, coloring, shipper must prepare another owner- that no stallion or aggressive equine can distinguishing markings, permanent shipper certificate as required by come into contact with any of the other brands, tattoos, and electronic devices paragraph (a)(2) of this section and equines on the conveyance; that could be used to identify the record the date, time, and location (3) Have sufficient interior height to equine; where the offloading occurred. In this allow each equine on the conveyance to (vi) The number of the USDA backtag situation, both owner-shipper stand with its head extended to the applied to the equine in accordance certificates would need to accompany fullest normal postural height; and with paragraph (a)(2) of this section; the equine to the slaughtering facility. (4) Be equipped with doors and ramps (vii) A statement of fitness to travel at (c) Handling of all equines in of sufficient size and location to provide the time of loading, which will indicate commercial transportation to a for safe loading and unloading. that the equine is able to bear weight on slaughtering facility shall be done as (b) Equines in commercial all four limbs, able to walk unassisted, expeditiously and carefully as possible transportation to slaughtering facilities not blind in both eyes, older than 6 in a manner that does not cause must not be transported in any months of age, and not likely to give unnecessary discomfort, stress, physical conveyance that has the animal cargo birth during the trip; harm, or trauma. Electric prods may not space divided into two or more stacked (viii) A description of any preexisting be used on equines in commercial levels, except that conveyances lacking injuries or other unusual condition of transportation to a slaughtering facility the capability to convert from two or the equine, such as a wound or for any purpose, including loading or more stacked levels to one level may be blindness in one eye, that may cause the offloading on the conveyance, except used until December 7, 2006. equine to have special handling needs; when human safety is threatened. Conveyances with collapsible floors (ix) The date, time, and place the (d) At any point during the (also known as ‘‘floating decks’’) must equine was loaded on the conveyance; commercial transportation of equines to be configured to transport equines on and a slaughtering facility, a USDA one level only. (x) A statement that the equine was representative may examine the provided access to food, water, and rest equines, inspect the conveyance, or § 88.4 Requirements for transport. prior to transport in accordance with review the owner-shipper certificates (a) Prior to the commercial paragraph (a)(1) of this section; and required by paragraph (a)(3) of this transportation of equines to a (4) Load the equines on the section. slaughtering facility, the owner/shipper conveyance so that: (e) At any time during the commercial must: (i) Each equine has enough floor space transportation of equines to a (1) For a period of not less than 6 to ensure that no equine is crowded in slaughtering facility, a USDA consecutive hours immediately prior to a way likely to cause injury or representative may direct the owner/ the equines being loaded on the discomfort; and shipper to take appropriate actions to conveyance, provide each equine (ii) Each stallion and any aggressive alleviate the suffering of any equine. If appropriate food (i.e., hay, grass, or equines are completely segregated so deemed necessary by the USDA other food that would allow an equine that no stallion or aggressive equine can representative, such actions could in transit to maintain well-being), come into contact with any other equine include securing the services of an potable water, and the opportunity to on the conveyance. equine veterinarian to treat an equine, rest; (b) During transit to the slaughtering including performing euthanasia if (2) Apply a USDA backtag 2 to each facility, the owner/shipper must: necessary. (1) Drive in a manner to avoid causing equine in the shipment; (f) The individual or other entity who injury to the equines; (3) Complete and sign an owner- signs the owner-shipper certificate must (2) Observe the equines as frequently shipper certificate for each equine being maintain a copy of the owner-shipper as circumstances allow, but not less transported. The owner-shipper certificate for 1 year following the date than once every 6 hours, to check the certificate for each equine must of signature. physical condition of the equines and accompany the equine throughout ensure that all requirements of this part § 88.5 Requirements at a slaughtering transit to the slaughtering facility and are being followed. The owner/shipper facility. must include the following information, must obtain veterinary assistance as which must be typed or legibly (a) Upon arrival at a slaughtering soon as possible from an equine completed in ink: facility, the owner/shipper must: veterinarian for any equines in obvious (i) The owner/shipper’s name, (1) Ensure that each equine has access physical distress. Equines that become address, and telephone number; to appropriate food and potable water nonambulatory en route must be (ii) The receiver’s (destination) name, after being offloaded; euthanized by an equine veterinarian. If (2) Present the owner-shipper address, and telephone number; an equine dies en route, the owner/ certificates to a USDA representative; (iii) The name of the auction/market, shipper must contact the nearest APHIS (3) Allow a USDA representative if applicable; office as soon as possible and allow an access to the equines for the purpose of APHIS veterinarian to examine the examination; and 2 USDA backtags are available at recognized slaughtering establishments and specifically equine. If an APHIS veterinarian is not (4) Allow a USDA representative approved stockyards and from State representatives available, the owner/shipper must access to the animal cargo area of the and APHIS representatives. A list of recognized contact an equine veterinarian; conveyance for the purpose of slaughtering establishments and specifically (3) Offload from the conveyance any inspection. approved stockyards may be obtained as indicated in § 78.1 of this chapter. The terms ‘‘State equine that has been on the conveyance (b) If the owner/shipper arrives during representative’’ and ‘‘APHIS representative’’ are for 28 consecutive hours and provide normal business hours, the owner/ defined in § 78.1 of this chapter. the equine appropriate food, potable shipper must not leave the premises of
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a slaughtering facility until the equines of the United States must present the (Approved by the Office of Management and have been examined by a USDA owner-shipper certificates to USDA Budget under control number 0579–0160.) representative. However, if the owner/ representatives at the border. Done in Washington, DC, this 3rd day of shipper arrives outside of normal § 88.6 Violations and penalties. December 2001. business hours, the owner/shipper may (a) The Secretary is authorized to Bill Hawks, leave the premises but must return to assess civil penalties of up to $5,000 per Under Secretary, Marketing and Regulatory the premises of the slaughtering facility violation of any of the regulations in Programs. to meet the USDA representative upon this part. [FR Doc. 01–30259 Filed 12–6–01; 8:45 am] his or her arrival. (b) Each equine transported in BILLING CODE 3410–34–U (c) Any owner/shipper transporting violation of the regulations of this part equines to slaughtering facilities outside will be considered a separate violation.
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Part III
Department of State Designation of 39 ‘‘Terrorist Organizations’’ Under the ‘‘PATRIOT USA ACT’’; Notice
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DEPARTMENT OF STATE classified and/or unclassified —First of October Antifascist Resistance information available to the Secretary of Group (GRAPO)—AKA: Grupo de [Public Notice 3852] State contains findings that the named Resistencia Anti-Fascista Premero De Octubre Designation of 39 ‘‘Terrorist groups have committed, or have provided material support to further, —Lashkar-e-Tayyiba (LT)—AKA: Army of the Organizations’’ Under the ‘‘PATRIOT Righteous USA Act’’ terrorist acts. —Continuity Irish Republican Army Dated: December 5, 2001. (CIRA)—AKA: Continuity Army Council AGENCY: Office of the Coordinator for Mark Wong, —Orange Volunteers (OV) Counterterrorism, Department of State. —Red Hand Defenders (RHD) Acting Coordinator for Counterterrorism, —New People’s Army (NPA) ACTION: Designation. Department of State. —People Against Gangsterism and Drugs Pursuant to Section 411(a)(1)(G) of the Appendix (PAGAD) Uniting andStrengthening America by —Revolutionary United Front (RUF) providing Appropriate ToolsRequired to —Al-Ittihad al-Islami (AIAI) —Al-Ma’unah —Al-Wafa al-Igatha al-Islamia —Jayshullah Intercept and Obstruct Terrorism Act of —Asbat al-Ansar 2001, Pub. L. No. 107–56, 115 Stat. 272 —Black Star —Darkazanli Company —Anarchist Faction for Overthrow (‘‘USA PATRIOT Act’’), the Secretary of —Salafist Group for Call and Combat (GSPC) State, in consultation with the —Red Brigades-Combatant Communist Party —Islamic Army of Aden (BR–PCC) AttorneyGeneral, hereby designates —Libyan Islamic Fighting Group —Revolutionary Proletarian Nucleus each group listed in the Appendix to —Makhtab al-Khidmat —Turkish Hizballah this notice as a ‘‘terrorist organization.’’ —Al-Hamati Sweets Bakeries —Jerusalem Warriors This designation is effective upon —Al-Nur Honey Center —Islamic Renewal and Reform Organization publication. —Al-Rashid Trust —The Pentagon Gang Section 411(a)(1)(G) of the USA —Al-Shifa Honey Press for Industry and —Japanese Red Army (JRA) PATRIOT Act requires the Secretary of Commerce —Jamiat ul-Mujahideen (JUM) —Jaysh-e-Mohammed —Harakat ul Jihad i Islami (HUJI) State to find that a group has engaged —Jamiat al-Ta’awun al-Islamiyya in terrorism-related activities before —The Allied Democratic Forces (ADF) —Alex Boncayao Brigade (ABB) —The Lord’s Resistance Army (LRA) designating it as a ‘‘terrorist —Army for the Liberation of Rwanda organization.’’ This statutory (ALIR)—AKA: Interahamwe,Former Armed [FR Doc. 01–30576 Filed 12–6–01; 12:55 pm] requirement has been satisfied because Forces (EX–FAR) BILLING CODE 4710–10–P
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Reader Aids Federal Register Vol. 66, No. 236 Friday, December 7, 2001
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER
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 3 CFR 24 CFR 30...... 63436 Presidential Documents Proclamations: Executive orders and proclamations 523–5227 7507...... 62907 26 CFR 7508...... 62909 The United States Government Manual 523–5227 7509...... 62911 Proposed Rules: 7510...... 63149 1...... 63203 Other Services Administrative Orders: 29 CFR Electronic and on-line services (voice) 523–3447 Presidential Determinations: 578...... 63501 Privacy Act Compilation 523–3187 No. 02–07 of 579...... 63501 Public Laws Update Service (numbers, dates, etc.) 523–6641 November 21, 580...... 63501 TTY for the deaf-and-hard-of-hearing 523–5229 2001 ...... 63487 5 CFR 30 CFR ELECTRONIC RESEARCH 6001...... 60139 256...... 60147 944...... 62917 World Wide Web 7 CFR 33 CFR Full text of the daily Federal Register, CFR and other publications 301...... 63151 is located at: http://www.access.gpo.gov/nara 117 ...... 62935, 62936, 62938, Proposed Rules: Federal Register information and research tools, including Public 352...... 63005 62939, 62940 Inspection List, indexes, and links to GPO Access are located at: 1410...... 63339 165...... 60151, 62940 http://www.nara.gov/fedreg 9 CFR 34 CFR E-mail 70...... 63588 Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 88...... 63588 Ch. VI...... 63203 an open e-mail service that provides subscribers with a digital 94...... 62913 37 CFR form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes HTML and 12 CFR 201...... 62942 PDF links to the full text of each document. 5...... 62914 38 CFR To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: 17...... 63446, 63449 Online mailing list archives, FEDREGTOC-L, Join or leave the list Ch. IX...... 63008 20...... 60152 (or change settings); then follow the instructions. 584...... 63517 40 CFR PENS (Public Law Electronic Notification Service) is an e-mail 14 CFR service that notifies subscribers of recently enacted laws. 39 ...... 60140, 60143, 60144, 8...... 63454 52...... 63311 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 60145, 62915, 63154, 63157, 62...... 63311 and select Join or leave the list (or change settings); then follow 63159, 63307 63...... 63313 the instructions. 71...... 63489 73...... 63433 70 ...... 62945, 62946, 62949, FEDREGTOC-L and PENS are mailing lists only. We cannot 93...... 63294 62951, 62954, 62961, 62967, respond to specific inquiries. 107...... 63474 62969, 63166, 63168, 63170, 108...... 63474 63175, 63180, 63184, 63188, Reference questions. Send questions and comments about the 63318, 63503 Federal Register system to: [email protected] Proposed Rules: 39 ...... 63009, 63010, 63341 180...... 63192 The Federal Register staff cannot interpret specific documents or 71...... 60162, 63517 261...... 60153, 62973 regulations. 271...... 63331 18 CFR Proposed Rules: FEDERAL REGISTER PAGES AND DATE, DECEMBER 381...... 63162 52...... 63204, 63343 80...... 60153 60139–62906...... 3 19 CFR 62907–63148...... 4 12...... 63490 42 CFR 63149–63306...... 5 411...... 60154 20 CFR 63307–63486...... 6 1001...... 62980 655...... 63298 63487–63620...... 7 43 CFR 21 CFR 3600...... 63334 510 ...... 63163, 63164, 63499 3610...... 63334 520...... 63165, 63166 3620...... 63334 524...... 63164 3800...... 63334 556...... 62916 558 ...... 62916, 63499, 63500 44 CFR Proposed Rules: Proposed Rules: 500...... 63519 61...... 60176
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47 CFR 212...... 63335 Proposed Rules: 600...... 63199 1...... 62992 215...... 63334 107...... 63096 622...... 60161 25...... 63512 217...... 63336 171...... 63096 635...... 63003 73 ...... 60156, 60157, 63199 237...... 63335 172...... 63096 648...... 63003 173...... 63096 76...... 62992 242...... 63334 660...... 63199 177...... 63096 101...... 63512 Proposed Rules: 178...... 63096 Proposed Rules: Proposed Rules: 235...... 63348 180...... 63096 17...... 63349 73...... 63209 21...... 63349 48 CFR 49 CFR 50 CFR 648...... 63013 202...... 63334 571...... 60157 17...... 62993
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REMINDERS TREASURY DEPARTMENT CONSUMER PRODUCT National priorities list The items in this list were Customs Service SAFETY COMMISSION update; comments due editorially compiled as an aid Merchandise, special classes: Flammable Fabrics Act: by 12-10-01; published 11-8-01 [FR 01-27832] to Federal Register users. Import restrictions— Mattresses/bedding; open Inclusion or exclusion from Water programs: Bolivia; archaeological and flame ignition; flammability this list has no legal ethnological materials; standard; comments due Pollutants analysis test significance. published 12-7-01 by 12-10-01; published procedures; guidelines— 10-11-01 [FR 01-25442] Mercury; measurement DEFENSE NUCLEAR method; comments due RULES GOING INTO COMMENTS DUE NEXT FACILITIES SAFETY BOARD by 12-10-01; published EFFECT DECEMBER 7, WEEK Testimony by employees and 10-9-01 [FR 01-24886] 2001 production of official records Water supply: AGRICULTURE in legal proceedings; Underground injection AGRICULTURE DEPARTMENT comments due by 12-14-01; control program— DEPARTMENT Animal and Plant Health published 11-14-01 [FR 01- Texas; Class I, III, IV, Agricultural Marketing Inspection Service 28543] and V injection wells; Service Plant pest regulations; EDUCATION DEPARTMENT comments due by 12- Watermelon research and comments due by 12-10-01; Postsecondary education: 10-01; published 11-8- promotion plan; published published 10-9-01 [FR 01- 01 [FR 01-27835] Higher Education Act Title 11-7-01 25229] IV program issues; Texas; Class III brine ENVIRONMENTAL AGRICULTURE negotiated rulemaking mining injection wells; PROTECTION AGENCY DEPARTMENT committees; intent to comments due by 12- Air quality implementation Animal and Plant Health establish; comments due 10-01; published 11-8- plans; approval and Inspection Service by 12-14-01; published 01 [FR 01-27836] promulgation; various Plant Protection and 12-5-01 [FR 01-30260] FEDERAL States: Quarantine Treatment ENVIRONMENTAL COMMUNICATIONS Alabama; published 11-7-01 Manual; incorporation by PROTECTION AGENCY COMMISSION Maryland; published 11-7-01 reference: Air quality implementation Digital television stations; table of assignments: HEALTH AND HUMAN Limes; hot water treatment; plans; approval and Mississippi; comments due SERVICES DEPARTMENT comments due by 12-10- promulgation; various 01; published 11-8-01 [FR by 12-14-01; published Food and Drug States: 01-28065] 10-26-01 [FR 01-26943] Administration Wisconsin; comments due Practice and procedure: Animal drugs, feeds, and COMMERCE DEPARTMENT by 12-10-01; published Satellite Digital Audio Radio related products: National Oceanic and 11-8-01 [FR 01-27829] Atmospheric Administration ENVIRONMENTAL Service; terrestrial Monensin; published 12-7-01 repeater networks Fishery conservation and PROTECTION AGENCY Sponsor name and address authorization; comments management: changes— Hazardous waste management due by 12-14-01; system: Phibro Animal Health, Alaska; fisheries of published 11-23-01 [FR Inc.; published 12-7-01 Exclusive Economic RCRA hazardous waste 01-29328] Zone— management facilities; HOUSING AND URBAN Radio stations; table of King and tanner crab; standardized permit, DEVELOPMENT assignments: comments due by 12- corrective action, and DEPARTMENT Florida; comments due by 10-01; published 11-30- financial responsibility; 12-10-01; published 11-9- Mortgage and loan insurance 01 [FR 01-29772] comments due by 12-11- 01 [FR 01-28205] programs: 01; published 10-12-01 Magnuson-Stevens Act Missouri; comments due by Title I Property Improvement provisions— [FR 01-24204] and Manufactured Home 12-10-01; published 10- Domestic fisheries; ENVIRONMENTAL 31-01 [FR 01-27348] Loan Insurance programs PROTECTION AGENCY and Title I lender/Title II exempted fishing permit Texas; comments due by mortgagee approval applications; comments Pesticides; tolerances in food, 12-10-01; published 10- requirements; published due by 12-14-01; animal feeds, and raw 31-01 [FR 01-27347] published 11-29-01 [FR agricultural commodities: 11-7-01 FEDERAL 01-29640] Sethoxydim; comments due POSTAL SERVICE COMMUNICATIONS Domestic fisheries; by 12-10-01; published COMMISSION Domestic Mail Manual: exempted fishing permit 10-10-01 [FR 01-25021] Rate, fee, and classification Television stations; table of applications; comments ENVIRONMENTAL changes; published 12-15- assignments: due by 12-14-01; PROTECTION AGENCY 00 published 11-29-01 [FR Florida; comments due by Superfund program: TRANSPORTATION 01-29641] 12-13-01; published 11-5- DEPARTMENT International fisheries National oil and hazardous 01 [FR 01-27639] regulations: substances contingency HEALTH AND HUMAN Coast Guard plan— Drawbridge operations: Fraser River sockeye and SERVICES DEPARTMENT pink salmon; inseason National priorities list Food and Drug Louisiana; published 11-7-01 orders; comments due by update; comments due Administration TRANSPORTATION 12-12-01; published 11- by 12-10-01; published 11-8-01 [FR 01-27831] Animal drugs, feeds, and DEPARTMENT 27-01 [FR 01-29495] related products: Federal Aviation Marine mammals: ENVIRONMENTAL Imported food products of PROTECTION AGENCY Administration Atlantic Large Whale Take animal origin; drug Airworthiness directives: Reduction Plan; Superfund program: residue tolerances; Aeromot-Industria Mecanico comments due by 12-13- National oil and hazardous comments due by 12-10- Metalurgica Itda.; 01; published 11-28-01 substances contingency 01; published 8-10-01 [FR published 11-26-01 [FR 01-29601] plan— 01-20161]
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HEALTH AND HUMAN NUCLEAR REGULATORY Boeing; comments due by may be used in conjunction SERVICES DEPARTMENT COMMISSION 12-10-01; published 10- with ‘‘PLUS’’ (Public Laws Grants: Spent nuclear fuel and high- 24-01 [FR 01-26713] Update Service) on 202–523– Substance Abuse and level radioactive waste; General Electric Co.; 6641. This list is also Mental Health Service independent storage; comments due by 12-10- available online at http:// Administration; mental licensing requirements: 01; published 10-10-01 www.nara.gov/fedreg/ health and substance Approved spent fuel storage [FR 01-25400] plawcurr.html. abuse emergency casks; list; comments due Pilatus Britten-Norman Ltd.; The text of laws is not response criteria; by 12-14-01; published comments due by 12-10- published in the Federal comments due by 12-10- 11-14-01 [FR 01-28511] 01; published 11-7-01 [FR Register but may be ordered 01; published 10-11-01 NUCLEAR REGULATORY 01-27653] in ‘‘slip law’’ (individual [FR 01-25451] COMMISSION Sikorsky; comments due by pamphlet) form from the HOUSING AND URBAN Spent nuclear fuel and high- 12-11-01; published 10- Superintendent of Documents, DEVELOPMENT level radioactive waste; 12-01 [FR 01-25696] U.S. Government Printing DEPARTMENT independent storage; Socata-Groupe Aerospatiale; Office, Washington, DC 20402 Federal Housing Enterprise licensing requirements: comments due by 12-12- (phone, 202–512–1808). The text will also be made Oversight Office Approved spent fuel storage 01; published 11-14-01 available on the Internet from Practice and procedure: casks; list; comments due [FR 01-28420] Class E airspace; comments GPO Access at http:// Federal National Mortgage by 12-14-01; published due by 12-15-01; published www.access.gpo.gov/nara/ Association (Fannie Mae) 11-14-01 [FR 01-28512] 11-7-01 [FR 01-27991] nara005.html. Some laws may and Federal Home Loan SMALL BUSINESS not yet be available. Mortgage Corporation ADMINISTRATION TRANSPORTATION (Freddie Mac)— Business loans: DEPARTMENT H.R. 768/P.L. 107–72 Need-Based Educational Aid Corporate governance; Loan guaranty and amounts, National Highway Traffic Act of 2001 (Nov. 20, 2001; comments due by 12- minimum guaranteed Safety Administration 115 Stat. 648) 13-01; published 11-9- dollar amount of 7(a) Motor vehicle safety 01 [FR 01-28214] loans, financing standards: H.R. 2620/P.L. 107–73 INTERIOR DEPARTMENT percentages, etc.; Side impact protection and Departments of Veterans comments due by 12-14- fuel system integrity— Affairs and Housing and Fish and Wildlife Service Urban Development, and 01; published 11-14-01 Radial tires instead of Migratory bird hunting: Independent Agencies [FR 01-28371] bias ply tires used on Light goose populations; Appropriations Act, 2002 (Nov. TRANSPORTATION moving barriers; harvest management; 26, 2001; 115 Stat. 651) DEPARTMENT comments due by 12- comments due by 12-11- H.R. 1042/P.L. 107–74 Coast Guard 10-01; published 10-10- 01; published 10-12-01 01 [FR 01-25428] To prevent the elimination of [FR 01-25612] Drawbridge operations: Transportation Recall certain reports. (Nov. 28, Pennsylvania; comments Correction; comments due Enhancement, 2001; 115 Stat. 701) due by 12-10-01; by 12-14-01; published Accountability, and H.R. 1552/P.L. 107–75 published 10-10-01 [FR 11-7-01 [FR 01-27940] Documentation (TREAD) Internet Tax Nondiscrimination 01-25425] JUSTICE DEPARTMENT Act; implementation: Act (Nov. 28, 2001; 115 Stat. Vessel documentation: Drug Enforcement Foreign safety recalls and 703) Administration Coastwise trade vessels; campaigns related to H.R. 2330/P.L. 107–76 foreign ownership; ‘‘sold Schedules of controlled potential defects; Agriculture, Rural foreign’’ interpretation; substances: information reporting; Development, Food and Drug comments due by 12-11- Administration, and Related Tetrahydrocannabinols; comments due by 12-10- 01; published 9-12-01 [FR Agencies Appropriations Act, placement into Schedule I 01; published 10-11-01 01-22815] [FR 01-25429] 2002 (Nov. 28, 2001; 115 Clarification; comments TRANSPORTATION Stat. 704) due by 12-10-01; TREASURY DEPARTMENT DEPARTMENT H.R. 2500/P.L. 107–77 published 10-9-01 [FR Thrift Supervision Office Federal Aviation 01-25023] Savings and loan holding Departments of Commerce, Administration companies: Justice, and State, the JUSTICE DEPARTMENT Airworthiness directives: Judiciary, and Related Immigration and Authority to engage in Agencies Appropriations Act, Airbus; comments due by financial activities; Naturalization Service 12-14-01; published 11- 2002 (Nov. 28, 2001; 115 comments due by 12-10- Stat. 748) Immigration: 19-01 [FR 01-28794] 01; published 11-8-01 [FR Foreign language alien Bell; comments due by 12- 01-27889] H.R. 2924/P.L. 107–78 broadcasters; special To provide authority to the 11-01; published 10-12-01 VETERANS AFFAIRS fourth preference Federal Power Marketing [FR 01-25695] DEPARTMENT immigrant visas; Administration to reduce TRANSPORTATION comments due by 12-10- Loan guaranty: vandalism and destruction of DEPARTMENT 01; published 10-11-01 Prepurchase counseling property, and for other [FR 01-25478] Federal Aviation requirements; comments purposes. (Nov. 28, 2001; 115 Administration Stat. 808) LABOR DEPARTMENT due by 12-10-01; Airworthiness directives: published 10-11-01 [FR Last List November 23, 2001 Employment and Training Bell; comments due by 12- 01-25459] Administration 14-01; published 10-15-01 Disaster unemployment [FR 01-25692] Public Laws Electronic assistance program; LIST OF PUBLIC LAWS Notification Service eligibility clarification due to TRANSPORTATION September 11 terrorist DEPARTMENT This is a continuing list of (PENS) attacks; comments due by Federal Aviation public bills from the current 12-13-01; published 11-13- Administration session of Congress which PENS is a free electronic mail 01 [FR 01-28412] Airworthiness directives: have become Federal laws. It notification service of newly
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enacted public laws. To with the following text Note: This service is strictly specific inquiries sent to this subscribe, go to http:// message: for E-mail notification of new address. hydra.gsa.gov/archives/ laws. The text of laws is not publaws-l.html or send E-mail SUBSCRIBE PUBLAWS-L available through this service. to [email protected] Your Name. PENS cannot respond to
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