3–7–01 Wednesday Vol. 66 No. 45 Mar. 7, 2001 Pages 13645–13838
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1 II Federal Register / Vol. 66, No. 45 / Wednesday, March 7, 2001
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2 III
Contents Federal Register Vol. 66, No. 45
Wednesday, March 7, 2001
Agriculture Department Consumer Product Safety Commission See Animal and Plant Health Inspection Service RULES See Commodity Credit Corporation Dive sticks, 13645–13652 See Forest Service Defense Department Animal and Plant Health Inspection Service See Army Department NOTICES See Engineers Corps NOTICES Meetings: Agency information collection activities: Veterinary biological products, 13696 Proposed collection; comment request, 13708–13712 Official identification eartags and backtags for sheep and Meetings: goats, commercially produced, 13696–13697 Cost Accounting Standards; streamlining, 13712 Rabies control in wildlife; comment request, 13697–13700 Employment and Training Administration Antitrust Division NOTICES NOTICES Grants and cooperative agreements; availability, etc.: National cooperative research notifications: Job Training Partnership Act— Petroleum Environmental Research Forum, 13782–13783 Workforce Investment Act allotments and Wagner- Southwest Research Institute, 13783 Peyser Act preliminary planning estimates for TRAAMS Venture Team, 13783 States, 13784–13790
Army Department Energy Department See Engineers Corps See Federal Energy Regulatory Commission NOTICES Engineers Corps Meetings: NOTICES Army Education Advisory Committee, 13712 Environmental statements; availability, etc.: Science Board, 13712–13713 Douglas and Saunders Counties, NE; Platte West water production facilities, 13713 Centers for Disease Control and Prevention Meetings: NOTICES Inland Waterways Users Board, 13713–13714 Agency information collection activities: Proposed collection; comment request, 13744 Environmental Protection Agency Grants and cooperative agreements; availability, etc.: RULES Respiratory syncytial virus and other viral vaccines; Air programs: CD40L use as molecular adjuvant to enhance Stratospheric ozone protection— humoral and cellular immune responses; Significant New Alternatives Policy Program; examination, 13744–13745 correction, 13655–13656 Meetings: NOTICES National Center for HIV, STD, and TB Prevention— Agency information collection activities: Nonoccupational antiretroviral postexposure Proposed collection; comment request, 13724 prophylaxis; external consultants, 13745 Submission for OMB review; comment request, 13724– 13725 Children and Families Administration Confidential business information and data transfer, 13725– See Community Services Office 13728 See Refugee Resettlement Office Grants and cooperative agreements; availability, etc.: NOTICES Water quality; innovative projects/demonstrations/studies Grants and cooperative agreements; availability, etc.: relating to prevention, reduction, or elimination of Early Head Start, 13745–13767 water pollution, 13728–13729 Meetings: Clean Air Act Advisory Committee, 13729 Commerce Department Environmental Policy and Technology National Advisory See National Oceanic and Atmospheric Administration Council, 13729–13730 Global Technical Regulations Agreement (1998); agency Commodity Credit Corporation and public participation in activities, 13730–13732 PROPOSED RULES Good Neighbor Environmental Board, 13732–13733 Loan and purchase programs: Pesticide Program Dialogue Committee, 13733–13734 Livestock indemnity program, 13679–13681 Pesticides; experimental use permits, etc.: Monsanto Co., 13734–13735 Community Services Office Mycogen Seeds, 13735–13738 NOTICES Reports and guidance documents; availability, etc.: State median income estimates for four-person families, Water quality; Stressor Identification Guidance 13767–13769 Document, 13738
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Superfund; response and remedial actions, proposed Federal Trade Commission settlements, etc.: RULES Metalex Site, SC, 13738–13739 Practice and procedure: Reeves Southeastern Site, FL, 13739 Former members and employees; appearances before Commission; restrictions, 13645 Export-Import Bank NOTICES Fish and Wildlife Service Meetings: RULES Advisory Committee, 13739 Endangered and threatened species: Critical habitat designations— Federal Bureau of Investigation Arroyo toad; correction, 13656–13671 NOTICES PROPOSED RULES Committees; establishment, renewal, termination, etc.: Endangered and threatened species: Criminal Justice Information Services Advisory Policy Critical habitat designations— Board, 13783–13784 Various plants from Kauai and Niihau, HI, 13691– 13692 Federal Communications Commission NOTICES PROPOSED RULES Agency information collection activities: Common carrier services: Proposed collection; comment request, 13778–13779 Incumbent local exchange carriers— Submission for OMB review; comment request, 13779– Depreciation requirements review; 1998 biennial 13781 regulatory review; petition denied, 13690–13691 Marine mammals: Radio stations; table of assignments: Incidental taking; authorization letters, etc.— Missouri and Michigan, 13691 Oil and gas industry exploration activities; polar bears, NOTICES 13781 Common carrier services: Wireless telecommunications services— Food and Drug Administration 700 MHz bands; State decisions to opt out of existing RULES 800 MHz planning regions, 13739–13740 Food additives: Rulemaking proceedings; petitions filed, granted, denied, Adhesive coatings and components and paper and etc., 13740 paperboard components— Butanedioic acid, sulfo-1,4-diisodecyl ester, ammonium Federal Election Commission salt, 13653–13655 PROPOSED RULES Dimethyl dicarbonate, 13652–13653 Political committee; definition, 13681–13688 NOTICES Agency information collection activities: Federal Energy Regulatory Commission Submission for OMB review; comment request, 13769– PROPOSED RULES 13770 Natural Gas Policy Act: Human drugs: Natural gas transportation policies dialog; competitive Patent extension; regulatory review period natural gas markets development; staff conference, determinations— 13689–13690 Aciphex, 13770 NOTICES Electric rate and corporate regulation filings: Forest Service Central Maine Power Co. et al., 13718–13720 NOTICES Hydroelectric applications, 13720–13724 Environmental statements; notice of intent: Applications, hearings, determinations, etc.: Nez Perce National Forest, ID, 13700–13701 Chevron Products Co., 13714 East Tennessee Natural Gas Co., 13714–13715 Health and Human Services Department Geothermal Properties, Inc., 13715 See Centers for Disease Control and Prevention GPN Pleasant Hill, LLC, et al., 13715–13716 See Children and Families Administration Merrill Lynch Capital Services, Inc., 13716 See Community Services Office Naniwa Energy LLC, 13716–13717 See Food and Drug Administration Riverside Generating Co., L.L.C., 13717 See Refugee Resettlement Office Tiger Natural Gas, Inc., 13717 NOTICES Williams Gas Pipelines Central, Inc., 13717–13718 Grants and cooperative agreements; availability, etc.: Welfare reform outcomes; policy research and studies, Federal Housing Finance Board 13740–13744 PROPOSED RULES Federal home loan bank system: Housing and Urban Development Department Unsecured credit limits, 13688–13689 NOTICES Agency information collection activities: Federal Motor Carrier Safety Administration Proposed collection; comment request, 13776–13778 NOTICES Reporting and recordkeeping requirements, 13778 Motor carrier safety standards: Driver qualifications— Interior Department Ammons, Jr., Henry, et al.; vision requirement See Fish and Wildlife Service exemptions, 13825–13829 See Land Management Bureau
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Internal Revenue Service Social and Political Sciences Advisory Panel, 13793 NOTICES Meetings; Sunshine Act, 13793 Dealers in securities futures contracts; comment request, 13836–13838 Nuclear Regulatory Commission NOTICES Justice Department Environmental statements; notice of intent: See Antitrust Division Savannah River Site, SC; mixed oxide fuel fabrication See Federal Bureau of Investigation facility, 13794–13797 NOTICES Meetings; Sunshine Act, 13797 Pollution control; consent judgments: Operating licenses, amendments; no significant hazards Chevron USA, Inc., 13782 considerations; biweekly notices, 13797–13813 Johnson, Reland Mark, 13782 Applications, hearings, determinations, etc.: Labor Department Nuclear Management Co., LLC, 13793–13794 See Employment and Training Administration Personnel Management Office Land Management Bureau NOTICES NOTICES Agency information collection activities: Alaska Native claims selection: Proposed collection; comment request, 13813 Kaktovik Inupiat Corp., 13781 Meetings: Public Health Service Resource Advisory Councils— See Centers for Disease Control and Prevention Dakotas, 13781 See Food and Drug Administration Oil and gas leases: California, 13781–13782 Refugee Resettlement Office NOTICES Medicare Payment Advisory Commission Grants and cooperative agreements; availability, etc.: NOTICES Torture survivors treatment and services, 13771–13776 Meetings, 13791 Securities and Exchange Commission National Aeronautics and Space Administration NOTICES NOTICES Investment Company Act of 1940: Patent licenses; non-exclusive, exclusive, or partially Exemption applications— exclusive: ING Pilgrim Investments, LLC, et al., 13813–13815 Modern Machine & Tool Co. Inc., 13791 Meetings; Sunshine Act, 13815–13816 Securities: National Oceanic and Atmospheric Administration Suspension of trading— RULES Ives Health Co., Inc., 13816 Fishery conservation and management: Self-regulatory organizations; proposed rule changes: Alaska; fisheries of Exclusive Economic Zone— American Stock Exchange LLC, 13816–13820 Individual Fishing Quota Program; cost recovery International Securities Exchange LLC, 13820–13821 program; correction, 13672 New York Stock Exchange, Inc., 13821–13822 Pacific cod, 13671–13672 Pacific Exchange, Inc., 13822–13823 Western Alaska Community Development Quota Philadelphia Stock Exchange, Inc., 13823–13825 Program, 13672–13678 PROPOSED RULES State Department Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— NOTICES Gulf of Mexico fishery management plans; generic Art objects; importation for exhibition: amendment, 13692–13694 Breeze from the Gardens of Persia: New Art from Iran, Northeastern United States fisheries— 13825 Summer flounder, scup, and black sea bass, 13695 Transportation Department Surf clam and ocean quahog, 13694–13695 NOTICES See Federal Motor Carrier Safety Administration Grants and cooperative agreements; availability, etc.: Fishing industry research and development projects— Treasury Department Saltonstall-Kennedy Program, 13701–13708 See Internal Revenue Service NOTICES National Science Foundation Reports and guidance documents; availability, etc.: NOTICES National origin discrimination as it affects limited Meetings: English proficient persons; prohibition; policy Biological Sciences Special Emphasis Panel, 13791 guidance to Federal financial assistance recipients, Civil and Mechanical Systems Special Emphasis Panel, 13829–13836 13791–13792 Economics, Decision, and Management Sciences Advisory Panel, 13792 Reader Aids Geosciences Special Emphasis Panel, 13792 Consult the Reader Aids section at the end of this issue for Human Resource Development Special Emphasis Panel, phone numbers, online resources, finding aids, reminders, 13792–13793 and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR Proposed Rules: 1439...... 13679 11 CFR Proposed Rules: 100...... 13681 12 CFR Proposed Rules: 932...... 13688 16 CFR 4...... 13645 1500...... 13645 18 CFR Proposed Rules: 284...... 13689 21 CFR 172...... 13652 175...... 13653 176...... 13653 178...... 13653 40 CFR 82...... 13655 47 CFR Proposed Rules: 43...... 13690 73...... 13691 50 CFR 17...... 13656 679 (3 documents) ...... 13671, 13672 Proposed Rules: 17...... 13691 622...... 13692 635...... 13692 648 (2 documents) ...... 13694, 13695
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Rules and Regulations Federal Register Vol. 66, No. 45
Wednesday, March 7, 2001
This section of the FEDERAL REGISTER of the Regulatory Flexibility Act, 5 Commission, Washington, DC 20207; contains regulatory documents having general U.S.C. 601(2). telephone (301) 504–0608, ext. 1362. applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: are keyed to and codified in the Code of List of Subjects in 16 CFR part 4 Federal Regulations, which is published under Administrative practice and A. Background 50 titles pursuant to 44 U.S.C. 1510. procedure. As of November 2000, the The Code of Federal Regulations is sold by For the reasons set forth in the Commission is aware of nine confirmed the Superintendent of Documents. Prices of preamble, the Federal Trade impalement incidents involving dive new books are listed in the first FEDERAL Commission amends Title 16, chapter I, sticks that were submerged and standing REGISTER issue of each week. subchapter A, of the Code of Federal vertically. These incidents resulted in Regulations as follows: injuries to the perineal region of young children. The products were cylindrical FEDERAL TRADE COMMISSION PART 4—MISCELLANEOUS RULES batons, approximately 77⁄8 to 85⁄8 inches long and 7⁄8 to one inch in diameter. 1. The authority citation for part 4 16 CFR Part 4 They were all constructed of rigid continues to read as follows: plastic. Appearances Before the Commission; Authority: Sec. 6, 38 Stat. 721; 15 U.S.C. In early 1999, when the Commission Restrictions as to Former Members 46. staff first learned of incidents involving and Employees dive sticks, the staff worked with § 4.1 [Amended] AGENCY: Federal Trade Commission product manufacturers to recall (FTC). 2. Section 4.1 is amended by hazardous dive sticks. On June 24, 1999, removing the note that follows the Commission announced that it had ACTION: Final rule. paragraph (b)(1)(iv). reached agreements with 15 manufacturers and importers to SUMMARY: The Commission is amending By direction of the Commission. voluntarily recall their dive sticks. The its rule governing the appearances of Donald S. Clark, recalls have removed most dive sticks former members and employees, Rule Secretary. from the market.[1,9] 2 However, 4.1(b), to make it consistent with [FR Doc. 01–5507 Filed 3–6–01; 8:45 am] because the hazard posed by dive sticks President Clinton’s December 28, 2000 BILLING CODE 6750–01–M appeared to be inherent to the product revocation of Executive Order 12834 and not related to any specific model or (‘‘Ethics Commitments by Executive manufacturer, the Commission began a Branch Appointees’’). CONSUMER PRODUCT SAFETY proceeding to ban all dive sticks with EFFECTIVE DATE: These amendments are COMMISSION hazardous characteristics. effective March 7, 2001. On July 16, 1999, the Commission 16 CFR Part 1500 FOR FURTHER INFORMATION CONTACT: Ira issued an advance notice of proposed rulemaking (‘‘ANPR’’) announcing the S. Kaye, 202–326–2426, or Shira Pavis Dive Sticks; Final Rule Minton, 202–326–2479, Attorneys, Commission’s intent to issue a rule Office of the General Counsel, FTC, 600 AGENCY: Consumer Product Safety addressing the risk of injury presented Pennsylvania Avenue, NW., Commission. by dive sticks. 64 FR 38387 (1999). One Washington, DC 20580. ACTION: Final rule. alternative discussed in the ANPR was a rule declaring certain dive sticks to be SUPPLEMENTARY INFORMATION: The SUMMARY: The Commission is issuing a banned hazardous substances. Commission is deleting the note rule to ban certain dive sticks under the On July 19, 2000, the Commission following section (b)(1)(iv) of authority of the Federal Hazardous published a notice of proposed Commission Rule 4.1, 16 CFR 4.1, Substances Act.1 Dive sticks are used for rulemaking (‘‘NPR’’) proposing to ban which currently states that former underwater activities, such as retrieval hazardous dive sticks. 65 FR 44703 Commissioners and certain other games and swimming instruction. They (2000). The proposed rule stated that it ‘‘senior’’ employees may be subject to are typically made of rigid plastic and would ban dive sticks that (1) are rigid; Executive Order 12834. That order stand upright at the bottom of a (2) submerge to the bottom of a pool of formerly required that certain Executive swimming pool. Due to these water; and (3) stand upright in water. Branch officials appointed on or after characteristics, if a child jumps onto a The Commission proposed a January 20, 1993, sign a pledge making dive stick in shallow water he or she performance test to determine the particular post-employment ethics may suffer severe injuries. rigidity of a dive stick. Dive sticks that commitments. This amendment is DATES: The rule will become effective come to rest underwater at an angle necessary in order to reflect that, by greater than 45 degrees from vertical Executive Order 13184 of December 28, on April 6, 2001. FOR FURTHER INFORMATION CONTACT: would be exempt under the proposed 2000, President Clinton revoked rule as would dive sticks that maintain Executive Order 12834. Renae Rauchschwalbe, Office of Compliance, Consumer Product Safety a compressive force of less than 5-lbf This rule amendment relates solely to under a prescribed performance test. agency practice and, thus, is not subject 1 Commissioner Mary Gall filed a separate The Commission has determined to to the notice and comment requirements statement which is available from the Office of the of the Administrative Procedure Act, 5 Secretary, Room 502, 4330 East-West Highway, 2 Numbers in brackets refer to documents listed U.S.C. 553(a)(2), or to the requirements Bethesda, Maryland. at the end of this notice.
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issue the proposed rule as a final final regulatory analysis. 15 U.S.C. object. The injuries could range from standard without change. 1262(i)(1). laceration of the rectum and sphincter, The Commission received one Before the Commission can issue a to puncture wounds and tears of the comment on the proposed rule. That final rule it must find (1) if an colon. Less serious injuries such as comment came from a student at Florida applicable voluntary standard has been facial and eye injuries are also possible International University. He asked adopted and implemented, that when a child attempts to retrieve a dive whether it would be safer to discontinue compliance with the voluntary standard stick under the water.[2,10] the sale of all dive sticks, both soft and is not likely to adequately reduce the 2. Impalement Injury Data. As of rigid. Based on available medical risk of injury, or compliance with the November 2000, the Commission is literature, the Commission concludes voluntary standard is not likely to be aware of nine confirmed impalement that only rigid dive sticks pose the substantial; (2) that benefits expected injuries involving submerged vertically- threat of impalement injuries to from the regulation bear a reasonable standing dive sticks. All the victims children. The Commission is not aware relationship to its costs; and (3) that the were children ranging in age from three of any impalement incidents, reported regulation imposes the least to nine years old.[10] to CPSC or in the medical literature, burdensome alternative that would Four females (ages 7 to 9) sustained involving any flexible objects. Thus, the adequately reduce the risk of injury. Id. injuries when the dive stick penetrated Commission believes that the rule, 1261(i)(2). the vagina. Two males (ages 3 and 7) including the exemption for non-rigid C. The Product and two females (ages 5 and 6) suffered dive sticks, will adequately protect the injuries when the dive stick penetrated public.[11] Dive sticks are generally used in the rectum. In the remaining incident, a swimming pools for underwater B. Statutory Authority female received external lacerations retrieval activities, such as retrieval around the rectum after landing on a This proceeding is conducted games and swimming instruction. They dive stick. Medical attention was sought pursuant to the Federal Hazardous are made of rigid plastic. They are after each incident, and six of the Substances Act (‘‘FHSA’’), 15 U.S.C. typically cylindrical in shape, ten injuries required surgery to address 1261 et seq. Section 2(f)(1)(D) of the inches or less in length with a diameter multiple internal and external FHSA defines ‘‘hazardous substance’’ to one inch or less, but some have novelty injuries.These nine incidents involved include any toy or other article intended shapes such as shark silhouettes. They vertical-standing dive sticks. The for use by children that the Commission are or can be weighted so that when products were cylindrical batons, determines, by regulation, presents an dropped into water they sink and stand approximately 77⁄8 to 85⁄8 inches long electrical, mechanical, or thermal upright on the bottom. and 7⁄8 to one inch in diameter.[2,10] hazard. 15 U.S.C. 1261(f)(1)(D). An Before the June 1999 recall, retail Eight of the impalement injuries article may present a mechanical hazard prices usually ranged from $4 to $7 per occurred in shallow depths of water. Of if its design or manufacture presents an set or about $1 per individual stick. these, five occurred in small wading unreasonable risk of personal injury or Retail prices were almost always less pools with water levels between 12 and illness during normal use or when than $10, even when sold with other 24 inches. Of the remaining three subjected to reasonably foreseeable products such as disks, rings, and incidents, one occurred on the top step damage or abuse. Among other things, a snorkels. An estimated 4 to 5 million of a spa, one occurred in a pool mechanical hazard could include a risk dive sticks were sold in both 1997 and measuring three feet in height with of injury or illness ‘‘(3) from points or 1998. Altogether, about 20 million dive approximately 27 inches of water, and other protrusions, surfaces, edges, sticks have been sold since 1990. Sales the final incident occurred in a bathtub openings, or closures, * * * or (9) of dive sticks increased substantially with approximately 6 inches of water. because of any other aspect of the during the 1990’s. About 1 million The ninth incident reportedly took article’s design or manufacture.’’ 15 households may have owned dive sticks place in a pool; however, neither the U.S.C. 1261(s). during any given year.[8,12] type of pool nor the water depth is Under section 2(q)(1)(A) of the FHSA, Before the June 1999 recalls, the CPSC known.[2,10] 3 a toy, or other article intended for use staff identified at least 15 firms that The July 1999 ANPR provided by children, which is or contains a manufactured or imported dive sticks summaries of impalement incidents hazardous substance accessible by a into the United States. Most of the reported at that time. The NPR child is a ‘‘banned hazardous importers obtained their products from published in July 2000 provided substance.’’ 15 U.S.C. 1261(q)(1)(A). China, Hong Kong, or Taiwan. Because summaries of the three impalement Section 3(f) through 3(i) of the FHSA, the product is inexpensive and simple injuries reported between publication of 15 U.S.C. 1262(f)–(i), governs a to manufacture, it is relatively easy for the ANPR and the NPR. One additional proceeding to promulgate a regulation firms to enter or leave the dive stick incident was not included in either the determining that a toy or other market. Therefore, firms that have not ANPR or the NPR. That incident children’s article presents an electrical, supplied dive sticks in the past, and involved a three-year-old boy who mechanical, or thermal hazard. As were not part of the June 1999 recalls, jumped or slid into a shallow pool and required by section 3(f), this proceeding could begin or renew producing or landed on an upright dive stick which began with an ANPR. 64 FR 38387 supplying dive sticks.[8,12] penetrated his rectum. He suffered a 11⁄2 (1999). After considering the one inch puncture wound and tear in his comment submitted in response to the D. The Risk of Injury bowels. Doctors performed a temporary ANPR, the Commission issued a 1. Description of Injury. Impalement colostomy and will have to reattach his proposed rule and a preliminary injuries have occurred when a child intestines to his bowels once the regulatory analysis in accordance with accidently sat, fell or jumped buttocks- puncture wound heals. The dive stick section 3(h) of the FHSA. 65 FR 44703 first into shallow water and landed on came in a package with a retrofit so that (2000). The Commission then a dive stick. As discussed in the NPR, considered the comment received in serious rectal or vaginal injuries can 3 A tenth unconfirmed incident was reported to response to the proposed rule and result. The severity of injuries depends CPSC, but many details of the incident remain determined to issue a final rule and a on the degree of penetration by the unclear.
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the dive stick would not stand upright The Commission believes that it is ‘‘Because the stick is braced against the in the water. This retrofit was not appropriate to base a rigidity test on a floor, the impact causes a relatively attached to the product at the time of fraction of the weight of a child who is rapid deceleration of the body part the incident.[10] first beginning to walk. Although the which is struck, with the force of the 3. Non-Impalement Injury Data. In youngest child involved in a reported impact concentrated on the small area at addition to genital and rectal injuries, impalement incident was three years the end of the stick.’’ The Human the Commission received reports of four old, if a child can walk independently Factors staff believes that the potential injuries to other body parts that it is possible that he or she might be for impalement injury declines as the occurred when the victim submerged playing in a shallow body of water and angle of impact moves away from the onto the vertical-standing dive stick. As fall onto a dive stick in the same manner vertical. However, the orientation of a discussed in the NPR, the injuries that occurred in the impalement child landing on a stick is variable, and occurred when the children attempted incidents. Children begin to walk on impact at precisely the wrong angle may to retrieve the dive sticks from the their own at about 111⁄2 months. reorient the stick perpendicular to the bottom of the pool. The Commission has Therefore, the test uses the weight of a bottom surface. Thus, slight deviations also received reports of 11 incidents of 10 to 12 month-old child. The weight of of the stick’s position from vertical may victims struck by a thrown dive stick. a 5th percentile 10 to 12 month-old not be adequate to avoid impalement. If Five of these incidents were reported child is 16.5 pounds (7.5 kg). The the angle of the stick is sufficiently since the June 2000 briefing package. Commission believes that a failure away from vertical, both impact in line Seven females and four males were criterion of 5-lbf (approximately 1⁄3 of with the axis and impact at an angle to involved in the incidents. The victims the weight of a 10 to 12 month-old the axis would tend to move the stick ranged in age from 4 years old to 40 child) will provide a margin of safety to and limit the possibility of impalement. years old. One of the recent incidents effectively limit the potential for a The Commission believes that a position involved a foam dive stick as opposed serious impalement injury. at least 45 degrees from vertical would to the recalled dive sticks made of hard The performance test applies a provide a sufficient safety margin to plastic. The foam dive stick was made gradual compression load to the top of effectively limit the potential for of a foam cylinder with a weighted the dive stick for a period of 40 seconds. impalement injuries.[3,6] If the force reaches 5 lbf the dive stick plastic end. The plastic end of the dive F. Alternatives stick is the part that contacted the is too rigid and fails the test. The victim, resulting in a laceration to the Commission is aware that some The Commission has considered other scalp.[2,10] manufacturers are developing dive alternatives to reduce the risk of sticks that are constructed of flexible impalement injury related to dive sticks. E. The Ban material that would pass this test. The However, as discussed below, the The Commission’s rule will ban dive Commission believes that such flexible Commission does not believe that any of articles would not pose an impalement sticks with certain hazardous these would adequately reduce the risk hazard.[5,7] characteristics. Although voluntary of injury. Commission staff tested samples of recalls have removed most, if not all, of both rigid and flexible dive sticks. The 1. Voluntary Recalls. Before beginning these products from the market for the flexible dive sticks began deflecting this proceeding the Commission present time, the Commission is almost immediately. The maximum negotiated voluntary recalls with many concerned that, without a rule banning force remained under 5 lbf, which was companies that manufactured or them, they could reappear on the achieved in under 10 seconds. When the imported dive sticks, and many other market. compression load was applied for a total firms voluntarily removed their dive The rule will ban dive sticks that (1) of 40 seconds, the dive stick bent sticks from the market. One alternative are rigid, (2) submerge to the bottom of significantly and the force readings to the banning rule is for the a pool of water, and (3) stand upright in dropped further from the recorded Commission to continue pursuing water. After considering the reported maximum force. In contrast to the recalls on a case-by-case basis. However, impalement injuries, the Commission flexible dive sticks, maximum force it appears that the impalement hazard is believes that these are the essential readings for rigid dive sticks exceeded present in all dive sticks that have the characteristics that create the 25-lbf in less than 3 seconds, with no hazardous characteristics the staff has impalement hazard. Dive sticks and noticeable bending.[7] identified. The hazard is not limited to similar articles that do not have these All confirmed impalement injuries one particular model or brand. characteristics, as well as dive rings and occurred with dive sticks that had Therefore, a rule banning all dive sticks dive disks, are still allowed. submerged to the bottom of a pool of with the identified characteristics is All dive stick impalement incidents water. It is unlikely that a child falling more efficient. While the recalls have and other rectal or vaginal impalement onto a dive stick floating on the water removed hazardous dive sticks from the cases reported in the medical literature would suffer impalement. A floating market for now, proceeding with future involved objects that were rigid. The dive stick is likely to move away before recalls in the absence of a banning rule staff is not aware of any impalement the child’s body strikes the bottom of would allow hazardous dive sticks to injuries to the perineum that involved a the pool.[3,6] return to the market until the flexible object. In order to prevent The vertical orientation of a Commission had a chance to act on the serious injuries, the dive stick should be submerged dive stick is a key factor in new dive sticks.[8,12] of sufficient flexibility that it would these impalement incidents. The 2. Voluntary Standard. Currently, bend to a degree that prevents Commission’s Human Factors staff there is no applicable voluntary penetration when impact occurs with examined the reported incidents and standard, nor was one submitted in the perineal area. The staff developed a concluded that when force is applied in response to the ANPR or the NPR. test to distinguish dive sticks that are line with the long axis of the dive sticks Moreover, because dive sticks are sufficiently flexible so as to effectively (as it is when a child lands on it in a relatively inexpensive and easy to limit the potential for serious vertical position), the sticks do not manufacture, compliance with a impalement injury. move. According to Human Factors, voluntary standard may be low.[8,12]
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3. Labeling. One alternative to a those likely to be affected; (2) a $52,700 a year since 1990. This is a low banning rule would be to require description of alternatives considered estimate of the total societal cost cautionary labeling for dive sticks. Most by the Commission, a discussion of their because it is based only on the cases dive sticks carry some warnings costs and benefits, and a brief known to CPSC. There may have been regarding small parts (in reference to the explanation of why they were not other injuries of which CPSC is not end caps); instructions to use only chosen; and (3) a discussion of any aware. under the supervision of a competent significant issues raised by comments A useful measure for analytical swimmer, and/or warning against diving on the preliminary regulatory analysis purposes is the annual average injury in shallow water. In order for a label published with the proposed rule. 15 cost per dive stick. This estimate is warning of the impalement hazard to be U.S.C. 1261(i). The following discussion derived by dividing the average annual fully effective, consumers must notice, addresses these requirements. societal costs of injuries by the average read, and understand it, then comply 2. Potential Benefits of a Rule Banning number of dive sticks in use each year. with it 100% of the time. People are less Certain Dive Sticks As discussed earlier, the average likely to comply with a warning if the number of dive sticks in use each year connection between the product and the When used in shallow water, rigid from 1990 to 1999 ranged from about 3 injury potential is not clear, if they dive sticks that stand upright in water million units (assuming a 1 year product cannot imagine what the injury is, or if can cause serious impalement injuries life) to about 5.5 million units they do not fully understand how to to the perineum. The CPSC is aware of (assuming a 4 year product life). avoid the hazard. As the impalement eight confirmed impalement injuries Therefore, the annual societal costs of hazard presented by dive sticks is not that occurred prior to the 1999 recall. A dive stick injuries may range from about apparent, the label would have to ninth injury occurred in April 2000. one cent per dive stick in use ($52,700 convey clearly that severe rectal or However, because the recall of dive ÷ 5.5 million) to 2 cents per dive stick genital injuries can result if children sticks had an unknown impact on the in use ($52,700 ÷ 3 million). jump into the water and land on the number of dive sticks in use, this Since dive sticks may last from one to sticks. Further, a ‘‘safe’’ water depth analysis of the societal costs of dive four years, the societal costs of injuries would have to be identified to give stick injuries is limited to the eight per dive stick over the entire life of the consumers adequate information on occurring from 1990 through 1999.4 All dive stick range from about 2 cents which to base their purchasing decision. victims received medical attention after ($0.02 × 1 year) to about 4 cents ($.01 A label that meets these criteria could the injury and at least five required × 4 years). Since the benefit of a ban on have a significant impact at the point of surgery. In one case a temporary certain dive sticks is the reduction in purchase, but would need to be colostomy was performed. The CPSC is the societal cost of the injuries, the reinforced with an on-product warning. aware of 17 non-impalement injuries benefits of a ban that eliminates these It would be difficult, however, to associated with dive sticks. Four of injuries is about 2 to 4 cents per banned develop a label that is highly noticeable these incidents involved submerged dive stick removed from or prevented and easy to read because of the small dive sticks and resulted in lacerations from entering the market. and typically curved surface area of the that required stitches or surgical glue to The average total annual cost of dive dive stick. Moreover, a label may not close. Although the rule is not directly stick injuries of $52,700 is based on last the life of the product because it is aimed at reducing these injuries, some known injury cases from 1990 to 1999. used in water. In contrast, the of these injuries may have been However, as noted earlier, dive stick effectiveness of banning hazardous dive prevented by the rule. sales increased from less than 1 million sticks is not in question, because the The reduction in the societal costs of per year to about 5 million. If rigid dive impalement hazard would be injuries represents the societal benefits sticks that stand upright in water had minimized or eliminated.[3, 8, 12] of a ban on certain dive sticks. Based on not been recalled and their annual sales 4. Change in Scope. A final estimates from the CPSC’s Injury Cost had leveled off at about 5 million units alternative considered was to modify Model, the costs of impalement injuries, annually (the sales volume in the late the scope of the rule so that it would such as those from dive sticks, may 1990s), the product population model apply only to pre-weighted dive sticks. range from about $9,000 for injuries that indicates that the number of dive sticks However, it is easy to add weight to do not require hospitalization to about in use would have reached 8 to 20 certain unweighted dive sticks by filling $100,000 for injuries that require million units within the next few years. them with water, sand or similar hospitalization. These estimates are Since we estimated that the societal cost materials so that they too can stand based on the costs of injuries involving of injuries per dive stick in use was vertically at the bottom of a pool. punctures or lacerations to the victims’ about 1 to 2 cents, this indicates that the Because such unweighted dive sticks lower trunk or pubic region for children annual cost of dive stick impalement can pose the same risk as pre-weighted 5 to 9 years-of-age (the age range of the injuries would have reached ones, the Commission is including them known victims). These cost estimates approximately $160,000 ($0.02 × 8 in the rule. include the cost of medical treatment, million) to $200,000 ($0.01 × 20 million) pain and suffering, lost work time G. Final Regulatory Analysis per year had these dive sticks not been (including that lost by parents and recalled. caregivers), and legal and liability costs. 1. Introduction The benefits of eliminating dive stick If we assume that the only cases that The Commission has determined to injuries most directly affect households required hospitalization were the 5 ban dive sticks with certain hazardous with children, since all victims have incidents that required surgery, the total characteristics. Section 3(i) of the FHSA been 9 years old or younger. However, societal costs of the known incidents are requires the Commission to prepare a since medical costs are generally pooled about $527,000 (5 cases × $100,000 and final regulatory analysis containing (1) a through insurance, and some of the 3 cases × $9,000) or an average of description of the potential benefits and benefits include a reduction in lost costs of the rule, including any benefits 4 An estimate of the number of dive sticks in use worktime of caregivers, the monetary or costs that cannot be quantified in in needed to estimate the pre-regulatory risk of benefits of the proposed rule would be monetary terms and the identification of injury that will be addressed by the regulation. diffused through society as a whole.
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3. Potential Costs of the Rule utility, if any, is unlikely to be on a dive stick is not conducive to Rigid dive sticks that stand upright significant. designing an effective warning label. were removed from the U.S. market in 4. Alternatives Considered (c) Changing the Scope. The scope of 1999 when the Commission recalled The Commission considered several the rule could be modified so that it dive sticks. Since then, when the CPSC alternatives to issuing this rule to ban applies only to pre-weighted dive sticks. has become aware of a rigid dive stick certain dive sticks. These included (1) However, the staff found that consumers that stands upright being available in taking no action and relying on a could weight some unweighted dive this country, the staff has taken action voluntary standard or section 15 sticks so that they stood vertically in under the authority of section 15 of the actions, (2) a labeling only requirement, water. These products would then FHSA to remove the dive stick from the and (3) changing the scope of the present exactly the same impalement market. The rule being issued now products subject to the ban. hazard as the pre-weighted dive sticks. promulgates a ban on these dive sticks (a) Taking No Action and Relying on 5. Significant Issues Raised by and establishes a performance standard a Voluntary Standard or Section 15 Comments on Preliminary Regulatory for dive sticks. The performance Activities. The Office of Compliance has Analysis standard establishes criteria for successfully negotiated recalls with distinguishing dive sticks that are many of the firms that manufactured or The Commission did not receive any unlikely to pose impalement risks (and imported the dive sticks. Other firms for comments concerning the preliminary so are not banned) from dive sticks that which recalls were not negotiated have regulatory analysis. may impose impalement risks (and voluntarily ceased distributing these therefore, are banned). dive sticks. However, since it is H. Regulatory Flexibility Certification Manufacturers that produced the relatively easy for firms to enter this banned dive sticks (or that continue to market, new firms could begin selling Under the Regulatory Flexibility Act produce these dive sticks for sale in non-complying dive sticks in the (‘‘RFA’’), when an agency issues a other countries) will incur some costs to absence of a standard. CPSC is aware of proposed rule it generally must prepare modify their products to conform to the at least one firm that was not involved an initial regulatory flexibility analysis requirements of the rule. The CPSC staff in the June 1999 recall but was describing the impact the proposed rule believes that the modifications can be distributing dive sticks after June 1999. is expected to have on small entities. 5 made with minimal impact on tooling The Commission could continue to U.S.C. 603. The RFA does not require a and other production processes. For use its Section 15 authority to recall regulatory flexibility analysis if the head example, some manufacturers may be hazardous dive sticks when they are of the agency certifies that the rule will able to continue to use the same molds found instead of banning them outright. not have a significant effect on a that they used for rigid dive sticks, but However, this approach would require substantial number of small entities. 5 with a softer or more flexible plastic. the CPSC staff to make a determination U.S.C. 605(b). For the reasons discussed Other manufacturers may be able to use that a product was hazardous each time below, the Commission made this the same material as before but adjust a new dive stick was introduced to the certification in the NPR. the center of gravity of the dive sticks market. Additionally, without a Although most of the firms that so that they do not stand upright in standard, potentially hazardous manufactured or imported dive sticks water. Consequently, it seems products would be available to are small businesses, staff analysis reasonably likely that when the consumers while CPSC staff were suggests that the rule is unlikely to have incremental cost of the changes are making this determination. spread over large production runs, the There is no voluntary standard for a significant effect on any businesses, cost will be no more than the benefits— dive sticks that addresses the large or small. Most manufacturers 2 to 4 cents per dive stick impalement hazard, nor was a proposed removed their dive sticks from the manufactured.5 standard submitted in response to the market in response to the 1999 recalls. The ban on rigid dive sticks that stand NPR. Even if one were developed, it Some manufacturers have already taken upright may reduce consumer utility if would be difficult to enforce since dive steps to redesign their products. If the consumers prefer the banned dive sticks sticks are relatively easy to manufacture redesigned products conform to the to the substitute products (i.e., dive and new firms could easily begin rule, the manufacturers would not incur sticks that do not stand upright, flexible distributing the product. Therefore, any additional costs. In addition, as dive sticks, dive rings, dive disks, and compliance with a voluntary standard discussed above, the costs of the rule are so on). However, because these may be low. likely to be small. Finally, dive sticks substitute products serve essentially the (b) Labeling Only Requirement. The probably account for only a small same purposes and would cost about the staff explored the possibility of a percentage of any individual firm’s same,6 the negative impact on consumer warning label instead of a ban. sales. Several dive stick manufacturers However, according to the market various types of pool or other 5 Manufacturers that enter the dive stick market Commission’s Human Factors staff, a toys. Others have additional product after the rule goes into effect may not incur any warning label is the least effective lines such as pool supplies and additional costs associated with ‘‘redesigning’’ dive sticks because they would design their products approach to reducing the number of equipment. Additionally, most of the from the start to comply with the rule’s injuries. A label that is highly visible firms that manufactured or imported requirements. and clearly communicates the hazard dive sticks also distribute similar toys 6 Dive rings appeared to retail for approximately could have a significant impact at the (such as dive rings and disks and certain the same price per package as dive sticks, but there dive eggs that do not rest vertically on are generally fewer dive rings per package than dive point of purchase. However, a label on sticks. For example, packages of dive sticks often the package would not remain with the the bottom) that would not be covered contained 6 dive sticks; packages of dive rings product after the sale, and because the by the ban. If firms stopped producing seldom contain more than 4 rings. The retail prices product is intended for use in the water, and selling dive sticks, sales of these of dive disks appear to be roughly equal to the retail substitute products may increase, prices of dive sticks. Modified dive sticks (that are it is likely that any label attached to the either not rigid or that do not stand upright) retail product itself would not last the life of offsetting any loss due to a ban on dive for close to the prices of the banned dive sticks. the product. Moreover, the surface area sticks.[8,12]
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I. Environmental Considerations agencies such as CPSC. The burdensome alternative that would Pursuant to the National Commission does not expect that the adequately reduce the risk of injury. 15 Environmental Policy Act, and in rule will have any substantial direct U.S.C. 1262(i)(2). The Commission accordance with the Council on effects on the States, the relationship considered pursuing voluntary recalls, Environmental Quality regulations and between the national government and following a voluntary standard, CPSC procedures for environmental the States, or the distribution of power requiring labeling or changing the scope review, the Commission assessed the and responsibilities among various of the rule. A banning rule would be levels of government. more effective than case-by-case recalls possible environmental effects because the impalement hazard affects associated with the rule banning certain K. Effective Date all dive sticks, not a specific brand or dive sticks. The rule will become effective 30 model. Awaiting recalls would allow The Commission’s regulations state days from publication in the Federal these hazardous items on the market that rules providing design or Register and will apply to dive sticks until the Commission obtained recalls. performance requirements for products entering the chain of distribution on or As explained above, no applicable normally have little or no potential for after that date. As stated in the NPR, the voluntary standard exists, and affecting the human environment. 16 Commission believes a 30-day effective compliance may be low if one did. CFR 1021.5(c)(1). Nothing in this rule date is appropriate because (1) due to Although labeling could help reduce the alters that expectation. Therefore, the 1999 recalls, few, if any, hazardous risk of injuries from dive sticks, it because the rule would have no adverse dive sticks should be currently on the would be less effective than a banning effect on the environment, neither an market; (2) redesigning products to rule. It may be difficult for a label to environmental assessment nor an comply with the rule should be fairly convey the necessary information at the environmental impact statement is simple; and (3) substitute products are time of use. Modifying the scope so that required.[8,12] readily available.[1,8,9] the rule would only apply to pre- J. Executive Orders L. Commission Findings weighted dive sticks would continue to permit hazardous items because the According to Executive Order 12988 For the Commission to issue a rule unweighted dive sticks can easily be (February 5, 1996), agencies must state under section 2(q)(1) of the FHSA weighted to stand vertically at the the preemptive effect, if any, of new classifying a substance or article as a bottom of the water. Thus, the regulations. banned hazardous substance, the Commission finds that a ban of dive The FHSA provides that, generally, if Commission must make certain findings sticks with the hazardous characteristics the Commission issues a banning rule and include these findings in the it has identified is the least burdensome under section 2(q) of the FHSA to regulation. 15 U.S.C. 1262(i)(2). alternative that would adequately protect against a risk of illness or injury Accordingly, the Commission makes the reduce the risk of injury. associated with a hazardous substance, following findings. ‘‘no State or political subdivision of a Voluntary standard. The FHSA List of Subjects in 16 CFR Part 1500 State may establish or continue in effect requires the Commission to make Consumer protection, Hazardous a requirement applicable to such certain findings concerning compliance materials, Hazardous substances, substance and designed to protect with and adequacy of a voluntary Imports, Infants and children, Labeling, against the same risk of illness or injury standard if a relevant voluntary Law enforcement, and Toys. unless such requirement is identical to standard has been adopted and the requirement established under such implemented. Id. The Commission is Conclusion regulations.’’ 15 U.S.C. 1261n(b)(1)(B). not aware of any voluntary standards For the reasons stated above, the Upon application to the Commission, a addressing the risk of injury posed by Commission concludes that the dive State or local standard may be excepted dive sticks. Therefore, no findings sticks described in this rule are from this preemptive effect if the State concerning voluntary standards are hazardous substances under section or local standard (1) provides a higher necessary. 2(f)(1)(D) of the FHSA. They are degree of protection from the risk of Relationship of benefits to costs. The intended for children and present a injury or illness than the FHSA standard FHSA requires the Commission to find mechanical hazard because their design and (2) does not unduly burden that the benefits expected from a or manufacture presents an interstate commerce. In addition, the regulation bear a reasonable relationship unreasonable risk of injury. 15 U.S.C. Federal government, or a State or local to its costs. Id. The Commission 1261(s). Therefore, the Commission government, may establish and continue estimates the potential benefits of amends title 16 of the Code of Federal in effect a non-identical requirement removing hazardous dive sticks from the Regulations as follows: that provides a higher degree of market to be 2 to 4 cents per dive stick. protection than the FHSA requirement With the availability of substitutes and PART 1500—HAZARDOUS for the hazardous substance for the the expected low cost of modifying dive SUBSTANCES AND ARTICLES: Federal, State or local government’s sticks to conform to the rule, the ADMINISTRATION AND own use. 15 U.S.C. 1261n(b)(2). Commission anticipates that necessary ENFORCEMENT REGULATIONS Thus, with the exceptions noted changes will be minimal. The 1. The authority for part 1500 above, the rule banning certain dive Commission estimates that the costs of continues to read as follows: sticks would preempt non-identical the rule will be no more than 2 to 4 state or local requirements applicable to cents per dive stick. Thus, the Authority: 15 U.S.C. 1261–1278. dive sticks designed to protect against Commission finds that there is a 2. Section 1500.18 is amended to add the same risk of injury. reasonable relationship between the a new paragraph (a)(18) to read as The Commission has also evaluated expected benefits of the rule and its follows: this rule in light of the principles stated costs. in Executive Order 13132 concerning Least burdensome requirement. The § 1500.18 Banned toys and other banned federalism, even though that Order does FHSA requires the Commission to find articles intended for use by children. not apply to independent regulatory that a regulation imposes the least (a) * * *
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(18)(i) Dive sticks, and other similar Although labeling could help reduce the underwater and wait for the dive stick articles, that are used in swimming risk of injuries from dive sticks, it to come to rest if there is any water pools or other water environments for would be less effective than a banning disturbance. Determine whether the such activities as underwater retrieval rule. It may be difficult for a label to long axis of the dive stick is greater than games or swimming instruction, and convey the necessary information at the or less than 45 degrees from vertical. which, when placed in the water, time of use. Modifying the scope so that (8) Dive sticks and similar articles submerge and rest at the bottom of the the rule would only apply to pre- described in § 1500.18(a)(18) in which pool. This includes products that are weighted dive sticks would continue to the maximum force measured in the pre-weighted to sink to the bottom and permit hazardous items because the following test method is less than 5–lbf products that are designed to allow the unweighted dive sticks can easily be [22N]. The test shall be conducted in the user to adjust the weight. Dive sticks weighted to stand vertically at the ambient environment of the laboratory and similar articles that come to rest bottom of the water. Thus, the and not under water. underwater at an angle greater than 45 Commission finds that a ban of dive (i) Test equipment. degrees from vertical when measured sticks with the hazardous characteristics (A) A compression rig that has a force under the test at § 1500.86(a)(7) and it has identified is the least burdensome gauge or equivalent device that is dive sticks and similar articles that alternative that would adequately calibrated for force measurements maintain a compressive force of less reduce the risk of injury. within a minimum range of 0 to 5 lbf [0– than 5-lbf under the test at 22 N] and with an accuracy of ±0.1 lbf * * * * * ± § 1500.86(a)(8) are exempt from this 3. Section 1500.86 is amended to add [ 0.44 N] or better. The test rig shall banning rule. Articles that have a new paragraphs (a)(7) and (8) to read as have a system to guide this force continuous circular shape, such as dive follows: application in the vertical direction and rings and dive disks are also exempt. shall have a means to adjust the rate of (ii)(A) Findings. In order for the § 1500.86 Exemptions from classification load application. Commission to issue a rule under as a banned toy or other banned article for (B) Compression disk—the loading section 2(q)(1) of the FHSA classifying use by children. device that is attached to the force gauge a substance or article as a banned (a) * * * shall be a rigid metal disk with a hazardous substance, the Commission (7) Dive sticks and similar articles minimum diameter of 1.125 inches [29 must make certain findings and include described in § 1500.18(a)(18) that come mm]. these findings in the regulation. 15 to rest at the bottom of a container of (C) Vise or other clamping device. U.S.C. 1262(i)(2). These findings are water in a position in which the long (ii) Testing procedure discussed in paragraphs (a)(18)(ii)(B) axis of the article is greater than 45 (A) Position the bottom of the dive through (D) of this section. degrees from vertical when measured in stick in the clamping device so that the (B) Voluntary standard. No findings accordance with the following test longest axis of the dive stick is vertical. concerning compliance with and method: The bottom end of the dive stick is the adequacy of a voluntary standard are (i) Test equipment. end that sinks to the bottom of a pool necessary because no relevant voluntary (A) A container that is filled with tap of water. Secure the bottom of the dive standard addressing the risk of injury water to a depth at least 3 inches [76 stick in the clamp such that the posed by dive sticks has been adopted mm] greater than the longest dimension clamping mechanism covers no more and implemented. of the dive stick. The container shall: than the bottom 1⁄2 inch [13 mm] of the (C) Relationship of benefits to costs. (1) Be sufficiently wide to allow the dive stick. The Commission estimates the potential dive stick to lie along the bottom with (B) Apply a downward force at a rate benefits of removing hazardous dive its long axis in a horizontal position, of 0.05 in/sec (±0.01 in/sec) [1.3 mm.sec sticks from the market to be 2 to 4 cents (2) Have clear side walls to permit ±0.3 mm/sec] at the top of the dive stick per dive stick. With the availability of observation of the dive stick under with the compression disk positioned so substitutes and the expected low cost of water, and that the plane of the disk contact surface modifying dive sticks to conform to the (3) Be placed on a level surface and is perpendicular to the long axis of the rule, the Commission anticipates that have a flat bottom. dive stick. necessary changes will be minimal. The (B) A protractor or other suitable (C) Apply the load for a period of 40 Commission estimates that the costs of angle measurement device that has an seconds or until the maximum recorded the rule will be no more than 2 to 4 indicator for 45 degrees from vertical. force exceeds 5-lbf [22 N]. cents per dive stick. Thus, the (ii) Testing procedure (D) Record the maximum force that Commission finds that there is a (A) If the dive stick is sold such that was measured during the test. reasonable relationship between the the consumer is required to attach an Dated: March 1, 2001. expected benefits of the rule and its additional component(s) to the dive Sadye E. Dunn, costs. stick, then the product shall be tested Secretary, Consumer Product Safety (D) Least burdensome requirement. both with and without the Commission. The Commission considered pursuing attachment(s). voluntary recalls, following a voluntary (B) From just above the water surface, List of Relevant Documents standard, requiring labeling or changing drop the dive stick into the container. 1. Briefing memorandum from Ronald the scope of the rule. A banning rule (C) Let the dive stick sink and come Medford, AED, Office of Hazard would be more effective than case-by- to rest at the bottom of the container. If Identification and Reduction and Scott Heh, case recalls because the impalement the dive stick is designed so that the Project Manager, Directorate for Engineering hazard affects all dive sticks, not a weight can be adjusted by adding water Sciences, to the Commission, ‘‘Dive Sticks,’’ specific brand or model. Awaiting or other substance, adjust the weight so June 8, 2000. recalls would allow these hazardous 2. Memorandum from Debra Sweet, that the dive stick sinks and comes to Directorate for Epidemiology, to Scott Heh, items on the market until the rest with its long axis positioned as Project Manager, ‘‘Injury Data Related to Dive Commission obtained recalls. No close to vertical as possible. Sticks,’’ March 21, 2000. applicable voluntary standard exists, (D) Align the angle measurement 3. Memorandum from Catherine A. and compliance may be low if one did. device alongside the dive stick Sedney, Division of Human Factors, to Scott
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Heh, Project Manager, ‘‘Human Factors involves adding related limitations to containing added electrolytes (61 FR Assessment of Dive Sticks,’’ April 10, 2000. our regulations on dimethyl 26786, May 29, 1996); and in 4. Comment Received in Response to the dicarbonate. This action is in response carbonated, dilute beverages containing ANPR, Steve Hutchison, Department of Fair to a petition filed by Bayer Co. Trading, NSW Consumer Protection Agency, juice, fruit flavor, or both, with juice Australia, dated August 30, 1999. DATES: This rule is effective March 7, content not to exceed 50 percent (61 FR 5. Memorandum from Scott Heh, Project 2001. Submit written objections and 26786, May 29, 1996). In addition, there Manager, to File, ‘‘Banning Definition and requests for a hearing by April 6, 2001. is an effective notification for the use of Test Methods for Dive Sticks,’’ May 3, 2000. ADDRESSES: Submit written objections to DMDC as a microbial control agent in 6. Memorandum from Catherine A. the Dockets Management Branch (HFA– noncarbonated juice beverages Sedney, Division of Human Factors, to Scott 305), Food and Drug Administration, containing up to and including 100 Heh, Project Manager, ‘‘Prevention of Impalement Injuries: Specification of the 5630 Fishers Lane, rm. 1061, Rockville, percent juice (FCN 0035, June 9, 2000). MD 20852. Position of Dive Sticks in Water,’’ January 27, II. Evaluation of Safety 2000. FOR FURTHER INFORMATION CONTACT: 7. Memorandum from Suad Nakamura, Martha D. Peiperl, Center for Food DMDC is used in the beverage Ph.D., Physiologist, Division of Health Safety and Applied Nutrition (HFS– industry for supplemental microbial Sciences, and Scott Heh, Mechanical 215), Food and Drug Administration, control in beverages during the final Engineer, Directorate for Engineering 200 C St. SW., Washington, DC 20204, Sciences, to File, ‘‘Development of an stages of filling. It is added to beverages, Exemption for Non-rigid Dive Sticks,’’ May 3, 202–418–3077. whose viable microorganism load was 2000. SUPPLEMENTARY INFORMATION: previously reduced by other 8. Memorandum from Robert Franklin, I. Introduction technologies, immediately prior to Economist, Directorate for Economic bottling, canning, or other forms of final Analysis, to Scott Heh, Project Manager, In a notice published in the Federal packaging. To ensure its safe use, the ‘‘Preliminary Regulatory Analysis: Dive Register of March 7, 2000 (65 FR agency set the maximum amount of Sticks,’’ May 18, 2000. 12014), FDA announced that a food 9. Briefing memorandum from Ronald DMDC that may be added to food at 250 additive petition (FAP 0A4718) had parts per million (ppm). DMDC is Medford, AED, Office of Hazard been filed by Bayer Co., c/o McKenna & Identification and Reduction and Scott Heh, currently approved under Cuneo LLP, 1900 K St. NW., Project Manager, Directorate for Engineering § 172.133(b)(1) and (b)(2) as an inhibitor Washington, DC 20006–1108. The Sciences, to the Commission, ‘‘Dive Sticks,’’ of yeast in various beverages under petition proposed to amend the food February 15, 2001. normal circumstances of bottling or 10. Memorandum from Debra Sweet, additive regulations in § 172.133 canning where the viable yeast count Directorate for Epidemiology, to Scott Heh, Dimethyl dicarbonate (21 CFR 172.133) Project Manager, ‘‘Injury Data Related to Dive both to provide for the safe use of has been reduced to 500 per milliliter Sticks,’’ January 30, 2001. DMDC in noncarbonated juice beverages (mL) or less by current good 11. Memorandum from Scott Heh, Project containing up to and including 100 manufacturing practices. DMDC is also Manager, to File, ‘‘Comment Responding to percent juice and to provide for a more approved under § 172.133(b)(3) and the NPR on Dive Sticks,’’ January 24, 2001. (b)(4) as an inhibitor of yeast in 12. Memorandum from Robert Franklin, descriptive term in place of ‘‘inhibitor of yeast,’’ for the safe use of DMDC. additional beverages. During its review Economist, Directorate for Economic of the subject petition, FDA found that Analysis, to Scott Heh, Project Manager, In a notice published in the Federal ‘‘Final Regulatory Analysis: Dive Sticks,’’ Register of September 27, 2000 (65 FR restrictions given in paragraphs (b)(1) February 14, 2001. 58091), FDA announced that it was and (b)(2) were inadvertently omitted from paragraphs (b)(3) and (b)(4). [FR Doc. 01–5478 Filed 3–6–01; 8:45 am] amending the filing notice of March 7, 2000, to clarify that the proposed BILLING CODE 6355–01–P Bayer Co. petitioned the agency to amendment to provide for a more change the term ‘‘inhibitor of yeast’’ to descriptive term in place of ‘‘inhibitor of ‘‘microbial control agent’’ to better yeast,’’ for the safe use of DMDC will describe the actual functional effect of DEPARTMENT OF HEALTH AND also involve adding related limitations HUMAN SERVICES DMDC (at levels up to 250 ppm) in to § 172.133. In the September 27, 2000, beverages during the final stages of Food and Drug Administration notice, FDA also announced that the filling. In support of the more petitioner’s additional request, to amend descriptive term ‘‘microbial control 21 CFR Part 172 the food additive regulations to provide agent,’’ the petitioner provided studies for the safe use of DMDC in of the effect of DMDC (at levels up to [Docket No. 00F–0812] noncarbonated juice beverages 250 ppm) on various yeast strains and containing up to and including 100 Food Additives Permitted for Direct on Escherichia coli 0157:H7 in several percent juice, was converted to a food- noncarbonated juice beverages. Addition to Food for Human contact substance notice (FCN 0035) (21 Consumption; Dimethyl Dicarbonate U.S.C. 348(h)(5)). Subsequently, this In its review of the proposed use of the term ‘‘microbial control agent,’’ the AGENCY: Food and Drug Administration, request was withdrawn from the HHS. petition as of the effective date of FCN agency evaluated the information submitted with FAP 0A4718, as well as ACTION: Final rule. 0035 (June 9, 2000). DMDC is currently listed in § 172.133 previously submitted information. FDA SUMMARY: The Food and Drug for use as a yeast inhibitor in wine, has determined that DMDC is effective Administration (FDA) is amending the dealcoholized wine, and low alcohol in microbial control for beverages under food additive regulations to provide for wine (53 FR 41325, October 21, 1988; normal circumstances of bottling, a more descriptive term, in place of and 58 FR 6088, January 26, 1993); in canning, and other forms of final ‘‘inhibitor of yeast,’’ for the safe use of ready-to-drink teas (59 FR 5317, packaging where the viable dimethyl dicarbonate (DMDC). The February 4, 1994); in carbonated or microorganism load has been reduced to more descriptive term is ‘‘microbial noncarbonated, nonjuice-containing 500 microorganisms/mL or less by control agent.’’ This document also flavored or unflavored beverages current technologies.
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III. Conclusion hearing is requested shall specifically so (2) In ready-to-drink teas in an FDA has evaluated the data in the state. Failure to request a hearing for amount not to exceed 250 parts per petition and other relevant material. any particular objection shall constitute million. Based on this information, the agency a waiver of the right to a hearing on that (3) In carbonated or noncarbonated, concludes that: (1) The proposed objection. Each numbered objection for nonjuice-containing (less than or equal renaming of the use of the additive is which a hearing is requested shall to 1 percent juice), flavored or appropriate provided that related include a detailed description and unflavored beverages containing added limitations are added to § 172.133, (2) analysis of the specific factual electrolytes (5–20 milliequivalents/liter the uses of the additive specified in this information intended to be presented in sodium ion (Na+) and 3–7 section remain safe, (3) the additive will support of the objection in the event milliequivalents/liter potassium ion achieve its intended technical effect, that a hearing is held. Failure to include (K+)) in an amount not to exceed 250 and therefore, (4) the regulations in such a description and analysis for any parts per million. § 172.133 should be amended as set particular objection shall constitute a (4) In carbonated, dilute beverages forth in this document. waiver of the right to a hearing on the containing juice, fruit flavor, or both, The agency is also taking this objection. Three copies of all documents with juice content not to exceed 50 opportunity to correct an inadvertent are to be submitted and are to be percent, in an amount not to exceed 250 error in and to make editorial changes identified with the docket number parts per million. to § 172.133 in response to the ongoing found in brackets in the heading of this (c) * * * initiative regarding plain language in document. Any objections received in (2) The intended use of the additive. government writing. response to the regulation may be seen (3) Adequate directions for use to In accordance with § 171.1(h) (21 CFR in the Dockets Management Branch ensure compliance with this section. 171.1(h)), the petition and the between 9 a.m. and 4 p.m., Monday Dated: February 20, 2001. documents that FDA considered and through Friday. L. Robert Lake, relied upon in reaching its decision to List of Subjects in 21 CFR Part 172 Director of Regulations and Policy, Center approve the petition are available for for Food Safety and Applied Nutrition. inspection at the Center for Food Safety Food additives, Reporting and [FR Doc. 01–5511 Filed 3–6–01; 8:45 am] and Applied Nutrition by appointment recordkeeping requirements. BILLING CODE 4160–01–F with the information contact person Therefore, under the Federal Food, listed above. As provided in § 171.1(h), Drug, and Cosmetic Act and under the agency will delete from the authority delegated to the Commissioner DEPARTMENT OF HEALTH AND documents any materials that are not of Food and Drugs and redelegated to HUMAN SERVICES available for public disclosure before the Director, Center for Food Safety and making the documents available for Applied Nutrition, 21 CFR part 172 is Food and Drug Administration inspection. amended as follows: IV. Environmental Impact 21 CFR Parts 175, 176, and 178 PART 172—FOOD ADDITIVES [Docket No. 99F–2081] The agency determined subsequent to PERMITTED FOR DIRECT ADDITION the amended filing notice of this TO FOOD FOR HUMAN Indirect Food Additives: Adhesives petition that the categorical exclusion in CONSUMPTION 21 CFR 25.30(i) is no longer appropriate. and Components of Coatings and Paper and Paperboard Components The agency is relying instead on the 1. The authority citation for 21 CFR categorical exclusion in 21 CFR 25.32(k) part 172 continues to read as follows: AGENCY: Food and Drug Administration, for this action. Because this action is of Authority: 21 U.S.C. 321, 341, 342, 348, HHS. a type that does not individually or 371, 379e. ACTION: Final rule. cumulatively have a significant effect on 2. Section 172.133 is amended by the human environment, neither an SUMMARY: redesignating paragraph (c)(2) as The Food and Drug environmental assessment nor an paragraph (c)(3), by adding a new Administration (FDA) is amending the environmental impact statement is paragraph (c)(2), and by revising newly food additive regulations to provide for required. redesignated paragraph (c)(3) and the safe use of butanedioic acid, sulfo- V. Paperwork Reduction Act 1995 paragraph (b), to read as follows: 1,4-diisodecyl ester, ammonium salt as a surface active agent in adhesive This final rule contains no collection § 172.133 Dimethyl dicarbonate. formulations, and in components of of information. Therefore, clearance by * * * * * paper and paperboard intended to the Office of Management and Budget (b) The additive is used or intended contact food. This action is in response under the Paperwork Reduction Act of to a petition filed by Troy Corp. 1995 is not required. for use as a microbial control agent in the following beverages under normal DATES: This rule is effective March 7, VI. Objections circumstances of bottling, canning, or 2001. Submit written objections and Any person who will be adversely other forms of final packaging, where requests for a hearing by April 6, 2001. affected by this regulation may at any the viable microbial load has been ADDRESSES: Submit written objections to time file with the Dockets Management reduced to 500 microorganisms per the Dockets Management Branch (HFA– Branch (address above) written milliliter or less by current good 305), Food and Drug Administration, objections by April 6, 2001. Each manufacturing practices such as heat 5630 Fishers Lane, rm. 1061, Rockville, objection shall be separately numbered, treatment, filtration, or other MD 20852. and each numbered objection shall technologies prior to the use of dimethyl FOR FURTHER INFORMATION CONTACT: specify with particularity the provisions dicarbonate: Mark A. Hepp, Center for Food Safety of the regulation to which objection is (1) In wine, dealcoholized wine, and and Applied Nutrition (HFS–215), Food made and the grounds for the objection. low alcohol wine in an amount not to and Drug Administration, 200 C St. SW., Each numbered objection on which a exceed 200 parts per million. Washington, DC 20204, 202–418–3098.
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SUPPLEMENTARY INFORMATION: In a notice and therefore, that the regulations in include a detailed description and published in the Federal Register of §§ 175.105, 175.125, 176.170, 176.180, analysis of the specific factual July 2, 1999 (64 FR 36021), FDA and 178.3400 should be amended as set information intended to be presented in announced that a food additive petition forth below. support of the objection in the event (FAP 9B4678) had been filed by Troy In accordance with § 171.1(h) (21 CFR that a hearing is held. Failure to include Corp., c/o S. L. Graham & Associates, 171.1(h)), the petition and the such a description and analysis for any 1801 Peachtree Lane, Bowie, MD 20721. documents that FDA considered and particular objection shall constitute a The petition proposed to amend the relied upon in reaching its decision to waiver of the right to a hearing on the food additive regulations in § 175.125 approve the petition are available for objection. Three copies of all documents Pressure-sensitive adhesives (21 CFR inspection at the Center for Food Safety are to be submitted and are to be 175.125) to provide for the safe use of and Applied Nutrition by appointment identified with the docket number butanedioic acid, sulfo-1,4-diisodecyl with the information contact person found in brackets in the heading of this ester, ammonium salt as a surface active listed above. As provided in §171.1(h), document. Any objections received in agent in pressure sensitive adhesives. the agency will delete from the response to the regulation may be seen Subsequent to the publication of the documents any materials that are not in the Dockets Management Branch filing notice, the petition was amended available for public disclosure before between 9 a.m. and 4 p.m., Monday to include a proposal to further amend making the documents available for through Friday. the food additive regulations in inspection. List of Subjects §§ 175.105 Adhesives (21 CFR 175.105), The agency has previously considered 176.170 Components of paper and the potential environmental effects of 21 CFR Part 175 paperboard in contact with aqueous and this rule as announced in the notices of Adhesives, Food additives, Food fatty foods (21 CFR 176.170), 176.180 filing for FAP 9B4678. No new packaging. Components of paper and paperboard information or comments have been in contact with dry food (21 CFR received that would affect the agency’s 21 CFR Parts 176 and 178 176.180), and 178.3400 Emulsifiers and/ previous determination that there is no Food additives, Food packaging. or surface active agents (21 CFR significant impact on the human Therefore, under the Federal Food, 178.3400) to provide for the safe use of environment and that an environmental Drug, and Cosmetic Act and under butanedioic acid, sulfo-1, 4-diisodecyl impact statement is not required. authority delegated to the Commissioner ester, ammonium salt as a surface active This final rule contains no collections of Food and Drugs, and redelegated to agent in adhesives, and in paper and of information. Therefore, clearance by the Director, Center for Food Safety and paperboard intended to contact food. the Office of Management and Budget Applied Nutrition, 21 CFR parts 175, Therefore, in a notice published in the under the Paperwork Reduction Act of 176, and 178 are amended as follows: Federal Register of January 3, 2001 (66 1995 is not required. FR 375), FDA announced that it was Any person who will be adversely PART 175—INDIRECT FOOD amending the filing notice of July 2, affected by this regulation may at any ADDITIVES: ADHESIVES AND 1999, to indicate that the petitioner time file with the Dockets Management COMPONENTS OF COATINGS requests that the food additive Branch (address above) written regulations be amended to provide for objections by April 6, 2001. Each 1. The authority citation for 21 CFR the safe use of butanedioic acid, sulfo- objection shall be separately numbered, part 175 continues to read as follows: 1,4-diisodecyl ester, ammonium salt as and each numbered objection shall Authority: 21 U.S.C. 321, 342, 348, 379e. a surface active agent in adhesives, specify with particularity the provisions 2. Section 175.105 is amended in the pressure sensitive adhesives, and paper of the regulation to which objection is table in paragraph (c)(5) by and paperboard intended to contact made and the grounds for the objection. alphabetically adding an entry under food. Each numbered objection on which a the headings ‘‘Substances’’ and FDA has evaluated data in the hearing is requested shall specifically so ‘‘Limitations’’ to read as follows: petition and other relevant material. state. Failure to request a hearing for Based on this information, the agency any particular objection shall constitute § 175.105 Adhesives. concludes that the proposed use of the a waiver of the right to a hearing on that * * * * * additive is safe, that the additive will objection. Each numbered objection for (c) * * * achieve its intended technical effect, which a hearing is requested shall (5) * * *
Substances Limitations
******* Butanedioic acid, sulfo-1,4-di-(C9-C11 alkyl) ester, ammonium salt (also For use as a surface active agent in adhesives. known as butanedioic acid, sulfo-1,4-diisodecyl ester, ammonium salt [CAS Reg. No. 144093–88–9]). *******
3. Section 175.125 is amended by known as butanedioic acid sulfo-1, 4- (1) Substances listed in paragraphs adding paragraph (a)(9) and by revising diisodecyl ester, ammonium salt [CAS (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(7), paragraph (b)(1) to read as follows: Reg. No. 144093–88–9]) as a surface (a)(8), and (a)(9) of this section, and active agent at a level not to exceed 3.0 those substances prescribed by § 175.125 Pressure-sensitive adhesives. percent by weight of the finished paragraph (a)(4) of this section that are * * * * * pressure-sensitive adhesive. not identified in paragraph (b)(2) of this (a) * * * section. (9) Butanedioic acid, sulfo-1,4-di-(C9- (b) * * * C11 alkyl) ester, ammonium salt (also * * * * *
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PART 176—INDIRECT FOOD Authority: 21 U.S.C. 321, 342, 346, 348, § 176.170 Components of paper and ADDITIVES: PAPER AND 379e. paperboard in contact with aqueous and PAPERBOARD COMPONENTS 5. Section 176.170 is amended in the fatty foods. table in paragraph (b)(2) by * * * * * 4. The authority citation for 21 CFR alphabetically adding an entry under the headings ‘‘List of Substances’’ and (b) * * * part 176 continues to read as follows: ‘‘Limitations’’ to read as follows: (2) * * *
List of substances Limitations
******* Butanedioic acid, sulfo-1,4-di-(C9-C11 alkyl) ester, ammonium salt (also For use as a surface active agent in package coating inks at levels not known as butanedioic acid, sulfo-1,4-diisodecyl ester, ammonium salt to exceed 3 percent by weight of the coating ink. [CAS Reg. No. 144093–88–9]). *******
6. Section 176.180 is amended in the § 176.180 Components of paper and table in paragraph (b)(2) by paperboard in contact with dry food. alphabetically adding an entry under * * * * * the headings ‘‘List of substances’’ and (b) * * * ‘‘Limitations’’ to read as follows: (2) * * *
List of substances Limitations
******* Butanedioic acid, sulfo-1,4-di-(C9-C11 alkyl) ester, ammonium salt (also For use as a surface active agent in package coating inks at levels not known as butanedioic acid, sulfo-1,4-diisodecyl ester, ammonium salt to exceed 3 percent by weight of the coating ink. [CAS Reg. No. 144093–88–9]). *******
PART 178—INDIRECT FOOD Authority: 21 U.S.C. 321, 342, 348, 379e. § 178.3400 Emulsifiers and/or surface ADDITIVES: ADJUVANTS, 8. Section 178.3400 is amended in the active agents. PRODUCTION AIDS, AND SANITIZERS table in paragraph (c) by alphabetically * * * * * adding an entry under the headings 7. The authority citation for 21 CFR ‘‘List of substances’’ and ‘‘Limitations’’ (c) * * * part 178 continues to read as follows: to read as follows:
List of substances Limitations
******* Butanedioic acid, sulfo-1,4-di-(C9-C11 alkyl) ester, ammonium salt (also For use as a surface active agent as provided in §§ 175.105, 175.125, known as butanedioic acid, sulfo-1,4-diisodecyl ester, ammonium salt 176.170, and 176.180 of this chapter. [CAS Reg. No. 144093–88–9]). *******
* * * * * ACTION: Notice of Acceptability, FOR FURTHER INFORMATION CONTACT: Dated: February 21, 2001. correction; Request for Information, Margaret Sheppard by telephone at L. Robert Lake, correction. (202) 564–9163, by fax at (202) 565– 2141, by e-mail at Director of Regulations and Policy, Center SUMMARY: The Environmental Protection for Food Safety and Applied Nutrition. [email protected], or by mail Agency published in the Federal at U.S. Environmental Protection [FR Doc. 01–5512 Filed 3–6–01; 8:45 am] Register of December 18, 2000, a Notice Agency, Mail Code 6205J, Washington, BILLING CODE 4160–01–S of Acceptability and Request for D.C. 20460. Overnight or courier Information related to the Significant deliveries should be sent to the office New Alternatives Policy (SNAP) location at 501 3rd Street, N.W., ENVIRONMENTAL PROTECTION program. A number of typographical Washington, D.C., 20001. Further AGENCY errors were made inadvertently. In information can be found by calling the addition, a commenter provided 40 CFR Part 82 Stratospheric Protection Hotline at (800) updated information about the 296–1996, or by viewing EPA’s Ozone [FRL–6949–8] flammability of one chemical presented Depletion World Wide Web site at in the notice. This document identifies www.epa.gov/ozone/title6/snap/. Protection of Stratospheric Ozone: and corrects these errors. SUPPLEMENTARY INFORMATION: Notice 14 for Significant New The DATES: Alternatives Policy Program; These corrections are effective Environmental Protection Agency Correction on March 7, 2001. Please submit any published in the Federal Register of information in response to the December 18, 2000 (65 FR 78977), a AGENCY: Environmental Protection December 18, 2000 requests for Notice of Acceptability and Request for Agency. information by May 7, 2001. Information related to the Significant
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New Alternatives Policy (SNAP). In FR end uses of centrifugal and Suite B, Ventura, California, (telephone Doc. 00–31946, published on December reciprocating chillers, remove the 805/644–1766; facsimile 805/644–3958). 18, 2000, a number of typographical references to ‘‘HCFC–12’’ and add For information about southern Los errors were made inadvertently. In ‘‘HCFC–22’’ in their place. Angeles and urban and montane San addition, a commenter provided Dated: February 1, 2001. Bernardino Counties, and Riverside, updated information about the Drusilla Hufford, Orange, and San Diego Counties, contact flammability of one chemical presented Director, Global Programs Division. Ken Berg, Field Supervisor, Carlsbad in the notice, showing that a statement Fish and Wildlife Office, 2730 Loker [FR Doc. 01–5565 Filed 3–6–01; 8:45 am] in the notice was in error. This Avenue West, Carlsbad, California document identifies and corrects these BILLING CODE 6560–50–P 92008 (telephone 760/431–9440; errors. facsimile 760/431–9624). In FR Doc. 00–31946, published on December 18, 2000 (65 FR 78977), in the DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: On ‘‘Supplementary Information’’ section February 7, 2001, the U.S. Fish and make the following corrections: Fish and Wildlife Service Wildlife Service (Service) designated 1. On p. 78978, seventeenth and critical habitat for the arroyo toad (Bufo eighteenth lines from the top of the first 50 CFR Part 17 californicus) pursuant to the column, correct the third bullet in EPA’s RIN 1018–AG15 Endangered Species Act of 1973, as decision for HFE–7100 to read ‘‘CFC–13, amended (Act) (66 FR 9414). A total of R–13B1, and R–503 in very low Endangered and Threatened Wildlife approximately 73,780 hectares (182,360 temperature refrigeration.’’ and Plants: Final Designation of acres) in Monterey, Santa Barbara, 2. On p. 78978, fifth and sixth lines Critical Habitat for the Arroyo Toad; Ventura, Los Angeles, San Bernardino, from the bottom of the first column, Correction Riverside, Orange, and San Diego correct the third bullet in EPA’s Counties, California, is designated as decision for HFE–7200 to read ‘‘CFC–13, AGENCY: Fish and Wildlife Service, critical habitat. Interior. R–13B1, and R–503 in very low As published, the final rulemaking ACTION: Final rule; Correction. temperature refrigeration.’’ contained errors in the title of the 3. On p. 78980, seventh line from the SUMMARY: The final rule to establish Fallbrook Naval Weapons Station and in bottom of the third column under the critical habitat for the arroyo toad was the maps depicting critical habitat for heading ‘‘Flammability Information,’’ published in the Federal Register on units 1–22. In the final rule we remove the sentence, ‘‘HFC–365mfc has February 7, 2001; the effective date for inadvertently referred to the Fallbrook no flash point.’’ Add the following this final rule is March 9, 2001. This Naval Weapons Station as a Reserve. In sentences at the end of that paragraph: document contains corrections to the addition, we mistakenly included draft ‘‘HFC–365mfc has a flash point below maps, rather than the final, of the ¥ ° Final Designation of Critical Habitat for 27 C. This compound is flammable, the Arroyo Toad. These corrections are designated critical habitat. We are but less flammable than hydrocarbon necessary to provide the correct name providing corrected GIS maps. These solvents.’’ for the Fallbrook Naval Weapons Station GIS maps are not the legal descriptions 4. On p. 78981, 32nd line from the top and to clarify the maps provided with of the habitat. We provided legal of the second column under the heading the critical habitat designation. As noted descriptions, as required by regulation ‘‘Flammability Information,’’ remove the in the final rule, the GIS maps are (50 CFR 424.12(c)), with specific limits sentence, ‘‘HFC–365mfc has no flash provided to assist the public in using reference points (UTM point.’’ Add the following sentences at identifying areas that may fall within coordinates) as found on standard the end of that paragraph: ‘‘HFC–365mfc the designation. The legal descriptions topographic maps of the areas; the legal has a flash point below ¥27 °C. This of the critical habitat designation descriptions in the final rule are correct. compound is flammable, but less required by regulation (50 CFR The GIS maps are provided to help the flammable than hydrocarbon solvents.’’ public understand the general location 5. On p. 78984, in the ninth and tenth 424.12(c)) are the UTM coordinates that of the designated critical habitat. lines from the bottom of the third provide specific limits using reference column, correct the reference to the points as found on standard topographic Accordingly, make the following ozone depletion potential of n-propyl maps of the areas. These coordinates corrections to FR Doc. 01–2253 bromide in the tropics to be ‘‘0.087 to and legal descriptions are correct as published at 66 FR 9413 on February 7, 0.105.’’ published in the Federal Register. 2001: 6. On p. 78987, in the ninth and DATES: This correction is effective thirteenth lines from the top of the March 9, 2001. PART 17—[CORRECTED] ‘‘Substitute’’ column in the table, for the FOR FURTHER INFORMATION CONTACT: For end use of very low temperature information about Monterey, San Luis 1. On pages 9427 and 9436, in the refrigeration, remove the reference to Obispo, Santa Barbara, and Ventura middle columns, correct ‘‘Fallbrook ‘‘CFC–113’’ and add ‘‘CFC–13’’ in its Counties, northern Los Angeles County Naval Weapons Reserve’’ to read as place. and the desert portion of San follows: 7. On p. 78988, in the eighth and Bernardino County, contact Diane Noda, Fallbrook Naval Weapons Station fourteenth lines from the top of the Field Supervisor, Ventura Fish and ‘‘Substitute’’ column in the table, for the Wildlife Office, 2394 Portola Road, BILLING CODE 4310–55–P
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2. On page 9453, correct the map for Unit 1 to read as follows:
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3. On page 9454, correct the map for Unit 2 and 3 to read as follows:
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4. On page 9456, correct the map for Unit 4 to read as follows:
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5. On page 9457, correct the map for Unit 5 to read as follows:
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6. On page 9458, correct the map for Unit 6,7, and 20 to read as follows:
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7. On page 9460, correct the map for Unit 8 and 10 to read as follows:
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8. On page 9461, correct the map for Unit 9 and 22 to read as follows:
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9. On page 9463, correct the map for Unit 11, 12, and 14 to read as follows:
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10. On page 9464, correct the map for Unit 13 to read as follows:
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11. On page 9466, correct the map for Unit 15 to read as follows:
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12. On page 9467, correct the map for Unit 16 to read as follows:
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13. On page 9468, correct the map for Unit 17 to read as follows:
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14. On page 9469, correct the map for Unit 18 to read as follows:
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15. On page 9471, correct the map for Unit 19 to read as follows:
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16. On page 9473, correct the map for Unit 21 to read as follows:
BILLING CODE 4310–55–C ACTION: Closure. with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. Dated: February 23, 2001. SUMMARY: NMFS is prohibiting directed The 2001 A season Pacific cod TAC Joseph E. Doddridge, fishing for Pacific cod by vessels apportioned to vessels catching Pacific Acting Assistant Secretary for Fish and catching Pacific cod for processing by cod for processing by the inshore Wildlife and Parks. the inshore component in the Central component in the Central Regulatory [FR Doc. 01–5497 Filed 3–6–01; 8:45 am] Regulatory Area of the Gulf of Alaska Area is 16,335 metric tons (mt) as BILLING CODE 4310–55–P (GOA). This action is necessary to established by the Final 2001 Harvest prevent exceeding the A season amount Specifications and Associated of the Pacific cod total allowable catch Management Measures for the (TAC) apportioned to vessels catching Groundfish Fisheries Off Alaska (66 FR DEPARTMENT OF COMMERCE Pacific cod for processing by the inshore 7276, January 22, 2001). National Oceanic and Atmospheric component of the Central Regulatory Area of the GOA. In accordance with § 679.20(d)(1)(i), Administration the Administrator, Alaska Region, DATES: Effective 1200 hrs, Alaska local NMFS (Regional Administrator), has time (A.l.t.), March 4, 2001, until 1200 50 CFR Part 679 determined that the A season amount of hrs, A.l.t., June 10, 2001. the Pacific cod TAC apportioned to [Docket No. 010112013-1013-01; I.D. FOR FURTHER INFORMATION CONTACT: vessels catching Pacific cod for 030201A] Andrew Smoker, 907–586–7228. processing by the inshore component of Fisheries of the Exclusive Economic SUPPLEMENTARY INFORMATION: NMFS the Central Regulatory Area of the GOA Zone Off Alaska; Pacific Cod by manages the groundfish fishery in the will be reached. Therefore, the Regional Vessels Catching Pacific Cod for GOA exclusive economic zone Administrator is establishing a directed Processing by the Inshore Component according to the Fishery Management fishing allowance of 14,335 mt, and is in the Central Regulatory Area of the Plan for Groundfish of the Gulf of setting aside the remaining 2,000 as Gulf of Alaska Alaska (FMP) prepared by the North bycatch to support other anticipated Pacific Fishery Management Council groundfish fisheries. In accordance with AGENCY: National Marine Fisheries under authority of the Magnuson- § 679.20(d)(1)(iii), the Regional Service (NMFS), National Oceanic and Stevens Fishery Conservation and Administrator finds that this directed Atmospheric Administration (NOAA), Management Act. Regulations governing fishing allowance will soon be reached. Commerce. fishing by U.S. vessels in accordance Consequently, NMFS is prohibiting
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directed fishing for Pacific cod by ACTION: Final rule; correction. Dated: February 27, 2001. vessels catching Pacific cod for William T. Hogarth, SUMMARY: This document corrects processing by the inshore component in Deputy Asst. Administrator for Fisheries, the Central Regulatory Area of the GOA. regulatory text in the final rule that National Marine Fisheries Service. implements a cost recovery program for Maximum retainable bycatch amounts [FR Doc. 01–5559 Filed 3–6–01; 8:45 am] the Individual Fishing Quota (IFQ) may be found in the regulations at BILLING CODE 3510–22–S § 679.20(e) and (f). program for fixed gear halibut and sablefish fisheries in waters in and off Classification of Alaska, which was published in the DEPARTMENT OF COMMERCE This action responds to the best Federal Register on March 20, 2000. available information recently obtained DATES: Effective March 15, 2000. National Oceanic and Atmospheric from the fishery. The Assistant FOR FURTHER INFORMATION CONTACT: Administration Administrator for Fisheries, NOAA, Patsy A. Bearden, 907–586–7008. finds that the need to immediately SUPPLEMENTARY INFORMATION: 50 CFR Part 679 implement this action to prevent Background [Docket No. 000629198-1038-02; I.D. exceeding the amount of the 2001 A 051500D] season Pacific cod TAC specified for the A final rule was published in the inshore component in the Central Federal Register on March 20, 2000 (65 RIN 0648-AM72 Regulatory Area constitutes good cause FR 14919), to implement the IFQ cost Fisheries of the Exclusive Economic to waive the requirement to provide recovery program. In the regulatory text Zone Off Alaska; Western Alaska prior notice and opportunity for public portion of the final rule, the procedure Community Development Quota comment pursuant to the authority set described for payment of IFQ fees Program forth at 5 U.S.C. 553(b)(3)(B) and 50 CFR incorrectly included notarizing the fee 679.20(b)(3)(iii)(A), as such procedures payment section. AGENCY: National Marine Fisheries would be unnecessary and contrary to Need for Correction Service (NMFS), National Oceanic and the public interest. Similarly the need to Atmospheric Administration (NOAA), implement these measures in a timely As published, the final rule contained Commerce. fashion to prevent exceeding the 2001 A an error that must be corrected: ACTION: Final rule. season Pacific cod TAC specified for the List of Subjects in 50 CFR Part 679 inshore component in the Central SUMMARY: NMFS issues a final rule Regulatory Area constitutes good cause Alaska, Fisheries, Reporting and implementing Amendment 66 to the to find that the effective date of this recordkeeping requirements. Fishery Management Plan for the action cannot be delayed for 30 days. Groundfish Fishery of the Bering Sea PART 679—FISHERIES OF THE Accordingly, under 5 U.S.C. 553(d), a and Aleutian Islands Area (FMP) and EXCLUSIVE ECONOMIC ZONE OFF delay in the effective date is hereby defining directed fishing for pollock ALASKA waived. CDQ. Amendment 66 removes the This action is required by § 679.20 Accordingly, 50 CFR part 679 is allocation of squid to the Western and is exempt from review under corrected by making the following Alaska Community Development Quota Executive Order 12866. correcting amendment: (CDQ) Program to prevent the catch of Authority: 16 U.S.C. 1801 et seq. 1. The authority for part 679 squid from limiting the catch of pollock continues to read as follows: CDQ. The regulatory amendment Dated: March 2, 2001. defining directed fishing for pollock Bruce C. Morehead, Authority: 16 U.S.C. 773 et seq., 1801 et CDQ implements the intent of the seq., and 3631 et seq. Acting Director, Office of Sustainable American Fisheries Act (AFA) that only Fisheries, National Marine Fisheries Service. § 679.5 [Corrected] pollock caught while directed fishing [FR Doc. 01–5550 Filed 3–2–01; 3:51 pm] 2. In § 679.5, paragraph for pollock CDQ accrue against the BILLING CODE 3510–22–S (l)(7)(ii)(C)(4)(i) is correctly revised to pollock CDQ allocation. Pollock caught read as follows: incidentally in other groundfish CDQ fisheries will accrue against the pollock DEPARTMENT OF COMMERCE * * * * * (l) * * * incidental catch allowance (ICA) established under the AFA. In addition, National Oceanic and Atmospheric (7) * * * this definition allows NMFS to enforce Administration (ii) * * * (C) * * * closures to directed fishing for pollock CDQ in areas such as Steller Sea Lion 50 CFR Part 679 (4) Fee payment and certification section–(i) Information required. An IFQ conservation area or the Chinook [Docket No. 991207325-0063-02; I.D. permit holder with an IFQ landing must Salmon Savings Area. This action is 100699A] provide his or her NMFS person necessary to implement Amendment 66 identification number and must sign and the CDQ Program-related provisions RIN 0648–AJ52 and date the Fee Payment section and of the AFA. NMFS expects it to further record the following: his or her printed the goals and objectives of the FMP. Fisheries in the Exclusive Economic name; the total annual fee amount as DATES: Effective April 6, 2001. Zone Off Alaska; A Cost Recovery calculated and recorded on the Fee ADDRESSES: Copies of Amendment 66 to Program for the Individual Fishing Calculation page; the total of any pre- Quota Program; Correction the FMP, the two Environmental payments submitted to NMFS that apply Assessment/Regulatory Impact Review/ AGENCY: National Marine Fisheries to the total annual fee amount; the Initial Regulatory Flexibility Analyses Service (NMFS), National Oceanic and remaining balance fee; and the enclosed (EA/RIR/IRFA), or the single Final Atmospheric Administration (NOAA), payment amount. Regulatory Flexibility Analysis (FRFA) Commerce. * * * * * prepared for these actions are available
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from NMFS, Sustainable Fisheries recommendation of the Council, NMFS Comment 1: The CMC questions Division, Alaska Region, NMFS, P.O. proposed that the determination of NMFS’ apparent interpretation that Box 21668, Juneau, AK 99802, or by whether a vessel operator was directed section 206(a) of the AFA requires calling the Alaska Region, NMFS, at fishing for pollock CDQ would be based NMFS to ensure that the CDQ groups 907–586–7228. Send comments on any on the percent of pollock in each haul harvest their 10 percent allocation of the ambiguity or unnecessary complexity by a catcher/processor and each pollock TAC. The CMC believes that arising from the language used in this delivery by a catcher vessel. Hauls and NMFS is inappropriately prioritizing final rule to the Administrator, Alaska deliveries in which pollock represented full harvest of the pollock CDQ Region, P.O. Box 21668, Juneau, AK 60 percent or more of the total weight allocations over the Magnuson-Stevens 99802–1668. of groundfish would be considered Act requirements to minimize bycatch. FOR FURTHER INFORMATION CONTACT: directed fishing for pollock CDQ. In this Furthermore, the CMC asserts that Sally Bibb, 907–586–7389, final rule, NMFS revises the basis of Amendment 66 sets a bad precedent by [email protected]. determining directed fishing for pollock removing an allocation of a species from CDQ by catcher vessels from the the CDQ Program to prevent the bycatch SUPPLEMENTARY INFORMATION: definition that was included in the of that species from limiting the CDQ Background proposed rule. The revision is explained groups’ harvest of a target species. below in the section titled ‘‘Changes Response: The CMC correctly states NMFS manages fishing for groundfish that NMFS and the Council have by U.S. vessels in the exclusive from the Proposed Rule.’’ Additional information about the interpreted that when Congress economic zone of the Bering Sea and increased the allocation of pollock to Aleutian Islands management area objective of, and the impacts of Amendment 66 and the specific method the CDQ Program under the AFA, it (BSAI) according to the FMP. The North intended that the CDQ groups harvest Pacific Fishery Management Council for determining whether a vessel operator is directed fishing for pollock this increased allocation. In light of the (Council) prepared the FMP under increased allocation of pollock CDQ authority of the Magnuson-Stevens CDQ are described in the Classification section of this final rule and in the under the AFA, the Council re- Fishery Conservation and Management evaluated the impact of the strict quota Act (Magnuson-Stevens Act). proposed rule (65 FR 44018, July 17, 2000). accountability requirements of the CDQ Regulations governing fishing by U.S. Program increasing the pollock CDQ vessels appear at 50 CFR parts 600 and Pollock Catch in the 2000 CDQ Fisheries allocation, which increased the chance 679. that the 7.5 percent squid CDQ In 2000, 113,900 mt of pollock and Amendment 66 was approved by allocation would be reached before the 148 mt of squid were allocated to the NMFS on August 30, 2000. This pollock CDQ allocation was caught. In CDQ Program. Through December 18, amendment removes the allocation of doing so, the Council and NMFS 2000, approximately 113,554 mt of 7.5 percent of the BSAI squid total considered the trade-offs between the pollock accrued against the pollock allowable catch (TAC) to the CDQ amount of squid bycatch in the CDQ CDQ allocation because they were Program to prevent the catch of squid fisheries and the importance of the caught in hauls or deliveries in which CDQ from limiting the catch of pollock pollock CDQ allocation in achieving the pollock represented 60 percent or more CDQ. Amendment 66 was adopted by goals of the CDQ Program. the Council at its June 1999 meeting of the catch. Approximately 469 mt of Section 301 of the Magnuson-Stevens without objection. NMFS published a pollock accrued against the pollock ICA Act requires that fishery management notice of availability of the FMP because they were caught in hauls or plans and their amendments be amendment at 65 FR 34434, May 30, deliveries in which pollock represented consistent with the national standards. 2000, and invited comments on the FMP less than 60 percent of the total catch. As the CMC stated, national standard 9 amendment through July 31, 2000. One NMFS allocated approximately 51,255 requires that conservation and letter of comment was received on the mt of pollock to the 2000 pollock ICA management measures shall, to the FMP amendment. The comments from for pollock caught incidentally in the extent practicable, minimize bycatch this letter are summarized below in CDQ and non-CDQ groundfish fisheries. and the mortality of such bycatch. Squid ‘‘Response to Comments.’’ NMFS Therefore, the incidental catch of is a bycatch species in the BSAI published a proposed rule to implement pollock in the CDQ fisheries has, thus groundfish fisheries and is caught Amendment 66 and to define ‘‘directed far in 2000, represented less than 1 primarily in the pollock fisheries. fishing for pollock CDQ’’ on July 17, percent of the amount of pollock Removing squid as a CDQ species could, 2000 (65 FR 44018). Public comments available in the ICA. under some circumstances, result in a were requested through August 31, Approximately 51 mt of squid have higher total catch of squid in the CDQ 2000. No comments were received on been caught in the CDQ fisheries fisheries than would have occurred the proposed rule. through December 18, 2000. This under the status quo. However, under NMFS proposed a method for amount represents about 34 percent of both Amendment 66 and the status quo, determining whether a vessel operator the 2000 squid CDQ allocation of 148 the total catch of squid in the CDQ and was directed fishing for pollock CDQ to mt. non-CDQ fisheries combined is limited implement the intent of the AFA with Response to Comments by the squid TAC, acceptable biological respect to pollock CDQ accounting. The catch (ABC), and overfishing level AFA establishes the pollock CDQ NMFS received one letter of comment (OFL). The total catch of squid in the allocation as a ‘‘directed fishing on Amendment 66 from the Center for CDQ and non-CDQ fisheries has been allowance,’’ which means that only Marine Conservation (CMC). Although below the squid TAC since 1997, when pollock caught while directed fishing the CMC does not specifically new OFL definitions were implemented. for pollock CDQ accrue against the recommend that NMFS disapprove NMFS believes that Amendment 66 is pollock CDQ allocation. Pollock caught Amendment 66, it raises several consistent with the Magnuson-Stevens by vessels CDQ fishing, but not directed concerns about the rationale for Act section 301 requirement that fishery fishing for pollock CDQ, accrue against Amendment 66 and the management of management plans be consistent with the pollock ICA. Based on the squid in general. all national standards, including
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national standard 9. The stipulation ‘‘to NMFS recognizes that the comments habitat areas or during critical times of the extent practicable’’ in national about the inadequacy of the EA for the year. standard 9 requires the Council to Amendment 66 are related to the U.S. Changes from the Proposed Rule consider minimizing bycatch together District Court’s July 13, 1999, remand with other objectives. In recommending order for the 1998 Final Supplemental In the final rule, NMFS is not approval of Amendment 66, the Council Environmental Impact Statement (SEIS) implementing a stand-alone definition and NMFS also considered consistency NMFS prepared on setting TAC of directed fishing for pollock CDQ, as with all of the national standards. specifications and prohibited species was proposed in the proposed rule. Specifically, national standard 1 catch limits. NMFS is preparing a Rather, NMFS is adding a paragraph to requires that we prevent overfishing programmatic SEIS for the GOA and the general definition of ‘‘directed while achieving optimum yield and BSAI groundfish fishery management fishing’’ in § 679.2 to include a national standard 8 requires that plans in their entirety in accordance reference to the calculation of directed management measures take into account with the 1999 remand order. The EA fishing for the CDQ fisheries under § the importance of fishery resources to prepared for Amendment 66 679.20(f)(3). The specific method of fishing communities. Amendment 66 summarizes the biological and catch calculating directed fishing for pollock will increase the ability of the CDQ information for squid contained in the CDQ using the 60 percent threshold is groups to fully harvest their pollock annual stock assessments documents in this new paragraph § 679.20(f)(3). CDQ allocation, which is consistent and relies upon the information and This organization of the regulations is with the objective of achieving optimum conclusions of the 1998 SEIS for the consistent with how directed fishing yield of the pollock TAC and the groundfish fisheries off Alaska. The under the license limitation program allocations provided under the AFA. squid TAC, ABC, and OFL are and the American Fisheries Act With respect to national standard 8, the determined annually through the fisheries is defined. NMFS expects to be primary purpose of the CDQ allocations groundfish specifications process. This required to define additional directed is to assist residents of 65 fishing process utilizes the best available fisheries under the CDQ Program in communities in western Alaska to scientific information on the status of future rulemakings. The organization develop fisheries-based economies. the resource. established in this final rule provides a Royalties received by the CDQ groups The finding of no significant impact more logical regulatory base for adding from their pollock CDQ allocation as a result of Amendment 66 is based on new CDQ directed fishing calculations represented approximately 80 percent of the determination that, although the than having separate definitions in § the $25 million in royalties from the catch of squid in the CDQ fisheries may 679.2 for each CDQ directed fishery. groundfish and crab CDQ allocations in increase in some years, the total catch The definition of directed fishing for 1999. Therefore, a management measure of squid in the BSAI CDQ and non-CDQ pollock CDQ in the proposed rule was that increases the ability of the CDQ groundfish fisheries combined will as follows: Directed fishing for pollock CDQ means, groups to fully harvest their pollock continue to be limited by the squid allocations is consistent with the for purposes of determining whether pollock TAC, ABC, and OFL. In many years, caught while CDQ fishing accrues against the objectives of national standard 8. Amendment 66 will have no impact on Comment 2: The CMC states that the pollock CDQ allocation or the pollock the total catch of pollock or squid in the EA does not adequately address incidental catch allowance, a vessel operator BSAI because the catch of squid in the using trawl gear is directed fishing for Endangered Species Act and Marine CDQ fisheries will be less than 7.5 pollock CDQ if pollock represents 60 percent Mammal Protection Act considerations or more of the total catch of groundfish with respect to Steller sea lions and the percent of the squid TAC. On November 30, 2000, NMFS species by weight in a haul by a catcher/ impact of squid harvests on the processor or a delivery by a catcher vessel. ecosystem. In addition, the CMC released a comprehensive biological The groundfish species used to calculate total believes that NMFS should use more opinion under the ESA (available from catch includes all species categories defined precaution in the procedure for setting NMFS, see ADDRESSES). The biological in Table 1 of the annual BSAI specificatios. OFL, ABC, and TAC for squid. opinion analyzed the impacts of the In the final rule, NMFS removes Response: The CMC’s comments on commercial groundfish fishery in the reference to ‘‘for purposes of the adequacy of the EA appear to be BSAI and GOA on Steller sea lions and determining whether pollock caught directed more toward the impact of the other ESA listed species present in the while CDQ fishing accrues against the catch of the squid TAC in general than area. In the biological opinion, NMFS pollock CDQ allocation or the pollock on Amendment 66. Amendment 66 determined that squid was an important incidental catch allowance.’’ In addresses only the amount of squid that component of the Steller sea lion diet. addition, NMFS revises the wording of may be caught in the CDQ fisheries and However, pollock, Pacific cod, and Atka the calculation of directed fishing for the process used to account for squid mackerel were identified as the most pollock CDQ for catcher vessels. In the catch in the CDQ and non-CDQ important food sources. The fishery proposed rule, the calculation of fisheries. Therefore, the CMC’s concerns management measures recommended by directed fishing for pollock CDQ was about the need for more information NMFS to protect Steller sea lions based on the percent of pollock in the about squid, the process used to focused on limiting the catch of pollock, delivery by a catcher vessel. CDQ establish the squid TAC and OFL, the Pacific cod, and Atka mackerel in Program quota accounting for catcher impact of squid harvests on Steller sea critical habitat areas and during critical vessels is done at the time of delivery. lions, or the impact on the ecosystem times of the year. Approximately 93 Therefore, the definition in the probably would not be alleviated by percent of the 384 mt of squid caught in proposed rule accomplished the disapproval of Amendment 66. These the Bering Sea and Aleutian Islands objective of the AFA to properly concerns are more appropriately groundfish fisheries in 2000 were account for the catch of pollock against addressed in the annual specifications caught in directed fisheries for pollock. the pollock CDQ or the pollock ICA. process through analysis documents Therefore, any limitations imposed on In the time since the proposed rule required under the National the directed fishery for pollock to was initiated, additional regulations Environmental Policy Act and the protect Steller sea lions will similarly have been implemented that require Endangered Species Act. affect the catch of squid in critical NMFS to be able to determine whether
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a vessel is directed fishing for pollock this final rule with no change from the pollock from the CDQ groups’ pollock CDQ at any time during a fishing trip. proposed rule: CDQ allocations and to accrue the This determination is necessary to 1. In § 679.20, paragraph (b)(1)(iii)(A) remainder of the pollock against the enforce closures of areas to directed is revised to remove the allocation of 7.5 pollock ICA. percent of the squid TAC to the CDQ fishing for pollock CDQ. Two areas that Classification currently can be closed to directed Program. fishing for pollock CDQ are the Steller 2. In § 679.31(f), the reference to the The Administrator, Alaska Region, sea lion conservation area (65 FR 3892; squid CDQ is removed from the NMFS, determined that Amendment 66 January 25, 2000) and the Chinook paragraph describing the non-specific is necessary for the conservation and Salmon Savings Area (65 FR 60587; CDQ reserve. Squid will no longer be management of the BSAI groundfish October 12, 2000). The definition in the allocated to the CDQ Program, so NMFS fisheries and that it is consistent with proposed rule would have allowed the could not allocate a portion of the squid the Magnuson-Stevens Act and other determination of whether a catcher CDQ to each CDQ group’s non-specific applicable laws. vessel operator was directed fishing for CDQ reserve. This final rule has been determined to be not significant for purposes of pollock CDQ only at the time a delivery Compliance Guide for Small Entities was made. It would not have allowed a Executive Order 12866. The removal of the allocation of squid NMFS prepared a FRFA as required determination to be made while the does not result in additional by the Regulatory Flexibility Act (RFA). vessel was participating in a CDQ recordkeeping or reporting requirements A copy of this analysis is available from fishery, before it delivered its catch. that must be complied with by small NMFS (see ADDRESSES) and is In this final rule, NMFS bases the entities or any other entity participating summarized below. The one letter of calculation of directed fishing for in the CDQ fisheries. Current CDQ comment received on Amendment 66 pollock CDQ by a catcher vessel on the recordkeeping and reporting did not address the IRFA or any issues percent of pollock in the total catch of requirements at § 679.5(n) require the associated with the impact of the action groundfish onboard the vessel at any CDQ groups and shoreside processors to on small entities. time. This revision allows the report the weight of all ‘‘CDQ species’’ The objective of Amendment 66 and determination of whether an operator of on the CDQ catch report and CDQ its removal of squid as a CDQ species a catcher vessel is directed fishing for delivery report. Squid will no longer be is elimination of the possibility that pollock CDQ at any time during a defined as a CDQ species, so squid will CDQ groups will be unable to harvest all fishing trip, including at the time of no longer be required to be reported on of their pollock CDQ allocations because delivery. Thus, NMFS can use the 60 the CDQ catch report or the CDQ they catch their squid CDQ allocation percent threshold for both quota delivery report. However, no changes first. The incidental catch of squid in accounting under the AFA and for will be made to the recordkeeping and the 1998 pollock CDQ fisheries determining whether a vessel is directed reporting requirements because these indicated that, at least in some years, fishing for pollock CDQ for purposes of requirements do not refer to individual the CDQ groups would catch their squid enforcing time and area closures species but rather the general category CDQ allocation of 148 mt before they implemented through other rulemaking. of ‘‘CDQ species.’’ The CDQ groups and harvested the full amount of their For catcher/processors, calculating shoreside processors can comply with pollock CDQ allocations. Under existing directed fishing on the basis of the the removal of squid from the CDQ CDQ catch monitoring and accounting percent of pollock in a haul allows the Program by no longer reporting squid regulations, as long as squid remains a determination of directed fishing at any catch on their CDQ catch reports and CDQ species, the CDQ groups will be time while the vessel operator is fishing CDQ delivery reports. They also may prohibited from exceeding their squid or after fishing has been completed. continue to report squid on the CDQ CDQ allocation even if this amount of Therefore, no revision is made to text catch report and the CDQ delivery squid CDQ is caught before the CDQ from the proposed rule related to the report if they wish to do so, although groups harvest all of their pollock CDQ. method of calculating directed fishing the CDQ catch accounting computer If the CDQ groups continue to fish for for catcher/processors. programs will disregard squid weights pollock CDQ after they reach their squid The final rule adds § 679.32(a)(2) and for purposes of CDQ catch accounting. CDQ allocation, they likely will catch (e) with a minor change from the Squid catch will continue to be reported additional squid and increase their proposed rule to correct the reference to by observers and by industry on their squid CDQ overage. Therefore, to avoid § 679.20(f)(3). Section 679.32(a)(2) is a logbooks and in weekly production facing enforcement action due to a squid reference to the location of the pollock reports. The squid catch in the CDQ CDQ overage, the CDQ groups would CDQ catch accounting regulations at fisheries will be subtracted from the have to stop pollock CDQ fishing before paragraph (e). Section 679.32(e) overall squid TAC through separate they reached their pollock CDQ contains the requirements that pollock computer programs (the ‘‘blend allocation. If the CDQ groups are unable caught while directed fishing for system’’) that account for catch in the to fully harvest their pollock CDQ pollock CDQ accrue against the pollock non-CDQ fisheries. allocations, returns to the CDQ group in CDQ allocation. All other catch of Implementing a method for pollock royalty revenues will decrease. pollock in the CDQ fisheries accrue determining whether a vessel operator is The objective of the regulatory against the pollock ICA. Paragraph (e) directed fishing for pollock CDQ also amendment to define directed fishing also reiterates that 100 percent of all will not result in any changes in the for pollock CDQ is to implement the pollock caught in the groundfish CDQ recordkeeping and reporting intent of the AFA. The AFA requires fisheries, regardless of the percent of requirements. The CDQ groups and that only pollock caught while directed pollock in the haul or delivery, would shoreside processors will continue to fishing for pollock CDQ accrue against be retained under the Improved report the catch of all pollock while the pollock CDQ allocation. NMFS Retention/Improved Utilization (IR/IU) CDQ fishing. NMFS will use current considered four alternatives for defining regulations at § 679.27. computer programs to subtract only directed fishing for pollock CDQ. The following regulatory amendments pollock that is caught in hauls or Alternative 1 is the status quo, which to 50 CFR part 679 are implemented by deliveries with 60 percent or more would not distinguish between pollock
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caught while directed fishing for squid bycatch. Without Amendment 66, the value of the pollock CDQ allocation pollock CDQ from pollock caught some risk existed that the pollock CDQ could either (1) not change relative to incidentally to other groundfish CDQ fisheries would be constrained if the the value under Alternative 4, or could fisheries. This alternative is not catch of squid in the CDQ fisheries (2) decrease up to $96,000 under consistent with the AFA. reached the squid CDQ allocation. If this Alternative 3 and decrease up to Alternative 2 would define directed occurred, the CDQ groups would have $312,000 under Alternative 2. fishing for pollock CDQ in the same lost the opportunity to harvest all of The definition of directed fishing for manner as was implemented under an their pollock CDQ and the royalties pollock CDQ also may indirectly affect emergency rule in 1999. Pollock caught associated with this pollock catch. up to 20 catcher/processors, 3 in hauls by a catcher/processor or Based on recent years’ squid incidental motherships, 8 shoreside processors, deliveries by a catcher vessel in which catch rates, this potential loss to the and 120 catcher vessels that participate pollock represents 40 percent or more of CDQ groups could range from $0 to $8.4 in the AFA pollock fisheries (the 10 the total groundfish catch by weight million annually. In addition to the loss trawl catcher/processors, 1 mothership, would accrue against the pollock CDQ of royalty revenue, the CDQ groups also 22 trawl catcher vessels, and 3 shoreside (the ‘‘40-percent threshold’’). Pollock would lose profit sharing and processors listed above as participating caught in hauls or deliveries in which employment opportunities associated in the CDQ fisheries and directly pollock represents less than 40 percent with full harvest of the pollock CDQ. affected by the alternatives are among of the total groundfish catch would NMFS expects no negative impacts on the vessels and processors that also are accrue against the pollock ICA. the small entities participating in the indirectly affected by the alternatives). Alternative 3 is the same as CDQ Program or on any small entities NMFS estimates that none of the Alternative 2 except that the threshold participating in the non-CDQ groundfish catcher/processors, motherships, or for defining directed fishing for pollock fisheries as a result of removing the shoreside processors are small entities CDQ would be increased from 40 allocation of squid to the CDQ Program. for the reasons described above. percent to 60 percent. The only exception occurs if the overall However, approximately 40 of the 120 Alternative 4 would use maximum squid catch reaches an overfishing level, catcher vessels that participate in the retainable amounts to define directed in which case some CDQ and non-CDQ AFA pollock fisheries are small entities fishing for pollock CDQ, which is the fisheries would have to be constrained based on information presented in the method used to define directed fishing to prevent overfishing. This is unlikely EA/RIR/IRFA prepared for Amendment in all non-CDQ groundfish fisheries. A since, to date, no domestic groundfish 61 to the BSAI FMP - regulations vessel operator would be directed fishery has been limited due to the catch implementing the AFA. fishing for pollock CDQ if the weight of of squid reaching TAC or overfishing. The vessels and processors pollock CDQ retained onboard the The regulatory amendment defining participating in the AFA fisheries are vessel was 20 percent or more of the directed fishing for pollock CDQ also indirectly impacted by the definition of weight of all retained CDQ species will directly affect the CDQ groups and directed fishing for pollock CDQ. Any onboard the vessel. CDQ communities. It will determine pollock from the CDQ fisheries that Under Alternative 4, vessel operators whether pollock caught in the CDQ accrues against the pollock ICA reduces could control whether they were fisheries will accrue against the pollock the pollock directed fishing allowances directed fishing for pollock CDQ by CDQ allocation or the pollock ICA. The available to the inshore, offshore, and discarding the amount of pollock that CDQ groups benefit more from mothership sectors under the AFA. exceeded the maximum retainable alternatives that maximize the amount The status quo (not a viable amount. Under Alternatives 2 and 3, of pollock that accrues against the alternative) would allow no accrual of vessel operators cannot discard pollock pollock ICA. Of the four alternatives pollock from the CDQ fisheries to the to control whether they are directed considered, Alternative 2 has the most pollock ICA. Alternative 2 increases fishing for pollock CDQ because they negative impact on the CDQ groups potential costs to participants in the are required to retain all of their pollock because it would result in the largest directed pollock fisheries because under IR/IU regulations. amount of pollock accruing against the pollock in hauls or deliveries in which Amendment 66 and the pollock CDQ allocations and the least pollock is less than 40 percent of the accompanying regulatory amendments amount accruing against the pollock total catch would accrue to the pollock directly affect the six CDQ groups ICA. Alternative 4 has the least negative ICA (estimated range of 807 mt to 5,040 representing the 65 western Alaska impact on the CDQ groups because it mt of pollock would accrue to the communities that are eligible for the would allow the groups to determine pollock ICA). Alternative 3 further CDQ Program. The CDQ groups and the which vessels are directed fishing for increases potential costs to the AFA communities they represent all are pollock CDQ and would allow the catch fishery participants under the 60 small entities under the RFA. of pollock by any other CDQ vessels to percent threshold (estimated range of The action also directly affects the accrue against the ICA. The preferred 937 mt to 6,120 mt of pollock). Among owners of 10 trawl catcher/processors, alternative, with its 60 percent the alternatives considered, Alternative one mothership, 22 trawl catcher threshold for determining directed 4 would provide the maximum potential vessels, and 3 shoreside processors that fishing for pollock CDQ, has less costs to the directed AFA fishery harvest and process pollock CDQ. None potential negative impacts on the CDQ because it would allow the CDQ groups of these vessels or processors are small groups than does Alternative 2, but to identify which vessels were directed entities under the RFA for reasons more potential negative impacts than fishing for pollock and allow all pollock explained more fully in the IRFAs and Alternative 4. NMFS estimates that the caught by other CDQ vessels to accrue the FRFA. royalty value of the pollock CDQ to the pollock ICA (estimated range Removing squid as a CDQ species will allocation to the CDQ groups is about 1,018 mt to 6,600 mt). provide significant benefits to the CDQ $22.1 million under Alternative 4. Both the pollock CDQ allocation and groups and western Alaska communities Depending on the value of the pollock any pollock incidental catch from the they represent. It will allow the CDQ CDQ harvested by vessels not intending other CDQ and non-CDQ groundfish groups to more fully harvest their to target on pollock under Alternative 2 fisheries are subtracted from the pollock pollock CDQ allocations in years of high and Alternative 3, NMFS estimates that TAC before pollock allocations are made
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to the AFA directed pollock fisheries. OFL for squid is the average catch from fisheries. They recommended Therefore, the more pollock that is 1978 through 1995, or 2,620 mt, and the Alternative 3, which balances the allowed as incidental catch in the CDQ ABC is 75 percent of the OFL, or 1,970 impacts to the CDQ groups with the fisheries, the larger the amount mt. The squid TAC is set equal to the impacts to the participants in the non- subtracted from the ICA, and the lower ABC at 1,970 mt. No TAC can be set CDQ fisheries. the amount available for the directed higher than its ABC. Therefore, the The President has directed Federal pollock fisheries. The 40 trawl catcher squid TAC cannot be increased above agencies to use plain language in their vessels (small entities) that participate 1,970 mt. communications with the public, in the BSAI pollock fisheries likely NMFS believes that the EA/RIR/IRFA including regulations. To comply with would prefer that no pollock CDQ contains the range of reasonable this directive, we seek public comment allocations had been made. Instead, alternatives that would accomplish the on any ambiguity or unnecessary their preference would be that all of the objective of the AFA to provide for some complexity arising from the language BSAI pollock TAC were available to level of pollock incidental catch in the used in this proposed rule. Such them as directed fisheries because direct CDQ fisheries. The regulations comments should be sent to the harvest of pollock provides the highest implemented in this final rule meet the Administrator, Alaska Region (see net revenues to these vessels. However, objectives of the AFA and the ADDRESSES). the AFA authorizes some level of Magnuson-Stevens Act, to minimize any incidental pollock catch for the CDQ significant economic impact on small List of Subjects in 50 CFR Part 679 fisheries. The alternative that minimizes entities, and to balance the competing Alaska, Fisheries, Recordkeeping and the amount of pollock that will accrue interests of two groups of small entities reporting requirements. against the ICA (Alternative 2) results in affected by the regulation - the CDQ Dated: February 28, 2001. the least negative impact on the 40 groups and the small catcher vessels William T. Hogarth, catcher vessels that participate in the participating in the non-CDQ fisheries. AFA pollock fisheries, because it The Council could have Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. maximizes the amount of pollock recommended a definition of directed available for the directed AFA fisheries. fishing for pollock CDQ that further For the reasons set out in the The preferred alternative provides a increased the amount of pollock catch preamble, 50 CFR part 679 is amended middle ground between Alternative 2, in the CDQ fisheries that would accrue as follows: which minimizes the amount of pollock against the pollock ICA, thereby that accrues against the ICA and increasing the benefits to the small PART 679—FISHERIES OF THE Alternative 4, which maximizes the entities. Alternative 4 would have EXCLUSIVE ECONOMIC ZONE OFF amount of pollock that accrues against allowed the CDQ groups to catch as ALASKA the ICA. much pollock as they wished while 1. The authority citation for part 679 NMFS is not aware of any alternatives CDQ fishing and to discard amounts of continues to read as follows: to removing squid as a CDQ species that pollock above the maximum retainable would accomplish the objectives of the amounts. This alternative was not Authority: 16 U.S.C. 773 et seq., 1801 et seq. and 3631 et seq. action and further minimize the impact preferred by the Council or the CDQ on small entities. This action removes groups because it would require 2. In § 679.2, in the definition for squid as a CDQ species, which would regulatory discards of pollock catch that ‘‘Directed fishing,’’ a new paragraph (4) no longer require that the CDQ groups exceed the maximum retainable is added to read as follows: (small entities) account for their catch of amounts. In addition, this alternative § 679.2 Definitions. squid against a CDQ allocation and would have increased the potential * * * * * remove the risk that the incidental catch negative impacts to another group of Directed fishing * * * of squid in the CDQ fisheries would small entities affected by the proposed (4) With respect to the harvest of CDQ prevent the CDQ groups from harvesting action - the 40 catcher vessels in the species, directed fishing as calculated their full pollock CDQ allocation. AFA pollock fisheries - because under § 679.20(f)(3). Therefore, the preferred alternative increases in the amount of pollock from provides the maximum relaxation of the the CDQ fisheries accruing against the * * * * * current regulations and maximum pollock ICA would decrease the 3. In § 679.20, paragraph (b)(1)(iii)(A) benefits to small entities. directed pollock allowance to the AFA is revised and a new paragraph (f)(3) is Alternatives increasing the amount of fisheries. added to read as follows: squid allocated to the CDQ Program are The Council also considered an not practicable. Increasing the alternative that could have further § 679.20 General limitations. percentage of the TAC allocated to the minimized negative economic impacts * * * * * CDQ reserve is not a viable alternative on the 40 catcher vessels in the AFA (b) * * * due to the moratorium on such pollock fisheries. Under Alternative 2, (1) * * * increases at 16 U.S.C. 1855(i)(1)(c)(ii). the 40-percent threshold, less pollock (iii) * * * Moreover, the option of increasing the from the CDQ fisheries would accrue (A) Groundfish CDQ Reserve. Except squid TAC to provide more squid to the against the pollock ICA than would as limited by § 679.31(a), one half of the CDQ Program is not possible under the accrue under the preferred alternative. nonspecified reserve established by current process for setting OFLs, ABCs, However, the Council considered the paragraph (b)(1)(i) of this section for all and TACs, for the BSAI groundfish trade-off in impacts to the participants species except squid is apportioned to fisheries. Due to the lack of information in the AFA pollock fisheries and the the groundfish CDQ reserve. about squid population dynamics and CDQ fisheries and determined that the * * * * * current biomass, the squid TAC is set amount of pollock that would accrue (f) * * * based on the criteria in Tier 6 of the against the pollock ICA under the (3) CDQ fisheries—(i) General. revised ABC and OFL definitions preferred alternative was not likely to Directed fishing in the CDQ fisheries is implemented through Amendment 44 to significantly affect the 40 trawl catcher determined based on the species the BSAI FMP. Under this formula, the vessels or other participants in the AFA composition of the total catch of
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groundfish while harvesting groundfish (f) Non-specific CDQ reserve. (e) Pollock CDQ—(1) Directed fishing CDQ species. For catcher/processors, Annually, NMFS will apportion 15 for pollock CDQ. Owners and operators the species composition of each haul is percent of each arrowtooth flounder and of vessels directed fishing for pollock assessed to determine the directed ‘‘other species’’ CDQ for each CDQ CDQ as calculated under § 679.20(f)(3) fishery. For catcher vessels, the species group to a non-specific CDQ reserve. A and processors taking deliveries from composition of the catch onboard the CDQ group’s non-specific CDQ reserve vessels directed fishing for pollock CDQ vessel at any time is assessed to must be for the exclusive use of that must comply with all applicable determine the directed fishery. The CDQ group. A release from the non- requirements of paragraphs (a) through groundfish species used to calculate specific CDQ reserve to the CDQ group’s (d) of this section. Pollock catch by arrowtooth flounder or ‘‘other species’’ total catch of groundfish includes all vessels directed fishing for pollock CDQ CDQ is a technical amendment to a species categories defined in Table 1 of will accrue against the pollock CDQ for the annual BSAI specifications. community development plan as described in § 679.30(g)(5). The the CDQ group. (ii) Directed fishing for pollock CDQ. technical amendment must be approved (2) Catch of pollock by vessels not A vessel operator using trawl gear is before harvests relying on CDQ directed fishing for pollock CDQ. directed fishing for pollock CDQ if transferred from the non-specific CDQ Pollock catch by vessels groundfish pollock represents 60 percent or more of reserve may be conducted. CDQ fishing, but not directed fishing for the total catch of groundfish species by 5. In § 679.32, paragraph (a)(2) is pollock CDQ as calculated under § weight in a haul by a catcher/processor revised and paragraph (e) is added to 679.20(f)(3), will not accrue against the or 60 percent or more of the total catch read as follows: pollock CDQ for the CDQ group. of groundfish species by weight onboard (3) Operators of all vessels the catcher vessel at any time. § 679.32 Groundfish and halibut CDQ catch monitoring. participating in any CDQ fishery must * * * * * (a) * * * retain all pollock caught while CDQ 4. In § 679.31, paragraph (f) is revised (2) Pollock CDQ. Requirements for the fishing as required at § 679.27 (IR/IU). to read as follows: accounting of pollock while CDQ * * * * * fishing are at paragraph (e) of this [FR Doc. 01–5558 Filed 3–6–01; 8:45 am] § 679.31 CDQ reserves. section. BILLING CODE 3510–22–S * * * * * * * * * *
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Proposed Rules Federal Register Vol. 66, No. 45
Wednesday, March 7, 2001
This section of the FEDERAL REGISTER Executive Order 12866 OMB Control Number: 0560–0179. contains notices to the public of the proposed This proposed rule is issued in Type of Request: Reinstatement and issuance of rules and regulations. The revision of a previously approved purpose of these notices is to give interested conformance with Executive Order 12866 and has been determined to be information collection. persons an opportunity to participate in the Abstract: The information previously rule making prior to the adoption of the final significant and has been reviewed by rules. the Office of Management and Budget. collected under OMB Control Number 0560–0179, as identified above, is all Regulatory Flexibility Act that is currently required by FSA to DEPARTMENT OF AGRICULTURE It has been determined that the meet administrative and statutory Regulatory Flexibility Act is not requirements for the Livestock Commodity Credit Corporation applicable to this rule because USDA is Indemnity Program. Information not required by 5 U.S.C. 553 or any collected from livestock owners will be 7 CFR Part 1439 other provision of law to publish a used by CCC to approve or determine notice of proposed rulemaking with the eligibility and amount of assistance RIN: 0560–AG33 respect to the subject matter of this rule. in accordance with this subpart. The CCC considers the information collected Environmental Evaluation Livestock Indemnity Program essential to prudent eligibility and It has been determined by an assistance determinations. Failure to AGENCIES: Commodity Credit environmental evaluation that this make sound decisions in providing Corporation, USDA. action will have no significant impact livestock indemnity program payments ACTION: Proposed rule. on the quality of the human would result in inaccurate payments to environment. Therefore, neither an livestock owners and losses to the SUMMARY: This proposed rule environmental assessment nor an Government. implements provisions of the Environmental Impact Statement is Estimate of Burden: Public reporting Agriculture, Rural Development, Food needed. burden for this collection of information and Drug Administration, and Related Executive Order 12372 is estimated to average 1 hour per Agencies Appropriations Act, 2001 response. This program is not subject to the related to the Livestock Indemnity Respondents: Livestock Owners. provisions of Executive Order 12372, Program–2000 (LIP–2000). This Estimated number of Respondents: which require intergovernmental proposed rule announces the program’s 2,000. consultation with State and local availability and requirements and seeks Estimated Number of Responses per officials. See the notice related to 7 CFR comments on the program. Respondent: 1.5. part 3015, subpart V, published at 48 FR Estimated Total Annual Burden on DATES: Comments on this rule must be 29115 (June 24, 1983). Respondents: 3,000 hours. received by April 6, 2001. Comments on Proposed topics for comment include: the information collections in this rule Executive Order 12988 (a) Whether the collection of must be received by May 7, 2001. This rule has been reviewed in accordance with Executive Order 12988. information is necessary for the proper ADDRESSES: Comments should be The provisions of this rule preempt performance of the functions of the mailed to: Sharon Biastock, Price State laws to the extent such laws are agency, including whether the Support Division, Farm Service Agency inconsistent with the provisions of this information will have practical utility; (FSA), U.S. Department of Agriculture, rule. Before any judicial action may be (b) the accuracy of the agency’s estimate 1400 Independence Ave., SW, brought concerning the provisions of of burden including the validity of the Washington, DC, 20250–0540, telephone this rule, the administrative remedies methodology and assumptions used; (c) (202) 720–6336, STOP 0517; e-mail must be exhausted. ways to enhance the quality, utility, and address: clarity of the information collected; or [email protected]. Unfunded Mandates Reform Act of (d) ways to minimize the burden of the Comments can be inspected in Room 1995 collection of the information on those 4093 South Building, Washington, DC, The provisions of Title II of the who are to respond, including through between 7:30 a.m. and 4:30 p.m., Unfunded Mandates Reform Act of 1995 the use of appropriate automated, Monday through Friday, except are not applicable to this rule because electronic, mechanical, or other holidays. USDA is not required by 5 U.S.C. 553 technological collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: or any other provision of law to publish Sharon Biastock, Production, a notice of proposed rulemaking with Comments should be sent to the Desk Emergencies, and Compliance Division, respect to the subject matter of this rule. Officer for Agriculture, Office of Farm Service Agency (FSA), U.S. Further, in any case, these provisions do Information and Regulatory Affairs, Department of Agriculture, 1400 not impose any mandates on State, local Office of Management and Budget, Independence Ave., SW, Washington, or tribal governments, or the private Washington, DC 20503 and to Sharon DC, 20250–0540, telephone (202) 720– sector. Biastock, Program Specialist, Compliance Branch, Production, 6336, STOP 0517; e-mail address: Paperwork Reduction Act [email protected]. Emergencies, and Compliance Division, Title: Certification of Livestock Losses Farm Service Agency, United States SUPPLEMENTARY INFORMATION: For Eligible Disaster. Department of Agriculture, STOP 0517,
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1400 Independence Avenue, SW, available funds, the claims will, to the (LIP–2000). Benefits will be provided Washington, DC. 20250–0517, telephone extent practicable, be prorated. Losses under this subpart only for losses (202) 720–6336. will be compensable only to the extent (deaths) of livestock occurring as a that they were caused by the disaster result of: Background and were in excess of normal losses for (1) Natural disasters, except drought; This proposed rule implements § 813 the operation for the particular livestock (2) Fires; or of the Agriculture, Rural Development, category involved. This rule also (3) Anthrax. Food and Drug Administration, and amends the regulations to provide that (b) Losses due to natural disasters and Related Agencies Appropriations Act, payments will be made to livestock fires (except drought) will be considered 2001 (Pub. Law 106–387) related to the owners who have legal ownership of the eligible for benefits in counties included Livestock Indemnity Program–2000 livestock and are citizens, or legal in the geographic area covered by a (LIP–2000). The statute provides that resident aliens in, the United States. qualifying natural disaster declaration, the Secretary of Agriculture (the Previously, payments were made to excluding contiguous counties, issued Secretary) use up to $10 million of the livestock producers, which was defined by the President of the United States or funds of the Commodity Credit as one who had a beneficial interest in the Secretary of Agriculture of the Corporation to make livestock eligible livestock, had a financial risk in United States which declaration was indemnity payments to producers on a the livestock, and were citizens of, or requested and approved for the period farm for qualifying livestock losses resident aliens in, the United States. of January 1, 2000, through December occurring in the period beginning on LIP–2000 is being published at 31, 2000, inclusive. (c) A Presidential declaration or January 1, 2000, and ending on Subpart C of 7 CFR part 1439 (7 CFR Secretarial designation is not required December 31, 2000. A Government- 1439.200 et seq.). Accordingly, the LIP Wide rescission of appropriated funds for losses due to anthrax. program for prior years can be found at (d) Owners will be compensated by required by the FY 2001 Consolidated Subpart C of 7 CFR part 1439 in the Appropriations Bill (Pub. Law 106–554, livestock category as established by Code of Federal Regulations as it existed CCC. The owner’s loss must be the section 1403) reduces the funds on January 1, 2001, and the LIP–2000, available for by 0.22 percent. Funding result of the declared disaster or anthrax once adopted as final, will completely and in excess of the normal losses, available for LIP–2000 is therefore replace that subpart. The public is $9.978 million. established by CCC, for the owner’s invited to comment on all aspects of livestock operation. Losses to livestock Pub. Law 106–387 specifically LIP–2000. includes fires and anthrax as due to drought conditions are deemed to compensable losses under the new LIP– List of Subjects in 7 CFR Part 1439 have been avoidable and are not eligible for benefits under LIP–2000. 2000. LIP–2000 is a new authorization Animal feeds, Disaster assistance, of funds and includes two new causes Livestock, Pasture, Reporting and record § 1439.202 Administration. of disaster loss. However, in authorizing keeping requirements. Where circumstances preclude the program, Congress did not make any For the reasons set out in the additional changes to the prior program compliance with § 1439.204 due to preamble, 7 CFR part 1439 is amended circumstances beyond the applicant’s so that, as proposed, the LIP–2000 will as follows: parallel many of the prior LIP program control, the FSA county or State committee may request that relief be requirements and program parameters. PART 1439—EMERGENCY LIVESTOCK granted by the Deputy Administrator The losses must be due to disasters or ASSISTANCE wild fires in areas covered by a under this section. In such cases, except qualifying disaster declaration issued by 1. The statutory authority for part for statutory deadlines and other the President or Secretary of Agriculture 1439 continues to read as follows: statutory requirements, the Deputy that was requested for calendar year Authority: 7 U.S.C. 1427a; 15 U.S.C. 714 et Administrator may, in order to more 2000 and subsequently approved. In seq.; Sec. 1103, Pub. Law 105–277, 112 Stat. equitably accomplish the goals of this addition, the Act specifically requires 2681–42–44; Pub. Law 106–31, 113 Stat. 57; subpart, waive or modify deadlines and LIP–2000 to include losses due to Pub. Law 106–78, 113 Stat. 1135; Pub. Law other program requirements if the 106–113, 113 Stat. 1501; Sec. 257, Pub. Law failure to meet such deadlines or other anthrax, but because disaster 106–224, 114 Stat. 358; Secs. 802, 806, and declarations are not issued for such requirements does not adversely affect 813, Pub. Law 106–387, 114 Stat. 1549. operation of the program and are not losses, anthrax losses will be prohibited by statute. compensable without the declaration of 2. Revise Subpart C of part 1439 to read as follows: a disaster by the Secretary or the § 1439.203 Definitions. President. Subpart C—Livestock Indemnity Program The definitions set forth in this As in prior LIP’s, losses due to Sec. section shall be applicable for all drought will not be covered by the 1439.201 Applicability. purposes of administering this subpart. program because these losses are 1439.202 Administration. The terms defined in § 1439.3 shall also partially preventable by providing 1439.203 Definitions. be applicable, except where those adequate shelter, food and water, which 1439.204 Sign-up period. definitions conflict with the definitions would be required to prove actions 1439.205 Proof of loss. set forth in this subpart. 1439.206 Indemnity benefits. consistent with proper animal Anthrax means a disease of animals husbandry standards. No person can 1439.207 Availability of funds. 1439.208 Limitations on payments. caused by bacillus anthracis. receive more than $40,000 in payments Application means the Form CCC– and no person can receive any payment Subpart C—Livestock Indemnity 661, Livestock Indemnity Program if that person’s annual gross revenue Program Application. exceeds $2.5 million. Payment rates will Eligible disasters are any natural vary by class of livestock involved and § 1439.201 Applicability. disasters occurring in 2000 that are the payment rate will be a percentage of (a) This subpart sets forth the terms named in the Presidential declaration or the assigned market price for the class. and conditions applicable to the Secretarial designation, except drought Should eligible claims exceed the Livestock Indemnity Program for 2000 or extreme heat.
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Fires means wild fires that occurred is requested by the county committee, in CCC, based on the number of animals in in forests, brush, etc., and, as a result, verifying: the livestock category that were in the livestock was killed when it was caught (1) The quantity of eligible livestock owner’s inventory at the time of the in these fires or in structures that that perished in the natural disaster disaster. burned in these fires. It does not include including, but not limited to, purchase (b) If the number of losses in the structure fires that were not the result of records, veterinarian receipts, bank loan animal category exceeds the normal a wild fire. papers, rendering truck certificates, mortality rate established by CCC for Livestock means beef and dairy cattle, Federal Emergency Management Agency such category, the loss of livestock that sheep, goats, swine, poultry (including and National Guard records, auction shall be used in making a payment shall egg-producing poultry), equine animals barn receipts, and any other documents be the number of animal losses in the used for food or in the production of available to confirm the presence of the animal category that exceed the normal food, and buffalo and beefalo when livestock and subsequent losses; and mortality threshold established by CCC. maintained on the same basis and in the (2) That the loss was reasonably (c) Payments shall be calculated by same manner as beef cattle maintained related to the recognized disaster in the multiplying the national payment rate for commercial slaughter. declaration or designation, including, for the livestock category as determined Livestock owner means a person who but not limited to, newspaper articles or by CCC, by the number of qualifying has legal ownership of the livestock and other media reports, photographs of animals determined under paragraph (b) is a citizen of, or legal resident alien in, disaster damage, veterinarian records, of this section. Adjustments, if the United States. A farm cooperative, and any other documents available to necessary, shall apply in accordance private domestic corporation, confirm that the disaster occurred and with § 1439.207. partnership, or joint operation in which was responsible for the livestock losses. (c) Livestock owners requesting § 1439.207 Availability of funds. a majority interest is held by members, benefits for losses due to anthrax shall (a) In the event that the total amount stockholders, or partners who are provide documentation verifying the of eligible claims submitted under this citizens of, or legal resident aliens in, quantity of livestock deaths that was subpart exceeds $10 million allocated the United States, if such cooperative, caused by anthrax. by the Act, then each payment shall be corporation, partnership, or joint (d) Certifications by third parties or reduced by a uniform national operation owns or jointly owns eligible the owner and other such percentage. livestock or poultry, will be considered documentation as the county committee (b) Such payment reductions shall be livestock owners. Any Native American determines to be necessary in order to applied after the imposition of tribe (as defined in section 4(b) of the verify the information provided by the applicable per-person payment Indian Self-Determination and owner must also be submitted. Third- limitation provisions. Education Assistance Act (Public Law party verifications may be accepted only § 1439.208 Limitations on payments. 93–638, 88 Stat. 2203)); any Native if the owner certifies in writing that American organization or entity there is no other documentation (a) The provisions of §§ 1439.10 and chartered under the Indian available. Third-party verification must 1439.11 apply to LIP–2000. Reorganization Act; any tribal be signed by the party that is verifying (b) Payments earned under other organization under the Indian Self- the information. Failure to provide programs contained in this part shall Determination and Education documentation that is satisfactory to the not reduce the amount payable under Assistance Act; and any economic county committee will result in the this subpart. (c) Disaster benefits under this part enterprise under the Indian Financing disapproval of the application by the are not subject to administrative offset. Act of 1974 will be considered livestock county committee. owners so long as they meet the terms (e) Livestock owners shall certify the See § 842 of Pub. L. 106–387. (d) No interest will be paid or accrue of the definition. accuracy of the information provided. on disaster benefits under this part that All information provided is subject to § 1439.204 Sign-up period. are delayed or are otherwise not timely verification and spot checks by the CCC. issued unless otherwise mandated by A request for benefits under this A failure to provide information law. subpart must be submitted to the CCC requested by the county committee or at the FSA county office serving the by agency officials is cause for denial of Dated: March 1, 2001. county where the livestock loss any application filed under this part. James R. Little, occurred. All applications must be filed Acting Executive Vice President, Commodity in the FSA county office prior to the § 1439.206 Indemnity benefits. Credit Corporation. close of business on such date as (a) Livestock indemnity payments for [FR Doc. 01–5493 Filed 3–5–01; 1:12 pm] determined and announced by the losses of eligible livestock as BILLING CODE 3410–05–P Deputy Administrator. determined by CCC are authorized to be § 1439.205 Proof of loss. made to livestock owners, based on the owner’s share of the livestock, who file FEDERAL ELECTION COMMISSION (a) In the case of fires or natural an application for the specific livestock disasters, livestock owners must, in category in accordance with instructions 11 CFR Part 100 accordance with instructions issued by issued by the Deputy Administrator, if: the Deputy Administrator, provide (1) The livestock owner submits an [Notice 2001–3] adequate proof that the death of the approved proof of loss in accordance Definition of Political Committee eligible livestock occurred during the with § 1439.205; and recognized natural disaster period, as (2) The FSA county or State AGENCY: Federal Election Commission. provided in § 1439.201(b); or was committee determines that because of ACTION: Advance notice of proposed reasonably related to the disaster. an eligible disaster condition the rulemaking. (b) The livestock owner shall provide livestock owner had a loss in the any available supporting documents specific livestock category in excess of SUMMARY: The Federal Election that will assist the county committee, or the normal mortality rate established by Campaign Act, with certain exceptions,
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defines ‘‘political committee’’ as any the statutory definition of ‘‘political independent expenditures made by group of persons that receives more than committee,’’ is divided into three parts. incorporated issue advocacy $1,000 in contributions or makes more Paragraph (A) states that a political organizations with certain essential than $1,000 in expenditures during a committee is ‘‘any committee, club, features. Id. at 263–64. However, the calendar year. The Commission is association, or other group of persons MCFL Court also said that ‘‘should [such seeking comments on whether to revise which receives contributions an organization’s] independent the definition of ‘‘political committee’’ aggregating in excess of $1,000 during a spending become so extensive that the contained in its regulations to include calendar year or which makes organization’s major purpose may be more explicit descriptions of activities expenditures aggregating in excess of regarded as campaign activity, the $1,000 during a calendar year.’’ that will result in those funds being corporation would be classified as a considered contributions or Paragraphs (B) and (C) state that political committee.’’ Id. at 262. expenditures. The Commission is also separate segregated funds established examining whether and how to under section 441b(b) of the FECA are While the Supreme Court has yet to incorporate the concept of ‘‘major political committees, and that local revisit the ‘‘major purpose’’ test, there purpose’’ into the definition of committees of a political party are also have been lower court decisions that ‘‘political committee.’’ The Supreme political committees for FECA purposes have done so. These decisions will be Court has stated that the term ‘‘political under certain circumstances. This addressed in the ‘‘major purpose’’ committee’’ need only encompass statutory definition is incorporated into portion of this document. There may be organizations that are under the control section 100.5 of the Commission’s further judicial developments in this of candidates or the major purpose of regulations. area of the law during the course of this which is the nomination or election of The Act defines ‘‘contribution’’ as rulemaking. Any such developments a candidate. Please note that the ‘‘any gift, subscription, loan, advance, or will obviously have an impact on any Commission has not yet decided what, deposit of money or anything of value regulations to be promulgated by the made by any person for the purpose of if any, revisions it will make to its rules Commission. Ways in which a ‘‘major influencing any election for federal in this area. Further information is purpose’’ test could be incorporated into office.’’ 2 U.S.C. 431(8)(a)(i). An provided in the supplementary the regulations defining ‘‘political information that follows. ‘‘expenditure’’ is defined as ‘‘any purchase, payment, distribution, loan, committee’’ are discussed infra in Part DATES: Comments must be received on II. or before May 7, 2001. The Commission advance, deposit, or gift of money or will determine at a later date whether to anything of value, made by any person The Commission is also seeking hold a public hearing on this Notice. If for the purpose of influencing any comment on the extent to which the a hearing is held, its date and time will election for federal office.’’ 2 U.S.C. ‘‘express advocacy’’ requirement for be published in the Federal Register. 431(9)(a)(i). independent expenditures should be The Commission is seeking comment ADDRESSES: All comments should be incorporated into the ‘‘political on the scope and meaning of the ‘‘major addressed to Rosemary C. Smith, committee’’ definition. In limiting the purpose’’ test, which first appeared in Assistant General Counsel, and must be reach of the FECA’s corporate the Supreme Court’s discussion of the independent expenditure ban at 2 submitted in either written or electronic definition of ‘‘political committee’’ in U.S.C. 441b, the MCFL Court reiterated form. Written comments should be sent Buckley v. Valeo, 424 U.S. 1 (1976) and expanded in application what it to the Federal Election Commission, 999 (‘‘Buckley’’). In Buckley, the Supreme E Street, NW., Washington, DC 20463. Court noted that section 431(4)(A) as had held in Buckley, that the ‘‘term Faxed comments should be sent to (202) written could be construed to define ‘expenditure’ encompassed ‘only funds 219–3923, with printed copy follow-up. ‘‘political committee’’ solely in terms of used for communications that expressly Electronic mail comments should be the amount of annual contributions advocate the election or defeat of a sent to [email protected] and must received and expenditures made, and clearly identified candidate.’’’ Id. at include the full name, electronic mail thus ‘‘could be interpreted to reach 248–49, quoting Buckley, 424 U.S. at 80. address and postal service address of groups engaged purely in issue Ways in which the ‘‘express advocacy’’ the commenter. Electronic mail discussion.’’ 424 U.S. at 79. In dicta, the requirement could be incorporated into comments that do not contain the full Court set forth criteria to prevent a the regulations defining ‘‘political name, electronic mail address and potentially overbroad interpretation of committee’’ are discussed infra in Part postal service address of the commenter ‘‘political committee’’: ‘‘To fulfill the II. will not be considered. purpose of the Act [the term ‘political Becoming a political committee as FOR FURTHER INFORMATION CONTACT: Ms. committee’’] need only encompass defined in the FECA has recordkeeping Rosemary C. Smith, Assistant General organizations that are under the control and reporting consequences. Generally, Counsel, or Ms. Rita A. Reimer, of a candidate or the major purpose of groups that are not political committees, Attorney, 999 E Street NW., which is the nomination or election of such as partnerships and other Washington, DC 20463, (202) 694–1650 a candidate.’’ Id. or (800) 424–9530. The Supreme Court returned to the unincorporated associations, are treated SUPPLEMENTARY INFORMATION: The Buckley Court’s ‘‘major purpose’’ as other persons under the Act, and are Federal Election Commission is concept in FEC v. Massachusetts subject to minimal reporting obligations. publishing this Advance Notice of Citizens for Life, Inc., 479 U.S. 238 See 2 U.S.C. 434(c), 11 CFR 109.2. In Proposed Rulemaking (‘‘ANPRM’’) (1986) (‘‘MCFL’’). In MCFL, the Court contrast, political committees are seeking comments on whether to revise concluded, inter alia, that the subject to a more extensive set of the Commission’s rules at 11 CFR 100.5 prohibition on expenditures by recordkeeping and reporting that define the term ‘‘political corporations contained in another requirements. See 2 U.S.C. 432, 434 11 committee.’’ provision of the FECA, section 441b, CFR parts 102, 104. In addition, Section 431(4) of the Federal Election had to be construed narrowly to avoid political committees are subject to Campaign Act, 2 U.S.C. 431 et seq., overbreadth problems and could not contribution limits and prohibitions. (‘‘FECA’’ or ‘‘the Act’’), which contains constitutionally be applied to See 2 U.S.C. 441a(a), (f) and (h).
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I. Definitions of ‘‘Political Committee,’’ express terms states that money given as status pursuant to 26 U.S.C. 501(c)(3) or ‘‘Contribution’’ and ‘‘Expenditure’’ a result of the solicitation will be used (c)(4) 3 or an organization whose Paragraph (a) of section 100.5 follows to support or defeat one or more exclusive purpose is the election or the statutory definition of ‘‘political candidates for federal office would nomination of that candidate for state committee’’ by providing that any make moneys received as a result or local office. This provision would committee, club, association, or other ‘‘contributions.’’ Political committee remove the guise of independence from group of persons that receives status would follow regardless of how groups set up by candidates, or by their contributions aggregating in excess of the money received was ultimately campaign staff or their agents, to assist spent if total contributions or $1000 during a calendar year is a the candidates’ aims, and would focus expenditures exceed $1,000. political committee, except as set out in the Commission’s inquiry into the issue (2) Money, services or anything of 11 CFR 100.5(b), (c), and (d). Paragraph of ‘‘control’’ by the candidate. value received from a political This proposal is intended to clarify (b) indicates that any separate committee organized pursuant to 11 segregated fund established under 2 when the relationship between a CFR 100.5(b), (c), or (d), except money, candidate or candidate’s committee and U.S.C. 441b(b)(2)(C) is a political services or anything of value received by committee without any dollar another organization becomes so close an organization qualifying for tax that funds given to the organization thresholds. Paragraph (c) indicates that exempt status pursuant to 26 U.S.C. local committees of a political party are 1 become ‘‘for the purpose of influencing’’ 501(c)(3). This new provision would, an election. However, it would exclude themselves political committees if they for example, prevent national party exceed either of the $1,000 thresholds or organizations that have a merely committees from funneling money into incidental relationship to a candidate, if they engage in $5,000 in exempt groups that may not report their activity during a calendar year. See 11 e.g., that share a common vendor or a disbursements and receipts. Again, an staffer, and organizations that are bona CFR 100.7(b)(9), (15), (17); 11 CFR examination of how the money was fide charities or social welfare groups. 100.8(b)(10), (16), (18). Paragraph (d) ultimately spent would be unnecessary For purposes of this paragraph, indicates that an individual’s principal to determine political committee status. campaign committee or authorized (3) Money, services or anything of ‘‘controlled’’ would mean substantial committee becomes a political value received by an organization that participation in the organization’s committee when that individual is expressly authorized by its charter, decision-making regarding the becomes a candidate under 11 CFR constitution, bylaws, articles of organization’s activities or 100.3. incorporation or other organizational disbursements. Comments are sought on several document(s) to engage in activities for (5) Money, services, or anything of proposed amendments to the definitions the purpose of influencing federal value received by an organization that of ‘‘contribution’’ and ‘‘expenditure’’ elections. This paragraph would allow claims tax exempt status pursuant to 26 that the Commission is considering for an objective inquiry into the U.S.C. 527 and does not restrict its incorporating into the definition of purposes of an organization. Under this activities to influencing or attempting to ‘‘political committee’’ at 11 CFR 100.5. element, if an organization wanted to influence elections to state or local One approach would be to establish influence federal elections, it would public office or office in a political more objective criteria, even bright line have to register as a separate political organization. If an organization claims rules, for activities that fall within the committee to do so. 527 status and does not confine its regulatory definitions of ‘‘contribution’’ This paragraph would be limited to activities to state, local or intra-party and ‘‘expenditure,’’ respectively. groups that specifically state in their elections, it is acknowledging that it is Possible criteria are described below. organizational documents that they may an organization that is ‘‘influencing or This would alert organizations planning influence federal elections. Thus, attempting to influence the selection to spend more than the statutory groups whose enabling documents * * * of any individual to any Federal thresholds on these activities that they authorize them to engage in ‘‘any lawful * * * office.’’ 26 U.S.C. 527(e)(2). This will have to become, or establish, a purpose’’ or similarly broad language proposal would complement Public Law political committee in compliance with would not become political committees (‘‘P.L.’’) 106–230 and would subject 527 the FECA. Please note that, if these solely on the basis of this provision in organizations that influence federal objective criteria are included in the the absence of a specific election- elections to FECA’s reporting rules, money spent on these activities influencing proviso. requirements for political committees, will count against the FECA’s (4) Money, services or anything of rather than the reporting requirements contribution limits and, if sufficient value received by an organization that of Public Law 106–230. See 26 U.S.C. amounts are contributed or expended, is controlled by a federal candidate, his 527(a)(i)(6), and discussion of 527 they will also trigger the FECA’s or her principal campaign committee, or organizations, infra. reporting requirements. any other committee authorized by a (6) Payments or costs deemed to be in- federal candidate pursuant to 11 CFR A. Contribution Definition kind contributions for general public 100.5(f)(1),2 other than as an political communications, pursuant to The Commission seeks comments on organization qualifying for tax exempt 11 CFR 100.23. This provision would revising paragraph 100.5(a) by adding incorporate the Commission’s recently- six new descriptions to the definition of 1 26 U.S.C. 501(c)(3) provides federal tax promulgated coordination rules. 65 FR ‘‘contribution.’’ These new descriptions exemption to a charitable organization, so long as 76138 (Dec. 6, 2000). may include: it ‘‘does not participate in, or intervene in (including the publishing or distributing of (1) Money, services or any other thing statements), any political campaign on behalf of (or 3 Social welfare organizations registered with the of value received as the result of a in opposition to) any candidate for public office.’’ IRS under 26 U.S.C. 501(c)(4) may work in political solicitation, the express purpose of 2 Paragraph 100.5(f)(1) defines ‘‘authorized candidate elections, but only as long as that activity which was to raise money to influence committee’’ as the principal campaign committee or remains secondary to their primary, non-political any other political committee authorized by a work. They may also establish separate segregated federal elections. This provision would candidate to receive contributions or make funds (‘‘SSF’’) that engage in political activity; and codify Commission precedents. Under expenditures on behalf of such candidate, which qualify as political committees for FECA purposes this provision, a solicitation that in has not been disavowed under 11 CFR 100.3(a)(3). under 2 U.S.C. 441b(b)(2)(C) and 11 CFR 100.5(b).
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B. Expenditure Definition or more federal elections. This provision the control of a candidate or the major The Commission also seeks comments would rely on an organization’s purpose of which is the nomination or on revising paragraph (a) of section objective representations of purpose in election of a candidate.’’ 424 U.S. at 79. 100.5 by adding five new elements to the acquisition of goods or services to Similarly, in MCFL, the Supreme Court the definition of ‘‘expenditure.’’ These establish political committee status. noted that an organization that would new elements would include: The Commission also seeks comments otherwise be exempt from FECA’s (1) Payments or costs associated with on adding new paragraph (a)(3) to requirements would be classified as a the organization’s solicitation of money section 100.5. This paragraph would political committee if its ‘‘independent or any other thing of value, where the provide that, notwithstanding any other spending becomes so extensive that the solicitation appeals to donors by stating provision of 11 CFR 100.5, a business organization’s major purpose may be that donations will be used to influence organized for profit that provides goods regarded as campaign activity.’’ 479 U.S. a federal election. This proposal would or services to others at their usual and at 262. Several lower court decisions follow the first additional element of the normal charge would not be considered have also addressed the ‘‘major purpose’’ test. revised definition of ‘‘contribution,’’ a political committee. This savings In FEC v. GOPAC, 917 F.Supp. 851, supra. clause would prevent political 859, 862 (D.D.C. 1996), a federal district (2) Payments or costs deemed to be consultants and commercial vendors court interpreted the FECA to reach coordinated expenditures for general operating at the direction of their clients only groups that ‘‘received and/or public political communications, from becoming political committees if, for example, a vendor or consultant expended $1,000 or more and had as pursuant to 11 CFR 100.23. This their major purpose the election of a provision would incorporate the provides money up front to another vendor as an agent of a political particular candidate or candidates for Commission’s recently-promulgated federal office.’’ The court held that an coordination rules. 65 FR 76138 (Dec. 6, committee with the express instruction that the service provided be for the ‘‘organization’s purpose may be 2000). evidenced by its public statements of its (3) Payments or costs associated with purpose of influencing a federal election. Also, since vendors receive purpose or by other means, such as its any general public political expenditures in cash or in kind to or for communication that refers to a money from political committees organized under 11 CFR 100.5(b), (c), the benefit of a particular candidate or candidate for federal office and has candidates.’’ The Commission did not been tested to determine its probable and (d) and are for-profit organizations, without this exemption they would be appeal the district court’s opinion. impact on the candidate preference of Other courts have endorsed a different voters. This proposal would provide an considered political committees under proposed paragraph 100.5(a)(1)(ii). approach. objective basis for determining if an In Akins v. FEC, 101 F.3d 731 (D.C. otherwise independent ‘‘issue ad’’ was If these new descriptions of ‘‘contribution’’ and ‘‘expenditure’’ are Cir. 1997) (en banc) (‘‘Akins’’), a group in reality undertaken for the purpose of of former ambassadors, congressmen, influencing voters’ preferences with adopted, the Commission could add cross references in 11 CFR 100.7 and and government officials argued that the respect to one or more federal American Israel Public Affairs candidates. The term ‘‘general public 100.8 to the new language in 11 CFR 100.5(a), to alert readers that they need Committee (‘‘AIPAC’’), an organization political communication’’ would have they considered to be a political the same meaning as in 11 CFR 100.23: to also consult section 100.5. Alternatively, the Commission could committee, had failed to register with it will include communication ‘‘made the Commission or file campaign through a broadcasting station limit the impact of the proposed amendments to 11 CFR 100.5 to disclosure reports. In 1989, the year in (including a cable television operator), which the challenged activity took political committees, thus leaving the newspaper, magazine, outdoor place, AIPAC had a budget of about $10 current definitions of ‘‘contribution’’ advertising facility, mailing or any million. The Commission determined and ‘‘expenditure’’ in 11 CFR 100.7 and electronic medium, including the that AIPAC likely had made campaign Internet or on a web site, with an 100.8 unchanged. An alternative approach would be to contributions exceeding the $1,000 intended audience of over one hundred FECA threshold, but concluded that locate the proposed new objective people.’’ 11 CFR 100.23(e)(1). there was not probable cause to believe criteria in the generally applicable (4) Payments or costs associated with AIPAC was a political committee definitions of ‘‘contribution’’ and any general public political because its campaign-related activities ‘‘expenditure’’ found at 11 CFR 100.7 communication that refers to a were only a small portion of its overall and 100.8, respectively. The candidate for federal office, where the activities and, therefore, not its major Commission invites comments on intended audience has been selected purpose. based on its voting behavior. Like the which of these approaches is The Court of Appeals for the District previous element, this would provide an appropriate, as well as whether they of Columbia Circuit concluded that an objective basis for determining that a comport with constitutional safeguards organization should be considered a communication to a targeted group of and the Commission’s statutory political committee once it exceeds the people, such as those residing in a authority. No decision on whether to $1,000 contribution level, even though specific area, had the purpose of proceed further will be made until after its major purpose is not campaign- influencing voters’ preferences with the comment period has concluded. related activity. Id. at 741–42. The court respect to a particular candidate. Under II. The ‘‘Major Purpose’’ Test reasoned that the major purpose test this scenario, a link would have been becomes relevant only where established between the communication A. Case Law independent expenditures are involved. and the selection of the intended As explained above, the Buckley While the Supreme Court granted audience. Court stated that the overbreadth of the certiorari in the Akins case, it avoided (5) Payments made to a commercial general definition of ‘‘political ruling on this issue. Finding that ‘‘a vendor for a service or product with the committee’’ at 2 U.S.C. 431(4)(A) could considered determination of the scope express understanding that the service be avoided if the definition were limited of the statutory exemption that Congress or product be designed to influence one to ‘‘those organizations that are under enacted to address membership
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communication would helpfully inform rebutted ‘‘by showing that the B. Alternatives That Would Incorporate our consideration of the ‘major purpose’ contributions and expenditures giving ‘‘Major Purpose’’ Into the Text of the test,’’ the Court declined to rule on the rise to the presumption were not a major Rules test’s scope or meaning. 524 U.S. 1, 29 part of activities of the organization Comments are sought as to several 5 (1998). The Court suggested that a during the election cycle.’’ Id. The ways, which are described below, the broader interpretation of the Commission is seeking comments on major purpose test for political ‘‘membership exception’’ could affect its whether a similar approach should be committee status could be applied to evaluation of whether Buckley’s employed at the federal level. Should these entities. Please note that specific narrowing interpretation of what the Commission amend the definition of regulatory language that could be used constitutes a political committee is ‘‘political committee’’ at 11 CFR 100.5 to implement the various alternatives is necessary in all contexts. Id. at 28. In to contain a rebuttable presumption that not attached. light of the Commission adopting groups that have a major purpose of membership communication regulations supporting or opposing one or more Alternative 1: Percentage of that substantially expanded the number federal candidates are presumed to be Disbursements of organizations that could take political committees for purposes of One way to define ‘‘major purpose’’ advantage of the membership exception these rules? would consider an organization to be a without triggering political committee political committee if at least 50% of status, see 11 CFR 100.8(b)(4)(iv), In Florida Right to Life, Inc. v. that organization’s disbursements are 114.1(e), the Commission seeks Mortham, No. 98–770–CIV–ORL–19A, made for the purpose of influencing comments on whether a less restrictive 1999 WL 33204523, at *4, 5 (M.D. Fla., federal and non-federal elections. reading of Buckley is appropriate and Dec. 15, 1999), a federal district court Comments are sought on whether a necessary to promote fuller disclosure of declared Florida’s ‘‘political committee’’ 6 higher or lower percentage might be campaign activity. definition ‘‘unconstitutionally In declaring North Carolina’s overbroad’’ because its reach was not more appropriate in particular ‘‘political committee’’ definition limited to ‘‘organizations whose major circumstances. For example, an unconstitutional, the Fourth Circuit in purpose is engaging in ‘express organization may spend 30% or 40% of North Carolina Right to Life, Inc. v. advocacy,’ as that term is defined in its total disbursements on election- Bartlett, 168 F.3d 705, 712 (4th Cir. Buckley v. Valeo, 424 U.S. 1, 42–44 related activity, while its other 1999) read Buckley to limit narrowly the (1976).’’ The Eleventh Circuit affirmed disbursements are used for a wide range FECA’s definition of ‘‘political the district court, holding the definition of purposes. Under these circumstances, committee’’ to ‘‘includ[e] only those to be ‘‘unconstitutionally overbroad election-related activity could still be entities that have as a major purpose under the First Amendment,’’ in Florida considered that organization’s major engaging in express advocacy in support Right to Life, Inc. v. Lamar, 238 F.3d purpose, even though most of its of a candidate * * * by using words 1288 (11th Cir. 2001). spending went for other purposes. This such as ‘vote for,’ ‘elect,’ ‘support,’ ‘vote could also be true if, for example, an In South Carolina Citizens for Life, organization made 30% of its against,’ ‘defeat,’ or ‘reject.’’’ Inc. v. Davis, C.A. No. 3:00–124–19 (D. Consequently, North Carolina’s disbursements for electoral activity, and 4 S.C. Sept. 11, 2000), the federal district no more than 25% for any other definition of ‘‘political committee,’’ court in South Carolina declared which, like the FECA definition, purpose. (without analysis) South Carolina’s included organizations that ‘‘influence ‘‘political committee’’ definition (i.e., Alternative 2: Percentage of Time and or attempt to influence the result of an group of persons that spends more than Disbursements election’’ (a ‘‘classic form of issue $500 to ‘‘influence the outcome of an advocacy’’), was ‘‘unconstitutionally Another approach would evaluate not elective office’’) unconstitutional as vague and overbroad.’’ Id. at 713. only an organization’s receipts and In North Carolina Right to Life, Inc. v. applied to the plaintiff and permanently disbursements, but also the amount of Leake, 108 F.Supp.2d 498 (E.D. N.C. enjoined the defendants from enforcing time spent by its paid and unpaid staff. 2000) (‘‘NCRL’’), a federal district court it against the plaintiff’s ‘‘issue and Both time and money would be divided upheld a North Carolina statute revised express advocacy activities.’’ The among certain broad groupings, such as in light of Bartlett that, in contrast to the court’s order preliminarily enjoining the electoral, lobbying and educational FECA, defines ‘‘political committee’’ as, statute at issue did so because of its activity. The organization’s possible inter alia, a group that has ‘‘a major application to issue advocacy and status as a political committee could be purpose to support or oppose the because of the seriousness of the determined in several different ways. nomination or election of one or more plaintiff’s claim that its proposed For example, a determination could be candidates.’’ N.C.G.S. § 163– express advocacy was so insignificant made as to whether the group devoted 278.6(14)(d). The state law further (less than 20 percent of its over 50% of either its time or its provides that a group is presumed to disbursements) that the ‘‘major monetary resources to electoral activity have a ‘‘major purpose’’ of supporting or purpose’’ test would exempt it from the and thus became a political committee. opposing one or more candidates if its requirements of the statute. Alternatively, once these ratios are contributions and expenditures total determined, if the combined share of over $3,000 during an election cycle. 5 It should be noted that the court also held that time and money spent on elections is However, the state statute further an ‘‘express advocacy’’ component was not larger than that for either lobbying or constitutionally required of North Carolina’s education, the organization’s major provides that the presumption can be ‘‘political committee’’ definition. 6 Florida Stat. section 106.11(1) defined ‘‘political purpose could be considered to 4 Prior to Bartlett, North Carolina defined committee’’ as a ‘‘combination of two or more influence elections. The Commission ‘‘political committee’’ as ‘‘a combination of two or individual, or a person other than an individual, the seeks comments on these alternatives, as more individuals, or any person, committee, primary or incidental purpose of which is to well. association, or organization, the primary purpose of support or oppose any candidate, issue or political which is to support or oppose any candidate or party, which accepts contributions or makes 1. Volunteer Activity. Under political party or to influence or to attempt to expenditures during a calendar year in an aggregate Alternative 2, the Commission also influence the result of an election.’’ amount in excess of $500.’’ seeks comments on how, if at all,
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organizations should value volunteer expressly advocate the election or defeat The Commission invites comment on activity in making this calculation. of a clearly identified candidate.’ *** other possible content standards that Volunteer activity may become We therefore hold that an expenditure could be used for communications. significant in situations where, for must constitute ‘express advocacy’ in Alternative 4: Dollar Amount of example, an organization spends only a order to be subject to the prohibition of Campaign Activity small amount of money on election- § 441b.’’ 479 U.S. at 248–49, quoting related activity, but uses the money to Buckley, 424 U.S. at 80. As discussed above, the Akins case recruit and train groups of volunteers to This approach also follows Fourth illustrated that it is possible for a group canvass neighborhoods, run phone Circuit’s reading of Buckley in Bartlett, to spend millions of dollars in direct banks, or sponsor other volunteer Mortham and Davis, supra, and other candidate support that nevertheless activity that has a substantial impact on cases. represents only a small percentage of its the campaign. On the other hand, In Colorado Right to Life, Inc. v. overall financial activity. Thus, under volunteer activity is exempt from the Davidson, No. 99–1414, 2000 WL any of the alternatives set out above, its FECA’s definition of ‘‘contribution.’’ 2 1902427, at *14 (10th Cir., Dec. 26, ‘‘major purpose’’ might not be the U.S.C. 431(8)(B)(i), 11 CFR 100.7(b)(3); 2000), the Tenth Circuit declared a state election of candidates and it would but see 11 CFR 100.7(a) for statute defining ‘‘political committee’’ therefore not be a political committee. qualifications and exceptions. Thus, it unconstitutional as applied to plaintiffs. Consequently, the Commission seeks can be argued that the value of such The definition encompassed groups that comments on establishing a $50,000 activity should not be included in any ‘‘associated themselves for the purpose threshold for political committee status. ‘‘major purpose’’ computation. of making independent expenditures,’’ If an organization exceeds this amount 2. Time for the Computation. A i.e., on communications unambiguously in election activity, or alternatively in related issue is, what period of time referring to candidates. The court read express advocacy communications, it should be used in assessing major Buckley and its progeny for the rule that will automatically be deemed to have a purpose? Should it be an election cycle, ‘‘communications that do not contain major purpose of influencing federal a calendar year, a calendar quarter, or express words advocating the election elections. Thus, it will be a political some other period? or defeat of a particular candidate are committee, even if $50,000 represents a Using a quarterly basis would cover deemed issue advocacy, which the First small percentage of its total those situations where an organization Amendment shields from regulation.’’ disbursements for all activities. engaged in substantial lobbying and Id. at *7. Comments are also sought on a higher educational efforts and only nominal In Iowa Right to Life Committee, Inc. or lower threshold amount than campaign activity during the first three v . Williams, No. 4–98–CV–10399, slip $50,000. quarters of an election year, but put op. at 17 (S.D. Iowa, Oct. 23, 1998), a III. Section 527 Organizations and massive resources into a campaign federal district court preliminarily Recent Statutory Changes during the last quarter in which the enjoined Iowa’s definition of ‘‘political election was held. However, the committee,’’ which encompassed Section 527 of the Internal Revenue Code (‘‘I.R.C.’’) grants beneficial tax statutory framework of the Act is such committees that spend in excess of $500 treatment to political organizations, that it may be necessary to use a for the ‘‘purpose of supporting or commonly called ‘‘527 organizations,’’ calendar year in computing this activity. opposing a candidate for public office,’’ that meet the qualifications set forth Please note that once an organization because the ‘‘plain meaning of the qualifies as a political committee, it phrase can be interpreted to include retains that status until it terminates. Christian Action Network, Inc., 110 F.3d 1049, 1051 issue advocacy.’’ The court had read (4th Cir. 1997); Maine Right To Life Comm., Inc. v. See 11 CFR 102.3 (termination of Buckley as holding that the FEC, 98 F.3d 1 (1st Cir. 1996); Faucher v. FEC, 928 registration) and 11 CFR 102.4 ‘‘government may not regulate funds F.2d 468, 472 (1st Cir. 1991); FEC v. Central Long (administrative termination). spent to publish communications that Island Tax Reform Immediately Comm., 616 F.2d 45, 53 (2d Cir. 1980) (en banc); Kansans for Life, Alternative 3: Percentage of contain what is generally referred to as Inc. v. Gaede, 38 F. Supp.2d 928 (D. Kan. 1999); Disbursements Spent on ‘issue advocacy.’’’ Id. at 8 n.3. Right to Life of Mich., Inc. v. Miller, 23 F. Supp.2d Communications Containing Express In Virginia Soc’y for Human Life, Inc. 766 (W.D. Mich. 1998); Planned Parenthood v. Caldwell, 152 F.3d 268 (4th Cir. Affiliates of Mich., Inc. v. Miller, 21 F. Supp.2d 740 Advocacy (E.D. Mich. 1998); Right To Life of Dutchess County, 1998), the Fourth Circuit held that a In contrast to Alternatives 1 and 2, the Inc. v. FEC, 6 F. Supp.2d 248 (S.D. N.Y. 1998); constitutionally narrow construction of Commission is considering a Clifton v. FEC, 927 F. Supp. 493, 496 (D. Me. 1996), Virginia’s ‘‘political committee’’ aff’d on other grounds, 114 F.3d 1309 (1st Cir. substantially narrower approach to definition was not readily apparent 1997); FEC v. Survival Educ. Fund, Inc., 1994 WL determining an organization’s major 9658, at *3 (S.D. N.Y. Jan. 12, 1994), aff’d in part because the statutory language purpose. Under Alternative 3, the and rev’d in part on other grounds, 65 F.3d 285 (2d encompassed groups that spend money organization would compare its total Cir. 1995); FEC v. Colorado Republican Fed. ‘‘for the purpose of influencing the Campaign Comm., 839 F.Supp. 1448, 1456 (D. Colo. disbursements to only the amount it outcome of any election’’ and thus 1993), rev’d on other grounds, 59 F.3d 1015 (10th spends on general public political Cir. 1995), vacated on other grounds, 519 U.S. 604 necessarily applied to ‘‘materials which communications that expressly advocate (1996); West Virginians For Life, Inc. v. Smith, 919 simply describe a candidate’s voting the election or defeat of clearly F.Supp. 954, 959 (S.D. W.Va. 1996); FEC v. NOW, record in the hopes of influencing 713 F.Supp. 428 (1989); FEC v. AFSCME, 471 F. identified candidates (i.e., ‘‘independent people’s votes, that is, issue Supp. 315, 317 (D. D.C. 1969); Washington State expenditures,’’ 2 USC 431(17)) and any Republican Party v. State Public Disclosure discussion.’’ 7 contributions, 2 USC 431(8). This Comm’n, 141 Wash.2d 245, 4 P.3d 888 (2000); Elections Bd. Of Wisconsin v. Wisconsin Mfrs. & approach is consistent with MCFL, 7 Numerous other courts, while not addressing Commerce, 227 Wis.2d 650, 597 N.W.3d 721 (1999); which reiterated and expanded the the constitutionality of ‘‘poltical committee’’ Osterberg v. Peca, 12 S.W.3d 31, 50–52 (Tex. 2000); scope of the express advocacy definitions, have addressed the application of the Brownsburg Area Patrons Affecting Change v. requirement to section 441b of the Act: express advocacy requirement. See Perry v. Bartlett, Baldwin, 714 N.E.2d 135 (Ind. 1999); State v. Proto, 231 F.3d 155, 160 (4th Cir. 2000); Vermont Right 526 A.2d 1297, 1310–11 (Conn. 1987); Richey v. ‘‘[In Buckley], the Court held that the to Life, Inc. v. Sorrell, 221 F.3d 376, 386 (2nd Cir. Tyson, 120 F.Supp.2d 1298, 1310–12 (S.D. Ala. term ‘expenditure’ encompassed ‘only 2000); Iowa Right to Life Comm., Inc. v. Williams, 2000); Chamber of Commerce of the United States funds used for communications that 187 F.3d 963, 968–70 (8th Cir. 1999); FEC v. v. Moore, No. 00–228ws (S.D. Miss. Nov. 2, 2000).
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below. Organizations that qualify as unless they qualified as FECA 11 CFR 100.5 Political committee (2 U.S.C. FECA political committees qualify as committees, or voluntarily disclosed 431(4), (5), (6)). 527 organizations, and thus are able to this information, little was known about * * * * * take advantage of this beneficial tax their funding or activities. (a) Except as provided in paragraphs treatment.8 Other 527 organizations, When the Commission first (b), (c) and (d) of this section, any however, are alleged to have engaged in considered the possibility of a committee, club, association, or other substantial political activity that fails to rulemaking in this area, it anticipated group of persons that receives trigger the FECA registration and that one of the issues such a rulemaking contributions aggregating in excess of reporting requirements, and might address would be treatment of $1,000, or that makes expenditures contribution restrictions. section 527 organizations. Since that aggregating in excess of $1,000 during a The I.R.C. at section 527(e)(1) defines time, however, P.L. 106–230, 114 Stat. calendar year is a political committee. ‘‘political organization’’ as ‘‘a party, 477, was signed into law on July 1, (1) The following are examples of committee, association, fund, or other 2000. That law requires 527 ‘‘contributions’’ within the meaning of organization (whether or not organizations to notify the Secretary of 11 CFR 100.7(a): incorporated) organized and operated the Treasury of their status and provide (i) Money, services or any other thing primarily for the purpose of directly or certain identifying information within of value received as the result of a indirectly accepting contributions or 24 hours of the date on which the solicitation, the express purpose of making expenditures, or both, for an organization is established, 26 U.S.C. which was to raise money to influence exempt function.’’ ‘‘Exempt function’’ is 527(a)(i)(1), or 30 days after the date of federal elections; defined at I.R.C. section 527(e)(2) to enactment of the law, for those (ii) Money, services or anything of include ‘‘the function of influencing or organizations in existence on July 1, value received from a political attempting to influence the selection, 2000. 26 U.S.C. 527(d)(2). They must committee organized pursuant to nomination, election, or appointment of also disclose information on paragraphs (b), (c), or (d) of this section, any individual to any Federal, State, or expenditures that aggregate over $500 in except money, services or anything of local public office or office in a political a calendar year to a single person, and value received by an organization organization, or the election of contributions from persons that qualifying for tax exempt status Presidential or Vice-Presidential aggregate $200 or more during a pursuant to 26 U.S.C. 501(c)(3); electors, whether or not such individual calendar year. For additional (iii) Money, services or anything of information on this new law, see or electors are selected, nominated, value received by an organization that is elected or appointed.’’ Revenue Ruling 2000–49 (Oct. 30, expressly authorized by its charter, This definition is on its face 2000). Please note that these statutory constitution, bylaws, articles of substantially broader than the FECA requirements do not apply to incorporation or other organizational definition of ‘‘political committee.’’ organizations that qualify as political document to engage in activities for the Moreover, beginning in 1996, the committees under the FECA. 26 U.S.C. purpose of influencing federal elections; Internal Revenue Service (‘‘IRS’’) has 527(a)(6), 527(j)(5)(A). issued a series of private revenue Despite enactment of Public Law 106– (iv) Money, services or anything of rulings holding that activities such as 230, concern remains that Commission value received by an organization that is circulating voting records, voter guides, action is needed to clarify when an controlled by a federal candidate, his or and ‘‘issue advocacy’’ organization becomes a political her principal campaign committee, or communications—those that do not committee under the FECA. While many any other committee authorized by a expressly advocate the election or defeat 527 organizations are complying with federal candidate pursuant to paragraph of a clearly identified candidate—fall the new tax law and IRS requirements, (f)(1) of this section. This provision within the ‘‘exempt function’’ category others may have changed their tax status shall not encompass an organization under I.R.C. section 527(e)(2). Private in order to avoid having to do so. The qualifying for tax exempt status Rulings 9652026 (Oct. 1, 1996), 9808037 Commission is seeking comment as to pursuant to 26 U.S.C. 501(c)(3) or (c)(4) (Nov. 21, 1997), and 199925051 (March how this rulemaking should address 527 or an organization whose exclusive 29, 1999). As knowledge of these rulings organizations and organizations that are purpose is the election or nomination of became more widespread, the number of not organized under 26 U.S.C. 527. that candidate for state or local office; 527 organizations is thought to have The Commission also welcomes (v) Money, services, or anything of increased substantially, with a comments on any other aspect of the value received by an organization that concomitant increase in their spending issues addressed in this Notice. claims tax exempt status pursuant to 26 U.S.C. 527 and does not restrict its on federal elections. See Hill, ‘‘Probing List of Subjects in 11 CFR Part 100 the Limits of Section 527 to Design a activities to influencing or attempting to New Campaign Finance Vehicle,’’ Tax Elections. influence elections to state or local Notes, Jan. 17, 2000, at 387–88. For the reasons set out in the public office or office in a political Until recently, section 527 preamble, it is proposed to amend organization; or organizations that did not qualify as Subchapter A, Chapter I of title 11 of the (vi) Payments or costs deemed to be political committees under the FECA Code of Federal Regulations to read as in-kind contributions for general public filed no registration statements or follows: political communications, pursuant to informational material with the 11 CFR 100.23. PART 100—SCOPE AND DEFINITIONS Commission or the IRS. Moreover, since (2) The following are examples of (2 U.S.C. 431) section 527 taxes only investment ‘‘expenditures’’ within the meaning of income earned by these organizations, 1. The authority citation for Part 100 11 CFR 100.8: see 26 U.S.C. 527(f), and many earn no would continue to read as follows: (i) Payments or costs associated with such income, they are not required to the organization’s solicitation of money file tax returns with the IRS. Thus, Authority: 2 U.S.C. 431, 434(a)(11), and or any other thing of value, where the 438(a)(8). solicitation appeals to donors by stating 8 Section 527 organizations are taxed only on 2. Paragraph (a) of section 100.5 that donations will be used to influence their investment income. 26 U.S.C. 527(f). would be revised to read as follows: a federal election;
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(ii) Payments or costs deemed to be exposure to government-sponsored to the risk created by credit coordinated expenditures for general enterprises (GSEs). concentrations in a single counterparty public political communications, DATES: The Finance Board will consider or group of affiliated counterparties. See pursuant to 11 CFR 100.23; written comments on the proposed 66 FR 8301–02. (iii) Payments or costs associated with rulemaking that are received on or The new unsecured credit limits in 12 any general public political before April 23, 2001. CFR 932.9 are more restrictive than those that are applied under the FMP. communication that refers to a ADDRESSES: Send comments to: Elaine They allow the Banks, however, to candidate for federal office and has been L. Baker, Secretary to the Board, by tested to determine its probable impact extend unsecured credit to lower-rated electronic mail at [email protected], or by counterparties than is now allowed on the candidate preference of voters; regular mail to the Board, at the Federal (iv) Payments or costs associated with under the FMP and will remove Housing Finance Board, 1777 F Street, maturity constraints on extensions of any general public political N.W., Washington, D.C. 20006. communication that refers to a unsecured credit that are contained in Comments will be available for Section VI of the FMP. Before a Bank candidate for federal office, where the inspection at this address. intended audience has been selected may extend unsecured credit to any based on its voting behavior; or FOR FURTHER INFORMATION CONTACT: counterparty (or affiliated (v) Payments made to a commercial James L. Bothwell, Managing Director, counterparties) to which a Bank could vendor for a service or product, with the (202) 408–2821; Scott L. Smith, Acting not previously lend because of the express understanding that the service Director, (202) 408–2991; or Julie Paller, credit rating restrictions or maturity or product be designed to influence one Senior Financial Analyst, (202) 408– limits in the FMP, the Bank must obtain or more federal elections. 2842, Office of Policy, Research and the Finance Board’s approval for the (3) Notwithstanding any other Analysis; or Thomas E. Joseph, lending activity as a new business provision of this section, a business Attorney-Advisor, (202) 408–2512, activity pursuant to 12 CFR Part 980. entity organized for profit that provides Office of General Counsel, Federal The new limits do not apply to goods or services to others at the usual Housing Finance Board, 1777 F Street, obligations backed by the full faith and and normal charge for such goods or N.W., Washington, D.C. 20006. credit of the United States government, services shall not be considered a SUPPLEMENTARY INFORMATION: which is the case under the unsecured credit guidelines of the FMP. Section political committee. Discounts may be I. Background provided as set forth in 11 CFR 932.9 also does not require a Bank to 9008.9(a). On December 20, 2000, in accordance unwind positions that do not conform to with the Gramm-Leach-Bliley Act, Pub. the new requirements provided the * * * * * Law No. 106–102, 133 Stat. 1338 (Nov. credit was extended in accordance with Dated: March 1, 2001. 12, 1999) (GLB Act), the Finance Board the FMP before the effective date of the Danny L. McDonald, adopted a final rule to implement the new rule. Chairman, Federal Election Commission. new capital structure that the GLB Act II. Proposed Rule [FR Doc. 01–5473 Filed 3–6–01; 8:45 am] established for the Banks. See 66 FR SUPPLEMENTARY BILLING CODE 6715–01–P 8262 (Jan. 30, 2001). As part of the final As discussed in the capital rule, the Finance Board adopted INFORMATION section of the adopting new limits on the permitted amounts of release of the final capital rule, the Finance Board believes that the FEDERAL HOUSING FINANCE BOARD a Bank’s unsecured credit exposures to a single counterparty or a group of diversification of risk, particularly with 12 CFR Part 932 affiliated counterparties. Id. at 8318–19 regard to unsecured credit, promotes the (to be codified at 12 CFR 932.9). These safety and soundness of the Banks and [No. 2001–03] new limits represent a revision and that the specific limits adopted in 12 RIN 3069–AB11 codification of the unsecured credit CFR 932.9 are necessary to address the guidelines of Section VI of the FMP, increase in credit risk associated with Unsecured Credit Limits for Federal Finance Board Res. No. 96–45 (July 3, concentrations of credit exposures. The Home Loan Banks 1996), as amended by Finance Board limits are not unduly onerous 2 and Res. No. 96–90 (Dec. 6, 1996), Finance generally are consistent with those AGENCY: Federal Housing Finance Board Res. No. 97–05 (Jan. 14, 1997), applicable to commercial banks. See 12 Board. and Finance Board Res. 97–86 (Dec. 17, CFR Part 32. ACTION: Proposed rule. 1997), which will remain in effect until It has been suggested, however, that these new limits take effect on July 2, as applied to debt issued by the GSEs, SUMMARY: On December 20, 2000, as 2001.1 During the comment period for the new limits may present problems for part of its new capital rule, the Federal the proposed capital rule, many some Banks. Under the FMP, the Banks Housing Finance Board (Finance Board) commenters generally opposed the could maintain unsecured credit approved new limits on the amounts of implementation of the unsecured credit exposures with a single GSE in an unsecured credit that a Federal Home guidelines in § 932.9, but did not amount equal to 100 percent of the Loan Bank (Bank) may extend to a comment on the specific limits set in Bank’s capital. The new unsecured single counterparty or group of affiliated the rule, which are designed to address credit limits would treat GSEs like other counterparties. These new unsecured safety and soundness concerns related private counterparties and base the limits revised and codified the unsecured credit limit on the long- or unsecured credit guidelines set forth in 1 The Chairman of the Bank Presidents’ the Finance Board’s Financial Conference requested an extension of the March 1, 2 If extension of credit to GSEs are not included, Management Policy (FMP). The Finance 2001 effective date for complying with the new at year-end 2000, the Banks in aggregate had only Board is, hereby, proposing unsecured credit limits. In response, the Finance just over $4.4 billion in unsecured extensions of Board has waived the March 1, 2001 date by credit that would be in excess of the limits set forth amendments to the unsecured credit Resolution, dated February 28, 2001, and has in 12 CFR § 932.9 compared with a total unsecured provisions of the capital rule to increase extended the date for compliance with § 932.9 by extensions of credit to private counterparties of just the limit on a Bank’s unsecured credit 120 days until July 2, 2001. over $84 billion.
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short-term ratings assigned to the GSE not proposing to do so at this time. If provides the organizational framework by a Nationally Recognized Statistical commenters support such an exclusion, for the second of three public staff Rating Organization (NRSRO). Generally they should provide data indicating conferences in a dialog between the speaking, GSEs currently receive the how the lack of such an overnight industry and Commission staff. This highest investment grade rating assigned Federal funds exclusion in 12 CFR 932.9 conference focuses on affiliate issues. by an NRSRO. For all such would negatively affect the Banks and EFFECTIVE DATE: The conference will counterparties, a Bank’s maximum should address why such an exclusion take place on March 15, 2001, starting allowable unsecured credit exposure would not raise safety and soundness at 1 p.m. Persons wishing to submit under § 932.9 cannot exceed 15 percent concerns. further comments following the of the Bank’s total capital or of the III. Regulatory Flexibility Act conclusion of the conference must counterparty’s regulatory capital, submit them by April 30, 2001. whichever amount is lower. The proposed rule applies only to the ADDRESSES: Federal Energy Regulatory Some Banks have indicated that, Banks, which do not come within the Commission, 888 First Street, NE., given the magnitude of the reduction in meaning of small entities as defined in Washington, DC 20426. the allowable credit exposure to a GSE the Regulatory Flexibility Act (RFA). FOR FURTHER INFORMATION CONTACT: under § 932.9, they will experience See 5 U.S.C. 601(6). Therefore, in difficulty in developing new investment accordance with section 605(b) of the Robert A. Flanders, Office of Markets, strategies to conform to these new RFA, 5 U.S.C. 605(b), the Finance Board Tariffs and Rates, Federal Energy limits. Since publication of the final hereby certifies that this proposed rule, Regulatory Commission, 888 First unsecured credit rule, some Banks have if promulgated as a final rule, will not Street, NE., Washington, DC 20426, indicated that GSE debt offers an have a significant economic effect on a (202) 208–2084, e-mail: attractive risk-return profile not substantial number of small entities. [email protected] available from other investments, IV. Paperwork Reduction Act Notice Organizing Staff Conference on especially in the immediate future. Competitive Natural Gas Markets Some Banks also have suggested that The proposed rule does not contain GSEs are a better credit risk than other any collections of information pursuant This notice provides the counterparties, even those to the Paperwork Reduction Act of 1995. organizational format for the Federal counterparties with the highest See 33 U.S.C. 3501 et seq. Therefore, the Energy Regulatory Commission staff investment grade ratings, and point to Finance Board has not submitted any conference to be held on March 15, 2001 the premium over corporate debt at information to the Office of to discuss how the changes in the which GSE debt trades in the markets as Management and Budget for review. natural gas market affect the way in an indication of the GSEs’ special status. which the Commission should regulate Dated: February 28, 2001. These Banks further claim that the new transportation transactions between restrictions on their credit exposures to By the Board of Directors of the Federal pipelines and their affiliates, as well as Housing Finance Board. GSEs may result in greater investment between pipeline capacity holders and in instruments with a lesser credit Allan I. Mendelowitz, their affiliates, capacity managers and quality. Chairman. agents. The purpose of this conference In the SUPPLEMENTARY INFORMATION [FR Doc. 01–5474 Filed 3–6–01; 8:45 am] is to continue the dialog begun with the section of the final capital rule, the BILLING CODE 6725–01–P September 19, 2000 staff conference to Finance Board noted that it ‘‘may solicit enable the industry to discuss with staff, additional comments regarding the as well as with each other, issues appropriateness of the [unsecured DEPARTMENT OF ENERGY relating to the development of credit] limits in future rulemaking and Commission policy and regulatory may consider revising them at that Federal Energy Regulatory responses to rate and service revisions time.’’ 66 FR 8302. The Finance Board Commission to meet the needs of the changing also recognizes that for some Banks, the natural gas market. The conference will magnitude of the reduction in the 18 CFR Part 284 begin at 1:00 p.m. at the Commission’s offices, 888 First Street, NE., allowable unsecured credit limit [Docket No. PL00–1–000] applicable to GSEs could be disruptive Washington, DC in the Commission’s and that, historically, GSEs have been Dialog Concerning Natural Gas Meeting Room. viewed more favorably by debt markets Transportation Policies Needed To The November 22, 2000 notice 1 of the than even the highest-rated corporate Facilitate Development of Competitive conference requested those who were debt issuers. Thus, the Finance Board is Natural Gas Markets interested in making presentations or proposing to amend 12 CFR 932.9 to participating to indicate their interest by raise the limit on a Bank’s unsecured March 2, 2001. January 5, 2001. Sixteen requests to extensions of credit to a GSE and is AGENCY: Federal Energy Regulatory participate in the roundtable debate requesting comment and supporting Commission, Department of Energy. were made and comments from twenty- analysis concerning the appropriate ACTION: Notice organizing staff six interested persons were received. level for this new limit. conference. The conference will be structured as It also has been suggested that the a roundtable debate with staff as Finance Board amend 12 CFR 932.9 to SUMMARY: In Order 637, issued on moderator. Panel participants are exclude from the unsecured credit February 9, 2000, the Federal Energy identified below. In order to facilitate a limits the sale of Federal funds with a Regulatory Commission (Commission) robust discussion of the affiliate issues maturity of one day or less, or Federal revised its regulatory policies, amended identified in the November 22, 2000 funds sold under a continuing contract, its regulations, and established new notice, a roundtable debate format was as do commercial bank regulators. See procedures to enhance the selected. Accordingly, participants will 12 CFR Part 32. The Finance Board competitiveness and efficiency of not have the opportunity to make oral requests comment on whether it should markets for the transportation of natural adopt such an exclusion, although it is gas in interstate commerce. This notice 1 65 FR 75627 (Dec. 4, 2000).
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presentations. Interested persons have paper filing. For paper filings, the sought reconsideration of: our denial of already had the opportunity to submit original and 14 copies of such United States Telephone Association written comments reflecting their comments should be submitted to the petition for forbearance; the positions, and, as discussed below, are Office of the Secretary, Federal Energy methodology for certain equipment life invited to submit additional comments. Regulatory Commission, 888 First ranges, and the accounting treatment in Participants should feel free to discuss Street, NE., Washington, DC 20426 and waiver situation. The Commission or debate all topics during the course of should refer to Docket No. PL00–1–000. concluded that US West, Inc had not the roundtable debate. Comments filed via the Internet must provided any new information or The composition of the roundtable be prepared in WordPerfect, MS Word, arguments that required us to alter our panel is as follows: Portable Document Format, or ASCII prior rulings. Dena Wiggins, Process Gas Consumers format. To file the document, access the ADDRESSES: Office of the Secretary, Group, et al. Commission’s website (www.ferc.fed.us) Federal Communications Commission, Representative to be designated, Ad Hoc and click on ‘‘Make An E-Filing,’’ and 445–12th Street, SW, TW–A325, Marketers Group then follow the instructions for each Washington, DC 20554. Thomas Riley, Independent Oil & Gas screen. First-time users will have to FOR FURTHER INFORMATION CONTACT: Assoc. of West Virginia establish a user name and password. JoAnn Lucanik, Accounting Safeguards Alice Curtis, American Gas Association The Commission will send an automatic Division, Common Carrier Bureau, at Craig Goodman, National Energy acknowledgment to the sender’s E-Mail (202) 418–0873. address upon receipt of comments. Marketers Assoc. SUPPLEMENTARY INFORMATION: This is a User assistance for electronic filing is Joan Dreskin, Interstate Natural Gas summary of the Commission’s Order on available at 202–208–0258 or by E-Mail Assoc. of America Reconsideration adopted February 21, to [email protected]. Comments should Jeff Holligan, Amoco Production 2001, and released February 26, 2001. not be submitted to the E-Mail address. Company and BP Energy Company The full text of this Commission All comments will be placed in the Denise Goulet, National Assoc. of State decision is available for inspection and Commission’s public files and will be Utility Consumer Advocates copying during normal business hours available for inspection in the John Smith, The Williams Companies in the FCC Reference Center (Room CY– Commission’s Public Reference Room at Mark Haskell, Natural Gas Supply A257), 445 12th Street, SW, 888 First Street, NE., Washington, DC Assoc. Washington, DC 20554. The complete 20426 during regular business hours. Leslie Lawner, Enron North America text may also be purchased from the Additionally, all comments may be Corporation Commission’s copy contractor, viewed, printed, or downloaded Paul Koonce, Dominion Resources, Inc. International Transcription Service, remotely via the Internet through Michael Linn, Independent Petroleum Inc., 1231 20th Street, Washington, DC FERC’s Homepage using the RIMS link. Assoc. of America 20036, telephone (202) 857–3800. Ed Ross, Dynegy, Inc. User assistance for RIMS is available at Phillip Teumim, New York Public 202–208–2222, or by E-Mail to Summary of Order on Reconsideration Service Commission [email protected]. In this order, we deny a petition for Kirby Bosley, Reliant Energy Services, Questions about the conference reconsideration filed on May 10, 2000, Inc. should be directed to: Robert Flanders, by US West, Inc. (now Qwest) of our Mike Reidy, California Dairy Coalition Office of Markets Tariffs and Rates, December 30, 1999 Order (Depreciation of Concerned Energy Consumers Federal Energy Regulatory Commission, Order) (which was not published in the The Capitol Connection patrons in the 888 First Street, NE., Washington, DC Federal Register). In the Depreciation Washington, DC area will receive 20426, 202–208–2084, Order, which was part of our 1998 notices regarding the broadcast of the [email protected] Biennial Regulatory Review proceeding, conference. The conference will be Linwood A. Watson, we undertook an extensive review of available, for a fee, live over the Acting Secretary. our depreciation requirements for price Internet, via C-Band Satellite, and via [FR Doc. 01–5518 Filed 3–6–01; 8:45 am] cap incumbent local exchange carriers telephone conferencing. Persons BILLING CODE 6717–01–M (ILECs). Although we denied a petition interested in receiving the broadcast, or filed by the United States Telecom who need further information, should Association (USTA) to forbear from contact David Reininger or Julia Morelli FEDERAL COMMUNICATIONS imposing depreciation requirements on at the Capitol Connection (703–993– COMMISSION price cap ILECs, we significantly 3100) as soon as possible or visit the streamlined our depreciation Capitol Connection web site at http:// 47 CFR Part 43 requirements, and set out specific www.capitolconnection.org and click conditions under which ILECs could on ‘‘FERC.’’ [CC Docket No. 98–137; FCC 01–68] seek waiver of these requirements. The Commission invites interested In a subsequent order, released on 1998 Biennial Regulatory Review— persons and participants to submit November 7, 2000, 66 FR 9681 Review of Depreciation Requirements additional comments on the affiliate (February 9, 2001), we reviewed an for Incumbent Local Exchange Carriers issues debated at the conference alternative proposal for relieving including any related matters or AGENCY: Federal Communications carriers of our depreciation alternative proposals that commenters Commission. requirements. We concluded that the may wish to discuss and must be ACTION: Proposed rule; denial. alternative proposal to permit an above- received by the Commission before 5 the-line accounting treatment of the p.m. on April 30, 2001. SUMMARY: In this document the financial-to-regulatory book differential After-conference comments may be Commission denied US West, Inc. (now in lieu of a below-the-line accounting filed either in paper format or Qwest) petition for reconsideration of treatment lacked the inherent electronically. Those filing our December 30, 1999 Depreciation protections provided for in the waiver electronically do not need to make a Order. The US West, Inc. petition process adopted in the Depreciation
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Order. Thus, we declined to relieve proposes the substitution of Channel PART 73—RADIO BROADCAST carriers of our depreciation 221C3 for Channel 221A at Caro, SERVICES requirements in circumstances where Michigan, and the reallotment of they elected above-the-line treatment. Channel 221C3 from Caro to Cass City, 1. The authority citation for part 73 In its petition for reconsideration, Michigan. Channel 221C3 can be continues to read as follows: Qwest requests (1) that we reconsider allotted at Cass City in compliance with Authority: 47 U.S.C. 154, 303, 334 and 336. our denial of USTA’s petition for the Commission’s minimum distance § 73.202 [Amended] forbearance of our depreciation separation requirements, with respect to requirements; (2) that if USTA’s petition domestic allotments, at a site 4.9 2. Section 73.202(b), the Table of FM is not granted, we reconsider our kilometers (3.0 miles) northeast of the Allotments under Michigan is amended methodology for establishing service life community at coordinates 48–38–20 NL to remove Caro, Channel 221A and add ranges for telecommunications plant and 83–08–38 WL. The second, filed by Cass City, Channel 221C3. equipment; and (3) that for purposes of D&H Media, permittee of Station 3. Section 73.202(b), the Table of FM seeking a waiver of the depreciation KWKJ(FM), Warsaw, Missouri, proposes Allotments under Missouri is amended requirements, we permit an above-the- the reallotment of Channel 253A from to remove Channel 253A at Warsaw and line accounting treatment of the Warsaw to Windsor, Missouri. Channel add Windsor, Channel 253A. differential between regulatory and 253A can be allotted at Windsor in Federal Communications Commission. financial book reserve levels. compliance with the Commission’s John A. Karousos, After review of the arguments minimum distance separation Chief, Allocations Branch, Policy and Rules presented on reconsideration, we requirements, with respect to domestic Division, Mass Media Bureau. conclude that Qwest has not provided allotments, without the imposition of a [FR Doc. 01–4323 Filed 3–6–01; 8:45 am] any new information or arguments that site restriction at coordinates 38–31–56 BILLING CODE 6712–01–P require us to alter our prior rulings. The NL and 93–31–19 WL. precise issues and arguments that Qwest DATES: raises on reconsideration were Comments must be filed on or thoroughly considered and examined in before April 5, 2001 and reply DEPARTMENT OF THE INTERIOR comments must be filed on or before the previous proceeding. Our analysis Fish and Wildlife Service and reasons for our rulings are fully April 20, 2001. ADDRESSES: Federal Communications stated in the Depreciation Order, and 50 CFR Part 17 the November 2000 Order further Commission, 445 Twelfth Street, S.W., underscores the appropriateness of the Washington, DC 20554. In addition to RIN 1018–AG71 decision to deny reconsideration. filing comments with the FCC, Accordingly, pursuant to sections 4, interested parties should serve Endangered and Threatened Wildlife 201–205, 218–220, 303(r), and 405 of petitioner(s) as follows: for MM Docket and Plants; Reopening of Comment the Communications Act of 1934, as No. 01–33, Edwards Communications, Period and Notice of Availability of the amended, 47 U.S.C. 154, 201–205, 218– L.C., C/O John S. Neely, Miller and Draft Economic Analysis for Proposed 220, 303(r), and 405 of the Miller, P.C., P.O. Box 33003 Critical Habitat for 76 Plants From the Communications Act of 1934, as Washington, DC 20033; for MM Docket Islands of Kauai and Niihau, HI No. 01–34, D&H Media, C/O Howard J. amended, and §§ 1.106 and 1.429 of the AGENCY: Fish and Wildlife Service, Commission’s rules, 47 CFR 1.106, Barr, Pepper and Corazzini, LLP, 1776 K Interior. 1.429, that the petition for Street, NW., Suite 200, Washington, DC ACTION: Proposed rule; reopening of reconsideration filed May 10, 2000, by 20006–2334. comment period and notice of US West, Inc. (now Qwest) is denied. FOR FURTHER INFORMATION CONTACT: availability of draft economic analysis. Federal Communications Commission. Victoria M. McCauley, Mass Media Magalie Roman Salas, Bureau, (202) 418–2180. SUMMARY: We, the U.S. Fish and Secretary. SUPPLEMENTARY INFORMATION: This is a Wildlife Service (Service), announce the [FR Doc. 01–5489 Filed 3–6–01; 8:45 am] synopsis of the Commission’s Notice of availability of the draft economic BILLING CODE 6701–12–U Proposed Rule Making, MM Docket Nos. analysis for the proposed designations 01–33 and 01–34, adopted January 31, of critical habitat for 76 plants from the 2001, and released February 9, 2001. islands of Kauai and Niihau, Hawaii. FEDERAL COMMUNICATIONS The full text of this Commission We are also providing notice of the COMMISSION decision is available for inspection and reopening of the comment period for the copying during normal business hours proposal to designate critical habitat for 47 CFR Part 73 in the FCC Reference Center (Room these 76 plants to allow all interested [DA 01–286; MM Docket Nos. 01–33, 01– 239), 445 12th Street, SW., Washington, parties to comment simultaneously on 34; RM–10060, RM–10061] DC. The complete text of this decision the proposed rule and the associated may also be purchased from the draft economic analysis. Comments Radio Broadcasting Services; Warsaw, Commission’s copy contractor, previously submitted need not be Windsor, MO, and Caro, Cass City, MI International Transcription Services, resubmitted as they will be incorporated into the public record as part of this AGENCY: Federal Communications Inc., (202) 857–3800, 1231 20th Street, NW., Washington, DC 20036. reopened comment period and will be Commission. fully considered in the final rule. ACTION: Proposed rule. List of Subjects in 47 CFR Part 73 DATES: We will accept public comments SUMMARY: The Commission requests Radio broadcasting. until April 6, 2001. comment on two petitions for For the reasons discussed in the ADDRESSES: Written comments and rulemaking. One filed by Edwards preamble, the Federal Communications information should be submitted to Communications, L.C., licensee of Commission proposes to amend 47 CFR Field Supervisor, U.S. Fish and Wildlife Station WIDL(FM), Caro, Michigan, part 73 as follows: Service, Pacific Islands Office, 300 Ala
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Moana Blvd., P.O. Box 50088, Honolulu, beneficial to the species, or because we form of encryption. Please also include HI 96850–0001. For electronic mail believe that designation of critical ‘‘Attn: RIN 1018–’’ and your name address and further instructions on habitat would likely increase the threat and return address in your e-mail commenting, refer to Public Comments to the species from vandalism or message. If you do not receive a Solicited section of this notice. collection. The remaining 14 species confirmation from the system that we FOR FURTHER INFORMATION CONTACT: Paul historically found on Kauai and/or have received your e-mail message, Henson, Field Supervisor, Pacific Niihau, no longer occur on these contact us directly by calling our Islands Office, at the above address islands. However, these species do Honolulu Fish and Wildlife Office at (telephone: 808/541–3441; facsimile: occur on other islands, so proposed telephone number 808/541–3441. 808/541–3470). prudency determinations will be made (3) You may hand-deliver comments in future rules addressing plants on to our Honolulu Fish and Wildlife SUPPLEMENTARY INFORMATION: those islands. The original comment Office at the address given above. Background period closed on January 8, 2001. Based Comments and materials received, as We, the U.S. Fish and Wildlife on a request to hold a public hearing, well as supporting documentation used Service (Service) have reconsidered our we reopened the comment period until in preparation of the proposal to findings concerning whether February 19, 2001. The public hearing designate critical habitat, will be designating critical habitat for 81 was held on February 6, 2001 in Lihue, available for inspection, by federally protected plant species Kauai. appointment, during normal business We have proposed to designate a total currently found on the islands of Kauai hours at the address under (1) above. of 23 critical habitat units, 21 units on and Niihau is prudent. A total of 95 Copies of the draft economic analysis Kauai and 2 units on Niihau, covering species historically found on these two are available on the Internet at 24,348.68 hectares (ha) (60,165.57 acres islands were listed as endangered or www.r1.fws.gov/pacific/wesa/ (ac)) on Kauai and 190.55 ha (470.85 ac) threatened species under the endspindex.html or by request from the on Niihau. Endangered Species Act of 1973, as Field Supervisor at the address and Critical habitat receives protection phone number under (1 and 2) above. amended (Act), between 1991 and 1996. from destruction or adverse Some of these species may also occur on modification through required Author(s) other Hawaiian islands. At the time consultation under section 7 of the Act The primary author of this notice is each plant was listed, we determined (16 U.S.C. 1531 et seq.) with regard to Christa Russell (see ADDRESSES section). that designation of critical habitat was actions carried out, funded, or Authority not prudent because designation would authorized by a Federal agency. Section increase the degree of threat to the 4(b)(2) of the Act requires that the species and/or would not benefit the The authority for this action is the Secretary shall designate or revise Endangered Species Act of 1973 (16 U.S.C. species. critical habitat based upon the best 1531 et seq.). These not prudent determinations scientific and commercial data were challenged in Conservation available, and after taking into Dated: February 26, 2001. Council for Hawaii v. Babbitt, 2 F. Supp. consideration the economic impact of Rowan W. Gould, 2d 1280 (D. Haw. 1988). On March 9, specifying any particular area as critical Regional Director, Region 1, Fish and Wildlife 1998, the United States District Court habitat. Based upon the previously Service. for the District of Hawaii, directed us to published proposal to designate critical [FR Doc. 01–5506 Filed 3–6–01; 8:45 am] review the prudency determinations for habitat for 76 plants from Kauai and BILLING CODE 4310–55–P 245 listed plant species in Hawaii, Niihau, and comments received during including these 95 species. On August the previous comment periods, we have 10, 1998, the court ordered us to publish prepared a draft economic analysis of DEPARTMENT OF COMMERCE proposed critical habitat designations or the proposed critical habitat non-designations for at least 100 species designations. The draft economic National Oceanic and Atmospheric by November 30, 2000, and to publish analysis is available at the Internet and Administration proposed designations or non- mailing addresses in the Public designations for the remaining 145 Comments Solicited section below. 50 CFR Parts 622 and 635 species by April 30, 2002 (24 F. Supp. 2d 1074). Due to this litigation, we Public Comments Solicited [I.D. 020801A] reconsidered our previous prudency We will accept written comments and RIN 0648-AN83 determinations for the 95 plants known information during this re-opened historically from Kauai and Niihau. comment period. If you wish to Fisheries of the Caribbean, Gulf of From this review, we proposed that comment, you may submit your Mexico, and South Atlantic; critical habitat is prudent for 76 of these comments and materials concerning this Amendment to the Fishery species because the potential benefits of proposal by any of several methods: Management Plans of the Gulf of designating critical habitat essential for (1) You may submit written comments Mexico the conservation of these species and information to the Field Supervisor, AGENCY: National Marine Fisheries outweigh the risks of designation. On U.S. Fish and Wildlife Service, Pacific Service (NMFS), National Oceanic and November 7, 2000, we published in the Islands Office, 300 Ala Moana Blvd., Atmospheric Administration (NOAA), Federal Register (65 FR 66807) a P.O. Box 50088, Honolulu, HI 96850– Commerce. proposed rule to designate critical 0001. ACTION: Notice of availability of a habitat for 76 plants from the islands of (2) You may send comments by generic amendment to the Gulf of Kauai and Niihau. In addition, we electronic mail (e-mail) to: fw1pie_ Mexico Fishery Management Council’s proposed that the designation of critical kauai_niihau_crithab @r1.fws.gov. If fishery management plans for the Gulf habitat is not prudent for five species you submit comments by e-mail, please of Mexico regarding the Tortugas which are either no longer extant in the submit them as an ASCII file and avoid Marine Reserves; request for comments. wild and such designation would not be the use of special characters and any
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SUMMARY: NMFS announces that the by NMFS. These FMPs were prepared join the adult population). In addition, Gulf of Mexico Fishery Management solely by the Council, with the the upwelling and convergence of the Council (Council) has submitted the exception of the FMPs for coastal ocean currents in the Dry Tortugas area Generic Amendment Addressing the migratory pelagics and spiny lobster act to concentrate food supplies for the Establishment of the Tortugas Marine that were prepared jointly by the larval stages of numerous animal Reserves in the Fishery Management Council and the South Atlantic Fishery species. Plans of the Gulf of Mexico (Tortugas Management Council. The Tortugas region, relative to the Amendment) for review, approval, and The Tortugas Amendment would rest of the Florida Keys, appears to have implementation by NMFS. The Tortugas amend the following FMPs: Fishery a greater population abundance and Amendment proposes to establish two Management Plan for Coral and Coral larger average individual size of many marine reserves in the exclusive Reefs of the Gulf of Mexico; Fishery key species, e.g., groupers, snappers, economic zone (EEZ) in the vicinity of Management Plan for the Red Drum and lobster. However, throughout the the Dry Tortugas, FL. Within the marine Fishery of the Gulf of Mexico; Fishery Florida Keys, including the Tortugas reserves, fishing for any species and Management Plan for the Stone Crab region, there appears to be an anchoring by fishing vessels would be Fishery of the Gulf of Mexico; Fishery overfishing problem. Furthermore, the prohibited. The intended effect is to Management Plan for the Shrimp coral resources of the Florida Keys are protect and conserve important marine Fishery of the Gulf of Mexico; Fishery under significant ecological stress resources. Management Plan for the Reef Fish resulting from coastal development DATES: Written comments must be Resources of the Gulf of Mexico; Fishery impacts, e.g., sedimentation and received on or before May 7, 2001. Management Plan for Coastal Migratory pollution, and fishing activities, e.g., ADDRESSES: Written comments on the Pelagic Resources of the Gulf of Mexico gear impacts and overfishing effects on Tortugas Amendment must be sent to and South Atlantic; and Fishery fish stocks. Michael Barnette, Southeast Regional Management Plan for the Spiny Lobster There is a considerable amount of Office, NMFS, 9721 Executive Center Fishery of the Gulf of Mexico and South literature on the benefits of marine Drive N., St. Petersburg, FL 33702. Atlantic. All of these FMPs, except the reserves, such as the proposed Tortugas Comments may also be sent via fax to FMPs for spiny lobster and stone crab, Marine Reserves. They are designed to 727–570–5583. Comments will not be are implemented under the authority of protect older, larger fish and, thereby, accepted if submitted via e-mail or the the Magnuson-Stevens Act by protect critical spawning stock biomass, Internet. regulations at 50 CFR part 622. The FMP intra-specific genetic diversity, Requests for copies of the Tortugas for spiny lobster is implemented by population age structure, recruitment Amendment, which includes a regulations at 50 CFR part 640; the FMP supply, and ecosystem balance. Marine regulatory impact review (RIR), an for stone crab is implemented by reserves are expected to supply adults initial regulatory flexibility analysis regulations at 50 CFR part 654. and larvae to adjacent areas and will (IRFA), and a final supplemental The Dry Tortugas are located probably be most effective in addressing environmental impact statement approximately 70 miles (112 km) west the problem of recruitment overfishing, (FSEIS), should be sent to the Gulf of of Key West, a very strategic location for especially in sedentary species. Marine Mexico Fishery Management Council, a marine reserve. The Dry Tortugas reserves are believed to be important in 3018 U.S. Highway 301 North, Suite contain the healthiest coral reefs found maintaining the high abundance of 1000, Tampa, FL 33619–2266; phone: in the Florida Keys. Coral pinnacles as many species of reef fish in certain 813–228–2815; fax: 813–225–7015; e- high as 40 feet (12 m), with the highest protected areas worldwide. Existing mail: [email protected]. coral cover (over 30 percent) found in reserves in the Netherlands Antilles and the Florida Keys, rise up from the ocean Barbados show increasing fish stock FOR FURTHER INFORMATION CONTACT: floor. These coral formations are bathed biomass and individual sizes of sampled Michael Barnette, NMFS; phone: 727– by some of the cleanest waters found in reef fish. Expected benefits of the 570–5305; fax: 727–570–5583; e-mail: the Florida Keys and occur where the Tortugas Marine Reserves include the [email protected]. tropical waters of the Caribbean mingle following: Establishment of a refuge and SUPPLEMENTARY INFORMATION: The with the more temperate waters of the replenishment area to ensure continued Magnuson-Stevens Fishery Gulf of Mexico. abundance and diversity of coral reef Conservation and Management Act The Tortugas region is unique in its resources; protection of critical fish (Magnuson-Stevens Act) requires each location and in the extent to which spawning stock biomass and recruits Regional Fishery Management Council oceanographic processes affect the area. from overfishing; physical protection of to submit any fishery management plan The Dry Tortugas play a dynamic role the coral reef structures; and ‘‘spillover’’ (FMP) or amendment to NMFS for in supporting marine ecosystems effects wherein organisms, such as fish, review and approval, disapproval, or throughout south Florida and the move from within to outside the reserve partial approval. NMFS implements Florida Keys. Marine organisms that area, thereby providing improved approved FMP or amendment measures spawn in the Tortugas area produce fishing opportunities in the vicinity of by issuing a final rule. The Magnuson- larvae that are spread throughout the the reserve. Stevens Act also requires that NMFS, Keys by a persistent system of ocean The Florida Keys National Marine upon receiving an FMP or amendment, eddies and currents. As the larval stages Sanctuary (FKNMS) is managed under immediately publish a document in the of various species range in duration NOAA’s National Ocean Services. Federal Register stating that the FMP or from hours, e.g., for some coral species, FKNMS managers initiated a amendment is available for public to as much as a year, e.g., for spiny collaborative effort with the State of review and comment. lobster, these eddies and currents Florida, the Dry Tortugas National Park The Gulf of Mexico fisheries for provide the retention time in the water (managed by the U.S. National Park coastal migratory pelagics, coral and column and current pathways necessary Service), and NMFS to establish the coral reefs, red drum, reef fish, shrimp, for successful recruitment for numerous boundaries for two proposed inter- spiny lobster, and stone crab are species (generally, recruitment is the jurisdictional marine reserves known as managed under FMPs prepared by the survival of juvenile stages through the Tortugas North ecological reserve and Council and approved and implemented period where they mature sufficiently to Tortugas South ecological reserve. The
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Tortugas Amendment would amend the section 304(g) of the Magnuson-Stevens Atmospheric Administration (NOAA), aforementioned FMPs to establish the Act and the regulatory adjustment Commerce. portion of the Tortugas North ecological framework provisions of the Fishery ACTION: Notice of intent to prepare an reserve that falls within the Gulf of Management Plan for Atlantic Tunas, EIS; scoping meeting; request for Mexico EEZ and to establish the Swordfish, and Sharks. comments. Tortugas South ecological reserve, The Council proposes that the marine which resides entirely within the EEZ. reserves be established for a period of at SUMMARY: The Mid-Atlantic Fishery The Tortugas North reserve least 10 years, during which the Management Council (Council) intends encompasses an area of 120 square ecological benefits of the reserves will to prepare an EIS, or supplementary EIS nautical miles (nm2); the Tortugas be evaluated. The prohibition on fishing (SEIS) under the National Amendment would establish a 13 nm2 and anchoring of fishing vessels should Environmental Policy Act (NEPA) to portion of this reserve in the EEZ. The minimize human disturbances in the assess the potential effects on the Tortugas South reserve encompasses 60 Tortugas reserves and help to restore human environment of its proposed nm2 , which includes the Riley’s Hump and maintain their ecological integrity, action to initiate Amendment 13 to the mutton snapper spawning aggregation including a full assemblage of fish, Fishery Management Plan for Surfclams site proposed by the Council and coral, and other benthic invertebrates. and Ocean Quahogs (FMP) under the approved and implemented by NMFS in The reserves will also create a reference Magnuson-Stevens Fishery 1994. or baseline area for studying human Conservation and Management Act The Tortugas Amendment proposes impacts on coral reef ecosystems. (Magnuson-Stevens Act). The that fishing for any species, including In accordance with the Magnuson- amendment currently would Atlantic highly migratory species Stevens Act, NMFS is evaluating the incorporate a new surfclam overfishing (Atlantic HMS), be prohibited within proposed rule to determine whether it is definition, multi-year quotas, a reversal these marine reserves. Additionally, consistent with the Tortugas of the requirement for regulatory action anchoring by all fishing vessels would Amendment, the Magnuson-Stevens to suspend the surfclam size limit, be prohibited within the marine Act, and other applicable law. If that development of a vessel monitoring reserves. These fishing and anchoring determination is affirmative, NMFS will system (VMS), and analyses of fishing prohibitions are intended to achieve the publish the proposed rule in the Federal gear impacts on essential fish habitat maximum benefits (see discussion Register for public review and (EFH) for both species. The Council will above) from the two marine reserves comment. hold a public scoping meeting and over their initially anticipated duration Comments received by May 7, 2001, accept written comments to determine of 10 years. whether specifically directed to the the need for an EIS or SEIS and the Under the Magnuson-Stevens Act, Tortugas Amendment or to the proposed scope of issues to be addressed. NMFS, acting on behalf of the Secretary rule, will be considered by NMFS in its DATES: The Council will accept written of Commerce, has full management decision to approve, disapprove, or comments through April 6, 2001. A responsibility for Atlantic HMS. In its partially approve the Tortugas public scoping meeting will be held Tortugas Amendment, the Council Amendment. Comments received after Wednesday, March 21, 2001 from 1-3 proposed that its fishing and anchoring that date will not be considered by p.m. prohibitions within the reserves apply NMFS in this decision. All comments ADDRESSES: to Atlantic HMS for several reasons, Send comments to Daniel T. including significant enforcement received by NMFS on the Tortugas Furlong, Executive Director, Mid- considerations as well as overall Amendment or the proposed rule during Atlantic Fishery Management Council, biological benefits to the marine reserve their respective comment periods will 300 S. New Street, Dover, DE 19904. ecosystem. The U.S. Coast Guard and be addressed in the final rule. Comments may also be sent via NMFS advised the Council that unless Authority: 16 U.S.C. 1801 et seq. facsimile (fax) to 302–674–5399. The fishing for all species and anchoring of Council will not accept comments via e- Dated: March 1, 2001. mail or the Internet. all fishing vessels was prohibited within Bruce C. Morehead, the Tortugas Reserves, there was no way The scoping meeting will be held at Acting Director, Office of Sustainable the Golden Inn, Oceanfront at 78th to enforce adequately such prohibitions Fisheries, National Marine Fisheries Service. for just those species managed under the Street, Avalon, NJ, telephone 609–368– [FR Doc. 01–5557 Filed 3–6–01; 8:45 am] Council’s FMPs. Regarding the 5155. biological benefits of protecting Atlantic BILLING CODE 3510–22–S FOR FURTHER INFORMATION CONTACT: HMS species within the reserves, the Daniel T. Furlong, Executive Director of the Mid-Atlantic Fishery Management region serves as a spawning ground for DEPARTMENT OF COMMERCE a variety of Atlantic HMS, including Council, 302–674–2331, ext. 19. bluefin tuna. The Tortugas region has National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The also been identified under the Fishery Administration Council announces a public process for Management Plan for Atlantic Tunas, determining the scope of issues to be Swordfish, and Sharks as constituting a 50 CFR Part 648 addressed and for identifying the portion of the essential fish habitat for significant issues related to the several tuna species and a variety of development of Amendment 13 to the [I.D. 022701H] shark species. After considering the FMP. There are five issues currently to public comment received on the Fisheries of the Northeastern United be addressed in this amendment: (1) A Tortugas Amendment and on its States; Environmental Impact new surfclam overfishing definition, (2) proposed rule, if NMFS adopts the Statement (EIS) for Amendment 13 to multi-year quotas, (3) a reversal of the proposed fishing and anchoring the Surfclam and Ocean Quahog requirement for regulatory action to prohibition measures as applied to Fishery Management Plan suspend the surfclam size limit, (4) Atlantic HMS, it would implement such development of a VMS, and (5) analyses measures through its rulemaking AGENCY: National Marine Fisheries of fishing gear impacts on EFH for both authority for these species pursuant to Service (NMFS), National Oceanic and species. The analyses of fishing gear
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impacts on EFH are necessary to remedy Atmospheric Administration (NOAA), determining the scope of issues to be previously disapproved sections of the Commerce. addressed and for identifying the FMP. In addition, the EIS/SEIS would ACTION: Notice of intent to prepare an significant issues related to the evaluate changes to the fishery and its EIS; scoping meeting; request for development of Amendment 13 to the effects on the human environment, comments. FMP. There are two issues currently to since the last EIS for this FMP was be addressed in this amendment: (1) SUMMARY: The Mid-Atlantic Fishery prepared in 1990. The FMP amendment Development of new commercial Management Council (Council) intends will be prepared by the Mid-Atlantic management measures for the black sea Council in cooperation with NMFS. to prepare an EIS, or supplementary EIS (SEIS) under the National bass fishery, and (2) analyses of fishing Public Scoping Meeting Environmental Policy Act (NEPA), to gear impacts on EFH for all three The public scoping meeting will be assess the potential effects on the species. The analyses of fishing gear held on Wednesday, March 21, 2001, human environment of its proposed impacts on EFH are necessary to remedy from 1-3 p.m., at the Golden Inn, action to initiate Amendment 13 to the previously disapproved sections of the Oceanfront at 78th Street, Avalon, NJ, Fishery Management Plan for the FMP. In addition, the EIS/SEIS would telephone 609–368–5155. The meeting Summer Flounder, Scup, and Black Sea incorporate changes to the fishery and will be held in conjunction with a Bass Fisheries (FMP) under the its effect on the human environment, meeting of the Council at the same time Magnuson-Stevens Fishery since the last EIS was prepared in 1992 and location. Conservation and Management Act for summer flounder and in 1996 for Special Accommodations (Magnuson-Stevens Act). The scup and black sea bass. The FMP amendment currently would amendment will be prepared by the This meeting is physically accessible incorporate development of new Mid-Atlantic Council in cooperation to people with disabilities. Requests for commercial management measures for with NMFS. sign language interpretation or other the black sea bass fishery, and analyses auxiliary aids should be directed to of fishing gear impacts on essential fish Public Scoping Meeting Joanna Davis at the Mid-Atlantic habitat (EFH) for all three species. The Council, telephone 302–674–2331, ext. The public scoping meeting will be Council will hold a public scoping held on Wednesday, March 21, 2001, 18, at least 5 days prior to the hearing meeting and accept written comments to from 3-5 p.m., at the Golden Inn, date. determine the need for an EIS or SEIS Oceanfront at 78th Street, Avalon, NJ, Authority: 16 U.S.C. 1801 et seq. and the scope of issues to be addressed. telephone 609–368–5155. The meeting DATES: Dated: March 2, 2001. The Council will accept written will be held in conjunction with a comments through April 6, 2001. A Bruce C. Morehead, meeting of the Council at the same time public scoping meeting will be held on Acting Director, Office of Sustainable and location. Fisheries, national marine Fisheries Service. Wednesday, March 21, 2001 from 3-5 [FR Doc. 01–5556 Filed 3–6–01; 8:45 am] p.m. Special Accommodations BILLING CODE 3510–22–S ADDRESSES: Send comments to Daniel T. This meeting is physically accessible Furlong, Executive Director, Mid- to people with disabilities. Requests for Atlantic Fishery Management Council, DEPARTMENT OF COMMERCE 300 S. New Street, Dover, DE 19904. sign language interpretation or other Comments may also be sent via auxiliary aids should be directed to National Oceanic and Atmospheric facsimile (fax) to 302–674–5399. The Joanna Davis at the Council, telephone Administration Council will not accept comments via e- 302–674–2331, ext. 18, at least 5 days mail or the Internet. prior to the hearing date. 50 CFR Part 648 The scoping meeting will be held at Authority: 16 U.S.C. 1801 et seq. [I.D. 022701E] the Golden Inn, Oceanfront at 78th Street, Avalon, NJ, telephone 609–368– Dated: March 2, 2001. Fisheries of the Northeastern United 5155. Bruce C. Morehead, States; Environmental Impact FOR FURTHER INFORMATION CONTACT: Acting Director, Office of Sustainable Statement (EIS) for Amendment 13 to Daniel T. Furlong, Executive Director of Fisheries, national Marine Fisheries Service. the Summer Flounder, Scup, and Black the Mid-Atlantic Fishery Management [FR Doc. 01–5555 Filed 3–6–01; 8:45 am] Sea Bass Fishery Management Plan Council, 302–674–2331, ext. 19. BILLING CODE 3510–22–S AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: The Service (NMFS), National Oceanic and Council announces a public process for
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Notices Federal Register Vol. 66, No. 45
Wednesday, March 7, 2001
This section of the FEDERAL REGISTER Biologics, room 2160, College of at 8 a.m. and is scheduled to end at 5 contains documents other than rules or Veterinary Medicine, Iowa State p.m. each day. proposed rules that are applicable to the University, Ames, IA 50011; phone Information regarding the meeting public. Notices of hearings and investigations, (515) 294–7632, fax (515) 294–8259, or and registration instructions may be committee meetings, agency decisions and e-mail [email protected]. Information is obtained from the persons listed under rulings, delegations of authority, filing of FOR FURTHER INFORMATION CONTACT. petitions and applications and agency also available online at http:// statements of organization and functions are www.vetmed.iastate.edu/iicab/ Done in Washington, DC, this 1st day of examples of documents appearing in this cancerbiologics.htm. March 2001. section. Bobby R. Acord, SUPPLEMENTARY INFORMATION: The Animal and Plant Health Inspection Acting Administrator, Animal and Plant Health Inspection Service. DEPARTMENT OF AGRICULTURE Service (APHIS) specifies licensing requirements for veterinary biological [FR Doc. 01–5591 Filed 3–6–01; 8:45 am] Animal and Plant Health Inspection products for the treatment of animals in BILLING CODE 3410–34–U Service title 9 of the Code of Federal Regulations, parts 101 to118. Veterinary [Docket No. 01–011–1] DEPARTMENT OF AGRICULTURE biological products include, but are not Public Meeting; Veterinary Biologics limited to, viruses, serums, toxins Animal and Plant Health Inspection (except antibiotics), immunostimulants, Service AGENCY: Animal and Plant Health cytokines, diagnostic components, and Inspection Service, USDA. analogous products that are intended for [Docket No. 97–093–6] ACTION: Notice of public meeting on use in the treatment of animals and that Commercially Produced Official biologics for cancer diagnosis, act primarily through the direct Identification Eartags and Backtags for prevention, and immunotherapy. stimulation, supplementation, enhancement, or modulation of the Sheep and Goats SUMMARY: We are issuing this notice to immune system or immune response. AGENCY: Animal and Plant Health inform interested individuals, including To date, most cancer biologics licensed Inspection Service, USDA. producers and users of human and by APHIS have been conventional in ACTION: Notice. veterinary biological products, that we design. However, APHIS anticipates will be holding a public meeting to receiving applications for licenses to SUMMARY: We are giving notice that the discuss regulatory and policy issues produce veterinary biological products Animal and Plant Health Inspection related to the manufacture, distribution, intended for use in the diagnosis, Service has established a contact office and use of biological products for the prevention, or treatment of cancer that for companies that wish to produce diagnosis, prevention, and treatment of are based on advances in biotechnology. official identification eartags and cancer in humans and animals. The The Food and Drug Administration backtags for sheep and goats. This office meeting is being organized by the Food (FDA) regulates the production of will advise companies on production and Drug Administration, Center for biologics for use in humans under its standards necessary for eartags and Biologics Evaluation and Research, and regulations in title 21 of the Code of backtags to qualify as the official the Animal and Plant Health Inspection Federal Regulations. Within the FDA, identification that is required for certain Service, Veterinary Services, Center for the Center for Biologics Evaluation and sheep and goats under our regulations. Veterinary Biologics. The Institute for Research has received applications for FOR FURTHER INFORMATION CONTACT: Dr. International Cooperation in Animal licensure of biologics for the diagnosis, Diane Sutton, National Scrapie Program Biologics is sponsoring the meeting. prevention, or treatment of cancer. Coordinator, National Animal Health DATES: The public meeting will be held To provide a forum for the discussion Programs Staff, VS, APHIS, 4700 River on Thursday and Friday, April 12 and of regulatory and policy issues related to Road Unit 43, Riverdale, MD 20737– 13, 2001, from 8 a.m. to approximately the manufacture, distribution, and use 1231; (301) 734–6954. 5 p.m. of biological products intended for use SUPPLEMENTARY INFORMATION: Scrapie is ADDRESSES: The public meeting will be in the diagnosis, prevention, or a degenerative and eventually fatal held in the Scheman Building at the treatment of cancer, APHIS and FDA are disease affecting the central nervous Iowa State Center, Iowa State organizing a public meeting. This public systems of sheep and goats. To control University, Ames, IA. meeting, which is sponsored by the the spread of scrapie within the United FOR FURTHER INFORMATION CONTACT: For Institute for International Cooperation States, the Animal and Plant Health further information about the meeting, in Animal Biologics, is scheduled for Inspection Service (APHIS), U.S. contact Dr. Dave M. Dusek, Center for April 12–13, 2001, will provide an Department of Agriculture (USDA), Veterinary Biologics, Veterinary opportunity for the exchange of administers regulations at 9 CFR part Services, APHIS, 510 South 17th Street, information and discussion of issues of 79, which restrict the interstate Suite 104, Ames, IA 50010–8197; phone common concern among APHIS and movement of certain sheep and goats. (515) 232–5785, fax (515) 232–7120, or FDA representatives; producers and APHIS also has regulations at 9 CFR e-mail [email protected]. For users of biological products intended for part 54, which describe a voluntary registration information, contact Ms. use in the diagnosis, prevention, or scrapie control program. Dawne Buhrow at the Institute for treatment of cancer; and other interested These regulations require that, in International Cooperation in Animal persons. The public meeting will begin some circumstances, certain sheep and
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goats must be either individually DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Mr. identified, or identified with their Dennis Slate, Rabies Program premises of origin. Eartags and backtags Animal and Plant Health Inspection Coordinator, Wildlife Services, APHIS, are two of the most common devices for Service 59 Chennell Drive, Suite 7, Concord, NH accomplishing the required [Docket No. 01–009–1] 03301–8548; phone (603) 223–6832. identification. As APHIS continues to SUPPLEMENTARY INFORMATION: Rabies is revise and expand its scrapie programs, Control of Rabies in Wildlife; Request an acute, fatal viral disease of mammals we anticipate that the demand for for Public Involvement most often transmitted through the bite eartags and backtags for official of a rabid animal. The disease can be AGENCY: Animal and Plant Health effectively prevented in humans and identification will increase over the next Inspection Service, USDA. few years. Federal and State agencies, domestic animals, but abundant and ACTION: Notice. accredited veterinarians, and sheep and widely distributed reservoirs among wild mammals complicate rabies goat flock owners will be looking for SUMMARY: The Animal and Plant Health commercial sources to supply the Inspection Service’s Wildlife Services control. The vast majority of rabies cases needed eartags and backtags. program is soliciting public reported to the Centers for Disease involvement in the planning of a Control and Prevention (CDC) each year To assist interested companies that occur in raccoons, skunks, bats, foxes, wish to produce eartags and backtags for proposed cooperative program to stop the spread of rabies in the States of New and other wild animals. Domestic sheep and goats, APHIS has identified animals account for less than 10 percent the office of the National Scrapie York, Ohio, Texas, Vermont, and West Virginia. A small portion of of the reported rabies cases, with cats, Program Coordinator as the contact dogs, and cattle among those most often point for companies to obtain advice on northeastern New Hampshire and the western counties in Pennsylvania that reported. the production standards eartags and border Ohio could also be included in Public health importance of rabies. backtags must meet to qualify as official these control efforts. In addition, Over the last 100 years, the rabies identification in accordance with our Wildlife Services may cooperate in situation in the United States has regulations. Further details on smaller scale oral rabies vaccine projects changed dramatically. About 90 percent production standards for eartags and in the States of Florida, Massachusetts, or greater of all animal cases reported backtags may be obtained from the Maryland, New Jersey, Virginia, and annually to CDC now occur in wildlife, office identified in the FOR FURTHER Alabama. The information received in whereas before 1960 the majority of INFORMATION CONTACT section above. response to this notice will be cases were reported in domestic This office will also review sample tags considered during the planning of the animals. The principal rabies hosts for suitability and approve companies to proposed program and development of today are wild carnivores and bats. The produce official identification eartags an environmental assessment that will number of rabies-related human deaths and backtags. be prepared in accordance with the in the United States has declined from National Environmental Policy Act. more than 100 annually at the beginning In general, tags may be plastic or of the 20th century to an average of one metal and must be an appropriate size DATES: We invite you to comment on or two people per year in the 1990’s. for use in sheep and goats. Tags must be this notice. We will consider all Modern prophylaxis, which consists of able to legibly accommodate any comments that we receive by April 6, a series of vaccine injections given to required alphanumeric sequences to 2001. people who have been exposed, has identify individual animals or their ADDRESSES: Please send four copies of proven nearly 100 percent successful in premises. Tags must resist removal and your comment (an original and three preventing mortality when administered must be difficult to place on another copies) to: Docket No. 01–009–1, promptly after exposure. In the United animal once removed, but need not be Regulatory Analysis and Development, States, human fatalities associated with tamper-proof. Tags must be readily PPD, APHIS, Suite 3C03, 4700 River rabies occur in people who fail to seek distinguishable as USDA official sheep Road Unit 118, Riverdale, MD 20737– timely medical assistance, usually and goat tags, must carry the 1238. because they were unaware of their alphanumeric sequences, symbols, or Please state that your comment refers exposure. logos specified by APHIS, and must to Docket No. 01–009–1. Although human rabies deaths are have a means of discouraging You may read any comments that we rare, the estimated public health costs counterfeiting, such as use of a unique receive on this docket in our reading associated with disease detection, copyrighted logo or trade mark. room. The reading room is located in prevention, and control have risen, room 1141 of the USDA South Building, exceeding $300 million annually. These Done in Washington, DC, this 1st day of 14th Street and Independence Avenue costs include the vaccination of March 2001. SW., Washington, DC. Normal reading companion animals, animal control Bobby R. Acord, room hours are 8 a.m. to 4:30 p.m., programs, maintenance of rabies Acting Administrator, Animal and Plant Monday through Friday, except laboratories, and medical costs, such as Health Inspection Service. holidays. To be sure someone is there to those incurred for exposure case [FR Doc. 01–5589 Filed 3–6–01 8:45am] help you, please call (202) 690–2817 investigations and rabies post-exposure BILLING CODE 3410–34–P before coming. prophylaxis (PEP). APHIS documents published in the Accurate estimates of these Federal Register, and related expenditures are not available. information, including the names of Although the number of PEP’s given in organizations and individuals who have the United States each year is unknown, commented on APHIS dockets, are it is estimated to be about 40,000. When available on the Internet at http:// rabies becomes epizootic (epidemics in www.aphis.usda.gov/ppd/rad/ animals) or enzootic (i.e., present in an webrepor.html. area over time but at low case
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frequency) in a region, the number of heightened interest in the application of Raboral V–RG have been distributed in PEP’s in that area increases. Although ORV to raccoons. Due to biological and the United States since 1994, with only the cost varies, a course of rabies ecological differences between the types one reported case of adverse effects on immune globulin and five doses of of animals that transmit rabies, humans (i.e., a single case of a vaccinia vaccine given over a 4-week period development of specific vaccine and virus infection, which caused localized typically exceeds $1,000 and may be as bait combinations was necessary. One of skin rashes). This vaccine has been high as $2,000. the main difficulties was the tested in 59 wild mammalian and avian Rabies in raccoons was virtually development of a safe and effective species without adverse effects. In unknown prior to the 1950’s. It was first vaccine for raccoons. In contrast to red addition, a domestic animal’s annual described in Florida and spread slowly foxes, which were the primary subjects rabies vaccination can be safely during the next three decades into of ORV programs in Europe and Canada, administered even if it recently ingested Georgia, Alabama, and South Carolina. raccoons were not readily immunized a dose of oral rabies vaccine. It was unintentionally introduced into by the oral route with the modified live The V–RG vaccine is most often the mid-Atlantic States by translocation rabies virus vaccines that worked well encased in baits and distributed by of infected animals. The first cases in foxes. In addition, modified ‘‘live aircraft. The baits are small blocks of appeared in West Virginia and Virginia virus’’ vaccines pose a small risk of fishmeal (for coyotes and raccoons) or in 1977 and 1978. Since then, raccoon vaccine-induced rabies and resulted in dog food (for gray foxes) that are held rabies in the area has expanded to form some cases of vaccine-induced rabies together with a polymer binding agent. the most intensive rabies outbreak in the associated with oral baiting programs in The sachet, a thin plastic packet United States. Europe and Canada. However, a containing the liquid vaccine, is in the Two rabies epizootics emerged in genetically engineered vaccine, middle of the bait. Efforts to provide for Texas in 1988; one involved spillover of vaccinia-rabies glycoprotein (V–RG), has more efficient delivery of vaccine/bait canine dog rabies into coyotes in south proven to be effective orally in raccoons, packages to wildlife populations at Texas, and the other involved a rabies coyotes, and foxes. V–RG was lower cost have resulted in the variant unique to gray foxes in west- extensively evaluated in the laboratory development of ‘‘baitless’’ sachets, in central Texas. The south Texas for safety in over 50 vertebrate species which the vaccine is enclosed within a epizootic alone resulted in 2 human with no adverse effects, regardless of plastic sachet that has been coated with deaths and caused over 3,000 people to route or dose. Following successful field special waxes and attractants, rather receive post-exposure rabies treatment. safety testing in the early 1990’s, V–RG than the thick outer package of edible In 1994, the public health threat created was licensed in 1995 in the United meal. These baitless sachets, which can by these two expanding epizootics States for vaccination of free-ranging be prepared without extensive manual prompted the Governor of Texas to raccoons. It remains the only effective labor and for less cost in materials, are declare rabies a public health vaccine licensed for use in the United smaller and lighter than other oral emergency in Texas. States for raccoons. It has also been rabies vaccine baits, allowing for the Primary need for action. If the rabies approved for experimental use to possibility that more baits can be strains transmitted by raccoons, gray vaccinate wild gray foxes and coyotes in transported via aircraft, and smaller, foxes, and coyotes are not prevented Texas. less expensive aircraft can be used. from spreading to broader areas of the V–RG is commercially available from Another attribute of the baitless sachet United States, the health threats and Merial, 115 Transtech Drive, Athens, is that it is not possible for the animal costs associated with rabies are GA 30601, under the registered name to eat the edible material and leave the expected to increase substantially. In Raboral V–RG. It is currently the only un-ruptured vaccine container behind. the area that stretches west from the licensed oral vaccine available for rabies Field trials to date have shown that it leading edge of the current distribution control for carnivores in the United performs very well in delivering vaccine of raccoon rabies (which stretches from States. V–RG is a recombinant vaccine to raccoons and coyotes. While the Alabama northeastward along the that uses vaccinia, a living pox virus, as traditional fishmeal/dog food baits are Appalachian Mountains to Maine) to the the vector (i.e., carrier) for the rabies likely to be used in most cases, it is Rocky Mountains, and north from the gene that encodes for the production of possible that APHIS–WS and the States distribution of gray fox and coyote rabies antigen in the form of rabies may employ baitless sachets, depending rabies in Texas, there are more than 111 glycoprotein. Rabies glycoprotein is the on their availability, in the course of the million livestock animals—including protective sheath around the bullet- proposed cooperative program. cattle, horses, mules, swine, goats, and shaped rabies virus. The glycoprotein by Oral wildlife vaccination for raccoon sheep—valued at $42 billion. If raccoon, itself is noninfective and cannot cause rabies control has been under field gray fox, or coyote rabies were to spread rabies, but, because it serves as the evaluation in the United States since into the above described area, the rabies antigen, it elicits an immune 1990. A limited field release of the livestock there would be at risk from antibody response to rabies when the recombinant vaccine occurred on these specific rabies variants. More vaccine is swallowed by raccoons, Parramore Island, VA, prior to wider use importantly, human health care foxes, or coyotes. When raccoons, foxes, in the United States for control of concerns would be expected to increase or coyotes swallow the V–RG vaccine, it raccoon rabies. A major objective of that substantially as well if raccoon, coyote, bathes the lymphatic tissue in the throat field trial was to evaluate the free- and gray fox strains of rabies infect a area and initiates the immunization ranging raccoon population for adverse much broader geographic area. process. effects after the distribution of V–RG Development of oral rabies vaccine There is no possibility of vaccine- vaccine-laden baits. With the (ORV) programs. Although the concept induced rabies with Raboral V–RG development and field testing of the V– of ORV to control rabies in free-ranging because the vaccine only contains the RG vaccine, a potential method of rabies wildlife populations originated in the noninfective surface protein of the control now exists for some rabies United States, it has a longer history of rabies virus; none of the viral nuclear variants to complement methods of implementation in Europe and Canada. material that would be required for the control that include public education, The emergence of raccoon rabies in the rabies virus to replicate is present in the domestic animal vaccination, and United States during the 1970’s vaccine. Over 22 million doses of human post-exposure prophylaxis.
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Since the first field release of the V– States of Florida, Massachusetts, would be predominantly collected from RG vaccine in 1990, the annual number Maryland, New Jersey, Virginia, and cage-trapped individuals that, if of vaccine-laden baits distributed to Alabama. Consequently, we are apparently healthy, would be released at better understand the role of ORV for soliciting public involvement in the or near their site of capture. The raccoon rabies control in the United planning process. The proposal is to requisite sample from coyotes would be States has risen exponentially.1 Eleven provide Federal funds authorized by obtained primarily by aerial or ground- field projects have been conducted or Congress to: (1) Purchase ORV baits that based shooting from sample areas are in progress in Pennsylvania (1991– would be distributed by air and ground within the ORV zone. Gray fox samples 1992), New Jersey (1992–1994, with placement; (2) provide other forms of would be obtained by ground shooting further projects reinitiated in the last assistance in monitoring rabies and and various capture methods including couple of years), Massachusetts (1994– determining the effectiveness of the leghold traps, cage traps, foot snares, present), Florida (1995–present), New ORV programs through collection and and wire cable neck snares. Only legally York (1994–present), Vermont (1997– testing of samples from wild animal approved methods would be used in all present), Ohio (1997–present), Maryland specimens; and (3) if the targeted rabies animal sample collection areas to (1998), and Virginia (2000). Since 1995, strains advance beyond the barriers provide critical data for the evaluation more than 13.25 million individual created by the ORV zones, participate in of project effectiveness. Project doses of ORV have been distributed over implementing contingency plans to effectiveness would be based in large 196,000 square miles of southern and restore the integrity of the ORV barrier part on the percentage of ORV baits west-central Texas for control of rabies and prevent further spread of rabies. consumed in populations of target strains in coyotes and gray foxes. Such contingency plans may involve species and by the presence of sufficient Several pilot projects were conducted increased distribution of ORV baits in levels of serum neutralizing antibodies to evaluate the effect of ORV baiting and around the ORV zones or, if to produce immunity to rabies as upon raccoon rabies. Through intensive necessary, the localized reduction of determined from serological analysis of baiting efforts at the peninsular neck, target species populations through blood samples obtained from target raccoon rabies was prevented from lethal means. species within ORV zones. invading the Cape Cod peninsula. A The intent of the bait distribution is In the event that the targeted rabies recently completed project in Albany to orally vaccinate wild raccoons in strains advance beyond the barriers and Rensselaer Counties in New York portions of the above-listed States with created by the ORV zones, contingency demonstrated that raccoon rabies may the exception of Texas. Similar plans may be implemented by the be virtually eliminated from an area programs would be directed at gray involved States that could involve local where the disease had been present for foxes in west-central Texas and coyotes population suppression of the target a number of years by use of ORV. In in southern Texas. The primary goals of wildlife species using lethal means. Ohio, along the Pennsylvania border the program are to: (1) Stop the forward Another type of contingency plan to from Lake Erie to West Virginia, twice- advance of these strains of rabies from address such outbreaks might be to yearly baiting has been successful to areas where they now occur by distribute higher densities of ORV baits date in preventing the westward spread immunizing portions of target species in and around such areas to attempt to of raccoon rabies. populations along the leading edges of arrest the outbreak without resorting to Previous rabies control activities by the rabies fronts; and (2) reduce the lethal population suppression. If any Wildlife Services. The Animal and Plant incidence of rabies cases involving wild Health Inspection Service’s (APHIS) and domestic animals and rabies localized lethal population control Wildlife Services (WS) program is exposure to humans in the areas where efforts were undertaken, those efforts authorized to conduct programs to the ORV programs are conducted. would likely be integrated with hand or address wildlife-caused disease The areas over which the ORV baits aerial placement of ORV baits in and problems by the Animal Damage would be distributed and from which around the population suppression area Control Act of 1931 and the Rural animal specimens would be collected to restore the integrity of the ORV Development, Agriculture and Related could be anywhere in the above-listed barrier and prevent further spread of Agencies Act of 1988. WS’s previous States. The ORV zones would be rabies. APHIS–WS may, as part of the involvement in rabies prevention and delineated based on the most current proposed action, assist in such efforts by control has been to provide technical distribution of rabies cases and the providing funds, personnel, or and operational assistance to State expected direction of disease spread. equipment to capture and kill target health departments in experimental and Vaccination zones would be determined species. Should this occur, methods operational distribution of ORV baits; in in cooperation with State health used would involve any of those some of those States, WS has also departments and other State agencies described above for the collection of assisted in the collection of animal with jurisdiction over wildlife and wild animal specimens. In Texas, an specimens for monitoring purposes. domestic animals. Pending the additional method that could be used to Proposed programs. APHIS–WS is verification of legal authorities to do so, remove gray foxes and coyotes would be proposing to cooperate in State ORV baits would be distributed over a sodium cyanide in the M–44 device, programs to stop the spread of rabies in variety of classes of land ownership, which is approved by the U.S. the States of New York, Ohio, Texas, including private, public, tribal, and Environmental Protection Agency for Vermont, and West Virginia. A small other State and Federal lands. Each this purpose. The need for APHIS–WS portion of northeastern New Hampshire individual bait would have a warning involvement in contingency plans that and the western counties in label advising persons not to handle or employ localized lethal population Pennsylvania that border Ohio could disturb the bait along with a toll-free suppression is considered to be also be included in these control efforts. telephone number to call for further unlikely. In addition, APHIS–WS may cooperate information. We are encouraging members of the in smaller scale ORV projects in the Wild animal collections for purposes public and other interested agencies and of monitoring would be conducted organizations to assist in the planning of 1 A total of over 800,000 V–RG vaccine-laden using a variety of live capture or lethal this program by answering the following baits were distributed in 1997. methods. Information from raccoons questions:
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• What issues or concerns about the program planning efforts within the Bill (Section 347). This legislation distribution of ORV baits by air and involved individual States may be authorized 28 pilot projects to test ground should we analyze? available by contacting individual State contracting mechanisms that allow the • What other issues or concerns about health departments. Links to individual exchange of goods for services, retention the proposed action do you think we State health department Internet of receipts, and end-result rather than should address? websites are available on the CDC prescriptive contract specifications. The • What alternatives to the proposed Internet website. Information regarding legislative intent includes meeting local action should we analyze? APHIS–WS rabies control activities may and rural community needs and • Do you have any information (i.e., be obtained by calling or writing the provided a clear expectation for the scientific data or studies) that we should person listed under FOR FURTHER pilot projects to be developed consider in the analysis? INFORMATION CONTACT. cooperatively with local and affected Information received will be Done in Washington, DC, this 2nd day of communities. considered in an environmental March 2001. The proposed activities described assessment (EA) prepared in accordance below were developed cooperatively Bobby R. Acord, with the National Environmental Policy with a local citizens group called the Act. Acting Administrator, Animal and Plant Stewards of the Nez Perce Forest. This Issues and alternatives identified thus Health Inspection Service. group worked with the Forest Service to far. Several issues have already been [FR Doc. 01–5590 Filed 3–6–01; 8:45 am] review the ecological conditions in the identified as areas of concern for BILLING CODE 3410–34–U analysis area as described in the South consideration in the EA: Fork Clearwater River Landscape • Potential for adverse effects on Assessment (USFS, Nez Perce National people that become exposed to the DEPARTMENT OF AGRICULTURE Forest, 1998) and Meadow Face vaccine or the baits. Forest Service Ecosystem Assessment at the Watershed • Potential for adverse effects on Scale (USFS, Nez Perce National Forest, nontarget wildlife species that might Meadow Face Stewardship Pilot 1999) and make recommendations for consume the baits. Project, Nez Perce National Forest, actions to address current undesirable • Potential for adverse effects on pet Idaho County, ID conditions while meeting the objectives dogs or other domestic animals that of the Nez Perce Forest Plan. might consume the baits. AGENCY: Forest Service, USDA. The actions proposed for • Potential for aerially dropped baits ACTION: Notice; intent to prepare implementation include modifying to strike and injure people or domestic environmental impact statement. vegetation through timber harvest and animals. (Authority: 40 CFR 1501.7) prescribed burning to achieve forest • Cost of the program in comparison conditions which more closely resemble to perceived benefits. SUMMARY: The Forest Service will historic. The analysis area includes both • Humaneness of methods used to prepare an environmental impact low elevation, dry, ponderosa pine and collect wild animal specimens critical statement to disclose the environmental mid-elevation, moist, fir vegetation for timely program evaluation. impacts of implementing vegetation and types. Due to fire suppression and other Other issues may also be included in watershed restoration activities and past management activities the the analysis and will be identified based modification of the transportation vegetation is denser with increased on comments obtained through system within the Meadow Face shrubs and small trees. These gathering information from the public analysis area. Individuals interested in conditions result in increased fire risk and other agencies. Several alternatives actions of this nature are encouraged to and susceptibility to drought, insects that have been identified for submit comments and become involved and disease. To address these consideration are: in the planning process. conditions, approximately 5700 acres of • No involvement by APHIS–WS in DATES: Comments concerning the scope harvest and 7300 acres of prescribed rabies prevention or control. of the analysis should be received at the burning is proposed. • Implement the proposed action. address below on or before April 6, In addition to the vegetation • Live capture of species being 2001. conditions described above, the analysis targeted (e.g., raccoon, gray fox, coyotes) area has non-native and noxious plant ADDRESSES: Send written comments to followed by administration of rabies species present. To address this Darcy Pederson, District Ranger, Route 2 vaccines by injection and release back condition, approximately 230 acres of Box 475, Grangeville, ID 83530. into the wild. herbicide application and native species • Provide resources for ORV bait FOR FURTHER INFORMATION CONTACT: restoration is proposed. distribution without collection of wild Heather Berg, Project Coordinator, (208) As part of the Meadow Face proposal, animal specimens by APHIS–WS for 983–1983. the transportation system of roads and monitoring purposes. SUPPLEMENTARY INFORMATION: The trails in the area would also be modified Other alternatives may also be Meadow Face Stewardship Pilot Project to reduce adverse effects of the road included in the analysis based on area is located on the Nez Perce system on forest resources, particularly comments obtained through gathering National Forest in northern Idaho soil and water. To address these information from the public and other within Idaho County. The project area conditions, approximately 80 miles of agencies. lies approximately 7 air miles southeast road decommissioning would occur. Availability of additional information. of Grangeville Idaho. The project area Road decommissioning would return Further information on rabies and ORV encompasses 27,000 acres and includes these road segments to forest production may be obtained from CDC Internet Meadow, Wickiup and Ralph Smith and they would no longer be available website (http://www.cdc.gov) and from Creek watersheds, which drain directly as transportation routes. the vaccine manufacturer, Merial (http:/ into the South Fork Clearwater River. Some streams in the analysis area /www.merial.com, e-mail: The Meadow Face Stewardship Pilot have been affected by the transportation [email protected]). Further Project was authorized under the 1999 system, past vegetation manamagement information on the status of ORV Department of Interior Appropriations and grazing. These streams would be
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restored by relocating the channels to contacts identified above and should be Dated: February 27, 2001. their natural course, addition of woody submitted within 30 days of publication Michael J. Cook, debris and rock structures, and of this notice in the Federal Register. A Acting Forest Supervisor, Nez Perce National revegetation. These activities would Draft Environmental Impact Statement Forest. occur in approximately 5 miles of (EIS) is expected to be available in April [FR Doc. 01–5593 Filed 3–6–01; 8:45 am] stream. 2001 and a Final EIS in July 2001. BILLING CODE 3410–11–M Following the cooperative project Should an action alternative be selected, development process, the proposed implementation would be initiated in actions were scoped with the public in 2002. Implementation of any or all of the summer of 2000 including a direct the actions authorized with this DEPARTMENT OF COMMERCE mailing to over 400 individuals in decision may occur utilizing the August and a field trip in September. stewardship contracting authorities National Oceanic and Atmospheric Approximately 20 letters were received granted in Section 347 of the 1999 Administration in response to the original scoping, and Interior Appropriations Bill. 27 individual attended the field trip. The comment period on the draft [Docket No. 960223046–1049–06; I.D. Based on the comments received, the environmental impact statement will be 011801D] following issues with the proposed 45 days from the date the action been identified: (1) Effects to the Environmental Protection Agency RIN 0648–ZA09 aquatic environment; (2) Effects to old publishes the notice of availability in and mature forest and dependent the Federal Register. Financial Assistance for Research and species; (3) Use of timber harvest, The Forest Service believes it is Development Projects to Strengthen prescribed burning and herbicides as important to give reviewers notice at and Develop the U.S. Fishing Industry forest management tools and; (4) Effects this early stage of several court rulings to motorized recreation opportunities. related to public participation in the AGENCY: National Marine Fisheries To address the issues identified environmental review process. First, Service (NMFS), National Oceanic and above, alternatives to the proposed reviewers of draft environmental impact Atmospheric Administration (NOAA), action have been developed. These statements must structure their Commerce. alternatives propose varying levels of participation in the environmental ACTION: Notice of solicitation for activities from those previously review of the proposal so that it is applications. described. Some alternatives would meaningful and alerts an agency to the require amendment of the Nez Perce reviewer’s position and contentions. SUMMARY: NMFS (hereinafter ‘‘we’’ or Forest Plan to allow vegetation Vermont Yankee Nuclear Power Corp. v. ‘‘us’’) issues this document to describe management within delineated old NRDC, 435 U.S. 519, 553 (1978). Also, how to apply for funding under the growth (Management Area 20). Some of environmental objections that could be Saltonstall-Kennedy (S-K) Grant the harvest proposed would exceed 40 raised at the draft environmental impact Program and how we will determine statement stage but that are not raised acres in size and would require whether to fund a proposal. approval from the Regional Forester until after completion of the final (Northern Region). Some of the environmental impact statement may be Under the S-K Program, we provide activities associated with road repair waived or dismissed by the courts. financial assistance for research and and decommissioning and stream Wisconsin Heritages, Inc. v. Harris, 490 development projects that address channel restoration would require F. Supp. 1334, 1338 (E.D. Wis. 1980). various aspects of U.S. fisheries permits from the Corps of Engineers to Because of these court rulings, it is very (commercial or recreational), including, authorize work within a stream’s high important that those interested in this but not limited to, harvesting, water mark. proposed action participate by the close processing, marketing, and associated The decisions to be made in response of the 45-day comment period so that infrastructures. to this analysis include (1) Are substantive comments and objections DATES: We must receive your vegetation management activities are made available to the Forest Service application by the close of business May needed and if so where, when and how at a time when it can meaningfully 7, 2001 in one of the offices listed in would they be implemented? (2) What consider them and respond to them in section I.F. Applications Addresses of transportation system is necessary in the the final environmental impact this document. You must submit one analysis area and how will it be statement. signed original and nine signed copies managed? (3) How will the roads To assist the Forest Service in of the completed application (including identified as excess be returned to forest identifying and considering issues and supporting information). We will not production? (4) Are the stream channel concerns on the proposed action, accept facsimile applications. restoration activities necessary and if so comments on the draft environmental where, when and how would they be impact statement should be as specific ADDRESSES: You can obtain an implemented? (5) What mitigation is as possible. It is also helpful if application package from, and send needed to assure forest management comments refer to specific pages or your completed application(s) to, the activities are consistent with the Nez chapters of the draft statement. NMFS Regional Administrator located Perce Forest Plan and environmental Comments may also address the at any of the offices listed in section I.F. law? (6) Is an amendment to the Nez adequacy of the draft environmental Application Addresses of this Perce Forest Plan necessary to impact statement or the merits of the document. You may also obtain the implement the proposed actions? (7) alternatives formulated and discussed in application package from the S-K Home What implementation and effectiveness the statement. (Reviewers may wish to Page (see section I.G. Electronic Access monitoring is needed? refer to the Council on Environmental ADDRESSES). However, we cannot accept The responsible official for this Quality Regulations for implementing completed applications electronically. project is the Nez Perce Forest the procedural provisions of the FOR FURTHER INFORMATION CONTACT: Supervisor. Comments to this notice National Environmental Policy Act at 40 Alicia L. Jarboe, S-K Program Manager, should be sent to the address and CFR 1503.3 in addressing these points.). (301) 713–2358.
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SUPPLEMENTARY INFORMATION: developed and some traditional species currently under Federal fisheries became overfished. Therefore, jurisdiction or explore the potential for I. Introduction we changed the emphasis of the S-K development of new sustainable We are soliciting applications for Program to address conservation and managed fisheries; and address the Federal assistance pursuant to the management issues and aquaculture. socioeconomic impacts of overfishing Saltonstall-Kennedy Act (S-K Act), as In 1996, the Sustainable Fisheries Act and overcapitalization. amended (15 U.S.C. 713c–3). This (SFA) (Public Law 104–297), was The S-K Program is open to applicants document describes how you can apply enacted. The SFA amended the from a variety of sectors, including for funding under the S-K Grant Magnuson-Stevens Act and supported industry, academia, and state and local Program, and how we will determine further adjustment to the S-K Program to governments. We encourage which applications we will fund. address the current condition of applications that involve collaboration fisheries. A. Background between industry and the other sectors The Magnuson-Stevens Act, as listed. The S-K Act established a fund amended by the SFA, requires us to (known as the S-K fund) that the undertake efforts to prevent overfishing, B. Changes from the Last Solicitation Secretary of Commerce uses to provide rebuild overfished fisheries, insure Notice grants or cooperative agreements for conservation, protect essential fish We have changed some of the fisheries research and development habitats, and realize the full potential of conditions in this document from the projects addressed to any aspect of U.S. U.S. fishery resources. It further requires last S-K Grant Program solicitation fisheries, including, but not limited to, that we take into account the notice published on June 21, 1999 (64 harvesting, processing, marketing, and importance of fishery resources to FR 33050). For example, the scope of associated infrastructures. U.S. fishing communities; provide for the the FY 2001 program announced in this fisheries1 include any fishery, sustained participation of such document is limited to marine species commercial or recreational, that is, or communities; and, to the extent under Federal jurisdiction. Therefore, may be engaged in, by citizens or possible, minimize the adverse we encourage you to read the entire nationals of the United States, or economic impacts of conservation and document before preparing your citizens of the Northern Mariana management measures on such application. Islands, the Republic of the Marshall communities. The Magnuson-Stevens Islands, Republic of Palau, and the Act defines a ‘‘fishing community’’ as ‘‘a C. Comments and Responses Federated States of Micronesia. community which is substantially We published a notice in the Federal The objectives of the S-K Grant dependent on or substantially engaged Register on February 25, 2000, (65 FR Program, and, therefore, the funding in the harvest or processing of fishery 10051) seeking comments on the priorities, have changed over the years resources to meet social and economic proposed scope and priorities for the FY since the program began in 1980. The needs, and includes fishing vessel 2001 S-K Program. We proposed program has evolved as Federal fishery owners, operators, and crew and United limiting the scope of the program to management laws and policies, and States fish processors that are based in marine species under Federal research needs, have evolved in such community.’’ (16 U.S.C. 1802 (16)). management. Within the scope, we response to changing circumstances. We have refocused the S-K Program to proposed four priority areas for funding. The original focus of the program was address the needs of fishing The proposed scope and priorities to develop underutilized fisheries communities as defined by the covered the issues we deemed to be the within the U.S. Exclusive Economic Magnuson-Stevens Act. most important and the most Zone (EEZ, i.e., 3–200 miles (4.8–320 The NOAA Strategic Plan, updated in appropriate for the limited funds and kilometers) off the coast). This focus 1998, has also shaped the S-K Program. time frame of the S-K Program. was driven in part by the Magnuson- The Strategic Plan has three goals under We received comments from one Stevens Fishery Conservation and its Environmental Stewardship Mission: individual, two industry associations, a Management Act (Magnuson-Stevens Build Sustainable Fisheries (BSF), research institute, and an aquaculture Act). The Magnuson-Stevens Act, Recover Protected Species, and Sustain company by the deadline date. We have originally passed in 1976, directed us to Healthy Coasts. The fisheries research combined similar comments here. give the domestic fishing industry and development mission of the S-K Comment 1: One individual called for priority access to the fishery resources Program directly relates to the BSF goal. proper legal analysis and coordination in the EEZ. In 1980, the American There are three BSF objectives in the among Federal agencies on legal, Fisheries Promotion Act amended the S- Strategic Plan: regulatory, and national security issues 1. Eliminate and prevent overfishing K Act to stimulate commercial and as part of the proposed funding priority recreational fishing efforts in and overcapitalization. 2. Attain economic sustainability in on developing marine aquaculture in underutilized fisheries. The competitive the off-shore environment. In addition, S-K Program initiated as a result fishing communities. 3. Develop environmentally and he recommended that we add specific included fisheries development and economically sound marine criteria to the notice (knowledge and marketing as funding priorities. aquaculture. experience) for successful applicants to In the following years, the efforts to For the FY 2001 S-K Grant Program address this priority area. Americanize the fisheries were announced in this document, we have Response: We agree that applications successful to the point that most attempted to address the most important should address all relevant nontraditional species were fully needs of fishing communities in terms considerations and should demonstrate of the preceding BSF objectives. This the knowledge and ability of the 1 For purposes of this document, a fishery is defined as one or more stocks of fish, including goal is reflected in the four funding investigator(s) to carry out the project, tuna, and shellfish that are identified as a unit priorities listed in section II of this as well as familiarity with related work. based on geographic, scientific, technical, document. Successful applications will However, these requirements are not recreational and economic characteristics, and any be those aimed at helping fishing unique to the aquaculture priority, but and all phases of fishing for such stocks. Examples of a fishery are Alaskan groundfish, Pacific whiting, communities to resolve issues that affect are evaluated for all applications in our New England whiting, and eastern oysters. their ability to fish; make full use of technical review process (see IV.B.1 of
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this document). Appropriate subject and NMFS continue to support all 1. You are a citizen or national of the matter experts rate all applications, aspects of aquaculture development United States; regardless of their priority area, on through various efforts, marine 2. You are a citizen of the Northern ‘‘Project management and experience aquaculture remains the appropriate Mariana Islands (NMI), being an and qualifications of personnel,’’ and focus for NMFS and the S-K Program. individual who qualifies as such under the other technical review criteria. While off-shore aquaculture section 8 of the Schedule on Therefore, we do not agree that we need development is still a priority need, we Transitional Matters attached to the to revise the aquaculture priority to have added language to clarify that for constitution of the NMI; include a criterion dealing with the projects that address off-shore 3. You are a citizen of the Republic of expertise of those applicants proposing aquaculture, the actual work does not the Marshall Islands, Republic of Palau, to address off-shore aquaculture. need to be conducted in the off-shore or the Federated States of Micronesia; or Comment 2: A research laboratory environment. We have also added other 4. You represent an entity that is a director and a seafood industry priority areas, including the need to corporation, partnership, association, or association commented that we should address environmental issues, develop other non-Federal entity, non-profit or solicit proposals dealing with the best management practices, and develop otherwise (including Indian tribes), if critical area of improved data for effective enhancement strategies for such entity is a citizen of the United fisheries management, including wild stocks of marine and anadromous States or NMI, within the meaning of biological data for stock assessments, species. section 2 of the Shipping Act, 1916, as either as part of Priority A., As we stated in the notice of proposed amended (46 U.S.C. app. 802). Conservation Engineering, or as a priorities, other programs of the U.S. We support cultural and gender separate priority. Department of Agriculture and NOAA’s diversity in our programs and encourage Response: We agree that better data Office of Oceanic and Atmospheric women and minority individuals and are essential to successful management Research address land-based and near- groups to submit applications. for sustainable fisheries. However, we shore aquaculture operations. Another Furthermore, we recognize the interest do not believe that the S-K Program is possible source of assistance for of the Secretaries of Commerce and the best means to conduct such work, aquaculture is our Fisheries Finance Interior in defining appropriate fisheries due to the limited funding and the short Program, which we have revised to policies and programs that meet the term of S-K grants. Both NMFS and the make loans to aquaculture ventures a needs of the U.S. insular areas, so we Regional Fishery Management Councils priority. also encourage applications from (Councils) receive funds for stock individuals, government entities, and assessments and related activities under D. Funding businesses in U.S. insular areas. their responsibilities for implementing We expect to have approximately $3.8 We are strongly committed to the Magnuson-Stevens Act. million available for grant awards for broadening the participation of Minority Comment 3: An aquaculture company Fiscal Year (FY) 2001, which began on Serving Institutions (MSIs), which and a shellfish industry group objected October 1, 2000. However, we cannot include Historically Black Colleges and to our proposal to limit the program guarantee that sufficient funds will be Universities, Hispanic Serving scope to federally managed species, and available to make awards for all Institutions, and Tribal Colleges and the aquaculture priority to only the off- proposals deserving of funding. Universities, in our programs. The DOC/ shore marine environment, not land- In order to be funded under the S-K NOAA/NMFS vision, mission, and goals based or near-shore aquaculture. Grant Program, applications must are to achieve full participation by Response: In the past, we have propose activities that: address the MSIs, to advance the development of accepted applications that addressed funding priorities listed in section II of human potential, strengthen the Great Lakes species and species under this document; are expected to produce Nation’s capacity to provide high- state management plans as well as a direct benefit (e.g., tool, information, quality education, and increase federally managed species. While we service, or technology) to the fishing opportunities for MSIs to participate in have funded many worthy projects on community (as defined in section I.A. of and benefit from Federal financial non-federally managed species in the this document); and can be assistance programs. Therefore, we past, current funding is inadequate to accomplished within 18 months. encourage all applicants to include cover every important and deserving Acceptable research and development meaningful participation of MSIs. project. activities include applied research, We encourage applications from However, we have modified the scope demonstration projects, pilot or field members of the fishing community, and somewhat. We recognize that species testing, or business plan development. applications that involve fishing that are not currently federally However, we will not fund projects that community cooperation and managed, i.e., under Federal fishery primarily involve infrastructure participation. We will consider the management plans (FMPs), may be construction, port and harbor extent of fishing community relevant to our fisheries management development, or start-up or operational involvement when evaluating the mission. For example, such species costs for private business ventures. potential benefit of funding a proposal. could present an opportunity to develop Furthermore, if your proposed project You are not eligible to submit an a sustainable managed fishery to primarily involves data collection, we application under this program if you substitute for an overfished fishery. will only consider it if it is directed to are an employee of any Federal agency; Therefore, the scope of the program for a specific problem or need and has a a Council; or an employee of a Council. FY 2001 has been changed to species fixed duration. Data collection programs However, Council members who are not under Federal jurisdiction, i.e., in the of a continuing nature will not be Federal employees can submit an EEZ. considered. application to the S-K Program. We have also modified the proposed Our employees (whether full-time, funding priority for aquaculture, in E. Eligibility part-time, or intermittent) are not response to the comments received and You are eligible to apply for a grant allowed to help you prepare your in accordance with the NMFS research or a cooperative agreement under the S- application, except that S-K Program plan for aquaculture. Although NOAA K Grant Program if: staff may provide you with information
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on program goals, funding priorities, Federal third parties. In-kind The list of species that are currently application procedures, and completion contributions may include, but are not under Federal FMPs is in the of application forms. Since this is a limited to, personal services publication, Status of Fisheries of the competitive program, NMFS and NOAA volunteered to perform tasks in the United States, available at: employees will not provide assistance project, and permission to use, at no www.nmfs.noaa.gov/sfa/reports.html. in conceptualizing, developing, or cost, real or personal property owned by II. Funding Priorities structuring proposals, or write letters of others. support for a proposal. We will determine the Your proposal must address one of Unsatisfactory performance under appropriateness of all cost sharing the priorities listed here as they pertain prior Federal awards may result in your proposals, including the valuation of in- to species under Federal jurisdiction. If application not being considered for kind contributions, on the basis of you select more than one priority, you funding. guidance provided in 15 CFR parts 14 should list first on your application the and 24. In general, the value of in-kind F. Duration and Terms of Funding priority that most closely reflects the services or property you use to fulfill objectives of your proposal. We will award grants or cooperative your cost share will be the fair market If we do not receive proposals that agreements for a maximum period of 18 value of the services or property. Thus, adequately respond to the priorities months. the value is equivalent to the cost for listed, we may use S-K funds to carry We do not fund multi-year projects you to obtain such services or property out a national program of research and under the S-K Program. If we select your if they had not been donated. You must development addressed to aspects of application for funding and you wish to document the in-kind services or U.S. fisheries pursuant to section 713c– continue work on the project beyond the property you will use to fulfill your cost 3(d) of the S-K Act, as amended. funding period, you must submit share. The priorities are not listed in any another proposal to the competitive If we decide to fund your application, particular order and each is of equal process for consideration, and you will we will require you to account for the importance. not receive preferential treatment. total amount of cost share included in If we select your application for the award document. A. Conservation Engineering funding, we have no obligation to Reduce or eliminate adverse provide any additional future funding in H. Catalog of Federal Domestic Assistance interactions between fishing operations connection with that award. Renewal of and nontargeted, protected, or an award to increase funding or extend The S-K Grant Program is listed in the prohibited species, including the the period of performance is totally at ‘‘Catalog of Federal Domestic inadvertent take, capture, or destruction our discretion. Assistance’’ under number 11.427, of such species. These include juvenile Even though we are publishing this Fisheries Development and Utilization or sublegal-sized fish and shellfish, announcement, we are not required to Research and Development Grants and females of certain crabs, fish listed award any specific grant or cooperative Cooperative Agreements Program. under the Endangered Species Act agreement, nor are we required to (ESA), marine turtles, seabirds, or obligate any part or the entire amount of I. Application Addresses marine mammals. funds available. Northeast Region, NMFS, One Improve the survivability of fish Blackburn Drive, Gloucester, MA 01930; G. Cost Sharing discarded or intentionally released and (978) 281–9267. of protected species released in fishing We are requiring cost sharing in order Southeast Region, NMFS, 9721 operations. to leverage the limited funds available Executive Center Drive, North, St. for this program and to encourage Petersburg, FL 33702–2432, (727) 570– Reduce or eliminate impacts of partnerships among government, 5324. fishing activity on essential fish habitat industry, and academia to address the Southwest Region, NMFS, 501 West (EFH) that adversely affect the needs of fishing communities. You must Ocean Boulevard, Suite 4200, Long sustainability of the fishery. provide a minimum cost share of 10 Beach, CA: 90802–4213, (562) 980– B. Optimum Utilization of Harvested percent of total project costs, but your 4033. Resources under Federal Jurisdiction cost share must not exceed 50 percent Northwest Region, NMFS, 7600 Sand of total costs. (For example, if the Point Way, N.E., BIN C15700, Building Reduce or eliminate factors such as proposed total budget for your project is 1, Seattle, WA 98115, (206) 526–6115. diseases, human health hazards, and $100,000, you must contribute at least Alaska Region, NMFS, P.0. Box quality problems that limit the $10,000, but no more than $50,000, 21668, Juneau, AK 99802 or Federal marketability of fish under Federal toward the total costs. Accordingly, the Building, 709 West 9th Street, 4th Floor, jurisdiction and their products in the Federal share you apply for would range Juneau, AK 99801–1668, (907) 586– United States and abroad. from $50,000 to $90,000.) If your 7224. Increase public knowledge of the safe application does not comply with these handling and use of fish under Federal cost share requirements, we will return J. Electronic Access Addresses jurisdiction and their products. it to you and will not consider it for This solicitation and the application Develop usable products from funding. package are available on the NMFS S-K economic discards (defined in the The funds you provide as cost sharing Home Page at: Magnuson-Stevens Act as ‘‘fish which may include funds from private sources www.nmfs.noaa.gov/sfweb/ are the target of a fishery, but which are or from state or local governments, or skhome.html. not retained because they are of an the value of in-kind contributions. You The 1998 updated Executive undesirable size, sex, or quality, or for may not use Federal funds to meet the Summary of the NOAA Strategic Plan is other economic reasons’’) and from cost sharing requirement except as available at: www.strategic.noaa.gov/ byproducts of processing of federally provided by Federal statute. In-kind and the Magnuson-Stevens Act is managed species. contributions are non-cash available at: www.nmfs.noaa.gov/sfa/ Develop fishing data to be presented contributions provided to you by non- magact/. to the Council(s) to determine the
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feasibility of a new sustainably managed project. You must list on the Project should demonstrate your knowledge of fishery. Summary the specific priority to which the need for the project, and show how the application responds (see section II. your proposal builds upon any past and C. Planning for Fishing Community of this document). current work in the subject area, as well Transition as relevant work in related fields. You C. Project Budget Help fishing communities to address should not assume that we already the socioeconomic effects of overfishing You must submit a budget for each know the relative merits of the project and overcapitalized fisheries through project, using NOAA Form 88–205 (10– you describe. You must describe your business, community, or state planning 98), Project Budget and associated project as follows: activities, including business planning instructions. You must provide detailed 1. Project goals and objectives. for fishing capacity reduction. Activities cost estimates showing total project Identify the specific priority listed may complement, but should not costs. Indicate the breakdown of costs earlier in the solicitation to which the duplicate, programs available from other between Federal and non-Federal proposed project responds. Identify the Federal, state, or local agencies. shares, divided into cash and in-kind problem/opportunity you intend to contributions. To support the budget, address and describe its significance to D. Marine Aquaculture describe briefly the basis for estimating the fishing community. State what you Advance the implementation of the value of the cost sharing derived expect the project to accomplish. marine aquaculture in the off-shore from in-kind contributions. Specify If you are applying to continue a environment (i.e., the EEZ) by estimates of the direct costs in the project we previously funded under the addressing technical aspects such as categories listed on the Project Budget S-K Program, describe in detail your systems engineering, environmental form. progress to date and explain why you compatibility, and culture technology. You may also include in the budget need additional funding. We will Although you are not required to an amount for indirect costs if you have consider this information in evaluating conduct the actual work in the EEZ, an established indirect cost rate with the your current application. your application must demonstrate that Federal government. For this 2. Project impacts. Describe the the project will contribute to the goal of solicitation, the total dollar amount of anticipated impacts of the project on the off-shore industry development. the indirect costs you propose in your fishing community in terms of reduced Reduce or eliminate legal and social application must not exceed the indirect bycatch, increased product yield, or barriers to off-shore aquaculture cost rate negotiated and approved by a other measurable benefits. Describe how development, e.g., legal constraints, use cognizant Federal agency prior to the you will make the results of the project conflicts, exclusionary mapping, and proposed effective date of the award, or available to the public. appropriate institutional roles. 100 percent of the total proposed direct 3. Evaluation of project. Specify the Address environmental issues for costs dollar amount in the application, criteria and procedures that you will use marine aquaculture, e.g., measure and whichever is less. The Federal share of to evaluate the relative success or failure reduce water quality and benthic the indirect costs may not exceed 25 of a project in achieving its objectives. community impacts; evaluate and percent of the total proposed direct 4. Need for government financial reduce negative interactions between costs. If you have an approved indirect assistance. Explain why you need aquaculture and wild stocks, protected cost rate above 25 percent of the total government financial assistance for the resources, and EFH; develop best proposed direct cost, you may use the proposed work. List all other sources of management practices with scientific amount above the 25-percent level up to funding you have or are seeking for the analysis and assessment of risk. the 100-percent level as part of the non- project. Develop effective enhancement Federal share. You must include a copy 5. Federal, state, and local strategies for marine and anadromous of the current, approved, negotiated government activities and permits. List species to help in the recovery of wild indirect cost agreement with the Federal any existing Federal, state, or local stocks. government with your application. government programs or activities that We will not consider fees or profits as this project would affect, including III. How to Apply allowable costs in your application. activities requiring: certification under You must follow the instructions in The total costs of a project consist of state Coastal Zone Management Plans; this document in order to apply for a all allowable costs you incur, including section 404 or section 10 permits issued grant or cooperative agreement under the value of in-kind contributions, in by the Corps of Engineers; experimental the S-K Program. Your application must accomplishing project objectives during fishing or other permits under FMPs; be complete and must follow the format the life of the project. A project begins environmental impact statements to described here. Your application should on the effective date of an award meet the requirements of the National not be bound in any manner and must agreement between you and an Environmental Policy Act; scientific be printed on one side only. You must authorized representative of the U.S. permits under the ESA and/or the submit one signed original and nine Government and ends on the date Marine Mammal Protection Act; or signed copies of your application. specified in the award. Accordingly, we Magnuson-Stevens Act EFH cannot reimburse you for time that you consultation if the project may A. Cover Sheet expend or costs that you incur in adversely affect areas identified as EFH. You must use Office of Management developing a project or preparing the Describe the relationship between the and Budget (OMB) Standard Form 424 application, or in any discussions or project and these FMPs or activities, and and 424B (4–92) as the cover sheet for negotiations you may have with us prior list names and addresses of persons each project. (In order to complete item to the award. We will not accept such providing this information. You can get 16 of Standard Form 424, see section expenditures as part of your cost share. information on these activities from the V.A.5. of this document.) NMFS Regions (see Section I.F., D. Narrative Project Description Application ADDRESSES). If we select B. Project Summary You must provide a narrative your project for funding, you are You must complete NOAA Form 88– description of your project that may be responsible for complying with all 204 (10–98), Project Summary, for each up to 15 pages long. The narrative applicable requirements.
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6. Project statement of work. The Agreements to State and Local to applications based on the following statement of work is an action plan of Governments,’’ and 15 CFR part 14, criteria, with weights shown in activities you will conduct during the ‘‘Uniform Administrative Requirements parentheses: period of the project. You must prepare for Grants and Agreements with a. Soundness of project design/ a detailed narrative, fully describing the Institutions of Higher Education, conceptual approach. Applications will work you will perform to achieve the Hospitals, Other Non-Profit, and be evaluated on the conceptual project goals and objectives. The Commercial Organizations.’’ If you approach; the likelihood of project narrative should respond to the select a consultant and/or a results in the time frame specified in the following questions: subcontractor prior to submitting an application; whether there is sufficient (a) What is the project design? What application, indicate the process that information to evaluate the project specific work, activities, procedures, you used for selection. technically; and, if so, the strengths statistical design, or analytical methods and/or weaknesses of the technical will you undertake? E. Supporting Documentation design relative to securing productive (b) Who will be responsible for You should include any relevant results. (50 percent) carrying out the various activities? documents and additional information b. Project management and (Highlight work that will be (i.e., maps, background documents) that experience and qualifications of subcontracted and provisions for will help us to understand the project personnel. The organization and competitive subcontracting.) and the problem/opportunity you seek management of the project will be (c) What are the major products and to address. evaluated. The project’s principal how will project results be investigator and other personnel, IV. Screening, Evaluation, and disseminated? Describe products of the including consultants and contractors project, such as a manual, video, Selection Procedures participating in the project, will be technique, or piece of equipment. A. Initial Screening of Applications evaluated in terms of related experience Indicate how project results will be When we receive applications at any and qualifications. Applications that disseminated to potential users. of the NMFS Regional Offices, we will include consultants and contractors will (d) What are the project milestones? first screen them to ensure that they be reviewed to determine if your List milestones, describing the specific were received by the deadline date (see involvement, as the primary applicant, activities and associated time lines to DATES); include OMB form 424 signed is necessary to the conduct of the conduct the scope of work. Describe the project and the accomplishment of its time lines in increments (e.g., month 1, and dated by an authorized representative (see section III. A. of this objectives. (25 percent) month 2), rather than by specific dates. c. Project evaluation. The Identify the individual(s) responsible for document); were submitted by an eligible applicant (see section I.E. of this effectiveness of your proposed methods the various specific activities. to monitor and evaluate the success or This information is critical for us to document); provide for at least a 10- percent cost share but not more than 50 failure of the project in terms of meeting conduct a thorough review of your its original objectives will be examined. application, so we encourage you to percent (see section I.G. of this document); involve an eligible activity (10 percent) provide sufficient detail. d. Project costs. The justification and (see section I.D. of this document); 7. Participation by persons or groups allocation of the budget in terms of the address one of the funding priorities for other than the applicant. Describe how work to be performed will be evaluated. species under Federal jurisdiction (see government and non-government Unreasonably high or low project costs section II.A.-D. of this document); entities, particularly members of fishing will be taken into account. (15 percent) communities, will participate in the include a budget and a statement of Following the technical review, we project, and the nature of their work including milestones (see sections will determine the weighted score for participation. We will consider the III.C. and III.D.6 of this document); and each individual review and average the degree of participation by members of identify the principal investigator (see individual technical review scores to the fishing community in determining section III D.8. of this document). If your determine the final technical score for which applications to fund. application does not conform to these each application. Then, we will rank 8. Project management. Describe how requirements and the deadline for applications in descending order by the project will be organized and submission has passed, we will return it their final technical scores and managed. Identify the principal to you without further consideration. determine a ‘‘cutoff’’ score that is based We do not have to screen applications investigator and other participants in on the amount of funds available for before the submission deadline, nor do the project. If you do not identify the grants. We will eliminate from further we have to give you an opportunity to principal investigator, we will return consideration those applications that correct any deficiencies that cause your your application without further scored below the cutoff. consideration. Include copies of any application to be rejected. 2. Constituent Panel(s) agreements between you and the B. Evaluation of Proposed Projects participants describing the specific tasks For those applications at or above the to be performed. Provide a statement no 1. Technical Evaluation cutoff technical evaluation score, we more than two pages long of the After the initial screening, we will will solicit individual comments and qualifications and experience (e.g., solicit individual evaluations of each evaluations from a panel or panels of resume or curriculum vitae) of the project application from three or more three or more representatives selected principal investigator(s) and any appropriate private and public sector by the Assistant Administrator for consultants and/or subcontractors, and experts to determine the technical merit. Fisheries (AA), NOAA. Panel members indicate their level of involvement in These reviewers will be required to will be chosen from the fishing the project. If any portion of the project certify that they do not have a conflict industry, state government, non- will be conducted through consultants of interest concerning the application(s) government organizations, and others, and/or subcontracts, you must follow they are reviewing. They will assign as appropriate. We will provide procurement guidance in 15 CFR part scores ranging from a minimum of 60 panelists with a summary of the 24, ‘‘Grants and Cooperative (poor) to a maximum of 100 (excellent) technical evaluations, and, for
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applications to continue a previously outstanding delinquent Federal debt or intended for your use and should not be funded project, information on progress fine until either: sent to the Department of Commerce on the funded work to date. a. The delinquent account is paid in (Commerce). You should send an SF- Each panelist will evaluate the full, LLL submitted by any tier recipient or applications in terms of the significance b. A negotiated repayment schedule is subrecipient to Commerce only if your of the problem or opportunity being established and at least one payment is application is recommended for addressed, the degree to which the received, or funding. Instructions will be contained project involves collaboration with c. Other arrangements satisfactory to in the award document. We will provide fishing community members and other Commerce are made. you with all required forms. 5. Complete Item 16 on Standard appropriate collaborators, proposed V. Administrative Requirements means to disseminate project results, Form 424 (4-92) regarding clearance by and the merits of funding each project. A. Your Obligations as an Applicant the State Point Of Contact (SPOC) established as a result of Executive Each panelist will provide a rating from You must: Order 12372. You can get the list of 0–4 (poor to excellent) for each project, 1. Meet all application requirements SPOCs from any of the NMFS offices and provide comments if they wish. and provide all information necessary listed in this document or from the S- Panel members will be required to for the evaluation of the proposal(s), K Home Page (see section I.G. Electronic certify that they do not have a conflict including one signed original and nine of interest and that they will maintain Access Addresses of this document). It signed copies of the application. is also included in the ‘‘Catalog of confidentiality of the panel 2. Be available to respond to questions deliberations. Federal Domestic Assistance.’’ You during the review and evaluation of the must contact the SPOC, if your state has Following the Constituent Panel proposal(s). meeting, we will average the individual one, to see if applications to the S-K 3. Submit a completed Form CD-511, Program are subject to review. If SPOC ratings for each project. We will then ‘‘Certification Regarding Debarment, develop a ranking of projects based on clearance is required, you are Suspension and Other Responsibility responsible for getting that clearance in the individual ranks within each of the Matters; Drug-Free Workplace priority areas. time to submit your application to the Requirements and Lobbying.’’ The S-K Program by the deadline (see following explanations are provided: C. Selection Procedures and Project DATES). Funding a. Nonprocurement debarment and 6. Complete Standard Form 424B (4- suspension. Prospective participants (as After projects have been evaluated 92), ‘‘Assurances—Non-construction defined at 15 CFR 26.105) are subject to Programs.’’ B. Your Obligations as a and ranked, we will use this 15 CFR part 26, ‘‘Nonprocurement information, along with input from the Successful Applicant (Recipient) If you Debarment and Suspension’’ and the are awarded a grant or cooperative NMFS Regional Administrators (RAs) related section of the certification form and Office Directors (ODs), to develop agreement for a project, you must: prescribed above applies; 1. Manage the day-to-day operations recommendations for project funding. b. Drug-free workplace. Grantees (as of the project, be responsible for the RAs/ODs will prepare a written defined at 15 CFR 26.605) are subject to performance of all activities for which justification for any recommendations 15 CFR part 26, subpart F, funds are granted, and be responsible for funding that fall outside the ranking ‘‘Governmentwide Requirements for for the satisfaction of all administrative order, or for any cost adjustments. Drug-Free Workplace (Grants),’’ and the and managerial conditions imposed by The AA will review the funding related section of the certification form the award. recommendations and comments of the prescribed above applies; 2. Keep records sufficient to RAs/ODs and determine the projects to c. Anti-lobbying. Persons (as defined document any costs incurred under the be funded. In making the final at 15 CFR 28.105) are subject to the award, and allow access to these records selections, the AA may consider costs, lobbying provisions of 31 U.S.C. 1352, for audit and examination by the geographical distribution, and ‘‘Limitation on Use of Appropriated Secretary of Commerce, the Comptroller duplication with other federally funded Funds to Influence Certain Federal General of the United States, or their projects. Awards are not necessarily Contracting and Financial authorized representatives; and, submit made to the highest ranked applications. Transactions,’’ and the lobbying section financial status reports (SF 269) to We will notify you in writing whether of the certification form applies to NOAA’s Grants Management Division in your application is selected or not. applications for grants or cooperative accordance with the award conditions. Furthermore, if your application is not agreements for more than $100,000; and 3. Submit semiannual project status selected, we will return it to you. d. Anti-lobbying disclosures. Any reports on the use of funds and progress Successful applications will be applicant who has paid or will pay for of the project to us within 30 days after incorporated into the award document. lobbying using any funds must submit the end of each 6-month period. You The exact amount of funds, the scope an SF-LLL, ‘‘Disclosure of Lobbying will submit these reports to the of work, and terms and conditions of a Activities,’’ as required under 15 CFR individual identified as the NMFS successful award will be determined in part 28, appendix B. Program Officer in the funding preaward negotiations between you and 4. If applicable, require applicants/ agreement. NOAA/NMFS representatives. The bidders for subgrants, contracts, 4. Submit a final report within 90 funding instrument (grant or subcontracts, or other lower tier covered days after completion of each project to cooperative agreement) will be transactions at any tier under the award the NMFS Program Officer. The final determined by NOAA Grants. You to submit a completed Form CD-512, report must describe the project and should not initiate your project in ‘‘Certifications Regarding Debarment, include an evaluation of the work you expectation of Federal funding until you Suspension, Ineligibility and Voluntary performed and the results and benefits receive a grant award document signed Exclusion-Lower Tier Covered in sufficient detail to enable us to assess by an authorized NOAA official. Transactions and Lobbying’’ and the success of the completed project. We will not award any Federal funds disclosure form SF-LLL, ‘‘Disclosure of We are committed to using available to you or any subrecipients who have an Lobbying Activities.’’ Form CD-512 is technology to achieve the timely and
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wide distribution of final reports to have your financial management collection of information displays a those who would benefit from this systems certified by an independent currently valid OMB control number. information. Therefore, you are required public accountant as being in A solicitation for applications will to submit final reports in electronic compliance with Federal standards also appear in the ‘‘Commerce Business format, in accordance with the award specified in the applicable OMB Daily.’’ terms and conditions, for publication on Circulars prior to execution of the Dated: February 28, 2001. the NMFS S-K Home Page. You may award. If you are a first-time applicant William T. Hogarth, charge the costs associated with for Federal grant funds, you may be Acting Assistant Administrator for Fisheries, preparing and transmitting your final subject to a preaward accounting survey National Marine Fisheries Service. reports in electronic format to the grant by Commerce prior to execution of the [FR Doc. 01–5560 Filed 3–6–01; 8:45 am] award. We will consider requests for award. BILLING CODE 3510–22–S exemption from the electronic 4. False Statements submission requirement on a case-by- case basis. A false statement on the application is DEPARTMENT OF DEFENSE We will provide you with OMB- grounds for denial or termination of approved formats for the semiannual funds and grounds for possible [OMB Control Number 0704–0231] and final reports. punishment by a fine or imprisonment 5. In addition to the final report in (18 U.S.C. 1001). Information Collection Requirements; section V.B.4. of this document, we Defense Federal Acquisition Classification request that you submit any Regulation Supplement; Mortuary publications printed with grant funds Prior notice and an opportunity for Services Contracts (such as manuals, surveys, etc.) to the public comments are not required by the AGENCY: Department of Defense (DoD). Administrative Procedure Act or any NMFS Program Officer for ACTION: Notice and request for other law for this notice concerning dissemination to the public. Submit comments regarding a proposed grants, benefits, and contracts. either three hard copies or an electronic extension of an approved information version of any such publications. Furthermore, a regulatory flexibility collection requirement. You are encouraged to the extent analysis is not required for purposes of feasible to purchase American-made the Regulatory Flexibility Act. SUMMARY: In compliance with section equipment and products with the This action has been determined to be 3506(c)(2)(A) of the Paperwork funding provided under this program. not significant for purposes of Executive Reduction Act of 1995 (44 U.S.C. Note, if you incur any costs prior to Order 12866. Chapter 35), DoD announces the receiving an award agreement signed by Applications under this program are proposed extension of a public an authorized NOAA official, you do so subject to Executive Order 12372, information collection requirement and solely at your own risk of not being ‘‘Intergovernmental Review of Federal seeks public comment on the provisions reimbursed by the Government. Programs.’’ thereof. DoD invites comments on: (a) Notwithstanding any verbal or written This document contains collection-of- Whether the proposed collection of assurance that you may have received, information requirements subject to the information is necessary for the proper Commerce has no obligation to cover Paperwork Reduction Act (PRA). The performance of the functions of DoD, preaward costs. use of Standard Forms 424, 424B, and including whether the information will have practical utility; (b) the accuracy of C. Other Requirements SF-LLL have been approved by OMB under the respective control numbers the estimate of the burden of the 1. Federal Policies and Procedures 0348–0043, 0348–0040, and 0348–0046. proposed information collection; (c) If you receive Federal funding, you NOAA-specific requirements have been ways to enhance the quality, utility, and are subject to all Federal laws and approved under OMB control number clarity of the information to be Federal and Commerce policies, 0648–0135. These requirements and collected; and (d) ways to minimize the regulations, and procedures applicable their estimated response times are 1 burden of the information collection on to financial assistance awards. You must hour for a project summary, 1 hour for respondents, including the use of comply with general provisions that a budget form, 2.5 hours for a automated collection techniques or apply to all recipients under Commerce semiannual report, and 13 hours for a other forms of information technology. grant and cooperative agreement final report. These estimates include the The Office of Management and Budget programs. time for reviewing instructions, (OMB) has approved this information searching existing data sources, collection requirement for use through 2. Name Check Review gathering and maintaining the data July 31, 2001. DoD proposes that OMB You may be subject to a name check needed, and completing and reviewing extend its approval for use through July review process. We use name checks to the collection of information. Send 31, 2004. determine if you or any key individuals comments regarding these burden DATES: DoD will consider all comments named in your application have been estimates or any other aspect of this received by May 7, 2001. convicted of, or are presently facing, collection of information, including ADDRESSES: Respondents may submit criminal charges such as fraud, theft, suggestions for reducing this burden, to comments directly on the World Wide perjury, or other matters that Alicia Jarboe, F/SF2, Room 13112, 1315 Web at http://emissary.acq.osd.mil/dar/ significantly reflect on your East West Highway, Silver Spring, MD dfars.nsf/pubcomm. As an alternative, management, honesty, or financial 20910–3282. respondents may e-mail comments to: integrity. Notwithstanding any other provision [email protected]. Please cite OMB of law, no person is required to respond Control Number 0704–0231 in the 3. Financial Management Certification/ to, nor shall any person be subject to a subject line of e-mailed comments. Preaward Accounting Survey penalty for failure to comply with, a Respondents that cannot submit You may, at the discretion of the collection of information subject to the comments using either of the above NOAA Grants Officer, be required to requirements of the PRA unless that methods may submit comments to:
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Defense Acquisition Regulations DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Ms. Council, Attn: Ms. Sandra Haberlin, Amy Williams, (703) 602–0288. The OUSD (AT&L) DP (DAR), IMD 3C132, [OMB Control Number 0704–0232] information collection requirements 3062 Defense Pentagon, Washington, DC addressed in this notice are available 20301–3062; facsimile (703) 602–0350. Information Collection Requirements; electronically on the World Wide Web Please cite OMB Control Number 0704– Defense Federal Acquisition at: http://www.acq.osd.mil/dp/dars/ 0231. Regulation Supplement; Contract dfars.html. Paper copies are available At the end of the comment period, Pricing from Ms. Amy Williams, interested parties may view public OUSD(AT&L)DP(DAR), IMD 3C132, AGENCY: Department of Defense (DoD). comments on the World Wide Web at 3062 Defense Pentagon, Washington, DC http://emissary.acq.osd.mil/dar/ ACTION: Notice and request for 20301–3062. dfars.nsf. comments regarding a proposed SUPPLEMENTARY INFORMATION: extension of an approved information FOR FURTHER INFORMATION CONTACT: Ms. collection requirement. Title and OMB Number: Defense Sandra Haberlin, (703) 602–0289. The Federal Acquisition Regulation information collection requirements SUMMARY: In compliance with section Supplement (DFARS) Subpart 215.4, addressed in this notice are available 3506(c)(2)(A) of the Paperwork Contract Pricing, and related clause in electronically on the World Wide Web Reduction Act of 1995 (44 U.S.C. DFARS 252.215; OMB Control Number at: http://www.acq.osd.mil/dp/dars/ Chapter 35), DoD announces the 0704–0232. dfars.html. Paper copies are available proposed extension of a public Needs and Uses: DoD contracting from Ms. Sandra Haberlin, OUSD information collection requirement and officers need this information to (AT&L)DP(DAR), IMD 3C132, 3062 seeks public comment on the provisions negotiate an equitable adjustment in the Defense Pentagon, Washington, DC thereof. DoD invites comments on: (a) total amount paid or to be paid under 20301–3062. Whether the proposed collection of a fixed-price redeterminable or fixed- information is necessary for the proper price incentive contract, to reflect final SUPPLEMENTARY INFORMATION: performance of the functions of DoD, subcontract prices; and to determine if Title, Associated Form, and OMB including whether the information will a contractor has an adequate system for Number: Defense Federal Acquisition have practical utility; (b) the accuracy of generating cost estimates, and monitor Regulation Supplement (DFARS) the estimate of the burden of the correction of any deficiencies. Subpart 237.70, Mortuary Services, and proposed information collection; (c) Affected Public: Businesses or other the associated clause at DFARS ways to enhance the quality, utility, and for-profit and not-for-profit institutions. 252.237–7011; DD Form 2063, Record of clarity of the information to be Annual Burden Hours: 5,350. Preparation and Disposition of Remains; collected; and (d) ways to minimize the Number of Respondents: 310. OMB Control Number 0704–0231. burden of the information collection on Needs and Uses: This requirement respondents, including the use of Responses Per Respondent: .45. provides for the collection of necessary automated collection techniques or Annual Responses: 141. information from contractors regarding other forms of information technology. Average Burden Per Response: 37.94 the results of the embalming process The Office of Management and Budget hours. under contracts for mortuary services. (OMB) has approved this information Frequency: On occasion. The information is used to ensure collection requirement for use through Summary of Information Collection proper preparation of the body for September 30, 2001. DoD proposes that shipment and burial. OMB extend its approval for use DFARS 215.404–3(a)(iv)(B) requires Affected Public: Businesses or other through September 30, 2004. that, upon establishment of firm prices for-profit and not-for-profit institutions. DATES: DoD will consider all comments for each subcontract listed in a repricing Annual Burden Hours: 400. received by May 7, 2001. modification, the contractor must submit the subcontractor’s costs Number of Resondents: 114. ADDRESSES: Respondents may submit comments directly on the World Wide incurred in performing the subcontract Responses Per Respondent: 7. Web at http://emissary.acq.osd.mil/dar/ and the final subcontract price. This Annual Responses: 800. dfars.nsf/pubcomm. As an alternative, requirement applies to the pricing of a Average Burden Per Response: .5 respondents may e-mail comments to: fixed-price redeterminable or fixed- hours. [email protected]. Please cite OMB price incentive contract that includes subcontracts placed on the same basis, Frequency: On occasion. Control Number 0704–0232 in the subject line of e-mailed comments. if the contractor has not yet established Summary of Information Collection Respondents that cannot submit final prices for the subcontracts and circumstances require prompt The clause at DFARS 252.237–7011, comments using either of the above methods may submit comments to: negotiation. Preparation History, requires that the DFARS 215.407–5 and the clause at contractor submit information Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, 252.215–7002, Cost Estimating System describing the results of the embalming Requirements, require that certain large process on each body prepared for OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC business contractors— burial under a DoD contract. The • contractor uses DD Form 2063 to 20301–3062; facsimile (703) 602–0350. Establish an adequate cost provide this information. Please cite OMB Control Number 0704– estimating system and disclose the 0232. estimating system to the administrative Michele P. Peterson, At the end of the comment period, contracting officer (ACO) in writing; Executive Editor, Defense Acquisition interested parties may view public • Maintain the estimating system and Regulations Council. comments on the World Wide Web at disclose significant changes in the [FR Doc. 01–5583 Filed 3–6–01; 8:45 am] http://emissary.acq.osd.mil/dar/ system to the ACO on a timely basis; BILLING CODE 5000–04–M dfars.nsf. and
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• Respond in writing to reports from OUSD(AT&L)DP(DAR), IMD 3C132, DEPARTMENT OF DEFENSE the Government that identify 3062 Defense Pentagon, Washington, DC deficiencies in the estimating system. 20301–3062; facsimile (703) 602–0350. [OMB Control Number 0704–0272] Please cite OMB Control Number 0704– Michele P. Peterson, 0253. Information Collection Requirements; Executive Editor, Defense Acquisition Regulations Council. At the end of the comment period, Defense Federal Acquisition Regulation Supplement; Environment, [FR Doc. 01–5584 Filed 3–6–01; 8:45 am] interested parties may view public Conservation, and Occupational Safety BILLING CODE 5000–04–M comments on the World Wide Web at http://emissary.acq.osd.mil/dar/ AGENCY: Department of Defense (DoD). dfars.nsf. ACTION: Notice and request for DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Mr. comments regarding a proposed [OMB Control Number 0704–0253] Rick Layser, (703) 602–0293. The extension of an approved information information collection requirements collection requirement. Information Collection Requirements; addressed in this notice are available Defense Federal Acquisition electronically on the World Wide Web SUMMARY: In compliance with section Regulation Supplement; at: http://www.acq.osd.mil/dp/dars/ 3506(c)(2)(A) of the Paperwork Subcontracting Policies and dfars.html. Paper copies are available Reduction Act of 1995 (44 U.S.C. Procedures from Mr. Rick Layser, OUSD Chapter 35), DoD announces the proposed extension of a public AGENCY: Department of Defense (DoD). (AT&L)DP(DAR), IMD 3C132, 3062 information collection requirement and ACTION: Notice and request for Defense Pentagon, Washington, DC 20301–3062. seeks public comment on the provisions comments regarding a proposed thereof. DoD invites comments on: (a) extension of an approved information SUPPLEMENTARY INFORMATION: Whether the proposed collection of collection requirement. Title and OMB Number: Defense information is necessary for the proper SUMMARY: In compliance with section Federal Acquisition Regulation performance of the functions of DoD, 3506(c)(2)(A) of the Paperwork Supplement (DFARS) Part 244, including whether the information will Reduction Act of 1995 (44 U.S.C. Subcontracting Policies and Procedures; have practical utility; (b) the accuracy of Chapter 35), DoD announces the OMB Control Number 0704–0253. the estimate of the burden of the proposed extension of a public Needs and Uses: Administrative proposed information collection; (c) information collection requirement and contracting officers use this information ways to enhance the quality, utility, and seeks public comment on the provisions in making decisions to grant, withhold, clarity of the information to be thereof. DoD invites comments on: (a) or withdraw purchasing system collected; and (d) ways to minimize the Whether the proposed collection of approval at the conclusion of a burden of the information collection on information is necessary for the proper contractor purchasing system review. respondents, including the use of performance of the functions of DoD, Withdrawal of purchasing system automated collection techniques or including whether the information will approval would necessitate Government other forms of information technology. have practical utility; (b) the accuracy of consent to individual subcontracts. The Office of Management and Budget the estimate of the burden of the (OMB) has approved this information Affected Public: Businesses or other collection requirement for use through proposed information collection; (c) for-profit and not-for-profit institutions. ways to enhance the quality, utility, and August 31, 2001. DoD proposes that clarity of the information to be Annual Burden Hours: 1,440. OMB extend its approval for use collected; and (d) ways to minimize the Number of Respondents: 90. through August 31, 2004. DATES: burden of the information collection on Responses Per Respondent: 1. DoD will consider all comments respondents, including the use of received by May 7, 2001. Annual Responses: 90. automated collection techniques or ADDRESSES: Respondents may submit other forms of information technology. Average Burden Per Response: 16 comments directly on the World Wide The Office of Management and Budget hours. Web at http://emissary.acq.osd.mil/dar/ (OMB) approved this information Frequency: On occasion. dfars.nsf/pubcomm. As an alternative, collection requirement for use through respondents may e-mail comments to: July 31, 2001. DoD proposes that OMB Summary of Information Collection [email protected]. Please cite OMB extend its approval for use through July This information collection includes Control Number 0704–0272 in the 31, 2004. the requirements of DFARS 244.305–70, subject line of e-mailed comments. DATES: DoD will consider all comments Granting, withholding, or withdrawing Respondents that cannot submit received by May 7, 2001. approval. DFARS 244.305–70 requires comments using either of the above ADDRESSES: Respondents may submit the administrative contracting officer, at methods may submit comments to: comments directly on the World Wide the completion of the in-plant portion of Defense Acquisition Regulations Web at http://emissary.acq.osd.mil/dar/ a contractor purchasing system review, Council, Attn: Ms. Sandra Haberlin, dfars.nsf/pubcomm. As an alternative, to ask the contractor to submit within 15 OUSD(AT&L)DP(DAR), IMD 3C132, respondents may e-mail comments to: days its plan for correcting deficiencies 3062 Defense Pentagon, Washington, DC [email protected]. Please cite OMB or making improvements to its 20301–3062; facsimile (703) 602–0350. Control Number 0704–0253 in the purchasing system. Please cite OMB Control Number 0704– subject line of e-mailed comments. 0272. Respondents that cannot submit Michele P. Peterson, At the end of the comment period, comments using either of the above Executive Editor, Defense Acquisition interested parties may view public methods may submit comments to: Regulations Council. comments on the World Wide Web at Defense Acquisition Regulations [FR Doc. 01–5585 Filed 3–6–01; 8:45 am] http://emissary.acq.osd.mil/dar/ Council, Attn: Mr. Rick Layser, BILLING CODE 5000–04–M dfars.nsf.
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FOR FURTHER INFORMATION CONTACT: Ms. before award, a copy of the hazard ACTION: Notice and request for Sandra Haberlin, (703) 602–0289. The warning label for all hazardous comments regarding a proposed information collection requirements materials not listed in paragraph (c) of extension of an approved information addressed in this notice are available the clause. collection requirement. electronically on the World Wide Web 2. DFARS 252.223–7002, Safety at: http://www.acq.osd.mil/dp/dars/ SUMMARY: In compliance with section Precautions for Ammunition and 3506(c)(2)(A) of the Paperwork dfars.html. Paper copies are available Explosives from Ms. Sandra Haberlin, Reduction Act of 1995 (44 U.S.C. OUSD(AT&L)DP(DAR), IMD 3C132, Paragraph (c)(2) requires the Chapter 35), DoD announces the 3062 Defense Pentagon, Washington, DC contractor, within 30 days of proposed extension of a public 20301–3062. notification of noncompliance with DoD information collection requirement and 4145.26–M, to notify the contracting SUPPLEMENTARY INFORMATION: seeks public comment on the provisions Title and OMB Number: Defense officer of actions taken to correct the thereof. DoD invites comments on: (a) Federal Acquisition Regulation noncompliance. Paragraph (d)(1) Whether the proposed collection of Supplement (DFARS) Part 223, requires the contractor to notify the information is necessary for the proper Environment, Conservation, and contracting officer immediately of any performance of the functions of DoD, Occupational Safety, and related clauses mishaps involving ammunition or including whether the information will in DFARS 252.223; OMB Control explosives. Paragraph (d)(3) requires the have practical utility; (b) the accuracy of Number 0704–0272. contractor to submit a written report of the estimate of the burden of the Needs and Uses: This information the investigation of the mishap to the proposed information collection; (c) collection requires that an offeror/ contacting officer. Paragraph (g)(4) ways to enhance the quality, utility, and contractor provide information in requires the contractor to notify the clarity of the information to be response to solicitation provisions and contracting officer before placing a collected; and (d) ways to minimize the contract clauses in DFARS 252.223, subcontract for ammunition or burden of the information collection on explosives. excluding those provisions and clauses respondents, including the use of relating to a drug-free workplace (which 3. DFARS 252.223–7003, Changes in automated collection techniques or are approved under OMB Control Place of Performance—Ammunition other forms of information technology. Number 0704–0336). DoD contracting and Explosives The Office of Management and Budget (OMB) has approved this information officers use this information to— Paragraph (a) requires the offeror to • collection requirement for use through Verify compliance with identify, in the Place of Performance August 31, 2001. DoD proposes that requirements for labeling of hazardous provision of the solicitation, the place of OMB extend its approval for use material; performance of all ammunition and • through August 31, 2004. Ensure contractor compliance and explosives work covered by the Safety monitor subcontractor compliance with Precautions for Ammunition and DATES: DoD will consider all comments DoD 4145.26–M, DoD Contractors’ Explosives clause of the solicitation. received by May 7, 2001. Safety Manual for Ammunition and Paragraphs (b) and (c) require the ADDRESSES: Respondents may submit Explosives, and minimize risk of offeror/contractor to obtain written comments directly on the World Wide mishaps; • permission from the contacting officer Web at http://emissary.acq.osd.mil/dar/ Identify the place of performance of before changing the place of all ammunition and explosives work; dfars.nsf/pubcomm. As an alternative, performance after the date set for receipt respondents may e-mail comments to: and of offers or after contract award. • Ensure contractor compliance and [email protected]. Please cite OMB monitor subcontractor compliance with 4. DFARS 252.223–7007, Safeguarding Control Number 0704–0359 in the DoD 5100.76–M, Physical Security of Sensitive Conventional Arms, subject line of e-mailed comments. sensitive Conventional Arms, Ammunition, and Explosives Respondents that cannot submit comments using either of the above Ammunition, and Explosives. Paragraph (e) requires the contractor Affected Public: Businesses or other to notify the cognizant Defense Security methods may submit comments to: for-profit and not-for-profit institutions. Service field office within 10 days after Defense Acquisition Regulations Annual Burden Hours: 9,996. award of any subcontract involving Council, Attn: Ms. Sandra Haberlin, Number of Respondents: 8,873. sensitive conventional arms, OUSD(AT&L)DP(DAR), IMD 3C132, Responses Per Respondent: 1.66. ammunition, and explosives within the 3062 Defense Pentagon, Washington, DC Annual Responses: 14,726. scope of DoD 5100.76–M. 20301–3062; facsimile (703) 602–0350. Average Burden Per Response: .68 Please cite OMB Control Number 0704– hours. Michele P. Peterson, 0359. Frequency: On occasion. Executive Editor, Defense Acquisition At the end of the comment period, Regulations Council. Summary of Information Collection interested parties may view public [FR Doc. 01–5586 Filed 3–6–01; 8:45 am] comments on the World Wide Web at This information collection includes BILLING CODE 5000–04–M http://emissary.acq.osd.mil/dar/ the following requirements: dfars.nsf. 1. DFARS 252.223–7001, Hazard DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Ms. Warning Labels Sandra Haberlin, (703) 602–0289. The Paragraph (c) requires all offerors to [OMB Control Number 0704–0359] information collection requirements list which hazardous materials will be Information Collection Requirements; addressed in this notice are available labeled in accordance with certain Defense Federal Acquisition electronically on the World Wide Web statutory requirements instead of the Regulation Supplement Part 232, at: http://www.acq.osd.mil/dp/dars/ Hazard Communication Standard. Contract Financing dfars.html. Paper copies are available Paragraph (d) requires only the from Ms. Sandra Haberlin, OUSD apparently successful offeror to submit, AGENCY: Department of Defense (DoD). (AT&L)DP(DAR), IMD 3C132, 3062
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Defense Pentagon, Washington, DC percent of the funds currently allotted to DEPARTMENT OF DEFENSE 20301–3062. the contract. Department of the Army SUPPLEMENTARY INFORMATION: Michele P. Peterson, Title and OMB Number: Defense Executive Editor, Defense Acquisition Army Education Advisory Committee; Federal Acquisition Regulation Regulations Council. Meeting [FR Doc. 01–5587 Filed 3–6–01; 8:45 am] Supplement (DFARS) Part 232, Contract AGENCY: Department of the Army, DoD. Financing, and related clause at DFARS BILLING CODE 5000–04–M ACTION: 252.237–7007, Limitation of Notice of meeting. Government’s Obligation; OMB Control SUMMARY: DEPARTMENT OF DEFENSE In accordance with section Number 0704–0359. 10(a)(2) of the Federal Advisory Needs and Uses: This information Cost Accounting Standards Committee Act (5 U.S.C. App. I), collection requires contractors that are Administration announcement is made of the following awarded incrementally funded, fixed- Committee meeting: price DoD contracts to notify the AGENCY: Department of Defense (DoD). Name of Committee: U.S. Army War Government when the work under the College Subcommittee of the Army Education ACTION: contract will, within 90 days, reach the Notice of public meeting. Advisory Committee. point at which the amount payable by Dates of Meeting: April 25, 26, 27, and 28, the Government (including any SUMMARY: The Director of Defense 2001. Place: Root Hall, U.S. Army War College, termination costs) approximates 85 Procurement is sponsoring a public meeting to discuss potential Carlisle Barracks, Pennsylvania. percent of the funds currently allotted to opportunities to streamline the Time: 8:30 a.m.–5 p.m. the contract. This information will be provisions in Part 31 of the Federal Proposed Agenda: Receive information used to determine what course of action briefings; conduct discussions with the Acquisition Regulation concerning cost the Government will take (e.g., allot Commandant staff and faculty; table and measurement, assignment, and additional funds for continued examine online College issues; assess allocation. The Director of Defense resident and distance education programs, performance, terminate the contract, or Procurement would like to hear the self-study techniques, and plans for the terminate certain contract line items). views of interested parties on what they Process for Accreditation of Joint Education Affected Public: Businesses or other believe are potential areas for (PAJE) 2000; assemble a working group for for-profit and not-for-profit institutions. streamlining in light of the evolution of the concentrated review of institutional policies and a working group to address Annual Burden Hours: 800. Generally Accepted Accounting Principles, the advent of Acquisition committee membership and charter issues; Number of Respondents: 800. propose strategies and recommendations that Reform, and experience gained from will continue the momentum of federal Responses Per Respondent: 1. implementation. A listing of some accreditation success and guarantee Annual Responses: 800. possible streamlining areas can be found compliance with regional accreditation on the Internet Home Page of the Office standards. Average Burden Per Response: 1 hour. of Cost, Pricing, and Finance at http:// Frequency: On occasion. www.acq.osd.mil/dp/cpf. FOR FURTHER INFORMATION CONTACT: To request advance approval or obtain Summary of Information Collection Upon identification of the key areas, further information, contact Lieutenant subsequent public meetings will be held Colonel Cary A. Hilton, Box 524, U.S. This information collection includes to hear views of interested parties Army War College, Carlisle Barracks, PA requirements related to contract regarding specific recommendations. 17013 or telephone (717) 245–3396. financing and payment in DFARS Part The dates and times of those meetings SUPPLEMENTARY INFORMATION: 232, Contract Financing, and the related will be published on the Internet Home This meeting is open to the public. Any clause at DFARS 252.232–7007, Page of the Office of Cost, Pricing, and interested person may attend, appear Limitation of Government’s Obligation. Finance. before, or file statements with the DFARS Subpart 232.7, Contract DATES: The first meeting will be held on Committee after receiving advance Funding, limits the use of incrementally April 19, 2001, from 10 a.m. until 1 approval for participation. To request funded fixed-price contracts to p.m., local time. advance approval or obtain further situations where the contract is funded information, contact Lieutenant Colonel with research and development ADDRESSES: The meeting will be held in the Auditorium at the General Services Cary A. Hilton at the above address or appropriations; where Congress has phone number. otherwise incrementally appropriated Administration, 18th and F Streets, program funds; or where the head of the Washington, DC. Directions may be Gregory D. Showalter, contracting activity approves the use of found on the Internet at http:// Army Federal Register Liaison Officer. www.acq.osd.mil/dp/cpf. incremental funding for either base [FR Doc. 01–5533 Filed 3–6–01; 8:45 am] services contracts or hazardous/toxic FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 3710–08–M waste remediation contracts. The clause David Capitano, Office of Cost, Pricing, at DFARS 252.232–7007 identifies and Finance, by telephone at (703) 695– DEPARTMENT OF DEFENSE procedures for incrementally funding 7249, by FAX at (703) 693–9616, or by the contract and requires the contractor e-mail at [email protected]. Department of the Army to provide the Government with written Michele P. Peterson, notice when the work will reach the Army Science Board; Notice of Open Executive Editor, Defense Acquisition point at which the amount payable by Regulations Council. Meeting the Government, including any [FR Doc. 01–5581 Filed 3–6–01; 8:45 am] termination costs, approximates 85 In accordance with Section 10(a)(2) of BILLING CODE 5000–04–M the Federal Advisory Committee Act
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(P.L. 92–463), announcement is made of U.S. Army Corps of Engineers, 215 preferred alternative has remained the the following Committee Meeting: North 17th Street, Omaha, Nebraska same for both DEIS’s, although Name of Committee: Army Science Board 68102–4978, telephone at (402) 221– estimated Platte River depletions and (ASB)—Venture Capital. 4602, or E-Mail estimated wetland impacts have each Date of Meeting: 05–06 March 2001. [email protected] decreased slightly from the 1999 Time of Meeting: 0900–1630, 05 March SUPPLEMENTARY INFORMATION: MUD’s proposal. A public hearing to comply 2001, 0900–1630, 06 March 2001. preferred Platte West alternative is with the Section 404 permit process has Place: Presidential Towers Office Bldg, 9th already been held in conjunction with floor conference room, 2511 Jefferson Davis located in Douglas and Saunders Counties, and consists of 40 to 46 public meetings in 1999. Highway, Arlington, VA 22202–3911. If the proposed Platte West alternative Agenda: This is the second meeting of The vertical wells that would withdraw Army Science Board’s (ASB) Venture Capital groundwater to provide additional water is permitted, land use changes could be Ad Hoc Study. Briefings will be presented on for future growth of the Omaha expected in the vicinity of the wellfields Department of Defense initiatives to access metropolitan area. It is anticipated that over the next 30 years, and could also leading edge technologies and on commercial the 30-year project could impact result in impacts to the Two Rivers State business strategies for accessing leading edge wetland habitat, as well as result in Recreation Area near Venice, Nebraska. technologies. For further information, please Platte River depletions. However, the A separate agreement between the contact LTC John Anzalone, Operations Commission and MUD would allow for Research Analyst, (703) 604–7436. If you location of the Platte West site, which is situated near future growth areas, as funding for deepening the lakes in plan to attend and require an escort to the 9th mitigation for the groundwater floor conference room, please call Mr. Everett well as the quality and volume of water R. Gooch on (703) 604–7479. available at the site and the relatively reduction. low cost of the water, make the Platte Additionally, a trust fund consisting Wayne Joyner, West site the preference for MUD. of nearly $1 million will be established, Program Support Specialist, Army Science Information on the costs and if the Platte West alternative is Board. environmental impacts of the six permitted, in order to compensate for [FR Doc. 01–5561 Filed 3–6–01; 8:45 am] alternatives (which includes the no- Platte River depletions. The intent is to BILLING CODE 3710–08–M action alternative) are detailed in the use the fund to develop a backwater DEIS. area and wetland mitigation site near Currently, the water supply for the LaPlatte, Nebraska. This proposed plan DEPARTMENT OF DEFENSE Omaha metropolitan area consists of the for mitigation is being coordinated with various agencies. Department of the Army; Corps of Florence water treatment plant (67.5% Engineers of total capacity) which gets its water Dated: March 7, 2001. from the Missouri River, and the Platte Mark E. Tillotson, Availability of the Revised Draft South wellfield (25.5% of total capacity) Colonel, Corps of Engineers, District Engineer. Environmental Impact Statement for which gets water from the groundwater [FR Doc. 01–5535 Filed 3–6–01; 8:45 am] in the Platte River aquifer. The the Platte West Water Production BILLING CODE 3710–62–U Facilities, Douglas and Saunders remaining water (7% of total capacity) Counties, Nebraska comes from smaller wellfields in Millard and Elkhorn. One of the DEPARTMENT OF DEFENSE AGENCY: U.S. Army Corps of Engineers, purposes of the wellfield expansion DoD. project is to diversify the water supply Department of the Army; Corps of ACTION: Notice of availability. so Omaha is not as dependent on any Engineers one water source as the city is currently. SUMMARY: In accordance with the This diversification concept or planned Inland Waterways Users Board; National Environmental Policy Act and redundancy increases the reliability of Meeting implementing regulations, a revised the overall water supply system by Draft Environmental Impact Statement providing a back-up water supply in the AGENCY: U.S. Army Corps of Engineers, (DEIS) has been prepared to evaluate the event of an interruption of water supply DoD. environmental impacts of the or contamination of source water. ACTION: Notice of open meeting. Metropolitan Utilities District’s (MUD’s) The Corps’ role in this process is to preferred water supply expansion determine whether a Section 404 (Clean SUMMARY: In accordance with 10(a)(2) of location (Platte West) as well as other Water Act) permit should be issued, the Federal Advisory Committee Act, reasonable alternatives to that location. issued with conditions, or denied. The Public Law (92–463) announcement is The environmental impacts of each of Corps is neither a proponent nor made of the next meeting of the Inland the five action alternatives, as well as opponent of the project, but is required Waterways Users Board. The meeting the ‘‘no action’’ alternative are described through the National Environmental will be held on April 11, 2001, in New in the DEIS. Public comment on the Policy Act to disclose the impacts of the Orleans, Louisiana, at the Wyndham DEIS will be accepted by the Corps project and reasonable alternatives. Hotel New Orleans at Canal Place, 100 through April 13, 2001. A public An earlier DEIS was released for Rue Iberville (Tel. (504) 566–7006). workshop will be held from 7 p.m. to 9 public comment in February of 1999. Registration will begin at 7:30 a.m. and p.m. on Wednesday, March 21 in the Numerous public and agency comments the meeting is scheduled to adjourn at Russell Middle School cafeteria at 5304 were received at that time. In the 1 p.m. The meeting is open to the South 172nd Street, Omaha, Nebraska. process of addressing these comments, public. Any interested person may The public is invited to view displays additional reasonable alternatives were attend, appear before, or file statements related to the project and provide identified and included in the NEPA with the committee at the time and in comments to the Corps. process, which has resulted in the the manner permitted by the committee. FOR FURTHER INFORMATION CONTACT: release of a revised DEIS. The public FOR FURTHER INFORMATION CONTACT: Mr. Questions and comments regarding the may comment on the full range of Norman T. Edwards, Headquarters, U.S. DEIS can be addressed to Becky Latka, alternatives now available. MUD’s Army Corps of Engineers, CECW–PD,
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441 G Street, NW., Washington, DC Public Reference Room. This filing may independent and possibly differential 20314–1000. also be viewed on the Internet at pressures. The Loudon regulator will be SUPPLEMENTARY INFORMATION: None. http://www.ferc.fed.us/online/rims.htm located within the existing rights-of- (call 202–208–2222) for assistance. way. Gregory D. Showalter, Answers to the complaint shall also be Army Federal Register Liaison Officer. East Tennessee also proposes to due on or before March 20, 2001. increase the MAOP on a portion of Line [FR Doc. 01–5534 Filed 3–6–01; 8:45 am] Comments and protests may be filed 3107. This increased MAOP is necessary BILLING CODE 3710–92–M electronically via the internet if lieu of to provide Etowah and Loudon firm paper. See, 18 CFR 385.2001(a)(1)(iii) transportation from the Ridgetop and the instructions on the DEPARTMENT OF ENERGY interconnect with Tennessee Gas Pipe Commission’s web site at Line Company to the respective Etowah http://www.ferc.fed.us/efi/doorbell.htm. Federal Energy Regulatory and Loudon meter stations. To Commission David P. Boergers, accomplish this, East Tennessee [Docket No. OR01–5–000] Secretary. proposes to perform six road crossing [FR Doc. 01–5526 Filed 3–6–01; 8:45 am] replacements and hydrostatic test on Chevron Products Company v. BILLING CODE 6717–01–M approximately 12.85 miles of 22-inch Anschutz Ranch East Pipeline, Inc. and pipe on Line 3107 from MLV 3107–1A Express Pipeline Partnership; Notice to MLV 3108–1 and also to replace one of Complaint DEPARTMENT OF ENERGY road crossing and thereby uprate approximately 4.56 miles of 22-inch March 1, 2001. Federal Energy Regulatory pipe on Line 3107 from the discharge of Take notice that on February 28, 2001, Commission station 3107 to 3107–A. The hydrostatic Chevron Products Company (Chevron) [Docket No. CP01–92–000] testing and pipeline replacement will tendered for filing a complaint against allow East Tennessee to increase the Anschutz Ranch East Pipeline, Inc. East Tennessee Natural Gas Company; MAOP on these segments from 722 to (Anschutz) and Express Pipeline Notice of Application 766 pounds per square inch gauge Partnership (Express). (psig), respectively to 773 psig. Chevron states that it is a shipper of March 1, 2001. crude oil and sour condensate on a local Take notice that on February 23, 2001, The Gateway Project will allow East tariff filed by Anschutz for the shipment East Tennessee Natural Gas Company Tennessee to provide firm of crude petroleum and sour condensate (East Tennessee), Post Office Box 1642, transportation service for Etowah Utility originating at Frontier Station, Utah and Houston, Texas, 77251–1642, filed in Department (Etowah), Loudon Utilities Evanston Station, Wyoming and Docket No. CP01–92–000 an application Gas Department (Loudon), and Stone terminating in Kimball Junction, Utah. pursuant to Section 7(c) of the Natural Mountain Energy, LC (Stone Mountain), Chevron states that it is also a shipper Gas Act for authorization to install, collectively referred to as the Gateway of crude oil on joint tariffs published by construct, own and operate Customers. The proposed Gateway Anschutz and Express for the shipment approximately 2.23 miles of 12-inch Project will provide 1,000 dekatherms of crude petroleum between pipeline loop and appurtenant facilities (Dth/d) of capacity to Etowah, 3,000 International boundary, Canada and Salt in Washington County, Virginia; Dth/d to Loudon, and 4,000 Dth/d to Lake City, Utah. Chevron alleges that Loudon County, Tennessee; and Putnam Stone Mountain, for a total of 8,000 Dth/ the rates being charged on the Anschutz County, Tennessee. In addition, East d of FT–A transportation service local tariff and on the Anschutz portion Tennessee proposes to perform seven resulting from the proposed Gateway or division of the Anschutz/Express pipeline road crossing replacements and Project facilities. East Tennessee held an joint tariffs are unjust and unreasonable hydrostatic testing in order to increase open season from June 1, 2000, until and unduly discriminatory and unduly the maximum allowable operation June 15, 2000 for a potential expansion preferential, and, therefore, in violation pressure (MAOP) of approximately 17.5 of its system. As a result of its open of the Interstate Commerce Act. Chevron miles of existing 22-inch pipe on its season, East Tennessee has provided further maintains that the rates charged Line 3107, all as more fully set forth in precedent agreements and gas on the Express/Anschutz joint tariffs the application on file with the transportation agreements with each exceed ceiling price levels. Commission and open to public customer, for 100 percent of the Any person desiring to be heard or to inspection. The project is collectively proposed transportation service. In protest this filing should file a motion referred to as the ‘‘Gateway Project’’. addition East Tennessee has provided to intervene or protest with the Federal This filing may be viewed on the web other data indicating a growing market Energy Regulatory Commission 888 at http://www.ferc.fed.us/online/htm for natural gas in East Tennessee’s First Street, NE., Washington, DC 20426, (call 202–208–2222 for assistance). market area citing projections from in accordance with Rules 211 and 214 The proposed pipeline loop facilities NERC’s Electricity Supply and Demand of the Commission’s Rules of Practice will include approximately 2.23 miles 2000 database, among other things. and Procedure (18 CFR 385.211 and of new 12-inch pipeline extending from East Tennessee proposes to provide 385.214). All such motions or protests main line valve (MLV) 3310–02, at service to the Gateway Customers must be filed on or before March 20, milepost (MP) zero on East Tennessee’s pursuant to its existing open access Rate 2001. Protests will be considered by the 8-inch line 3300 to MP 2.23 at the Schedule FT–A. However, East Commission in determining the Saltville Storage facility interconnect. Tennessee further seeks authorization to appropriate action to be taken, but will East Tennessee proposes to install a establish an initial Section 7(c) rate for not serve to make protestants parties to regulator on the Loudon-Lenoir City the service proposed. East Tennessee the proceeding. Any person wishing to lateral at MLV 3218D–102. This states that all construction costs become a party must file a motion to regulator is required to allow gas associated with the proposed facilities intervene. Copies of this filing are on deliveries into the Loudon meter station will be paid for through the incremental file with the Commission and are 75–9039, from the north, Line 3100 and rates to be charged the Gateway available for public inspection in the the South Line 3200, operating at Customers.
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East Tennessee states that the environmental documents and will be securities and assumptions of liability Gateway Projects will be constructed on able to participate in meetings by GPI. East Tennessee’s existing pipeline right associated with the Commission’s On February 15, 2001, pursuant to of way and thus will not result in a environmental review process. delegated authority, the Director, significant adverse effect on the Commentors will not be required to Division of Corporate Applications, environment. serve copies of filed documents on all Office of Markets, Tariffs and Rates, The Gateway Customers have other parties. However, commentors granted requests for blanket approval requested that East Tennessee provide will not receive copies of all documents under part 34, subject to the following: the proposed transportation service filed by other parties or issued by the Within thirty days of the date of the during the 2001/2002 winter heating Commission and will not have the right order, any person desiring to be heard season. East Tennessee requests a to seek rehearing or appeal the or to protest the blanket approval of certificate on or before August 1, 2001 Commission’s final order to a federal issuances of securities or assumptions of in order for it to meet its November 1, court. liability by GPI should file a motion to 2001 in-service date requested by the The Commission will consider all intervene or protest with the Federal Gateway Customers. comments and concerns equally, Energy Regulatory Commission, 888 Any questions regarding the whether filed by commentors or those First Street, NE., Washington, DC 20426, application should be directed to Steven requesting intervener status. in accordance with Rules 211 and 214 E. Tillman, Director, Regulatory Affairs, Take further notice that pursuant to of the Commission’s Rules of Practice East Tennessee Natural Gas Company, the authority contained in and subject to and Procedure (18 CFR 385.211 and P.O. Box 1642, Houston, Texas, 77251, the jurisdiction conferred upon the 385.214). (713) 627–5113. Federal Energy Regulatory Commission Absent a request to be heard in Any person desiring to be heard or to by Sections 7 and 15 of the Natural Gas opposition within this period, GPI is make any protest with reference to said Act and the Commission’s Rules of authorized to issue securities and application should on or before March assume obligations or liabilities as a Practice and Procedure, a hearing will 22, 2001, file with the Federal Energy guarantor, indorser, surety, or otherwise be held without further notice before the Regulatory Commission, Washington, in respect of any security of another Commission or its designee on this DC 20426, a motion to intervene or a person; provided that such issuance or application if no motion to intervene is protest in accordance with the assumption is for some lawful object filed within the time required herein, if requirements of the Commission’s Rules within the corporate purposes of the the Commission on its own review of of Practice and Procedure (18 CFR applicant, and compatible with the the matter finds that a grant of the 385.214 or 385.211) and the Regulations public interest, and is reasonably certificate is required by the public under the Natural Gas Act (18 CFR necessary or appropriate for such convenience and necessity. If a motion 157.10). All protests filed with the purposes. Commission will be considered by it in for leave to intervene is timely filed, or The Commission reserves the right to determining the appropriate action to be if the Commission on its own motion require a further showing that neither taken but will not serve to make the believes that a formal hearing is public nor private interests will be protestants parties to the proceeding. required, further notice of such hearing adversely affected by continued Any person wishing to become a party will be duly given. approval of GPI’s issuances of securities to a proceeding or to participate as a Under the procedure herein provided or assumptions of liability. party in any hearing therein must file a for, unless otherwise advised, it will be Notice is hereby given that the motion to intervene in accordance with necessary for East Tennessee to appear deadline for filing motions to intervene the Commission’s Rules. Comments and or to be represented at the hearing. or protests, as set forth above, is March protests may be filed electronically in David P. Boergers, 19, 2001. Copies of the full text of the Order are lieu of paper. See 18 CFR Secretary. available from the Commission’s Public 385.2001(a)(1)(iii) and the instructions [FR Doc. 01–5524 Filed 3–6–01; 8:45 am] on the Commission’s website at http:// Reference Branch, 888 First Street, NE., BILLING CODE 6717–01–M ferc.fed.us/efl/doorbell.htm. Washington, DC 20426. The Order may A person obtaining intervener status also be viewed on the Internet at http:/ /www.ferc.fed.us/online/rims.htm (call will be placed on the service list DEPARTMENT OF ENERGY maintained by the Secretary of the 202–208–2222 for assistance). Commission and will receive copies of Federal Energy Regulatory David P. Boergers, all documents filed by the applicant and Commission Secretary. by every one of the interveners. An [FR Doc. 01–5521 Filed 3–6–01; 8:45 am] intervener can file for rehearing of any [Docket No. ER01–869–000] Commission order and can petition for BILLING CODE 6717–01–M court review of any such order. Geothermal Properties, Inc.; Notice of However, an intervener must submit Issuance of Order DEPARTMENT OF ENERGY copies of comments or any other filing it makes with the Commission to every March 1, 2001. Federal Energy Regulatory other intervener in the proceeding, as Geothermal Properties, Inc. (GPI) Commission well as 14 copies with the Commission. submitted for filing a rate schedule A person does not have to intervene, under which GPI will engage in [Docket No. ER01–915–000] however, in order to have comments wholesale electric power and energy GPN Pleasant Hill, LLC, GPN Pleasant considered. A person, instead, may transactions at market-based rates. GPI Hill Operating, LLC; Notice of Issuance submit two copies of comments to the also requested waiver of various of Order Secretary of the Commission. Commission regulations. In particular, Commentors will be placed on the GPI requested that the Commission March 1, 2001. Commission’s environmental mailing grant blanket approval under 18 CFR GPN Pleasant Hill Operating, LLC list, will receive copies of part 34 of all future issuances of (GPN) submitted for filing a rate
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schedule under which GPN will engage DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY in wholesale electric power and energy transactions at market-based rates. GPN Federal Energy Regulatory Federal Energy Regulatory also requested waiver of various Commission Commission Commission regulations. In particular, [Docket No. ER01–457–000 and ER01–457– GPN requested that the Commission [Docket No. EC01–56–001] 001] grant blanket approval under 18 CFR part 34 of all future issuances of Merrill Lynch Capital Services, Inc.; Naniwa Energy LLC; Notice of securities and assumptions of liability Notice of Filing Issuance of Order by GPN. March 1, 2001. March 1, 2001. On February 20, 2001, pursuant to Naniwa Energy LLC (Naniwa) delegated authority, the Director, Take notice that on February 23, 2001, submitted for filing a rate schedule Division of Corporate Applications, pursuant to Section 203 of the Federal under which Naniwa will engage in Office of Markets, Tariffs and Rates, Power Act and Part 33 of the wholesale electric power and energy granted requests for blanket approval Commission’s regulations, Merrill transactions at market-based rates. under part 34, subject to the following: Lynch Capital Services, Inc. (MLCS) Naniwa also requested waiver of various filed an Amendment to the Application Commission regulations. In particular, Within thirty days of the date of the for approval of the disposition of Naniwa requested that the Commission order, any person desiring to be heard MLCS’s jurisdictional facilities to grant blanket approval under 18 CFR or to protest the blanket approval of Allegheny Energy Global Markets, LLC part 34 of all future issuances of issuances of securities or assumptions of (Allegheny Global) and Allegheny securities and assumptions of liability liability by GPN should file a motion to Energy Supply Company, LLC by Naniwa. intervene or protest with the Federal (Allegheny Supply). The Amendment On February 15, 2001, pursuant to Energy Regulatory Commission, 888 was filed to reflect Allegheny Supply as delegated authority, the Director, First Street, NE., Washington, DC 20426, a possible recipient of some or all of Division of Corporate Applications, in accordance with Rules 211 and 214 MLCS’s wholesale electric power Office of Markets, Tariffs and Rates, of the Commission’s Rules of Practice supply agreements. granted requests for blanket approval and Procedure (18 CFR 385.211 and under Part 34, subject to the following: 385.214). Any person desiring to be heard or to Within thirty days of the date of the protest such filing should file a motion order, any person desiring to be heard Absent a request to be heard in to intervene or protest with the Federal or to protest the blanket approval of opposition within this period, GPN is Energy Regulatory Commission, 888 issuances of securities or assumptions of authorized to issue securities and First Street, NE., Washington, DC 20426, liability by Naniwa should file a motion assume obligations or liabilities as a in accordance with Rules 211 and 214 to intervene or protest with the Federal guarantor, indorser, surety, or otherwise of the Commission’s Rules of Practice Energy Regulatory Commission, 888 in respect of any security of another and Procedure (18 CFR 385.211 and First Street, NE., Washington, DC 20426, person; provided that such issuance or 385.214). All such motions and protests in accordance with Rules 211 and 214 assumption is for some lawful object should be filed on or before March 8, of the Commission’s Rules of Practice within the corporate purposes of the 2001. Protests will be considered by the and Procedure (18 CFR 385.211 and applicant, and compatible with the Commission to determine the 385.214). public interest, and is reasonably appropriate action to be taken, but will Absent a request to be heard in necessary or appropriate for such not serve to make protestants parties to opposition within this period, Naniwa purposes. the proceedings. Any person wishing to is authorized to issue securities and The Commission reserves the right to become a party must file a motion to assume obligations or liabilities as a require a further showing that neither intervene. Copies of this filing are on guarantor, indorser, surety, or otherwise in respect of any security of another public nor private interests will be file with the Commission and are person; provided that such issuance or adversely affected by continued available for public inspection. This assumption is for some lawful object approval of GPN’s issuances of filing may also be viewed on the within the corporate purposes of the securities or assumptions of liability. Internet at http://www.ferc.fed.us/ applicant, and compatible with the Notice is hereby given that the online/rims.htm (call 202–208–2222 for public interest, and is reasonably deadline for filing motions to intervene assistance). Comments and protests may necessary or appropriate for such or protests, as set forth above, is March be filed electronically via the internet in purposes. 22, 2001. lieu of paper. See, 18 CFR The Commission reserves the right to 385.2001(a)(1)(iii) and the instructions Copies of the full text of the Order are require a further showing that neither on the Commission’s web site at http:/ available from the Commission’s Public public nor private interests will be /www.ferc.fed.us/efi/doorbell.htm. adversely affected by continued Reference Branch, 888 First Street, NE., approval of Naniwa’s issuances of Washington, DC 20426. The Order may David P. Boergers, securities or assumptions of liability. also be viewed on the Internet at http:/ Secretary. Notice is hereby given that the /www.ferc.fed.us/online/rims.htm (call [FR Doc. 01–5525 Filed 3–6–01; 8:45 am] deadline for filing motions to intervene 202–208–2222 for assistance). BILLING CODE 6717–01–M or protests, as set forth above, is March David P. Boergers, 19, 2001. Copies of the full text of the Order are Secretary. available from the Commission’s Public [FR Doc. 01–5522 Filed 3–6–01; 8:45 am] Reference Branch, 888 First Street, NE., BILLING CODE 6717–01–M Washington, DC 20426. The Order may also be viewed on the Internet at http:/
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/www.ferc.fed.us/online/rims.htm (call Notice is hereby given that the public interest, and is reasonably 202–208–2222 for assistance). deadline for filing motions to intervene necessary or appropriate for such or protests, as set forth above, is March purposes. David P. Boergers, 22, 2001. The Commission reserves the right to Secretary. Copies of the full text of the Order are require a further showing that neither [FR Doc. 01–5520 Filed 3–6–01; 8:45 am] available from the Commission’s Public public nor private interests will be BILLING CODE 6717–01–M Reference Branch, 888 First Street, NE, adversely affected by continued Washington, DC 20426. The Order may approval of Tiger’s issuances of also be viewed on the Internet at http:/ securities or assumptions of liability. DEPARTMENT OF ENERGY /www.ferc.fed.us/online/rims.htm (call Notice is hereby given that the deadline for filing motions to intervene Federal Energy Regulatory 202–208–2222 for assistance). or protests, as set forth above, is March Commission David P. Boergers, 19, 2001. Secretary. Copies of the full text of the Order are [Docket No. ER01–1044–000] [FR Doc. 01–5519 Filed 3–6–01; 8:45 am] available from the Commission’s Public BILLING CODE 6717–01–M Reference Branch, 888 First Street, NE., Riverside Generating Company, L.C.C.; Washington, DC 20426. The Order may Notice of Issuance of Order also be viewed on the Internet at http:/ DEPARTMENT OF ENERGY March 1, 2001. /www.ferc.fed.us/online/rims.htm (call 202–208–2222 for assistance). Riverside Generating Company, L.L.C. Federal Energy Regulatory (Riverside) submitted for filing a rate Commission David P. Boergers, schedule under which Riverside will [Docket No. ER01–373–000 and ER01–373– Secretary. engage in wholesale electric power and [FR Doc. 01–5523 Filed 3–6–01; 8:45 am] energy transactions at market-based 001] BILLING CODE 6717–01–M rates. Riverside also requested waiver of Tiger Natural Gas, Inc.; Notice of various Commission regulations. In Issuance of Order particular, Riverside requested that the DEPARTMENT OF ENERGY Commission grant blanket approval March 1, 2001. under 18 CFR Part 34 of all future Tiger Natural Gas, Inc. (Tiger) Federal Energy Regulatory issuances of securities and assumptions submitted for filing a rate schedule Commission of liability by Riverside. under which Tiger will engage in [Docket No. RP98–52–040] On February 20, 2001, pursuant to wholesale electric power and energy delegated authority, the Director, transactions at market-based rates. Tiger Williams Gas Pipelines Central, Inc.; Division of Corporate Applications, also requested waiver of various Notice of Settlement Agreement Office of Markets, Tariffs and Rates, Commission regulations. In particular, granted requests for blanket approval Tiger requested that the Commission March 1, 2001. under Part 34, subject to the following: grant blanket approval under 18 CFR Take notice that on February 23, 2001, Within thirty days of the date of the part 34 of all future issuances of Williams Gas Pipelines Central, Inc., order, any person desiring to be heard securities and assumptions of liability Ash Grove Cement, Atmos Energy or to protest the blanket approval of by Tiger. Corporation, Farmland Industries, Inc., issuances of securities or assumptions of On February 15, 2001, pursuant to FMC Corporation, Heartland Cement, liability by Riverside should file a delegated authority, the Director, Kansas Gas Service Company, a motion to intervene or protest with the Division of Corporate Applications, Division of ONEOK, Inc., the Kansas Federal Energy Regulatory Commission, Office of Markets, Tariffs and Rates, Corporation Commission (KCC), Kansas 888 First Street, NE, Washington, DC granted requests for blanket approval Industrial Energy Supply Company, 20426, in accordance with Rules 211 under part 34, subject to the following: Lone Star Industries, Inc., Amoco and 214 of the Commission’s Rules of Within thirty days of the date of the Production Company, Pioneer Natural Practice and Procedure (18 CFR 385.211 order, any person desiring to be heard Resources USA, Inc., Mobil Oil and 385.214). or to protest the blanket approval of Corporation, OXY USA Inc., and Union Absent a request to be heard in issuances of securities or assumptions of Pacific Resources Company, collectively opposition within this period, Riverside liability by Tiger should file a motion to Sponsoring Parties, filed a Settlement is authorized to issue securities and intervene or protest with the Federal Agreement (Settlement) under Rule 602 assume obligations of liabilities as a Energy Regulatory Commission, 888 of the Commission’s Rules of Practice guarantor, indorser, surety, or otherwise First Street, NE., Washington, DC 20426, and Procedure in the captioned docket. in respect of any security of another in accordance with Rules 211 and 214 A copy of the Settlement is available for person; provided that such issuance or of the Commission’s Rules of Practice public inspection in the Commission’s assumption is for some lawful object and Procedure (18 CFR 385.211 and Public Reference Room and may be within the corporate purposes of the 385.214). viewed on the web at http:// applicant, and compatible with the Absent a request to be heard in www.ferc.fed.us/online/rims.htm (call public interest, and is reasonably opposition within this period, Tiger is 202–208–2222 for assistance). necessary or appropriate for such authorized to issue securities and Sponoring Parties state the purpose of purposes. assume obligations or liabilities as a the voluntary Settlement is to facilitate The Commission reserves the right to guarantor, indorser, surety, or otherwise the partial resolution of complicated require a further showing that neither in respect of any security of another claims and mitigate administrative public nor private interests will be person; provided that such issuance or burdens relating to refunds asserted to adversely affected by continued assumption is for some lawful object be due as a result of the collection of approval of Riverside’s issuances of within the corporate purposes of the Kansas ad valorem tax reimbursements securities or assumptions of liability. applicant, and compatible with the in excess of maximum lawful prices
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under the Natural Gas Policy Act. Utilities Cooperative Finance UI requests an effective date for the Sponsoring Parties also assert the Corporation in an amount not to exceed service agreement of January 25, 2001. Settlement, together with a Stipulated $8.8 million. Comment date: March 16, 2001, in Settlement to be filed with the KCC, will Kandiyohi also requests a waiver from accordance with Standard Paragraph E resolve any issues between the Settling the Commission’s competitive bidding at the end of this notice. and negotiated placement requirements Parties but will not impact the claims of 6. Westar Generating, Inc. other parties. In addition, Sponsoring at 18 CFR 34.2. Parties state the Settlement will resolve Comment date: March 21, 2001, in [Docket No. ER01–1305–000] all claims except those related to accordance with Standard Paragraph E Take notice that on February 23, 2001, refunds due to Missouri jurisdictional at the end of this notice. Westar Generating, Inc. (Westar), customers and is supported by all active 3. Linasa Cogeneracion y Asociados, tendered for filing proposed cost-based parties in Kansas, Oklahoma, Texas, S.L. rates for sales to Western Resources, Nebraska and Colorado. Inc., from Westar’s 40 percent Comments on the Settlement [Docket No. EG01–134–000] ownership share in the new State Line Agreement are due by March 15, 2001; Take notice that on February 23, 2001, Combined Cycle Station presently under reply comments are due on March 22, Linasa Cogeneracion y Asociados, S.L. construction by The Empire District 2001. Comments and protests may be (LICA) filed with the Federal Energy Electric Company (Empire) at the site of filed electronically via the internet in Regulatory Commission (Commission) Empire’s existing State Line Plant lieu of paper. See, 18 CFR an application for determination of located in Jasper County, Missouri. 385.2001(a)(1)(iii) and the instructions exempt wholesale generator status Westar asks that the Commission on the Commission’s web site at http:/ pursuant to Part 365 of the permit the rates to become effective /www.ferc.fed.us/efi/doorbell.htm. Commission’s regulations. March 19, 2001, the date the facility is LICA owns a 15 MW eligible facility expected to begin operational testing. David P. Boergers, located in Las Torres de Cotillas, Westar states that it has served copies Secretary. Murcia, Spain. LICA states that it is of its filing on the Kansas Corporation [FR Doc. 01–5531 Filed 3–6–01; 8:45 am] engaged directly and exclusively in the Commission and Western Resources. BILLING CODE 6717–01–M business of owning and/or operating all Comment date: March 16, 2001, in or part of an eligible facility (as defined accordance with Standard Paragraph E in Section 32(a)(1) of the Public Utility at the end of this notice. DEPARTMENT OF ENERGY Holding Company Act); selling 7. Cargill-Alliant, LLC electricity at wholesale to Industria Federal Energy Regulatory Jabonera LINA, S.A., the cogeneration [Docket No. ER01–1306–000] Commission host, and at wholesale to the local Take notice that on February 23, 2001, [Docket No. ER01–1320–000, et al.] distribution utility, IBERDROLA, a Cargill-Alliant, LLC tendered for filing publicly held Spanish corporation an application for authorization to make Central Maine Power Company, et al.; operating under the laws of Spain; and, market-rate power sales to its affiliated Electric Rate and Corporate Regulation possibly, selling electricity at retail to public utilities. Filings customers none of which will be located Comment date: March 16, 2001, in within the United States. accordance with Standard Paragraph E February 28, 2001. Comment date: March 21, 2001, in at the end of this notice. Take notice that the following filings accordance with Standard Paragraph E have been made with the Commission: at the end of this notice. The 8. DPL Energy 1. Central Maine Power Company commission will limit its consideration [Docket No. ER01–1307–000] of comments to those that concern the Take notice that on February 23, 2001, [Docket No. ER01–1320–000] adequacy or accuracy of the application. DPL Energy (DPLE), tendered for filing Take notice that on February 23, 2001, 4. Puget Sound Energy, Inc. a long-term transaction agreement with Central Maine Power Company (CMP) The Dayton Power and Light Company. tendered for filing a service agreement [Docket No. ER01–1319–000] Comment date: March 16, 2001, in for Non-firm Local Point-to-Point Take notice that on February 23, 2001, accordance with Standard Paragraph E Transmission Service entered into with Puget Sound Energy, Inc., tendered for at the end of this notice. Select Energy, Inc. Service will be filing a Netting Agreement with 9. New England Power Pool provided pursuant to CMP’s Open California Department of Water Access Transmission Tariff, designated Resources (CDWR). [Docket No. ER01–1308–000] rate schedule CMP–FERC Electric Tariff, A copy of the filing was served upon Take notice that on February 23, 2001, Fifth Revised Volume No. 3, Original CDWR. the New England Power Pool (NEPOOL) Service Agreement No. 119. Comment date: March 16, 2001, in Participants Committee hereby files for Comment date: March 16, 2001, in accordance with Standard Paragraph E acceptance materials to terminate the accordance with Standard Paragraph E at the end of this notice. status of Utility.com, Inc., as a NEPOOL at the end of this notice. 5. The United Illuminating Company Participant. 2. Kandiyohi Power Cooperative The Participants Committee seeks an [Docket No. ER01–1318–000] effective date of the earlier of a [Docket No. ES01–21–000] Take notice that on February 23, 2001, Commission order accepting the filing, Take notice that on February 22, 2001, The United Illuminating Company (UI) or April 24, 2001, sixty days after the Kandiyohi Power Cooperative tendered for filing Service Agreement filing. (Kandiyohi) submitted an application No. 21 under UI’s FERC Electric Tariff, The Participants Committee states pursuant to section 204 of the Federal Second Revised Volume No. 4, a non- that copies of these materials were sent Power Act requesting authorization to firm point-to-point transmission service to the New England state governors and make long-term borrowings under a loan agreement between UI and H.Q. Energy regulatory commissions and the agreement with the National Rural Services (U.S.) Inc. Participants in NEPOOL.
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Comment date: March 16, 2001, in 13. AES Ironwood, L.L.C. 16. Delmarva Power & Light Company, accordance with Standard Paragraph E [Docket No. ER01–1315–000] Conectiv Delmarva Generation, Inc., at the end of this notice. Atlantic City Electric Company, Take notice that on February 23, 2001, Conectiv Atlantic Generation, LLC, 10. New England Power Pool AES Ironwood, L.L.C., petitions the Conectiv Energy Supply, Inc. [Docket No. ER01–1309–000] Commission for acceptance of AES Ironwood, L.L.C. Rate Schedule FERC [Docket Nos. ER00–3322–003 and ER00– Take notice that on February 23, 2001, 1770–003] No. 1, the granting of certain blanket the New England Power Pool approvals, including authority to sell Take notice that on February 23, 2001, (NEPOOL), tendered a filing reflecting capacity, energy and ancillary services Conectiv tendered for filing a approval by the NEPOOL Participants of at wholesale at market-based rates, and compliance filing in the above- rate treatment for certain actual costs of the waiver of certain Commission captioned proceeding on behalf of its the Vermont Electric Power Company Regulations. subsidiaries Delmarva Power & Light (VELCO) incurred in the period January Company (Delmarva), Conectiv 1, 2001 through February 28, 2001 with Comment date: March 16, 2001, in Delmarva Generation, Inc. (CDG), respect to the deployment on an interim accordance with Standard Paragraph E Atlantic City Electric Company basis a generating unit to operate at the end of this notice. (Atlantic), Conectiv Atlantic Generation, primarily as a synchronous condenser to 14. PacifiCorp LLC (CAG) and Conectiv Energy Supply, enhance system reliability in light of the Inc. (CESI). failure of a phase angle regulator, and [Docket No. ER01–1316–000] Copies of the filing were served upon for certain actual costs of VELCO Take notice that on February 23, 2001, Delmarva’s wholesale requirements incurred with respect to the repair of PacifiCorp, tendered for filing in customers, the Maryland Public Service that phase angle regulator. accordance with 18 CFR 35 of the Commission, Delaware Public Service A January 1, 2001 effective date has Commission’s Rules and Regulations, Commission, New Jersey Public Service been requested. Umbrella Service Agreements for Short- Commission, the Virginia State The Participants Committee states Term Firm and Non-Firm Transmission Corporation Commission and other that copies of these materials were sent Service with Pacific Northwest persons shown on the list of recipients to the New England state governors and Generating Cooperative (PNGC) under with this filing. regulatory commissions and the PacifiCorp’s FERC Electric Tariff, Comment date: March 16, 2001, in Participants in NEPOOL. Second Revised Volume No. 11 (Tariff). accordance with Standard Paragraph E at the end of this notice. Comment date: March 16, 2001, in Copies of this filing were supplied to accordance with Standard Paragraph E the Washington Utilities and 17. Public Service Company of New at the end of this notice. Transportation Commission and the Mexico 11. Xcel Energy Services Inc. Public Utility Commission of Oregon. [Docket No. ER01–615–001] [Docket No. ER01–1311–000] Comment date: March 16, 2001, in Take notice that on February 23, 2001, accordance with Standard Paragraph E Public Service Company of New Mexico Take notice that on February 23, 2001, at the end of this notice. (PNM), tendered for filing Substitute Xcel Energy Services Inc., on behalf of Second Revised Sheet No. 2 to its FERC Public Service Company of Colorado 15. Allegheny Energy Service Electric Tariff, Original Volume No. 3. (PSCo), tendered for filing a Power Corporation on behalf of Allegheny PNM states that the filing revises Supply Agreement (Agreement) between Energy Supply Company, LLC Section 4 of its market-based sales tariff PSCo and Cheyenne Light, Fuel and [Docket No. ER01–1317–000] in compliance with the Commission’s Power Company (Cheyenne). Pursuant January 24, 2001 order in Docket Nos. to the Agreement, PSCo will supply Take notice that on February 23, 2001, ER01–592–000 and ER01–615–000, Cheyenne partial requirements service Allegheny Energy Service Corporation Western Resources, Inc. and Public until the end of 2001. on behalf of Allegheny Energy Supply Service Company of New Mexico, 94 Xcel Services requests that the Company, LLC (Allegheny Energy Supply), tendered for filing Service FERC 61,050 (2001). Agreement be made effective on Comment date: March 16, 2001, in February 25, 2001, the day after the Agreement No. 110 to add one (1) new Customer to the Market Rate Tariff accordance with Standard Paragraph E termination of Cheyenne’s existing at the end of this notice. partial requirements contract. under which Allegheny Energy Supply offers generation services. Comment date: March 16, 2001, in 18. Western Resources, Inc. accordance with Standard Paragraph E Allegheny Energy Supply requests a [Docket No. ER01–592–001] at the end of this notice. waiver of notice requirements for an effective date of January 26, 2001 for Take notice that on February 23, 2001, 12. Entergy Services, Inc. Minnesota Power Energy Exchange. Western Resources, Inc. (WR), tendered for filing Substitute Second Revised [Docket No. ER01–1314–000] Copies of the filing have been Sheet No. 1 to its FERC Electric Tariff, Take notice that on February 23, 2001, provided to the Public Utilities Original Volume No. 1. WR states that Entergy Services, Inc., on behalf of the Commission of Ohio, the Pennsylvania the filing revises Section 4 of its market- Entergy Operating Companies, tendered Public Utility Commission, the based sales tariff in compliance with the for filing a Network Integration Maryland Public Service Commission, Commission’s January 24, 2001 order in Transmission Service Agreement with the Virginia State Corporation Docket Nos. ER01–592–000 and ER01– Entergy Power Marketing Corp. (EPMC), Commission, the West Virginia Public 615–000, Western Resources, Inc. and and a Network Operating Agreement Service Commission, and all parties of Public Service Company of New with EPMC. record. Mexico, 94 FERC 61,050 (2001). Comment date: March 16, 2001, in Comment date: March 16, 2001, in Comment date: March 16, 2001, in accordance with Standard Paragraph E accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. at the end of this notice.
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19. Ameren Energy, Inc. of these filings are on file with the project. Further, if an intervener files [Docket No. ER01–466–001] Commission and are available for public comments or documents with the inspection. This filing may also be Commission relating to the merits of an Take notice that on February 23, 2001, viewed on the Internet at http:// issue that may affect the responsibilities Ameren Energy, Inc. (Ameren Energy), www.ferc.fed.us/online/rims.htm (call of a particular resource agency, they tendered for filing a compliance filing 202–208–2222 for assistance). must also serve a copy of the document required by the Commission’s January 9, on that resource agency. 2001 Order in Docket No. ER01–466– David P. Boergers, k. This application is not ready for 000. Secretary. environmental analysis at this time. Comment date: March 16, 2001, in [FR Doc. 01–5488 Filed 3–6–01; 8:45 am] l. Description of the Project: The accordance with Standard Paragraph E BILLING CODE 6717–01–P proposed project would consist of the at the end of this notice. following existing facilities: (1) a 10- 20. New York Independent System foot-high, 660-foot-long, rubble masonry Operator, Inc. DEPARTMENT OF ENERGY dam having an ungated 410-foot-long spillway; (2) a 1-mile-long, reservoir [Docket Nos. ER99–4235–004, ER00–798–004 Federal Energy Regulatory with a surface area of 35 acres, and no and ER01–461–002] Commission appreciable storage at normal pool Take notice that on February 23, 2001, elevation, 672.3 feet mean sea level; (3) Notice of Application Accepted for the New York Independent System a 900-foot-long, 100 to 150-foot-wide Filing and Soliciting Motions To Operator, Inc. (NYISO) tendered for tailrace, separated from the main river Intervene and Protests filing substitute sheets to its Market channel by a 200-foot-long, concrete Administration and Control Area March 1, 2001. retaining wall and a mid-channel island; Services Tariff in the above-captioned Take notice that the following and (4) a 60-foot-long by 39-foot-wide dockets. The filing corrects an hydroelectric application has been filed brick utility building, which would inadvertent error in a previous filing. with the Commission and is available contain the project’s transformers. The NYISO has requested an effective for public inspection. The site’s 146-foot-long by 36-foot- date of January 2, 2001 for the filing, a. Type of Application: Original wide powerhouse, located at the and has requested waiver of the Minor License. northeast and of the dam, was a stone Commission’s notice requirements. b. Project No.: 11855–000. masonry and wood structure, which The NYISO has requested waiver of c. Date Filed: July 24, 2000; contained 6 vertical Francis-type the Commission’s service requirements. supplemented on February 14, 2001. turbines directly connected to 6 The documents are available for d. Applicant: JLH Hydro, generators having a total installed download from the NYISO’s website at Incorporated. capacity of 1,411 kilowatts. On February www.nyiso.com. Copies will be e. Name of Project: Idols 8, 1998, a major fire destroyed the provided upon request. Hydroelectric Project. powerhouse’s generators and electrical Comment date: March 16, 2001, in f. Location: On the Yadkin River near equipment as well as its wooden roof, accordance with Standard Paragraph E the town of Clemmons in Davie and walls, and floor. at the end of this notice. Forsyth counties, North Carolina. The The applicant proposes: (1) to use the 21. Kentucky Utilities Company project would not utilize federal lands. project’s existing dam, water intake g. Filed Pursuant to: Federal Power structures, wicket gates, and turbines; [Docket No. ER01–1334–000] Act, 16 U.S.C. §§ 791(a)–825(r). (2) to reconstruct the powerhouse with Take notice that on February 23, 2001, h. Applicant Contact: James L. a steel roof and red concrete block Kentucky Utilities Company (KU), Horton, President, JLH Hydro, Inc. at walls; (3) to install 6 generators having tendered for filing revisions to existing 1800 Statesville Blvd., Salisbury, NC a combined capacity of 1,440 kilowatts contracts between KU and its wholesale 28144. Telephone 704–638–0506. in the restored powerhouse structure; requirements customers. i. FERC Contact: Jim Haimes, (4) to install 3 dry-type transformers in KU requests an effective date of [email protected]; (202) 219– the utility building; (5) to improve the January 1, 2001 for these contracts. 2780. existing canoe take-out, portage trail, Comment date: March 16, 2001, in j. Deadline for filing motions to and put-in area around the dam’s west accordance with Standard Paragraph E intervene and protest: 60 days from the side; and (6) to operate the project in a at the end of this notice. issuance date of this notice. run-of-river mode to produce an average Standard Paragraphs: All documents (original and eight of 5,866,000 kilowatt-hours of electricity E. Any person desiring to be heard or copies) should be filed with: David P. per year. to protest such filing should file a Boergers, Secretary, Federal Energy m. A copy of the application is motion to intervene or protest with the Regulatory Commission, 888 First available for inspection and Federal Energy Regulatory Commission, Street, NE, Washington, DC 20426. reproduction at the Commission’s 888 First Street, NE, Washington, DC Comments and protests may be filed Public Reference Room, Room 2A, 20426, in accordance with Rules 211 electronically via the internet in lieu of located at 888 First Street, NE, and 214 of the Commission’s Rules of paper. See, 18 CFR 385.2001(a)(1)(iii) Washington, D.C. 20426, or by calling Practice and Procedure (18 CFR 385.211 and the instructions on the (202) 208–1371. The application may be and 385.214). All such motions or Commission’s web site at http:// viewed on the web at http:// protests should be filed on or before the www.ferc.fed.us/efi/doorbell.htm. www.ferc.fed.us/online/rims.htm (call comment date. Protests will be The Commission’s Rules of Practice (202) 208–2222 for assistance). A copy considered by the Commission in and Procedure require all persons and is also available for inspection and determining the appropriate action to be entities filing requests to intervene in reproduction at the address in item h, taken, but will not serve to make the subject proceeding to serve a copy above. protestants parties to the proceeding. of each document they file with the n. Anyone may submit a protest or a Any person wishing to become a party Commission on each person on the motion to intervene in accordance with must file a motion to intervene. Copies official service list for the subject the requirements of Rules of Practice
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and Procedure, 18 CFR 385.210, i. FERC Contact: Any questions on Commission’s Rules may become a 385.211, and 385.214. In determining this notice should be addressed to Mr. party to the proceeding. Any comments, the appropriate action to take, the Mohamad Fayyad (202) 219–2665 or by protests, or motions to intervene must Commission will consider all protests e-mail at [email protected]. be received on or before the specified filed, but only those who file a motion j. Deadline for filing comments and/ comment date for the particular to intervene in accordance with the or motions: March 23, 2001. application. Commission’s Rules may become a All documents (original and eight o. Filing and Service of Responsive party to the proceeding. Any protests or copies) should be filed with: David P. Documents—Any filings must bear in motions to intervene must be received Boergers, Secretary, Federal Energy all capital letters the title on or before the specified deadline date Regulatory Commission, 888 First ‘‘COMMENTS’’, for the particular application. Street, NE., Washington, DC 20426. ‘‘RECOMMENDATIONS FOR TERMS o. All filings must: (1) Bear in all Comments and protests may be filed AND CONDITIONS’’, ‘‘PROTESTS’’, OR capital letters the title ‘‘PROTEST’’ or electronically via the Internet in lieu of ‘‘MOTION TO INTERVENE’’, as ‘‘MOTION TO INTERVENE;’’ (2) set paper. See, 18 CFR 385.2001(a)(1)(iii) applicable, and the Project Number of forth in the heading the name of the and the instructions on the the particular application to which the applicant and the project number of the Commission’s web site at http:// filing refers. A copy of any motion to application to which the filing www.ferc.fed.us/efi/doorell.htm. intervene must also be served upon each responds; (3) furnish the name, address, Please include the project number representative of the Applicant and telephone number of the person (2030–033) on any comments or specified in the particular application. motions filed. protesting or intervening; and (4) p. Agency Comments—Federal, state, k. Description of Filing: PGE proposes otherwise comply with the requirements and local agencies are invited to file to replace the runners on two of the of 18 CFR 385.2001 through 385.2005. comments on the described application. Agencies may obtain copies of the three turbines at the Round Butte Development of the project. The A copy of the application may be application directly from the applicant. obtained by agencies directly from the A copy of any protest or motion to proposed new runners will have a maximum hydraulic capacity of 4,700 Applicant. If any agency does not file intervene must be served upon the cfs at 345 ft net head, which represents comments within the time specified for representative of the applicant specified an approximate 3% increase in the filing comments, it will be presumed to in item h, above. maximum hydraulic capacity of the have no comments. One copy of an David P. Boergers, turbines. The existing turbines are agency’s comments must also be sent to the Applicant’s representatives. Secretary. operated in their high efficiency range [FR Doc. 01–5527 Filed 3–6–01; 8:45 am] and the upgrade units would be David P. Boergers, BILLING CODE 6717–01–M operated in a similar manner. The Secretary. capacity of the Round Butte [FR Doc. 01–5528 Filed 3–6–01; 8:45 am] Development would not change because BILLING CODE 6717–01–M DEPARTMENT OF ENERGY it is limited by the generator capacity. Installation of new runners would Federal Energy Regulatory provide increased flexibility in system DEPARTMENT OF ENERGY Commission load following and spinning reserve capability, and could alleviate some of Federal Energy Regulatory Notice of Application for Amendment the shortages in energy currently being Commission of License and Soliciting Comments, experienced in that part of the Nation. Motions To Intervene, and Protests l. Locations of the Application: A Notice of Amendment of License and Soliciting Comments, Motions To March 1, 2001. copy of the application is available for Intervene, and Protests Take notice that the following inspection and reproduction at the Commission’s Public Reference Room, hydroelectric application has been filed March 1, 2001. with the Commission and is available located at 888 First Street, NE, Room 2A, Washington, DC 20426, or by calling Take notice that the following for public inspection. hydroelectric application has been filed a. Application Type: Application to (202) 208–1371. This filing may be viewed on http://www.ferc.fed.us/ with the Commission and is available Amend License for the Round Butte & for public inspection: Pelton Project. online/rims.htm [call (202) 208–2222 for assistance]. A copy is also available for a: Application Type: Amendment of b. Project No: 2030–033. License. c. Date Filed: February 20, 2001. inspection and reproduction at the d. Applicant: Portland General address in item h above. b: Project No.: 8864–016. Electric Company (PGE). m. Individuals desiring to be included d: Applicant: Calligan Hydro, Inc. e. Name of Project: Round Butte & on the Commission’s mailing list should e: Name of Project: Calligan Creek Pelton Project. so indicate by writing to the Secretary Hydroelectric Project. f. Location: The project is located on of the Commission. f: Location: The Calligan Creek the Deschutes River in Jefferson County, n. Comments, Protests, or Motions to Hydroelectric Project will be sited on Oregon, in part on federal lands, Intervene—Anyone may submit Calligan Creek within the Snoqualmie including tribal lands within the Warm comments, a protest, or a motion to River Basin of King County, Springs Indian Reservation. intervene in accordance with the Washington. No federal lands would be g. Filed Pursuant to: Federal Power requirements of Rules of Practice and affected. Act, 16 U.S.C. § 791(a)–825(r). Procedure, 18 CFR 385.210, .211, .214. g. Filed Pursuant to: Federal Power h. Applicant Contact: Julie Keil, In determining the appropriate action to Act, 16 U.S.C. 791(a)–825(r). Director, Hydro Licensing, Portland take, the Commission will consider all h: Applicant Contact: Cheryl Krueger, General Electric Company, 121 SW protests or other comments filed, but Hancock Hydro, Inc., 19515 North Creek Salmon Street, 3WTC–BRHL, Portland, only those who file a motion to Parkway, Suite 310, Bothell, WA 98011; OR 97204, (503) 464–8864. intervene in accordance with the (425) 487–6541.
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i. FERC Contact: Questions about this first 2,000 feet of the penstock to a DEPARTMENT OF ENERGY notice can be answered by Kenneth depth of about 100 feet to eliminate the Hogan at (202) 208–0434 or e-mail need for the approved siphon; and Federal Energy Regulatory address: [email protected]. change the current tailrace design from Commission The Commission cannot accept a 140-foot-long buried pipe to an Notice of Application Ready for comments, recommendations, motions approximately 100-foot-long open Environmental Analysis and Soliciting to intervene or protests sent by e-mail; channel. these documents must be filed as Comments, Recommendations, Terms described below. l. A copy of the application is and Conditions, and Prescriptions j. Deadline for filing comments, terms available for inspection and March 1, 2001. and conditions, motions to intervene, reproduction at the Commission’s and protests: 30 days from the issuance Public Reference Room at 888 First Take notice that the following date of this notice. Street NE, Room 2A, Washington, DC hydroelectric application has been filed All documents (original and eight 20426, or by calling (202) 208–1371. with the Commission and is available copies) should be filed with: David P. The application may be viewed on the for public inspection. Boergers, Secretary, Federal Energy web at http://www.ferc.fed.us/online/ a. Type of Application: Subsequent Regulatory Commission, 888 First rims.htm. Call (202) 208–2222 for License. Street, NE, Washington, DC 20426. assistance. A copy is also available for b. Project No.: 2103–002. c. Date filed: June 29, 2000. Comments and protests may be filed inspection and reproduction at the d. Applicant: Cominco American electronically via the internet in lieu of address in item (h) above. paper. See 18 CFR 385.2001(a)(1)(iii) Incorporated. m. Individuals desiring to be included and the instructions on the e. Name of Project: Cedar Creek. on the Commission’s mailing list should Commission’s web site at http:// f. Location: On Cedar Creek, near the www.ferc.fed.us/efi/doorbell.htm. so indicate by writing to the Secretary City of Northport, in Stevens County, The Commission’s Rules of Practice of the Commission. Washington. 2.058 acres within the and Procedure require all intervenors Anyone may submit comments, a project boundary are Federal Lands filing documents with the Commission protest, or a motion to intervene in managed by the Bureau of Land to serve a copy of that document on accordance with the requirements of Management. each person whose name appears on the Rules of Practice and Procedure, 18 CFR g. Filed Pursuant to: Federal Power official service list for the project. 385.210, .211, .214. In determining the Act 16 U.S.C. 791 (a)–825(r). Further, if an intervenor files comments appropriate action to take, the h. Applicant Contact: Nan A. Nalder, Acres International Corp., 150 or documents with the Commission Commission will consider all protests or Nickerson St., Suite 310, Seattle, WA relating to the merits of an issue that other comments filed, but only those 98109–1634. may affect the responsibilities of a who file a motion to intervene in particular resource agency, they must i. FERC Contact: Kenneth J. Hogan, accordance with the Commission’s [email protected], (202) 208– also serve a copy of the document on Rules may become a party to the that resource agency. 0343. proceeding. Any comments, protests, or k. Calligan Creek Hydro Inc., has j. Deadline for filing comments, applied for license amendment to the motions to intervene must be received recommendations, terms and Calligan Creek Hydroelectric Project. on or before the specified comment date conditions, and prescriptions: 60 days The current license for the project was for the particular application. from the issuance of this notice. issued on May 13, 1993. An order Any filings must bear in all capital All documents (original and eight amending the license was issued on letters the title ‘‘COMMENTS,’’ copies) should be filed with: David P. June 2, 1994, approving the change from ‘‘RECOMMENDATIONS FOR TERMS Boergers, Secretry, Federal Energy an overhead transmission line to a AND CONDITIONS,’’ ‘‘PROTEST,’’ or Regulatory Commission, 888 First buried one. On April 10, 1995, the ‘‘MOTION TO INTERVENE,’’ as Street, NE, Washington, DC 20426. Commission issued an order granting an applicable, and the Project Number of Comments and protests may be filed extension of time for the construction of the particular application to which the electronically via the internet in lieu of the project commencement date of May filing refers. A copy of any motion to paper. See, 18 CFR 385.2001(a)(1)(iii) 13, 1997 and construction completion intervene must also be served upon each and the instructions on the on May 13, 1999. On March 24, 1999, representative of the Applicant Commission’s web site at http:// the Commission issued another order specified in the particular application. www.ferc.fed.us/efi/doorbell.htm. extending the date for the projects The Commission’s Rules of Practice construction commencement and Federal, state, local agencies are require all interveners filing documents construction completion to May 13, invited to file comments on the with the Commission to serve a copy of 2001 and May 13, 2003, respectively. No described application. A copy of the that document on each person on the project facilities have been constructed application may be obtained by agencies official service list for the project. to date. directly from the applicant. If an agency Further, if an intervener files comments The licensee has requested an does not file comments within the time or documents with the Commission amendment to change the project specified for filing comments, it will be relating to the merits of an issue that capacity from 5.4 MW to 7.4 MW with presumed to have no comments. One may affect the responsibilities of a a 36 percent increase in hydraulic copy of an agency’s comments must also particular resource agency, they must capacity to allow maximum power be sent to the Applicant’s also serve a copy of the document on production during high flows; modify representatives. that resource agency. the intake and diversion structures to k. This application has been accepted, accommodate the increased flow needed David P. Boergers, and is ready for environmental analysis to support the increased generation Secretary. at this time. capacity, including an increase of [FR Doc. 01–5529 Filed 3–6–01; 8:45 am] l. The project consists of 2.4 acres of surface area to the fish screens; bury the BILLING CODE 6717–01–M U.S. land which is periodically
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inundated by operation of the Waneta accordance with 18 CFR 4.34(b), and each person whose name appears on the Project located in British Columbia, 385.2010. official service list for the project. Further, if an intervenor files comments Canada. The U.S. Bureau of Land David P. Boergers, Management (BLM) manages 2.058 acres or documents with the Commission Secretary. of land within the project. The project relating to the merits of an issue that [FR Doc. 01–5530 Filed 3–6–01; 8:45 am] boundary also includes a 60-foot may affect the responsibilities of a Boundary Reserve designated by the BILLING CODE 6717–01–M particular resource agency, they must International Joint Commission (0.298 also serve a copy of the document on that resource agency. acres). The remaining project area of DEPARTMENT OF ENERGY 0.044 acres is privately owned. k. Hancock Creek Hydro Inc., has applied for license amendment to the m. A copy of the application is Federal Energy Regulatory Commission Hancock Creek Hydroelectric Project. available for inspection and The current license for the project was reproduction at the Commission’s Notice of Amendment of License and issued on June 23, 1993. On April 25, Public Reference Room, located at 888 Soliciting Comments, Motions To 1995, the Commission issued an order First Street, NE, Room 2–A, Intervene, and Protests granting an extension of time with a Washington, D.C. 20426, or by calling construction commencement date of (202) 208–1371. The application may be March 1, 2001. June 21, 1997, and construction viewed on http://www.ferc.fed.us/ Take notice that the following completion June 21, 1999. On March 26, online/rims.htm (call (202) 208–2222 for hydroelectric application has been filed 1999, the Commission issued another assistance). A copy is also available for with the Commission and is available order extending the date for the project’s inspection and reproduction at the for public inspection: construction commencement and address in item h above. a: Application Type: Amendment of construction completion to June 21, License. 2001 and June 21, 2003, respectively. n. The Commission directs, pursuant b: Project No.: 9025–012. to Section 4.34(b) of the Regulations (see No project facilities have been c: Date Filed: January 31, 2001. constructed to date. Order No. 533 issued May 8, 1991, 56 d: Applicant: Hancock Hydro Inc. FR 23108, May 20, 1991) that all e: Name of Project: Hancock Creek The licensee has requested an amendment to change the project comments, recommendations, terms and Hydroelectric Project. capacity from 6.3 MW to 7.4 MW with conditions and prescriptions concerning f: Location: The Hancock Creek a 14.8 percent increase in hydraulic the application be filed with the Hydroelectric Project will be sited on capacity to allow maximum power Commission within 60 days from the Hancock Creek within the Snoqualmie River Basin of King County, production during high flows; modify issuance date of this notice. All reply the intake and diversion structures to comments must be filed with the Washington. No federal lands would be affected. accommodate the increased flow needed Commission within 105 days from the to support the increased generation date of this notice. Anyone may obtain g: Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)–825(r). capacity, including an increase of an extension of time for these deadlines h: Applicant Contact: Cheryl Krueger, surface area to the fish screens; reroute from the Commission only upon a Hancock Hydro, Inc., 19515 North Creek the first 2,500 feet of penstock to avoid showing of good cause or extraordinary Parkway, Suite 310, Bothell, WA 98011; a 0.46 acre sphagnum bog/wetland; bury circumstances in accordance with 18 (425) 487–6541. the first 2,500 feet of the penstock to a CFR 385.2008. i. FERC Contact: Questions about this depth of about 100 feet to eliminate the All filings must (1) bear in all capital notice can be answered by Kenneth need for the approved siphon; shift the letters the title ‘‘COMMENTS’’, ‘‘REPLY Hogan at (202) 208–0434 or e-mail location of the powerhouse slightly to COMMENTS’’, address: [email protected]. facilitate the use of an existing access ‘‘RECOMMENDATIONS’’, ‘‘TERMS The Commission cannot accept road and create a short spur road, AND CONDITIONS’’, or comments, recommendations, motions allowing access to the powerhouse from the north instead of the east, improving ‘‘PRESCRIPTIONS’’; (2) set forth in the to intervene or protests sent by e-mail; the aesthetics in the area; change the heading the name of the applicant and these documents must be filed as current tailrace design from a 140-foot- the project number of the application to described below. long buried pipe to a slightly shorter which the filing responds; (3) furnish j. Deadline for filing comments, terms and conditions, motions to intervene, open channel, and modify the overhead the name, address, and telephone and protests: 30 days from the issuance transmission line, proposed in the number of the person submitting the date of this notice. current license, to a buried transmission filing; and (4) otherwise comply with All documents (original and eight line to provide greater reliability, visual the requirements of 18 CFR 385.2001 copies) should be filed with: David P. benefits and eliminate the need for through 385.2005. All comments, Boergers, Secretary, Federal Energy raptor protection. recommendations, terms and conditions Regulatory Commission, 888 First l. A copy of the application is or prescriptions must set forth their Street, NE., Washington, DC 20426. available for inspection and evidentiary basis and otherwise comply Comments and protests may be filed reproduction at the Commission’s with the requirements of 18 CFR 4.34(b). electronically via the internet in lieu of Public Reference Room at 888 First Agencies may obtain copies of the paper. See, 18 CFR 385.2001(a)(1)(iii) Street, NE., Room 2A, Washington, DC application directly from the applicant. and the instructions on the 20426, or by calling (202) 208–1371. Each filing must be accompanied by Commission’s web site at http:// The application may be viewed on the proof of service on all persons listed on www.ferc.fed.us/efi/doorbell.htm. web at http://www.ferc.fed.us/online/ the service list prepared by the The Commission’s Rules of Practice rims.htm. Call (202) 208–2222 for Commission in this proceeding, in and Procedure require all intervenors assistance. A copy is also available for filing documents with the Commission inspection and reproduction at the to serve a copy of that document on address in item (h) above.
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m. Individuals desiring to be included Number 1676.02, and OMB Control No. are to respond, including through the on the Commission’s mailing list should 2060–0306, expiring 05/31/01. Before use of appropriate automated electronic, so indicate by writing to the Secretary submitting the ICR to OMB for review mechanical, or other technological of the Commission. and approval, EPA is soliciting collection techniques or other forms of Anyone may submit comments, a comments on specific aspects of the information technology, e.g., permitting protest, or a motion to intervene in proposed information collection as electronic submission of responses. accordance with the requirements of described below. Burden Statement: The annual public Rules of Practice and Procedure, 18 CFR DATES: Comments must be submitted on reporting and record keeping burden for 385.210, .211, .214. In determining the or before May 7, 2001. this collection of information is appropriate action to take, the ADDRESSES: Office of Air and Radiation, estimated to average 40 hours per Commission will consider all protests or Ariel Rios Building, 1200 Pennsylvania response. Burden means the total time, other comments filed, but only those Ave., NW., Mail Code 6101–A, effort, or financial resources expended who file a motion to intervene in Washington, DC 20460. Interested by persons to generate, maintain, retain, accordance with the Commission’s persons may request a copy of the ICR or disclose or provide information to or Rules may become a party to the without charge from the contact person for a Federal agency. This includes the proceeding. Any comments, protests, or below. time needed to review instructions; motions to intervene must be received FOR FURTHER INFORMATION CONTACT: develop, acquire, install, and utilize on or before the specified comment date Tony Bynum, tel.: (202) 564–1389; fax: technology and systems for the purposes for the particular application. of collecting, validating, and verifying Any filings must bear in all capital (202) 564–2057; e-mail: [email protected]. information, processing and letters the title ‘‘COMMENTS,’’ maintaining information, and disclosing ‘‘RECOMMENDATIONS FOR TERMS SUPPLEMENTARY INFORMATION: and providing information; adjust the AND CONDITIONS,’’ ‘‘PROTEST,’’ or Affected entities: Entities potentially existing ways to comply with any ‘‘MOTION TO INTERVENE,’’ as affected by this action are those which previously applicable instructions and applicable, and the Project Number of request Clean Air Act Tribal Authority. requirements; train personnel to be able the particular application to which the Title: Clean Air Act Tribal Authority to respond to a collection of filing refers. A copy of any motion to (OMB Control No. 2060–0306; EPA ICR information; search data sources; intervene must also be served upon each No.1676.02) expiring 05/31/01, renewal. complete and review the collection of representative of the Applicant Abstract: This ICR requests clearance information; and transmit or otherwise specified in the particular application. of EPA’s review and approval process disclose the information. Federal, state, and local agencies are for determining Tribal eligibility to invited to file comments on the carry out the Clean Air Act (CAA). Dated: February 22, 2001. described application. A copy of the Tribes may choose to submit a CAA Robert D. Brenner, application may be obtained by agencies eligibility determination and a CAA Acting Assistant Administrator, Office of Air directly from the applicant. If an agency program application to EPA at the same and Radiation. does not file comments within the time time for approval and EPA will review [FR Doc. 01–5570 Filed 3–6–01; 8:45 am] specified for filing comments, it will be both submittals simultaneously. EPA BILLING CODE 6560–50–P presumed to have no comments. One will use this information to determine if copy of an agency’s comments must also a Tribe meets the statutory criteria be sent to the Applicant’s under section 301(d) of the CAA and is ENVIRONMENTAL PROTECTION representatives. qualified for purposes of implementing AGENCY an Air Quality Program. Section 114 of [FRL–6949–4] David P. Boergers, the CAA is the authority for the Secretary. collection of information. Agency Information Collection [FR Doc. 01–5532 Filed 3–6–01; 8:45 am] An agency may not conduct or Activities: Submission for OMB BILLING CODE 6717–01–M sponsor, and a person is not required to Review; Comment Request, the New respond to, a collection of information Source Performance Standards (NSPS) unless it displays a currently valid OMB for Volatile Organic Liquid Storage ENVIRONMENTAL PROTECTION control number. The OMB control Vessels AGENCY numbers for EPA’s regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. AGENCY: Environmental Protection [FRL–6949–2] The EPA would like to solicit Agency (EPA). Agency Information Collection comments to: ACTION: Notice. (i) evaluate whether the proposed Activities: Proposed Collection; collection of information is necessary SUMMARY: In compliance with the Comment Request; Clean Air Act for the proper performance of the Paperwork Reduction Act (44 U.S.C. Tribal Authority functions of the agency, including 3501 et seq.), this notice announces that AGENCY: Environmental Protection whether the information will have the following Information Collection Agency (EPA). practical utility; Request (ICR) has been forwarded to the ACTION: Notice. (ii) evaluate the accuracy of the Office of Management and Budget agency’s estimate of the burden of the (OMB) for review and approval: The SUMMARY: In compliance with the proposed collection of information, New Source Performance Standards Paperwork Reduction Act (44 U.S.C. including the validity of the (NSPS) for Volatile Organic Liquid 3501 et seq.), this document announces methodology and assumptions used; Storage Vessels at 40 CFR part 60, that EPA is planning to submit the (iii) enhance the quality, utility, and Subpart Kb, OMB Control Number following continuing Information clarity of the information to be 2060–0074, expiration date February 28, Collection Request (ICR) to the Office of collected; and 2001. The ICR describes the nature of Management and Budget (OMB): Clean (iv) minimize the burden of the the information collection and its Air Act Tribal Authority, EPA ICR collection of information on those who expected burden and cost; where
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appropriate, it includes the actual data Collection of this information is OMB Control No. 2060–0074 in any collection instrument. authorized at 40 CFR 60.7 and 60.110b. correspondence. DATES: Comments must be submitted on Any information submitted to the Dated: February 22, 2001. or before April 6, 2001. Agency, for which a claim of Oscar Morales, ADDRESSES: Send comments, referencing confidentiality is made, will be Director, Collection Strategies Division. EPA ICR No. 1132.06 and OMB Control safeguarded according to the Agency No. 2060–0074, to the following policies set forth in Title 40, chapter 1, [FR Doc. 01–5567 Filed 3–6–01; 8:45 am] addresses: Sandy Farmer, U.S. part 2, subpart B—Confidentiality of BILLING CODE 6560–50–P Environmental Protection Agency, Business Information (see 40 CFR part 2: Collection Strategies Division (Mail 41 FR 36902, September 1, 1976; Code 2822), 1200 Pennsylvania Avenue, amended by 43 FR 40000, September 8, ENVIRONMENTAL PROTECTION N.W., Washington, DC 20460; and to 1978; 43 FR 42251, September 20, 1978; AGENCY Office of Information and Regulatory 44 FR 17674, March 23, 1979). An Affairs, Office of Management and agency may not conduct or sponsor, and [OPP–100168; FRL–6767–2] Budget (OMB), Attention: Desk Officer a person is not required to respond to, for EPA, 725 17th Street, NW., a collection of information unless it Systems Integration Group, Inc.; Washington, DC 20503. displays a currently valid OMB control Transfer of Data FOR FURTHER INFORMATION CONTACT: For number. The OMB control numbers for a copy of the ICR contact Sandy Farmer EPA’s regulations are listed in 40 CFR AGENCY: Environmental Protection at EPA by phone at (202) 260–2740, by part 9 and 48 CFR chapter 15. The Agency (EPA). Federal Register Notice required under E-Mail at ACTION: Notice. [email protected] or 5 CFR 1320.8(d), soliciting comments on download off the Internet at http:// this collection of information was published on December 22, 2000 (65 FR SUMMARY: This notice announces that www.epa.gov/icr and refer to EPA ICR pesticide related information submitted No.1132.06. For technical questions 80854). No comments were received. Burden Statement: The annual public to EPA’s Office of Pesticide Programs about the ICR contact Everett Bishop at (OPP) pursuant to the Federal 202–564–7032. reporting and recordkeeping burden for this collection of information is Insecticide, Fungicide, and Rodenticide SUPPLEMENTARY INFORMATION: Act (FIFRA) and the Federal Food, Drug, Title: The New Source Performance estimated to average 1 hour per respondent. Burden means the total and Cosmetic Act (FFDCA), including Standards (NSPS) for Volatile Organic information that may have been claimed Liquid Storage Vessels at 40 CFR part time, effort, or financial resources expended by persons to generate, as Confidential Business Information 60, Subpart Kb (OMB Control Number (CBI) by the submitter, will be tranferred 2060–0074, EPA ICR Number 1132.06), maintain, retain, or disclose or provide information to or for a Federal agency. to Systems Integration Group, Inc. in expiration date February 28, 2001. This accordance with 40 CFR 2.307(h)(3) and is a request for an extension of a This includes the time needed to review instructions; develop, acquire, install, 2.308(i)(2). Systems Integration Group, currently approved collection. Inc. has been awarded a contract to Abstract: The notification of and utilize technology and systems for the purposes of collecting, validating, perform work for OPP, and access to construction, reconstruction or this information will enable Systems modification indicates when a storage and verifying information, processing and maintaining information, and Integration Group, Inc. to fulfill the vessel becomes subject to the standards. obligations of the contract. The information generated by the disclosing and providing information; inspecting, recordkeeping and reporting adjust the existing ways to comply with DATES: Systems Integration Group, Inc. requirements is used by the Agency to any previously applicable instructions will be given access to this information ensure that the storage vessel affected by and requirements; train personnel to be on or before March 12, 2001. the NSPS continues to operate the able to respond to a collection of information; search data sources; FOR FURTHER INFORMATION CONTACT: By control equipment in a manner that mail: Erik R. Johnson, FIFRA Security helps achieve compliance with the complete and review the collection of information; and transmit or otherwise Officer, Information Resources and NSPS. Services Division (7502C), Office of Information is recorded in sufficient disclose the information. Pesticide Programs, Environmental detail to enable owners or operators to Respondents/Affected Entities: Protection Agency, 1200 Pennsylvania demonstrate the means of complying Owners of storage vessels for petroleum Ave., NW., Washington, DC 20460; with the applicable standards. Under liquids and synthetic organic chemicals. telephone number: 703–305–7248; e- this standard, the data collected by the Estimated Number of Respondents: mail address: [email protected]. affected owner/operator is retained at 580. the facility for a minimum of two years Frequency of Response: Semi- SUPPLEMENTARY INFORMATION: and made available to the Administrator annually, Annually, Initial Reports. either on request or by inspection. Estimated Total Annual Hour Burden: I. General Information The information generated by the 74,606 hours. A. Does this Action Apply to Me? recordkeeping and reporting Estimated Total Annualized Capital, requirements are used by the Agency to O&M Cost Burden: $4,714,690. This action applies to the public in ensure that facilities affected by the Send comments on the Agency’s need general. As such, the Agency has not NSPS continue to operate in compliance for this information, the accuracy of the attempted to describe all the specific with the NSPS. provided burden estimates, and any entities that may be affected by this The information collected from the suggested methods for minimizing action. If you have any questions recordkeeping and reporting respondent burden, including through regarding the applicability of this action requirements is also used for targeting the use of automated collection to a particular entity, consult the person inspections, and is of sufficient quality techniques to the following addresses. listed under FOR FURTHER INFORMATION to be used as evidence in court. Please refer to EPA ICR No. 1132.06 and CONTACT.
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B. How Can I Get Additional release and to handle it in accordance access to this information on or before Information, Including Copies of this with the FIFRA Information Security March 12, 2001. Document and Other Related Manual. In addition, Systems FOR FURTHER INFORMATION CONTACT: By Documents? Integration Group, Inc. is required to mail: Erik R. Johnson, FIFRA Security You may obtain electronic copies of submit for EPA approval a security plan Officer, Information Resources and this document, and certain other related under which any CBI will be secured Services Division (7502C), Office of documents that might be available and protected against unauthorized Pesticide Programs, Environmental electronically from the EPA Internet release or compromise. No information Protection Agency, 1200 Pennsylvania Home Page at http://www.epa.gov/. To will be provided to Systems Integration Ave., NW., Washington, DC 20460; access this document, on the Home Page Group, Inc. until the requirements in telephone number: 703–305–7248; e- select ‘‘Laws and Regulations,’’ this document have been fully satisfied. mail address: [email protected]. ‘‘Regulations and Proposed Rules,’’ and Records of information provided to SUPPLEMENTARY INFORMATION: Systems Integration Group, Inc. will be then look up the entry for this document I. General Information under the ‘‘Federal Register— maintained by EPA Project Officers for Environmental Documents.’’ You can the contract. All information supplied to A. Does this Action Apply to Me? Systems Integration Group, Inc. by EPA also go directly to the Federal Register This action applies to the public in listings at http://www.epa.gov/fedrgstr/. for use in connection with the contract will be returned to EPA when Systems general. As such, the Agency has not II. Contractor Requirements Integration Group, Inc. has completed attempted to describe all the specific its work. entities that may be affected by this Under contract number 01–35–4713/ action. If you have any questions 172, the contractor will perform the List of Subjects regarding the applicability of this action following: to a particular entity, consult the person The Contractor shall create digitized Environmental protection, Business and industry, Government contracts, listed under FOR FURTHER INFORMATION multi-page tiff images from CONTACT. approximately 2.9 million microfiche Government property, Security frames of scientific reviews on measures. B. How Can I Get Additional pesticides. Preparing such images will Dated: February 14, 2001. Information, Including Copies of this allow the Health Effects Division (HED), Richard D. Schmitt, Document and Other Related Records Reference Center the ability to Acting Director, Information Resources and Documents? retrieve previously microfiched Services Division, Office of Pesticide You may obtain electronic copies of scientific reviews from CDs. Electronic Programs. this document, and certain other related accessibility of old scientific reviews [FR Doc. 01–5576 Filed 3–6–01; 8:45 am] documents that might be available will allow EPA the necessary capability [BILLING CODE 6560–50–S electronically, from the EPA Internet to quickly obtain reviews of studies Home Page at http://www.epa.gov/. To performed, and enabling efficient access this document, on the Home Page regulatory decisions. The Contractor ENVIRONMENTAL PROTECTION select ‘‘Laws and Regulations,’’ shall have access to CBI, and will treat AGENCY ‘‘Regulations and Proposed Rules,’’ and all scientific documents as confidential [OPP–100167; FRL–6770–3] then look up the entry for this document business information per EPA under the ‘‘Federal Register— directives. Syracuse Environmental Research Environmental Documents.’’ You can This contract involves no Associates, Inc.; Transfer of Data also go directly to the Federal Register subcontractors. listings at http://www.epa.gov/fedrgstr/. OPP has determined that the contract AGENCY: Environmental Protection described in this document involves Agency (EPA). II. Contractor Requirements work that is being conducted in ACTION: Notice. Under contract number GS-10F- connection with FIFRA, in that 0082F000, the contractor will perform pesticide chemicals will be the subject SUMMARY: This notice announces that the following: of certain evaluations to be made under pesticide related information submitted The Forest Service (FS) has entered this contract. These evaluations may be to EPA’s Office of Pesticide Programs into Interagency Agreements with other used in subsequent regulatory decisions (OPP) pursuant to the Federal Federal agencies to develop human under FIFRA. Insecticide, Fungicide, and Rodenticide health and safety risk assessments, and Some of this information may be Act (FIFRA) and the Federal Food, Drug, other related activities that are mutually entitled to confidential treatment. The and Cosmetic Act (FFDCA), including beneficial to both agencies. Examples information has been submitted to EPA information that may have been claimed include the development of under sections 3, 4, 6, and 7 of FIFRA as Confidential Business Information methodologies for determining human and under sections 408 and 409 of (CBI) by the submitter, will be tranferred health and safety risks associated with FFDCA. to Syracuse Environmental Research tank mixture of pesticides with EPA. In accordance with the requirements Associates, Inc. in accordance with 40 The Contractor shall prepare of 40 CFR 2.307(h)(3) the contract with CFR 2.307(h)(3) and 2.308(i)(2). documents using the most current Systems Integration Group, Inc., Syracuse Environmental Research information available, including current prohibits use of the information for any Associates, Inc. has been awarded a FS program information and pesticide purpose not specified in the contract; contract to perform work for OPP, and or semiochemical data. This will require prohibits disclosure of the information access to this information will enable that the Contractor search all pertinent to a third party without prior written Syracuse Environmental Research data bases, current literature, published approval from the Agency; and requires Associates, Inc. to fulfill the obligations and unpublished data, results of current that each official and employee of the of the contract. research, and also contact Federal, state, contractor sign an agreement to protect DATES: Syracuse Environmental local, and private individuals involved the information from unauthorized Research Associates, Inc. will be given in current and recent research,
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monitoring and regulatory activities Government property, Security B. How Can I Get Additional associated with pest control or measures. Information, Including Copies of this vegetation management efforts or the Dated: February 14, 2001. Document and Other Related tools used in those efforts. Richard D. Schmitt, Documents? The Contractor shall also contact You may obtain electronic copies of individuals who are specifically Acting Director, Information Resources and Services Division, Office of Pesticide this document, and certain other related knowledgeable regarding the current Programs. documents that might be available regulatory status of the pesticidal [FR Doc. 01–5577 Filed 3–6–01; 8:45 am] electronically, from the EPA Internet agents’ most recent toxicological Home Page at http://www.epa.gov/. To information. This includes the Product BILLING CODE 6560–50–S access this document, on the Home Page Managers of each agent and toxicologists at the EPA, and the select ‘‘Laws and Regulations,’’ ENVIRONMENTAL PROTECTION manufacturer’s technical representatives ‘‘Regulations and Proposed Rules,’’ and AGENCY or Product Managers. then look up the entry for this document The contract involves no under the ‘‘Federal Register— subcontractors. [OPP–100166; FRL–6770–2] Environmental Documents.’’ You can OPP has determine that the contract also go directly to the Federal Register described in this document involves Science Applications International listings at http://www.epa.gov/fedrgstr/. Corporation (SAIC); Transfer of Data work that is being conducted in II. Contractor Requirements connection with FIFRA, in that pesticide chemicals will be the subject AGENCY: Environmental Protection Under contract number 68–W9–0060/ of certain evaluations to be made under Agency (EPA). 000, the contractor will perform the following: this contract. These evaluations may be ACTION: Notice. used in subsequent regulatory decisions The Contractor shall provide technical expertise necessary to conduct under FIFRA. SUMMARY: This notice announces that Some of this information may be analyses of samples of pesticide pesticide related information submitted products, particularly aluminum entitled to confidential treatment. The to EPA’s Office of Pesticide Programs information has been submitted to EPA phosphide fumigants, to support (OPP) pursuant to the Federal possible enforcement actions and under sections 3, 4, 6, and 7 of FIFRA Insecticide, Fungicide, and Rodenticide and under sections 408 and 409 of provide expert testimony regarding the Act (FIFRA) and the Federal Food, Drug, manner in which the analyses were FFDCA. and Cosmetic Act (FFDCA), including In accordance with the requirements conducted. The analyses may require information that may have been claimed testing for both the active ingredient and of 40 CFR 2.307(h)(3), the contract with as Confidential Business Information Syracuse Environmental Research certain inert ingredients. The analyses (CBI) by the submitter, will be tranferred of individual samples will not be Associates, Inc. prohibits use of the to Science Applications International information for any purpose not routinely scheduled but will be Corporation (SAIC) in accordance with conducted as necessary as products are specified in the contract; prohibits 40 CFR 2.307(h)(3) and 2.308(i)(2). SAIC disclosure of the information to a third found entering the marketplace. The has been awarded a contract to perform analyses will determine if the product party without prior written approval work for OPP, and access to this from the Agency; and requires that each contains the amount of active ingredient information will enable SAIC to fulfill as expressed on the product labeling official and employee of the contractor the obligations of the contract. sign an agreement to protect the and whether the active ingredient or information from unauthorized release DATES: SAIC will be given access to this specified inert ingredients are within and to handle it in accordance with the information on or before March 12, the certified limits contained in the FIFRA Information Security Manual. In 2001. Confidential Statement of Formula addition, Syracuse Environmental (CSF) accepted in connection with the Research Associates, Inc. is required to FOR FURTHER INFORMATION CONTACT: By pesticide’s registration. The analytical submit for EPA approval a security plan mail: Erik R. Johnson, FIFRA Security method will generally be specified by under which any CBI will be secured Officer, Information Resources and EPA and and ingredient may be and protected against unauthorized Services Division (7502C), Office of required to be analyzed by more than release or compromise. No information Pesticide Programs, Environmental one method, using both wet and dry will be provided to Syracuse Protection Agency, 1200 Pennsylvania chemical techniques. Analyses will be Environmental Research Associates, Inc. Ave., NW., Washington, DC 20460; conducted in accordance with EPA until the requirements in this document telephone number: 703–305–7248; e- quality assurance procedures, chain of have been fully satisfied. Records of mail address: [email protected]. custody procedures, and procedures for information provided to Syracuse SUPPLEMENTARY INFORMATION: maintaining the security of CBI. Environmental Research Associates, Inc. This contract involves no will be maintained by EPA Project I. General Information subcontractors. Officers for the contract. All information A. Does this Action Apply to Me? The OPP has determined that the supplied to Syracuse Environmental contract described in this document Research Associates, Inc. by EPA for use This action applies to the public in involve work that is being conducted in in connection with the contract will be general. As such, the Agency has not connection with FIFRA, in that returned to EPA when Syracuse attempted to describe all the specific pesticide chemicals will be the subject Environmental Research Associates, Inc. entities that may be affected by this of certain evaluations to be made under has completed its work. action. If you have any questions this contract. These evaluations may be regarding the applicability of this action used in subsequent regulatory decisions List of Subjects to a particular entity, consult the person under FIFRA. Environmental protection, Business listed under FOR FURTHER INFORMATION Some of this information may be and industry, Government contracts, CONTACT. entitled to confidential treatment. The
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information has been submitted to EPA Kentucky, Mississippi, North Carolina, be given to projects that are located under sections 3, 4, 6, and 7 of FIFRA South Carolina and Tennessee. EPA within watersheds that have the and under sections 408 and 409 of Region 4 will award an estimated following characteristics: FFDCA. $300,000 to eligible applicants through • Monitoring activities that support In accordance with the requirements assistance agreements ranging in size TMDL development on 303(d) listed of 40 CFR 2.307(h)(3), the contract with from $25,000 to $150,000 for innovative waters. SAIC, prohibits use of the information projects/demonstrations/studies that • Modeling activities that support for any purpose not specified in the have maximum transferability or can be TMDL development on 303(d) listed contract; prohibits disclosure of the used as models relating to the waters. information to a third party without prevention, reduction, and elimination • Other activities (e.g., watershed prior written approval from the Agency; of water pollution. Priority will be given characterization, source identification, and requires that each official and to proposals that relate to Total etc.) that support TMDL development employee of the contractor sign an Maximum Daily Load (TMDL) activities on 303(d) listed waters agreement to protect the information which support the development of Additional consideration will be from unauthorized release and to handle TMDLs. TMDL support includes the given to proposed projects that are it in accordance with the FIFRA rotating basin approach and water consistent with the States’s TMDL Information Security Manual. In quality monitoring. development schedules, with priority addition, SAIC is required to submit for DATES: EPA Region 4 will consider all given to TMDL development processes, EPA approval a security plan under proposals postmarked or received on or procedures or tools that can be which any CBI will be secured and before 5 p.m. Eastern Time April 23, transferred to other waters. protected against unauthorized release 2001. Proposals received after this date or compromise. No information will be Statutory Authority, Applicable will not be accepted. Regulations, and Funding Level provided to SAIC until the requirements ADDRESSES: It is preferred that three in this document have been fully copies of the proposal be mailed Funding is authorized under the satisfied. Records of information through the postal service or other provisions of the Clean Water Act provided to SAIC will be maintained by means to: Dorothy Rayfield, Chief, section 104(b)(3), 33 U.S.C. 1254(b)(3). EPA Project Officers for the contract. All Grants & Technical Assistance Section, The regulations governing the award information supplied to SAIC by EPA Water Management Division, U.S. and administration of Water Quality for use in connection with the contract Environmental Protection Agency, 61 Cooperative Agreements are 40 CFR part will be returned to EPA when SAIC has Forsyth St., SW., Atlanta, Georgia 30 (for institutions of higher learning, completed its work. 30303. Proposals may also be hospitals, and other non-profit organizations) and 40 CFR part 31 (for List of Subjects electronically mailed to [email protected]. States, Tribes, local governments, Environmental protection, Business intertribal consortia, and interstate and industry, Government contracts, FOR FURTHER INFORMATION CONTACT: agencies). In addition, EPA expects to Government property, Security Dorothy Rayfield by telephone at 404– promulgate final rules in the near future measures. 562–9278 or by E-mail at that will include program specific Dated: February 14, 2001. [email protected]. regulations for Water Quality Richard D. Schmitt, SUPPLEMENTARY INFORMATION: Cooperative Agreements to States, Tribes, local governments, interstate Acting Director, Information Resources and What is the Purpose of This Request for agencies and Intertribal consortia. When Services Division, Office of Pesticide Proposals? Programs. the rules are finalized, they will be [FR Doc. 01–5578 Filed 3–6–01; 8:45 am] EPA Region 4, Water Management codified at 40 CFR part 35, subparts A Division is requesting proposals from BILLING CODE 6560–50–S and B. state water pollution control agencies, Total funding available for award will interstate agencies, tribes, and other depend on EPA Region 4’s ENVIRONMENTAL PROTECTION public or nonprofit private agencies, appropriation for Fiscal Year 2001; AGENCY institutions, and organizations under however, it is estimated that $300,000 the Clean Water Act Section 104(b)(3) will be available for funding approved [FRL–6949–5] for unique and innovative projects. projects. Projects may range in size from An organization whose proposal is Notice of Request for Proposals for $25,000 to $150,000. selected for Federal assistance must Projects to be Funded from the Water complete an EPA Application for Proposal Format and Contents Quality Cooperative Agreement Assistance, including the SF–424 form (A) The following format should be Allocation (Application for Federal Assistance, see used for all proposals. AGENCY: Environmental Protection 40 CFR 30.12 and 31.10). Name of Project: Applicant Point of Contact: Agency (EPA). Has EPA Region 4, Water Management (Individual and Organization Name, ACTION: Notice. Division Identified High Priority Areas Address, Phone Number, Fax Number, for Consideration? SUMMARY: EPA Region 4 (Atlanta) is E-mail address) soliciting proposals from state water The Water Management Division, EPA Is this a Continuation of a Previously pollution control agencies, interstate Region 4 has identified project areas for Funded Project? (If so, please provide its agencies, tribes, and other public or priority consideration to the extent they name, funding date, and expected final nonprofit private agencies, institutions are for proposals that are related to Total product with the date) and organizations interested in applying Maximum Daily Load (TMDL) activities Proposed Award Amount: for Federal assistance for Water Quality which support the development of Proposed Applicant Cost Share: (A Cooperative Agreements under the TMDLs. TMDL support includes the 5% match is encouraged) Clean Water Act section 104(b)(3) in the rotating basin approach and water Expected Budget: Please include a states of Alabama, Florida, Georgia, quality monitoring. Further priority will budget by salary, fringe benefits, travel,
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supplies, equipment, contractual and ENVIRONMENTAL PROTECTION EPA, Office of Air and Radiation (Mail indirect costs and a budget by activity, AGENCY code 6102 A), 1200 Pennsylvania such as water monitoring, modeling, Avenue, NW., Washington, DC 20004. [FRL–6949–3] watershed characterization, best For information on the Subcommittee management practices, etc. Identify all Clean Air Act Advisory Committee meetings, please contact the following sources of funding. Notice of Meeting individuals: (1) Permits/NSR/Toxics Project Description: (Should not Integration—Debbie Stackhouse, 919– exceed two (2) pages of single spaced SUMMARY: The Environmental Protection 541–5354; and (2) Linking text) Agency (EPA) established the Clean Air Transportation, Land Use and Air Expected Accomplishments or Act Advisory Committee (CAAAC) on Quality Concerns—Lucie Audette, 734– Products(s) with Dates and Interim November 19, 1990, to provide 668–4438; and (3) Economic Incentives independent advice and counsel to EPA Milestones: Since eligible activities must and Regulatory Innovations—Carey on policy issues associated with be of a relatively short time frame with Fitzmaurice, 202–564–1667. Additional implementation of the Clean Air Act of tangible results, the project and budget information on these meetings and the 1990. The Committee advises on period should not exceed two (2) years. CAAAC and its Subcommittees can be economic, environmental, technical Describe How the Project Meets the found on the CAAAC Web Site: scientific, and enforcement policy www.epa.gov/oar/caaac/ Evaluation Criteria: EPA will consider issues. proposals based on the following Open Meeting Notice: Pursuant to 5 Dated: February 21, 2001. criteria: U.S.C. App. 2 Section 10(a)(2), notice is Robert D. Brenner, • The relationship of the proposed hereby given that the Clean Air Act Acting Assistant Administrator for Air and project to the priorities identified in this Advisory Committee will hold its next Radiation. notice open meeting on Wednesday, March 28, [FR Doc. 01–5566 Filed 3–6–01; 8:45 am] • How well the project proposes to 2001, from approximately 8:30 a.m. to BILLING CODE 6560–50–P address a need 3:30 p.m. at the Renaissance Mayflower • How well the project is likely to Hotel, 1127 Connecticut Ave., NW., increase water quality protection Washington, DC. Seating will be ENVIRONMENTAL PROTECTION • How reasonable the expectation of available on a first come, first served AGENCY being successful and implementable basis. Three of the CAAAC’s four [FRL–6951–2] • Soundness of technical content Subcommittees (the Linking Energy, Land Use, Transportation, and Air • Applicant’s financial commitment National Advisory Council for Quality Concerns Subcommittee; the Environmental Policy and Technology; • Compliance with direction for Permits/NSR/Toxics Integration Public Meeting submittal contained in this notice. Subcommittee; and the Economics Eligible Applicants Incentives and Regulatory Innovations AGENCY: Environmental Protection Subcommittee) will hold meetings on Agency (EPA). Eligible applicants for assistance Tuesday, March 27, 2001 from ACTION: Notice of public meeting. agreements under Section 104(b)(3) of approximately 9:30 a.m. to 4:30 p.m. at the Clean Water Act are state water the Mayflower Hotel, the same location SUMMARY: Under the Federal Advisory pollution control agencies, tribes, as the full Committee. The Energy, Committee Act, Public Law 92463, EPA interstate agencies, other public or Clean Air and Climate Change gives notice of a meeting of the National nonprofit private agencies, institutions, Subcommittee will not meet at this Advisory Council for Environmental and organizations. This solicitation is time. The Permits/NSR/Toxics Policy and Technology (NACEPT). limited to applicants within EPA Region Subcommittee is scheduled to meet NACEPT provides advice and 4. from 9:30 a.m. to 11:30 a.m.; the recommendations to the Administrator of EPA on a broad range of Application Procedure Economic Incentives and Regulatory Innovations Subcommittee is scheduled environmental policy and management Please send three copies of the to meet from 12 noon to 2 p.m.; and the issues. proposal if it is not electronically Linking Energy, Land Use, NACEPT consists of a representative transmitted. The completed proposals Transportation, and Air Quality cross-section of EPA’s partners and should be limited to three pages. Full Concerns subcommittee is scheduled to principle constituents who provide application packages should not be meet from 2:30 p.m. to 4:30 p.m. advice and recommendations on policy submitted at this time. Inspection of Committee Documents: issues and serve as a sounding board for new strategies that the Agency is Schedule of Activities The Committee agenda and any documents prepared for the meeting developing. This is the estimated schedule of will be publicly available at the The NACEPT is addressing several activities for review of proposals and meeting. Thereafter, these documents, policy issues associated with EPA’s notification of selections: together with CAAAC meeting minutes, human resource planning, the Proposals due to EPA by April 23, will be available by contacting the integration of key Agency planning 2001. Office of Air and Radiation Docket and processes, and the identification of June 5, 2001—Initial approvals requesting information under docket emerging issues and trends facing the identified and sponsors of projects item A–94–34 (CAAAC). The Docket Agency. The NACEPT Council will: selected for funding will be requested to office can be reached by telephoning Present its recommendations regarding submit a formal application package. 202–260–7548; FAX 202–260–4400. EPA’s Workforce Capacity efforts to the For Further Information concerning Agency; provide an update on the A. Stanley Meiburg, this meeting of the full CAAAC, please identification of emerging issues and Acting Regional Administrator, Region 4. contact Paul Rasmussen, Office of Air trends facing EPA over the next five to [FR Doc. 01–5573 Filed 3–6–01; 8:45 am] and Radiation, US EPA (202) 564–1306, ten years; and continue to help the BILLING CODE 6560–50–P FAX (202) 564–1352 or by mail at US Agency identify ways to integrate its
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human resource planning, information involvement of the public in the V. Public workshop and technology planning, and strategic Agency’s participation in the VI. Written comments planning processes. development of global technical I. Introduction DATES: The NACEPT will hold a 2-day regulations under the 1998 Agreement. public meeting on Wednesday, March Finally, this notice sets forth the A. The 1998 Agreement 21, from 8:30 a.m. to 4:30 p.m. and Agency’s priorities in participating in Thursday, March 22, 2001 from 8:30 the global regulatory harmonization The U.S. became the first signatory to a.m. to 3:45 p.m. process. The Agency intends to issue its the United Nations/Economic ADDRESSES: The NACEPT 2-day public policy following the receipt of Commission for Europe (UN/ECE) meeting will be held at the Latham comments solicited here. Agreement Concerning the Establishing Hotel, 3000 M Street, NW., Washington, The National Highway Traffic Safety of Global Technical Regulations for DC. Materials or written comments may Administration (NHTSA) which, Wheeled Vehicles, Equipment and Parts be transmitted to the Council through together with EPA, negotiated the Which Can Be Fitted And/or Be Used on Gwendolyn Whitt, Designated Federal Agreement on behalf of the U.S., will Wheeled Vehicles (the ‘‘Agreement’’). Officer/NACEPT, U.S. EPA, Office of participate in this workshop. The 1998 Agreement entered into force Cooperative Environmental DATES: Written comments to the agency on August 28, 2000. The Agreement Management (1601A), 1200 must be received by April 18, 2001. The provides for the establishment of global Pennsylvania Avenue NW., Washington, public workshop will be held on March technical regulations regarding wheeled DC 20460. The public will have an 19, 2001, from 9 a.m. to 1 p.m. vehicle safety, environmental opportunity to make comments directly ADDRESSES: Comments must refer to performance, energy sources and theft to the Council during the first day of the docket number A–2001–08 and be prevention. meeting. Oral comments will be limited submitted (preferably 2 copies) to EPA’s B. Purpose of and Need for 1998 to a total time of five minutes. Requests Air Docket at the following address: Agreement to make oral comments must be U.S. Environmental Protection Agency submitted no later than March 15, 2001 (EPA), Air Docket (6102), Room M– The decision of the U.S. to become a to Gwendolyn Whitt, at the address 1500, 401 M Street SW., Washington, Contracting Party to the 1998 Agreement above or faxed to (202) 501–0661. DC 20460. The Docket Office is open and participate in a global regulation Anyone who has not reserved time in between 8 a.m. and 5:30 p.m., Monday development process is a critical step advance, may make comments during through Friday except on government toward a cooperative worldwide the public comment period as time holidays. You can reach the Air Docket identification of best safety, allows. by telephone at (202) 260–7548, and by environmental and energy practices. facsimile at (202) 260–4400. We may FOR FURTHER INFORMATION CONTACT: Becoming a Contracting Party to the Gwendolyn Whitt, Designated Federal charge a reasonable fee for copying 1998 Agreement accomplishes several Officer, NACEPT, at (202) 564–9741. docket materials, as provided in 40 CFR purposes for the U.S. and the EPA in Part 2. Public workshop: The public particular. It gives the U.S. a vote in the Dated: February 26, 2001. workshop will be held in room 1332A establishment of voluntary global Timothy O. Sherer, of the EPA Headquarters, Ariel Rios environmental regulations for wheeled Acting Deputy Director, Office of Cooperative Building North, 1300 Pennsylvania vehicles, equipment and parts under the Environmental Management. Avenue, NW, Washington DC. Those United Nations. Such participation [FR Doc. 01–5571 Filed 3–6–01; 8:45 am] persons wishing to participate in the enables the U.S. to take a leading role BILLING CODE 6560–50–P workshop should contact Mr. Kenneth in the design and development of Feith by telephone, (202) 564–1679, or globally harmonized mobile source email, ‘‘[email protected]’’ no later than environmental regulations that can be ENVIRONMENTAL PROTECTION March 15, 2001. adopted worldwide. Further, the 1998 AGENCY FOR FURTHER INFORMATION CONTACT: Mr. Agreement ensures that U.S. mobile [FRL–6948–4] Kenneth Feith, Office of Air and source regulatory standards will be Radiation, Mail Code 6103A, U.S. considered in any effort to develop such Public Participation in Activities Environmental Protection Agency, harmonized global technical regulations Relating to the 1998 Agreement on Washington, DC. 20460, Telephone: for mobile sources. Global Technical Regulations; (202) 564–1679; Fax: (202) 564–1557; Statement of Policy email ‘‘[email protected] C. Purpose of this Notice AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: There are three main purposes of this Agency (EPA). Table of Contents notice. First, it announces the ACTION: Notice of public workshop. I. Introduction procedures that EPA intends to follow SUMMARY: EPA is holding a public A. Opening of 1998 Agreement for to ensure that its activities under the workshop and soliciting public signature 1998 Agreement are open and comments with regard to the B. Purpose of and need for 1998 Agreement transparent to the public. Second, it C. Purpose of this notice development of the Agency’s policy II. Highlights of 1998 Agreement specifies the priorities that will guide concerning its participation in the III. Notice of EPA participation under the the Agency during its participation in United Nations/Economic Commission Global Agreement and mechanisms for activities under the 1998 Agreement. for Europe, World Forum for public involvement One of these priorities is to promote and Harmonization of Vehicle Regulations A. Access to information establish environmental standards for (WP.29) and the development of B. Notice of participation in regulatory mobile sources that reflect the best regulations under the 1998 ‘‘Agreement activity under the 1998 Global environmental practices around the Agreement Concerning the Establishing of Global C. Opportunity to comment world. Lastly, the notice announces a Technical Regulations for Wheeled D. Establishment of a continuing forum public workshop on March 19, 2001 at Vehicles, Equipment and Parts.’’ This IV. The Agency’s priorities in participating in which these issues will be discussed notice is also soliciting comment on the the global harmonization process with interested stakeholders.
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II. Highlights of 1998 Agreement • To complement the Agreement’s Notice of Proposed Rulemaking The key aspects of the 1998 transparency provisions, EPA will take (NPRM). If the U.S. EPA were to adopt Agreement are summarized below to aid steps to ensure transparency in its a global technical regulation into persons unfamiliar with its provisions. consideration of global regulations being national law, it would do so in The complete text of the Agreement can developed under the Agreement. EPA accordance with all applicable be found in docket A–2001–08 and on will ensure that key documents procedural and substantive statutory the Internet at the address provided developed under the Agreement are provisions, including the herein. placed in the established public docket Administrative Procedure Act, the Clean • The Agreement establishes a global for this activity and on the Internet as Air Act, the Noise Control Act and process under the United Nations, they become available. Further, EPA comparable provisions of other relevant Economic Commission for Europe (UN/ will accept public comments on such statutes. documents. • The Agreement allows for global ECE), for developing and harmonizing • global technical regulations ensuring The Agreement provides two technical regulations to contain a high levels of environmental protection, different paths to the establishment of ‘‘global’’ level of stringency for most safety, energy efficiency and anti-theft global technical regulations. The first is parties and ‘‘alternative’’ levels of performance of wheeled vehicles, the harmonization of existing national stringency for developing countries. In equipment and parts which can be fitted regulatory standards or their this way, all countries can participate in and/or be used on wheeled vehicles. improvement. The second is the the development, establishment and (Preamble, Art. 1). development of new global technical adoption of global technical regulations. • Members of the ECE, as well as regulations where there are no existing The Agreement notes that a developing members of the United Nations that regulatory standards. (Article 6.2 and country may initially adopt one of the 6.3) lower levels of stringency and later participate in ECE activities, are eligible • to become Contracting Parties. The process for developing a successively adopt higher levels of Specialized agencies and organizations harmonized global technical regulation stringency. (Article 4) includes a technical review of existing that have been granted consultative III. Notice of EPA Participation Under status by the UN/ECE may participate in regulations of the Contracting Parties, relevant UN/ECE regulations and the Global Agreement and Mechanisms that capacity without voting privilege. for Public Involvement (Art. 2) international voluntary standards. If • The Agreement was entered into available, comparative assessments of The Agency believes that it must have force on August 28, 2000, when the the benefits of these regulations (also flexibility so that its activities and required minimum of eight (8) countries known as functional equivalence procedures attendant to the 1998 Global or regional economic integration assessments) will be reviewed. (Art. Agreement can evolve easily and organizations became Contracting 1.1.2, Article 6.2) quickly as the U.S. gains experience in • Parties. (Art. 11) The current list of The process for developing a new implementing the Agreement in a Contracting Parties is: the United States, global technical regulation includes the manner that advances environmental Canada, Japan, France, the United assessment of technical and economic protection and involves the public. Kingdom, the European Community, feasibility and a comparative evaluation EPA recognizes that its activities Germany, the Russian Federation, the of the potential benefits and cost under the 1998 Agreement could lead to People’s Republic of China, and the effectiveness of alternative regulatory the modification of its existing Republic of Korea. requirements and test method(s) by regulations or the possible adoption of • The Agreement explicitly which compliance is to be new globally harmonized regulations. recognizes the importance of demonstrated. (Article 6.3) Accordingly, EPA plans to provide the continuously improving and seeking • To establish any global technical public with access to pertinent high levels of safety and the right of regulation, there must be a consensus information developed under the global national and subnational authorities, vote. Thus, if any Contracting Party process. The EPA will also provide the (e.g., California’s authority under the votes against a recommended global public with adequate time to review and Clean Air Act to set separate emission technical regulation, it would not be comment on any potential international standards), to adopt and maintain established. (Annex B, Article 7.2) regulatory activity that the US is • technical regulations that are more The establishment of a global considering for adoption. To this end, stringently protective of health and the technical regulation does not obligate the Agency intends to provide: environment than those established at Contracting Parties to adopt that A. Access to Information the global level. (Preamble) regulation. Contracting Parties retain the • The Agreement explicitly states that right to choose whether or not to adopt The agency intends to publish an one of its purposes is to ensure that any technical regulation established as a annual calendar of meetings and listing actions under the Agreement do not global technical regulation under the of global technical regulations under promote, or result in, a lowering of Agreement. (Preamble, Article 7) consideration by Working Party—29. As environmental protection or safety • Consistent with the recognition of documents generated under the Global within the jurisdiction of the that right, Contracting Parties have only Agreement become available in English Contracting Parties, including the a limited obligation when a global to EPA, the agency intends to place subnational level. (Art. 1) technical regulation is established under them in a docket and, whenever • To the extent consistent with the Agreement. Any Contracting Party possible, make them Internet accessible achieving high levels of environmental that voted to establish the regulation as well. protection and vehicle safety, the must initiate those national procedures Agreement also seeks to promote global that are used to adopt any domestic B. Notice of Participation in Regulatory harmonization of wheeled vehicle regulation. (Article 7) Activity Under the 1998 Global regulations. (Preamble) • For the U.S., this would mean Agreement • The Agreement emphasizes that the initiating the rulemaking process either The EPA intends to publish in the development of global technical by issuing an Advanced Notice of Federal Register a list of those regulations will be transparent. (Art. 1) Proposed Rulemaking (ANPRM) or a regulatory activities under the Global
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Agreement where the U.S. intends to right of any country to set regulations address specified above and follow the participate in their development. The that provide an appropriate level of requirements stated therein. Agency will provide in the notice a protection for that country. To that end, Dated: February 27, 2001. description of the issues and the basis the EPA is committed to the Robert D. Brenner, for U.S. participation. development or harmonization of global Many or all of these documents are Acting Assistant Administrator for Air and regulations that will provide overall Radiation. currently available on the website of the public health protection. As a matter of [FR Doc. 01–5569 Filed 3–6–01; 8:45 am] UNECE World Forum for the policy, the U.S. will not consider the Harmonization of Vehicle Regulations: adoption of global regulations that BILLING CODE 6560–50–U http://www.unece.org/trans/main/ would diminish the level of welcwp29.htm environmental protection of existing ENVIRONMENTAL PROTECTION C. Opportunity to Comment regulations in the United States solely to AGENCY achieve harmonization. The agency proposes to seek public The Agency is also developing a list [FRL–6951–3] comment at key points during the of recommended regulations that it Good Neighbor Environmental Board development of global technical believes should be candidates for future Meeting regulations. In the case of a proposal harmonization actions. This list, which submitted by the U.S. for a new global will be formally submitted to the United AGENCY: Environmental Protection technical regulation or the Nations under this Agreement and kept Agency (EPA). harmonization of existing regulations, in a compendium of technical ACTION: Notice of meeting. the EPA will give notice, as stated regulations, will include both final U.S. above, and request comment. EPA regulations that we believe should SUMMARY: The next meeting of the Good However, if the contemplated be seriously considered for adoption by Neighbor Environmental Board, a international regulation concerns a top other countries as well as future federal advisory committee that reports environmental priority which needs to technical regulations in areas where to the President and Congress on be addressed by the issuance of a new requirements should be developed. environmental and infrastructure regulation in the U.S., then the Agency Examples of regulations that could be projects along the U.S. border with will publish a Federal Register notice included in the compendium include Mexico, will take place March 21–22 in under the appropriate environmental the Tier 2 program, the 2007 Heavy-duty Yuma, Arizona. The meeting is open to statute. diesel program, the On-board diagnostic the public. It is the first of three When the administrative body program, the development of driving committee meetings that will take place (Working Party 29) determines that a cycles for on-highway motorcycles, and along the border during 2001. draft global regulation is suitable for the next phase of standards for submission to the Contracting Parties of ADDRESSES: The meeting will take place compression-ignition nonroad engines. the 1998 Agreement for their at the Shilo Inn and Conference Center, We are interested in receiving consideration, the EPA will seek public 1550 Castle Dome Road, Yuma, Arizona. comments on the types of actions EPA review and comment. The EPA will Agenda: During the morning of March should be including in the compendium provide for adequate time for receipt 21, the Board will hear from several of regulations that will be submitted and review of any comments before the invited speakers on the use of pesticides under the guidelines of the Agreement. U.S. exercises its vote on whether to in the U.S.-Mexico border region; topics adopt such regulation as a global V. Public Workshop will include farmworker education, regulation under the United Nations institutional responsibilities, the All interested persons and Agreement. It should be emphasized Colorado River toxics study, and others. organizations are invited to attend a that a U.S. vote to adopt a regulation These presentations will be followed by workshop on the issues raised in this under the Agreement only obligates the a public comment session during which notice. The agency intends to conduct U.S., or any other Contracting Party, to attendees will be encouraged to speak the workshop informally. The National initiate its domestic regulatory process. about their own concerns and priorities Highway Traffic Safety Administration The U.S., or any other Contracting Party, for their communities as well as the (NHTSA) which, together with EPA, is not compelled to adopt the global wider border region. negotiated the Agreement on behalf of regulation into domestic law. Following lunch, the meeting will the U.S., will participate in this continue with report-outs from Board D. Establishment of a Continuing Forum workshop. An EPA official will briefly members on recent developments The Agency seeks comment regarding describe the topics discussed in this within their respective organizations the desirability of holding periodic notice and then open the floor for public and in other institutions in the United public meetings to provide interested comment. States and Mexico that have border- parties an opportunity to comment on Any person planning to participate region programs. After these report-outs, any information they have gained from should contact Mr. Kenneth Feith at the the Board has invited a representative various sources including the Federal address and telephone number given at from the U.S.-Mexico Border Health Register and the Internet. the beginning of this notice, no later Commission to give a status report on than 10 calendar days before the the Commission’s activities and plans. IV. The Agency’s Priorities in workshop. The balance of the day, as well as the Participating in the Global following day, primarily will be devoted VI. Comments Harmonization Process to ongoing Board business such as The Agency reaffirms its commitment The Agency invites all interested strengthening outreach and preparations to the harmonization of environmental parties to submit written comments. The for its next advisory report. The meeting regulations for wheeled vehicles, agency notes that participation in the ends at noon on March 22. equipment and components, including public workshop is not a prerequisite Public Attendance: The public is engines. However, it will, as a matter of for submission of written comments. welcome to attend all portions of the U.S. policy, recognize the sovereign Written comments should be sent to the meeting. Members of the public who
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plan to file written statements and/or workgroup was established to advise the governments; the general public; make brief oral statements at the public Pesticide Program Dialogue Committee academia and public health comment session on the morning of on ways of making information on inert organizations. March 21 are encouraged to contact the ingredients more available to the public The Inert Disclosure Stakeholder Designated Federal Officer for the Board while working within the mandates of Workgroup meeting is open to the the Federal Insecticide, Fungicide, and prior to the meeting. public. Written public statements are Background: The Good Neighbor Rodenticide Act and related also welcome and should be submitted Environmental Board was created by the Confidential Business Information to the OPP administrative docket OPP– Enterprise for the Americans Initiative concerns. 00439A. Any person who wishes to file Act of 1992. An Executive Order DATES: The meeting will be held by delegates implementing authority to the a written statement can do so before or conference call on Tuesday, March 10, after the conference call. These Administrator of EPA. The Board is 2001, from noon to 3 p.m. eastern responsible for providing advice to the statements will become part of the standard time. permanent file and will be provided to President and the Congress on ADDRESSES: Members of the public may environmental and infrastructure issues the workgroup members for their listen to the meeting discussions on site information. If you have any questions and needs within the States contiguous at: Crystal Mall #2, 1921 Jefferson Davis to Mexico in order to improve the about the workgroup, consult the person Highway, Arlington, VA; conference listed under FOR FURTHER INFORMATION quality of life of persons residing on the room 1123. Seating is limited and will CONTACT. United States side of the border. The be available on a first come, first serve statute calls for the Board to have basis. II. How Can I Get Additional representatives from U.S. Government FOR FURTHER INFORMATION CONTACT: By Information or Copies of this Document agencies; the governments of the States mail: Cameo Smoot, Field and External and Other Related Documents? of Arizona, California, New Mexico and Affairs Division (7506C), Office of Texas; and private organizations with Pesticide Programs, Environmental 1. Electronically. You may obtain expertise on environmental and Protection Agency, 1200 Pennsylvania electronic copies of this document, and infrastructure problems along the Avenue, NW., Washington, DC 20460, certain other related documents that southwest border. The Board meets telephone: (703) 305–5454. Office might be available electronically, from three times annually, primarily in location: 11th floor, Crystal Mall #2, the EPA Internet Home Page at http:// various border locations. The U.S. 1921 Jefferson Davis Highway, www.epa.gov/. To access this Environmental Protection Agency gives Arlington, VA; e-mail: document, on the Home Page select notice of this meeting of the Good [email protected]. ‘‘Laws and Regulations,’’ ‘‘Regulations Neighbor Environmental Board SUPPLEMENTARY INFORMATION: and Proposed Rules,’’ and then look up pursuant to the Federal Advisory the entry for this document under the Committee Act (Public Law 92–463). I. Does this Action Apply to Me? ‘‘Federal Register—Environmental FOR FURTHER INFORMATION CONTACT: This action is directed to the public Documents.’’ You can also go directly to Elaine M. Koerner, Designated Federal in general and to persons interested in the Federal Register listings at http:// Officer for the Good Neighbor the availability of public information www.epa.gov/fedrgstr/. For general Environmental Board, Office of regarding inert or ‘‘other’’ ingredients in background information about the Inert Cooperative Environmental pesticide products regulated under the Disclosure Stakeholder Workgroup, its Management, Office of the Federal Insecticide, Fungicide, and mission, and a list of its members, go to Administrator, USEPA, MC1601A, 1200 Rodenticide Act (FIFRA). http://www.epa.gov/pesticides/ppdc/ Pennsylvania Ave. NW., Washington, The Inert Disclosure Stakeholder inert/. DC 20004, (202) 564–1484, Workgroup was established to advise 2. In person. The Agency has [email protected]. EPA, through the Pesticide Program established an administrative record for Dialogue Committee (PPDC), on Dated: February 26, 2001. this workgroup under docket control potential measures to increase the Timothy O. Sherer, number OPP-00439A. The availability to the public of information Acting Deputy Director, Office of Cooperative administrative record consists of the about inert ingredients (also called Environmental Management. workgroup documents including [FR Doc. 01–5572 Filed 3–6–01; 8:45 am] ‘‘other ingredients’’) under FIFRA. Among the factors the workgroup has discussion papers, meeting agenda, as BILLING CODE 6560–50–P been asked to consider in preparing its well as comments submitted to the recommendations are: existing law workgroup by members of the public. regarding inert ingredients and This administrative record includes the ENVIRONMENTAL PROTECTION documents that are physically located in AGENCY Confidential Business Information (CBI); current Agency processes and policies the docket, as well as the documents [OPP–00439J; FRL–6768–6] for disseminating inert ingredient that are referenced in those documents. information to the public, including The public version of the administrative Pesticide Program Dialogue procedures for the protection of CBI; record, which includes printed, paper Committee (PPDC); Inert Disclosure informational needs for a variety of versions of any electronic comments Stakeholder Workgroup; Notice of stakeholders; and business reasons for that may be submitted during an Public Meeting limiting the disclosure of inert applicable comment period, is available AGENCY: Environmental Protection ingredient information. for inspection in the Public Information Agency (EPA). The Inert Disclosure Stakeholder and Records Integrity Branch (PIRIB), ACTION: Notice of public meeting. Workgroup is composed of participants Rm. 119, Crystal Mall #2, 1921 Jefferson from the following sectors: Davis Hwy., Arlington, VA, from 8:30 SUMMARY: This notice announces a Environmental/public interest and a.m. to 4 p.m., Monday through Friday, conference call meeting of the Inert consumer groups; industry and excluding legal holidays. The PIRIB Disclosure Stakeholder Workgroup. The pesticide users; Federal, State and local telephone number is (703) 305–5805.
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III. How and to Whom Do I Submit ACTION: Notice. The public version of the official record Comments? does not include any information SUMMARY: EPA has granted an You may submit comments through claimed as CBI. The public version of experimental use permit (EUP) to the the official record, which includes the mail, in person, or electronically. To following pesticide applicant. An EUP ensure proper receipt by EPA, it is printed, paper versions of any electronic permits use of a pesticide for comments submitted during an imperative that you identify docket experimental or research purposes only applicable comment period is available control number OPP–00439A in the in accordance with the limitations in for inspection in the Public Information subject line on the first page of your the permit. and Records Integrity Branch (PIRIB), correspondence. FOR FURTHER INFORMATION CONTACT: By Rm. 119, Crystal Mall #2, 1921 Jefferson 1. By mail. Submit your comments to: mail: Alan Reynolds, Biopesticides and Davis Hwy., Arlington, VA, from 8:30 Public Information and Records Pollution Prevention Division (7511C), a.m. to 4 p.m., Monday through Friday, Integrity Branch (PIRIB), Information Office of Pesticide Programs, excluding legal holidays. The PIRIB Resources and Services Division Environmental Protection Agency, 1200 telephone number is (703) 305–5805. (7502C), Office of Pesticide Programs Pennsylvania Ave., NW., Washington, (OPP), Environmental Protection DC 20460. Office location, telephone II. EUP Agency, 1200 Pennsylvania Ave., NW., number, and e-mail address: 1921 EPA has issued the following EUP: Washington, DC 20460. Jefferson Davis Hwy., Rm. 910W46, 524–EUP–91. Amendment. Monsanto 2. In person or by courier. Deliver Crystal Mall #2, Arlington, VA; (703) Company, 700 Chesterfield Parkway your comments to: Public Information 605–0515; e-mail address: North, St. Louis, Mo. 63198. The and Records Integrity Branch (PIRIB), [email protected]. amendment to this EUP allows the use Information Resources and Services of the plant-pesticide Bacillus SUPPLEMENTARY INFORMATION: Division (7502C), Office of Pesticide thuringiensis Cry1Ac protein and the Programs (OPP), Environmental I. General Information genetic material necessary for its Protection Agency, Rm. 119, Crystal production (vectors PV-GMBT01 and Mall #2, 1921 Jefferson Davis Hwy., A. Does this Action Apply to Me? PV-GMBT02) in soybean . Notice of the Arlington, VA. The PIRIB is open from This action is directed to the public original issuance of the EUP was 8:30 a.m. to 4 p.m., Monday through in general. Although this action may be published in the Federal Register on Friday, excluding legal holidays. The of particular interest to those persons June 22, 2000 (65 FR 38828) (FRL– PIRIB telephone number is (703) 305– who conduct or sponsor research on 6592–5). On June 2, 2000, the EUP was 5805. pesticides, the Agency has not amended to modify the containment 3. Electronically. You may submit attempted to describe all the specific provisions. Notice of receipt of an your comments and/or data entities that may be affected by this amendment was published in the electronically by e-mail to: ‘‘opp- action. If you have any questions Federal Register on August 30, 2000 (65 [email protected],‘‘or you can submit a regarding the information in this action, FR 52730) (FRL–6739–5). On January 5, computer disk as described in Units consult the designated contact person 2001, the EUP was amended to allow III.A.1. and 2. Do not submit any listed for the individual EUP. the planting of an additional 19 acres of information electronically that you soybean to evaluate control of B. How Can I Get Additional consider to be CBI. Avoid the use of velvetbean caterpillar, stem borer, and Information, Including Copies of this special characters and any form of soybean looper; to preform phenotypic Document and Other Related encryption. Electronic submissions will observations; maintain the lines through Documents? be accepted in WordPerfect 6.1/8.0 or seed production; and to preform efficacy ASCII file format. All comments in 1. Electronically. You may obtain trials. Additional acreage under this electronic form must be identified by electronic copies of this document, and amendment to the program is docket control number OPP–00439A. certain other related documents that authorized only in the State of Puerto Electronic comments may also be filed might be available electronically, from Rico. This amendment is effective from online at many Federal Depository the EPA Internet Home Page at http:// January 5, 2001 to May 31, 2001. This Libraries. www.epa.gov/. To access this amendment is issued with the limitation document, on the Home Page select that all treated crops will be genetically List of Subjects ‘‘Laws and Regulations,’’ ‘‘Regulations contained and destroyed or used for Environmental protection, Pesticides, and Proposed Rules,’’ and then look up research purposes only. Twelve Inerts, PPDC. the entry for this document under the comments were received in reply to the ‘‘Federal Register—Environmental Federal Register notice announcing Dated: February 15, 2001. Documents.’’ You can also go directly to receipt of this application. The Federal Joseph J. Merenda, the Federal Register listings at http:// Register notice announcing receipt of Acting Director, Office of Pesticide Programs. www.epa.gov/fedrgstr/. this application indicated that 22.0 [FR Doc. 01–5575 Filed 3–6–01 8:45 am] 2. In person. The Agency has acres would be tested in the States of BILLING CODE 6560–50–S established an official record for this Hawaii and Puerto Rico. All comments action under docket control number encouraged EPA not to approve the OPP–50871A. The official record amendment. One or more commentors ENVIRONMENTAL PROTECTION consists of the documents specifically offered the following comments: 1) AGENCY referenced in this action, and other Hawaii has a unique and isolated information related to this action, environment that needs to be protected [OPP–50871A; FRL–6765–1] including any information claimed as from the introduction of foreign Amendment of an Experimental Use Confidential Business Information (CBI). organisms; 2) rare and endangered Permit This official record includes the species in Hawaii need to be protected, documents that are physically located in including the Kamehameha butterfly; 3) AGENCY: Environmental Protection the docket, as well as the documents long-term effects on Hawaiian soils need Agency (EPA). that are referenced in those documents. to be addressed including competition
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with native bacteria and soil insects; 4) 8) all remaining plant material after DATES: Comments, identified by docket any effects on non-target species harvest will be destroyed; 9) trial sites control number OPP–50880, must be including pollinators and native insects will be planted with a different crop the received on or before April 23, 2001. exposed to Bt crops need to be following year or left fallow; 10) trial ADDRESSES: Comments and data may be addressed; 5) biotech crops have not sites will be monitored for 1 year to submitted by mail, electronically, or in been adequately tested for food uses and ensure no soybean regrowth or person. Please follow the detailed there is no evidence biotech food is safe; volunteers (those found will be instructions for each method as 6) effects of biotech crops on children eliminated). provided in Unit I. of the are unknown; 7) biotech products Persons wishing to review this EUP SUPPLEMENTARY INFORMATION. To ensure should be labeled (at the supermarket); are referred to the designated contact proper receipt by EPA, it is imperative 8) organic farmers adversely affected by person. Inquiries concerning this permit that you identify docket control number biotech should be compensated; 9) should be directed to the person cited OPP–50880 in the subject line on the butterfly populations harmed by biotech above. It is suggested that interested first page of your response. should be restored; 10) ecological persons call before visiting the EPA FOR FURTHER INFORMATION CONTACT: By concerns including outcrossing and office, so that the appropriate file may mail: Mike Mendelsohn, Biopesticides genetic drift need to be addressed; 11) be made available for inspection and Pollution Prevention Division adequate containment provisions are purposes from 8 a.m. to 4 p.m., Monday (7511C), Office of Pesticide Programs, needed for the program. through Friday, excluding legal Environmental Protection Agency, 1200 After the Federal Register notice holidays. Pennsylvania Ave., NW., Washington, announcing this application was issued, DC 20460; telephone number: (703) Monsanto revised the program to Authority: 7 U.S.C. 136. 308–8715; e-mail address: eliminate the proposed acreage in [email protected]. Hawaii. Therefore, all comments and List of Subjects issues raised for the Hawaiian acreage SUPPLEMENTARY INFORMATION: Environmental protection, are no longer germane for this EUP. I. General Information Based on submitted information, no Experimental use permits. A. Does this Action Apply to Me? significant or irreversible hazards to Dated: February 6, 2001. endangered species or non-target Janet L.Andersen, This action is directed to the public organisms in Puerto Rico are anticipated in general. This action may, however, be for this limited acreage, contained, crop Director, Biopesticides and Pollution Prevention Division, Office of Pesticide of interest to those persons interested in destruct program. Programs. plant-pesticides or those persons who Because the EUP has crop destruct are or may be required to conduct provisions and is for non-food use only, [FR Doc. 01–5574 Filed 3–6–01; 8:45 am] testing of chemical substances under the no human dietary exposure is expected. BILLING CODE 6560–50–S Federal Food, Drug and Cosmetic Act As such, food safety issues (including (FFDCA), or the Federal Insecticide, food labeling, effects on children, and Fungicide, and Rodenticide Act allergenicity concerns) are not germane ENVIRONMENTAL PROTECTION (FIFRA). Since other entities may also for this EUP. There is no evidence that AGENCY be interested, the Agency has not organic growers have been adversely attempted to describe all the specific affected by any EPA-registered Bt crop. [OPP–50880; FRL–6770–4] entities that may be affected by this Outcrossing and genetic drift are action. If you have any questions unlikely due to the genetic containment Experimental Use Permits; Receipt of regarding the applicability of this action provisions of the EUP, the lack of wild Applications Bt Corn to a particular entity, consult the person soybean relatives in test areas, and the listed under FOR FURTHER INFORMATION AGENCY: Environmental Protection low rate of soybean cross-pollination CONTACT. (soybeans are self-pollinated). All Agency (EPA). Cry1Ac soybeans grown under this EUP ACTION: Notice. B. How Can I Get Additional are required to be isolated from non- Information, Including Copies of this transgenic soybeans (not part of the SUMMARY: This notice announces receipt Document and Other Related program) by at least 6 meters. In of applications 68467–EUP–G, 68467– Documents? addition, the following containment EUP–L, 29964–EUP–R, and 29964– 1. Electronically. You may obtain procedures are part of the experimental EUP–G from Mycogen Seeds c/o Dow electronic copies of this document, and program: 1) Seeds will be stored in AgroSciences and Pioneer Hi-Bred certain other related documents that color-coded, marked bags in a secure International requesting experimental might be available electronically, from location; 2) leftover seed will be use permits (EUPs) for the plant- the EPA Internet Home Page at http:// destroyed or returned to Monsanto; 3) pesticides Bacillus thuringiensis www.epa.gov/. To access this seeds will be double packaged for PS149B1 protein and the genetic document, on the Home Page select transport; 4) no plant material will be material necessary for its production ‘‘Laws and Regulations,’’ ‘‘Regulations removed from the experimental sites (from the insert of plasmid PHP12560) and Proposed Rules,’’ and then look up without authorization; 5) field in corn and Bacillus thuringiensis the entry for this document under the equipment and machinery will be PS149B1 protein and the genetic ‘‘Federal Register—Environmental throughly cleaned of any plant material material necessary for its production Documents.’’ You can also go directly to and leftover seeds on-site before leaving (from the insert of plasmid PHP14352) the Federal Register listings at http:// the field; 6) soybeans are self-pollinating in corn. The Agency has determined www.epa.gov/fedrgstr/. and have low potential for outcrossing that the application may be of regional 2. In person. The Agency has (no special pollen-containment is and national significance. Therefore, in established an official record for this needed); 7) seeds may be harvested for accordance with 40 CFR 172.11(a), the action under docket control number further research and harvesting Agency is soliciting comments on this OPP–50880. The official record consists equipment will be thoroughly cleaned; application. of the documents specifically referenced
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in this action, and other information D. How Should I Handle CBI That I genetic material necessary for its related to this action, including any Want to Submit to the Agency? production (from the insert of plasmid information claimed as Confidential Do not submit any information PHP14352) in corn. Both active Business Information (CBI). This official electronically that you consider to be ingredients are for control of corn record includes the documents that are CBI. You may claim information that rootworm. physically located in the docket, as well you submit to EPA in response to this Pioneer Hi-Bred has requested to test as the documents that are referenced in document as CBI by marking any part or 191.6 acres in Hawaii, Illinois, Indiana, those documents. The public version of all of that information as CBI. Iowa, Kansas, Michigan, Minnesota, the official record does not include any Information so marked will not be Missouri, Nebraska, North Dakota, Ohio, information claimed as CBI. The public disclosed except in accordance with Pennsylvania, Puerto Rico, South version of the official record, which procedures set forth in 40 CFR part 2. Dakota, Texas, and Wisconsin. Mycogen Seeds has requested to test includes printed, paper versions of any In addition to one complete version of 612.5 acres in Colorado, Hawaii, electronic comments submitted during the comment that includes any Illinois, Indiana, Iowa, Kansas, an applicable comment period is information claimed as CBI, a copy of Michigan, Minnesota, Missouri, available for inspection in the Public the comment that does not contain the Nebraska, North Dakota, Ohio, Puerto Information and Records Integrity information claimed as CBI must be Rico, South Dakota, and Wisconsin. Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public All EUPs are to be genetically #2, 1921 Jefferson Davis Hwy., version of the official record. contained. Corn grown during the EUPs Arlington, VA, from 8:30 a.m. to 4 p.m., Information not marked confidential is not to be used for food or feed. Monday through Friday, excluding legal will be included in the public version holidays. The PIRIB telephone number of the official record without prior III. What Action is the Agency Taking? is (703) 305–5805. notice. If you have any questions about Following the review of the Mycogen C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, Seeds and Pioneer Hi-Bred applications Comments? please consult the person listed under and any comments and data received in FOR FURTHER INFORMATION CONTACT. You may submit comments through response to this notice, EPA will decide the mail, in person, or electronically. To E. What Should I Consider as I Prepare whether to issue or deny the EUP ensure proper receipt by EPA, it is My Comments for EPA? requests for these EUP programs, and if imperative that you identify docket issued, the conditions under which they You may find the following are to be conducted. Any issuance of an control number OPP–50880 in the suggestions helpful for preparing your subject line on the first page of your EUP will be announced in the Federal comments: Register. response. 1. Explain your views as clearly as 1. By mail. Submit your comments to: possible. IV. What is the Agency’s Authority for Public Information and Records 2. Describe any assumptions that you Taking this Action? Integrity Branch (PIRIB), Information used. Resources and Services Division The Agency’s authority for taking this 3. Provide copies of any technical action is under FIFRA section 5. (7502C), Office of Pesticide Programs information and/or data you used that (OPP), Environmental Protection support your views. List of Subjects Agency, 1200 Pennsylvania Ave., NW., 4. If you estimate potential burden or Environmental protection, Washington, DC 20460. costs, explain how you arrived at the Experimental use permits. 2. In person or by courier. Deliver estimate that you provide. your comments to: Public Information 5. Provide specific examples to Dated: February 16, 2001. and Records Integrity Branch (PIRIB), illustrate your concerns. Janet L. Andersen, Information Resources and Services 6. Offer alternative ways to improve Director, Biopesticides and Pollution Division (7502C), Office of Pesticide the notice. Prevention Division, Office of Pesticide Programs (OPP), Environmental 7. Make sure to submit your Programs. Protection Agency, Rm. 119, Crystal comments by the deadline in this [FR Doc. 01–5579 Filed 3–6–01; 8:45 am] Mall #2, 1921 Jefferson Davis Hwy., document. BILLING CODE 6560–50–S Arlington, VA. The PIRIB is open from 8. To ensure proper receipt by EPA, 8:30 a.m. to 4 p.m., Monday through be sure to identify the docket control Friday, excluding legal holidays. The number assigned to this action in the ENVIRONMENTAL PROTECTION PIRIB telephone number is (703) 305– subject line on the first page of your AGENCY 5805. response. You may also provide the 3. Electronically. You may submit name, date, and Federal Register [OPP–50881; FRL–6770–5] your comments electronically by e-mail citation. Experimental Use Permits; Receipt of to: [email protected], or you can Applications Bt Corn submit a computer disk as described II. Background above. Do not submit any information Mycogen Seeds c/o Dow AGENCY: Environmental Protection electronically that you consider to be AgroSciences (9330 Zionsville Road, Agency (EPA). CBI. Avoid the use of special characters Indianapolis, IN 46268) and Pioneer Hi- ACTION: Notice. and any form of encryption. Electronic Bred International (7250 NW 62nd submissions will be accepted in Avenue, Johnston, IA 50131) have SUMMARY: This notice announces receipt WordPerfect 6.1/8.0 or ASCII file requested EUPs for the plant-pesticides of applications 68467–EUP–U and format. All comments in electronic form Bacillus thuringiensis PS149B1 protein 29964–EUP–E from Mycogen Seeds c/o must be identified by docket control and the genetic material necessary for Dow AgroSciences and Pioneer Hi-Bred number OPP–50880. Electronic its production (from the insert of International requesting experimental comments may also be filed online at plasmid PHP12560) in corn and Bacillus use permits (EUPs) for the plant- many Federal Depository Libraries. thuringiensis PS149B1 protein and the pesticide Bacillus thuringiensis
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moCry1F protein and the genetic the entry for this document under the CBI. Avoid the use of special characters material necessary for its production ‘‘Federal Register—Environmental and any form of encryption. Electronic (plasmid insert PHP 12537) in corn. The Documents.’’ You can also go directly to submissions will be accepted in Agency has determined that the the Federal Register listings at http:// WordPerfect 6.1/8.0 or ASCII file application may be of regional and www.epa.gov/fedrgstr/. format. All comments in electronic form national significance. Therefore, in 2. In person. The Agency has must be identified by docket control accordance with 40 CFR 172.11(a), the established an official record for this number OPP–50881. Electronic Agency is soliciting comments on this action under docket control number comments may also be filed online at application. OPP–50881. The official record consists many Federal Depository Libraries. of the documents specifically referenced DATES: Comments, identified by docket in this action, and other information D. How Should I Handle CBI That I control number OPP–50881, must be related to this action, including any Want to Submit to the Agency? received on or before April 23, 2001. information claimed as Confidential Do not submit any information ADDRESSES: Comments and data may be Business Information (CBI). This official electronically that you consider to be submitted by mail, electronically, or in record includes the documents that are CBI. You may claim information that person. Please follow the detailed physically located in the docket, as well you submit to EPA in response to this instructions for each method as as the documents that are referenced in document as CBI by marking any part or provided in Unit I. of the those documents. The public version of all of that information as CBI. SUPPLEMENTARY INFORMATION. To ensure the official record does not include any Information so marked will not be proper receipt by EPA, it is imperative information claimed as CBI. The public disclosed except in accordance with that you identify docket control number version of the official record, which procedures set forth in 40 CFR part 2. OPP–50881 in the subject line on the includes printed, paper versions of any In addition to one complete version of first page of your response. electronic comments submitted during the comment that includes any FOR FURTHER INFORMATION CONTACT: By an applicable comment period is information claimed as CBI, a copy of mail: Mike Mendelsohn, Biopesticides available for inspection in the Public the comment that does not contain the and Pollution Prevention Division Information and Records Integrity information claimed as CBI must be (7511C), Office of Pesticide Programs, Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public Environmental Protection Agency, 1200 #2, 1921 Jefferson Davis Hwy., version of the official record. Pennsylvania Ave., NW., Washington, Arlington, VA, from 8:30 a.m. to 4 p.m., Information not marked confidential DC 20460; telephone number: (703) Monday through Friday, excluding legal will be included in the public version 308–8715; e-mail address: holidays. The PIRIB telephone number of the official record without prior [email protected]. is (703) 305–5805. notice. If you have any questions about SUPPLEMENTARY INFORMATION: C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, Comments? please consult the person listed under I. General Information FOR FURTHER INFORMATION CONTACT. You may submit comments through A. Does this Action Apply to Me? the mail, in person, or electronically. To E. What Should I Consider as I Prepare This action is directed to the public ensure proper receipt by EPA, it is My Comments for EPA? in general. This action may, however, be imperative that you identify docket You may find the following of interest to those persons interested in control number OPP–50881 in the suggestions helpful for preparing your plant-pesticides or those persons who subject line on the first page of your comments: are or may be required to conduct response. 1. Explain your views as clearly as testing of chemical substances under the 1. By mail. Submit your comments to: possible. Federal Food, Drug and Cosmetic Act Public Information and Records 2. Describe any assumptions that you (FFDCA), or the Federal Insecticide, Integrity Branch (PIRIB), Information used. Fungicide, and Rodenticide Act Resources and Services Division 3. Provide copies of any technical (FIFRA). Since other entities may also (7502C), Office of Pesticide Programs information and/or data you used that be interested, the Agency has not (OPP), Environmental Protection support your views. attempted to describe all the specific Agency, 1200 Pennsylvania Ave., NW., 4. If you estimate potential burden or entities that may be affected by this Washington, DC 20460. costs, explain how you arrived at the action. If you have any questions 2. In person or by courier. Deliver estimate that you provide. regarding the applicability of this action your comments to: Public Information 5. Provide specific examples to to a particular entity, consult the person and Records Integrity Branch (PIRIB), illustrate your concerns. listed under FOR FURTHER INFORMATION Information Resources and Services 6. Offer alternative ways to improve CONTACT. Division (7502C), Office of Pesticide the notice. Programs (OPP), Environmental 7. Make sure to submit your B. How Can I Get Additional Protection Agency, Rm. 119, Crystal comments by the deadline in this Information, Including Copies of this Mall #2, 1921 Jefferson Davis Hwy., document. Document and Other Related Arlington, VA. The PIRIB is open from 8. To ensure proper receipt by EPA, Documents? 8:30 a.m. to 4 p.m., Monday through be sure to identify the docket control 1. Electronically. You may obtain Friday, excluding legal holidays. The number assigned to this action in the electronic copies of this document, and PIRIB telephone number is (703) 305– subject line on the first page of your certain other related documents that 5805. response. You may also provide the might be available electronically, from 3. Electronically. You may submit name, date, and Federal Register the EPA Internet Home Page at http:// your comments electronically by e-mail citation. www.epa.gov/. To access this to: [email protected], or you can document, on the Home Page select submit a computer disk as described II. Background ‘‘Laws and Regulations,’’ ‘‘Regulations above. Do not submit any information Mycogen Seeds c/o Dow and Proposed Rules,’’ and then look up electronically that you consider to be AgroSciences (9330 Zionsville Road,
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Indianapolis, IN 46268) and Pioneer Hi- ENVIRONMENTAL PROTECTION States, Tribes, industry, the public or Bred International (7250 NW 62nd AGENCY any other entity. Avenue, Johnston, IA 50131) have Availability of Documents: The requested EUPs for the plant-pesticide [FRL–6948–9] guidance document is being published Bacillus thuringiensis moCry1F protein by EPA with the title and document and the genetic material necessary for Stressor Identification Guidance number; Stressor Identification its production (plasmid insert PHP Document; Notice of Availability Guidance Document (EPA–822–B–00– 12537) in corn. AGENCY: Environmental Protection 025), dated December 2000. Paper Pioneer Hi-Bred has requested to test Agency (EPA). copies can be obtained from the U.S. EPA, Water Resource Center by phone 154.01 acres in Georgia, Hawaii, Illinois, ACTION: Notice of availability. Indiana, Iowa, Kansas, Michigan, at: (202) 260–7786, or by sending an e- Minnesota, Missouri, Nebraska, North SUMMARY: EPA is announcing the mail to the Center at center.water- Carolina, North Dakota, Ohio, availability of the Stressor Identification [email protected], or through Pennsylvania, Puerto Rico, South Guidance Document (EPA 822–B–00– conventional mail by sending a letter of Dakota, Tennessee, Texas, and 025) published under the authority of request to U.S. EPA Water Resource Wisconsin. Section 304(a)(2) of the Clean Water Act Center, Ariel Rios Building, 1200 (CWA). This technical guidance Pennsylvania Ave., Washington, DC Mycogen Seeds has requested to test 20460. Copies of the document may also 564 acres in Colorado, Hawaii, Illinois, document is designed to assist water quality managers in identifying be obtained from the U.S. EPA National Indiana, Iowa, Kansas, Michigan, Center for Environmental Publications Minnesota, Missouri, Nebraska, North unknown causes of biological impairments in any type of water body. and Information (NCEPI), 11029 Dakota, Ohio, Puerto Rico, South Kenwood Road, Cincinnati, OH 45242 Dakota, and Wisconsin. Section 101(a) of the Clean Water Act states that it is the objective of the Act or (513) 489–8190. The document and Both EUPs are to be genetically to restore and maintain the chemical, fact sheet are also available on the EPA contained. Corn grown during the EUPs physical and biological integrity of the website at www.epa.gov/OST/ is not to be used for food or feed. Nation’s waters. To achieve this biocriteria. However both Mycogen Seeds and objective, numerous States and Tribes FOR FURTHER INFORMATION CONTACT: Pioneer Hi-Bred have indicated that are using biological assessments and Susan Cormier at (513) 569–7995 or they intend to apply to amend the EUPs biocriteria to help protect the Nation’s email at [email protected]; Glenn in the future and link them to the waters. Using these tools, State and Suter at (513) 569–7808 or by email at pending temporary tolerance petition Tribal water quality experts are finding [email protected]; Sue Norton at (OG6112) submitted and pending for water bodies where the fish, (202) 564–3246 or by email at Mycogen Seeds currently approved crop invertebrate, algae or plant communities [email protected]; or William destruct Cry1F Bt corn EUP, 68467– (or other aquatic life) have been Swietlik at (202) 260–9569 or by e-mail EUP–2. The pending temporary detrimentally impacted by different at [email protected]. tolerance petition (OG6112) published singular or multiple causes. In many in the Federal Register on June 15, 2000 Dated: January 17, 2001. cases, the cause, or causes, of these Geoffrey H. Grubbs, (65 FR 37545) (FRL–6558–6). biological impairments have not yet Director, Office of Science and Technology. III. What Action is the Agency Taking? been identified. The Stressor Identification Guidance Document [FR Doc. 01–5563 Filed 3–6–01; 8:45 am] Following the review of the Mycogen provides a logical, scientific process by BILLING CODE 6560–50–P Seeds and Pioneer Hi-Bred applications which State, Tribal, and other water and any comments and data received in quality experts can evaluate available ENVIRONMENTAL PROTECTION response to this notice, EPA will decide information to identify the stressor(s) AGENCY whether to issue or deny the EUP causing the biological impairments. The requests for these EUP programs, and if process has three main steps: (1) List [FRL–6949–9] issued, the conditions under which they candidate causes of impairment, (2) are to be conducted. Any issuance of an analyze the evidence, and (3) Metalex Superfund Site; Notice of EUP will be announced in the Federal characterize the causes. When evidence Proposed Settlement Register. is adequate, using this guidance, AGENCY: Environmental Protection investigators should be able to IV. What is the Agency’s Authority for Agency. successfully identify the likely cause, or ACTION: Notice of proposed agreement. Taking this Action? causes. This guidance will also help The Agency’s authority for taking this investigators identify where evidence is SUMMARY: The Environmental Protection action is under FIFRA section 5. weak or lacking and needs to be Agency is proposing to enter into an developed to be able to successfully agreement with Libby Corporation List of Subjects identify the stressor(s). Once the causes pursuant to 122 of the Comprehensive of the biological impairments are Environmental Response, Environmental protection, identified, water resource managers will Compensation, and Liability Act of Experimental use permits. be better able to locate the sources of the 1980, as amended, regarding the Dated: February 16, 2001. stressor, or stressors, and take Metalex Superfund Site located in management actions aimed at improving Lexington County, Lexington, South Janet L. Andersen, the biological condition of the water Carolina. EPA will consider public Director, Biopesticides and Pollution body. comments on the proposed settlement Prevention Division, Office of Pesticide This guidance is advisory in nature for thirty (30) days. EPA may withdraw Programs. and its use is not mandatory. As such from or modify the proposed settlement [FR Doc. 01–5580 Filed 3–6–01; 8:45 am] this guidance does not impose legally- should such comments disclose facts or BILLING CODE 6560–50–S binding requirements on EPA, the considerations which indicate the
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proposed settlement is inappropriate, within 30 days of the date of FEDERAL COMMUNICATIONS improper or inadequate. Copies of the publication. COMMISSION proposed settlement are available from: Dated: February 15, 2001. [DA 01–58] Ms. Paula V. Batchelor, U.S. EPA, Franklin E. Hill, Region 4 (WMD–CPSB), Sam Nunn Public Safety 700 MHz Band Atlanta Federal Center, 61 Forsyth Chief, Cercla Program Services Branch, Waste Street, SW., Atlanta, Georgia 30303, Management Division. AGENCY: Federal Communications (404) 562–8887. [FR Doc. 01–5568 Filed 3–6–01; 8:45 am] Commission. Written comments may be submitted BILLING CODE 6560–50–P ACTION: Notice. to Ms. Batchelor within thirty (30) calendar days of the date of the SUMMARY: On January 10, 2001, the publication. Commission’s Wireless Telecommunications Bureau (WTB) Dated: February 15, 2001. EXPORT-IMPORT BANK OF THE UNITED STATES released a public notice announcing that Franklin E. Hill, July 2, 2001, is the deadline by which Chief, CERCLA Program Services Branch, Notice of Open Special Meeting of the states must indicate their decision to Waste Management Division. Advisory Committee of the Export- ‘‘opt out’’ of existing (800 MHz) [FR Doc. 01–5564 Filed 3–6–01; 8:45 am] Import Bank of the United States planning regions for Public Safety 700 BILLING CODE 6560–50–U (Export-Import Bank) MHz band regional planning. This action is necessary because the SUMMARY: The Advisory Committee was Commission directed the WTB to issue ENVIRONMENTAL PROTECTION a public notice that addresses regional AGENCY established by Pub. L. 98–181, November 30, 1983, to advise the planning committee implementation [FRL–6950–1] Export-Import Bank on its programs and matters including the deadline date for to provide comments for inclusion in reporting the exercise of ‘‘opt out’’ Reeves Southeastern Superfund Site; decisions. The intended effect of this the reports of the Export-Import Bank of Notice of Proposed Settlement action is to make all interested persons the United States to Congress. aware of the deadline date. AGENCY: Environmental Protection Time and Place: Tuesday, March 27, DATES: Opt out decisions must be Agency. 2001, at 9:30 a.m. to 12:30 p.m. The reported to the WTB by July 2, 2001. ACTION: Notice; request for public meeting will be held at the Export- ADDRESS: Opt out decisions must be comment. Import Bank in Room 1143, 811 reported in letter format addressed to Vermont Avenue, NW., Washington, DC SUMMARY: Under the Comprehensive Chief, Public Safety and Private 20571. Environmental Response, Wireless Division, WTB, and must be Compensation, and Liability Act, as Agenda: This meeting will include a signed by the convener or elected amended (‘‘CERCLA’’), the discussion on the 2001 Advisory chairperson of the RPC. Opt out letters Environmental Protection Agency Committee Theme and a discussion of should be submitted to: Federal (‘‘EPA’’) proposes to enter into a exporter need for support in new Communications Commission, WTB/ Prospective Purchaser Agreement industries, sectors, and countries of Public Safety and Private Wireless (‘‘PPA’’) regarding a portion of the destination. Division, 445 12th Street, SW., Room 4– Reeves Southeastern Superfund Site in C330, Washington, DC 20554 (Re: 700 Public Participation: The meeting will MHz RPC). Tampa, Hillsborough County, Florida. be open to public participation, and the FOR FURTHER INFORMATION CONTACT: For EPA proposes to enter into the PPA with last 10 minutes will be set aside for oral Master-Halco, Inc. (MH). The PPA additional information, contact Joy questions or comments. Members of the obligates MH to fully cooperate with Alford, Public Safety and Private public may also file written statement(s) any response actions EPA may take on Wireless Division at (202) 418–0680 or before or after the meeting. If any person the property. Further, the PPA provides by e-mail: [email protected]. wishes auxiliary aids (such as a sign MH with a covenant not to sue from the SUPPLEMENTARY INFORMATION: Following United States for Existing language interpreter) or other special is a summary of Public Notice, DA 01– Contamination on the property. The accommodations, please contact, prior 58 (rel. Jan 10, 2001). In 1998, the FCC covenant is conditioned upon MH’s to November 3, 2000, Nichole Westin, decided that the 700 MHz regional fulfilling its obligations under the PPA. Room 1257, 811 Vermont Avenue, NW., planning committees (RPCs) would be EPA will consider comments on the Washington, DC 20571, Voice: (202) based on the same fifty-five 800 MHz proposed PPA for thirty (30) days. 565–3542 or TDD (202) 565–3377. planning regions. However, the FCC EPA may withdraw from or modify FURTHER INFORMATION CONTACT: For also decided to allow states or territories the proposed PPA should such further information, contact Nichole not in regions defined by state comments disclose facts or Westin, Room 1257, 811 Vermont Ave., boundaries to opt out of their existing considerations which indicate the regions to form or join a planning region NW., Washington, DC 20571, (202) 565– proposed PPA is inappropriate, that follows their state’s boundaries. 3542. improper, or inadequate. Copies of the Prior to taking advantage of this option, proposed settlement are available from: John M. Niehuss, the 800 MHz RPC chair must appoint a Ms. Paula V. Batchelor, U.S. local convener who is responsible for General Counsel. Environmental Protection Agency, organizing and publicizing the first 700 Region IV, Waste Management Division, [FR Doc. 01–5549 Filed 3–6–01; 8:45 am] MHz RPC meeting. At the first meeting, 61 Forsyth Street, S.W., Atlanta, Georgia BILLING CODE 6690–01–M RPC members from a state seeking to opt 30303, 404/562–8887. out must reach a consensus decision to Written comments may be submitted opt out of the region and form a new to Ms. Batchelor at the above address RPC that would correlate to its state’s
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geographic boundaries. States that do Fixed Services to Support the amount of federal funds requested, and not file an opt out report by the deadline Introduction of New Advanced Wireless the title of the research project. Please date will continue to be included in Services, including Third Generation put ‘‘confirm receipt’’ in the subject line their existing planning regions. No Wireless Systems (ET Docket No. 00– of your email. report is necessary for planning regions 258, RM–9920, RM–9911). Mailing Address: Abstracts should be that are unchanged. After WTB’s receipt Petition for Rulemaking of the submitted to: Adrienne Little, Grants and review of opt out reports, it will Cellular Telecommunications Industry Officer, Office of the Assistant Secretary issue a public notice(s) to confirm Association Concerning Implementation for Planning and Evaluation, timely-filed opt out decisions. After an of WRC–2000: Review of Spectrum and Department of Health and Human opt out decision is confirmed, the new Regulatory Requirements for IMT–2000. Services, 200 Independence Avenue, or modified RPC is authorized to begin Amendment of the U.S. Table of SW., Room 405F, Hubert H. Humphrey the planning process, absent further Frequency Allocations to Designate the Building, Washington, DC 20201, action by WTB. The full text of the 2500–2520/2670–2690 MHz Frequency Telephone: (202) 690–8794. Public Notice is available for inspection Bands for the Mobile Satellite Service. Administrative questions will be and copying during normal business Number of Petitions filed: 1. accepted and responded to up to ten hours in the FCC Reference Center, working days prior to closing date of Federal Communications Commission. receipt of abstracts. Room CY–A257, 12th Street, SW., Magalie Roman Salas, Washington, DC; it may also be The printed Federal Register notice is Secretary. purchased from the Commission’s copy the only official program contractor, International Transcription [FR Doc. 01–5490 Filed 3–6–01; 8:45 am] announcement. Any corrections to this Service, Inc., 1231 20th Street, NW., BILLING CODE 6712–01–M announcement will be published in the Washington, DC 20037. The full text of Federal Register as well as published on the Public Notice, including a list and the ASPE World Wide Web Pages. The map of the 55 planning regions and an DEPARTMENT OF HEALTH AND web site is http://aspe.hhs.gov/ attachment entitled ‘‘Opt Out’’ HUMAN SERVICES funding.htm. Although reasonable Decisions—By State, is available online efforts are taken to assure that the files at www.fcc.gov/Bureaus/Wireless/ Office of the Assistant Secretary for on the ASPE World Wide Web Page Public_Notices/2001/da010058.doc. Planning and Evaluation: Notice containing electronic copies of this Alternative formats are available to Inviting Abstracts for Policy Research Program Announcement are accurate persons with disabilities by contacting and Studies on Welfare Reform and complete, they are provided for Martha Contee at (202) 418–0260 or Outcomes for Fiscal Year 2001 information only. The applicant bears TTY (202) 418–2555. sole responsibility to assure that the AGENCY: Office of the Assistant copy downloaded and/or printed from Federal Communications Commission. Secretary for Planning and Evaluation, any other source is accurate and D’wana R. Terry, Department of Health and Human complete. Chief, Public Safety and Private Wireless Services. FOR FURTHER INFORMATION CONTACT: Division. ACTION: Announcement of the request Administrative questions should be [FR Doc. 01–5515 Filed 3–6–01; 8:45 am] for abstracts and the availability of directed to the Grants Officer at the funds for welfare reform policy research BILLING CODE 6712–01–U address or phone number listed above. and studies. Technical questions should be directed to Audrey Mirsky-Ashby, DHHS, ASPE, FEDERAL COMMUNICATIONS SUMMARY: The Office of the Assistant telephone, 202–401–6640 or e-mail, COMMISSION Secretary for Planning and Evaluation (ASPE) invites abstracts for policy [email protected]. Technical [Report No. 2468] research and studies related to welfare questions may also be directed in reform. writing to Evvie Becker, DHHS, ASPE, Petition for Reconsideration of Action at [email protected]. In in Rulemaking Proceeding Closing Date: The closing date for submitting abstracts under this addition, written technical questions February 27, 2001. announcement is April 6, 2001. Only may be faxed to Audrey Mirsky-Ashby Petition for Reconsideration have abstracts, not full proposals, will be or Evvie Becker at 202–690–6562 or may been filed in the Commission’s accepted under this announcement. be addressed to either Audrey Mirsky- rulemaking proceeding listed in this Please email Audrey Mirsky-Ashby at Ashby or Evvie Becker at the following Public Notice and published pursuant to [email protected] by March 27, address, Office of the Assistant 47 CFR Section 1.429(e). The full text of 2001 to inform the government of your Secretary for Planning and Evaluation, this document is available for viewing intent to submit an abstract. Please Department of Health and Human and copying in Room CY–A257, 445 include the proposed title of the Services, 200 Independence Avenue, 12th Street, SW., Washington, DC., or research project and please put ‘‘intent SW., Room 404E, Hubert H. Humphrey may be purchased from the to submit’’ in the subject line of your Building, Washington, DC 20201. Please Commission’s copy contractor, ITS, Inc. email. Providing notice of intent to call to confirm receipt. Technical (202) 857–3800. Oppositions to this submit is not a requirement for questions will be accepted and petition must be filed by March 22, submitting an abstract. However, a responded to up to ten working days 2001. See Section 1.4(b)(1) of the notice of intent to submit will help the prior to the closing date of receipt of Commission’s rules (47 CFR 1.4(b)(1)). federal government in the planning for abstracts. Replies to an opposition must be filed the review process. Please email Evvie Part I. Supplementary Information within 10 days after the time for filing Becker at [email protected] oppositions have expired. April 18, 2001 to confirm receipt of any Legislative Authority Subject: Amendment of Part 2 of the abstracts submitted. Please include the This announcement is authorized by Commission’s Rules to Allocate researcher’s name, the name of the Section 1110 of the Social Security Act Spectrum Below 3 GHz For Mobile and organization submitting the abstract, the (42 U.S.C. 1310) and awards will be
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made from funds appropriated under project is the sum of the Federal share Given the sweeping changes in the the Departments of Labor, Health and and the non-Federal share. The non- welfare system and the dramatic Human Services, and Education, and Federal share may be met by cash or in- caseload declines since PRWORA was Related Agencies Appropriations Act, kind contributions, although applicants enacted, for the past three years the 2001, as enacted by section 1000(a)(4) of are encouraged to meet their match Department has received policy research the Consolidated Appropriations Act, requirements through cash funds targeted by Congressional 2001 (Public Law 106–554). contributions. For example, a researcher appropriators to support studies of the with a project with a total budget (both outcomes of welfare reform. Additional Eligible Applicants direct and indirect costs) of $150,000 funds were also included in the FY 2001 Pursuant to section 1110 of the Social may request up to $142,500 in federal appropriation. The Department has used Security Act, any public organization, funds under the announcement. these funds to help create an integrated including state and local governments, If a proposed project activity has picture of the low-income population by and private nonprofit organizations, approved funding support from other complementing other public and private including universities and other funding sources, the amount, duration, efforts to assess the outcome of welfare institutions of higher education, may purpose, and source of the funds should reform, with a particular focus on low- apply. Applications may also be be indicated in materials submitted income families with children. Projects submitted by private for-profit under this announcement. If completion funded in fiscal years 1998, 1999, and organizations, although no funds may be of the proposed project activity is 2000 include studies that measure paid as profit to grantees or subgrantees. contingent upon approval of funding outcomes for a broad population of low- Available Funds from other sources, the relationship income families, examine diversion between the funds being sought practices, and measure family hardship ASPE is engaging in a two-part elsewhere and from ASPE should be and well-being, including the utilization process. The first part of the process discussed in the budget information of other support programs. Projects are will be the submission of six page submitted as a part of the abstract. In in place to assess the outcomes of research abstracts. After the abstracts are both cases, the contribution that ASPE welfare reform on current, former and reviewed by an independent review funds will make to the project should be potential welfare recipients and other panel, a subset of the applicants who clearly presented. special populations affected by TANF submitted abstracts will be invited by Background policies. ASPE is also studying the ASPE to submit full applications. These workings of the low-wage labor markets, will be reviewed competitively. ‘‘The Personal Responsibility and where current and former welfare Financial awards will be made only in Work Opportunity Reconciliation Act of recipients are most likely to be the second part of the process; no 1996’’ (PRWORA), a comprehensive employed. A large portion of the welfare awards will be made based on abstracts bipartisan welfare reform plan that outcome funds have been spent on submitted. An invitation to submit an dramatically changed the nation’s competitive grants to states and large application is not a guarantee of welfare system into one that requires counties to study families leaving funding. The following information on work in exchange for time-limited welfare, as well as those who have been fund availability is provided for assistance, was signed into law in diverted (formally or informally) from planning purposes for applicants. August 1996. The Temporary Assistance welfare receipt. These projects have Approximately $1,000,000 is expected for Needy Families (TANF) program was provided, and continue to provide, to be available from ASPE funds created to replace the Aid to Families valuable data on welfare outcomes from appropriated for fiscal year 2001. We with Dependent Children (AFDC) and a variety of perspectives. New data are estimate that this level of funding will Job Opportunities and Basic Skills becoming available to analyze the issues support between 8 and 12 ASPE awards Training (JOBS) programs, ending the above and there is still more we need to with total budgets ranging from $75,000 federal entitlement to assistance and learn about how low-income, to $150,000 for most of these short-term providing funds to states to operate disadvantaged children and families are policy analyses (to be completed within time-limited, work-oriented welfare faring under PRWORA. We are about 12 months of award). These programs. PRWORA also effected interested in the areas of economic figures are provided as guidance but do changes in child support enforcement, outcomes for poor families (e.g., family not constitute minimum or maximum child care, food stamps, disability hardship and well-being); child limits. If additional funding becomes benefits for children, and immigrant outcomes (including the children of available in fiscal years 2001 or 2002, a eligibility for federal, state, and local teen parents); youth outcomes greater number of projects may be benefits. (including teen parents and teen funded. The purpose of TANF, as articulated children); the formation of families (e.g., No federal funds received as a result in the law, is to increase the flexibility marriage, fatherhood, child support, of this announcement can be used to of states in operating a program that is medical child support); and special purchase computer equipment and no designed to (1) provide assistance to populations (e.g., cases that involve funds may be paid as profit to grantees needy families so that children may be domestic violence, mental health or or subgrantees, i.e., any amount in cared for in their own homes or in the substance abuse problems, homeless excess of allowable direct and indirect homes of relatives; (2) end the TANF families, incarcerated parents, costs of the recipient (45 CFR 74.81). dependence of needy parents on cultural or language barriers, learning Our intent is to sponsor research and government benefits by promoting job disabilities, low educational skills, analytic work and not to fund the preparation, work, and marriage; (3) chronic health problems). provision of services. Grant funds prevent and reduce the incidence of out- awarded in the full-proposal phase of of-wedlock pregnancies and establish Part II. Purpose this initiative may not be used to pay for annual numerical goals for preventing ASPE is again interested in soliciting programs or services. and reducing the incidence of these ideas for studies on various aspects of Grantees must provide at least 5 pregnancies; and (4) encourage the welfare reform outcomes from the percent of the total approved cost of the formation and maintenance of two- research community. ASPE is project. The total approved cost of the parent families. announcing this funding opportunity as
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part of our strategy to encourage field- With this announcement, we are 4. Family Formation: We are initiated research on the outcomes of seeking abstracts that propose studies of interested in projects that will increase welfare reform and the impacts of policy welfare reform outcomes, including: our knowledge of the effect of TANF changes on low-income children and 1. Researcher-nominated projects: policies on family structure and families. These studies should focus on Topics that are identified by the functioning, including family outcomes for the broad population of researcher as most important for our composition, poverty, health insurance welfare recipients, former recipients, understanding of welfare reform status, how resources are shared in potential recipients, and other special outcomes, but that do not fall into one cohabiting households before or after populations affected by TANF policies. of the topic categories listed below. leaving welfare, and fertility issues, We will support short-term research and 2. Economic Support for Poor such as teen pregnancy and out-of- data analyses designed to be completed Families: We are interested in (1) wedlock births. We are also interested understanding the characteristics and within 12 months. This funding is in understanding the impact of welfare needs of working poor families and the intended for research and analytical reform on marriage and on the living low-wage labor market, including work, not for the provision of services. arrangements of children, and in supports for families transitioning from Thus, grant funds awarded under this examining how parents are fulfilling welfare such as child care, food stamps, their economic and emotional initiative may not be used to pay for Medicaid, and EITC, and how these responsibilities to their children. Issues programs or services. affect their transition from welfare to of fatherhood, fragile families and ASPE is interested in analyses of the self-sufficiency; (2) understanding how cohabiting households, medical child economic conditions, health and well- the emphasis on work for welfare support and other health care coverage being, socio-demographic families is affecting adults and their for child support-eligible children, and characteristics, and social service needs children, and how they are faring; (3) how children are parented are also of low-income individuals, families and identifying state-specific policies for included in this topical area. There may children affected by TANF policies. We welfare-to-work, such as state flexibility also be issues related to how families want to cover a wide spectrum of policy in the use of TANF funds for non- with immigrant parents and citizen interests related to welfare reform traditional service providers, and children are faring. outcomes, focusing on poverty; working understanding how this is related to 5. Special Populations: We are poor families; supports for low-income successful outcomes for families; (4) interested in (1) examining the welfare- populations; special populations, more fully understanding the economic eligible populations with serious including those with barriers to full status of low-income families (e.g., barriers to succeeding in employment, participation in the work force or those credit and debt, recent trends in poverty including substance abuse, mental who were made ineligible for federal and employment, trends in income health problems, domestic violence, low TANF assistance (such as recent legal mobility); and; (5) understanding the educational skills, and those with immigrants); and programs and policies interaction between welfare reform and multiple problems; (2) examining related to low-income children and housing; in particular, the effect of services for adults and children, youth. Data from a variety of sources housing subsidies on the outcomes of including substance abuse and mental can be used, including state and county welfare reform policies. (Note that the health treatment, domestic violence administrative records or survey data or Department of Housing and Urban services, and programs for incarcerated data from a research project already Development has helped researchers adults and their families; (3) identifying identify the recipients of housing underway. We also encourage the use of supportive services and work strategies, subsidies in the past). national surveys (e.g., the Panel Survey as well as barriers of location, culture, 3. Children and Youth: We are language, and eligibility issues for of Income Dynamics, the National interested in adolescents affected by Longitudinal Survey of Youth-79, specific low-income groups, such as welfare reform, teen parents on welfare immigrants and Native Americans; (4) National Longitudinal Survey of Youth- and the children of these teen parents, understanding how the use of outcome- 97, the Survey of Income and youth who reside in low-income based performance systems, including Participation Dynamics, the Survey of families transitioning from welfare, or incentives and penalties, affect these Program Dynamics, the National sub-populations of youth affected by populations; (5) examining whether Longitudinal Study of Adolescent TANF policies. We would like to welfare caseloads have become more Health, and the Youth Risk Behavior improve our understanding of the disadvantaged over time; and (6) Surveillance System) and impact of welfare reform policies and of understanding how newly ineligible comprehensive state level state TANF/Maintenance of Effort populations, such as recent legal administrative and survey databases (MOE) funding on (1) policies and immigrants and their children and which allow for detailed analytic work outcomes for low-income pregnant family members, have been affected. on a variety of outcomes of welfare women and families with infants and 6. Cross-Cutting Topics. We are reform and the broader policy and toddlers; (2) child care and early interested in cross-generational issues economic environment. For example, childhood education for low-income affecting the low-income population, we are interested in determining populations, including child care for such as kinship networks, cohabitation, relationships between welfare policies children with disabilities; (3) youth housing, intergenerational transmission and successful versus unsuccessful development programs for high-risk of poverty, and the impact of welfare transitions to work. (Note: Despite the youth; (4) the prevention of teen risk reform on teen parents and their positive aspects of using national behaviors; (5) the child protection and children (e.g., living arrangements, surveys, researchers must acknowledge child welfare service systems and their prenatal and other medical care), child and address the limitation that such caseloads (for example, is there an care, child outcomes, and the child-only data may represent periods that precede increasing overlap between child caseload. We are interested in passage of welfare reform legislation or protective caseloads and TANF understanding the impact of local implementation of its major provisions.) participants, divertees, and leavers, service delivery issues, such as We also welcome multidisciplinary which may influence welfare privatization of services, integrated approaches to research questions. outcomes?). service delivery, performance-based
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contracting, and faith- and community- and the address, telephone number, and review the abstracts using the based service delivery. We are also e-mail address of the lead investigator. evaluation criteria listed below to score interested in issues of place (e.g., rural, (This will be the mailing address and each abstract. The panel review results inner-city). the email address used by ASPE to will be the primary elements, along with request full proposals from selected the goal of funding research on a variety Part III. Abstract Application applicants.) The title page must include of topics, that will be used by the Guidelines and Evaluation Criteria an indication of the research question(s) Assistant Secretary for Planning and As noted previously, ASPE is being addressed. A description of the Evaluation in making decisions engaging in a two-part process. proposed data set to be used must also regarding full application submission. Applicants must first submit an abstract be included. The title page must include The Department also reserves the option as described in the application section the total number of months needed for to discuss abstracts with other Federal below. Please read this section carefully. completion of the project and the or State staff, specialists, experts, and Abstracts must comply with the project’s proposed start and end date. the general public. Comments from application guidelines. Abstracts that do This should be the ONLY information these sources, along with those of the not comply with the application on page one. reviewers, will be kept from guidelines will not be considered. 2. Statement of research question. The inappropriate disclosure and may be Abstracts must be received in the statement should briefly discuss the considered in determining which following format: 12 point font size; relevance of the proposed work to the applicants will be requested to submit a Single spaced; 1 inch top, bottom, left, purposes of this announcement. The competitive application for review. and right margins. statement will be reviewed for policy 1. Research Question(s): The research The deadline for receipt of abstracts is relevance and the importance of the must address important unanswered April 6, 2001. An abstract will be research question. Please indicate questions of local or national policy considered as having met the deadline clearly which research question(s) you significance. The proposed research if it is either received at, or hand- are addressing. must contribute significantly to delivered to, the mailing address on or 3. Statement of proposed methods. understanding the outcomes of welfare before April 6, 2001, or postmarked This section should describe the reform. ( 8 points) before midnight three days prior to conceptual model, the data source and 2. Methodology/Merits of the Research April 6, 2001 and received in time to be the analytic methods. This description Design: The research design must considered during the competitive should explicitly relate data sources and identify the study population, indicate review process (within two weeks of the analytic methods to the research issues data sources and demonstrate the deadline). to be addressed. This section must also availability and reliability of proposed Hand-delivered applications will be contain information regarding the data sources and the appropriateness accepted Monday through Friday, researcher’s ability to obtain the data and reliability of data collection excluding Federal holidays, during the and information on when data will be instruments or observational working hours of 9 a.m. to 4:30 p.m. in available, if they are not already. Note techniques, as well as the validity of the lobby of the Hubert H. Humphrey that in the final proposal the researcher analytic methods proposed for building, located at 200 Independence will have to provide assurances that the addressing the research questions and Avenue, SW in Washington, DC. When data are available. If the use of pre- hypotheses. The conceptual model and hand-delivering an application, call TANF data is proposed, the limitation the analysis plan must be clearly (202) 690–8794 from the lobby for pick that such data may represent periods explained. It is important to explain the up. A staff person will be available to that precede passage of welfare reform time frame for the proposed work and receive applications. legislation or implementation of its that explanation must be clear and An original and two copies are major provisions must be addressed. reasonable. If the use of pre-TANF data required, but applicants are encouraged 4. Experience. The principal is proposed, the limitation that such to send an additional 4 copies to ease investigator’s relevant research data may represent periods that precede processing, although applicants will not experience must be described. Other key passage of welfare reform legislation or be penalized if these extra copies are not staff must be identified with a brief implementation of its major provisions included. The original and copies of the description of their relevant experience must be addressed. (4 points) abstract must be mailed to: Adrienne and an indication of the tasks or 3. Experience. The abstract must Little, Grants Officer, Office of the activities for which they will be provide information on the principal Assistant Secretary for Planning and primarily responsible. investigator’s relevant research Evaluation, Department of Health and 5. Estimated budget. This section experience and demonstrate capability Human Services, 200 Independence must include an estimate of staff time to use the proposed data and methods. Avenue, SW, Room 405F, Hubert H. and other direct costs. Information The relevant experience and proposed Humphrey Building, Washington, DC about other funding sources and the roles of other key staff must be 20201, Telephone: (202) 690–8794. contribution that the ASPE funds will presented. (6 points) Abstracts must include the material make must be discussed. Only a total 4. Budget. Applicants must provide indicated below and in the order project budget need be submitted at this an estimate of the total proposed budget, indicated. The information provided in time. Funding from other sources (non- including information about other items 1 through 4 must not exceed 6 federal) should also be identified and funding sources. The contribution of pages. The title page MUST be the first briefly described. ASPE funding must be presented. The page in any submission. Do not include budget must be reasonable for the Part IV. The Review Process a transmittal memo. proposed scope of work. (2 points) 1. Title page. This page should An independent review panel will include a reference to this program review and score all abstracts that are Estimate of Schedule announcement: Policy Research and submitted by the deadline date and ASPE anticipates that abstracts will be Studies on Welfare Reform Outcomes; which meet the screening criteria (all reviewed and selected applicants proposed project title; name of information and in formats required by notified to submit full proposals researcher(s); organizational affiliation; this announcement). The panel will approximately 30 days following the
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deadline for submission of abstracts. We proposed projects or to obtain a copy of through a quarterly and annual expect that full proposals will be the data collection plans and reporting system. This evaluation is required to be submitted within 45 days instruments, call the CDC Reports necessary to understand the impact of of the date of the notification letter. Clearance Officer on (404) 639–7090. CDC’s expenditures and efforts to The Catalogue of Federal Domestic Comments are invited on: (a) Whether support CBOs, and for modifying and Assistance Numbers is 93.239. the proposed collection of information improving the prevention efforts of is necessary for the proper performance Dated: March 1, 2001. CBOs. This data collection will provide of the functions of the agency, including William F. Raub, CDC with standardized data which will whether the information shall have allow CDC to (a) determine the extent to Acting Assistant Secretary for Planning and practical utility; (b) the accuracy of the Evaluation. which HIV prevention efforts have agency’s estimate of the burden of the contributed to a reduction in HIV [FR Doc. 01–5516 Filed 3–6–01; 8:45 am] proposed collection of information; (c) transmission nationally; (b) improve BILLING CODE 4151–04–P ways to enhance the quality, utility, and programs to better meet the goal of clarity of the information to be reducing HIV transmission; (c) help collected; and (d) ways to minimize the focus technical assistance and support; DEPARTMENT OF HEALTH AND burden of the collection of information HUMAN SERVICES and (d) be accountable to stakeholders on respondents, including through the by informing them of progress made in Centers for Disease Control and use of automated collection techniques HIV prevention nationwide. CDC Prevention for other forms of information currently funds 181 CBOs. technology. Send comments to Anne Each CBO will be asked to report on O’Connor, CDC Assistant Reports [60 Day–01–25] the following types of interventions that Clearance Officer, 1600 Clifton Road, it has implemented (a) individual level MS–D24, Atlanta, GA 30333. Written Proposed Data Collections Submitted interventions; (b) group level comments should be received within 60 for Public Comment and interventions; (c) street and community days of this notice. Recommendations outreach; (d) prevention case In compliance with the requirement Proposed Project management; (e) partner counseling and of Section 3506(c)(2)(A) of the Evaluating HIV Prevention Programs referral services; (f) health Paperwork Reduction Act of 1995 for in Community-Based Organizations communications/public information; (g) opportunity for public comment on (CBOs)—New—The National Center for community level interventions; and (h) proposed data collection projects, the HIV, STD, and TB Prevention HIV antibody counseling and testing. Centers for Disease Control and (NCHSTP), Centers for Disease Control The total annual cost to respondents Prevention (CDC) will publish periodic and Prevention (CDC) proposes to is estimated at $30,770 based on an summaries of proposed projects. To evaluate HIV prevention programs in average salary of $35,000 for program request more information on the community-based organizations (CBOs) managers.
Avg. burden Respondents Number of Number of per response Total burden respondents responses (in hrs.) (in hrs.)
Intervention Plan ...... 181 1 2 362 Process Monitoring ...... 181 4 2 1,448
Total ...... 1,810
Dated: February 28, 2001. molecular adjuvant to enhance the may provide staff, facilities, equipment, Nancy Cheal, humoral and cellular immune responses and supplies to the project. There is a Acting Associate Director for Policy, Planning to Respiratory Syncytial Virus (RSV) single restriction in this exchange: CDC and Evaluation Centers for Disease Control and other viral vaccines. The methods MAY NOT PROVIDE FUNDS to the and Prevention. comprise expression of the immune- other participants in a CRADA. This [FR Doc. 01–5494 Filed 3–6–01; 8:45 am] enhancing CD40L molecule with viral opportunity is available until 30 days BILLING CODE 4163–18–P antigens in vaccines or addition of after publication of this notice. CD40L to viral antigens in vaccines to Respondents may be provided a longer augment the antibody and cellular period of time to furnish additional DEPARTMENT OF HEALTH AND immune responses to the vaccine information if CDC finds this necessary. HUMAN SERVICES antigens. RSV is one example of a viral FOR FURTHER INFORMATION CONTACT: agent for which vaccines are sought and Technical: Ralph A. Tripp, Ph.D., Centers for Disease Control and for which CD40L might prove to be a Prevention Respiratory and Enteric Viruses, safe and effective adjuvant. Division of Viral and Rickettsial AGENCY: Centers for Disease Control and Because CRADAs are designed to Diseases, National Center for Infectious Prevention (CDC), Department of Health facilitate the development of scientific Diseases, Centers for Disease Control and Human Services (HHS). and technological knowledge into and Prevention (CDC), 1600 Clifton Rd. ACTION: Notice. useful, marketable products, a great deal NE., Mailstop G–09, Atlanta, GA 30333, of freedom is given to Federal agencies telephone (404) 639–3427. SUMMARY: The Centers for Disease in implementing collaborative research. Business: Lisa Blake-DiSpigna, Control and Prevention (CDC) is seeking The CDC may accept staff, facilities, Technology Development Coordinator, a CRADA partner for collaboration to equipment, supplies, and money from National Center for Infectious Diseases, examine the use of CD40L as a the other participants in a CRADA; CDC Centers for Disease Control and
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Prevention (CDC), 1600 Clifton Rd. NE., Federal Technology Transfer Act: Public Clifton Road, NE, M/S E–45, Atlanta, Mailstop C–19, Atlanta, GA 30333, Law 99–502, as amended. Georgia 30333, telephone 404–639– telephone (404) 639–3227 or by E-Mail The responses must be made to: Lisa 6165. The Director, Management at [email protected]. Blake-DiSpigna, Technology Analysis and Services Office, has been SUPPLEMENTARY INFORMATION: The goal Development Coordinator, National delegated the authority to sign Federal of this CRADA is to seek a partner for Center for Infectious Diseases, Centers Register notices pertaining to collaboration to examine development for Disease Control and Prevention announcements of meetings and other of research animal models (particularly (CDC), 1600 Clifton Rd. NE., Mailstop committee management activities, for for non-human primates) to study both C–19, Atlanta, GA 30333. both the Centers for Disease Control and the safety and efficacy of CD40L as a Dated: March 1, 2001. Prevention and the Agency for Toxic Substances and Disease Registry. vaccine adjuvant. These animal model Joseph R. Carter, systems and vaccines will be used to Associate Director for Management and Dated: March 1, 2001. study the ability of CD40L to enhance Operations, Centers for Disease Control and Carolyn J. Russell, the immune response to (RSV) vaccine Prevention. Director, Management Analysis and Services antigens. These studies will focus on [FR Doc. 01–5503 Filed 3–6–01; 8:45 am] Office, Centers for Disease Control and humoral immune responses (eg. viral BILLING CODE 4163–18–P Prevention. titers), cellular immune responses (eg. [FR Doc. 01–5504 Filed 3–6–01; 8:45 am] cytotoxicity), cytokines and chemokine BILLING CODE 4163–18–P expression, quantification of cell subsets DEPARTMENT OF HEALTH AND at the site of infection (i.e. the HUMAN SERVICES pulmonary cell infiltrate) and DEPARTMENT OF HEALTH AND quantification of viral replication in the Centers for Disease Control and HUMAN SERVICES lungs. Respondents should provide Prevention evidence of expertise in the Administration for Children and development and evaluation of anti- The National Center for HIV, STD and Families TB Prevention of the Centers for viral vaccines and vaccine agents, [Notice of Program Announcement No. evidence of experience in animal Disease Control and Prevention (CDC) ACF/ACYF/HS 2001–05] models systems including non-human Announces the Following External primate models, commercialization of Consultant Meeting Fiscal Year 2001 Discretionary Announcement for Nationwide vaccines and vaccine agents, and Name: External Consultant Meeting Expansion Competition of Early Head supporting data (e.g., publications, on Nonoccupational Antiretroviral Start; Availability of Funds and proficiency testing, certifications, Postexposure Prophylaxis (nPEP). resumes, etc.) of qualifications for the Times and Dates: 8 a.m.–5 p.m., May Request for Applications principal investigator who would be 10, 2001. 8:30 a.m.–3:15 p.m., May 11, AGENCY: Administration on Children, involved in the CRADA. The respondent 2001. Youth and Families (ACYF), will develop the final research plan in Place: Atlanta Hilton and Towers- Administration for Children and collaboration with CDC. Downtown, 255 Courtland Street, NE, Families (ACF), DHHS Applicant submissions will be judged Atlanta, GA 30303. ACTION: Notice of Fiscal Year 2001 Early according to the following criteria: Status: Open to the public, limited Head Start availability of financial 1. Expertise in development and only by the space available. assistance for nationwide expansion and evaluation of anti-viral (RSV) vaccines; Purpose: Attendees at this meeting request for applications. 2. Expertise in evaluation of anti-viral will discuss and make (RSV) vaccines in animal model systems recommendations as individuals to the SUMMARY: The Administration on including non-human primates; Division of HIV/AIDS Prevention- Children, Youth and Families 3. Evidence of scientific credibility; Surveillance and Epidemiology on announces approximately $47 million 4. Evidence of commitment and matters related to the potential use of in financial assistance to be ability to anti-viral (RSV) vaccines and; antiretroviral medications and other competitively awarded to local public 5. Evidence of an existing interventions following sexual, injection and private non-profit and for-profit infrastructure to commercialize drug use, and other non-occupational entities—including Early Head Start and successful technologies. exposures to human immunodeficiency Head Start grantees—to provide child With respect to Government virus with a resulting risk of infection. and family development services for Intellectual Property (IP) rights to any Matters To Be Discussed: Agenda low-income families with children invention not made solely by a CRADA items will include: a review of data on under age three and pregnant women. partner’s employees for which a patent the potential efficacy of antiretroviral Early Head Start programs provide or other IP application is filed, CDC has prophylaxis in occupational, perinatal, early, continuous, intensive and the authority to grant to the CRADA and non-human primate retroviral comprehensive child development and partner an exclusive option to elect an exposures; information on the extent of, family support services on a year-round exclusive or nonexclusive and situations leading to requests for, basis to low-income families. The commercialization license. This option and provision of, nPEP in the United purpose of the Early Head Start program does not apply to inventions conceived States; whether and how additional data is to enhance children’s physical, social, prior to the effective date of a CRADA to determine nPEP efficacy in humans emotional, and intellectual that are reduced to practice under the can be collected; and whether and how development; to support parents’ efforts CRADA, if prior to that reduction to the CDC and the Public Health Service to fulfill their parental roles; and to help practice, CDC has filed a patent should amend its 1998 statement on parents move toward self-sufficiency. application on the invention and has nPEP considerations. Funds will be competitively awarded licensed it or offered to license it to a Contact Person for More Information: under this Notice to increase the third party. This CRADA is proposed Dr. Dawn K. Smith, Medical number of children and families served and implemented under the 1986 Epidemiologist, NCHSTP, CDC, 1600 by the Early Head Start program. There
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are a number of benefits that accrue to indefinite project period. Subsequent following each criterion indicate the communities when new Early Head year budget awards will be made non- numerical weight each criterion will be Start services are initiated and ACYF competitively, subject to availability of accorded in the review process. wishes to reach as many different funds and the continued satisfactory Criterion 1. Objectives and Need for communities as possible. Therefore, in performance of the applicant. However, Assistance (15 Points) selecting successful applicants, ACYF any current Early Head Start grantee will give priority to agencies that are that is successful in this competition The extent to which, based on proposing to provide services in will not be funded for an indefinite community assessment information, the communities that are not currently project period, but rather will be given applicant identifies any relevant served by Early Head Start. a supplement to its current, time limited physical, economic (e.g., poverty in the Current Early Head Start grantees may grant. A grantee, for example, currently community), social, financial, apply to provide services in funded for $200,000 with a project institutional, or other issues which communities that are not currently period ending September 30, 2002, that demonstrate a need for the Early Head served by Early Head Start and may also is awarded another $100,000 through Start program. apply to increase the number of this announcement will then be funded The extent to which the applicant children served within their current as a $300,000 Early Head Start grantee lists relevant program objectives that EHS service area. Any other applicants with a project period that still ends on adequately address the strengths and may apply to establish an Early Head September 30, 2002. This will be true needs of the community. Start program in an area which is regardless of whether the new funds are currently unserved (see Appendix A for to expand services within the grantee’s The extent to which the applicant the list of geographic areas currently current service area or to expand into describes the population to be served by being served and unavailable for new another currently unserved area. Prior to the project and explains why this grantees). the end of an Early Head Start grantee’s population is most in need of the current project period (i.e., September services to be provided by the program. DATES: The closing date and time for 30, 2002, in the above example), ACF receipt of applications is 5 p.m. EDT on The extent to which the applicant will announce a competition for those May 7, 2001. gives a precise location and rationale for areas served by each EHS grantee whose the project site(s) and area(s) to be Note: Applications should be submitted to project period is nearing an end. In such the ACYF Operations Center at: 1815 N. Fort served by the proposed project. If the Myer Drive, Suite 300, Arlington, VA 22209. a competition, current EHS grantees in applicant is a current Early Head Start However, prior to preparing and submitting good standing, who submit acceptable grantee planning to expand its program an application, in order to satisfactorily applications, will be given priority in it needs to demonstrate that the compete under this announcement, it will be funding decisions. geographic area is currently necessary for potential applicants to read the Federal Share of Project Costs: In underserved or, where applicable, full announcement which is available most cases, the Federal share will not be unserved by Early Head Start Programs. through the addresses listed below. more than 80 percent of the total If the applicant does not currently have ADDRESSES: A copy of the program approved costs of the project. an Early Head Start grant, it needs to Matching Requirements: Grantees that announcement, necessary application demonstrate that the proposed service operate Early Head Start programs must, forms, and appendices can be obtained area is currently unserved by Early Head in most instances, provide a non- by contacting: Early Head Start, ACYF Start programs. Federal contribution of at least 20 Operations Center, 1815 North Fort percent of the total approved costs of Criterion 2 Results or Benefits Myer Drive, Suite 300, Arlington, the project. Expected (10 Points) Virginia 22209. The telephone number Available Funds: See Appendix B for is 1–800–351–2293 or email to: the list of the approximate amount of The extent to which the applicant [email protected]. funds available for States. These identifies the results and benefits to be Copies of the program announcement estimates have been developed based derived from the project and links these and necessary application forms can be primarily on: (1) the statutory formula to the stated objectives. downloaded from the Head Start web that determines the distribution of all The extent to which the applicant site at: www.acf.dhhs.gov/programs/hsb. Head Start program funds among the describes the kinds of data to be FOR FURTHER INFORMATION CONTACT: States, and (2) the existing distribution collected and how they will be utilized ACYF Operations Center at: 1815 N. of funds. Applicants will compete to measure progress towards the stated Fort Myer Drive, Suite 300, Arlington, against all other applicants proposing to results or benefits. VA 22209 or telephone: 1–800–351– provide EHS services in the same State Criterion 3 Approach (25 Points) 2293 or email to: [email protected]. or multi-State pool. Applicants that are SUPPLEMENTARY INFORMATION: Tribal Governments of federally The extent to which the applicant Eligible Applicants: Applicants recognized Indian Reservations (or their demonstrates a thorough knowledge and eligible to apply to become an Early designees) will compete against each understanding of the Head Start Head Start program are local public and other. Program Performance Standards. private non-profit and for-profit entities. Anticipated Number of Projects to be The extent to which the applicant Early Head Start and Head Start grantees Funded: It is estimated that there will be are eligible to apply. Applicants are explains why the approach chosen is 100–125 awards. effective in light of the needs, reminded that eligibility to apply for a Statutory Authority: The Head Start objectives, results and benefits grant under this Notice is limited to Act, as amended, 42 U.S.C. 9831 et seq. local agencies, as defined in Section described above. 641(a) and (b) of the Head Start Act. Evaluation Criteria The extent to which the approach is Project Duration: For new Early Head Competing applications for financial grounded in recognized standards and/ Start grantees, the competitive awards assistance will be reviewed and or guidelines for high quality service made through this announcement will evaluated on the six criteria that are provision or is defensible from a current be for one-year budget periods and an summarized below. The point values research or best practices standpoint.
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Criterion 4 Staff and Position Data and Federal match, from local, State, other to receive any necessary instructions. Organization Profiles (15 Points) Federal or private funding sources. Applicants must submit any required The extent to which the proposed The extent to which costs for facilities material to the SPOC as early as possible program director, proposed key project are reasonable and cost effective. so that the program office can obtain The extent to which the salaries and staff, the organization’s experience, and review SPOC comments as part of fringe benefits reflect the level of including experience in providing early, the award process. It is imperative that compensation appropriate for the continuous, and comprehensive child the applicant submit all required responsibilities of staff. and family development services, and materials, if any, to the SPOC and The extent to which assurances are indicate the date of this submittal (or the organization’s history with the provided that the applicant can and will community demonstrate the ability to date of contact if no submittal is contribute the non-Federal share of the required) on the Standard Form 424, effectively and efficiently administer a total project cost. project of this size, complexity and item 16a. scope. Required Notification of the State Single Under 45 CFR 100.8(a)(2), a SPOC has The extent to which the applicant’s Point of Contact 60 days from the application deadline to management plan demonstrates This program is covered under comment on proposed new or sufficient management capacity to Executive Order 12372, competing continuation awards. implement a high quality Early Head ‘‘Intergovernmental Review of Federal SPOCs are encouraged to eliminate Start program. Programs,’’ and 45 CFR Part 100, the submission of routine endorsements The extent to which the organization ‘‘Intergovernmental Review of as official recommendations. demonstrates an ability to carry out Department of Health and Human continuous improvement activities. Additionally, SPOCs are requested to Services Programs and Activities.’’ clearly differentiate between mere Criterion 5 Third Party Agreements/ Under the Order, States may design advisory comments and those official Collaboration (15 Points) their own processes for reviewing and State process recommendations which The extent to which the applicant commenting on proposed Federal may trigger the ‘‘accommodate or presents documentation of efforts assistance under covered programs. explain’’ rule. All States and territories except (letters of commitment, interagency When comments are submitted agreements, etc.) to establish and Alabama, Alaska, Colorado, Connecticut, Hawaii, Idaho, Kansas, directly to the ACF, they should be maintain ongoing collaborative addressed to: William Wilson, Head relationships with community partners. Louisiana, Massachusetts, Minnesota, Montana, Nebraska, New Jersey, New Start Bureau, Grants Officer, 330 C The extent and thoroughness of Street S.W., Room 2220, Washington, approaches to combining Early Head York, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, D.C. 20447. Attn: Early Head Start Start resources and capabilities with Nationwide Competition/Expansion. those of other local child care agencies Vermont, Virginia, Washington, and providers to provide high quality American Samoa, and Palau have A list of the Single Points of Contact child care services to infants and elected to participate in the Executive for each State and Territory can be toddlers which meet the Head Start Order process and have established found on the following web site: Program Performance Standards. Single Points of Contact (SPOCs). http://www.hhs.gov/progorg/grantsnet/ Applicants from these jurisdictions laws-reg/spoc999.htm Criterion 6 Budget and Budget need not take action regarding Executive Justification (20 Points) Order 12372. (Catalog of Federal Domestic Assistance The extent to which the program’s Applications for projects to be Program Number 93.600, Project Head Start) costs are reasonable in view of the administered by federally recognized Dated: March 1, 2001. Indian Tribes are also exempt from the planning and activities to be carried out James A. Harrell, and the anticipated outcomes. requirements of Executive Order 12372. The extent to which the program has Otherwise, applicants should contact Acting Commissioner, Administration on Children, Youth and Families. succeeded in garnering cash or in-kind their SPOC as soon as possible to alert resources, in excess of the required them to the prospective application and Appendix A—Early Head Start
FY 2001 EXPANSION SERVICE AREAS MATRIX
Service area State and county (Local community)
Alabama: Blount ...... The communities of Allgood, Locust Fork and all areas North of those communities. All communities south of Allgood and Locust Folk. Lawrence ...... Entire County. Morgan ...... Entire County. Jefferson ...... Birmingham, Bessemer, Tarrant City, Centerpoint, Adamsville, Grayville, Brookville, Sayre, Roebuck, Ensley, Forrestdale, Gardendale, and other small unincorporated areas; and Referrals from the county welfare agency for teen mothers and mothers with chemical addictions and at risk of child abuse. St. Claire ...... Entire County. Walker ...... Jasper. Shelby ...... Pell City. Entire county, except Pell City. Elmore ...... Bradford. Chilton ...... Entire County. Autauga ...... Autaugaville. Lee ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Russell ...... Entire County. Tuscaloosa ...... Entire County. Montgomery ...... Entire County. Calhoun ...... Anniston. Alaska: Lower Yukon ...... Villages of: Pilot Station and St. Mary’s. Kuskokwin ...... Villages of: Akiak, and Nunapitchuk. Anchorage ...... Municipality of Anchorage. Fairbanks North Star ...... Entire Borough. Kenai Peninsula ...... Tyonek. Arizona: Coconino ...... Flagstaff. Navajo ...... Holbrook. Yavapai ...... Cottonwood. Navajo Nation ...... Navajo Reservation, Navajo School Board. Maricopa ...... School Districts: Balsz, Creighton, Madison, Osborn, and Paradise Valley Unified. Pima ...... School Districts: Amphitheater, Flowing Wells, Tucson and Sunnyside. Graham, ...... Entire County. Santa Cruz ...... Entire County. Conchise ...... Entire County. Greenlee ...... Entire County. Pinal ...... Miami. Gila ...... Entire County. Arkansas: Arkansas ...... Entire County. Logan ...... Entire County. Lonoke ...... Entire County. Conway ...... Entire County. Franklin ...... Entire County. Johnson ...... Entire County. Yell ...... Entire County. Polk ...... Entire County. Pope ...... Entire County. Calhoun ...... Cities of Hampton, Harrell and Thornton. Clay ...... Cities of Rector, Piggott, and Corning. Lawrence ...... City of Walnut Ridge. Randolph ...... City of Pocahontas. Newton ...... Entire County. Ouachita ...... City of Bearden. Mississippi ...... The townships of Leachville, Kaiser, Gosnell, Manila, and Luxora; Boundaries for city of Blytheville are the communities of Yarbo to the north, Dell to the South, Armore 1 to the east and Burdette to the south. Boundaries for the city of Osceola are Richard Prewitt Dr. to the south, Interstate 55 to the west, Jack- sonville Rd. to the east and town of Luxora to the north. Pulaski ...... Townships of College Station, Sweet Homes, Higgins, and Wrightsville to Oak Street. In the City of Little Rock: the township of Granite Mountain; in east Little Rock, east of Main Street to include West Broad- way north and south; Interstate 30 South, Scott Hamilton Rd., Baseline Rd., and Geyer Springs Rd. Sebastian ...... All of wards one and two on the north side of Fort Smith, joined and bordered by the Arkansas River on the north, east and west, ending to the south at Rogers Avenue, Dodson Avenue, and Euper Lane. Union ...... Cities of: Calion, El Dorado, Huttig, Felthensal, Junction City, Norphlet, Smackover, Strong. California: Alameda ...... Albany, Berkeley. San Leandro, Castro Valley, Union City, Fremont, San Lorenzo, Hayward Livermore, Dublin and Pleasanton (Cherryland), and Newark. West Oakland, Chinatown, Central Downtown, San Antonio, Fruitvale, Central East Oakland and Elmhurst. Calaveras ...... San Andreas, Valley Springs and Angels Camp. Colusa ...... Colusa, Grimes, Princeton, Williams, Arbuckle, Maxwell, Meridian. Contra Costa ...... Concord, Pleasant Hill, Antioch, Brentwood, Oakley, Richmond, San Pablo, Pittsburg. Del Norte ...... The cities of Crescent City, Fort Dick, Smith River and surrounding areas. Humboldt ...... Entire County, excluding the Hoopa Valley Indian Reservation. Hoopa Valley Indian Reservation. El Dorado ...... Shingle Springs, El Dorado, El Dorado Hills, Cameron Park, Placerville, Georgetown/Kelsey, Camino/ Polock Pines, Tahoe Basin. Fresno ...... West Fresno, Southeast Fresno and Fresno Unified School District. Kern ...... Northeast Bakersfield, Arvin, Lamont; Metro Bakersfield—Central and Southeast. Kings ...... Corcoran and Hanford. Hanford ...... Avenal and Lemoore. Lake ...... Lake, Mendocino. Lassen ...... Entire County. Modoc ...... Entire County. Siskiyou ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Los Angeles ...... City of Los Angeles: (1) 3rd and Temple on the north, to Hoover, to Vermont, to 7th, to Wilshire, to Hoover and Central on the South border in the downtown L.A., (2) Baldwin Park USD North: Oak Ave. And Arrow Hwy, South: Farnell East: Azusa Canyon, La Serna, Willow, Ardilla, Mayland, West: San Gabriel River; (3) City of South El Monte: North: Garvey Ave, Fern St., Elliot Ave., and Schmidt Rd., South: Whittier Nar- rows Recreation Area, East: San Gabriel River, Fruitvale Ave., (4) El Monte City border; West to Whittier Narrows Recreation Area and Rio Hondo River; North: Century Blvd.; 104th Street; 103rd Street; South: Anderson Fwy (105); East: Prairie Ave.; West: La Cienega Blvd. (5) Gardena: North: El Segundo Blvd.; South: 182 St., Artesia Blvd. and Redondo Beach Blvd; East: Vermont Ave; West: Crenshaw Blvd. and Gramercy Blvd; (6) North: Century Blvd., 104th Street, 103rd Street, South: Anderson Freeway (105), East: Prairie Ave., and West: Crenshaw and Gramercy Blvds (7) Plaza De La Raza North: A.T.& S. F. Railroad and Washington Blvd. South: Lakeland Rd. and Imperial Hwy. East: Shoemaker, Carmenita and Mulberry West: San Gabriel River (605 Freeway); (8) Plaza De La Raza: North: Imperial Hwy; South: Excelsior Dr., Alondra Blvd. And Santa Ana Frwy; East: Valley View Ave., Marquardt Ave.; West: Shoemaker Ave., Bloomfield Ave., Best Ave. and Norwalk City border (9) Pomona USD: North: Foothill Blvd., Lewis Ave., Oak Dr., Parkwood Ln., Harrison Ave., Arrow Ave. and American Ave.; South: Pomona Frwy (60) and Riverside Dr.; East: San Bernardino County Line, Moun- tain Ave., Carnegie Ave., and Towne Ave.; West: Fulton Rd., L.A. County Fairplex, Fairplex Dr., San Bernardino Frwy (10), and Campus Dr; (10) North Hollywood service area: North: Saticoy St.; South: Universal City Border, Acama St. and River- side Dr.; East: Clybourn Ave., Burbank Airport, and Burbank City border; West: Tujunga Ave., Fulton Ave., Coldwater Canyon Ave., and Hollywood Frwy. (170); (11) Harbor City service area: North: Sepulveda Blvd., Lomita Blvd.; South: Palo Verdes Dr., Anaheim St.; East: Harbor Frwy (110) and Normandie Ave.; West: Western Ave., City of Torrance border, and City of Lomita border; (12) North Hollywood, Sunland and harbor city, Wilmington, San Perdo, Lomita, Carson, portions of Torrence and Ranchos PalasVerde, Downey, South central, LA, Westwood, Pomano, Echo Park area, Pico Rivera, Antelope Valley (Lancaster, Palmdale). Bell, bell gardens, and Cudahy; (13) Greater Hollywood area: City of West Hollywood and Mid-Wilshire District. Koreatown, Echo Park, Pico/Union area, Mid-city area and Westlake area. City of Venice. City of Long Beach, central area. Inglewood/South Central LA: North: Slauson Avenue; South: Century Blvd.; East: Avalon Blvd.; West: Van Ness Avenue. The communities of West Adams, Jefferson Park, and University Park. Boundaries: 9th Street on the North, King Blvd. On the South, San Perdro Street on the East, and Crenshaw on the West. Compton. Cities of Santa Monica, West Los Angeles, Culver City, Ingelwood, Lennox, Westchester, Venice, Palms and Mar Vista. Bounded on the north by Wilshire Blvd. To Sepulveda to Olympic, East by Beverly Drive to Pico to Durango to La Cienega to Jeffereson to Sepulveda to Centinela to Prairie; South by Imperial Highway to Sepulveda to Lincoln to Admiralty Way to washington, West by the Pacific Ocean. Marin ...... San Rafael, Novato, Corte Madera, Greenbrae, San Anselmo. Mendocino ...... Ukiah, Willits. Nevada ...... Entire County. Placer ...... Entire County. Sacramento ...... (1) The City of Sacramento: the communities of Del Paso Heights, North Sacramento/Gardenland, Mid- town, Oak Park, South Sacramento, Meadowview, Natomas, Land Park and Arden/Howe; (2) the cities of Citrus Heights and Galt and; (3) the towns of Rio Linda/Everta, North Highlands, Foothill Farms, Orangevale, Carmichael, Fair Oaks, Rancho Cordova, South Sacramento, Franklin/Laguna, Elk Grove, and Antelope; and (4) Woodland, Winters, Davis and West Sacramento. San Diego ...... Central San Diego, Peninsula, National City, Southeast San Diego, (2) Mid-City, Coastal Poway, Sweet- water, Chula Vista, and South Bay. Campo Reservation, Rincon Reservation, San Pasqual Reservation, Pauma Reservation, and Pala Res- ervation. San Bernardino County, City Of San Bernardino Oceanside, Vista, San Marcos, Fallbrook, Valley Center, Rincon, Pauma, and Pala. San Francisco ...... Chinatown, Tenderloin, Visitation Valley; and parts of Northbeach, Civic Center, and Bayview Hunters Point. San Joaquin ...... Lodi, Stockton, Manteca, Lathrop. San Mateo ...... Half Moon Bay. Santa Barbara ...... Santa Maria, Lompoc, Santa Barbara and Summerland. Santa Clara ...... Northwest and central San Jose. Santa Cruz ...... Watsonville and Santa Cruz. Shasta ...... Entire County. Trinity ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Stanislaus ...... Westside of county areas of Westley and Patterson. Sutter ...... Entire County. Yuba ...... Entire County. Tulare ...... Entire County. Ventura ...... Oxnard, Hueneme, Santa Paula, Fillmore and Piru. Yolo ...... Entire County. Riverside ...... Banning, Beaumont. Saboba Reservation, Morongo Reservation, and San Jacinto. Sonoma ...... Sebastopol, Petaluma, Guernville, Sonoma, Rohnert Park, Windsor, Santa Rosa. San Luis Obispo ...... Entire County. San Benito ...... Entire County. Monterey ...... Entire County. Seaside, Marina, E. Salinas, Pajaro, Casroville, Prunedale, Soledad, Gonzales, and surrounding rural areas. Colorado: Adams ...... (1) City of Aurora: North to the city limits of Aurora; South to Mississippi St, East of Yosemite St, and West of Chambers Rd. (2) Beginning at north 54th Avenue and Peoria, go 54th east to Chambers; Chambers south to I–70, I–70 West to Peoria, Peoria north to 54th Avenue; (3) North Aurora bounded by Aurora and Dayton/Havana (West), I–225 (East) Mississippi Ave.(south and I–70(North). Arapahoe ...... Colfax Avenue (county line) on the North, Mississippi Avenue on the South, Chambers Road on the East and Yosemite Street (county line) on the West. Crowley ...... Entire County Denver ...... City of Denver: (1) SW portion of the city, defined as within Federal Blvd to the East, Sheridan Blvd on the west, Hampden Ave to the south and Alameda Ave to the north; (2) NW Denver is bordered by Federal Blvd on the west, Interstate 25 on the east, 52nd Ave to the north and 38th Ave to the south; and (3) W Central Denver, defined by I -25 on the east, Sheridan Blvd on the west, 26th Ave on the north and 6th Ave to the South; (4) NE Denver: defined as 38th Ave. to the North, Park Ave. to the South, York Street to the East and I–25 to the West. (5) The area bounded by 52nd Avenue on the North, Alameda Boulevard on the South, Broadway Avenue on the East and Sheridan Boulevard on the West. (6) Beginning at north Broadway and 38th avenue, go east to Yosemite; Yosemite south to 11th Avenue, 11th Avenue west to Quebec; Quebec south to Hampden; Hampden west to Broadway; Broadway north to 35th Avenue (7) Beginning at North 54th Avenue and Peoria, go 54th East to Chambers Rd. Chambers South to I–70, I–70 West to Peoria, Peoria North to 54th Avenue. (8) Five Points, Cole, East Colfax, Whittier, Clayton, Northeast Park Hill, Cheeseman Park, Montbello, City Park, Globeville, Skyland and North Capitol Hill; bounded to the north by Broadway and 38th Ave., east to Yosemite, south to 11th Ave, west to Quebec; Quebec south to Hampden, Hampden west to Broad- way, Broadway north to 35th Ave. Eagle ...... Entire County. El Paso ...... School Districts #2 and #11 boundaries. Fremont ...... Entire County. Otero ...... Entire County. Larimer ...... Pourde School District boundary that includes the cities of Fort Collins, LaPorte, Timnath and Wellington, and the communities of Ft. Collins, Wellington, La Porte, Loreland and surrounding areas. Navajo Nation ...... Navajo Reservation, Navajo School Board. La Plata ...... Within the boundaries of the Southern Ute Reservation and the Ignacio School District. Connecticut: Fairfield ...... (1) Neighborhoods of (1) The Hollow, (2) West End, (3) South End, (4) North End, (5) East End, (6) East Side; and the city of Bridgeport; and The City of Stamford. Hartford ...... Cities of Manchester and Vernon. Litchfield ...... Towns of Torrington, Winston, Canaan, & New Milford. Middlesex ...... Towns of Middletown, Essex, Portland, Clinton, Westbrook, East Hampton and Deep River. New Haven ...... City of Waterbury. Windham ...... Towns of Brooklyn, Danielson and Willimantic. Delaware: New Castle ...... Entire County. Sussex ...... Georgetown. Florida: Alachua ...... Communities of Majestic Oaks, Sugarfoot Oaks, Tower Oaks, Cedar Ridge, Clayton Estates, Magnolia Plantation. Apalachicola ...... Entire County. Bay ...... Panama City Beach. Jackson ...... Graceville. Baker ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Brevard ...... Entire County and Cities of Coca, Titusville, Palm Bay and Melbourne. Broward ...... Pompano Beach, Hollywood. Collier ...... Entire County. DeSota ...... Entire County. Glades ...... Entire County. Hardy ...... Entire County. Henry ...... Entire County. Highlands ...... Entire County. Columbia ...... Lake City. Dade ...... City of Homestead and towns of Brownsville, Scott Carver, Liberty City, Winwood, Goulds, Leisure City, Carol City and OpaLocka. Gadsden ...... Entire County. Gulf ...... Wewahitchka, Port St. Joe. Hillsboro ...... Tampa, Plant City. Jefferson ...... Greenville. Madison ...... Entire County. Lake ...... Clermont, Eustis, Leesburg, Mount Dora, Montclair Village, Groveland. Lee ...... Entire County. Marion ...... Entire County. Martin ...... Hobe Sound (Banner Lake, Pettway, Gomez), Port Salerno (Gomez, Jack Avenue, Rocky Point, New Mon- rovia), Stuart (Golden Gate, East Stuart). Okaloosa ...... Crestview–20 mile radius. Palm Beach ...... Pahokee, South Bay and Belle Glade-Western region of county, West Palm Beach, North-South West Palm Beach, S. Bay, Riviera Beach, Lake Worth, Boynton Beach, Delray Beach. Sarasota ...... Sarasota, Cities of Newton, Venice and North Port. Hillsborough ...... Tampa (Ybor City, North Tampa, Sulfhur Springs), Plant City. St. Lucie ...... Entire County. Santa Rosa ...... Milton, Santa Rosa Co. Dixie ...... Cross City. Gilchrist ...... Trenton. Levy ...... Chiefland, Yankeetown, Williston, Bronson. Volusia ...... Cities of Daytona Beach, Pierson, Deland, and New Smyrna. Mantee ...... Entire County, including the Cities of Bradenton and Palmetto. Georgia: Chatham ...... Savannah. Chattooga ...... Entire County. Catoosa ...... Entire County. Dekalb ...... Decatur, City of Decatur, Ellenwood, Lithonia, Stone Mountain. Emanuel ...... Swainsboro, Twin City, Summertown, Adrian, Oak Park, Lexsy, Garfield, Stillmore. Fulton ...... East Point, Alpharetta, Roswell, Sandy Springs. Cabbagetown. Clayton ...... Jonesboro. Cobb ...... Marietta. Douglas ...... Douglasville. Gwinnett ...... Lawrenceville. Dekalb ...... Decatur, City of Decatur, Elennwood, and Lithonia. South Dekalb bounded by Covinton Highway, Brown’s Mill Road and Bouldercrest Road. Hall ...... Entire County. White ...... Entire County. Forsyth ...... Entire County. Hart ...... Entire County. Sumter ...... Americus. Whitfield ...... South of Tilton and North of Varnell. Murray ...... North of Eton and South to North Georgia Speedway. Carroll ...... City of Carrollton. Entire County., except City of Carrollton. Troup ...... LaGrange. Coweta ...... Newnan. Clarke ...... Athens. Greene ...... Entire County. Morgan ...... Entire County. Hawaii: Hawaii ...... South Kona & North Kona, South Kahala & North Kahala. Maui ...... Lanai, Makawao/Upcountry, Hana/East Maui, Lahaina/West Maui Wailuku & Kahulu-Central Maui and Kihei-South Maui. Oahu ...... Waipahu to Hawaii Kai; Honolulu vicinity defined by Hawaii Kai (Koolauloa): Kaaawa, Hau’ula, Laie, Kahuku, Pupukea (North Shore) Sunset, and Kahana Valley. Leeward Oahu: Waianae Coast, Windward Oahu: Kailua. Idaho: Bonner ...... Community of Sand Point.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Kootenai ...... Cities of Coer d’Alene, Post Falls and surrounding areas. Nez Perce ...... Entire county, except the Nez Perce Reservation and Asotin County, WA. Nez Perce Reservation. Lewis ...... Nez Perce Reservation. Clearwater ...... Nez Perce Reservation. Illinois: Champaign ...... Entire County. Clinton ...... Entire County. Washington ...... Entire County. Cook County ...... South Chicago / Lower West Side. Near South / Armour Square. New City/ West Englewood/ Englewood. Communities of: Cicero: Berwyn, and Cicero; Maywood: Broadview, Elmwood Park, Norridge, Franklin Park, Hillside, Maywood, North Riverside, River Grove, Schiller Park, Stone Park; Bellwood: Bellwood, Berkley, Brookfield, Forest Park, La Grange Park, Melrose Park, Northlake, North Riverside, West- chester, and Western Springs; Robbins: Blue Island, Harvey, Calumet Park, Riverdale, Dixmoor, and Robbins; Summit: Burbank, Hickory Hills, Worth, Hometown, Willow Springs, Oak Lawn, Justice, Notting- ham Park, Chicago Ridge, Bridgeview, Summit, Hodgkins, Bedford Park, Palos Hills, Lyons, La Grang. Uptown Community. Rogers Park. West Humboldt Park Community and New City Community. Evanston Township; Community of Grand Boulevard; Communities of Oakland, Albany, Park, North Lawndale, Gage Park, Fuller Park, Near West Side, Rose- land, West Town, Austin, Logan Square, West Pullman, Chatham, Woodlawn, Washington Heights, Near North Side, Garfield Park, and Douglas. Edwards ...... Entire County. Saline ...... Entire County. Gallatin ...... Entire County. Hamilton ...... Entire County. Wabash ...... Entire County. Wayne ...... Entire County. White ...... Entire County. Kane ...... Towns of Elgin, Aurora, and Carpentersville. Sangamon ...... Sangamon. St. Clair ...... District 1/East St. Louis; District 3/ Cahokia—Centreville. Peoria ...... City of Peoria. Madison ...... Towns of Alton, Granite City, Pontoon Beach, Venice, Collinsville and E. Alton. Will ...... Town of Joliet. Williamson ...... Entire County. Franklin ...... Entire County. DuPage ...... Towns of Bensenville & surrounding areas, Wheaton, West Chicago,Villa Park, and Lombard. Lake ...... Entire County. Hancock ...... Entire County. McDonough ...... Entire County. Pike ...... Entire County. Indiana: Ada ...... Entire County. Blackford ...... Entire County. Grant ...... Entire County. Clay ...... Entire County. Owen ...... Entire County. Putnam ...... Entire County. DeKalb ...... Entire County. Howard ...... Entire County. Miami ...... Entire County. Lawrence ...... Entire County. Martin ...... Entire County. Orange ...... Entire County. Washington ...... Entire County. Madison ...... Madison County. Marshall ...... Entire County. Starke ...... Entire County. Marion ...... Pike, Washington, Lawrence, Wayne, Center, and Warren Townships. Tippecanoe ...... Entire County. Vanderburg ...... Town of Evansville. Vigo ...... Entire County. Knox ...... Entire County. Sullivan ...... Entire County. Koscinsko ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Iowa: Allamakee ...... Entire County. Audubon ...... Entire County. Blackhawk ...... City of Waterloo Calhoun ...... Entire County. Carroll ...... Entire County. Cherokee ...... Entire County. Clarke ...... Entire County. Clay ...... Entire County. Clayton ...... Entire County. Dallas ...... Entire County. Decatur ...... Entire County. Des Moines ...... Entire County. Greene ...... Entire County. Guthrie ...... Entire County. Hamilton ...... Entire County. Hardin ...... Entire County. Henry ...... Entire County. Humboldt, ...... Entire County. Lee ...... Entire County. Linn ...... Entire County. Louisa ...... Entire County. Marshall ...... Entire County. Plymouth ...... Entire County. Polk ...... West—County Line from Raccoon River to 9400 N. North—9400 N to NW 58th to NW 110th Place to NE 22nd Street to NE 118th Street. East—NE 29th to I–80 to NE 120th Street to East University to NE 64th Street to SE 6th to SE 60th to the Des Moines River to I–65 to 80th SW. South—80th SW/County Line from Des Moines River to 9800 W. Poweshiek ...... Entire County. Sac ...... Entire County. Scott ...... City of Davenport: West Boundary—an area bounded by the West side of I–280 on the west edge of Dav- enport continuing from the Mississippi River north to the north side of I–80 on the north edge of Dav- enport; North boundary: From a point where I–280 meets I–80 continuing east to the east side of I–74 on the east edge of Davenport; East boundary: From the north starting point of I–74 where it meets I– 80, continuing south of I–74 to the Mississippi River; South boundary: East from the east side of I–74 west along the Mississippi River to the west edge of I–280 where I–280 meets the river. Story ...... Entire County. Tama ...... Entire County. Webster ...... Entire County. Woodbury ...... Entire County. Wright ...... Entire County. Kansas: Atchinson ...... Entire County. Brown ...... Entire County. Doniphan ...... Entire County. Jefferson ...... Entire County. Leavenworth ...... Entire County. Marshall ...... Entire County. Nemaha ...... Entire County. Potawatomi ...... Entire County. Jackson ...... Entire County, except the Potawatomi Reservation and the towns of Hoyt and Mayetta. Prairie Band of Potawatomi Reservation and two communities adjacent to the reservation, Hoyt and Mayetta. Cherokee ...... Entire County. Crawford ...... Entire County. Labette ...... Entire County. Montgomery ...... Entire County. Clay ...... Entire County. Cloud ...... Entire County. Dickerson ...... Entire County. Ellsworth ...... Entire County. Saline ...... Entire County. Ford ...... Entire County. Johnson ...... City of Overland Park: North of I–435 to 47th Street, West of State Line Road to Lackman Road in North- east Johnson County. Lyon ...... Entire County. Riley ...... Entire County. Rush ...... Entire County. Russell ...... Entire County. Ellis ...... Entire County. Sedgwick ...... City of Wichita: an area bounded by Murdock Street on the North. 47th South Street on the South. Woodlawn Street on the East and Main Street on the West.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Shawnee ...... Entire County. Sumner ...... Entire County. Washington ...... Entire County. Wyandotte ...... Kansas City: bounded by: Wyandotte/Douglas County Line on the West. The Wyandotte/Johnson County Line on the South and the Kansas/Missouri State Line on the North and East. Finney ...... Garden City. Kentucky: Bourbon ...... Entire County. Fayette ...... Entire County. Harrison ...... Entire County. Nicholas ...... Entire County. Scott ...... Entire County. Breckinridge ...... Entire County. Grayson ...... Entire County. Calloway ...... Entire County. Carlisle ...... Entire County. Fulton ...... Entire County. Marshall ...... Entire County. Hickman ...... Entire County. Ballard ...... Entire County. Graves ...... The towns of Mayfield, Fancy Farm, Lowes, Sedalia, Symsonia and Wingo. Warren ...... Bowling Green, Rockville, Albaton, Rich Panel, Plano. McCracken ...... Paducah, Concord, Farley, Heath, Hendron, Loneoak. Christian ...... Hopkinsville. Daviess ...... Owensburg. Ohio ...... Entire County. Lyon ...... Entire County. Trigg ...... Entire County. Harlan ...... Entire County. Clay ...... Entire County. Knox ...... Entire County. Harrison ...... Entire County. Jefferson ...... Entire County. Knott ...... Hindman, West Caney. Letcher ...... Jenkins, Fleming. Lincoln ...... The towns of Paducah, Concord, Farley, Heath, Hendron and Loneoak. Owsley ...... The towns of Bowling Green, Rockfield, Albaton, Rich Panel, and Plano. Bullitt ...... Mt. Washington. Casey ...... Entire County. Cumberland ...... Entire County. Green ...... Entire County. Taylor ...... Entire County. Bell ...... Communities of Pineville, Middlesboro and Yellow Creek. Whitley ...... Communities of Williamsburg and Oak Grove. Louisiana: East Baton Parish ...... City of Baton Rouge: 1. The area located in North Baton Rouge starting at the center of Airline Highway and the Louisiana and Arkansas Railroad; east and then south to the center of Winbourne Avenue; west to the center of North Foster; south to the center of Choctaw Drive; west to the center of the north bound lane of N. Acadian Thruway; north to the south side of Linden; west to the center of Plank Road; north to the north side of Hollywood; west to the west side of Scenic Highway; north to Monte Sano Bayou; west to the Louisiana & Arkansas Railroad; north to the point of beginning. 2. Beginning at the west side of Plank Road and the center of Hopper Road; east to the south side of Mickens; southeast to the west side of Lanier Drive; south to the north of Oak Apple Avenue; west to the west end of Oak Apple Avenue; south to the south of Maplewood Avenue; east to the west side of La- nier Drive; south to the south of Greenwell Street; west on the south side of Greenwell Street to the cen- ter of Airline Highway; west to the west side of Plank Road; north to the point of beginning. 3. An area beginning at Long Allen Bridge (US Highway 190 Bridge/Mississippi River Bridge); east and south on US Highway 190 to Florida Blvd.; south on US Highway 61 to Bayou Manchac (parish line); southwest along the center of Bayou Manchac to Mississippi; north to point of beginning. Bossier Parish ...... Entire Parish. Iberia Parish ...... Entire Parish. Lafayette Parish ...... Entire Parish. St. Martin Parish ...... Entire Parish. Rapides Parish ...... Entire Parish. St. Charles Parish ...... Entire Parish. St. Helena Parish ...... Entire Parish. St. Tammany Parish ...... The Northern portion of St. Tammany Parish bordered on the North by the St. Tammany/Washington Par- ish Line, bordered on the East by the Pearl River/Mississippi State Line, bordered on the South by US Highway 190, and bordered on the West by the St. Tammany-Tangipahoa Parish.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Tangipahoa Parish ...... South portion of Tangipahoa Parish bordered on the North by Louisiana State Highway 16, bordered on the East by the Tangipahoa-St. Tammany Parish Line, bordered on the South by State Highway 22, and bordered on the West by the Tangipahoa-Livingston Parish Line. Washington Parish ...... Entire Parish. West Feliciana Parish ...... Entire Parish. Maine: Androscoggin ...... City of Lewiston. Franklin ...... Entire County; Towns of Livermore, Livermore Falls. Cumberland ...... Entire County. Northern Kennebec ...... Entire County. Somerset ...... Entire County. Southern Oxford ...... South Paris, Buckfield, Summer, Hartford. Maryland: Allegany ...... Entire County. Baltimore ...... City of Baltimore: (1) The communities of Edmondson Village Sandtown/Winchester, Reservoir Hill, Park Heights (upper and lower), Washington Village/Pigtown, Mideast, Forest Heights, Mondawmin, Howard Park, Rosemount, Franklin Square/Poppletown, Penn/Druid/Uppertown, Green Mount East, Hopkins Middleast, Madison East End, Cherry Hill, Brooklyn/Curtis Bay, Claremount, Armstead, Beechfield/Irvington, Belair/Edison, Waverly, Govans, Hampden/Woodbury, and Barclay (2) The area bounded on the North by Monument Street, on the South by the Waterfront, on the East by the City Line and on the West by Broadway Street; Caroline County; and Southern Anne Arundel Coun- ty, including the towns of Harwood, West River, Galesville, Lothian, Churchton, Deale, Shady Side and Traceys Landing. The area bounded on the North by Monument Street, on the South by the Waterfront, on the East by the City Line and on the West by Broadway Street; Caroline County; and Southern Anne Arundel County, in- cluding the towns of Harwood, West River, Galesville, Lothian, Churchton, Deale, Shady Side and Tra- ceys Landing. Caroline ...... Entire County. Anne Arundel ...... The towns of Harwood, West River, Galesville, Lothian, Churchton, Deale, Shady Side and Traceys Land- ing. Cecil ...... Entire County. Dorchester ...... Entire County. Garrett ...... Entire County. Harford ...... Entire County. Montgomery ...... (1) Gaithersburg and Germantown; (2) Rockville South of Route 28, Silver Spring and Takoma Park. Prince Georges ...... Hyattsville, Riverdale and Langley Park. Massachusetts: Bristol ...... City of Fall River, and the Towns of Somerset, Swansea, Rehoboth, Dighton, Freetown, Berkley, Lakeville, and Seekonk Towns of Raynham and Taunton. Essex ...... Cities/Towns of Lawrence, Methuen, Andover and N. Andover. Franklin ...... Towns of Greenfield, Orange and Turners Falls. Hampden ...... Cities of Holyoke, Chicopee and Springfield. Middlesex ...... City of Somerville. City of Lowell. Suffolk ...... City of Boston: North Dorchester, South Dorchester, Mattapan-Franklin, Roslindale, West Roxbury, Hyde Park, East Boston, Charlestown, South Boston, Central, South end, Fenway-Kenmore, Allston-Brighton, Jamaica Plain, Roxbury, except Back Bay-Beacon Hill neighborhood. City of Boston: North Dorchester, South Dorchester, Mattapan-Franklin, Roslindale, West Roxbury, Hyde Park, East Boston, Charlestown, South Boston, Central, South end, Fenway-Kenmore, Allston-Brighton, Jamaica Plain, Roxbury, except Back Bay-Beacon Hill neighborhood. Worcester ...... Towns of Southbridge, Webster and Oxford. Norfolk ...... Quincy, Braintree, Weymouth, and Milton. Plymouth ...... Hull. Michigan: Alger ...... Entire County. Marquette ...... Entire County. Alpena ...... Entire County. Bay ...... Entire County. Iosco ...... Entire County. Arenac ...... Entire County. Cheboygan ...... Entire County. Ogemaw ...... Entire County. Antrim ...... Entire County. Benzie ...... Entire County. Charlevoix ...... Entire County. Emmet ...... Entire County. Grand Traverse ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Jackson ...... North of I–94 to Seymore Rd., South of I–94 to US–12, East of US–127 to Clear Lake Rd., West of US– 127 to M–99. The cities and towns of Brooklyn, Cement City, Clarke Lake, Concord, Grass Lake, Hor- ton, Jackson, Michigan Center, Napolean, Parma, Spring Harbor, and Springport. Kalkaska ...... Entire County. Leelanau ...... Entire County. Missaukee ...... Entire County. Roscommon ...... Entire County. Wexford ...... Entire County. Delta ...... Entire County. Menominee ...... Entire County. Hannahville Reservation. Schoolcraft ...... Entire County Baraga ...... Entire County. Keweehaw Reservation. Houghton ...... Entire County. Keweenaw ...... Entire County. Genesee ...... (1) Carman-Ainsworth School District and Bendel School District. (2) Eligible families enrolled in the Michigan Job Corps, Mott Community College, U of MI–Flint, and the Career Alliance Program (Sylvester Broome Training Center); Flint School District including service areas of Holmes and Whittier; and School Districts of Clio, Montrose, Mt. Morris, Genesee, Kearsley, West Wood Heights and Flushing. Clare ...... Entire County. Gladwin ...... Entire County. Mecosta ...... Entire County. Midland ...... Entire County. Osceola ...... Entire County. Luce ...... Entire County. Mackinac ...... Entire County. Ionia ...... Entire County. Isabella ...... Entire County. Gratiot ...... Entire County. Montcalm ...... Entire County. Gogebic ...... Entire County. Lac Vieux Desert Reservation. Ontonagon ...... Entire County. Kent ...... City of Grand Rapids. (1) North Boundary-3 Mile Road; East Boundary-East Beltline Ave (except East Grand Rapids); South Boundary-28th Street; West Boundary-Byron Center Road/Covell Avenue/Walker Avenue; (2) South of Grand Rapids in an area bounded by 28th Street to the north, Patterson Avenue to the East, 68th Street to the south, and Byron Center Avenue to the West. Manistee ...... Entire County. Lake ...... Entire County. Newaygo ...... Entire County. Mason ...... Entire County. Huron ...... Entire County. LaPeer ...... Entire County. Sanilac ...... Entire County. Tuscola ...... Entire County. Ottawa ...... Town of Ferrysburg, Grand Haven Township, Spring Lake Township, Crockery Township, and Robinson Township within Ottawa County. Wayne ...... The following neighborhoods are being served within the city of Detroit: (1) Woodland St. /Oakland St./Warren Av./Byron St. (2) Fullerton St./Byron St./W. Grand Blvd./Holmur St. (3) Puritan St./Thomas St./Fullerton St./Meyers Rd. (4) 8 Mile Rd./Southfield Fwy./Puritan St./Five Points St. (5) Puritan St./Southfield Fwy./Fullerton St./Telegraph Rd. Calhoun ...... Entire County. St. Joseph ...... Entire County. Mackinac ...... Entire County. Luce ...... Entire County. Delta ...... Entire County. Schoolcraft ...... Entire County. Marquette ...... Entire County. Elger ...... Entire County. Chippewa ...... Entire County. Bay Mills Reservation. Sault Ste. Marie Tribe of Chippewa Reservation. Delta ...... Little Traverse Bay Band Reservation. Emmet ...... Little Traverse Bay Band Reservation. Charlevoix ...... Pokagom Reservation. Otsego ...... Pokagom Reservation.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Cass ...... Pokagom Reservation. Berrien ...... Entire County. Van Buren ...... Entire County. Ingham ...... City of Lansing, Lansing School District. Minnesota: Anoka ...... Entire County. Becker ...... White Earth Reservation. Hubbard ...... White Earth Reservation. Mahnomen ...... White Earth Reservation. Beltrami ...... Entire County. Cass ...... Entire County. Crow Wing ...... Entire County. Morrison ...... Entire County. Todd ...... Entire County. Kittson ...... Entire County. Lake of the Woods ...... Entire County. Marshall ...... Entire County. Roseau ...... Entire County. Ramsey ...... Western half of county and school districts Moundview/ Roseville School District and North St. Paul-Maple- wood-Oak Dale School District, and White Bear Lake School District. Boundaries: City of St. Paul, Inter- state 35, Interstate 94 and Lafayette Road. Benton ...... Entire County. Sherburne ...... Entire County. Stearns ...... Entire County. Mille Lacs ...... Mille Lacs Reservation. Hennapin ...... City of Minneapolis. City of Minneapolis; Brooklyn Park, Golden Valley, & Richfield. Mississippi: Leflore ...... Greenwood. Harrison ...... Biloxi. Hinds ...... Entire County. Holmes ...... Lexington, Ebenezer, Bowling Green. Jones ...... City of Laurel and Towns of Ellisville and Soso. Copiah ...... Job Corp site-Crystal Springs. Leake ...... Walnut Grove. Newton ...... Entire County. Monroe ...... Entire County. Lee ...... Entire County, except Tupelo. Tupelo. Lafayette ...... Oxford. Grenada ...... Grenada. Marshall ...... Byhalia, Holly Springs. Panola ...... Batesville. Pontotoc ...... Entire County. Tallahatchie ...... Glendoro. Tate ...... Senatobia. Tunica ...... Entire County. Chickasaw ...... Houston. Oktibbeha ...... Starkville. Clay ...... West Point. DeSota ...... Walls. Lowndes ...... Columbus. Noxubee ...... Macon. Washington ...... Hollandale, Arcola, Tralake, Murphy. Henry ...... Eminence. Leake ...... Mississippi Band of Choctaw Indians Reservation: Community of Redwater. Neshoba ...... Mississippi Band of Choctaw Indians Reservation: Communities of Pearl River, Boguechitto, and Tucker. Missouri: Adair ...... Entire County. Barry ...... Entire County. Bates ...... Entire County. Christian ...... Entire County. Dade ...... Entire County. Dallas ...... Entire County. Lawrence ...... Entire County. Greene ...... City of Springfield: North Boundary—by I–44. South Boundary—by Battlefield Road. East Boundary—by Hwy 65. West Boundary—by Haseltine Road. Polk ...... Entire County. Stone ...... Entire County. Taney ...... Entire County. Webster ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Cass ...... City of Peculiar. Henry ...... City of Clinton. St. Clair ...... City of Osceola. Buchanan ...... Entire County. Cape Girardeau ...... Entire County. Lafayette ...... Entire County. Chariton ...... Entire County. Johnson ...... Entire County. Ray ...... Entire County. Saline ...... Entire County. Jackson ...... City of Kansas City bounded to the North by Missouri River; to the West: by the State Line Road; to the South by 112th Street and to the East by Hillcrest Road. Jasper ...... Entire County. Newton ...... Entire County. Knox ...... Entire County. St. Charles ...... Entire County, including: (1) City of St. Charles: an area bordered from south, east and west city limit boundary to the Hunters Ridge cutoff to the north; and; (2) City of St. Peters: an area bordered from the south, west and north city limit to the Kimberly Street cut- off to the east. Montgomery ...... Entire County. Lincoln ...... Entire County. Warren ...... Entire County. Cooper ...... Entire County. Moniteau ...... Entire County. Morgan ...... Entire County. Pettis ...... Entire County. St. Louis ...... (1) St. Louis County—North—Missouri River. South: Meramec River. East—Mississippi River, except for St. Louis City which borders St. Louis County on the following streets: Riverview, Goodfellow, Skinker- McCausland, River Des Peres and Carondelet. West—Wild Horse Creek Road, Ossenfort Road, Boguett Road and Fox Creek Road. (2) St. Louis City—East—Mississippi River. North, South and West—Borders St. Louis County on the fol- lowing streets: Riverview, Goodfellow, Skinker-McCausland, River Des Peres, and Carondelet. (3) St. Louis City—South—Forest Park Parkway and portions of Forest Park. West—Skinker Boulevard/ Kienlen/Jennings Station Road. North—West Florissant Road. East Grand Boulevard. (4) St. Louis City: South—By Meramec Street. West—by Grand Avenue to Arsenal Avenue, Arsenal Ave- nue west to Kingshighway Blvd. North to Columbia Avenue west to Hampton, Hampton north to Highway 40(64) west to Skinker Avenue, north to Forest Park Parkway. North—by Forest Park Parkway to Grand Avenue, Grand Avenue north to St. Louis Avenue. St. Louis Avenue west to Clay Avenue. Clay Avenue north to Natural Bridge. Natural Bridge west to Clay Avenue. Clay Avenue north to West Florissant to Adelaide. Adelaide north to Highway 70. East—by Highway 70 to Chouteau Avenue. Chouteau Avenue east to the river and the river south to Meramec. Marion ...... Entire County. Boone ...... Entire County. Montana: Beaverhead ...... Entire County. Silver Bow ...... Entire County. Lincoln ...... School District #4 boundary that includes the city of Libby. Missoula ...... Entire County. Yellowstone ...... City of Billings and School District #2 boundary that includes the city of Lockwood). Glacier ...... Blackfeet Reservation. Lake ...... Flathead Indian Reservation. Nebraska: Adams ...... Entire County. Clay ...... Entire County. Franklin ...... Entire County. Hall ...... Entire County. Nuckolls ...... Entire County. Webster ...... Entire County. Box Butte ...... Entire County. Dawes ...... Entire County. Douglas ...... City of Omaha: an area bordered North—I–680. South—Harrison Street (Sarpy County Line). East—Mis- souri River. West by 72nd Street. City of Omaha: an area bordered North—I–680. South—Harrison Street (Sarpy County Line). East—Iowa State Line. West—72nd Street. Gage ...... Entire County. Garfield ...... Entire County. Greeley ...... Entire County. Holt ...... Entire County. Howard ...... Entire County. Colfax ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Platte ...... Entire County. Sherman ...... Entire County. Valley ...... Entire County. Lancaster ...... City of Lincoln. Saline ...... Entire County. Scotts Bluff ...... Entire County. Nevada: Clark ...... Las Vegas, North Las Vegas and Henderson. Elko ...... Entire County. Whitepine ...... Entire County. Washoe ...... Cities of Reno and Sparks. New Hampshire: Belknap ...... Entire County. Hillsborough ...... City of Manchester. Strafford ...... Entire County. New Jersey: Atlantic ...... Entire County. Camden ...... City of Camden. Cape May ...... Entire County. Cumberland ...... Cumberland County, Salem. Essex ...... City of East Orange. Newark Central Ward; West Ward; North Ward (Verona Avenue to Orange Street and Lake Street to McCarter Highway); and Bakery Village. Cities of Montclair and Orange. Glouster ...... Entire County. Hudson ...... Union City. North Bergen, West N.Y., Weehawken, Guttenberg, Seacaucus. Ocean ...... Lakewood Township. Passaic ...... West Milford, Wayne, Ringwood, Bloomingdale, Little Falls, Haledon, Pompton Lakes, Hawthorne. Patterson, Prospect Park, and Clifton. Sussex ...... Entire County. Warren ...... Entire County. Morris ...... Entire County. New Mexico: Bernalillo ...... Entire County. Don˜a Ana ...... City of Las Cruces. Lea ...... Hobbs and Lovington. Navajo Nation ...... Navajo Reservation, Navajo School Board. San Juan ...... The Alamo Navajo Reservation. Entire County, except the Alamo Navajo Reservation. Santa Fe ...... Entire County. Torrance ...... Entire County. Sandoval ...... Bernalillo, Cuba, and Rio Rancho. Cibola ...... Pueblo Laguna Reservation. New York: Bronx ...... (1) Spuyten Duyvil. (2) University Heights. (3) Fordham. (4) Riverdale. (5) Morris Heights. (6) Highbridge. (1) 3rd Ave. and Courtland Ave. through E. 161st Street; Grand Ave. through East Featherbed Lane; Uni- versity Ave through West 182nd Street; East 146 Street through 156 Street; West on St Anns Ave and Union Ave; (2) Fulton Ave. to Park Ave.; (3) East 171st Street and Prospect Ave, through East 182nd; (4) East 183rd Street and East 187th St. to East Mosholu; (5) North on Longwood Ave. and Boston Rd and Jennings St.; (6) Charlotte St. and White Plains Rd; (7) Sedwick Ave. and Goulden Ave through West 242 St.; (8) West 183rd St. and Grand Concourse through Mosholu to Bruckner Blvd; (9) Mott Haven and Hunts Point (Community Board #1 & 2); (10) Spuyten Duyvil (Community Board #8) University Heights (Community Board #7). Manhattan ...... (1) 125 St. to 218 St., Riverside Drive to Harlem River, Edgecomb Ave, St. Nicholas Ave; Washington Hgts: FDR Drive east, to Binery to the south; 14th Street to the West, North is bounded by East of Broad Street and South of 14th Street; and Lower East Side: East River across Delancey St. to Allen St., South on Allen St to Pike St to East River. (2) Lower East Side Manhattan bounded by 14th St., FDR Drive, and Bowery 125 St. to 218 St., Riverside Drive to Harlem River, Edgecomb Ave, St. Nicholas Ave; Washington Hgts: FDR Drive east, to Binery to the south; 14th Street to the West, North is bounded by East of Broad Street and South of 14th Street; and Lower East Side: East River across Delancey St. to Allen St., South on Allen St to Pike St to East River.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Kings ...... (1) Borough Park, Williamsburg, Crown Heights and Flatbush Staten Island : Park Hill, Clifton and Stapleton; Fort Green (Housing Projects Ingersol, Whitman, Farraget). (2) Teenage girls attending Board of Education LYFE program in Brooklyn; students live throughout the county. Queens ...... Rockaway Peninsula. Alleghany ...... Entire County. Cattaraugus ...... Entire County. Chautauqua ...... Entire County. Chenango ...... Entire County. Dutchess ...... Entire County. Herkeimer ...... City of Herkeimer. Monroe ...... City of Rochester. Oneida ...... City of Rome. Onondaga ...... City of Syracuse. Rensselaer ...... Entire County. Rockland ...... Spring Valley. The village of Haverstraw and outlying areas, the village of Nyak and outlying areas including Valley Cot- tage, Congeis, Piermont, and Sparkill. Schenectady ...... City of Schenectady. Seneca ...... Entire County. Orange ...... Entire County. Steuben ...... Entire County. Yates ...... Entire County. Sullivan ...... Entire County. Wayne ...... Wolcott, Butller, Savannah, Huron, Rose Galen, Sodus, Lyons, Newark. Westchester ...... Entire county, excluding the City of White Plains. City of White Plains. Wyoming ...... Entire County. Erie ...... In the City of Buffalo: Teen mothers and pregnant women attending the following High Schools: Bennett, Lafayette, Grover Cleveland, Emmerson Vocational, South Park, Riverside, Seneca, Kensington, Alter- native, City of Schools, Performing Arts, Buffalo Traditional, Hutch Technical, McKinley, Burgard, and City Honors. Orleans ...... Entire County. Saratoga ...... Entire County. Washington ...... Entire County. Suffork/Nassau ...... Central Brookhaven, including Coram, Medford, No. Bellport, Seldon, and Ridge. Madison ...... Entire County. Otsego ...... Entire County. North Carolina: Buncombe ...... City of Ashville; Towns of Woodson, Emma, and Johnstown. Caswell ...... Yanceyville and entire county. Guilford ...... Greensboro. Entire County outside of Greensboro. Macon ...... Entire County. McDowell ...... Entire County. Orange ...... Entire County. Pamlico ...... Entire County. Cateret ...... Entire County. Craven ...... Entire County. Jones ...... Entire County. Rowan ...... Entire County. Davison ...... Entire County. Montgomery ...... Entire County. Moore ...... Entire County. Stanley ...... Entire County. Transylvannia ...... Entire County. Henderson ...... Entire County. Union ...... Monroe. Wayne ...... Entire County. Cumberland ...... Fayetteville. Rutherford ...... Entire County. Ohio: Adams ...... Entire County. Brown ...... Entire County. Clermont ...... Entire County. Clark ...... Entire County. Montgomery ...... City of Dayton. Cuyahoga ...... City of Cleveland: Glenville, Hough, Detroit-Shoreway, Clark-Fulton; and City of East Cleveland. Darke ...... Entire County. Greene ...... Entire County. Shelby ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Miami ...... Entire County. Hamilton ...... City of Cincinnati: Communities of Over-the-Rhine, Mount Auburn, Price Hill, West End, Bond Hill, Roselawn, Avondale, Millvale, and Walnut Hills. Lake ...... Entire County. Lawrence ...... Entire County. Lorain ...... Towns of Lorain, Elyria, Oberlin, Wellington, Columbia Station, and South Amherst. Medina ...... Entire County. Wayne ...... Entire County. Morgan ...... Entire County. Washington ...... Entire County. Pike ...... Entire County. Preble ...... Entire County. Richland ...... Entire County. Summit ...... City of Akron: Communities of N. Akron, S. Akron, W. Akron, E. Akron. Guernsey ...... Entire County. Monroe ...... Entire County. Noble ...... Entire County. Fairfield ...... Entire County. Mahoning ...... Youngstown, Canfield, Austintown, Campbell, Struthers, Boardman. Oklahoma: Choctaw ...... Entire County. McCurtain ...... Entire County. Pushmataha ...... Entire County. Creek ...... Entire County. Okmulgee ...... Entire County. Tulsa ...... An area west of Peoria Avenue in Tulsa and the Arkansas River which parallels Highway 75. East Tulsa, Southwest Tulsa and North Tulsa. Mays ...... Entire County. Rogers ...... Entire County. Wagner ...... Entire County. Oklahoma ...... Oklahoma City: an area bounded by Meridian Avenue on the West, North 50th on the North, Bryant Avenue on the East, and South 44th on the South. Payne ...... Entire County. Seminole ...... Entire County. Cleveland ...... Entire County. Logan ...... Entire County. Cherokee ...... Entire County. Mayes ...... Entire County. Craig ...... Entire County. Potawatomi ...... The Sac, Fox and Absentee Shawnee Districts. Potawatomi Reservation, extending north to the North Canadian River, south to the South Canadian River, west to the Indian Meridian Line, and east to the county line. Oregon: Hood River ...... Cities of Hood River, Pine Grove, Parkland and surrounding areas. Wasco ...... The city of Dalles and surrounding areas. Jackson ...... City of Medford and metropolitan area; and the Illinois Valley. Josephine ...... Entire County. Multnomah ...... City of Portland bounded by N.E. Skidmore to the North, N.E. Tillamook to the South, 82nd Street to the East and the Willamette River to the West. City of Portland: bounded by the Willamette River on the West, the Columbia River on the North, Holgate Blvd on the South and N.E. 122nd Ave to the East (excluding the Enterprise Zone between N.E. Skidmore and N.E. Tillamook Streets; Within South—Holgate Blvd, East—NE 122 Ave, West-Willamette River, North—Columbia River and at the Jobs corp site in Troutsdale, OR. City of Portland: bounded by: Holgate Ave on the North; the Multnomah County line to the South, S.E. 45th St. to the West and 122nd Ave., to the East. After 122nd, the service area extends North to Burnside and out to S.E. 162nd Avenue. (Lents Junction)...... East Multnomah County, including City of Gresham, Towns of Troutdale, Wood Village, Fairview, Corbert, and the eastern edge of Portland and surrounding areas. Umatilla ...... The communities of Pendleton, Hermiston, Umatilla and Stanfield. Washington ...... City of Hillsboro, OR. Jefferson ...... Warm Springs Indian Reservation. Pennsylvania: Allegheny ...... City of Pittsburgh including: Allentown, Arlington, Arlington Heights, Beltzhoover, Beechview, Brookline, Banksville, Carrick, Duquesne Heights, Glen Hazel, Greenfield, Hays, Hazelwood, Lincoln Place, Knox- ville, Mt. Washington, Mt. Oliver, Overlook, St Clair Village, So. Side Flats, So. Side Slopes; and the County communities: Aspenwall, Blawnox, Cheswick, East Deer, Etna, Fox Chapel, Frazer, Harmar, In- diana, Millvale, Oakmont, O’Hara, Shaler, Sharpsburg, Springdale Borough, Springdale Township, Verona, West Deer. Towns of Terrace Village, Clairton, West Miflin, Elizabeth, McKees Rocks, and Stowe Township in the City of Pittsburgh. Beaver ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Bedford ...... Entire County. Bradford ...... Entire County. Tioga ...... Entire County. Butler...... Entire County. Centre ...... Entire county, including the community of Snow Shoe, and the surrounding area; and community of Milheim (Penn’s Valley) and surrounding areas. Clearfield ...... Entire county, including the Clearfield Borough and the surrounding community. Fayette ...... Entire county, including the towns of Uniontown, Connellsville, and Brownsville. Fulton ...... Entire County. Huntingdon ...... Entire County. Indiana ...... Entire County. Lackawanna ...... Entire County. Wayne ...... Entire County. Pike ...... Entire County. Susquehanna ...... Entire County. Lehigh ...... Entire County. Luzerne ...... Entire County. Mercer ...... Entire County. Snyder ...... Entire County. Union ...... Entire County. Mifflin ...... Entire County, including Lewistown, Reedsville, and surrounding area. Philadelphia ...... (1) City of Philadelphia: Area enclosed by the Schuylkill River north to Girard Avenue, west on Girard to Parkside Avenue, north on Parkside Avenue to Belmont Avenue, south on Belmont to Westminster Avenue, west on Westminster to 50th Street, south on 50th Street to Spruce Street, east on Spruce to 45th Street and south on 45th Street to the Schuykill River. (2) City of Philadelphia: Pine Street on the north; Broad Street on the east, Philadelphia Naval Base on the South, Schuykill River on the west. (3) City of Philadelphia North Central Philadelphia Empowerment Zone -6th Street to 23rd Street and from Montgomery Street to Poplar Street. (4) City of Philadelphia: The area bounded on the North by Allegheny Avenue, on the South by Norris Street, on the East by 5th Street and on the West by 17th Street, excluding the North Philadelphia Empowerment Zone area. Venango ...... Entire County. Washington ...... Washington City, and Bentleyville. Greene ...... Entire County. Westmoreland ...... Entire County. Dauphin ...... City of Harrisburg. Rhode Island: Bristol ...... Bristol, Warren and Barrington. Newport ...... Entire County. Providence ...... Town of E. Providence. 1. The City of Cranston. 2. City of Central Falls, South and Southwest Providence. 3. Towns of Burrillville, Johnston, N. Providence, Smithfield, N. Smithfield, Glocester, Scituate and Foster. Kent ...... The City of Warwick and the towns of Coventry and W. Warwick. South Carolina: Bamberg ...... Olar, Bamberg City, Denmark, Ehrhardt. Charleston ...... West Ashley, Downtown Charleston, and Charleston Nech Area. Greenville ...... City of Greenville: Communities of Nicholtown (including the Jesse Jackson Town Homes), Woodland- Pierce Homes, and Parker District (including Monaghan, San Souci). Lancas ...... Entire County. Sparta ...... Entire County. Sumter ...... City of Sumter: Sumter School District, Maysville, Dalzell, Wedgefield, Shaw AFB, Pinewood, Rembert, within the eastern section of Sumter County. Anderson ...... Honeapat. Pickens ...... City of Pickens. Greenville ...... Pleasant Valley. Beauford ...... St. Helena. Jasper ...... Robertville. South Dakota: Brookings ...... Entire County. Codington ...... Entire County. Hamlin ...... Entire County. Lake ...... Lake County. Minnehaha ...... Entire County. Moody ...... Entire County. McCork ...... Entire County. Clark ...... Entire County. Deuel ...... Entire County. Grant ...... Entire County. Kingsbury ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Miner ...... Entire County. Butte ...... Towns of Belle Fourche, Fruitdale, Newell, Nisland and Vale. Harding ...... Towns of Buffalo and Reva. Perkins ...... Towns of Bison and Lemmon. Hughes ...... Hughes County. Hyde ...... Hyde County. Jones ...... Jones County. Mellette ...... Mellette County. Stanley ...... Stanley County. Sully ...... Sully County. Meade ...... Cities of Black Hawk and Sturgis. Pennington ...... The cities of: Box Elder, Ellsworth Air Force Base, Rapid City, Rapid Valley, New Underwood & Hill City. Custer ...... Hermosa. Fall River ...... Edgemont, Hot Springs. Haakon ...... Philip Midland. Jackson ...... Kadoka. Lawrence ...... Deadwood, Lead, Spearfish. Jackson ...... Pine Ridge Reservation. Shannon ...... Pine Ridge Reservation. Roberts ...... Lake Traverse Reservation. Day ...... Lake Traverse Reservation. Marshall ...... Lake Traverse Reservation. Pennington ...... Rapid City and the communities of Fox Elder and Rapid Valley within the incorporated limits of Rapid City. Clay ...... Entire County. Lincoln ...... Entire County. Turner ...... Entire County. Union ...... Entire County. Tennessee: Anderson ...... Andersonville, Briceville, Claxton, Clinton, Dutch Valley, Fairview, Grand Oaks, Lake City, Norris, Norwood. Carroll ...... Entire County. Fayette ...... Entire County. Lauderdale ...... Entire County. Madison ...... Entire County. Obion ...... Entire County. Tipton ...... Entire County. Bedford ...... Shelbyville city limits and 10 miles around Shelbyville. Lawren ...... Lawrenceburg city limits and 10 miles around Lawrenceburg. Giles ...... Pulaski city limits and 10 miles around Pulaski. Hamilton ...... Communities of Soddy-Daisy, Cedar Hill, and the Avondale area of the City of Chattanooga. Knox ...... North Knoxville. Loudon ...... Entire County. Roane ...... Entire County. Shelby ...... Frayse, North Memphis, South Memphis, Midtown; Vincent, Alabaster, Columbiana. Weakley ...... Entire County. Gibson ...... Entire County. Henry ...... Entire County. Williamson ...... Franklin. Wilson ...... Lebanon. Cannon ...... Woodbury. Cheatham ...... Ashland City. Robertson ...... Springfield. Rutherford ...... Murfresboro. Sumner ...... Gallagin. Trousdale ...... Hartsville. Morgan ...... Entire County. Texas: Bextar ...... The City of San Antonio, an area on the Westside bounded by Woodlawn on the North, U.S. Highway 90 on the South, by Interstate 35 on the East and by Callahan on the West. The communities of Fredericksburg II, Circle North, New Westwood, Terrell Plaza, Fort Sam and Mount Zion. Brazos ...... City of Bryan: bounded by an area on the North by West 28th Street, on the South by Beck Bryan, Texas (Brazos Street, on the East by Sims Street and on the West by Palasota Street. Brooks ...... Falfurrias: (1) bordered by San Saba Street to the South, West Garret Street to the North, North Center Street to the East and North Chester Street to the West. (2) area bordered by East Lamar on the North, East Forrest Street on the South, North Lincoln on the East and North Williams Street on the West. Brown ...... Entire county. Burnet ...... City of Burnet. Cameron ...... City of Harlingen: an area bounded by Harrison Street on the South, by Expressway 77 on the West, by F.M. 507 on the North and by F.M. 509 on the East.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Willacy ...... Brownsville, San Benito, Port Isabel, and Raymoudville. Collin ...... McKinney Independent School District. Dallas ...... City of Dallas: the communities of: (1) Pleasant Grove—an area bounded by I–635 on the North and East, I–45 on the South and I–30 on the West); and (2) West Dallas—an area bounded by the Trinity River on the north, I–30 on the south, Jefferson Boulevard on the east, and Loop 12 on the west. City of Dallas: the communities of: (1) Irving—an area bounded by Walnut Hill Rd on the north, Hunter Ferrel St. on the south, Walton Walker (Loop 12) on the east and Beltline Rd on the west. (2) North Oak Cliff—an area bounded by I–30 on the north, Ledbetter (Loop 12) on the South, I–35 on the east and Westmoreland Rd. on the west. Duval ...... City of San Diego. El Paso ...... Rural communities of Fabens, San Elizario, Clint, Canitillo, and the following areas in the city limits of El Paso: (1) Socorro/Sparks: an area bounded by Horizon City on the north, I–10 on the South, Bufford Road on the east and Avenue of the Americas on the south. (2) Northeast: an area bounded by New Mexico state line on the north, Montana Avenue on the south, Loop 375 on the east and Patriot on the west. (3) Ysleta—an area bounded by I–10 on the north, Border Freeway on the south, Avenue of the Americas on the east and Delta Drive on the west. (4) Central Area—an area bounded by Montana Avenue on the north, Mexico border on the south, Alameda Avenue on the east and Paisano Avenue on the west. Fort Bend ...... Cities of Richmond and Missouri City. Garza ...... Entire County. Gray ...... Entire County. Harris ...... City of Houston, service areas bordered by: Tidwell on the North, Hardy and Maury on the East, Yale and Studewood on the West and IH–10 on the South; also known as Fifth Ward. City of Humble, service area bordered by: North to Montgomery County line, East to the middle of Lake Houston, South to Beltway 8, and West to McKay Boulevard up to Spring Creek where it intersects the Montgomery County line. Communities of Galena Park and Jacinto City & City of Houston, service area bordered by: North to East Fork of the San Jacinto River, East to Liberty County, South to the North side of Indian Shores and West to the middle of Lake Houston. City of Houston, service area bordered by: (1) Clinton Drive on the South, Lockwood on the East, Cavalcade on the North, and I–59 on the West; (2) North from the intersection of Green’s Bayou and Highway 90 extending Eastward to Carpenter’s Bayou, on the East by Carpenter’s Bayou, on the South by the Houston Ship Channel, also known as Buffalo Bayou. West from the Houston Ship Channel Northward along Fidelity Road, turning Eastward to intersect with Oates Road, proceeding North on Oates Road to the T&NO Railroad line, then East along the T&NO Railroad parallel to Market Street, to Green’s Bayou and Northward along Green’s Bayou to intersect Highway 90. City of Houston, service area bordered by: Highway 59 to the North, Chimney Rock Road to the East, Bellaire Blvd. to the South and Hillcroft Street to the West. Hays ...... Entire County. Hood ...... Cities of: Granbury, Cresson, Lipan and Paluxy. Erath ...... Entire County. Palo Pinto ...... Entire County. Hutchinson ...... Entire County. Jim Hogg ...... City of Hebbronville. Jim Wells ...... City of Alice: an area bordered by Loma Street on the North, on the East by Texas Blvd., on the South by Hill Street and on the West by Cameron Street; an area bounded by Sain Street on the North, Sea Breeze on the South, Texas Blvd. on the West and Stadium Road on the East. Kleberg ...... City of Kingsville: (1) an area bordered by Corral Road on the South, Armstrong Road on the East, University Blvd. on the West and Avenue F on the North; (2) W. General Cavos on the South, Sixth Street to the West, Fourteen Street to the East and Aisle Avenue to the North. Lubbock ...... City of Lubbock: The Cherry Point neighborhood bordered by Loop 289 and East Municipal Drive in the North, East Broadway on the South, East Idalou Road on the East, and Yellowhouse Canyon on the West. Mclennan ...... Eligible residents of an empowerment zone in the City of Waco identified as East Waco, and nearby North and South sections of the city. Houston ...... Entire County. Nacogdoches ...... Entire County. Nueces ...... Entire County. Potter ...... Entire County. Amarillo School District Boundaries (teen parents within the School District). Randall ...... Entire County. Amarillo School District Boundaries (teen parents within the School District). Scurry ...... Entire County.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Starr ...... Rio Grande City. Taylor ...... Abilene Independent School District. Titus ...... Entire County. Tom Green ...... Entire County. Travis ...... Entire County. Uvalde ...... Entire County. Williamson ...... Cities of Taylor, Georgetown, and Leander. Zapata ...... Zapata City. Zavala ...... Entire County. Grayson ...... Entire County. Rockwall ...... Entire County. Brazoria ...... Entire County. Nolan ...... Entire County. Utah: Carbon ...... City of Price. Grand ...... City of Moab. San Juan ...... City of Blanding. Davis ...... Davis County School District Boundary. Box Elder ...... Brighman City, Fielding, Garden City, Garland, Thatcher, and Tremonton. Cache ...... College Ward, Hyde Park, Hyrum, Logan, Mendon, Millville, Nibley, North Logan, Richmond, River Heights, Smithfield, and Wellsville. Navajo Nation ...... Navajo Reservation, Navajo School Board. Utah ...... Entire County. Vermont: Caledonia ...... Entire County. Franklin ...... Entire County. Essex ...... Entire County. Orleans ...... Entire County. Lamoille ...... Entire County. Orange ...... Entire County. Washington ...... Entire County. Windham ...... Entire County. Virginia: Buchanan ...... City of Bristol. Dickerson ...... Entire County. Russell ...... Entire County. Washington ...... Entire County. Fairfax ...... Cities of Fairfax , Falls Church, and South Fairfax County from I–495 to Prince William County. Arlington ...... City of Alexandria: (Rt.1 Corridor). Isle of Wight ...... City of Franklin. York ...... City of Williamsburg and James City. Prince William ...... Manassas and Manassas Park. Roanoke ...... City of Roanoke. Newport News ...... City of Newport News: from Jefferson Street east. Wise ...... Towns of Esserville and Appalachia. Washington: Chelan ...... Entire County. Douglas ...... Entire County. Clark ...... Clark County. Ferry ...... The communities of: Metaline Falls, Newport, Loon Lake, Colville, Kettle Falls, Northport and Republic. Pend Oreille ...... Entire County. Steven ...... Entire County. Grant ...... Entire County. Island ...... Entire County. Skagit ...... Entire County. San Juan ...... Entire County. King ...... City of Seattle: Ballard, and West Seattle; East: Lake Washington, West: Puget Sound, North: 145th Street, Southwest: Roxbury Street, Southeast: Juniper Street. This service area excludes the garden communities of Holly Park, Yesler Terrace, Rainer Vista and High Point. City of Seattle: Central District of Seattle bounded on the North by East Madison St and Lake Washington Blvd, on the South by Interstate 90, on the East by Lake Washington and on the West by Rainier Avenue South, South Main Street, Interstate 5, James Street and 12th Avenue. City of Seattle: Yesler Terrace, Holly Park, High Point, Rainer Vista PHD’s. Communities of Kent, Renton, Auburn, Skyway, Tukwila, Southeast King County, and Federal Way. Kitsap ...... South Kitsap School District (Discovery High School) and Olympic College. Klickitat ...... Entire County Pierce ...... School Districts: Clover Park School District; the Bethel School District; Pennisula School District; the Tacoma School District (Oakland Alternative High School) and the Woman’s Correctional Center in Purdy, Washington.
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Snohomish ...... The City of Everett: 1. Area #1: north of 42nd Street, west of Marine View Drive, South of Highway 529 and east of Puget Sound; 2. Area #2: South of Casina Road, West of Mukulteo Speedway, east of Meridian Drive and North of Stickney Drive. Spokane ...... The City of Spokane and surrounding metropolitan area; and students attending Community Colleges of Spokane. Whatcom ...... Entire County. Yakima ...... Towns of Grandview, Sunnyside, Mabtou, Granger, Toppenish, and White Swan. Kitsap ...... Port Madison Indian Reservation and immediate surrounding area. Port Gamble S’Klallam Reservation and immediate surrounding area. Jefferson ...... Entire County. Clallam ...... Entire County. Wyoming: Big Horn ...... Entire County. Hot Springs ...... Entire County. Washakie ...... Entire County. Converse ...... Entire County. Goshen ...... Entire County. Natrona ...... Cities of Casper, Evansville, Mills and Paradise Valley. Niobrara ...... Entire County. Fremont ...... Wind River Indian Reservation and surrounding areas. Platte ...... Entire County. Campbell ...... Entire County. Teton ...... Entire County. Sublette ...... Entire County. District of Columbia: (1) Ward One an area enclosed by: Northeast—Spring Road, Northwest—Piney Branch Parkway, East— Michigan Avenue to Florida Avenue, Southeast—S Street, West—Rock Creek; (2) In Ward Two an area enclosed by: Northeast—New Jersey, Florida Avenue and S Street, Northwest— Florida Avenue, East—Florida Avenue and Southwest Freeway, Southeast—Anacostia River, West—Po- tomac River; (3) In Ward Four an area enclosed by: Northeast—Eastern Avenue, Northwest—Western Avenue, South- east—Michigan Avenue, Southwest—Rock Creek; (4) In Ward Five an area enclosed by: Northeast—Eastern Avenue, Northwest—South Dakota, South- east—Anacostia River, Southwest—Florida Avenue, West—Harewood Road; (1) Ward One an area enclosed by: Northeast—Spring Road, Northwest—Piney Branch Parkway, East— Michigan Avenue to Florida Avenue, Southeast—S Street, West—Rock Creek; (2) In Ward Two an area enclosed by: Northeast—New Jersey, Florida Avenue and S Street, Northwest— Florida Avenue, East—Florida Avenue and Southwest Freeway, Southeast—Anacostia River, West—Po- tomac River; (3) In Ward Four an area enclosed by: Northeast—Eastern Avenue, Northwest—Western Avenue, South- east—Michigan Avenue, Southwest—Rock Creek; In Ward Five an area enclosed by: Northeast—Eastern Avenue, Northwest—South Dakota, Southeast— Anacostia River, Southwest—Florida Avenue, West—Harewood Road; Sections of Wards One, Two and Four, which include the areas of Shepherd Park, Upper Cordoza, Adams Morgan and Mount Pleasant. Commonwealth of Puerto Rico: Municipality of Carolina ...... Carolina. Municipality of Cayey ...... Cayey. Municipality of Ceiba ...... Ceiba. Municipality of Cidra ...... Cidra. Municipality of Coamo ...... Las Flores. Municipality of Humacao ...... Humacao. Municipality of Junco ...... Juncos. Municipality of Loiza ...... Loiza. Municipality of Juncos ...... Entire Municipality. Municipality of Canavanas ...... Barrio Cubny. Municipality of Rio Grande ...... Entire Municipality. Municipality of Ceiba ...... Entire Municipality. Municipality of Naguabo ...... Entire Municipality. Municipality of Luquillo ...... Luquillo. Municipality of Ponce ...... Ponce. Municipality of Rio Grande ...... Rio Grande. Municipality of San Juan ...... San Juan (Cantera). Trujillo Alto, Cayey, Aibonito and surrounding areas. Barrios: Hato Rey Norte, Cupey, Caimito, and Tortuga; and the sub-barrios of Puerto Nuevo, Nemesio R. Canales Public Housing Project. Municipality of Toa ...... Toa Baja. Municipality of Trujillo Alto ...... Trujillo Alto. Municipality of Vega Alta ...... Vega Alta (Muachauchal and Santa Ana).
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FY 2001 EXPANSION SERVICE AREAS MATRIX—Continued
Service area State and county (Local community)
Municipal Government of Santa Isabel. Santa Isabel. Municipality of Bayamon ...... Bayamon. Municipality of Barceloneta ...... Barceloneta. Municipality of Guaynabo ...... Guaynabo. Municipality of Sabana Grande Sabana Grande. Municipality of Caguas ...... Caguas. Municipality of Arecibo ...... Barrios of Hato Abajo, Obrero and Arecibo; sub-barrios of San Jose, Los Heides, La Puntilla, Vigia, Bue- nos Aires, Magallenos, and Santana.
Appendix B—Estimate of Funds [FR Doc. 01–5481 Filed 3–6–01; 8:45 am] this publication and October 1, 2000, or Available in States BILLING CODE 4184–01–P by the beginning of a LIHEAP grantee’s fiscal year, whichever is later. State Allocation FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND Leon Litow, Administration for Alabama ...... $863,000 HUMAN SERVICES Alaska ...... 500,000 Children and Families, HHS, Office of Community Services, Division of Energy Arizona ...... 1,541,000 Administration for Children and Arkansas ...... 500,000 Assistance, 5th Floor West, 370 L’Enfant California ...... 5,470,000 Families Promenade, SW., Washington, DC Colorado ...... 500,000 State Median Income Estimates for 20447, Telephone: (202) 401–5304, Connecticut ...... 500,000 Internet E-Mail: [email protected]. Delaware ...... 500,000 Four-Person Families (FY 2001); Notice Florida ...... 1,436,000 of the Fiscal Year (FY) 2001 State SUPPLEMENTARY INFORMATION: Under the Georgia ...... 1,031,000 Median Income Estimates for Use provisions of section 2603(7) of Title Hawaii ...... 500,000 Under the Low Income Home Energy XXVI of the Omnibus Budget Idaho ...... 500,000 Assistance Program (LIHEAP) Reconciliation Act of 1981 (Pub. L. 97– Illinois ...... 755,000 Administered by the Administration for 35, as amended), we are announcing the Indiana ...... 758,000 Kansas ...... 500,000 Children and Families, Office of estimated median income of a four- Kentucky ...... 500,000 Community Services, Division of person family for each state, the District Louisiana ...... 1,478,000 Energy Assistance of Columbia, and the United States for Maryland ...... 927,000 FY 2001 (the period of October 1, 2000, Massachusetts ...... 500,000 AGENCY: Office of Community Services, through September 30, 2001). Michigan ...... 500,000 ACF, DHHS. Section 2605(b)(2)(B)(ii) of the Minnesota ...... 745,000 ACTION: Notice of estimated state median LIHEAP statute provides that 60 percent Mississippi ...... 500,000 income for FY 2001. of the median income for each state, as Missouri ...... 577,000 annually established by the Secretary of Montana ...... 500,000 SUMMARY: This notice announces the the Department of Health and Human Nevada ...... 500,000 estimated median income for four- Services, is one of the income criteria New Hampshire ...... 500,000 person families in each State and the that LIHEAP grantees may use in New Jersey ...... 600,000 District of Columbia for FY 2001 New Mexico ...... 500,000 determining a household’s eligibility for (October 1, 2000 to September 30, 2001). New York ...... 3,222,000 LIHEAP. North Carolina ...... 1,104,000 LIHEAP grantees may adopt the State LIHEAP is currently authorized Ohio ...... 1,369,000 median income estimates beginning through the end of FY 2004 by the Coats Oklahoma ...... 592,000 with the date of this publication of the Human Services Reauthorization Act of Oregon ...... 500,000 estimates in the Federal Register or at 1998, Pub. L. 105–285, which was Pennsylvania ...... 1,245,000 a later date as discussed below. This Puerto Rico ...... 2,206,000 enacted on October 27, 1998. means that LIHEAP grantees could Estimates of the median income of South Carolina ...... 998,000 choose to implement this notice during Tennessee ...... 500,000 four-person families for each State and Texas ...... 3,249,000 the period between the heating and the District of Columbia for FY 2001 Utah ...... 500,000 cooling seasons. However, by October 1, have been developed by the Bureau of Virginia ...... 1,296,000 2000, or by the beginning of a grantee’s the Census of the U.S. Department of Washington ...... 573,000 fiscal year, whichever is later, LIHEAP Commerce, using the most recently West Virginia ...... 500,000 grantees using State median income available income data. In developing the Wisconsin ...... 843,000 estimates must adjust their income American Indian Program ..... 1,200,000 median income estimates for FY 2001, eligibility criteria to be in accord with the Bureau of the Census used the The following States will the FY 2001 State median income compete in a multi-state following three sources of data: (1) The pool of $2,600,000: estimates. March 1999 Current Population Survey; District of Columbia, Iowa, This listing of estimated State median (2) the 1990 Decennial Census of Maine, Nebraska, North incomes concerns maximum income Population; and (3) 1998 per capita Dakota, Outer Pacific, levels for households to which LIHEAP personal income estimates, by state, Rhode Island, South Da- grantees may make payments under from the Bureau of Economic Analysis kota, Vermont, Virgin Is- LIHEAP. lands, and Wyoming. of the U.S. Department of Commerce. Total ...... 46,678,000 EFFECTIVE DATE: The estimates are Like the estimates for FY 2000, the FY effective at any time between the date of 2001 estimates include income
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estimates from the March Current population controls results in somewhat method for adjusting median income for Population Survey that are based on lower estimates of income. families of different sizes as specified in population controls from the 1990 For further information on the regulations applicable to LIHEAP, at 45 Decennial Census of Population. Income estimating method and data sources, CFR 96.85(b), which was published in estimates prior to FY 1996 from the contact the Housing and Household the Federal Register on March 3, 1988 March Current Population Survey had Economic Statistics Division, at the at 53 FR 6824. been based on population controls from Bureau of the Census (301–457–3243). A state-by-state listing of median Dated: March 1, 2001. the 1980 Decennial Census of income, and 60 percent of median Robert Mott, Population. Generally, the use of 1990 income, for a four-person family for FY Acting Director, Office of Community 2001 follows. The listing describes the Services.
ESTIMATED STATE MEDIAN INCOME FOR 4-PERSON FAMILIES, BY STATE, FISCAL YEAR 2001 1
Estimated state 60 percent of esti- States median income 4- mated state me- 2 dian income 4- person families person families
Alabama ...... $51,156 $30,694 Alaska ...... 59,726 35,836 Arizona ...... 49,397 29,638 Arkansas ...... 44,471 26,683 California ...... 55,209 33,125 Colorado ...... 63,428 38,057 Connecticut ...... 75,534 45,320 Delaware ...... 65,157 39,094 District of Col...... 60,674 36,404 Florida ...... 52,581 31,549 Georgia ...... 55,989 33,593 Hawaii ...... 61,838 37,103 Idaho ...... 49,174 29,504 Illinois ...... 61,672 37,003 Indiana ...... 55,284 33,170 Iowa ...... 53,230 31,938 Kansas ...... 55,341 33,205 Kentucky ...... 49,108 29,465 Louisiana ...... 49,037 29,422 Maine ...... 51,059 30,635 Maryland ...... 71,404 42,842 Massachusetts ...... 68,958 41,375 Michigan ...... 59,019 35,411 Minnesota ...... 67,140 40,284 Mississippi ...... 43,907 26,344 Missouri ...... 54,190 32,514 Montana ...... 44,737 26,842 Nebraska ...... 56,692 34,015 Nevada ...... 53,054 31,832 New Hampshire ...... 61,014 36,608 New Jersey ...... 70,983 42,590 New Mexico ...... 43,829 26,297 New York ...... 57,142 34,285 North Carolina ...... 54,331 32,599 North Dakota ...... 51,002 30,601 Ohio ...... 60,169 36,101 Oklahoma ...... 47,436 28,462 Oregon ...... 55,892 33,535 Pennsylvania ...... 58,507 35,104 Rhode Island ...... 62,339 37,403 South Carolina ...... 52,111 31,267 South Dakota ...... 49,702 29,821 Tennessee ...... 50,310 30,186 Texas ...... 51,148 30,689 Utah ...... 54,946 32,968 Vermont ...... 53,691 32,215 Virginia ...... 60,860 36,516 Washington ...... 61,059 36,635 West Virginia ...... 43,239 25,943 Wisconsin ...... 57,890 34,734 Wyoming ...... 50,989 30,593 Note—FY 2001 covers the period of October 1, 2000 through September 30, 2001. The estimated median income for 4-person families living in the United States is $56,061 for FY 2001. The estimates are effective for the Low Income Home Energy Assistance Program (LIHEAP) at any time between the date of this publication and October 1, 2000, or by the beginning of a LIHEAP grantee’s fiscal year, whichever is later.
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1 In accordance with 45 CFR 96.85, each State’s estimated median income for a 4-person family is multiplied by the following percentages to adjust for family size: 52% for one person, 68% for two persons, 84% for three persons, 100% for four persons, 116% for five persons, and 132% for six persons. For family sizes greater than six persons, add 3% for each additional family member and multiply the new percentage by the State’s estimated median income for a 4-person family. 2 Prepared by the Bureau of the Census from the March 1999 Current Population Survey, 1990 Decennial Census of Population and Housing, and 1998 per capita personal income estimates, by state, from the Bureau of Economic Analysis (BEA). In 1999, BEA revised its methodology in estimating per capita personal income estimates. BEA’s revised methodology is reflected in the FY 2002 state 4-person family median income estimates. For further information, contact the Housing and Household Economic Statistics Division at the Bureau of the Census (301–457– 3242).
[FR Doc. 01–5536 Filed 3–6–01; 8:45 am] Bldg., 725 17th St. NW., rm. 10235, FDA when investigating eye injury BILLING CODE 4184–01–P Washington, DC 20503, Attn: Wendy complaints. Taylor, Desk Officer for FDA. The expected respondents to this FOR FURTHER INFORMATION CONTACT: collection are manufacturers of impact- DEPARTMENT OF HEALTH AND Peggy Schlosburg, Office of Information resistant lenses. HUMAN SERVICES Resources Management (HFA–250), In the Federal Register of November Food and Drug Administration, 5600 28, 2000 (65 FR 70916), the agency Food and Drug Administration Fishers Lane, Rockville, MD 20857, requested comments on the proposed [Docket No. 00N–1599] 301–827–1223. collection of information. One comment SUPPLEMENTARY INFORMATION: In was received. The comment stated the Agency Information Collection compliance with 44 U.S.C. 3507, FDA estimate seems to include only the time Activities; Submission for OMB has submitted the following proposed for testing, but omitted the cost of the Review; Comment Request; Use of collection of information to OMB for materials and their disposal. It stated Impact-Resistant Lenses in Eyeglasses review and clearance. that the estimate did not explicitly and Sunglasses address whether this testing is Use of Impact-Resistant Lenses in destructive in nature. These costs are AGENCY: Food and Drug Administration, Eyeglasses and Sunglasses (OMB material. HHS. Control Number 0910–0182)—Extension FDA’s attempt at addressing these ACTION: Notice. Under section 519 of the Federal issues was limited by the Vision Council of America’s (VCA) reluctance SUMMARY: The Food and Drug Food, Drug, and Cosmetic Act (the act) to provide any more information than Administration (FDA) is announcing (21 U.S.C. 360(i)), every manufacturer or what had been included in FDA’s that the proposed collection of importer of a device intended for human original submission. VCA informed FDA information listed below has been use shall establish and maintain that there was a restriction on submitted to the Office of Management records. This regulation is designed to information because VCA had promised and Budget (OMB) for review and protect the eyeglass and sunglass wearer their clients that they would not release clearance under the Paperwork from potential eye injury resulting from certain data that was considered critical. Reduction Act of 1995. shattering of ordinary eyeglass lenses, and it requires that eyeglasses and Because of this limited amount of DATES: Submit written comments on the sunglasses be fitted with impact- information from FDA’s most reliable collection of information by April 6, resistant lenses. The regulation in source (VCA), FDA was limited to the 2001. § 801.410(f) (21 CFR 801.410(f)) requires estimated burden that was included in ADDRESSES: Submit written comment on that the results of impact tests and the original submission (OMB control the collection of information to the description of the test method and number 0910–0182). Office of Information and Regulatory apparatus also be kept for a period of 3 FDA estimates the burden of this Affairs, OMB, New Executive Office years. These records are valuable to collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1
Annual Frequency per 21 CFR Section No. of Recordkeepers Recordkeeping Total Annual Records Hours per Recordkeeper Total Hours
801.410(f) 30 769,000 23,070,000 .0008 19,225 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2Due to an inadvertent error, the recordkeeping burden hours for § 801.410(f) that appeared in a notice issued in the FEDERAL REGISTER of No- vember 28, 2000, were incorrect. Table 1 of this document contains the correct estimates.
VCA provided sales figures previous years (22 percent glass and 78 recordkeeping figure of 769,000. (www.visionsite.org) that were used in percent plastic), that glass lenses must Previously, FDA and industry experts estimating the burden for this be tested individually, and only 5 estimated that on average, each test collection. Beginning in 1998, a growth percent of the plastic lenses must be could be completed and recorded in 3 rate of 2.6 percent for the distribution of tested, then 23,070,000 lenses should be seconds. Industry, therefore, could lenses began, and it was assumed that tested. This figure was derived by taking complete 1,200 tests per hour. this growth rate continued in 1999 and 22 percent of 89 million glass lenses Therefore, it is estimated that the total 2000. This resulted in an increase in the (19,600,000) and adding it to 5 percent burden for this collection is 19,225 number of eyeglasses shipped annually of the remaining plastic lenses (5 hours, which is calculated by taking the to 89 million lenses shipped by year percent x 69,400,000 = 3,470,000). total records figure (23,070,000) and 2000. Next, divide the total tests dividing it by tests per hour (1,200). The By also assuming that the glass/plastic (23,070,000) by 30 manufacturers to total hours was calculated by lenses-produced ratio remained as in return the annual frequency of multiplying the total number of records
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(23,070,000) and the hours per record amount of extension an applicant may FDA has verified the applicant’s claim (.0008). receive. that the date the investigational new There is no burden estimated for A regulatory review period consists of drug application became effective was maintaining sale or distribution records two periods of time: A testing phase and on August 21, 1991. an approval phase. For human drug under § 801.410(e) because firms are 2. The date the application was retaining their records as a normal and products, the testing phase begins when initially submitted with respect to the customary business practice for reasons the exemption to permit the clinical human drug product under section 505 of product liability. investigations of the drug becomes effective and runs until the approval of the act: March 31, 1998. FDA has Dated: March 1, 2001. phase begins. The approval phase starts verified the applicant’s claim that the William K. Hubbard, with the initial submission of an new drug application (NDA) for Senior Associate Commissioner for Policy, application to market the human drug AciphexTM (NDA 20–973) was initially Planning, and Legislation. product and continues until FDA grants submitted on March 31, 1998. [FR Doc. 01–5472 Filed 3–6–01; 8:45 am] permission to market the drug product. 3. The date the application was BILLING CODE 4160–01–S Although only a portion of a regulatory approved: August 19, 1999. FDA has review period may count toward the verified the applicant’s claim that NDA actual amount of extension that the 20–973 was approved on August 19, DEPARTMENT OF HEALTH AND Commissioner of Patents and 1999. HUMAN SERVICES Trademarks may award (for example, This determination of the regulatory Food and Drug Administration half the testing phase must be subtracted as well as any time that may review period establishes the maximum [Docket No. 00E–1235] have occurred before the patent was potential length of a patent extension. issued), FDA’s determination of the However, the U.S. Patent and Determination of Regulatory Review length of a regulatory review period for Trademark Office applies several Period for Purposes of Patent a human drug product will include all statutory limitations in its calculations Extension; AciphexTM of the testing phase and approval phase of the actual period for patent extension. as specified in 35 U.S.C. 156(g)(1)(B). In its application for patent extension, AGENCY: Food and Drug Administration, FDA recently approved for marketing this applicant seeks 1,713 days of patent TM HHS. the human drug product Aciphex term extension. ACTION: Notice. (rabeprazole sodium). AciphexTM is indicated for healing of erosive or Anyone with knowledge that any of SUMMARY: The Food and Drug ulcerative gastroesophageal reflux the dates as published is incorrect may Administration (FDA) has determined disease (GERD), maintenance of healing submit to the Dockets Management the regulatory review period for of erosive or ulcerative GERD, healing of Branch (address above) written AciphexTM and is publishing this notice duodenal ulcer, and treatment of comments and ask for a redetermination of that determination as required by pathological hypersecretory conditions, by May 7, 2001. Furthermore, any law. FDA has made the determination including Zollinger-Ellison Syndrome. interested person may petition for a because of the submission of an Subsequent to this approval, the Patent determination regarding whether the application to the Commissioner of and Trademark Office received a patent applicant for extension acted with due Patents and Trademarks, Department of term restoration application for diligence during the regulatory review Commerce, for the extension of a patent AciphexTM (U.S. Patent No. 5,045,552) period by September 4, 2001. To meet which claims that human drug product. from Eisai Co., Ltd., and the Patent and its burden, the petition must contain Trademark Office requested FDA’s ADDRESSES: Submit written comments sufficient facts to merit an FDA and petitions to the Dockets assistance in determining this patent’s investigation. (See H. Rept. 857, part 1, eligibility for patent term restoration. In Management Branch (HFA–305), Food 98th Cong., 2d sess., pp. 41–42, 1984.) a letter dated April 12, 2000, FDA and Drug Administration, 5630 Fishers Petitions should be in the format advised the Patent and Trademark Lane, rm. 1061, Rockville, MD 20852. specified in 21 CFR 10.30. Office that this human drug product had FOR FURTHER INFORMATION CONTACT: undergone a regulatory review period Comments and petitions should be Claudia V. Grillo, Regulatory Policy and that the approval of AciphexTM submitted to the Dockets Management Staff (HFD–007), Food and Drug represented the first permitted Branch. Three copies of any information Administration, 5600 Fishers Lane, commercial marketing or use of the are to be submitted, except that Rockville, MD 20857, 301–594–2041. product. Shortly thereafter, the Patent individuals may submit one copy. SUPPLEMENTARY INFORMATION: The Drug and Trademark Office requested that Comments are to be identified with the Price Competition and Patent Term FDA determine the product’s regulatory docket number found in brackets in the Restoration Act of 1984 (Public Law 98– review period. heading of this document. Comments 417) and the Generic Animal Drug and FDA has determined that the and petitions may be seen in the Patent Term Restoration Act (Public applicable regulatory review period for Dockets Management Branch between 9 TM Law 100–670) generally provide that a Aciphex is 2,922 days. Of this time, a.m. and 4 p.m., Monday through patent may be extended for a period of 2,415 days occurred during the testing Friday. up to 5 years so long as the patented phase of the regulatory review period, item (human drug product, animal drug while 507 days occurred during the Dated: February 16, 2001. product, medical device, food additive, approval phase. These periods of time Jane A. Axelrad, or color additive) was subject to were derived from the following dates: Associate Director for Policy, Center for Drug regulatory review by FDA before the 1. The date an exemption under Evaluation and Research. item was marketed. Under these acts, a section 505 of the Federal Food, Drug, [FR Doc. 01–5513 Filed 3–6–01; 8:45 am] product’s regulatory review period and Cosmetic Act (the act) (21 U.S.C. BILLING CODE 4160–01–S forms the basis for determining the 355) became effective: August 21, 1991.
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DEPARTMENT OF HEALTH AND application submission and deadlines, (B) the administration or application, HUMAN SERVICES (DHHS) late applications, extension of or threatened administration or deadlines, certifications, general application, of mind-altering substances Administration for Children and instructions for preparing a full project or other procedures calculated to Families (ACF) description, and length of applications. disrupt profoundly the senses or the [Program Announcement CFDA Number Part IV: Post-award—applicable personality; 93.604] regulations, treatment of program (C) the threat of imminent death; or income and reporting requirements. (D) the threat that another person will imminently be subjected to death, Discretionary Funds for Assistance for Paperwork Reduction Act of 1995 Treatment of Torture Survivors severe physical pain or suffering, or the (Pub. L. 104–13) administration or application of mind- AGENCY: Office of Refugee Resettlement Public reporting burden for this altering substances or other procedures (ORR), ACF, DHHS. collection of information is estimated to calculated to disrupt profoundly the ACTION: Request for applications for average 30 hours per response, senses or personality. services to victims of torture including including the time for reviewing It should be emphasized that, for medical, psychological, legal and social instructions, gathering and maintaining purposes of this announcement, the services; and research and training for the data needed, and reviewing the experience of torture may include health care providers outside of collection information. The following specific characteristics of torture as treatment centers to enable the information collections are included in documented in personal testimony or in provision of services to victims of the program announcement: OMB clinical, medical, or detention settings. torture. control number 0970–0139, ACF Some specific examples of physical and UNIFORM PROJECT DESCRIPTION psychological types of torture are: SUMMARY: The Office of Refugee (UPD) which expires 12/31/2003. An systemic beating, sexual torture, Resettlement (ORR), Administration for agency may not conduct or sponsor, and electrical torture, suffocation, burning, Children and Families (ACF), a person is not required to respond to, bodily suspension, pharmacological announces that competing applications a collection of information unless it torture, mutilations, dental assaults, will be accepted for ‘‘Treatment and displays a currently valid OMB control deprivation and exhaustion, threats Services for Torture Survivors’’ grants to number. about the use of torture, witnessing the provide assistance to victims of torture, torture of others, humiliation, and including treatment for the physical and Part I. Background and General isolation. psychological effects of torture and Information Estimates of the number of torture social and legal services, and to provide Background survivors have been established research and training for health care primarily by extrapolating from the providers outside of treatment centers to Torture and Torture Victims major populations at risk—refugees and provide rehabilitation services. The psychosocial and health internally displaced persons. In 1997, DATES: The closing date for submission consequences of violence and traumatic there were estimated to be more that of applications is May 7, 2001. See Part stress have emerged as one of the public 13,600,000 refugees and asylum seekers III of this announcement for more health problems of our time. Torture in the world and 20 million internally information on submitting applications. constitutes one of the most extreme displaced persons. The estimates of Announcement Availability: The forms of trauma, with the potential for refugees, asylum seekers and displaced program announcement and the long-term psychological and physical persons who have been tortured vary application materials are available from suffering. The term torture has been widely from 5% to 35%. This Marta Brenden, Office of Refugee defined in different ways by various announcement, which focuses on Resettlement (ORR) 370 L’Enfant organizations for multiple purposes. health, social and legal services for Promenade, SW., Washington DC 20447 This program authorized by the torture survivors, as well as education and from the ORR website at ‘‘Torture Victims Relief Act of 1998’’ and training of providers, recognizes www.acf.dhhs.gov/programs/orr uses the definition of torture found in that torture may have been an experience of many members of groups FOR FURTHER INFORMATION CONTACT: 18 U.S.C. 2340 (1) and ‘‘includes the use residing in the United States, including Marta Brenden, Refugee Program of rape and other forms of sexual refugees, asylees, immigrants, other Specialist, Division of Community violence by a person acting under the displaced persons, and U.S. citizens. Resettlement, Office of Refugee color of law upon another person under Using data cited above, it has been Resettlement, Tel (202) 205–3589, Fax his custody or physical control.’’ The estimated that there may be more than (202) 401–5772, definition of ‘‘torture’’ at 18 U.S.C. 2340 400,000 torture survivors in the United [email protected]. (1) provides that: ‘torture’ means an act committed by a States. SUPPLEMENTARY INFORMATION: This person under the color of law Consequences of Torture and Services program announcement consists of four specifically intended to inflict severe for Torture Survivors parts: physical or mental pain or suffering Part I: Background and General (other than pain or suffering incidental Physical consequences of torture may Information—background, legislative to lawful sanctions) upon another be extensive and severe. Specific authority, funding availability, CFDA person within his custody or physical neuropsychological symptoms are often Number, eligible applicants, project and control. difficult to diagnose because of head budget periods, purpose and objectives, This provision also defines the term injuries and the multiplicity of allowable activities, and review criteria. ‘‘severe mental pain or suffering’’ as: the symptoms. Post-traumatic stress Part II. The Review Process— prolonged mental harm caused by or disorder, depression, substance abuse, intergovernmental review, initial ACF resulting from— and other anxiety disorders are common screening, and competitive review. (A) the intentional infliction or diagnoses among torture survivors. Part III: The Application—application threatened infliction of severe physical Therefore, for many severely tortured development: application forms, pain or suffering; individuals, access to medical
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practitioners and sophisticated (3) Research and training for health satisfactory progress of the grantee and diagnostic instruments and testing (e.g., care providers outside of treatment a determination that continued funding neuro-imaging, cognitive functions, centers, or programs for the purpose of would be in the best interest of the etc.), for the purpose of differential enabling such providers to provide the Government. diagnosis, is paramount. services described in paragraph (1). A high percentage of torture survivors In November 1999, Congress enacted Purpose and Objectives are in need of social and legal services. the ‘‘Torture Victims Relief Through this announcement, the Access to legal and immigration services Reauthorization Act of 1999,’’ Pub. Law Office of Refugee Resettlement (ORR), is usually a priority. Social services, 106–87 (22 U.S.C. 2151 note). Administration for Children and such as employment assistance and Families (ACF) intends to fund grant Funding Availability training, are also extremely important applications for 4–6 organizations to and correlate with successful Congress appropriated $10,000,000 provide assistance to victims of torture. psychosocial adjustment and well- for carrying out section 5 of the Torture The purpose of the torture treatment being. From the national experience Victims Relief Act of 1998 for the program is to provide services to with refugees and survivors of wartime second year of implementation of FY persons who have experienced torture. violence, it has been demonstrated that 2001 Consolidated Appropriations Act, It is also to conduct research and early and adequate access to social and 2001, as enacted into law by section 1 training for health care providers legal services may also preclude the (a)(1) of Public Law 106–554. outside of treatment centers so that need for more specialized psychological ORR anticipates that this increase in these providers may also provide treatment services. funding will permit the award of 4–6 rehabilitative services to victims of The torture rehabilitation and new grants during FY 2001 at a total torture. treatment center movement, which was amount of approximately $2,000,000. The persons who have been tortured established in Denmark in the 1970’s, The Director will award the new awards may have one of several immigration and adopted in the US, Canada, France as well as the continuation awards statuses: they may be legally admitted as and other countries, has led to the subject to availability of funds, refugees or asylees, while others may be growth of specialized torture survivor satisfactory progress of the FY 2000 seeking asylum. Still other persons may treatment centers in select parts of the awards, and a determination that the be U.S. citizens. The services funded nation. Although the treatment center awards are in the best interest of the under this announcement should movement has created opportunities for Government. respond to the diversity of populations treatment and training in specific urban The ORR Director reserves the right to to be targeted in the project area areas, many torture survivors do not award less, or more, than the funds whether they are immigrants, asylum have access to these highly specialized described, in the absence of worthy seekers, asylees, refugees admitted programs. Medical, social and legal applications, or under such other under the U.S. refugee program, or services for torture survivors are needed circumstances as may be deemed to be citizens of the United States. in areas and in settings and institutions in the best interest of the government. However, not all torture survivors wherever torture survivors will seek It is important to make torture treatment have the same medical, psychological, assistance. Thus there is also a national available to the greatest number of social, or legal needs. It is encouraged need for more broad-based training of victims of torture and for that reason, that, within the clinical, social and legal medical and mental health practitioners the ORR Director reserves the right to service domains, proposals are in the identification, diagnosis and award applications that will cover the encouraged that will address a broad treatment of torture survivors. largest number of geographic areas. menu of services for any of the torture Torture survivors, now in the United Applications for subsequent year victims in the project’s specified States, should be provided with the continuation grants funded under these geographic area. The applications may rehabilitation services which would awards will be entertained on a non- include several organizations in enable them to become productive competitive basis, subject to the collaborative relationships in order to community members. The Torture availability of funds, satisfactory have all the services necessary for the Victims Relief Act of 1998 provides for progress of the grantee, and a clients. Partnerships are encouraged services for the treatment of the determination that continued funding among organizations in order to reach psychological and physical effects of would be in the best interest of the all the torture victims in that area and torture, social and legal services for Government. to provide a comprehensive program of torture survivors, and research and CFDA Number: 93.604 services. For example, an organization training for health care providers. that currently provides legal advice to Eligible Applicants detained asylum seekers, who are Legislative Authority Eligible applicants are public or torture survivors, might collaborate with In October 1998, Congress enacted the private organizations and institutions. a social service or treatment center organization to pool resources and ‘‘Torture Victims Relief Act of 1998,’’ Project and Budget Periods Pub. Law 105–320 (22 U.S.C. 2152 expand their range of services for their note). Sec. 5 (a) of the law provides: This announcement invites clients. Assistance for Treatment of Torture applications for project periods up to Allowable Activities Victims—The Secretary of Health and three years. Awards, on a competitive Human Services may provide grants to basis, will be for a one-year budget Applicants may propose one or more programs in the United States to cover period although project periods may be of the following activities listed in the the cost of the following services: for three years. Applications for legislation: (1) services for the (1) Services for the rehabilitation of continuation grants funded under these rehabilitation of victims of torture, victims of torture, including treatment awards, beyond the one-year budget including treatment of the physical and of the physical and psychological effects period but within the three-year project psychological effects of torture; (2) of torture. period, will be entertained in social and legal services for victims of (2) Social and legal services for subsequent years on a noncompetitive torture; (3) research and training for victims of torture. basis, subject to availability of funds, health care providers outside of
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treatment centers. For example, management; and (e.) timeline for SPOCs are encouraged to eliminate applications may propose programs in implementation of project activities. (25 the submission of routine endorsements treatment centers to provide medical, points) as official recommendations. psychological, social and legal services. 4. Results or Expected Benefits. The Additionally, SPOCs are requested to Applications may also propose outcomes and benefits of the assistance clearly differentiate between mere programs for the purpose of enabling and training are clearly explained and advisory comments and those official health care providers outside the are reasonable. There are clear and State process recommendations which treatment centers to provide medical, understandable outcome measures for may trigger the ‘‘accommodate or psychological, social and legal services. the services, and a reasonable plan for explain’’ rule. Applications should provide the reporting the outcomes to ORR. (25 When comments are submitted rationale for activities describing how points) directly to ACF, they should be these activities meet the needs of the addressed to: Department of Health and victims of torture to be served in the 5. Budget and Budget Justification. Human Services, Administration for geographic area to be served. The budget is reasonable and clearly justified. The methodologies for Children and Families, OCSE Office of Review Criteria estimating the number of client/patients Grants Management, 370 L’Enfant 1. Objectives and Need for Assistance. to be served are reasonable. The plan for Promenade, S.W., 4th floor East, The application clearly demonstrates program income generated by fees, Washington, D.C. 20447. experience with and knowledge of including, Medicaid, Refugee Medical A list of the Single Points of Contact victims of torture and an assessment of Assistance (RMA), and private health for each participating State and their presence in the proposed coverage for client fees for treatment, Territory can be found on the web at: geographic area of service. There is a when available, is appropriate, http//www.whitehouse.gov/omb/grants/ clear description of the process by reasonable and viable. (10 points) spoc.html which the client has access to treatment Initial ACF Screening and to the other allowable services. Part II. The Review Process Where research and training activities Intergovernmental Review Each application submitted under this are proposed, applicant clearly program announcement will undergo a demonstrates interest and willingness of This program is covered under pre-review to determine that (1) the service providers outside the treatment Executive Order 12372, application was received by the closing centers to attend training. (15 Points) ‘‘Intergovernmental Review of Federal date and submitted in accordance with 2. Approach. The application Programs,’’ and 45 CFR Part 100, the instructions in this announcement provides a clear and feasible strategy for ‘‘Intergovernmental Review of and (2) the applicant is eligible for assisting torture survivors that Department of Health and Human funding. demonstrates knowledge of the clients, Services Program and Activities.’’ Under experience in serving these clients, and the Order, States may design their own Competitive Review and Evaluation community resources and has planned processes for reviewing and Criteria with other collaborative organizations to commenting on proposed Federal The applications that pass the initial assist the clients in an effective and assistance under covered programs. ACF screening will be evaluated and efficient manner. The service plan and Please Note: All States and Territories rated by an independent review panel collaborative relationships are except Alabama, Alaska, Arizona, Colorado, on the basis of evaluation criteria reasonable, substantiated with Connecticut, Hawaii, Idaho, Indiana, Kansas, specified in Part I. The evaluation Louisiana, Massachusetts, Minnesota, appropriate documents, have a criteria are designed to assess the likelihood of success and provide a Montana, Nebraska, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, quality of a proposed project, and to feasible strategy to work with the torture determine the likelihood of its success. survivor in becoming a productive South Dakota, Tennessee, Vermont, Virginia, Washington, Wyoming, American Samoa and The evaluation criteria are closely member of the community. Where Palau have elected to participate in the related and are considered as a whole in research and training activities are Executive Order process and have judging the overall quality of an proposed, applicant provides a plan for established Single Points of Contact (SPOCs). application. Points are awarded only to research and training demonstrating Applicants from these twenty-eight applications that are responsive to the interest in the service providers to jurisdictions need take no action regarding evaluation criteria within the context of attend the training activities. (25 points) E.O. 12372. Applicants for projects to be this program announcement. 3. Organization Profiles. The administered by Federally-recognized Indian application demonstrates the Tribes are also exempt from the requirements Part III. Application of E.O. 12372. Otherwise, applicants should organization’s capacity to provide Application Development assistance appropriate to torture contact their SPOCs as soon as possible to alert them of the prospective applications survivors (and, if appropriate to the and receive any necessary instructions. In order to be considered for a grant activities in the approach, the service Applicants must submit any required under this program announcement, an providers to be trained) that includes: material to the SPOCs as soon as possible so application must be submitted on the (a.) agency mission and organizational that the program office can obtain and review forms supplied and in the manner chart; (b.) resumes of project staff SPOC comments as part of the award process. prescribed by ACF. Application demonstrating linguistic and cultural It is imperative that the applicant submit all materials including forms and access for clients; (c.) history of required materials, if any, to the SPOC and instructions are available from the experience with torture survivors, such indicate the date of this submittal (or indicate contact named under the as experience as a treatment center or an ‘‘not applicable’’ if no submittal is required) ‘‘Announcement Availability’’ section on the Standard Form 424, item 16a. organization that provides social and in the preamble of this announcement. legal services to survivors of torture; (d.) Under 45 CFR 100.8(a)(2), a SPOC has Selected elements of the ACF Uniform management plan for the project 60 days from the application deadline to Project Description (UPD) relevant to contains systems of client records, comment on proposed new or this program announcement are program records, and financial competing continuation awards. attached as Appendix A.
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Application Forms application with the note ‘‘Attention: and need not mail back the certification Applicants for financial assistance Ms. Daphne Weeden.’’ (Applicants are with the applications. cautioned that express/overnight mail under this announcement must file the General Instructions for Preparing a Full services do not always deliver as Standard Form (SF) 424, Application for Project Description Federal Assistance; SF 424A, Budget agreed.) ACF cannot accommodate The project description provides a Information—Non-construction transmission of applications by fax or major means by which an application is Programs; SF 424B, Assurances—Non- through other electronic media. evaluated and ranked to compete with Construction Programs. The forms may Therefore, applications transmitted to other applications for available be reproduced for use in submitting ACF electronically will not be accepted assistance. The project description applications. Application materials regardless of date or time of submission should be concise and complete and including forms and instructions are and time of receipt. should address the activity for which also available from the Contact named Federal funds are being requested. in the ‘‘Announcement Availability’’ Late Applications Supporting documents should be section of this announcement. Applications that do not meet the included where they can present Application Submission and Deadlines criteria above are considered late information clearly and succinctly. applications. ACF shall notify each late Applicants are encouraged to provide An application with an original applicant that its application will not be information on their organizational signature and two clearly identified considered in the current competition. structure, staff, related experience, and copies is required. other information considered relevant. The closing date for submission of Extension of Deadlines Awarding offices use this and other applications is May 7, 2001. Mailed ACF may extend application information to determine whether the applications postmarked after the deadlines when circumstances such as applicant has the capability and closing date will be classified as late. acts of God (floods, hurricanes, etc.) resources necessary to carry out the Mailed applications shall be occur, or when there are widespread proposed project. It is important, considered as meeting an announced disruptions of mail service. therefore, that this information be deadline if they are either received on Determinations to extend or waive included in the application. However, or before the deadline date or sent on or deadline requirements rest with the in the narrative the applicant must before the deadline date and received by Chief Grants Management Officer. distinguish between resources directly ACF in time for the independent review For Further Information on related to the proposed project from to: U.S. Department of Health and Application Deadlines Contact: Ms. those that will not be used in support Human Services, Administration for Daphne Weeden, Administration for of the specific project for which funds Children and Families, Office of Refugee Children and Families, Office of Refugee are requested. Please refer to the UPD Resettlement, Attention: Ms. Daphne Resettlement, 370 L’Enfant Promenade sections in appendix A. Weeden. SW, 6th Floor, Washington, DC 20447, Length of Applications Applicants must ensure that a legibly Telephone: (202) 401–4577. dated U.S. Postal Service postmark or a Each application narrative portion legibly dated, machine produced Certifications, Assurances, And should not exceed 25 double-spaced postmark of a commercial mail service Disclosure Required For Non pages in a 12-pitch font. Attachments is affixed to the envelope/package Construction Programs and appendices should not exceed 25 containing the application(s). To be Applicants requesting financial pages and should be used only to acceptable as proof of timely mailing, a assistance for non-construction projects provide supporting documentation such postmark from a commercial mail must file the Standard Form 424B, as maps, administration charts, position service must include the logo/emblem ‘‘Assurances: Non-Construction descriptions, resumes, and letters of of the commercial mail service company Programs.’’ Applicants must sign and intent for partnership agreements. and must reflect the date the package return the Standard Form 424B with Please do not include books or video was received by the commercial mail their applications. tapes as they are not easily reproduced service company from the applicant. Applicants must provide a signed and are therefore, inaccessible to the Private Metered postmarks shall not be certification regarding lobbying with reviewers. Each page should be acceptable as proof of timely mailing. their applications, when applying for an numbered sequentially, including the (Applicants are cautioned that express/ award in excess of $100,000. Applicants attachments or appendices. overnight mail services do not always who have used non-Federal funds for Part IV. Post-award—Applicable deliver as agreed.) lobbying activities in connection with Regulations and Reporting Applications hand-carried by receiving assistance under this Requirements applicants, applicant couriers, or by announcement shall complete a other representatives of the applicant disclosure form to report lobbying. Applicable Regulations shall be considered as meeting an Applicants must make the appropriate Applicable DHHS regulations can be announced deadline if they are received certification of their compliance with found in 45 CFR Part 74 or Part 92. on or before the deadline date, between the Drug Free Workplace Act of 1988. the hours of 8 a.m. and 4:30 p.m., EST, By signing and submitting the Treatment of Program Income at the U.S. Department of Health and application, the applicant is providing Program income from activities Human Services, Administration for the certification and need not mail back funded under this program may be Children and Families, the Office of the certification with the applications. retained by the recipient and added to Refugee Resettlement, 6th Floor, Applicants must make the appropriate the funds committed to the project and Aerospace Building, 901 D Street, SW, certification that they are not presently used to further program objectives. Washington, DC 20447 between Monday debarred, suspended or otherwise and Friday (excluding Federal ineligible for an award. By signing and Reporting Requirements holidays). The address must appear on submitting the application, the Grantees are required to file the the envelope/package containing the applicant is providing the certification Financial status Report (SF–269) and
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Program Performance Reports on a semi- Part II General Instructions for Preparing a social services and legal hours to be annual basis. Funds issued under these Full Project Description provided. Where the application proposes training, applicants might project frequency awards must be accounted for and Introduction reported upon separately from all other of training activities, the content of training, Applicants required to submit a full project projected attendance and knowledge gained. grant activities. ORR does not expect the description shall prepare the project When accomplishments cannot be quantified proposed components/projects to description statement in accordance with the by activity or function, list them in include evaluation activities, however, following instructions and the specified chronological order to show the schedule of it does expect grantees to maintain evaluation criteria. The instructions give a accomplishments and their target dates. adequate records to track and report on broad overview of what your project If any data is to be collected, maintained, project outcomes. The official receipt description should include while the and/or disseminated, clearance may be point for all reports and correspondence evaluation criteria expands and clarifies required from the U.S. Office of Management more program-specific information that is is the ORR Grants Officer. An original and Budget (OMB). This clearance pertains to needed. any ‘‘collection of information that is and one copy of each report shall be conducted or sponsored by ACF.’’ Project Summary/Abstract submitted within 30 days of the end of List organizations, cooperating entities, each reporting period directly to the Provide a summary of the project consultants, or other key individuals who Grants Officer. The mailing address is: description (a page or less) with reference to will work on the project along with a short Ms. Daphne Weeden, Administration for the funding request. description of the nature of their effort or Children and Families, Office of Refugee Objectives and Need for Assistance contribution. Resettlement, 370 L’Enfant Promenade Clearly identify the physical, economic, Geographic Location SW, 6th Floor, Washington, DC 20447. social, financial, institutional, and/or other Describe the precise location of the project A final Financial and Program Report problem(s) requiring a solution. The need for and boundaries of the area to be served by shall be due 90 days after the budget assistance must be demonstrated and the the proposed project. Maps or other graphic expiration date or termination of grant principal and subordinate objectives of the aids may be attached. support. project must be clearly stated; supporting documentation, such as letters of support and Staff and Position Data Dated: February 28, 2001. testimonials from concerned interests other Provide a biographical sketch for each key Carmel Clay-Thompson, than the applicant, may be included. Any person appointed and a job description for Acting Director, Office of Refugee relevant data based on planning studies each vacant key position. A biographical Resettlement. should be included or referred to in the sketch will also be required for new key staff endnotes/footnotes. Incorporate demographic as appointed. Appendix A—Uniform Project data and participant/beneficiary information, Description Overview OMB No. 0970– as needed. In developing the project Organizational Profiles 0139 description, the applicant may volunteer or Provide information on the applicant be requested to provide information on the organization(s) and cooperating partners such The project description is approved under total range of projects currently being as organizational charts, financial statements, OMB control number 0970–0139 which conducted and supported (or to be initiated), audit reports or statements from CPAs/ expires 12/31/2003. some of which may be outside the scope of Licensed Public Accountants, Employer Part I The Project Description Overview the program announcement. Identification Numbers, names of bond carriers, contact persons and telephone Purpose Results or Benefits Expected numbers, child care licenses and other The project description provides a major Identify the results and benefits to be documentation of professional accreditation, means by which an application is evaluated derived. For example, the application would information on compliance with Federal/ and ranked to compete with other describe the torture victims to be treated, the State/local government standards, applications for available assistance. The number expected to use the service and the documentation of experience in the program project description should be concise and measures of improvement expected in the area, and other pertinent information. Any complete and should address the activity for clients as a result of the treatment. Similarly, non-profit organization submitting an which Federal funds are being requested. where research and training activities are application must submit proof of its non- Supporting documents should be included proposed, the application would describe the profit status in its application at the time of where they can present information clearly training schedule and curriculum as well as submission. and succinctly. In preparing your project the number expected to attend the training The non-profit agency can accomplish this description, all information requested and the measures of information to be gained by providing a copy of the applicant’s listing through each specific evaluation criteria from the training. in the Internal Revenue Service’s (IRS) most recent list of tax-exempt organizations should be provided. Awarding offices use Approach this and other information in making their described in Section 501(c)(3) of the IRS funding recommendations. It is important, Outline a plan of action which describes code, or by providing a copy of the currently therefore, that this information be included the scope and detail of how the proposed valid IRS tax exemption certificate, or by in the application. work will be accomplished. Account for all providing a copy of the articles of functions or activities identified in the incorporation bearing the seal of the State in General Instructions application. Cite factors which might which the corporation or association is ACF is particularly interested in specific accelerate or decelerate the work and state domiciled. factual information and statements of your reason for taking the proposed approach measurable goals in quantitative terms. rather than others. Describe any unusual Dissemination Plan Project descriptions are evaluated on the features of the project such as design or Provide a plan for distributing reports and basis of substance, not length. Extensive technological innovations, reductions in cost other project outputs to colleagues and the exhibits are not required. Cross referencing or time, or extraordinary social and public. Applicants must provide a should be used rather than repetition. community involvement. description of the kind, volume and timing Supporting information concerning activities Provide quantitative monthly or quarterly of distribution. that will not be directly funded by the grant projections of the accomplishments to be or information that does not directly pertain achieved for each function or activity in such Third-Party Agreements to an integral part of the grant funded activity terms as the number of people to be served Include written agreements between should be placed in an appendix. and the number of activities accomplished. grantees and subgrantees or subcontractors or Pages should be numbered and a table of For example, applicants might project the other cooperating entities. These agreements contents should be included for easy number of torture victims to be enrolled for must detail scope of work to be performed, reference. services with the number of clinical hours, work schedules, remuneration, and other
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terms and conditions that structure or define subsistence allowances. Travel costs for key Other the relationship. staff to attend ACF-sponsored workshops Enter the total of all other costs. Such should be detailed in the budget. Letters of Support costs, where applicable and appropriate, may Equipment include but are not limited to insurance, Provide statements from community, food, medical and dental costs Description: ‘‘Equipment’’ means an article public and commercial leaders that support (noncontractual), professional services costs, the project proposed for funding. All of nonexpendable, tangible personal property space and equipment rentals, printing and submissions should be included in the having a useful life of more than one year publication, computer use, training costs, application OR by application deadline. and an acquisition cost which equals or exceeds the lesser of (a) the capitalization such as tuition and stipends, staff Budget and Budget Justification level established by the organization for the development costs, and administrative costs. Provide line item detail and detailed financial statement purposes, or (b) $5,000. Justification: Provide computations, a calculations for each budget object class (Note: Acquisition cost means the net invoice narrative description and a justification for identified on the Budget Information form. unit price of an item of equipment, including each cost under this category. Detailed calculations must include the cost of any modifications, attachments, Indirect Charges estimation methods, quantities, unit costs, accessories, or auxiliary apparatus necessary Description: Total amount of indirect costs. and other similar quantitative detail to make it usable for the purpose for which sufficient for the calculation to be duplicated. it is acquired. Ancillary charges, such as This category should be used only when the The detailed budget must also include a taxes, duty, protective in-transit insurance, applicant currently has an indirect cost rate breakout by the funding sources identified in freight, and installation shall be included in approved by the Department of Health and Block 15 of the SF–424. or excluded from acquisition cost in Human Services (HHS) or another cognizant Provide a narrative budget justification that accordance with the organization’s regular Federal agency. describes how the categorical costs are written accounting practices.) Justification: An applicant that will charge derived. Discuss the necessity, Justification: For each type of equipment indirect costs to the grant must enclose a reasonableness, and allocability of the requested, provide a description of the copy of the current rate agreement. If the proposed costs. equipment, the cost per unit, the number of applicant organization is in the process of units, the total cost, and a plan for use on the initially developing or renegotiating a rate, it General project, as well as use or disposal of the should immediately upon notification that an The following guidelines are for preparing equipment after the project ends. An award will be made, develop a tentative the budget and budget justification. Both applicant organization that uses its own indirect cost rate proposal based on its most Federal and non-Federal resources shall be definition for equipment should provide a recently completed fiscal year in accordance detailed and justified in the budget and copy of its policy or section of its policy with the principles set forth in the cognizant narrative justification. For purposes of which includes the equipment definition. agency’s guidelines for establishing indirect preparing the budget and budget justification, cost rates, and submit it to the cognizant Supplies ‘‘Federal resources’’ refers only to the ACF agency. Applicants awaiting approval of their grant for which you are applying. Non- Description: Costs of all tangible personal indirect cost proposals may also request Federal resources are all other Federal and property other than that included under the indirect costs. It should be noted that when non-Federal resources. It is suggested that Equipment category. an indirect cost rate is requested, those costs budget amounts and computations be Justification: Specify general categories of included in the indirect cost pool should not presented in a columnar format: first column, supplies and their costs. Show computations also be charged as direct costs to the grant. object class categories; second column, and provide other information which Also, if the applicant is requesting a rate Federal budget; next column(s), non-Federal supports the amount requested. which is less than what is allowed under the budget(s), and last column, total budget. The Contractual program, the authorized representative of the budget justification should be a narrative. applicant organization must submit a signed Description: Costs of all contracts for acknowledgement that the applicant is Personnel services and goods except for those which accepting a lower rate than allowed. Description: Costs of employee salaries and belong under other categories such as wages. equipment, supplies, construction, etc. Program Income Justification: Identify the project director or Third-party evaluation contracts (if Description: The estimated amount of principal investigator, if known. For each applicable) and contracts with secondary income, if any, expected to be generated from staff person, provide the title, time recipient organizations, including delegate this project. commitment to the project (in months), time agencies and specific project(s) or businesses Justification: Describe the nature, source commitment to the project (as a percentage to be financed by the applicant, should be and anticipated use of program income in the or full-time equivalent), annual salary, grant included under this category. budget or refer to the pages in the application salary, wage rates, etc. Do not include the Justification: All procurement transactions which contain this information. costs of consultants or personnel costs of shall be conducted in a manner to provide, delegate agencies or of specific project(s) or to the maximum extent practical, open and Total Direct Charges, Total Indirect Charges, businesses to be financed by the applicant. free competition. Recipients and Total Project Costs subrecipients, other than States that are Self-explanatory. Fringe Benefits required to use Part 92 procedures, must [FR Doc. 01–5510 Filed 3–6–01; 8:45 am] Description: Costs of employee fringe justify any anticipated procurement action BILLING CODE 4184–01–P benefits unless treated as part of an approved that is expected to be awarded without indirect cost rate. competition and exceed the simplified Justification: Provide a breakdown of the acquisition threshold fixed at 41 U.S.C. amounts and percentages that comprise 403(11) currently set at $100,000. Recipients DEPARTMENT OF HOUSING AND fringe benefit costs such as health insurance, might be required to make available to ACF URBAN DEVELOPMENT FICA, retirement insurance, taxes, etc. pre-award review and procurement documents, such as request for proposals or [Docket No. FR–4655–N–07] Travel invitations for bids, independent cost Description: Costs of project-related travel estimates, etc. Notice of Proposed Information by employees of the applicant organization Note: Whenever the applicant intends to Collection: Comment Request; (does not include costs of consultant travel). delegate part of the project to another agency, Multifamily Contractor’s, Mortgagor’s, Justification: For each trip, show the total the applicant must provide a detailed budget Borrower’s Cost Breakdown and number of traveler(s), travel destination, and budget narrative for each delegate Certification duration of trip, per diem, mileage agency, by agency title, along with the allowances, if privately owned vehicles will required supporting information referred to AGENCY: Office of the Assistant be used, and other transportation costs and in these instructions. Secretary for Housing, HUD.
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ACTION: Notice. establish a schedule of values of DEPARTMENT OF HOUSING AND construction items on which the URBAN DEVELOPMENT SUMMARY: The proposed information monthly advances or mortgage proceeds collection requirement described below [Docket No. FR–4655–N–08] are based. HUD–92330–A is used by will be submitted to the Office of contractors to convey actual Management and Budget (OMB) for Notice of Proposed Information construction costs in a standardized review, as required by the Paperwork Collection: Comment Request; Reduction Act. The Department is format of cost certification. In addition Application for Multifamily Housing soliciting public comments on the to assuring that the mortgage proceeds Project subject proposal. have not been used for purposes other than construction cost, form HUD– AGENCY: Office of the Assistant DATES: Comments Due Date: May 7, Secretary for Housing, HUD. 2001. 92330–A further protects the interest of the Department by directly monitoring ACTION: Notice. ADDRESSES: Interested persons are the accuracy of the itemized trades in SUMMARY: The proposed information invited to submit comments regarding form HUD–2328, and also serves as this proposal. Comments should refer to collection requirement described below project data to keep field office cost data the proposal by name and/or OMB will be submitted to the Office of banks and cost estimates current and Control Number and should be sent to: Management and Budget (OMB) for accurate. HUD–2205 is used to certify Wayne Eddins, Reports Management review, as required by the Paperwork Officer, Department of Housing and the actual construction and Reduction Act. The Department is Urban Development, 451 7th Street, SW, improvement costs of Section 220 and soliciting public comments on the L’Enfant Building, Room 8202, 234 projects. HUD–2205–A is used to subject proposal. Washington, DC 20410. certify the actual costs of acquisition or DATES: Comments Due Date: May 7, FOR FURTHER INFORMATION CONTACT: refinancing of projects insured under 2001. the Section 223(f) program. Michael McCullough, Director, Office of ADDRESSES: Interested persons are Multifamily Development, U.S. Agency Form Numbers, if Applicable: invited to submit comments regarding Department of Housing and Urban HUD–2328, HUD–92330–A, HUD–2205, this proposal. Comments should refer to Development, 451 7th Street, SW, HUD–2205–A. the proposal by name and/or OMB Washington, DC 20410, telephone Estimation of the Total Numbers of Control Number and should be sent to: number (202) 708–3000 (this is not a Hours Needed to Prepare the Wayne Eddins, Reports Management toll-free number), for copies of the Information Collection Including Officer, Department of Housing and proposed forms and other available Number of Respondents, Frequency of Urban Development, 451 7th Street, SW, information. Response, and Hours of Response: The L’Enfant Building, Room 8202, SUPPLEMENTARY INFORMATION: The estimated number of respondents for Washington, DC 20410. Department is submitting the proposed form HUD–2328 is 500, the frequency of FOR FURTHER INFORMATION CONTACT: information collection to OMB for responses is 1, the number of hours per Michael McCullough, Director, Office of review, as required by the Paperwork response is 8, for a total of 4,000 annual Multifamily Development, U.S. Reduction Act of 1955 (44 U.S.C. burden hours. The estimated number of Department of Housing and Urban Chapter 35, 12 amended). respondents for form HUD–92330–A is Development, 451 7th Street, SW, This Notice is soliciting comments Washington, DC 20410, telephone from members of the public and affected 350, the frequency of responses is 1, the number of hours per response is 16, for number (202) 708–3000 (this is not a agencies concerning the proposed toll-free number), for copies of the collection of information to: (1) Evaluate a total of 5,600 annual burden hours. The estimated number of respondents proposed forms and other available whether the proposed collection is information. necessary for the proper performance of for form HUD–2205 is 10, the frequency the functions of the agency, including of responses is 1, the hours per response SUPPLEMENTARY INFORMATION: The whether the information will have is 8, for a total of 80 annual burden Department is submitting the proposed practical utility; (2) Evaluate the hours. The estimated number of information collection to OMB for accuracy of the agency’s estimate of the respondents for form HUD–2205–A is review, as required by the Paperwork burden of the proposed collection of 75, the frequency of responses is 1, the Reduction Act of 1955 (44 U.S.C. information; (3) Enhance the quality, number of hours per response is 8, for Chapter 35, as amended). utility, and clarity of the information to a total of 600 annual burden hours. This notice is soliciting comments from members of the public and affected be collected; and (4) Minimize the Status of the Proposed Information burden of the collection of information agencies concerning the proposed Collection: Revision of a currently collection of information to: (1) Evaluate on those who are to respond; including approved collection. the use of appropriate automated whether the proposed collection is collection techniques or other forms of Authority: The Paperwork Reduction Act necessary for the proper performance of information technology, e.g., permitting of 1995, 44 U.S.C., Chapter 35, as amended. the functions of the agency, including electronic submission of responses. Dated: February 26, 2001. whether the information will have practical utility; (2) Evaluate the This Notice also lists the following Wayne Eddins, information: accuracy of the agency’s estimate of the Title of Proposal: Multifamily Reports Management Officer, Office of the burden of the proposed collection of Contractor’s, Mortgagor’s, Borrower’s Chief Information Officer information; (3) Enhance the quality, Cost Breakdowns and Certification. [FR Doc. 01–5546 Filed 3–6–01; 8:45 am] utility, and clarity of the information to OMB Control Number, if Applicable: BILLING CODE 4210–27–M be collected; and (4) Minimize the 2502–0044. burden of the collection of information Description of the Need for the on those who are to respond; including Information and Proposed Use: Form the use of appropriate automated HUD–2328 is used by contractors to collection techniques or other forms of
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information technology, e.g., permitting Dated: February 26, 2001. SUMMARY: The U.S. Fish and Wildlife electronic submission of responses. Wayne Eddins, Service is announcing its intention to This Notice also lists the following Reports Management Officer, Office of the request renewal of its existing approval information: Chief Information Officer. to collect certain information from Title of Proposal: Application for [FR Doc. 01–5547 Filed 3–6–01; 8:45 am] applicants who wish to obtain a permit Multifamily Housing Project. BILLING CODE 4210–27–M or license to conduct activities under a OMB Control Number, if applicable: number of wildlife conservation laws, 2502–0029. treaties and regulations. We will submit DEPARTMENT OF HOUSING AND the collection of information listed Description of the need for the URBAN DEVELOPMENT below to the Office of Management and information and proposed use: Form [Docket No. FR–4649–N–11] Budget (OMB) for approval under the HUD–92013 is the basic application provisions of the Paperwork Reduction form used in all HUD/FHA multifamily Announcement of OMB Approval Act of 1995. If you wish to obtain copies insurance programs. HUD–92013 and its of the proposed information collection related exhibits are needed by the Number for Historically Black Colleges and Universities (HBCUs) Program requirement, related forms, and Department to determine project explanatory material, contact the feasibility, and mortgagor/contractor AGENCY: Office of the Assistant Collection Clearance Officer at the acceptability. The Department is Secretary for Community Planning and address listed below. required to analyze specific information Development, HUD. DATES: OMB has up to 60 days to including financial data, cost data, ACTION: Announcement of OMB approve or disapprove information drawings, and specifications to Approval Number. determine whether the proposed project collection, but may respond after 30 meets program requirements for SUMMARY: The purpose of this notice is days. Therefore, to ensure maximum mortgage insurance. Form HUD–92013– to announce the OMB approval number consideration you must submit NHICF is the basic application used for the collection of information comments on or before April 6, 2001. specifically to insured nursing homes, pertaining to Historically Black Colleges ADDRESSES: Send your comments and intermediate care facilities, and board and Universities (HBCUs) Program. suggestions on specific requirements to and care homes. HUD–92013–NHICF is FOR FURTHER INFORMATION CONTACT: Ms. the Office of Management and Budget, used to determine project feasibility and Ophelia Wilson, Department of Housing Attention: Department of the Interior mortgagor/contractor acceptability when and Urban Development, 451 7th Street, Desk Officer, 725 17th Street, NW, insuring health care facilities. Form Southwest, Washington, DC 20410, Washington, DC 20503, and to Rebecca HUD–92013–Supp is used to determine telephone (202) 708–1590. This is not a Mullin, Collection Clearance Officer, the creditworthiness of principal toll-free number. U.S. Fish and Wildlife Service, MS 222– sponsors and the general contractor, the SUPPLEMENTARY INFORMATION: In ARLSQ; 4401 N. Fairfax Drive, existence of any federal debt, accordance with the Paperwork Arlington, VA 22203. judgments, or bankruptcy claims. The Reduction Act of 1995 (44 U.S.C. FOR FURTHER INFORMATION CONTACT: To collection of this information is required Chapter 35, as amended), this notice request a copy of the information to reduce the risk of project defaults and advises that OMB has responded to the collection request, explanatory claims against the FHA insurance funds. Department’s request for approval of the information and related forms, contact Agency form numbers, if applicable: information collection pertaining to Rebecca A. Mullin, Collection Clearance HUD–92013, HUD–92013–NHICF, Historically Black Colleges and Officer at 703–358–2287, or HUD–92013–Supp. Universities (HBCUs) Program. The electronically to: [email protected]. OMB approval number for this Estimation of the total numbers of SUPPLEMENTARY INFORMATION: OMB information collection is 2506–0122, hours needed to prepare the information regulations at 5 CFR 1320, which which expires on February 29, 2004. collection including number of implement provisions of the Paperwork An agency may not conduct or respondents, frequency of response, and Reduction Act of 1995 (Pub. L, 104–13), sponsor, and a person is not required to hours of response: The estimated require that interested members of the respond to, a collection of information, number of respondents for form HUD– public and affected agencies have an unless it displays a currently valid OMB 92013 is 1500, the frequency of opportunity to comment on information control number. responses is 1, the number of burden collection and record keeping activities hours is 68 hours, for a total of 102,000 Dated: February 28, 2001. [see 5 CFR 1320.8(d)]. The U.S. Fish and annual burden hours. The estimated Donna M. Abbenante, Wildlife Service (We) has submitted a number of respondents for HUD–92013– Acting, General Deputy Assistant Secretary. request to OMB to renew its approval of NHICF is 1,000, the frequency of [FR Doc. 01–5548 Filed 3–6–01; 8:45 am] the collection of information for the responses is 1, the number of burden BILLING CODE 4210–29–M Service’s license/permit application hours is 64, for a total of 64,000 annual form number 3–200–1 through 3–200–3 burden hours. The estimated number of and 3–200–26. We are requesting a 3- respondents for HUD–92013–Supp is DEPARTMENT OF THE INTERIOR year term of approval for this 3,800, the frequency of responses is 1, information collection activity. A the number of burden hours is 0.6, for Fish and Wildlife Service previous 60-day notice on this a total of 2,280 annual burden hours. information collection requirement was Status of the proposed information Extension of Approved Information published in the November 29, 2000 (65 collection: Reinstatement without Collection, OMB Number 1018–0092, FR 30246) Federal Register inviting change or previously approved on Permit/License Applications public comment. No comments on the collection for which approval has AGENCY: previous notice were received. This expired. Fish and Wildlife Service, Interior. notice provides an additional 30 days in which to comment on the following Authority: The Paperwork Reduction Act ACTION: Notice; request for comments. of 1995, 44 U.S.C., Chapter 35, as amended. information.
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We invite comments concerning this Dated: February 15, 2001. at 50 CFR 17.22 (endangered wildlife renewal on: (1) whether the collection of Rebecca A. Mullin, species), 17.32 (threatened wildlife information is necessary for the proper Information Collection Officer, U.S. Fish and species), 17.62 (endangered plant performance of the functions of the Wildlife Service. species), and 17.72 (threatened plant agency, including whether the [FR Doc. 01–5551 Filed 3–6–01; 8:45 am] species) to guide implementation of information will have practical utility; BILLING CODE 4310–55–P these exceptions to the ‘‘take’’ (2) the accuracy of the agency’s estimate prohibitions through permitting of burden, (3) ways to enhance the programs. The U.S. Fish and Wildlife quality, utility and clarity of the DEPARTMENT OF THE INTERIOR Service’s general permit regulations can be found at 50 CFR 13. Take authorized information to be collected; and (4) Fish and Wildlife Service ways to minimize the burden of the under this permit program would collection of information on those who otherwise be prohibited by the ESA. The Information Collection Submitted to permit issuance criteria are designed to are to respond. The information the Office of Management and Budget ensure that the requirements of the ESA collections in this program are part of a (OMB) for Reinstatement Approval are met, i.e., that conduct of the system of record covered by the Privacy Under the Paperwork Reduction Act requested actions and issuance of the Act [5 U.S.C. 552(a)]. AGENCY: Fish and Wildlife Service, permit will enhance the survival of the Federal agencies may not conduct or Interiors. species. sponsor, and a person is not required to ACTION: Notice; request for comments. The Office of Management and Budget respond to, a collection of information (OMB) regulations at 5 CFR 1320, which unless it displays a currently valid OMB SUMMARY: The U.S. Fish and Wildlife implement provisions of the Paperwork control number. The OMB control Service has submitted the collection of Reduction Act of 1995 (Pub. L. 104–13), number for this collection of information listed below to OMB for require that interested members of the information is 1018–0092. approval under the provisions of the public and affected agencies have an Paperwork Reduction Act. A copy of the opportunity to comment on information The information collection information collection requirement is collection and recordkeeping activities requirements in this submission included in this notice. Copies of the (see 5 CFR 1320.8(d)). The U.S. Fish and implement the regulatory requirements proposed information collection Wildlife Service (We) will submit a of the Endangered Species Act (16 requirement, related forms, and request to OMB to renew its existing U.S.C. 1539), the Migratory Bird Treaty explanatory material may be obtained approval of the collection of information Act (15 U.S.C. 704), the Lacey Act (18 by contacting the Service Information for Native Endangered and Threatened U.S.C. 42–44), the Bald and Golden Collection Clearance Officer at the Species Permit Applications, which Eagle Protection Act (16 U.S.C. 668), the address listed below. expires on February 28, 2001. We are Convention on International Trade in DATES: OMB has up to 60 days to requesting a 3-year term of approval for Endangered Species of Wild Fauna and approve or disprove information this information collection activity. Flora (CITES), (27 UST 108), the Marine collection but may respond after 30 A previous 60-day notice on this Mammal Protection Act (16 U.S.C. days. Therefore, to ensure maximum information collection requirement was 1361–1407), and Wild Bird consideration, you must submit published in the Federal Register on Conservation Act (16 U.S.C. 4901– comments on or before April 6, 2001. December 21, 2000 (65 FR 80449) 4916), and are contained in Service ADDRESSES: Comments and suggestions inviting public comment. No comments regulations in Chapter I, Subchapter B on the requirement should be sent on the previous notice were received as of Title 50 Code of Federal Regulations directly to the Office of Information and of February 20, 2001. This notice (CFR). Common permit application and Regulatory Affairs; Office of provides an additional 30 days in which record keeping requirements have been Management and Budget; Attention: to comment on the following consolidated in 50 CFR 13, and unique Desk Officer for the Department of the information. requirements of the various statutes in Interior; 725 17th Street, N.W., Federal agencies may not conduct or the applicable Part. Washington, DC 20503; and a copy of sponsor, and a person is not required to respond to, a collection of information OMB Control Number: 1018–0092. the comments should be sent to Rebecca A. Mullin, Service Information unless it displays a currently valid OMB Service Form Numbers: 3–200–1 Collection Clearance Officer, U.S. Fish control number. The current OMB through 3–200–3 and 3–200–26. and Wildlife Service, 4401 North Fairfax control number for this collection of Frequency of Collection: On Occasion. Drive, Mail Stop 224–ARLSQ; information is 1018–0094. The information collection Arlington, Virginia 22203. Description of Respondents: requirements in this submission Individuals, biomedical companies, FOR FURTHER INFORMATION CONTACT: implement the regulatory requirements circuses, zoological parks, botanical Rebecca A. Mullin, Service Information of the Endangered Species Act (16 gardens, nurseries, museums, Collection Clearance Officer at (703) U.S.C. 1539), the Migratory Bird Treaty universities, scientists, antique dealers, 358–2287, or electronically at Act (16 U.S.C. 704), and the Bald Eagle exotic pet industry, hunters, [email protected]. Protection Act (16 U.S.C. 668) contained taxidermists, commercial importers/ SUPPLEMENTARY INFORMATION: The in Service regulations in Chapter I, exporters of wildlife and plants, freight Endangered Species Act (ESA) provides Subchapter B of Title 50 of the Code of forwarders/brokers, local, State, tribal for the protection of listed species Federal Regulations (CFR). and Federal governments. through establishment of programs for The information to be supplied on the Total Annual Burden Hours: 8,232.64. their recovery and through prohibition application form and the attachments of harmful activities. The ESA also will be used to review the application Total Annual Responses: 8,236. provides for a number of exceptions to and allow the Service to make Total Annual Non-Hour Cost Burden: its prohibitions against ‘‘take’’ of listed decisions, according to criteria $308,200 ($25 application fees and $50 species. Under sections 6 and 10 of the established in various Federal wildlife license fee). ESA, regulations have been promulgated conservation statutes and regulations on
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the issuance, suspension, revocation, or proposed for listing, species that are Frequency of Collection: Annually. denial of permits. The obligation to candidates for listing, or species that are Description of Respondents: respond is, ‘‘required to obtain a likely to become candidates in the near Individuals, households, businesses, benefit.’’ An agency may not conduct or future will receive assurances from the local and State agencies. sponsor a collection of information Service that additional conservation Total Annual Burden Hours: The unless the collection of information measures will not be required and reporting burden is estimated to average displays a currently valid OMB control additional regulatory restrictions will 2.5 hours per respondent for the number. We have revised the following not be imposed should the species application and 5 hours per respondent requirements, and they are included in become listed in the future. for the annual report on the permitted this submission: 2. Title: Native Endangered and activities. The Total Annual Burden 1. Title: Native Endangered and Threatened Species—Permits for hours is 250 hours for the application Threatened Species—Enhancement of Scientific Purposes, Enhancement of and 1,750 hours for the annual report on Survival Permits associated with Safe Propagation or Survival (i.e., Recovery the permitted activities. Harbor Agreements, and Candidate Permits) and Interstate Commerce Total Annual Responses: The number Conservation Agreements with Approval Number: 1018–0094. of respondents is estimated to be 100 Assurances. Service Form Number: 3–200–55. respondents for the application and 350 Approval Number: 1018–0094. Frequency of Collection: Annually. respondents for the annual report of the Description of Respondents: Service Form Number: 3–200–54. permitted activities. Frequency of Collection: Annually. Individuals, scientific and research Regulations have been promulgated at Description of Respondents: institutions. Individuals, households, businesses, Total Annual Burden Hours: The 17.22(b) for endangered wildlife species State agencies, private organizations. reporting burden is estimated to average and 17.32(b) for threatened wildlife Total Annual Burden Hours: The 2 hours per respondent for the species to guide implementation of reporting burden is estimated to average application and 2 hours per respondent these permitting programs for Incidental 2.5 hours per respondent for the for the annual report on the permitted Take permits associated with a Habitat application and 5 hours per respondent activities. The Total Annual Burden Conservation Plan under section for the annual report of permitted hours is 1,050 hours for the application 10(a)(1)(B) of the ESA. Form number 3– activities. The Total Annual Burden and 200 hours for the annual report on 200–56 was developed to facilitate hours is 125 hours for the application the permitted activities. collection of information required by and 750 hours for the annual report on Total Annual Responses: The number these regulations. These permits allow the permitted activities. of respondents is estimated to average ‘‘take’’ of listed species that is incidental Total Annual Responses: The number 525 respondents for the application and to otherwise lawful non-Federal actions. of respondents is estimated to average 100 respondents for the annual report of The Service’s Incidental Take permit 50 respondents for the application and the permitted activities. program provides a flexible process for 150 for the annual report of the Regulations have been promulgated at addressing situations in which a permitted activities. 17.22(a) for endangered wildlife species, property owner’s otherwise lawful Regulations have been promulgated at 17.32(a) for threatened wildlife species, activities might result in incidental take 17.22(c) and (d) for endangered wildlife 17.62 for endangered plant species, and of a listed species. The Incidental Take species and 17.32(c) and (d) for 17.72 for threatened plant species to permit program’s major strength is that threatened wildlife species to guide guide implementation of these it provides a process that readily allows implementation of these permitting permitting programs for Recovery and the development of local solutions to programs for Enhancement of Survival Interstate Commerce permits under wildlife conservation as an alternative permits associated with Safe Harbor section 10(a)(1)(A) of the ESA. Service to comprehensive federal regulation. Agreements and with Candidate form 3–200–55 was developed to Local entities and private landowners Conservation Agreements with facilitate collection of information are given assurances that they will not Assurances under section 10(a)(1)(A) of required by these regulations. Recovery be required to make additional the ESA. Service form 3–200–54 was permits allow ‘‘take’’ of listed species as commitments of land, water, or money; developed to facilitate collection of part of scientific research and or be subject to additional restrictions information required by these management actions, enhancement of on the use of land, water, or other regulations. propagation or survival, zoological natural resources for species adequately An Enhancement of Survival permit exhibition, educational purposes, or covered by a properly implemented authorizes incidental take that may special purposes consistent with the Habitat Conservation Plan. occur under the Safe Harbor Agreement ESA designed to benefit the species We invite comments concerning this or Candidate Conservation Agreement involved. Interstate Commerce permits renewal on: (1) whether the collection of with Assurances. Under the Safe Harbor allow transport and sale of listed species information is necessary for the proper policy, non-Federal property owners across State lines as part of breeding performance of our endangered and who voluntarily enter into a Safe Harbor programs enhancing the survival of the threatened species management Agreement for implementation of species. Detailed descriptions of the functions, including whether the conservation measures for listed species proposed taking, its necessities for information will have practical utility; will receive assurances from the Service success of the proposed action, and (2) the accuracy of our estimate of the that additional regulatory restrictions benefits to the species resulting from the burden of the collection of information; will not be imposed beyond those proposed action are required under the (3) ways to enhance the quality, utility, existing at the time of the Agreement. implementing regulations cited above. and clarity of the information to be Under the Candidate Conservation 3. Title: Native Endangered and collected; and, (4) ways to minimize the Agreements with Assurances policy, Threatened Species—Incidental Take burden of the collection of information non-Federal property owners who Permits Associated With a Habitat on respondents. The information voluntarily enter into such an Conservation Plan collections in this program are part of a Agreement for implementation of Approval Number: 1018–0094. system of records covered by the conservation measures for species Service Form Number: 3–200–56. Privacy Act (5 U.S.C. 552(a)).
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Dated: February 23, 2001 DEPARTMENT OF THE INTERIOR incidental to oil and gas industry Jack Kraus, activities. Chief, Division of Policy and Directives, Fish and Wildlife Service SUMMARY: In accordance with section Management. Letters of Authorization To Take 101(a)(5)(A) of the Marine Mammal [FR Doc. 01–5552 Filed 3–6–01; 8:45 am] Marine Mammals Protection Act of 1972, as amended, and BILLING CODE 4310–55–P the U.S. Fish and Wildlife Service AGENCY: U.S. Fish and Wildlife Service– implementing regulations [50 CFR DOI. 18.27(f)(3)], notice is hereby given that a Letter of Authorization to take polar ACTION: Notice of issuance of a Letter of bears incidental to oil and gas industry Authorization to take marine mammals exploration activities has been issued to the following company:
Company Activity Location Date issued
Phillips Alaska, Inc...... Exploration ...... Cronus #1 ...... February 8, 2001.
CONTACT: Mr. John W. Bridges at the shall have until April 6, 2001 to file an of persons wishing to make an oral U.S. Fish and Wildlife Service, Marine appeal. However, parties receiving statement, a per-person time limit may Mammals Management Office, 1011 East service by certified mail shall have 30 be established. Summary minutes of the Tudor Road, Anchorage, Alaska 99503, days from the date of receipt to file an meeting will be available for public (800) 362–5148 or (907) 786–3810. appeal. Appeals must be filed in the inspection and copying. SUPPLEMENTARY INFORMATION: The Bureau of Land Management at the The 15-member Council advises the Letters of Authorization are issued in address identified above, where the Secretary of the Interior, through the accordance with U.S. Fish and Wildlife requirements for filing an appeal may be BLM, on a variety of planning and Service Federal Rules and Regulations obtained. Parties who do not file an management issues associated with ‘‘Marine Mammals; Incidental Take appeal in accordance with the public land management in the Dakotas. During Specified Activities (65 FR requirements of 43 CFR Part 4, Subpart FOR FURTHER INFORMATION CONTACT: 16828; March 30, 2000).’’ E, shall be deemed to have waived their Patrick Gubbins, Field Office Manager, rights. South Dakota Field Office, 310 Roundup Dated: February 20, 2001. Except as modified, the decision, David B. Allen, St., Belle Fourche, South Dakota. notice of which was given January 17, Telephone (605) 892–7000. Regional Director. 2001, is final. [FR Doc. 01–5514 Filed 3–6–01; 8:45 am] Dated: February 1, 2001. Ronald E. Royer, BILLING CODE 4310–55–M Patrick Gubbins, Land Law Examiner, Branch of ANCSA Field Office Manager. Adjudication. [FR Doc. 01–5476 Filed 3–6–01; 8:45 am] DEPARTMENT OF THE INTERIOR [FR Doc. 01–5475 Filed 3–6–01; 8:45 am] BILLING CODE 4310–84–P BILLING CODE 4310–$$–U Bureau of Land Management, Alaska DEPARTMENT OF THE INTERIOR [AK–962–1410–HY–P] DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice for Publication; F–14870–A; Bureau of Land Management Alaska Native Claims Selection [CA920–1310–FI: CAS 019727B] Dakotas Advisory Council Meeting; In accordance with Departmental Notice of Meeting California: Notice of Proposed regulation 43 CFR 2650.7(d), notice is Reinstatement of Terminated Oil and hereby given that the decision to issue AGENCY: Bureau of Land Management, Gas Lease conveyance (DIC) to Kaktovik Inupiat North Dakota Field Office, Interior. Corporation, notice of which was SUMMARY: A meeting of the Dakotas Under the provisions of Public Law published in the Federal Register, Resource Advisory Council will be held 97–451, a petition for reinstatement of Volume 66, Number 11, Pages 4038 and March 26 & 27, 2001, at the Spearfish oil and gas lease CAS 019272B for lands 4039, on January 17, 2001, is hereby Canyon Resort, Savoy, South Dakota. in Kern County, California, was timely modified in part. The session will convene at 8 a.m. on filed and was accompanied by all the Notice of the modified decision will March 26th and resume at 8 a.m. on the required rentals and royalties accruing be published once a week, for four (4) 27th. Agenda items will include Off from November 1, 2000, the date of consecutive weeks, in the Arctic Highway Vehicles, Homestake termination. Sounder. Copies of the modified Exchange, Endangered Species (sage No valid lease has been issued decision may be obtained by contacting grouse and prairie dogs), Outfitting by affecting the lands. The lessee has the Alaska State Office of the Bureau of FS and BLM, Fire and Fuel Reductions agreed to amend lease terms for rentals Land Management, 222 West Seventh and Native American Consultation. and royalties at the rate of $5.00 per Avenue, #13, Anchorage, Alaska 99513– The meeting is open to the public and acre, or fraction thereof, per year and 7599 ((907) 271–5960). a public comment period is set for 8 162⁄3 percent, respectively. The lessee Any party claiming a property interest a.m. on March 27th. The public may has paid the required $500 which is adversely affected by the make oral statements before the Council administrative fee and $125 to decision, an agency of the Federal or file written statements for the Council reimburse the Department for the cost of government or regional corporation, to consider. Depending on the number this Federal Register notice.
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The lessee has met all the of Justice, Washington, D.C. 20530, and States Attorney, 2120 Capitol Ave. requirements for reinstatement of the should refer to United States v. Chevron Cheyenne, WY, and at U.S. EPA Region lease set out in Sections 31(d) and (e) of U.S.A., DOJ #90–90–5–2–1–2187. VIII, 999 18th Street, Denver, CO 80202– the Mineral Lands Leasing Act of 1920 The proposed Consent Decree may be 2405. A copy of the consent decree may (30 U.S.C. 188), and the Bureau of Land examined at the United States also be obtained by mail from the Management is proposing to reinstate Attorney’s Office, District of Hawaii, Consent Decree Library PO Box 7611, lease CAS 019272B effective November PJKK Federal Building, 300 Ala Mona U.S. Department of Justice, Washington, 1, 2000, subject to the original terms and Blvd., Honolulu, Hawaii 96850. A copy DC 20044–7611. In requesting a copy, conditions of the lease and the of the proposed Consent Decree may be please enclose a check in the amount of obtained by mail from the Department increased rental and royalty rates cited $4.25 (25 cents per page reproduction of Justice Consent Decree Library, PO above. cost) payable to the Consent Decree Box 7611, Washington, DC 20044. In FOR FURTHER INFORMATION CONTACT: Library. Bonnie Edgerly, Land Law Examiner, requesting a copy, please refer to the California State Office (916) 978–4370. reference number given above and Bob Brook, enclose a check in the amount of $7.25 Dated: February 15, 2001. Assistant Section Chief, Environmental (25 cents per page reproduction costs), Enforcement Section, Environment and Leroy M. Mohorich, payable to the Consent Decree Library. Natural Resources Division. Chief, Branch of Energy, Mineral Science, [FR Doc. 01–5482 Filed 3–6–01; 8:45 am] and Adjudication. Ellen M. Mahan, [FR Doc. 01–5477 Filed 3–6–01; 8:45 am] Assistant Section Chief, Environmental BILLING CODE 4410–15–M Enforcement Section, Environment and BILLING CODE 4310–40–M Natural Resources Division. [FR Doc. 01–5483 Filed 3–6–01; 8:45 am] DEPARTMENT OF JUSTICE BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Antitrust Division
Notice of Lodging of Consent Decree DEPARTMENT OF JUSTICE Notice Pursuant to the National Clean Air Act Cooperative Research and Production Notice is hereby given that the United Notice of Lodging of Consent Decrees Act of 1993—Petroleum Environmental States, on behalf of the United States Under the Comprehensive Research Forum (‘‘PERF’’) Project No. Environmental Protection Agency Environmental Response, 99–05 lodged a proposed Consent Decree in Compensation, and Liability Act the United States District Court for the Notice is hereby given that on January Notice is hereby given that, on District of Hawaii, in United States v. 5, 2001, a proposed consent decree in December 4, 2000, pursuant to Section Chevron U.S.A., Civil Action No. 01– United States v. Reland Mark Johnson, 6(a) of the National Cooperative 00117 HG/KSC, on February 19, 2001. Civ. Action No. 01–CV–005 (D. WY) was Research and Production Act of 1993, This Consent Decree resolves the claims lodged with the United States District 15 U.S.C. 4301 et seq. (‘‘the Act’’), of the United States against Chevron Court for the District of Wyoming. Petroleum Environmental Research U.S.A. (‘‘Chevron’’), pursuant to the In this action, the United States is Forum (‘‘PERF’’) Project No. 99–05 has Clean Air Act (‘‘CAA’’), 42 U.S.C. 7611. recovering past response costs, pursuant filed written notifications The Consent Decree concerns Chevron’s to the Comprehensive Environmental simultaneously with the Attorney ownership and operation of two bulk Response, Compensation, and Liability General and the Federal Trade gas terminals on the islands of Hawaii Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq. Commission disclosing (1) the identities and Maui, Hawaii, and a refinery on the in connection with the R.J. Refinery Site of the parties and (2) the nature and island of Oahu, Hawaii. located in La Barge, Wyoming. The objectives of the venture. The The Consent Decree provides that consent decree that was lodged would notifications were filed for the purpose Chevron will pay $650,000 as a penalty resolve the United States’ claims against of invoking the Act’s provisions limiting to the United States, will undertake a Reland Mark Johnson (‘‘Johnson’’). the recovery of antitrust plaintiffs to Supplemental Environmental Project of Johnson will pay to the United States actual damages under specified at least $150,000 at its Port Allen bulk $5,000 to resolve claims against him and circumstances. Pursuant to Section 6(b) gas Terminal on the island of Kauai, the settlement is based on Johnson’s of the Act, the identities of the parties Hawaii, and will undertake injunctive limited financial resources. The consent are BP Amoco Chemical Company, work at its Kahului bulk gas terminal on decree includes covenants not to sue by Alvin, TX; Berwanger, Inc., Houston, the island of Maui, Hawaii. The Consent the United States under Section 107 of TX; Anderson Greenwood Crosby, Decree further provides that the United CERCLA. Stafford, TX; Dresser Equipment Group, The Department of Justice will receive States covenants not to bring a civil Inc., Alexandria, LA; ExxonMobil action or take administrative action for a period of thirty (30) days from the Research and Engineering, Fairfax, VA; against Chevron pursuant to the CAA, date of this publication comments Shell Oil Company, Houston, TX; and 42 U.S.C. 7611, for violations of the Act relating to the proposed consent decree. Texaco Inc., Bellaire, TX. alleged in the Complaint which was Comments should be addressed to the simultaneously filed with the court. Assistant Attorney General of the The nature and objectives of the The Department of Justice will Environment and Natural Resources venture are to conduct a joint research receive, for a period of thirty (30) days Division, PO Box 7611, U.S. Department project to evaluate the stability of from the date of this publication, of Justice, Washington, D.C. 20044, pressure relief devices. comments relating to the proposed Department of Justice, Washington, D.C. Consent Decree. Comments should be 20530, and should refer to United States Constance K. Robinson, addressed to the Assistant Attorney v. Johnson, D.J. Ref. 90–11–3–07235. Director of Operations, Antitrust Division. General for the Environment and The proposed consent decree may be [FR Doc. 01–5484 Filed 3–6–01; 8:45 am] Natural Resources Division, Department examined at the Office of the United BILLING CODE 4410–11–M
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DEPARTMENT OF JUSTICE Southwest Research Institute: Fuels and plaintiffs to actual damages under Lubricants for Clean Heavy Duty Diesel specified circumstances. Specifically, Antitrust Division Engines (‘‘SwRI’’) has filed written Eastman Kodak Company, Rochester, notifications simultaneously with the NY; and Honeywell, Minneapolis, MN Notice Pursuant to the National Attorney General and the Federal Trade have been added as parties to this Cooperative Research and Production Commission disclosing changes in its venture. In addition, Motorola Act of 1993—Petroleum Environmental membership status and project status. Corporation, Tempe, AZ; Polaroid Research Forum (‘‘PERF’’) The notifications were filed for the Corporation, Cambridge, MA; Terabank Notice is hereby given that, on June 6, purpose of extending the Act’s Systems, Inc., Santa Clara, CA; and 2000, pursuant to section 6(a) of the provisions limiting the recovery of Xerox Corporation, El Segundo, CA National Cooperative Research and antitrust plaintiffs to actual damages have been dropped as parties to the Production Act of 1993, 15 U.S.C. 4301 under specified circumstances. venture. et seq. (‘‘the Act’’), Petroleum Specifically, Equilon, Houston, TX has No other changes have been made in Environmental Research Forum been added as a party to this venture either the membership or planned (‘‘PERF’’) has filed written notifications and Texaco, Inc., Glenham, NY is no activity of the group research project. simultaneously with the Attorney longer a member. Additionally, the On May 13, 1996, the TRAAMS General and the Federal Trade parties to the cooperative research Venture Team filed its original Commission disclosing changes in its project have agreed to extend notification pursuant to section 6(a) of membership status. The notifications performance to April 1, 2001. the Act. The Department of Justice were filed for the purpose of extending No other changes have been made in published a notice in the Federal the Act’s provisions limiting the either the membership or planned Register pursuant to section 6(b) of the recovery of antitrust plaintiffs to actual activity of the group research project. Act on June 12, 1996 (61 FR 29770). Membership in this group research damages under specified circumstances. Constance K. Robinson, Specifically, Petrozyme Technologies project remains open, and Southwest Research Institute: Fuels and Lubricants Director of Operations, Antitrust Division. Inc., Guelph, Ontario, CANADA has [FR Doc. 01–5486 Filed 3–6–01; 8:45 am] been added as a party to this venture. for Clean Heavy Duty Diesel Engines No other changes have been made in (‘‘SwRI’’) intends to file additional BILLING CODE 4410–11–M either the membership or planned written notification disclosing all changes in membership. activity of the group research project. DEPARTMENT OF JUSTICE Membership in this group research On September 1, 1994, Southwest project remains open, and Petroleum Research Institute: Fuels and Lubricants Federal Bureau of Investigation Environmental Research Forum for Clean Heavy Diesel Engines (‘‘PERF’’) intends to file additional (‘‘SwRI’’) filed its original notification Notice of Charter Renewal written notification disclosing all pursuant to section 6(a) of the Act. The In accordance with the provisions of changes in membership. Department of Justice published a notice On February 10, 1986, Petroleum in the Federal Register pursuant to the Federal Advisory Committee Act Environmental Research Forum section 6(b) of the Act on November 7, (Title 5, United States Code, Appendix (‘‘PERF’’) filed its original notification 1994 (59 FR 55489). A Correction Notice 2), and Title 41, Code of Federal pursuant to Section 6(a) of the Act. The to the notice of November 7, 1994 was Regulations, Section 101–6.1015, the Department of Justice published a notice published on February 1, 1995 at 60 FR Director, FBI, with the concurrence of in the Federal Register pursuant to 6295. the Attorney General, has determined that the continuance of the Criminal section 6(b) of the Act on March 14, Constance K. Robinson, 1986 (51 FR 8903). Justice Information Services (CJIS) The last notification was filed with Director of Operations, Antitrust Division. Advisory Policy Board (APB) is in the the Department on August 18, 2000. A [FR Doc. 01–5485 Filed 3–6–01; 8:45 am] public interest, in connection with the notice was published in the Federal BILLING CODE 4410–11–M performance of duties imposed upon the Register pursuant to section 6(b) of the FBI by law, and hereby gives notice of Act on October 6, 2000 (65 FR 59875). the renewal of its charter, effective DEPARTMENT OF JUSTICE January 4, 2001. Constance K. Robinson, The APB recommends to the Director, Director of Operations, Antitrust Division. Antitrust Division FBI, general policy with respect to the [FR Doc. 01–5487 Filed 3–6–01; 8:45 am] Notice Pursuant to the National philosophy, concept, and operational BILLING CODE 4410–11–M Cooperative Research and Production principles of the various criminal justice Act of 1993—the TRAAMS Venture information systems managed by the Team FBI’s CJIS Division. DEPARTMENT OF JUSTICE The APB includes representatives Notice is hereby given that, on May from state and local criminal justice Antitrust Division 19, 2000, pursuant to section 6(a) of the agencies; members of the judicial, Notice Pursuant to the National National Cooperative Research and prosecutorial, and correctional segments Cooperative Research and Production Production Act of 1993, 15 U.S.C. 4301 of the criminal justice community; a Act of 1993—Southwest Research et seq. (‘‘the Act’’), the TRAAMS representative of federal agencies Institute: Fuels, and Lubricants for Venture Team (the ‘‘TRAAMS Team’’) participating in the CJIS systems; and Clean Heavy Duty Diesel Engines has filed notifications simultaneously representatives of criminal justice with the Attorney General and the professional associations (i.e., the Notice is hereby given that, on Federal Trade Commission disclosing American Probation and Parole November 15, 2000, pursuant to section changes in its membership status. The Association American Society of Crime 6(a) of the National Cooperative notifications were filed for the purpose Laboratory Directors, International Research and Production Act of 1993, of extending the Act’s provisions Association of Chiefs of Police, National 15 U.S.C. 4301 et seq. (‘‘the Act’’), limiting the recovery of antitrust District Attorneys Association, National
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Sheriffs’ Association, Major Cities ADDRESSES: Submit written comments Puerto Rico and the District of Chiefs Association, Major County to the Employment and Training Columbia. Sheriffs’ Association, and a Administration, Office of Financial and Before determining the amount representative from a national Administrative Management, 200 available for States, the total available professional association representing Constitution Ave, NW., Room N–4702, for the outlying areas was reserved at the courts or court administrators Washington, DC 20210, Attention: Ms. 0.25 percent of the full amount nominated by the Conference of Chief Sherryl Bailey, 202–693–2813, 202– appropriated for Youth Activities, in Justices). All members of the APB are 693–2859 (fax), e-mail: accordance with WIA provisions, appointed by the FBI Director. [email protected]. resulting in $3,444,913, an increase of The APB functions solely as an $317,500, or 10.2 percent, over the PY advisory body in compliance with the FOR FURTHER INFORMATION CONTACT: For WIA Title I allotments, contact: Youth 2000 level. From the total funds for provisions of the Federal Advisory outlying areas for the WIA Youth Committee Act. The charter has been Activities Allotments: Lorenzo Harrison at 202–693–3528; Adult and Dislocated Activities program, WIA section filed in accordance with the provisions 127(b)(1)(B) requires that competitive of the Act. Worker Employment and Training Activities Allotments: John Beverly at grants be awarded to Guam, American Dated: February 20, 2001. 202–693–3502; and Wagner-Peyser Samoa, the Commonwealth of the Louis J. Freeh, preliminary planning estimates: Gay Northern Mariana Islands, and the Director. Gilbert at 202–693–3428. (These are not Freely Associated States, and further [FR Doc. 01–5562 Filed 3–6–01; 8:45 am] toll-free numbers.) Information may also provides that the amount for such grants BILLING CODE 4410–02–M be found at the website—http:// is not to exceed the amount reserved for usworkforce.org. the Freely Associated States for the JTPA II–B Summer Youth and the JTPA DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: The II–C Youth Training for PY 1997. WIA Department of Labor (DOL or has corresponding requirements for Employment and Training Department) is announcing Workforce competitive grants for the Adult Administration Investment Act (WIA) allotments for Activities and Dislocated Worker Program Year (PY) 2001 (July 1, 2001- Activities programs. The Secretary Workforce Investment Act Allotments June 30, 2002) for WIA title I Youth determined that a total of $1,000,000 and Wagner-Peyser Act Preliminary Activities, Adults and Dislocated would be reserved for the required Planning Estimates for Program Year Workers Activities; and, in accordance competitive grants for all three programs (PY) 2001 with Section 6 (b)(5) of the Wagner- for PY 2001, the same level as PY 2000. Peyser Act, preliminary planning AGENCY: Employment and Training For the WIA Youth Activities program, estimates for public employment service Administration, Labor. the amount of competitive grants was (ES) activities under the Wagner-Peyser set at $222,535, the maximum allowed ACTION: Notice. Act for PY 2001. This document by WIA which is the amount of JTPA PY SUMMARY: This notice announces States’ provides information on the amount of 1997 total Youth allotments for the Workforce Investment Act (WIA) funds available during PY 2001 to States Freely Associated States, the same level allotments for Program Year (PY) 2001 with an approved WIA title I and as PY 2000. The method of distribution (July 1, 2001-June 30, 2002) for WIA Wagner-Peyser 5-Year Strategic Plan of the remaining WIA Youth Activities title I Youth, Adults and Dislocated and information regarding allotments to non-competitive funds to all outlying Worker programs; and preliminary the outlying areas. The allotments and areas, including the Virgin Islands, is planning estimates for public estimates are based on the funds not specified by WIA, but is at the employment service activities under the appropriated by the Department of Secretary’s discretion. The methodology Wagner-Peyser Act for PY 2001. This is Labor Appropriations Act, 2001, part of used is the same as used for PY 2000, the second year in which allotments are the Consolidated Appropriations Act, i.e., distributed among the areas by made to States and outlying areas under 2001, Public Law 106–554. formula based on relative share of WIA. The allotments for States are based Attached is a listing of the allotments number of unemployed, a 90 percent on formulas defined in the Act. The for PY 2001 for programs under WIA hold-harmless of the prior year share, a allotments for the outlying areas are title I Youth Activities, Adults and $75,000 minimum, and a 130 percent based on formula at the Secretary’s Dislocated Workers Employment and stop gain of the prior year share. Data discretion under WIA Title I. As Training Activities; and preliminary used for the relative share calculation in required by WIA section 182(d), on planning estimates for public the formula were the same as used for February 17, 2000, a Notice of the employment service activities under the PY 2000 for all outlying areas. These discretionary formula for allocating PY Wagner-Peyser Act. Final Wagner- data were obtained from the Bureau of 2000 funds for the outlying areas was Peyser Act planning estimates will be the Census for American Samoa, published in the Federal Register at 65 published in the Federal Register. Commonwealth of the Northern Mariana FR 8236 (February 17, 2000). The Islands, Federated States of Micronesia, Youth Activities Allotments rationale for the formula and Republic of Palau, and the U.S. Virgin methodology was fully explained in the PY 2001 Youth Activities funds under Islands, based on mid-decade surveys February 17, 2000 Notice. The formula WIA total $1,377,965,000 (including for those areas conducted with the for PY 2001 is the same as PY 2000 and $275 million for Youth Opportunity assistance of the Bureau. For Guam, data is described in detail in the section on grants). Attachment I contains a from a similar survey were not available Youth allotments. breakdown of the $1,102,965,000 in from the Bureau, so data from the Guam Comments are invited upon the WIA title I Youth Activities program June 1995 labor force survey were used. formula used to allot funds to the allotments by State for PY 2001 and For the Republic of the Marshall outlying areas. provides a comparison of these Islands, where 1995 unemployment data DATES: Comments must be received by allotments to PY 2000 Youth Activities were not available, 1988 survey data in April 6, 2001. allotments for all States, outlying areas, combination with 1995 population
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estimates were used as the basis of the for Adults, or $2,375,000, the same level allotted by formula to the States, while formula. Updated 2000 special Census as PY 2000. The Adult Activities 20 percent is retained for National data are expected to be available for program portion of the $1,000,000 total Emergency Grants, technical assistance next year’s allotment calculations. for competitive grants for all three and training, demonstration projects, The total amount available for Native programs (described above in Youth and for the outlying areas Dislocated Americans is 1.5 percent of the total Activities) required for the outlying Worker allotments. Attachment III amount for Youth Activities excluding areas (Guam, American Samoa, the shows the PY 2001 Dislocated Worker Youth Opportunity Grants, in Commonwealth of the Northern Mariana Activities fund allotments by State. accordance with WIA section 127. This Islands, and the Freely Associated Similarly to the Youth and Adults total is $16,544,475, up $1,530,000, or States) was set at $290,780. This amount programs, the total available for the 10.19 percent, from the PY 2000 Youth is less than the maximum allowed by outlying areas was reserved at 0.25 Activities level for Native Americans. WIA (PY 1997 Adult allotments for the percent of the full amount appropriated After determining the amount for the Freely Associated States). The amount for Dislocated Workers Activities, outlying areas and Native Americans, represents a 12.2 percent share of the resulting in $3,975,100, an increase of the amount available for allotment to total Adult Activities program funds for $2,537 from PY 2000. The Dislocated the States for PY 2001 is $1,082,975,612, all outlying areas and is calculated to be Worker Activities program portion of more than PY 2000 by $100,152,500, or the same share as for the Dislocated the $1,000,000 total for competitive an increase of 10.19 percent. This total Worker Activities program, after grants for all three programs (described amount was above the required $1 subtracting the Youth Activities above in Youth Activities) required for billion threshold specified in Section program portion from the $1,000,000 the outlying areas (Guam, American 127(b)(1)(C)(iv)(IV); therefore, for the total described above. The remaining Samoa, the Commonwealth of the first time, the WIA additional minimum non-competitive WIA title I Adult Northern Mariana Islands, and the provisions were triggered: (1) Minimum Activities funds for grants to all outlying Freely Associated States) was set at 1998 dollar (not percentage) (JTPA II–B areas, including the Virgin Islands, for $486,685. This amount is less than the and II–C combined) allotment, and (2) 2- which the methodology is at the maximum allowed by WIA (PY 1997 tier small State minimum allotment (.3 Secretary’s discretion (described in the Dislocated Worker allotments for the percent of first $1 billion and .4 percent Youth Activities section), were Freely Associated States). The amount of amount over $1 billion), rather than distributed among the areas by the same represents a 12.2 percent share of the .25 percent. These provisions were in principles, formula and data as used for total Dislocated Worker Activities addition to the traditional provision of outlying areas for Youth Activities. program funds for all outlying areas and a 90 percent hold-harmless from the After determining the amount for the is calculated to be the same share as for prior year allotment percentage. Also, as outlying areas, the amount available for the Adult Activities program, after required by WIA, the provision applying allotments to the States is $947,625,000, subtracting the Youth Activities a 130 percent stop-gain of the prior year the same as PY 2000. Unlike the Youth program portion from the $1,000,000 allotment percentage was used. The Activities program, the WIA minimum total described above. The remaining provisions were not triggered for the PY three formula factors required in WIA non-competitive WIA Title I Dislocated 2001 allotments because the total use the following data for the PY 2001 Worker Activities funds for grants to all amount available for the States was allotments: outlying areas, including the Virgin below the $960 million threshold (1) The number of unemployed for Islands, for which the methodology is at required for Adults in section areas of substantial unemployment the Secretary’s discretion, were 132(b)(1)(B)(iv)(IV). Instead, as required (ASU’s) are averages for the 12-month distributed among the areas by the same by WIA, the minimum allotments were period, July 1999 through preliminary pro rata share as the areas received for calculated using the JTPA section June 2000; the PY 2001 WIA Adult Activities (2) The number of excess unemployed 202(a)(3) (as amended by section 701 of program, the same methodology used in individuals or the ASU excess the Job Training Reform Amendments of PY 2000. (depending on which is higher) are 1992) minimums of 90 percent hold- The amount available for allotments averages for the same 12-month period harmless of the prior year allotment to the States is eighty percent of the used for ASU unemployed data; and percentage and 0.25 percent State (3) The number of economically minimum floor. Also, like the Youth Dislocated Workers appropriation, or disadvantaged youth (age 16 to 21, Activities program, a provision applying $1,272,032,000, a gain of .06 percent excluding college students and military) a 130 percent stop-gain of the prior year over PY 2000. Since the Dislocated are from the 1990 Census. (2000 Census allotment percentage was used. The Worker Activities formula has no floor data are not expected to be available for three formula factors use the same data amount or hold-harmless provisions, use until PY 2003 allotment as used for the Youth Activities formula, funding changes for States directly calculations.) except that data for the number of reflect the impact of changes in number economically disadvantaged adults (age of unemployed. The three formula Adult Employment and Training 22 to 72, excluding college students and factors required in WIA use the Activities Allotments military) from the 1990 Census were following data for the PY 2001 The total Adult Employment and used. (2000 Census data are not allotments: Training Activities appropriation is expected to be available for use until PY (1) The number of unemployed are $950,000,000, the same level as PY 2003 allotment calculations.) averages for the 12-month period, 2000. Attachment II shows the PY 2001 October 1999 through September 2000; Adult Employment and Training Dislocated Worker Employment and (2) The number of excess unemployed Activities allotments and comparison to Training Activities Allotments are averages for the 12-month period, PY 2000 allotments by State. The total Dislocated Worker October 1999 through September 2000; Similarly to the Youth Activities appropriation is $1,590,040,000, an and program, the total available for the increase of $1,015,000, or .06 percent (3) The number of long-term outlying areas was reserved at 0.25 from the PY 2000 level. The total unemployed are averages for calendar percent of the full amount appropriated appropriation includes 80 percent year 1999.
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Wagner-Peyser Act Preliminary of the civilian labor force (CLF) and resources from the previous year. In Planning Estimates unemployment for the 12 months Step 1, States which have a Civilian The public employment service ending September 2000. Final planning Labor Force (CLF) below one million program involves a Federal-State estimates will be published in the and are also below the median CLF partnership between the U.S. Federal Register, based on calendar year density are maintained at 100 percent of Department of Labor and the State 2000 data, as required by the Wagner- their relative share of prior year Employment Security Agencies. Under Peyser Act. resources. All remaining set-aside funds the Wagner-Peyser Act, funds are State planning estimates reflect are distributed on a pro-rata basis in allotted to each State to administer a $16,000,000, or 2.1 percent of the total Step 2 to all other States losing in labor exchange program responding to amount appropriated, which is being relative share from the prior year but not the needs of the State’s employers and withheld from distribution to States to meeting the size and density criteria for workers through a system of local finance postage costs associated with Step 1. employment services offices that are the conduct of Wagner-Peyser Act labor Under Wagner-Peyser Act section 7, part of the One-Stop service delivery exchange services for PY 2001. ten percent of the total sums allotted to system established by the State. Total The Secretary of Labor is required to each State shall be reserved for use by funding for Wagner-Peyser remained the set aside up to three percent of the total the Governor to provide performance same as PY 2000, but due to reduced available funds to assure that each State incentives for public ES offices; services reserves for postage, available funds for will have sufficient resources to for groups with special needs; and for the States and outlying areas increased maintain statewide employment service the extra costs of exemplary models for by $2 million. Attachment IV shows the (ES) activities, as required under section delivering job services. Wagner-Peyser Act preliminary 6(b)(4) of the Wagner-Peyser Act. In Signed at Washington, DC, this 2nd day of planning estimates for PY 2001. These accordance with this provision, the March, 2001. preliminary planning estimates have three percent set-aside funds, or been produced using the formula set $22,372,050, are included in the total Raymond J. Uhalde, forth at Section 6 of the Wagner-Peyser planning estimate. The set-aside funds Deputy Assistant Secretary for Employment Act, 29 U.S.C. 49e. They are based on are distributed in two steps to States and Training. monthly averages for each State’s share which have lost in relative share of BILLING CODE 4510–30–P
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[FR Doc. 01–5537 Filed 3–6–01; 8:45 am] BILLING CODE 4510–30–C
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MEDICARE PAYMENT ADVISORY Calibration System,’’ which is assigned NATIONAL SCIENCE FOUNDATION COMMISSION to the United States of America as represented by the Administrator of the Special Emphasis Panel in Civil and Commission Meeting National Aeronautics and Space Mechanical Systems; Notice of Meeting AGENCY: Medicare Payment Advisory Administration. Written objections to Commission. the prospective grant of a license should be sent to Ms. Helen M. Galus, Patent In accordance with the Federal ACTION: Notice of meeting. Advisory Committee Act (Pub. L. 92– Attorney, Langley Research Center. 463, as amended), the National Science SUMMARY: The Commission will hold its DATES: Responses to this notice must be Foundation announces the following next public meeting on Thursday, meeting. March 15, 2001, and Friday, March 16, received by May 7, 2001. 2001, at the Ronald Reagan Building, FOR FURTHER INFORMATION CONTACT: Name: Special Emphasis Panel in Civil and International Trade Center, 1300 Helen M. Galus, Patent Attorney, Mechanical Systems (1205). Date/Time: Monday, April 2, 2001, 8:30 Pennsylvania Avenue, NW, Washington, Langley Research Center, Mail Stop 212, DC. The meeting is tentatively a.m. to 5 p.m.; Tuesday, April 3, 2001, 8:30 Hampton, VA 23681–2199; telephone a.m. to 5 p.m. scheduled to begin at 10 a.m. on March 757–864–3227. Place: National Science Foundation, 4201 15, and at 9 a.m. on March 16. Wilson Blvd., Room 360, Arlington, VA. Dated: March 1, 2001. Topics for discussion include: Market Type of Meeting: Closed. conditions and rates of health service Edward A. Frankle, Contact Person: Dr. Jorn Larsen-Basse, use in rural areas; access to care in rural General Counsel. National Science Foundation, 4201 Wilson areas; payment provisions for inpatient [FR Doc. 01–5553 Filed 3–6–01; 8:45 am] Blvd., Rm. 545, Arlington, VA 22230, (703) hospital care in rural areas; rural quality 292–8360. of care; payment for outpatient hospital BILLING CODE 7510–01–P Purpose of Meeting: To provide advice and care in rural areas; payments for nursing recommendations concerning proposals and allied health programs; submitted to NSF for financial support. Agenda: To review and evaluate Medicare+Choice issues in rural areas; NATIONAL SCIENCE FOUNDATION nominations for the FY’01 Surface payment update for physician services; Engineering and Material Design Review the need for a payment adjustment for Special Emphasis Panel in Biological Panel as part of the selection process for skilled nursing facilities in Alaska and Sciences; Notice of Meeting awards. Hawaii; payment issues for home health Reason for Closing: The proposals being in rural areas; and psychiatric facilities In accordance with the Federal reviewed include information of a proprietary or confidential nature, including in rural areas. Advisory Committee Act (Pub. L. 92– Agendas will be mailed on March 7, technical information, financial data, such as 463, as amended), the National Science 2001. The final agenda will be available salaries and personal information concerning Foundation announces the following on the Commission’s website individuals associated with the proposals. meeting: These matters are exempt under 5 U.S.C. (www.MedPAC.gov). 552b(c)(4) and (6) of the Government in the Name: Special Emphasis Panel in ADDRESSES: MedPAC’s address is: 1730 Sunshine Act. K Street, NW, Suite 800, Washington, Biological Sciences (1754). Date/Time: March 28–30, 2001, 8am–5pm. DC 20006. The telephone number is Dated: March 1, 2001. Place: Room 370, National Science (202) 653–7220. Susanne Bolton, Foundation, 4201 Wilson Blvd., Arlington, Committee Management Officer. FOR FURTHER INFORMATION CONTACT: VA. [FR Doc. 01–5465 Filed 3–6–01; 8:45 am] Diane Ellison, Office Manager, (202) Type of Meeting: Closed. 653–7220. Contact Person: Dr. Sylvia Spengler, BILLING CODE 7555–01–M Murray N. Ross, Division of Biological Infrastructure, Rm 615, Executive Director. National Science Foundation, 4201 Wilson NATIONAL SCIENCE FOUNDATION Blvd., Arlington, VA 22230, (703) 292–8470. [FR Doc. 01–5499 Filed 3–6–01; 8:45 am] Purpose of Meeting: To provide advice and BILLING CODE 6820–BW–M Special Emphasis Panel in Civil and recommendations concerning proposals Mechanical Systems; Notice of submitted to the NSF for financial support. Meeting Agenda: To review and evaluate Biological NATIONAL AERONAUTICS AND Database & Informatics proposals as part of SPACE ADMINISTRATION In accordance with the Federal the selection process for awards. Advisory Committee Act (Pub. L. 92– [Notice (01–034)] Reason For Closing: The proposals being 463, as amended), the National Science reviewed include information of a Foundation announces the following Notice of Prospective Patent License proprietary or confidential nature, including meeting: technical information; financial data, such as AGENCY: National Aeronautics and salaries; and personal information Name: Special Emphasis Panel in Civil and Space Administration. concerning individuals associated with the Mechanical Systems (1205). Date/Time: Tuesday, March 27, 2001, 8:30 ACTION: Notice of Prospective Patent proposals. These matters are exempt under 5 License. a.m. to 5 p.m. Wednesday, March 28, 2001, U.S.C. 552b(c)(4) and (6) of the Government 8:30 a.m. to 5 p.m. Sunshine Act. SUMMARY: NASA hereby gives notice Place: National Science Foundation, 4201 that Modern Machine & Tool Co. Inc., of Dated: March 1, 2001. Wilson Boulevard, Room 530, Arlington, VA. Type of Meeting: Closed. Susanne Bolton, Newport News, VA 23606–2587, has Contact Person: Dr. Jorn Larsen-Basse, applied for an exclusive license to Committee Management Officer. Program Director, Surface Engineering and practice the invention disclosed in [FR Doc. 01–5469 Filed 3–6–01; 8:45 am] Materials Design, Division of Civil and NASA Case No. LAR 16020–1 entitled BILLING CODE 7555–01–M Mechanical Systems, Room 545, (703) 292– ‘‘Single Vector Force Balance 8360.
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Purpose of Meeting: To provide advice and National Science Foundation, 4201 Wilson activities; and (c) the knowledge transfer recommendations concerning proposals Boulevard, Suite 995, Arlington, VA 22230. activities and the management of the submitted to NSF for financial support. Telephone: (703) 292–7273. Southern California Earthquake Center. And, Agenda: To review and evaluate Agenda: To review and evaluate IOC to make a recommendation on the future proposals as part of the selection process for nominations for the FY’01 Surface funding of these activities. Engineering and Material Design Review awards. Reason for Closing: The proposals being Panel as part of the selection process for Date/Time: April 2–3, 2001; 9 a.m. to 5 reviewed include information of a awards. p.m. Reason for Closing: The proposals being Place: National Science Foundation, 4201 proprietary or confidential nature, including reviewed include information of a Wilson Blvd., Arlington, VA. Rooms 920 and technical information; financial data, such as proprietary or confidential nature, including 970. salaries; and personal information technical information, financial data, such as Type of Meeting: Closed. concerning individuals associated with salaries, and personal information Contact Person: Dr. Ann Bostrom & Dr. proposals. These matters are exempt under 5 concerning individuals associated with the Sandra Schneider, Program Directors for U.S.C. 552b(c), (4) and (6) of the Government proposals. These matters are exempt under Decision, Risk & Management Sciences in the Sunshine Act. (4) and (6) of U.S.C. 552b(c), of the Program, National Science Foundation, 4201 Government in the Sunshine Act. Wilson Boulevard, Suite 995, Arlington, VA Dated: March 1, 2001. Dated: March 1, 2001. 22230. Telephone: (703) 292–8761. Susanne Bolton, Agenda: To review and evaluate DMVEP Committee Management Officer. Susanne Bolton, proposals as part of the selection process for Committee Management Officer. awards. [FR Doc. 01–5464 Filed 3–6–01; 8:45 am] [FR Doc. 01–5470 Filed 3–6–01; 8:45 am] Type of Meeting: Closed. BILLING CODE 7555–01–M BILLING CODE 7555–01–M Purpose of Meeting: To provide advice and recommendations concerning support for research proposals submitted to the NSF for NATIONAL SCIENCE FOUNDATION NATIONAL SCIENCE FOUNDATION financial support. Reason for Closing: The proposals being Special Emphasis Panel in Human Advisory Panel for Economics, reviewed include information of a Resource Development; Notice of proprietary or confidential nature, including Decision and Management Sciences; technical information; financial data, such as Meeting Notice of Meetings salaries; and personal information In accordance with the Federal In accordance with the Federal concerning individuals associated with the proposals. These matters are exempt under 5 Advisory Committee Act (Pub. L. 92– Advisory Committee Act (Pub. L. 92– U.S.C. 552b(c) (4) and (6) of the Government 463, as amended), the National Science 463, as amended), the National Science in the Sunshine Act. Foundation announces the following Foundation (NSF) announces the Dated: March 1, 2001. meeting: following five meetings: Susanne Bolton, Name: Special Emphasis Panel in Human Name: Advisory Panel for Economics, Committee Management Officer. Resource Development (1199). Decision, and Management Sciences. Date/Time: April 20–21, 2001; 9 a.m. to 5 [FR Doc. 01–5463 Filed 3–6–01; 8:45 am] Date/Time: March 22–23, 2001; 8:30 a.m. p.m. BILLING CODE 7555–01–M to 5 p.m. Place: National Science Foundation, 4201 Place: National Science Foundation, 4201 Wilson Boulevard, Arlington, VA, Stafford II Wilson Boulevard, Arlington, VA. Conference Center Rooms 517 and 545. NATIONAL SCIENCE FOUNDATION Type of Meeting: Closed. Contact Person: Dr. Daniel H. Newlon, Contact Person: Dr. Margrete S. Klein, Program Director for Economics Program, Special Emphasis Panel In Program Director, Human Resource National Science Foundation, 4201 Wilson Geosciences; Notice of Meeting Development Division, Room 815, National Boulevard, Suite 995, Arlington, VA 22230. Science Foundation, 4201 Wilson Boulevard, Telephone: (703) 292–7276. In accordance with the Federal Arlington, VA 22230. Telephone: (703) 292– Agenda: To review and evaluate Advisory Committee Act (Public Law Economics proposals as part of the selection 92–463, as amended), the National 4671. process for awards. Science Foundation announces the Purpose of Meeting: To provide advice and recommendations concerning proposals Date/Time: April 19–20, 2001; 9 a.m. to 5 following meeting: p.m. submitted to NSF for financial support. Name: Special Emphasis Panel in Place: National Science Foundation, Agenda: To review and evaluate formal Geosciences. (1756). proposals submitted to the Program for Rooms 920 and 970. Date/Time: March 26–28, 2001; 8:30 a.m. Gender Equity in SMET elementary, middle Type of Meeting: Closed. to 6 p.m. school, and informal education. Contact Person: Dr. Ann Bostrom, Program Place: Southern California Earthquake Director for Decision, Risk & Management Center (SCEC), California Institute of Reason For Closing: The proposals being Sciences (DRMS) Program, National Science Technology. reviewed include information of a Foundation, 4201 Wilson Boulevard, Suite Type of Meeting: Closed. proprietary or confidential nature, including 995, Arlington, VA 22230. Telephone: (703) Contact Person: Dr. James H. Whitcomb, technical information; financial data, such as 292–7263. Acting Deputy Division Director, Division of salaries; and personal information Agenda: To review and evaluate DRMS Earth Sciences, Room 785, National Science concerning individuals associated with the proposals as part of the selection process for Foundation, Arlington, VA 22230 (703) 292– proposals. These matters are exempt under 5 awards. 8553. U.S.C. 552b(c), (4) and (6) of the Government Dates/Time: March 22–23 and March 26– Purpose of Meeting: To review the SCEC in the Sunshine Act. 27, 2001; 9 a.m. to 5 p.m. proposal for earthquake-related science, Place: Stafford II Conference Center, 4121 evaluate the past activities of the Southern Dated: March 1, 2001. Wilson Blvd., Arlington, VA, Rm. 545. California Earthquake Center, and make a Susanne Bolton, Type of Meeting: Closed. recommendation concerning future funding Committee Management Officer. Contact Person: Dr. Mariann (Sam) Jelinek, of these activities. Program Director for Innovation and Agenda: To evaluate: (a) the research [FR Doc. 01–5467 Filed 3–6–01; 8:45 am] Organizational Change (IOC) Program, program; (b) educational and outreach BILLING CODE 7555–01–M
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NATIONAL SCIENCE FOUNDATION research proposals submitted to the NSF for NUCLEAR REGULATORY financial support. COMMISSION Special Emphasis Panel in Human Reason For Closing: The proposals being Resource Development; Notice of reviewed include information of a [Docket No. 50–331] Meeting proprietary or confidential nature, including technical information; financial data, such as Nuclear Management Company, LLC; In accordance with the Federal salaries; and personal information Notice of Consideration of Issuance of Advisory Committee Act (Pub. L. 92– concerning individuals associated with the Amendment to Facility Operating 463, as amended), the National Science proposals. These maters are exempt under 5 License and Opportunity for a Hearing Foundation announces the following U.S.C. 552b(c)(4) and (6) of the Government in the Sunshine Act. meeting: The U.S. Nuclear Regulatory Dated: March 1, 2001. Commission (the Commission) is Name: Special Emphasis Panel in Human Resource Development (#1199). Susanne Bolton, considering issuance of an amendment Date/Time: March 14–15, 2001 from 8:30 Committee Management Officer. to Facility Operating License No. DPR– a.m. to 5 p.m. [FR Doc. 01–5466 Filed 3–6–01; 8:45 am] 49, held by Nuclear Management Place: National Science Foundation, BILLING CODE 7555–01–M Company, LLC (the licensee), for Stafford Place II—Conference Center, 4121 operation of the Duane Arnold Energy Wilson Boulevard, Room 565, Arlington, VA. Center (the facility) located in Linn Type of Meeting: Closed. NATIONAL SCIENCE FOUNDATION County, Iowa. Contact Person: Dr. A. James Hicks, By letter dated November 17, 2000, as Program Director, Human Resource Development Division, Room 815, National National Science Board; Sunshine Act supplemented February 16, 2001, the Science Foundation, 4201 Wilson Boulevard, Meeting licensee proposed an amendment to Arlington, VA 22230 Telephone: (703) 292– change the operating license. 4668. DATE AND TIME: March 15, 2001: 12 Specifically, the proposed amendment Purpose of Meeting: To provide advice and Noon–12:30 p.m.: Closed Session; would change paragraph 2.B(2) of the recommendations concerning proposals March 15, 2001: 1 p.m.–2 p.m.: Closed license to allow refueling activities in submitted to NSF for financial support. Session; March 15, 2001: 2 p.m.–5 p.m.: accordance with a revised thermal- Agenda: To review and evaluate the Louis Open Session. hydraulic analysis based upon use of Stokes Alliances for Minority Participation proposals as part of the selection process for PLACE: The National Science advanced core designs employing awards. Foundation, Room 1235, 4201 Wilson General Electric-14 fuel, increased fuel Reason For Closing: The proposals being Boulevard, Arlington, VA 22230. burnup, increased cycle length, and increased reload batch size. The revised reviewed include information of a STATUS: Part of this meeting will be proprietary or confidential nature, including analysis also corrects several input closed to the public; Part of this meeting technical information; financial data, such as parameter discrepancies in the existing will be open to the public. salaries; and personal information analysis submitted to the Nuclear concerning individuals associated with the MATTERS TO BE CONSIDERED: Regulatory Commission (NRC) by letter proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government Thursday, March 15, 2001 dated October 3, 1997. in the Sunshine Act. The proposed change is related to a Closed Session (12 Noon–12:30 p.m.) proposed increase in power level that is Dated: March 1, 2001. —Closed Session Minutes, December identified in the licensee’s letter to the Susanne Bolton, 2000 NRC dated September 19, 2000. The Committee Management. —Personnel proposed increase in power will be [FR Doc. 01–5468 Filed 3–6–01; 8:45 am] —Vannevar Bush Award addressed in a separate Federal Register BILLING CODE 7555–01–M notice. —Alan T. Waterman Award Before issuance of the proposed —NSB Member Proposal license amendment, the Commission NATIONAL SCIENCE FOUNDATION Closed Session (1 p.m.–2 p.m.) will have made findings required by the Atomic Energy Act of 1954, as amended Advisory Panel for Social and Political —Awards and Agreements (the Act) and the Commission’s Sciences; Notice of Meeting —FY 2002 and FY 2003 Budgets regulations. In accordance with the Federal Open Session (2 p.m.–5 p.m.) By April 6, 2001, the licensee may file Advisory Committee Act (Pub. L. 92– a request for a hearing with respect to —Swearing-in, Mark Wrighton 463, and amended), the National issuance of the amendment to the —Open Session Minutes, December Science Foundation announces the subject facility operating license and 2000 following meeting: any person whose interest may be —Closed Session Items for May 2001 affected by this proceeding and who Name: Advisory Panel for Social and —Chairman’s Report Political Sciences (#1761). wishes to participate as a party in the Date/Time: March 23, 2001; 8 a.m. to 6 pm. —Director’s Report proceeding must file a written request Place: National Science Foundation, 4201 —Polar Programs Recognition for a hearing and a petition for leave to Wilson Boulevard, Room 970; Arlington, VA. —Report: Allocating Federal Resources intervene. Requests for a hearing and a Contact Person: Dr. Frank Scioli and Dr. for S&T petition for leave to intervene shall be James Granato, Program Directors for —Director’s Merit Review Report filed in accordance with the Political Science, National Science —Committee Reports Commission’s ‘‘Rules of Practice for Foundation. Telephone: (703) 292–8762. Domestic Licensing Proceedings’’ in 10 Agenda: To review and evaluate the —Other Business CFR part 2. Interested persons should political science proposals as part of the Marta Cehelsky, selection process for awards. consult a current copy of 10 CFR 2.714 Type of Meeting: Closed. Executive Officer. which is available at the Commission’s Purpose of Meeting: To provide advice and [FR Doc. 01–5634 Filed 3–2–01; 4:43 pm] Public Document Room, located at One recommendations concerning support for BILLING CODE 7555–01–M White Flint North, 11555 Rockville Pike
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(first floor), Rockville, Maryland 20855– show that a genuine dispute exists with electronically through the ADAMS 2738, and accessible electronically the applicant on a material issue of law Public Electronic Reading Room link at through the ADAMS Public Electronic or fact. Contentions shall be limited to the NRC Web site (http://www.nrc.gov). Reading Room link at the NRC Web site matters within the scope of the Dated at Rockville, Maryland, this 28th day (http://www.nrc.gov). If a request for a amendment under consideration. The of February 2001. hearing or petition for leave to intervene contention must be one which, if For the Nuclear Regulatory Commission. is filed by the above date, the proven, would entitle the petitioner to Darl S. Hood, Commission or an Atomic Safety and relief. A petitioner who fails to file such Senior Project Manager, Section 1, Project Licensing Board, designated by the a supplement which satisfies these Directorate III, Division of Licensing Project Commission or by the Chairman of the requirements with respect to at least one Management, Office of Nuclear Reactor Atomic Safety and Licensing Board contention will not be permitted to Regulation. Panel, will rule on the request and/or participate as a party. [FR Doc. 01–5508 Filed 3–6–01; 8:45 am] Those permitted to intervene become petition; and the Secretary or the BILLING CODE 7590–01–P designated Atomic Safety and Licensing parties to the proceeding, subject to any Board will issue a notice of hearing or limitations in the order granting leave to an appropriate order. intervene, and have the opportunity to NUCLEAR REGULATORY As required by 10 CFR 2.714, a participate fully in the conduct of the COMMISSION petition for leave to intervene shall set hearing, including the opportunity to forth with particularity the interest of present evidence and cross-examine Notice of Intent To Prepare an the petitioner in the proceeding, and witnesses. Environmental Impact Statement for how that interest may be affected by the A request for a hearing or a petition the Mixed Oxide Fuel Fabrication results of the proceeding. The petition for leave to intervene must be filed with Facility should specifically explain the reasons the Secretary of the Commission, U.S. why intervention should be permitted Nuclear Regulatory Commission, AGENCY: United States Nuclear with particular reference to the Washington, DC 20555–0001, Attention: Regulatory Commission. following factors: (1) The nature of the Rulemakings and Adjudications Staff, or ACTION: Notice of Intent (NOI). petitioner’s right under the Act to be may be delivered to the Commission’s SUMMARY: The U.S. Nuclear Regulatory Public Document Room, located at One made a party to the proceeding; (2) the Commission (NRC) announces its intent White Flint North, 11555 Rockville Pike nature and extent of the petitioner’s to prepare an Environmental Impact (first floor), Rockville, Maryland 20855– property, financial, or other interest in Statement (EIS) for construction, 2738, by the above date. A copy of the the proceeding; and (3) the possible operation and deactivation of a effect of any order which may be petition should also be sent to the Office proposed Mixed Oxide (MOX) Fuel entered in the proceeding on the of the General Counsel, U.S. Nuclear Fabrication Facility (Facility) to be petitioner’s interest. The petition should Regulatory Commission, Washington, constructed at the Department of also identify the specific aspect(s) of the DC 20555–0001, and to Al Gutterman, Energy’s (DOE) Savannah River Site subject matter of the proceeding as to Morgan, Lewis, & Bockius LLP, 1800 M (SRS) in South Carolina. The EIS is which petitioner wishes to intervene. Street, NW., Washington, DC 20036– being prepared pursuant to the National Any person who has filed a petition for 5869, attorney for the licensee. Environmental Policy Act (NEPA) and leave to intervene or who has been Nontimely filings of petitions for will examine the potential admitted as a party may amend the leave to intervene, amended petitions, environmental impacts of petition without requesting leave of the supplemental petitions and/or requests Board up to 15 days prior to the first for hearing will not be entertained manufacturing MOX fuel from surplus prehearing conference scheduled in the absent a determination by the weapons plutonium. The MOX fuel is proceeding, but such an amended Commission, the presiding officer or the eventually planned to be used in two petition must satisfy the specificity presiding Atomic Safety and Licensing existing domestic commercial reactors, requirements described above. Board that the petition and/or request thus helping to ensure that plutonium Not later than 15 days prior to the first should be granted based upon a produced for nuclear weapons and prehearing conference scheduled in the balancing of the factors specified in 10 declared excess to national security proceeding, a petitioner shall file a CFR 2.714(a)(1)(i)–(v) and 2.714(d). needs is converted to forms that are supplement to the petition to intervene If a request for a hearing is received, inaccessible and unattractive for nuclear which must include a list of the the Commission’s staff may issue the weapons. contentions which are sought to be amendment after it completes its TENTATIVE DATES; FUTURE NOTICES OF litigated in the matter. Each contention technical review and prior to the OPPORTUNITY FOR HEARINGS: The public must consist of a specific statement of completion of any required hearing if it scoping process required by NEPA the issue of law or fact to be raised or publishes a further notice for public begins with publication of this NOI in controverted. In addition, the petitioner comment of its proposed finding of no the Federal Register and continues until shall provide a brief explanation of the significant hazards consideration in May 21, 2001. Written comments bases of the contention and a concise accordance with 10 CFR 50.91 and submitted by mail should be statement of the alleged facts or expert 50.92. postmarked by that date to ensure opinion which support the contention For further details with respect to this consideration. Comments mailed after and on which the petitioner intends to action, see the application for that date will be considered to the rely in proving the contention at the amendment dated November 17, 2000, extent practical. However, this May 21 hearing. The petitioner must also as supplemented by letter dated date, and the proposed meeting dates provide references to those specific February 16, 2001, which is available listed below, are subject to change for sources and documents of which the for public inspection at the the following reasons. The NRC is petitioner is aware and on which the Commission’s Public Document Room, presently conducting its initial petitioner intends to rely to establish located at One White Flint North, 11555 administrative acceptance review of the those facts or expert opinion. Petitioner Rockville Pike (first floor), Rockville, construction authorization request must provide sufficient information to Maryland 20855–2738, and accessible (CAR) regarding the MOX Facility.
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Following the acceptance review (if the 305 Martin Luther King Boulevard, be located at its SRS. The first approach CAR is acceptable), a detailed technical Savannah, GA is immobilization of approximately 8.4 review of the CAR begins. The CAR was Scoping Meeting Time: 7 p.m. to 10 metric tons of surplus plutonium. The submitted to the NRC on February 28, p.m. immobilization will consist of placing 2001, by DCS (a consortium formed by Open House Time: 5:30 p.m. to 7 p.m. the weapons-grade plutonium into Duke Engineering & Services, COGEMA, ADDRESSES: To register for a meeting, to canisters that will be filled with vitrified Inc., and Stone and Webster), the provide comments or suggestions on the glass from the SRS high-level waste engineering firm which, if NRC grants scope of the EIS, or to make requests for tanks. The second approach will convert approval, would build the MOX special arrangements to enable up to 25.6 metric tons of surplus Facility. The acceptance review of the participation at scoping meetings (e.g., plutonium into MOX nuclear reactor CAR is expected to take 30 days to an interpreter for the hearing impaired), fuel. (The scoping process discussed in complete. If the CAR is accepted and please contact: Tim Harris at (301) 415– this notice is focused on this second formally docketed, the EIS scoping 6613 or Betty Garrett at (301) 415–5808. approach.) A third facility to process will continue. If, for any reason, FOR FURTHER INFORMATION CONTACT: For disassemble the plutonium pits (the the CAR is not accepted and formally general or technical information current form) and convert the recovered docketed, the scoping process will be associated with the license review of the plutonium into plutonium dioxide suspended, and a notice postponing the MOX Facility, please contact: Tim suitable for disposition will also be meetings listed below will be published Johnson at (301) 415–7299 or Drew located at SRS, but will not be reviewed in the Federal Register. Additionally, if Persinko at (301) 415–6522. For general by NRC and is not included in this the CAR passes the acceptance review, information on the NRC NEPA process, scoping meeting. a notice of opportunity for hearing please contact: Jennifer Davis at (301) The DOE has selected DCS to provide regarding the CAR will be published in 415–5874 or Tim Harris at (301) 415– the MOX fuel fabrication and reactor the Federal Register. 6613. irradiation services. DCS submitted its DCS plans to submit to the NRC a Availability of Documents for Review: Environmental Report for MOX fuel separate license application requesting Information and documents associated authority to operate the MOX Facility. fabrication to NRC on December 19, with the MOX project, including the 2000. DCS submitted its CAR to NRC on This DCS request, which would also be DCS Environmental Report submitted in subject to the NRC’s acceptance review February 28, 2001. NRC will evaluate December 2000, and the CAR, may be the potential environmental impacts procedures, is expected in the summer obtained from the Internet on NRC’s of 2002. If this request is accepted and associated with MOX fuel fabrication in MOX web page: http://www.nrc.gov/ parallel with the review of the CAR. formally docketed, another notice of NRC/NMSS/MOX/index.html (case opportunity for hearing regarding This evaluation will be documented in sensitive). In addition, documents are draft and final Environmental Impact operating authority would then be available for public review through our published in the Federal Register. Statements in accordance with NEPA electronic reading room: http:// and NRC’s implementing regulations at NRC will conduct public scoping www.nrc.gov/NRC/ADAMS/index.html. 10 CFR Part 51. meetings to assist it in defining the Documents may also be obtained from appropriate scope of the EIS, including NRC’s Public Document Room at U.S. MOX Fuel Fabrication at SRS (New the significant environmental issues to Nuclear Regulatory Commission, Public Construction) be addressed. NRC plans to hold Document Room, Washington, DC scoping meetings in April 2001. Please 20555. The MOX Facility, if licensed, would note that meeting attendees will be DCS states that some of the detailed produce completed MOX fuel requested to participate in the scoping technical material in the CAR is assemblies for use in two domestic, process through small working groups confidential information which should commercial nuclear power reactors. within the larger meeting setting. (See be withheld from public disclosure. Feed materials would be plutonium Section entitled Scoping Meeting DCS has submitted an affidavit with its dioxide from the pit conversion facility Format, below, for more details.) To CAR, in support of its confidentiality at SRS, and uranium dioxide made from effectively plan for this type of meeting, statement. Until the NRC makes a either the DOE stockpile of depleted NRC staff will need to know how many determination as to whether the uranium hexafluoride from another DOE participants to expect. If you do plan to information at issue can be properly site, or another source selected by DCS attend any or all of the meetings, please withheld, the publicly available copy of and approved by DOE. MOX fuel help us by registering ahead of time. the CAR will be an edited version. fabrication involves purification of the Contact information for registration is SUPPLEMENTARY INFORMATION: plutonium dioxide to remove other provided below in the section metals present in the weapons pit; ‘‘Addresses.’’ The meeting dates, times Background blending the plutonium dioxide with and locations are listed below. Prior to In January 2000, the DOE issued its depleted uranium dioxide; pressing the the Scoping Meetings, NRC staff will be Record of Decision (ROD) for the mixed oxide into pellets; sintering the available to informally discuss the MOX Surplus Plutonium Disposition Final pellets; loading the pellets into fuel project and answer questions in an EIS [65 FR 1608]. The fundamental rods; and assembling the fuel rods into ‘‘open house’’ format. purpose of the DOE program is to ensure fuel assemblies. Once assembled, the April 17, 2001 that plutonium produced for nuclear fuel assemblies would be transported to North Augusta Community Center, weapons and declared excess to a domestic, commercial reactor for use. 496 Brookside Drive, national security needs is converted to (The McGuire and/or the Catawba North Augusta, SC forms that are inaccessible and nuclear power plants near Charlotte, Scoping Meeting Time: 7 p.m. to 10 unattractive for nuclear weapons. In its NC, have been tentatively selected.) p.m. ROD, DOE announced that it had Following irradiation to generate Open House Time: 5:30 p.m. to 7 p.m. decided to use two approaches for the electric power, the MOX fuel would be April 18, 2001 disposition of surplus weapons removed from the reactor, and managed Coastal Georgia Center, plutonium, and that the facilities would at the reactor site as spent nuclear fuel.
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Final disposition would be at a geologic be generated, handled, and stored; to identify the significant issues related repository in accordance with the pollution prevention opportunities and to the proposed action. It is intended to Nuclear Waste Policy Act. the potential consequences to public solicit input from the public and other safety and the environment; agencies so that the analysis can be Purpose and Need for Agency Action • Hazardous Materials: handling, more clearly focused on issues of On October 17, 1998, Congress storage and use; both present and future; genuine concern. The principal goals of amended Section 202 of the Energy • Background Radiation: cosmic, the scoping process are to: Reorganization Act, giving licensing rock, soil, water, and air and the • Ensure that concerns are identified authority to the NRC regarding any potential addition of radiation; early and are properly studied; MOX Facility to be built (42 U.S.C. • Water Resources: surface and • Identify alternatives that will be 5842(5)). Accordingly, in order for DCS groundwater hydrology, water use and examined; to construct and operate the MOX quality, and the potential for • Identify significant issues that need Facility, it must be licensed/authorized degradation; to be analyzed; by the NRC. Such action would be a • Air Quality: meteorological • Eliminate unimportant issues; and • major federal action, thus requiring conditions, ambient background, Identify public concerns. NRC, pursuant to NEPA, to prepare an pollutant sources, and the potential for Scoping Meeting Format EIS for construction, operation and degradation; deactivation of the MOX Facility. The • Earth Resources: physical Traditionally, scoping meetings begin EIS will consider facility-specific geography, topography, geology and soil with agency speakers, then attendees environmental impacts (an earlier EIS characteristics; make oral comments. The scoping prepared by DOE addressed generic • Land Use: plans, policies and meetings for the MOX Facility will impacts) associated with constructing controls; follow a different structure, which was and operating the MOX Facility. The • Noise: ambient, sources, and recommended by the Council on EIS prepared by NRC will also consider sensitive receptors; Environmental Quality in its indirect effects from MOX fuel • Ecological Resources: wetlands, ‘‘Memorandum for General Counsels, fabrication, such as transportation to the aquatic, terrestrial, economically and NEPA Liaisons and Participants in domestic, commercial reactors, MOX recreationally important species, and Scoping,’’ dated April 30, 1981. ‘‘* * * The first part of the meeting fuel use in those reactors, and eventual threatened and endangered species; is devoted to a discussion of the spent fuel disposal. • Socioeconomic: demography, economic base, labor pool, housing, proposal in general, covering its Alternatives To Be Evaluated transportation, utilities, public services/ purpose, proposed location, design, and No Action—Do Not Issue Construction facilities, education, recreation, and any other aspects that can be presented Authorization for MOX Fuel Fabrication cultural resources; in a lecture format. A question and Facility at SRS • Natural Disasters: floods, answer period concerning this hurricanes, tornadoes, and seismic information is often held at this time. Alternative 1—Issue Construction events; Then . . . the next step is to break . . . Authorization for MOX Fuel Fabrication • Cumulative Effects: impacts from into small groups for more intensive Facility at SRS past, present and reasonably foreseeable discussion. At this point, * * * Note that NRC is limited to issuing or actions at, and near the site(s); numbers held by the participants are denying the construction authorization • Indirect Effects: transportation to used to assign them to small groups by and/or license to operate the MOX the domestic, commercial reactors, sequence, random drawing, or any other Facility at SRS. The DOE has already MOX fuel use in those reactors, and method. Each group should be no larger decided to pursue the two disposition eventual spent fuel disposal; than 12, and 8–10 is better. The groups approaches for surplus weapons • Unavoidable Adverse Impacts; are informed that their task is to prepare plutonium, and has already decided to • Natural and Depletable Resources: a list of significant environmental issues site the MOX Facility at SRS. These requirements and conservation and reasonable alternatives for analysis decisions will not be revisited by NRC. potential; and in the EIS. These lists will be presented Other alternatives not listed here may be • Environmental Justice: any to the main group and combined into a identified through the scoping process. potential disproportionately high and master list, after the discussion groups adverse impacts to minority and low- are finished.’’ Environmental Impact Areas To Be income populations. A member of the NRC staff, or NRC Analyzed Alternatives other than those contractor staff will be part of each The following areas have been presented in this document may warrant group to answer questions and listen to tentatively identified for analysis in the examination, and new issues may be the participants’ concerns. The agency EIS. This list is neither intended to be identified for evaluation. person will not lead the group all inclusive, nor is it a discussions, but will serve as the Scoping Meetings predetermination of potential recording secretary for each group. This environmental impacts. The list is One purpose of this NOI is to will ensure he/she is listening to group presented to facilitate comments on the encourage public involvement in the views. Each group will choose a scope of the EIS. Additions to, or EIS process, and to solicit public member to lead the group discussions. deletions from this list may occur as a comments on the proposed scope and In addition to the group discussions, result of the public scoping process. content of the EIS. NRC will hold public participants will be able to express their • Health and Safety: potential public scoping meetings in the SRS vicinity to oral views to a recording secretary in and occupational consequences from solicit both oral and written comments five minute blocks. NRC encourages construction, routine operation, from interested parties. those providing oral comments to also transportation, and credible accident Scoping is an early and open process submit them in writing. Comment cards scenarios; designed to determine the range of will also be available for anyone who • Waste Management/Pollution actions, alternatives, and potential prefers to submit their comments in Prevention: types of wastes expected to impacts to be considered in the EIS, and written form.
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Scoping Comments DATES: Weeks of March 5, 12, 19, 26, Contact person for more information: April 2, 9, 2001. David Louis Gamberoni (301) 415–1651. Written comments should be mailed to: Michael T. Lesar, Acting Chief, U.S. PLACE: Commissioners’ Conference Additional Information: Nuclear Regulatory Commission, Rules Room, 11555 Rockville Pike, Rockville, Maryland. By a vote of 5–0 on February 23, the & Directives Branch, Division of Commission determined pursuant to STATUS: Public and Closed. Administrative Services, Office of U.S.C. 552b(e) and § 9.107(a) of the Administration, Mail Stop T6D59, MATTERS TO BE CONSIDERED: Commission’s rules that ‘‘Discussion of Washington, DC 20555. Weeks of March 5, 2001 Intragovernmental Issues (Closed-Ex. Comments will also be accepted by e- 9)’’ be held on February 26, and on less There are no meetings scheduled for mail. Interested parties may e-mail their than one week’s notice to the public. the Week of March 5, 2001. comments to [email protected]. Comments The NRC Commission Meeting will be accepted by fax at 301–415– Week of March 12, 2001—Tentative Schedule can be found on the Internet 5398, Attention: Tim Harris. at: http://www.nrc.gov/SECY/smj/ Monday, March 12, 2001 NRC will make the scoping schedule.htm. summaries and project-related materials 1:25 p.m. This notice is distributed by mail to available for public review through our several hundred subscribers; if you no electronic reading room: http:// Affirmation Session (Public Meeting) (If needed). longer wish to receive it, or would like www.nrc.gov/NRC/ADAMS/index.html. to be added to the distribution, please The scoping meeting summaries and 1:30 p.m. contact the Office of the Secretary, project-related materials will also be Discussion of Management Issues Washington, D.C. 20555 (301–415– available on the NRC’s MOX web page: (Closed-Ex. 2) 1969). In addition, distribution of this http://www.nrc.gov/NRC/NMSS/MOX/ meeting notice over the Internet system index.html (case sensitive). Week of March 19, 2001—Tentative is available. If you are interested in The NEPA Process Thursday, March 22, 2001 receiving this Commission meeting schedule electronically, please send an 10:25 a.m. The EIS for the MOX Facility will be electronic message to [email protected]. prepared according to the National Affirmation Session (Public Meeting) Dated: March 1, 2001. Environmental Policy Act of 1969, the (If needed). David Louis Gamberoni, Council on Environmental Quality’s 10:30 a.m. Regulations for Implementing the Meeting with Advisory Committee on Technical Coordinator, Office of the Procedural Provisions of NEPA (40 CFR Nuclear Waste (ACNW) (Public Secretary. Parts 1500–1508), and NRC’s NEPA Meeting) (Contact: John Larkins, [FR Doc. 01–5723 Filed 3–5–01; 2:21 pm] Regulations (10 CFR Part 51). 301–415–7360). BILLING CODE 7590–01–M The draft EIS is scheduled to be This meeting will be webcast live at published in February 2002. A 45-day the Web address—www.nrc.gov/ NUCLEAR REGULATORY comment period on the draft EIS is live.html. planned, and public meetings to receive COMMISSION Week of March 26, 2001—Tentative comments will be held approximately Biweekly Notice; Applications and three weeks after distribution of the There are no meetings scheduled for Amendments to Facility Operating draft EIS. Availability of the draft EIS, the Week of March 26, 2001. Licenses Involving No Significant the dates of the public comment period, Hazards Considerations and information about the public Week of April 2, 2001—Tentative meetings will be announced in the There are no meetings scheduled for I. Background Federal Register, on NRC’s MOX web the Week of April 2, 2001. Pursuant to Public Law 97–415, the page, and in the local news media when U.S. Nuclear Regulatory Commission the draft EIS is distributed. The final Week of April 9, 2001—Tentative (the Commission or NRC staff) is EIS, which will incorporate public Monday, April 9, 2001. publishing this regular biweekly notice. comments received on the draft EIS, is 1:30 p.m. Public Law 97–415 revised section 189 expected in September 2002. Briefing on 10 CFR Part 71 of the Atomic Energy Act of 1954, as Signed in Rockville, MD, this 1st day of Rulemaking (Public Meeting) amended (the Act), to require the March 2001. (Contacts: Naiem Tanious, 301– Commission to publish notice of any For the Nuclear Regulatory Commission. 415–6103; David Pstrak, 301–415– amendments issued, or proposed to be Charlotte E. Abrams, 8486). issued, under a new provision of section Acting Chief, Environmental and 189 of the Act. This provision grants the Tuesday, April 10, 2001 Performance Assessment Branch, Division of Commission the authority to issue and Waste Management, Office of Nuclear 10:25 a.m. make immediately effective any Material Safety and Safeguards. Affirmation Session (Public Meeting) amendment to an operating license [FR Doc. 01–5509 Filed 3–6–01; 8:45 am] (If needed). upon a determination by the BILLING CODE 7590–01–P 10:30 a.m. Commission that such amendment Meeting on Rulemaking and Guidance involves no significant hazards Development for Uranium Recovery consideration, notwithstanding the NUCLEAR REGULATORY Industry (Public Meeting) (Contact: pendency before the Commission of a COMMISSION Michael Layton, 301–415–6676). request for a hearing from any person. Sunshine Act Meeting *The schedule for Commission This biweekly notice includes all meetings is subject to change on short notices of amendments issued, or AGENCY HOLDING THE MEETING: Nuclear notice. To verify the status of meetings proposed to be issued from February 12, Regulatory Commission. call (recording)—(301) 415–1292. 2001, through February 23, 2001. The
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last biweekly notice was published on Copies of written comments received Board up to 15 days prior to the first February 21, 2001 (66 FR 11050). may be examined at the NRC Public prehearing conference scheduled in the Document Room, located at One White proceeding, but such an amended Notice of Consideration of Issuance of Flint North, 11555 Rockville Pike (first petition must satisfy the specificity Amendments to Facility Operating floor), Rockville, Maryland 20852. The requirements described above. Licenses, Proposed No Significant filing of requests for a hearing and Not later than 15 days prior to the first Hazards Consideration Determination, petitions for leave to intervene is prehearing conference scheduled in the and Opportunity for a Hearing discussed below. proceeding, a petitioner shall file a The Commission has made a By April 6, 2001, the licensee may file supplement to the petition to intervene proposed determination that the a request for a hearing with respect to which must include a list of the following amendment requests involve issuance of the amendment to the contentions which are sought to be no significant hazards consideration. subject facility operating license and litigated in the matter. Each contention Under the Commission’s regulations in any person whose interest may be must consist of a specific statement of 10 CFR 50.92, this means that operation affected by this proceeding and who the issue of law or fact to be raised or of the facility in accordance with the wishes to participate as a party in the controverted. In addition, the petitioner proposed amendment would not (1) proceeding must file a written request shall provide a brief explanation of the involve a significant increase in the for a hearing and a petition for leave to bases of the contention and a concise probability or consequences of an intervene. Requests for a hearing and a statement of the alleged facts or expert accident previously evaluated; or (2) petition for leave to intervene shall be opinion which support the contention create the possibility of a new or filed in accordance with the and on which the petitioner intends to different kind of accident from any Commission’s ‘‘Rules of Practice for rely in proving the contention at the accident previously evaluated; or (3) Domestic Licensing Proceedings’’ in 10 hearing. The petitioner must also involve a significant reduction in a CFR Part 2. Interested persons should provide references to those specific margin of safety. The basis for this consult a current copy of 10 CFR 2.714 sources and documents of which the proposed determination for each which is available at the Commission’s petitioner is aware and on which the amendment request is shown below. Public Document Room, located at One petitioner intends to rely to establish The Commission is seeking public White Flint North, 11555 Rockville Pike those facts or expert opinion. Petitioner comments on this proposed (first floor), Rockville, Maryland 20852. must provide sufficient information to determination. Any comments received Publicly available records will be show that a genuine dispute exists with within 30 days after the date of accessible and electronically from the the applicant on a material issue of law publication of this notice will be ADAMS Public Library component on or fact. Contentions shall be limited to considered in making any final the NRC Web site, http://www.nrc.gov matters within the scope of the determination. (the Electronic Reading Room). If a amendment under consideration. The Normally, the Commission will not request for a hearing or petition for contention must be one which, if issue the amendment until the leave to intervene is filed by the above proven, would entitle the petitioner to expiration of the 30-day notice period. date, the Commission or an Atomic relief. A petitioner who fails to file such However, should circumstances change Safety and Licensing Board, designated a supplement which satisfies these during the notice period such that by the Commission or by the Chairman requirements with respect to at least one failure to act in a timely way would of the Atomic Safety and Licensing contention will not be permitted to result, for example, in derating or Board Panel, will rule on the request participate as a party. shutdown of the facility, the and/or petition; and the Secretary or the Those permitted to intervene become Commission may issue the license designated Atomic Safety and Licensing parties to the proceeding, subject to any amendment before the expiration of the Board will issue a notice of a hearing or limitations in the order granting leave to 30-day notice period, provided that its an appropriate order. intervene, and have the opportunity to final determination is that the As required by 10 CFR 2.714, a participate fully in the conduct of the amendment involves no significant petition for leave to intervene shall set hearing, including the opportunity to hazards consideration. The final forth with particularity the interest of present evidence and cross-examine determination will consider all public the petitioner in the proceeding, and witnesses. and State comments received before how that interest may be affected by the If a hearing is requested, the action is taken. Should the Commission results of the proceeding. The petition Commission will make a final take this action, it will publish in the should specifically explain the reasons determination on the issue of no Federal Register a notice of issuance why intervention should be permitted significant hazards consideration. The and provide for opportunity for a with particular reference to the final determination will serve to decide hearing after issuance. The Commission following factors: (1) The nature of the when the hearing is held. expects that the need to take this action petitioner’s right under the Act to be If the final determination is that the will occur very infrequently. made a party to the proceeding; (2) the amendment request involves no Written comments may be submitted nature and extent of the petitioner’s significant hazards consideration, the by mail to the Chief, Rules Review and property, financial, or other interest in Commission may issue the amendment Directives Branch, Division of Freedom the proceeding; and (3) the possible and make it immediately effective, of Administrative Services, Office of effect of any order which may be notwithstanding the request for a Administration, U.S. Nuclear Regulatory entered in the proceeding on the hearing. Any hearing held would take Commission, Washington, DC 20555– petitioner’s interest. The petition should place after issuance of the amendment. 0001, and should cite the publication also identify the specific aspect(s) of the If the final determination is that the date and page number of this Federal subject matter of the proceeding as to amendment request involves a Register notice. Written comments may which petitioner wishes to intervene. significant hazards consideration, any also be delivered to Room 6D22, Two Any person who has filed a petition for hearing held would take place before White Flint North, 11545 Rockville leave to intervene or who has been the issuance of any amendment. Pike, Rockville, Maryland from 7:30 admitted as a party may amend the A request for a hearing or a petition a.m. to 4:15 p.m. Federal workdays. petition without requesting leave of the for leave to intervene must be filed with
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the Secretary of the Commission, U.S. 1. Would not involve a significant will not involve a significant increase in Nuclear Regulatory Commission, increase in the probability or the probability or consequences of an Washington, DC 20555–0001, Attention: consequences of an accident previously accident previously evaluated. evaluated Rulemaking and Adjudications Branch, B. LCO [limiting condition for or may be delivered to the A. Technical Specification Table 3.3.1– operation] 3.4.1 and Surveillance Commission’s Public Document Room, 1, Item 7 Requirement 3.4.1.3 located at One White Flint North, 11555 Technical Specification Table 3.3.1–1, Rockville Pike (first floor), Rockville, The proposed amendment would ‘‘Reactor Protective System Maryland 20852, by the above date. A revise Technical Specification LCO Instrumentation,’’ Item 7 sets the copy of the petition should also be sent 3.4.1 and Surveillance Requirement allowable value for ‘‘Steam Generator to the Office of the General Counsel, 3.4.1.3 to increase reactor coolant Level-Low’’ function to greater than or U.S. Nuclear Regulatory Commission, minimum required total flow rate back equal to 10 inches below the top of the to the originally established value of Washington, DC 20555–0001, and to the feed ring. To accommodate the 370,000 gpm [gallons per minute] from attorney for the licensee. geometric difference in the location of the current value of 340,000 gpm, which Nontimely filings of petitions for the top of the feed ring with respect to was recently established to leave to intervene, amended petitions, the pedestal between the original steam accommodate more tube plugging in the supplemental petitions and/or requests generators (OSG) (510.8 inches) and the OSG. The flow resistance of the RSG is for a hearing will not be entertained replacement steam generators (RSG) equivalent to that of the OSG with zero absent a determination by the (484.8 inches), the proposed plugged tubes. Therefore, the required Commission, the presiding officer or the amendment would change the allowable minimum RCS [reactor coolant system] Atomic Safety and Licensing Board that value for ‘‘Steam Generator Level-Low’’ total flow rate can be increased to the the petition and/or request should be function to greater than or equal to 50 value previously established for the granted based upon a balancing of inches below normal water level. Since original steam generators with zero factors specified in 10 CFR normal water levels for RSG and OSG plugged tubes, 370,000 gpm. 2.714(a)(1)(i)–(v) and 2.714(d). with respect to the pedestal are identical Increasing the required minimum RCS For further details with respect to this and the current steam generator level- total flow rate has no adverse impact on low reactor trip setpoint ‘‘≥10 inches action, see the application for the safety analysis. Crediting more RCS below top of feed ring’’ is ‘‘≥ 50 inches flow in the safety analysis allows for amendment which is available for below normal water level’’ for both the greater flexibility in core design and public inspection at the Commission’s RSG and OSG, the functionality of the operation. The increase in RCS flow Public Document Room, located at One steam generator level-low reactor trip associated with the RSG is within the White Flint North, 11555 Rockville Pike setpoint will be unchanged. bounds previously analyzed for the (first floor), Rockville, Maryland 20852. Furthermore, use of normal water level OSG. The hydraulic forces experienced Publicly available records will be as the point of reference instead of top around the RCS loop, including the core accessible and electronically from the of the feed ring is more practical and uplift force, are acceptable. The change ADAMS Public Library component on appropriate since it is the frame of is more restrictive in nature in that more the NRC Web site, http://www.nrc.gov reference for steam generator water level RCS flow will be required to meet (the Electronic Reading Room). indication used in the Control Room by Surveillance Requirement 3.4.1.3 and Calvert Cliffs Nuclear Power Plant, Inc., the operators. more RCS flow ensures enhanced core Docket Nos. 50–317 and 50–318, Calvert The design basis accident affected by heat removal. The overall core thermal Cliffs Nuclear Power Plant, Unit Nos. 1 the proposed change is the Loss of margin in the safety analysis will and 2, Calvert County, Maryland Feedwater Flow event. The Steam remain essentially the same. Generator Level-Low Reactor Trip Therefore, the proposed revision to Date of amendments request: Setpoint, in combination with the increase reactor coolant minimum December 20, 2000. Auxiliary Feedwater Actuation System, required total flow rate will not involve Description of amendments request: ensures that adequate secondary side a significant increase in the probability The amendments would revise the water inventory exists in both RSGs to or consequences of an accident Technical Specifications to incorporate remove decay heat following a Loss of previously evaluated. Feedwater Flow event. To ensure that changes required to support operation C. Technical Specification with replacement steam generators. The the acceptance criteria for the Loss of Feedwater Flow event are met with the Administrative Control 5.5.9 proposed changes will (1) accommodate RSGs, there must be at least as much The proposed revision deletes three geometric differences between the mass in RSG at the Safety Analysis sleeving options from Administrative original and replacement steam water level as in the OSG. The OSG Technical Specification 5.5.9. The generators, (2) increase the reactor Safety Analysis water level is 116.4 sleeving options are: Westinghouse coolant flow rate from the current value inches below normal water level. Using Laser Welded sleeves, Asea Brown which was recently established to the same method to predict steam Boveri, Inc. (ABB)-Combustion accommodate more tube plugging, and generator inventory, at this water level, Engineering Leak Tight sleeves, and the (3) delete tube sleeving options OSG has 64,049 Ibm water mass and ABB-Combustion Engineering Alloy 800 approved for the original steam RSG has 64,115 Ibm water mass. Leak Limiting sleeves. One of the generators. Therefore, the RSG has more post- differences between the OSG and the Basis for proposed no significant reactor trip secondary side inventory RSG design is the use of thermally- hazards consideration determination: than the OSG which ensures the Loss of treated Alloy 690 tube material instead As required by 10 CFR 50.91(a), the Feedwater event acceptance criteria are of high temperature mill-annealed Alloy licensee has provided its analysis of the not challenged. 600 used for the OSG. The three issue of no significant hazards Therefore, the proposed revision to sleeving tube repair options described consideration, which is presented change the reference setpoint for steam in Calvert Cliffs Nuclear Power Plant below: generator low level reactor trip function (CCNPP) Technical Specification
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Administrative Control 5.5.9, are Therefore, the proposed revision to associated with the RSG is within the designed specifically for the OSGs’ mill- increase reactor coolant minimum bounds previously analyzed for the annealed Alloy 600 tubes. required total flow rate will not create OSG. The hydraulic forces experienced The three sleeving options were the possibility of a new or different type around the RCS loop, including the core acquired by CCNPP for economic of accident from any accident uplift force, are acceptable. The change reasons to maintain OSG thermal output previously evaluated. is more restrictive in nature in that more by minimizing the number of tubes C. Technical Specification RCS flow will be required to meet plugged. Therefore, deletion of these Administrative Control 5.5.9 Surveillance Requirement 3.4.1.3 and repair options from Administrative more RCS flow ensures enhanced core Control 5.5.9 has no safety significance. As described in Item I above, the three heat removal. The overall core thermal Therefore, the proposed revision will sleeving options were acquired by margin in the safety analysis will not involve a significant increase in the CCNPP for economic reasons to remain essentially the same. probability or consequences of an maintain OSO thermal output by Therefore, the proposed revision to accident previously evaluated. minimizing the number of tubes increase reactor coolant minimum plugged. Therefore, deletion of these required total flow rate does not involve 2. Would not create the possibility of a repair options from Technical a significant reduction in the margin of new or different [kind] of accident from Specification Administrative Control safety. any accident previously evaluated 5.5.9 has no safety significance. C. Technical Specification A. Technical Specification Table 3.3.1– Therefore, the proposed revision will Administrative Control 5.5.9 1, Item 7 not create the possibility of a new or different type of accident from any As described in Item 1C above, the The RSGs are equivalent in function accident previously evaluated. three sleeving options were acquired by to the OSGs. Changing Technical CCNPP for economic reasons to Specification Table 3.3.1–1, Item 7 is 3. Would not involve a significant maintain OSG thermal output by required to provide a correct and reduction in the margin of safety minimizing the number of tubes practical reference point from which to A. Technical Specification Table 3.3.1– plugged. Therefore, deletion of these measure the Reactor Trip Steam 1, Item 7 repair options from Technical Generator Level-Low Setpoint. As As described above in Item 1, the Specification Administrative Control described above in Item 1, the normal design basis accident affected by the 5.5.9 has no safety significance. water levels for RSG and OSG with proposed change is the Loss of Therefore, the proposed revision does respect to the pedestal are identical and Feedwater Flow event. The Steam not involve a significant reduction in the current steam generator level-low ≥ Generator Level-Low Reactor Trip the margin of safety. reactor trip setpoint, ‘‘ 10 inches below The NRC staff has reviewed the ≥ Setpoint, in combination with the top of feed ring’’ is ‘‘ 50 inches below Auxiliary Feedwater Actuation System, licensee’s analysis and, based on this normal water level’’ for both the RSG ensures that adequate secondary side review, it appears that the three and OSG. Hence, the functionality of the water inventory exists in both RSGs to standards of 10 CFR 50.92(c) are reactor trip steam generator level-low remove decay heat following a Loss of satisfied. Therefore, the NRC staff setpoint will be unchanged. Feedwater Flow event. To ensure that proposes to determine that the Furthermore, use of normal water level the acceptance criteria for the Loss of amendments request involves no as the point of reference instead of top Feedwater Flow event are met with the significant hazards consideration. of the feed ring is more practical and RSGs, there must be at least as much Attorney for licensee: Jay E. Silberg, appropriate since it is the frame of mass in RSG at the Safety Analysis Esquire, Shaw, Pittman, Potts and reference for steam generator water level water level as in the OSG. The OSG Trowbridge, 2300 N Street, NW., indication used in the Control Room by Safety Analysis water level is 116.4 Washington, DC 20037. the operators. inches below normal water level. Using NRC Section Chief: Marsha Therefore, the proposed revision to the same method to predict steam Gamberoni. change the reference setpoint for steam generator inventory, at this water level, Consumers Energy Company, Docket generator low level reactor trip function OSO has 64,049 lbm water mass and No. 50–255, Palisades Plant, Van Buren will not create the possibility of a new RSG has 64,115 Ibm water mass. County, Michigan or different [kind] of accident from any Therefore, the RSG has more post- accident previously evaluated. reactor trip secondary side inventory Date of amendment request: January 26, 2001. B. LCO 3.4.1 and Surveillance than the OSG which ensures the Loss of Description of amendment request: Requirement 3.4.1.3 Feedwater event acceptance criteria are not challenged. The proposed amendment would As described above in Item 1, Therefore, the proposed revision to change Technical Specification (TS) increasing the required minimum RCS change the reference setpoint for steam Surveillance Requirement (SR) 3.7.9.2, total flow rate has no adverse impact on generator low level reactor trip function ‘‘Ultimate Heat Sink (UHS),’’ by the plant’s safety analyses. The increase does not involve a significant reduction increasing the maximum allowable in RCS flow associated with the RSG is in the margin of safety. temperature of Lake Michigan water within the bounds previously analyzed from 81.5 °F to 85 °F. The licensee also for the OSG. The hydraulic forces B. LCO 3.4.1 and Surveillance proposes to reflect this change in the experienced around the RCS loop, Requirement 3.4.1.3 associated TS Bases. including the core uplift force, are As described above in Item 1, Basis for proposed no significant acceptable. The change is more increasing the required minimum RCS hazards consideration determination: restrictive in nature in that more RCS total flow rate has no adverse impact on As required by 10 CFR 50.91(a), the flow will be required to meet the safety analysis. Crediting more RCS licensee has provided its analysis of the Surveillance Requirement 3.4.1.3 and flow in the safety analysis allows for issue of no significant hazards more RCS flow ensures enhanced core greater flexibility in core design and consideration, which is presented heat removal. operation. The increase in RCS flow below:
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The following evaluation supports the significant reduction in a margin of proposed change only adds an approved finding that operation of the facility in safety. methodology document. All accidents accordance with the proposed changes The NRC staff has reviewed the remain analyzed using applicable NRC would not: licensee’s analysis and, based on this approved methodologies. a. Involve a significant increase in the review, it appears that the three Therefore, operation of the facility in probability or consequences of an standards of 10 CFR 50.92(c) are accordance with the proposed change to accident previously evaluated. satisfied. Therefore, the NRC staff the Technical Specifications would not The UHS is Lake Michigan which is proposes to determine that the create the possibility of a new or completely passive and is not an amendment request involves no different kind of accident from any accident initiator in any accident significant hazards consideration. previously evaluated. previously evaluated. Therefore, this Attorney for licensee: Arunas T. (3) Involve a significant reduction in change does not involve an increase in Udrys, Esquire, Consumers Energy the margin of safety. the probability of an accident previously Company, 212 West Michigan Avenue, The proposed change to the list of evaluated. Jackson, Michigan 49201. methodology documents in The UHS, by design, mitigates the NRC Section Chief: Claudia M. Craig. Specification 5.6.5.b. would not reduce the margin of safety. Because all consequences of accidents by supplying Consumers Energy Company, Docket analyses use approved methodologies a repository for the decay heat and other No. 50–255, Palisades Plant, Van Buren and their results satisfy their respective excess energy removed in the process of County, Michigan cooling the plant equipment. The safety acceptance criteria, the margin of safety analysis has been revised to use a Date of amendment request: February is not reduced. maximum UHS water temperature of 85 12, 2001. Therefore, the proposed change to the Description of amendment request: °F. The results of these revised analyses Technical Specifications would not The proposed amendment would still meet all of the required acceptance involve a significant reduction in a change Technical Specification (TS) criteria. Therefore, the proposed margin of safety. Section 5.6.5b, ‘‘Reporting changes do not affect any of the results The NRC staff has reviewed the Requirements—Core Operating Limits of the FSAR [Final Safety Analysis licensee’s analysis and, based on this Report (COLR),’’ by adding a reference Report] Chapter 14 accident analyses. review, it appears that the three to the existing references of approved Hence the consequences of accidents standards of 10 CFR 50.92(c) are analytical methods for determining core previously evaluated do not change. satisfied. Therefore, the NRC staff operating limits. proposes to determine that the Therefore, operation of the facility in Basis for proposed no significant amendment request involves no accordance with the proposed changes hazards consideration determination: significant hazards consideration. to the Technical Specifications would As required by 10 CFR 50.91(a), the Attorney for licensee: Arunas T. not involve a significant increase in the licensee has provided its analysis of the Udrys, Esquire, Consumers Energy probability or consequences of an issue of no significant hazards Company, 212 West Michigan Avenue, accident previously evaluated. consideration, which is presented Jackson, Michigan 49201 b. Create the possibility of a new or below: NRC Section Chief: Claudia M. Craig. different kind of accident from any The following evaluation supports the previously evaluated. finding that operation of the facility in Entergy Gulf States, Inc., and Entergy The proposed change would not alter accordance with the proposed changes Operations, Inc., Docket No. 50–458, the design, configuration, or method of would not: River Bend Station, Unit 1, West operation of the plant. The proposed (1) Involve a significant increase in Feliciana Parish, Louisiana temperature limit has been verified to be the probability or consequences of an Date of amendment request: January acceptable for UHS operability accident previously evaluated. 24, 2001. determinations by its documented use The proposed change to the list of Description of amendment request: in plant equipment design methodology documents in The proposed amendment would revise considerations, and in the FSAR Specification 5.6.5.b. would not the Technical Specifications (TSs) to Chapter 14 accident analyses. Therefore, increase the probability or consequence incorporate the provisions to perform operation of the facility in accordance of an accident previously evaluated. routine diesel generator (DG) monthly with the proposed change to the Accidents previously evaluated will be testing by gradually accelerating the DG Technical Specifications would not unaffected by the addition of a to operating speed, as opposed to create the possibility of a new or methodology reference because they requiring the DG to attain rated voltage different kind of accident from any were analyzed using approved methods. and frequency within 10 seconds for DG previously evaluated. The results of these event analyses met 1A and DG 1B, and within 13 seconds c. Involve a significant reduction in their respective acceptance criteria. for DG 1C. In addition, a new TS would the margin of safety. Therefore, operation of the facility in be added to require fast start tests of the The proposed change to the Technical accordance with the proposed change to DGs on a 184-day frequency. Specifications would impose the Technical Specifications would not Basis for proposed no significant temperature limits already in use in involve a significant increase in the hazards consideration determination: equipment designs and as an initial probability or consequences of an As required by 10 CFR 50.91(a), the assumption of the plant accident accident previously evaluated. licensee has provided its analysis of the analyses. The proposed SR limit has (2) Create the possibility of a new or issue of no significant hazards been utilized in the accident analyses different kind of accident from any consideration, which is presented since 1994. The results of these accident previously evaluated. below: analyses meet all of the required The proposed change to the list of 1. Will operation of the facility in acceptance criteria when using the 85 °F methodology documents in accordance with this proposed change UHS water temperature limit. Therefore, Specification 5.6.5.b. would not create involve a significant increase in the the proposed change to the Technical the possibility of a new or different probability or consequences of an Specifications would not involve a accident than previously analyzed. The accident previously evaluated?
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The proposed changes affect the by eliminating unnecessary testing. The violated. The new SLMCPR preserves surveillance requirements for the diesel generator start times assumed in the margin to transition boiling, and the emergency diesel generators. The the current accident analyses are probability of fuel damage is not emergency diesel generators are onsite unchanged and will be verified on a 6- increased. standby power sources intended to month frequency. Therefore, the proposed changes to provide redundant and reliable power to Therefore, these changes do not technical specifications do not involve ESF [engineered safety feature] systems involve a significant reduction in the an increase in the probability or credited as accident mitigating features margin of safety. consequences of an accident previously in design basis analyses. As discussed The NRC staff has reviewed the evaluated. in Regulatory Guide (RG) 1.9, Revision licensee’s analysis and, based on this 2. The proposed changes to technical 3, the proposed changes are intended to review, it appears that the three specifications do not create the allow slower starts of the diesel standards of 10 CFR 50.92(c) are possibility of a new or different kind of generators during testing in order to satisfied. Therefore, the NRC staff accident from any accident previously reduce diesel generator aging effects due proposes to determine that the evaluated. to excessive testing conditions. As such, amendment request involves no The proposed changes result only the proposed changes should result in significant hazards consideration. from revised methods of analysis for the improved diesel generator reliability Attorney for licensee: Mark Cycle 14 core reload. These methods and availability, thereby providing Wetterhahn, Esq., Winston & Strawn, have been reviewed and approved by additional assurance that the diesel 1400 L Street, NW., Washington, DC the NRC, do not involve any new or generators will be capable of performing 20005. unapproved method for operating the their safety function. The method of NRC Section Chief: Robert A. Gramm. facility, and do not involve any facility starting the emergency diesel generators Entergy Nuclear Generation Company, modifications. No new initiating events for testing purposes does not affect the Docket No. 50–293, Pilgrim Nuclear or transients result from these changes. Therefore, the proposed changes to probability of any previously evaluated Power Station, Plymouth County, accident. Although the changes allow technical specifications do not create Massachusetts slower starts for the monthly tests, the the possibility of a new or different kind more rapid start function assumed in Date of amendment request: February of accident from any accident the accident analysis is unchanged and 5, 2001. previously evaluated. will be verified on a 184 day frequency. Description of amendment request: 3. The proposed changes to technical Therefore the accident analysis The proposed amendment would specifications do not involve a consequences are not affected. change the Safety Limit Minimum significant reduction in a margin of Therefore, these changes do not Critical Power Ratio (SLMCPR) in safety. involve a significant increase in the Technical Specification (TS) 2.1.2 from The margin of safety will remain the probability or consequences of any 1.08 to 1.06. The proposed amendment same. The new SLMCPR was derived accident previously evaluated. would also change the parenthetical using NRC approved methods which are 2. Will operation of the facility in statements after certain references listed in accordance with the current fuel accordance with this proposed change in TS 5.6.5.b to clarify that the design and licensing criteria. The create the possibility of a new or analytical methods described in General SLMCPR remains high enough to ensure different kind of accident from any Electric Nuclear Energy documents that greater than 99.9% of all fuel rods accident previously evaluated? inclusive of the latest amendment or in the core will avoid transition boiling The proposed changes affect the revision are used to determine core if the limit is not violated, which is the surveillance requirements for the onsite operating limits. Also, the proposed current margin of safety used to ac [alternating current] sources, i.e. the amendment would add a new reference preserve the fuel cladding integrity. diesel generators. Accordingly, the to TS 5.6.5.b. Therefore, the proposed changes to proposed changes do not involve any Basis for proposed no significant technical specifications do not involve a change to the configuration or method hazards consideration determination: significant reduction in the margin of of operation of any plant equipment that As required by 10 CFR 50.91(a), the safety. could cause an accident. In addition, no licensee has provided its analysis of the Based on this review, it appears that new failure modes have been created issue of no significant hazards the three standards of 50.92(c) are nor has any new limiting failure been consideration. The NRC staff has satisfied. Therefore, the NRC staff introduced as a result of the proposed reviewed the licensee’s analysis against proposes to determine that the surveillance changes. the standards of 10 CFR 50.92(c). The amendment request involves no Therefore, these changes do not create NRC staff’s analysis is presented below: significant hazards consideration. the possibility of a new or different kind 1. The proposed changes to technical Attorney for licensee: J. M. Fulton, of accident from any previously specification do not involve a Esquire, Assistant General Counsel, evaluated. significant increase in the probability of Pilgrim Nuclear Power Station, 600 3. Will operation of the facility in an accident previously evaluated. Rocky Hill Road, Plymouth, accordance with this proposed change The proposed Safety Limit MCPR Massachusetts, 02360–5599 involve a significant reduction in a (SLMCPR), and its use to determine the NRC Section Chief: James W. Clifford. margin of safety? Cycle 14 thermal limits, have been The proposed changes are intended to derived using NRC approved methods Entergy Nuclear Generation Company, bring the existing RBS [River Bend [See application dated February 5, Docket No. 50–293, Pilgrim Nuclear Station] TS requirements for the onsite 2001]. These methods do not change the Power Station, Plymouth County, ac sources in line with regulatory method of operating the plant and have Massachusetts guidance. Under the proposed changes, no effect on the probability of an Date of amendment request: February the emergency diesel generators will accident initiating event or transient. 16, 2001. remain capable of performing their The basis of the SLMCPR is to ensure Description of amendment request: safety function, and the effects of aging no mechanistic fuel damage is This amendment would substitute a on the diesel generators will be reduced calculated to occur if the limit is not surveillance interval of ‘‘Once/
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Operating Cycle’’ for the current the proposed changes. No plant safety Basis for proposed no significant surveillance interval of ‘‘Each Refueling limits, setpoints, or design parameters hazards consideration determination: Outage,’’ for the following instruments are herein proposed, nor is any adverse As required by 10 CFR 50.91(a), the in Technical Specification Table 4.2.F: consequence introduced by the licensee has provided its analysis of the Containment High Radiation Monitor, proposed changes. The proposed issue of no significant hazards Reactor Building Vent Radiation changes will not create any failure mode consideration, which is presented Monitor, Main Stack Vent Radiation not bounded by previously evaluated below: Monitor, and Turbine Building Vent accidents. Therefore, the proposed Criterion 1—Does Not Involve a Radiation Monitor. changes do not create the possibility of Significant Increase in the Probability or Basis for proposed no significant a new or different kind of accident from hazards consideration determination: Consequences of an Accident Previously any accident previously evaluated. Evaluated As required by 10 CFR 50.91(a), the The proposed changes do not involve licensee has provided its analysis of the a significant reduction in a margin of The aforementioned revisions do not issue of no significant hazards safety. involve any physical change to plant consideration, which is presented The proposed changes entail the design. Relocating the requirements below: substitution of one Technical associated with the RCS Leak Detection The proposed changes do not involve Specification definition for another System from various TSs to ANO–2 a significant increase in the probability concerning radiation-monitoring [Arkansas Nuclear One, Unit 2] or consequences of an accident instruments. This is an administrative Specification 3.4.6.1 is administrative in previously evaluated. change because such substitution does nature and does not affect the accident There are no physical changes to analyses. The RCS water inventory not modify the operation, configuration, Pilgrim being introduced by the balance is more accurate than normal or processes of Pilgrim, nor does the proposed changes to the specified leak detection methods in regard to change modify the nominal 24-month instruments. The proposed changes do actual RCS leak rates, and therefore is surveillance/calibration interval not modify Pilgrim, i.e., there are no an excellent alternative when other leak currently in force for these instruments. changes in operating pressure, materials detection components may become or seismic loading. No plant safety The substitution of one Technical inoperable. Since the proposed changes limits, setpoints, or design parameters Specification definition for another only affect the requirements for the are adversely affected by the proposed concerning radiation monitoring detection of RCS leakage, the probability changes. The proposed changes do not instruments potentially reduces that an accident previously evaluated adversely affect the integrity of the personnel exposure from calibration- will occur remains unchanged. The reactor coolant pressure boundary such source radiation because site population proposed changes do not prevent nor that its function in the control of is less during non-refueling periods. No limit the diversity of acceptable radiological consequences is affected. plant safety limits, setpoints, or design detection of RCS leakage and, therefore, The proposed changes do enlarge the parameters are changed, nor is any do not significantly affect the opportunity-period for performing the adverse consequence introduced by the consequences of an accident previously subject calibrations by substituting one proposed changes. Therefore, the evaluated since leak rate information established Technical Specification proposed changes do not involve a will remain available to station definition for another; hence, the significant reduction in a margin of personnel. Although the non- proposed changes are administrative in safety. administrative revisions result in less nature because they do not change any The NRC staff has reviewed the restrictive requirements, the proposed methodology, interval, configuration or licensee’s analysis and, based on this changes remain within the acceptability equipment at Pilgrim. review, it appears that the three of General Design Criteria (GDC) 30 of Thus, the proposed changes do not standards of 50.92(c) are satisfied. Appendix A to 10 CFR [Part] 50 and affect any significant parameter Therefore, the NRC staff proposes to Regulatory Guide (RG) 1.45, and are associated with the instruments or determine that the amendment request consistent with the philosophies of the calibration interval; therefore, the ability involves no significant hazards RSTS [Revised Standard Technical of the instruments to perform their consideration. Specifications]. designed safety function is maintained. Attorney for licensee: J. M. Fulton, Therefore, the proposed changes do The change does not impact plant Esquire, Assistant General Counsel, not involve a significant increase in the operation. Consequently, operating Pilgrim Nuclear Power Station, 600 probability or consequences of any Pilgrim in conformance with the Rocky Hill Road, Plymouth, accident previously evaluated. proposed changes does not involve a Massachusetts, 02360–5599 Criterion 2—Does Not Create the significant increase in the probability or NRC Section Chief: James W. Clifford. Possibility of a New or Different Kind of consequences of an accident previously Entergy Operations, Inc., Docket No. 50– Accident From Any Previously evaluated. 368, Arkansas Nuclear One, Unit No. 2, The proposed changes do not create Evaluated Pope County, Arkansas the possibility of a new or different kind The aforementioned revisions do not of accident from any accident Date of amendment request: February involve any physical change to plant previously evaluated. 6, 2001 design. Relocating the requirements The proposed change substitutes one Description of amendment request: associated with the RCS Leak Detection Technical Specification definition for The proposed amendment would revise System from various TSs to ANO–2 another concerning certain radiation- the Technical Specifications (TSs) Specification 3.4.6.1 is administrative in monitoring instruments. The ability of associated with the reactor coolant nature and does not affect the accident these instruments to perform their system (RCS) leakage detection systems, analyses. The RCS water inventory designed-function is not affected by this to make them consistent with the balance is more accurate than normal change, and the surveillance interval requirements in NUREG–1432, leak detection methods in regard to remains nominally 24 months. No new ‘‘Standard Technical Specifications, actual RCS leak rates, and therefore is modes of operation are introduced by Combustion Engineering Plants.’’ an excellent alternative when other leak
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detection components may become amendment request involves no during shutdown, the emergency diesel inoperable. The proposed changes do significant hazards consideration. generators (EDG) and their associated not prevent acceptable detection of RCS Attorney for licensee: Nicholas S. emergency busses are not accident leakage by diverse methods. The Reynolds, Esquire, Winston and Strawn, initiating equipment. Therefore, there detection of a RCS leak does not cause 1400 L Street, NW., Washington, DC will be no impact on any accident an accident or prevent an accident from 20005–3502. probabilities by the approval of this occurring. Likewise, detecting a RCS NRC Section Chief: Robert A. Gramm. amendment. The design of this leak while in its initial stages does not Florida Power and Light Company, equipment is not being modified by create the possibility of a new or Docket No. 50–335, St. Lucie Plant, Unit these proposed changes. In addition, the different kind of accident than any No. 1, St. Lucie County, Florida ability of the EDGs to respond to a previously analyzed. Therefore, a new design basis accident will not be or different kind of accident than that Date of amendment request: January significantly impacted by these previously analyzed is not expected to 17, 2001 proposed changes. Consequences are no result due to the proposed changes of Description of amendment request: different than presently when an EDG is this submittal. Although the non- The licensee proposes to revise the out-of-service in the current TS allowed administrative revisions result in less Technical Specifications (TS) outage time during operation in Modes restrictive requirements, the proposed requirements for the Emergency Diesel 1 and 2. changes remain within the acceptability Generator (EDG) 24-hour surveillance Therefore, performing the EDG 24- of General Design Criteria (GDC) 30 of test run. Currently, the TS restrict hour endurance test in Modes 1 and 2 Appendix A to 10 CFR [Part] 50, performance of this test to shutdown does not involve a significant increase Regulatory Guide (RG) 1.45, and are periods due to historical concerns in the probability or consequences of an consistent with the philosophies of the regarding the effects of a potential accident previously evaluated. RSTS. failure while the EDGs are paralleled to (2) Use of the modified specification the off-site power system. The proposed would not create the possibility of a Therefore, the proposed changes do amendment would allow the new or different kind of accident from not create the possibility of a new or surveillance test to be conducted with any previously evaluated. different kind of accident from any the plant on-line. The licensee has The proposed change does not create previously evaluated. performed an analysis, which shows the possibility of a new or different kind Criterion 3—Does Not Involve a that conducting the 24-hour EDG test of accident from any accident Significant Reduction in the Margin of run with the plant on-line results in a previously evaluated for the following Safety very small change in core damage reasons: frequency, and is acceptable under the No new accident causal mechanisms The aforementioned revisions do not guidelines of Regulatory Guide 1.174. are created as a result of this involve any physical change to plant The risks incurred by performing the amendment request. Equipment will be design. Relocating the requirements test on-line will be substantially offset operated in the same configuration with associated with the RCS Leak Detection by plant benefits associated with the exception of the plant Mode in System from various TSs to the ANO– avoiding unnecessary plant transitions which testing is conducted. No changes 2 Specification 3.4.6.1 is administrative and/or reducing risks during shutdown are being made to the plant which in nature and does not affect the margin operations. introduce any new accident causal of safety. The RCS water inventory Basis for proposed no significant mechanisms. This amendment request balance is more accurate than normal hazards consideration determination: does not impact any plant systems that leak detection methods in regard to As required by 10 CFR 50.91(a), the are accident initiators; neither does it actual RCS leak rates, and therefore is licensee has provided its analysis of the adversely impact accident mitigating an excellent alternative when other leak issue of no significant hazards systems. detection components may become consideration, which is presented The changes removing the restriction inoperable. Maintaining diverse and below: to perform the tests during shutdown for accurate RCS leak detection methods (1) Operation of the facility in Unit 1 TS 4.8.1.1.2.e.6, in its simplest available helps to ensure RCS leaks will accordance with the proposed form, is just a request to extend the be detected within an acceptable period amendment would not involve a amount of time the EDG is synchronized of time and, therefore, the proposed significant increase in the probability or to the grid in Modes 1 and 2 from changes do not significantly reduce the consequences of an accident previously approximately 18 hours (one hour per margin to safety. Although the non- evaluated. month) to approximately 42 hours per administrative revisions result in less The proposed amendment does not cycle. The existing surveillance restrictive requirements, the proposed involve a significant increase in the requirement TS 4.8.1.1.2.a.5 requires, in changes remain within the acceptability probability or consequences of an part, that every 31 days each EDG be of General Design Criteria (GDC) 30 of accident previously evaluated for the demonstrated operable by Appendix A to 10 CFR [Part] 50 and following reasons: synchronizing to the grid for at least an Regulatory Guide (RG) 1.45, and are The change relocating the ‘‘during hour. It is simply a time extension of the consistent with the philosophies of the shutdown’’ requirement from TS existing surveillance requirement. RSTS. 4.8.1.1.2.e to the individual surveillance Therefore, performing the EDG 24-hour Therefore, the proposed changes do requirements under TS 4.8.1.1.2.e is endurance test in Modes 1 and 2 does not involve a significant reduction in strictly administrative in nature. not create the possibility of a new or the margin of safety. Therefore, it does not involve any different kind of accident from any The NRC staff has reviewed the increase in the probability or previously evaluated. licensee’s analysis and, based on this consequences of an accident previously (3) Use of the modified specification review, it appears that the three evaluated. would not involve a significant standards of 10 CFR 50.92(c) are For the change that revises Unit 1 TS reduction in a margin safety. satisfied. Therefore, the NRC staff 4.8.1.1.2.e.6 to remove the restriction to The AC electrical distribution system proposes to determine that the perform the EDG 24-hour endurance test has been designed to provide sufficient
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redundancy and reliability to ensure the The NRC staff has reviewed the parallel to the staffing requirements of availability of the EDGs to provide the licensee’s analysis and, based on this the Defueled Security Program. required safety function under design review, it appears that the three The operational and physical venues basis events to protect the power plant, standards of 50.92(c) are satisfied. of the Defueled Security Program, the the public, and plant personnel. Therefore, the NRC staff proposes to FIT Security Program, and the ISFSI The proposed changes do not affect determine that the amendment request Security Program are separate and the limiting conditions for operation or involves no significant hazards distinct. The line of demarcation their bases that are used in the consideration. between the three programs is clearly deterministic analysis to establish any Attorney for licensee: M.S. Ross, defined and not overlapping. The margin of safety. PSA evaluations were Attorney, Florida Power & Light, P.O. implementation of any of the programs used to evaluate these changes, and Box 14000, Juno Beach, Florida 33408– therefore does not degrade or inhibit the these evaluations determined that the 0420. implementation of the other two changes are not risk significant. The NRC Section Chief: Richard P. programs. proposed activity involves changes to Correia. The Defueled Program Guard Training the allowed plant mode for the and Qualification Plan and the Defueled Maine Yankee Atomic Power Company, performance specific Technical Safeguards Contingency plan also have Docket No. 50–309, Maine Yankee Specification surveillance requirements. not been changed. A separate and During the performance of the EDG Atomic Power Station, Lincoln County, parallel ISFSI Training and endurance surveillance test for a 24- Maine Qualification Plan and Contingency hour period, at least one EDG will be Date of amendment request: January Plan is included in the ISFSI Security available and will adequately respond 4, 2001. Program. The FIT program uses the within the time necessary to mitigate Description of amendment request: Defueled Program, Training and anticipated operational occurrences or The proposed amendment requests Qualification Plan and Contingency postulated design basis accidents. NRC’s approval of the Maine Yankee Plan. The physical protection systems The calculated total change in CDF, Atomic Power Company’s (MYAPC) described in the ISFSI and FIT Programs including the conservatively estimated Security Plan, Training and are designed to protect against the loss fire risk contribution, is less than 1E–06 Qualification Plan, and Contingency of control of the facility that could be per reactor year and the calculated total Plan. These plans reflect the addition of sufficient to cause a radiation exposure change in the LERF, including the provisions related to the loading and exceeding the dose as described in 10 conservatively estimated fire risk storage of spent fuel into the CFR 72.106. contribution, is less than 1E–07 per independent spent fuel storage Therefore, the ISFSI Program reactor year. The change in CDF and installation (ISFSI) under construction revisions of the Security Plan, Guard LERF is, therefore, within Region III of on owner-controlled property adjacent Training and Qualification Plan and the Regulatory Guide 1.174 Figures 3 and 4, to the plant site. Safeguards Contingency Plan will not and is considered very small. When the Basis for proposed no significant increase the probability or the full scope of plant risk is considered, hazards consideration determination: consequences of an accident previously the risks incurred by performing the As required by 10 CFR 50.91(a), the evaluated since the previously approved EDG 24-hour surveillance test during licensee has provided its analysis of the Defueled Training and Qualification power operation will be substantially issue of no significant hazards Plan and Contingency Plan remain offset by plant benefits associated with consideration, which is presented unchanged. avoiding unnecessary plant transitions below: 2. The proposed change does not and/or reducing risks during shutdown 1. The proposed change does not create the possibility of a new or operations. involve a significant increase in the different kind of accident from any The proposed change does not probability or consequences of an accident previously evaluated. involve a change to the plant design or accident previously evaluated. The FIT and ISFSI Security Programs operation, and thus, does not affect the The approved Security Plan, or have no impact on the existing Defueled design of the EDGs, the operational Defueled Security Program, currently Security Program since they operate in characteristics of the EDGs, the implemented is not being changed. The different physical and licensing venues. interfaces between the EDGs and other FIT [Fuel in Transit] Security Program The accidents considered for the Spent plant systems, or the function or and the ISFSI Security Program are Fuel Pool, the venue of the Defueled reliability of the EDGs. Because EDG being added to the scope of the overall Security Program, are described in the performance and reliability will security scheme at the Maine Yankee Maine Yankee Defueled Safety Analysis continue to be ensured by the proposed site. The additions to the overall plan Report. The accidents considered for the Technical Specification changes, the have been evaluated in accordance with FIT and ISFSI are contained in the NAC proposed changes do not result in a 10 CFR 50.54(p) and 10 CFR International, Inc. Final Safety Analysis significant reduction of the margin of 72.212(b)(4) and it has been determined Report for the UMS Universal Storage safety. that the implementation of the ISFSI System Docket No. 72–1015. Based on the above, FPL has and FIT Security Programs would not The FIT and ISFSI Security Programs determined that the proposed decrease the effectiveness of the have been crafted to meet or exceed all amendment does not involve a Defueled Security Program, the of the assumptions of the NAC significant increase in the probability or Defueled Security Guard Training and International FSAR concerning accident consequences of an accident previously Qualification Program, or the first four analyses and the programs meet or evaluated; or create the possibility of a categories of the Defueled Safeguards exceed all of the applicable new or different kind of accident from Contingency Program. requirements of 10 CFR 73.55 with any accident previously evaluated; or The Defueled Security Program approved exceptions or approved involve a significant reduction in a Staffing will be augmented as and if alternative measures. The physical margin of safety; and therefore, does not necessary to support Fuel in Transit protection systems described in the involve a significant hazards evolutions. The ISFSI Security Program ISFSI and FIT Programs are designed to consideration. staffing will be separate from and protect against the loss of control of the
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facility that could be sufficient to cause Eliminate high concentration boric acid letter of June 14, 1995 and NRC letter of a radiation exposure exceeding the dose from the SI system and (2) align this January 8, 1996). as described in 10 CFR 72.106. specific Prairie Island TS section with Therefore, the proposed changes will The proposed action does not affect the Standard TSs. not create the possibility of a new or plant systems, structures or components Basis for proposed no significant different kind of accident. within the venue of the existing hazards consideration determination: (3) The proposed amendment will not Security Plan. The ISFSI and FIT As required by 10 CFR 50.91(a), the involve a significant reduction in the program additions to the Security Plan, licensee has provided its analysis of the margin of safety. Guard Training and Qualification Plan issue of no significant hazards The proposed changes do not and the Safeguards Contingency Plan do consideration, which is presented significantly impact the plant response not create the possibility of a new or below: to an accident with respect to the ability different kind of accident from any (1) The proposed amendment will not to protect fission product barriers. The accident previously evaluated since the involve a significant increase in the proposed changes will not result in any previously approved Defueled Security probability or consequences of accidents significant increase in fuel cladding Plan, Training and Qualification Plan previously evaluated. damage in the event of a postulated and Contingency plan remain as is, The proposed change to the CVCS accident (accident analyses show the unaltered. [chemical volume control system] and proposed changes meet all acceptance 3. The proposed change does not SI system (increasing the concentration criteria related to maintaining cladding involve a significant reduction in a of boric acid in the RWST [refueling integrity). The proposed changes will margin of safety. water storage tank] and eliminating the not reduce the integrity of the RCS The addition of a separate, parallel BAST as a suction source, respectively) [reactor coolant system] (reduction of ISFSI and FIT Safeguards Program, and elimination of or change to boric acid concentrations in the SI Training and Qualification Plan, and associated Technical Specifications do systems will not promote any Contingency Plan does not alter or not affect accident initiation. None of degradation of the components that reduce the effectiveness of the the equipment being removed from make up the RCS pressure boundary). previously approved Defueled Program. Sections 3.2 or 3.5 of Technical The proposed changes will not result in The physical protection systems Specifications are accident initiators. a reduction in containment integrity in described in the ISFSI and FIT Programs Thus, the proposed changes will not the event of a postulated accident (the are designed to protect against the loss significantly increase the probability of changes proposed by this amendment of control of the facility that could be an accident previously evaluated. do not change the results of the accident sufficient to cause a radiation exposure Consequences are evaluated in terms analyses with respect to containment exceeding the dose as described in 10 of off-site and on-site (control room response.) CFR 72.106. Therefore, the margin of personnel) dose. Loss of coolant Therefore, the proposed changes will safety will not be reduced as a result of accident (LOCA) dose is unaffected by not involve a significant reduction in the ISFSI and FIT additions to the the proposed changes because the LOCA the margin of safety. Security Plan, or an ISFSI specific analysis input assumptions are not The NRC staff has reviewed the addition of a Guard Training and changed by the changes proposed in this licensee’s analysis and, based on this Qualification Plan or an ISFSI specific amendment request. The approved review, it appears that the three addition of a Safeguards Contingency steam line break (SLB) methodology standards of 10 CFR 50.92(c) are Plan (approved by the NRC in letter dated satisfied. Therefore, the NRC staff The NRC staff has reviewed the January 19, 2000) and the expected dose proposes to determine that the licensee’s analysis and, based on this are unaffected by the proposed change. amendment requests involve no review, it appears that the three Therefore, the proposed changes will significant hazards consideration. standards of 10 CFR 50.92(c) are not involve a significant increase in the Attorney for licensee: Jay Silberg, Esq., satisfied. Therefore, the NRC staff probability or consequences of an Shaw, Pittman, Potts, and Trowbridge, proposes to determine that the accident previously evaluated. 2300 N Street, NW., Washington, DC requested amendment involves no (2) The proposed amendment will not 20037. significant hazards consideration. create the possibility of a new or NRC Section Chief: Claudia M. Craig. Attorney for licensee: Joseph Fay, different kind of accident from any accident previously evaluated. Sacramento Municipal Utility District Esquire, Maine Yankee Atomic Power (SMUD), Docket No. 50–312, Rancho Company, 321 Old Ferry Road, The proposed changes to the plant and its Technical Specifications do not Seco Nuclear Station, Sacramento Wiscasset, Maine 04578. County, California NRC Section Chief: Michael T. introduce any new accident initiators. Masnik. The proposed changes reduce the Date of amendment request: October number of automatic component 23, 2000. Northern States Power Company, actuations needed to support Safety Description of amendment request: Docket Nos. 50–282 and 50–306, Prairie Injection accident mitigation functions. The proposed amendment (PA–194) as Island Nuclear Generating Plant, Units The proposed changes also remove the supplemented by SMUD letter to the 1 and 2, Goodhue County, Minnesota Technical Specification requirements USNRC dated January 11, 2001, would Date of amendment requests: April for the balance of the CVCS change the Permanently Defueled 17, 2000, as supplemented February 2, components. These requirements were Technical Specification (PDTS) by 2001. in Technical Specifications to support deleting the definitions for ‘‘site Description of amendment requests: the boration function of CVCS; however, boundary’’ and ‘‘unrestricted area;’’ The proposed amendments would all boration functions can be met by the revising the definition of the ‘‘site;’’ change the Technical Specifications safety-related SI system. All the other deleting figures D5.1–1, ‘‘Emergency (TSs) for the removal of boric acid functions of the CVCS are either backed Planning Zone,’’ D5.1–2, ‘‘Site storage tanks (BASTs) from the safety up by a safety related system or are not Boundary for Gaseous Effluent,’’ and injection (SI) system. These changes required to preclude an accident D5.1–3, ‘‘Site Boundary for Liquid would accomplish two objectives: (1) (reference NSP [Northern States Power] Effluent;’’ and making editorial changes
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to the other PDTSs because of the above No. As described above, the proposed Steam Line Break or a Steam Generator proposed changes. The information changes are administrative. The safety Tube Rupture. proposed for removal from the PDTS is analysis for the facility remains Basis for proposed no significant contained in or will be relocated to complete and accurate. There are no hazards consideration determination: other licensee-controlled documents. physical changes to the facility and the As required by 10 CFR 50.91(a), the Basis for proposed no significant plant conditions for which the design licensee has provided its analysis of the hazards consideration determination: basis accidents have been evaluated are issue of no significant hazards As required by 10 CFR 50.91(a), the still valid. consideration, which is presented licensee has provided its analysis of the The operating procedures and below: issue of no significant hazards emergency procedures are not affected. 1. Does the change involve a consideration, which is presented The proposed changes do not affect the significant increase in the probability or below: emergency planning zone, the consequences of an accident previously SMUD has reviewed the proposed boundaries used to evaluate compliance evaluated? PDTS change against each of the criteria with liquid or gaseous effluent limits, The proposed changes do not in 10 CFR 50.92 and has concluded that and have no impact on plant operations. significantly increase the probability or the amendment request involves no Consequently, no new failure modes are consequences of an accident previously significant hazards consideration. The introduced as the result of the proposed evaluated in the UFSAR. The following provides SMUD’s analysis of changes. Therefore, the proposed comprehensive engineering review the issue of no significant hazards changes will not create the possibility of included evaluations or re-analysis of consideration: a new or different kind of accident from all accident analyses. Calculations for letdown flow measurement and 1. Does the proposed license any accident previously evaluated. amendment involve a significant indication have verified the 3. Does the proposed license increase in the probability or acceptability of the analyzed letdown amendment involve a significant consequences of an accident previously flow rate. The letdown flow rate does reduction in a margin of safety? evaluated? not initiate any accident; therefore, the No. The proposed changes are No. As described above, the proposed probability of an accident has not been administrative and involve deleting the changes are administrative. There are no increased. All dose consequences have definitions of SITE BOUNDARY and changes to the design or operation of the been analyzed or evaluated with respect UNRESTRICTED AREA from the facility. The proposed changes do not to the proposed changes, and all DEFINITIONS section, revising the affect the emergency planning zone, the acceptance criteria continue to be met. definition of the site in Section 5.1 boundaries used to evaluate compliance Therefore, these changes do not involve ‘‘SITE,’’ deleting all three figures from with liquid or gaseous effluent release a significant increase in the probability the DESIGN FEATURES section [SMUD limits, and have no impact on plant or consequences of an accident proposes, as described in its January 11, operations. Accordingly, neither the previously evaluated. 2001, letter, that these or equivalent design basis nor the accident 2. Does the change create the figures will be relocated to either the assumptions in the Defueled Safety possibility of a new or different kind of Emergency Plan or the Offsite Dose Analysis Report (DSAR), nor the accident from any accident previously Calculation Manual, as appropriate], Technical Specification Bases are analyzed? revising Sections D6.8.3.a(2) and affected. Therefore, the proposed The proposed changes do not create D6.8.3.a(4) so that the term changes do not involve a significant the possibility of a new or different kind ‘‘unrestricted area’’ is lower case, and reduction in a margin of safety. of accident than any accident already revising Sections D6.8.3.a(8), The NRC staff has reviewed the evaluated in the UFSAR. No new D6.8.3.a(9), D6.8.3.a(10), and D6.8.3.b(2) licensee’s analysis and, based on this accident scenarios, failure mechanisms so that the term ‘‘site boundary’’ is review, it appears that the three or limiting single failures are introduced lower case. standards of 10 CFR 50.92(c) are as a result of the proposed changes. The These changes do not affect possible satisfied. Therefore, the NRC staff changes have no adverse effects on any initiating events for accidents proposes to determine that the safety-related system and do not previously evaluated or alter the requested amendment involves no challenge the performance or integrity configuration or operation of the significant hazards consideration. of any safety-related system. Therefore, facility. Safety limits, limiting safety Attorney for licensee: Dana Appling, all accident analyses criteria continue to system settings, and limiting control Esq., Sacramento Municipal Utility be met and these changes do not create systems are no longer applicable to District, P.O. Box 15830, Sacramento, the possibility of a new or different kind Rancho Seco Technical Specifications California 95852–1830. of accident from any accident in the permanently defueled mode, and NRC Section Chief: Michael T. previously evaluated. are therefore not relevant. Masnik. 3. Does the change involve a The proposed changes do not affect significant reduction in a margin of Southern Nuclear Operating Company, the emergency planning zone, the safety? Inc, Docket Nos. 50–348 and 50–364, boundaries used to evaluate compliance The proposed changes do not involve Joseph M. Farley Nuclear Plant, Units 1 with liquid or gaseous effluent limits, a significant reduction in a margin of and 2, Houston County, Alabama and have no impact on plant operations. safety. All analyses and evaluations Therefore, the proposed license Date of amendment request: August using letdown flow rate as an input amendment does not involve a 25, 2000. have been revised to reflect the significant increase in the probability or Description of amendment request: proposed value. The calculations are consequences of an accident previously The proposed amendments would based on FNP instrumentation and test evaluated. revise the Updated Final Safety methods and include uncertainty 2. Does the proposed license Analysis Report (UFSAR) described allowances. The evaluations and amendment create the possibility of a offsite dose analyses based on changes analyses results [a small change] new or different kind of accident from to the letdown flow rate and iodine demonstrate applicable acceptance any accident previously evaluated? spike postulated concurrent with a Main criteria are met. Therefore, the proposed
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changes do not involve a significant obsolete. Removing these conditions process. The NRC staff subsequently reduction in the margin of safety. from the license is an administrative issued a notice of availability of the The NRC staff has reviewed the and editorial activity. Therefore, the models for referencing in license licensee’s analysis and, based on this proposed change does not involve a amendment applications in the Federal review, it appears that the three significant reduction in a margin of Register on October 31, 2000 (65 FR standards of 10 CFR 50.92(c) are safety. 65018). The licensee affirmed the satisfied. Therefore, the NRC staff The NRC staff has reviewed the applicability of the following NSHC proposes to determine that the licensee’s analysis and, based on this determination in its application dated amendment request involves no review, it appears that the three January 18, 2001. significant hazards consideration. standards of 10 CFR 50.92(c) are Basis for proposed no significant Attorney for licensee: M. Stanford satisfied. Therefore, the NRC staff hazards consideration determination: Blanton, Esq., Balch and Bingham, Post proposes to determine that the As required by 10 CFR 50.91(a), an Office Box 306, 1710 Sixth Avenue amendment request involves no analysis of the issue of no significant North, Birmingham, Alabama 35201. significant hazards consideration. hazards consideration is presented NRC Section Chief (Acting): Maitri Attorney for licensee: M. Stanford below: Banerjee. Blanton, Esq., Balch and Bingham, Post Office Box 306, 1710 Sixth Avenue Criterion 1—The Proposed Change Does Southern Nuclear Operating Company, North, Birmingham, Alabama 35201. Not Involve a Significant Increase in the Inc, Docket Nos. 50–348 and 50–364, NRC Section Chief (Acting): M. Probability or Consequences of an Joseph M. Farley Nuclear Plant, Units 1 Banerjee. Accident Previously Evaluated. and 2, Houston County, Alabama The PASS was originally designed to Union Electric Company, Docket No. perform many sampling and analysis Date of amendment request: 50–483, Callaway Plant, Unit 1, functions. These functions were December 8, 2000. Callaway County, Missouri Description of amendment request: designed and intended to be used in The proposed amendments would either Date of application request: January post accident situations and were put delete or modify existing license 18, 2001 (ULNRC–04371). into place as a result of the TMI–2 conditions from the Unit 1 and Unit 2 Description of amendment request: accident. The specific intent of the Operating Licenses, which have been The proposed amendment deletes PASS was to provide a system that has completed or are otherwise no longer in Section 5.5.3, ‘‘Post Accident the capability to obtain and analyze effect. These activities have now been Sampling,’’ from the administrative samples of plant fluids containing completed, and the license conditions controls section of the Technical potentially high levels of radioactivity, are either obsolete or no longer needed. Specifications (TS). The proposed without exceeding plant personnel Basis for proposed no significant amendment deletes requirements from radiation exposure limits. Analytical hazards consideration determination: the TS (and, as applicable, other results of these samples would be used As required by 10 CFR 50.91(a), the elements of the licensing bases) to largely for verification purposes in licensee has provided its analysis of the maintain a Post Accident Sampling aiding the plant staff in assessing the issue of no significant hazards System (PASS). Licensees were extent of core damage and subsequent consideration, which is presented generally required to implement PASS offsite radiological dose projections. The below: upgrades as described in NUREG–0737, system was not intended to and does 1. Does the change involve a ‘‘Clarification of TMI [Three Mile not serve as a function for preventing significant increase in the probability or Island] Action Plan Requirements,’’ and accidents and its elimination would not consequences of an accident previously Regulatory Guide 1.97, affect the probability of accidents evaluated? ‘‘Instrumentation for Light-Water- previously evaluated. The proposed amendment deletes Cooled Nuclear Power Plants to Assess In the 20 years since the TMI–2 license conditions which are completed Plant and Environs Conditions During accident and the consequential or are otherwise obsolete. As such, the and Following an Accident.’’ promulgation of post accident sampling change is strictly administrative. Implementation of these upgrades was requirements, operating experience has Therefore, this change does not involve an outcome of the lessons learned from demonstrated that a PASS provides a significant increase in the probability the accident that occurred at TMI Unit little actual benefit to post accident or consequences of an accident 2. Requirements related to PASS were mitigation. Past experience has previously evaluated. imposed by Order for many facilities indicated that there exists in-plant 2. Does the change create the and were added to or included in the TS instrumentation and methodologies possibility of a new or different kind of for nuclear power reactors currently available in lieu of a PASS for collecting accident from any accident previously licensed to operate. Lessons learned and and assimilating information needed to analyzed? improvements implemented over the assess core damage following an The proposed amendment deals with last 20 years have shown that the accident. Furthermore, the operating license reporting conditions information obtained from PASS can be implementation of Severe Accident and has no effect on the type of readily obtained through other means or Management Guidance (SAMG) accidents that have been considered at is of little use in the assessment and emphasizes accident management Plant Farley. Therefore, this change mitigation of accident conditions. strategies based on in-plant instruments. does not create the possibility of a new The NRC staff issued a notice of These strategies provide guidance to the or different kind of accident from any opportunity for comment in the Federal plant staff for mitigation and recovery accident previously evaluated. Register on August 11, 2000 (65 FR from a severe accident. Based on current 3. Does the change involve a 49271) on possible amendments to severe accident management strategies significant reduction in a margin of eliminate PASS, including a model and guidelines, it is determined that the safety? safety evaluation and model no PASS provides little benefit to the plant The requirements associated with the significant hazards consideration staff in coping with an accident. deleted license conditions have been (NSHC) determination, using the The regulatory requirements for the completed; the conditions are therefore consolidated line item improvement PASS can be eliminated without
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degrading the plant emergency redundant and does not provide quick items are available for public inspection response. The emergency response, in recognition of core events or rapid at the Commission’s Public Document this sense, refers to the methodologies response to events in progress. The Room, located at One White Flint North, used in ascertaining the condition of the intent of the requirements established as 11555 Rockville Pike (first floor), reactor core, mitigating the a result of the TMI–2 accident can be Rockville, Maryland 20852. Publicly consequences of an accident, assessing adequately met without reliance on a available records will be accessible and and projecting offsite releases of PASS. electronically from the ADAMS Public radioactivity, and establishing Therefore, this change does not Library component on the NRC Web protective action recommendations to involve a significant reduction in the site, http://www.nrc.gov (the Electronic be communicated to offsite authorities. margin of safety. Reading Room). The elimination of the PASS will not Based upon the reasoning presented prevent an accident management above and the previous discussion of Calvert Cliffs Nuclear Power Plant, Inc., strategy that meets the initial intent of the amendment request, the requested Docket Nos. 50–317 and 50–318, Calvert the post-TMI–2 accident guidance change does not involve a significant Cliffs Nuclear Power Plant, Unit Nos. 1 through the use of the SAMGs, the hazards consideration. and 2, Calvert County, Maryland emergency plan (EP), the emergency The NRC staff proposes to determine Date of application for amendments: operating procedures (EOP), and site that the amendment request involves no September 14, 2000. survey monitoring that support significant hazards consideration. Brief description of amendments: The modification of emergency plan Attorney for licensee: John O’Neill, amendments add two analytical protective action recommendations Esq., Shaw, Pittman, Potts & methods to the list of approved core (PARs). Trowbridge, 2300 N Street, NW., operating limit analytical methods in Therefore, the elimination of PASS Washington, DC 20037. Technical Specification 5.6.5.b. requirements from Technical NRC Section Chief: Stephen Dembek. Date of issuance: February 8, 2001. Specifications (TS) (and other elements Notice of Issuance of Amendments to Effective date: As of the date of of the licensing bases) does not involve Facility Operating Licenses issuance to be implemented within 30 a significant increase in the days. consequences of any accident During the period since publication of Amendment Nos.: 241 and 215. previously evaluated. the last biweekly notice, the Renewed Facility Operating License Commission has issued the following Nos. DPR–53 and DPR–69: Amendments Criterion 2—The Proposed Change Does amendments. The Commission has revised the Technical Specifications. Not Create the Possibility of a New or determined for each of these Date of initial notice in Federal Different Kind of Accident from any amendments that the application Register: October 18, 2000 (65 FR Previously Evaluated complies with the standards and 62383). The elimination of PASS related requirements of the Atomic Energy Act The Commission’s related evaluation requirements will not result in any of 1954, as amended (the Act), and the of these amendments is contained in a failure mode not previously analyzed. Commission’s rules and regulations. Safety Evaluation dated February 8, The PASS was intended to allow for The Commission has made appropriate 2001. verification of the extent of reactor core findings as required by the Act and the No significant hazards consideration damage and also to provide an input to Commission’s rules and regulations in comments received: No. offsite dose projection calculations. The 10 CFR Chapter I, which are set forth in Consolidated Edison Company of New PASS is not considered an accident the license amendment. York, Docket No. 50–247, Indian Point precursor, nor does its existence or Notice of Consideration of Issuance of Nuclear Generating Unit No. 2, elimination have any adverse impact on Amendment to Facility Operating Westchester County, New York the pre-accident state of the reactor core License, Proposed No Significant or post accident confinement of Hazards Consideration Determination, Date of application for amendment: radionuclides within the containment and Opportunity for A Hearing in November 22, 1999, as supplemented on building. connection with these actions was September 11, 2000. Therefore, this change does not create published in the Federal Register as Brief description of amendment: The the possibility of a new or different kind indicated. amendment revises Technical of accident from any previously Unless otherwise indicated, the Specification Sections 4.5.D, evaluated. Commission has determined that these ‘‘Containment Air Filtration System,’’ amendments satisfy the criteria for 4.5.E, ‘‘Control Room Air Filtration Criterion 3—The Proposed Change Does categorical exclusion in accordance System,’’ 4.5.F, ‘‘Fuel Storage Building Not Involve a Significant Reduction in with 10 CFR 51.22. Therefore, pursuant Air Filtration System,’’ and 4.5.G, ‘‘Post- the Margin of Safety. to 10 CFR 51.22(b), no environmental Accident Containment Venting The elimination of the PASS, in light impact statement or environmental System,’’ to address the testing of existing plant equipment, assessment need be prepared for these requirements in Generic Letter 99–02, instrumentation, procedures, and amendments. If the Commission has ‘‘Laboratory Testing of Nuclear-Grade programs that provide effective prepared an environmental assessment Activated Charcoal.’’ The laboratory mitigation of and recovery from reactor under the special circumstances testing of the engineered safeguards accidents, results in a neutral impact to provision in 10 CFR 51.12(b) and has features ventilation system charcoal the margin of safety. Methodologies that made a determination based on that samples will meet the requirements of are not reliant on PASS are designed to assessment, it is so indicated. the American Society for Testing and provide rapid assessment of current For further details with respect to the Materials Standard D3803–1989. reactor core conditions and the action see (1) the applications for Date of issuance: February 21, 2001. direction of degradation while amendment, (2) the amendment, and (3) Effective date: As of the date of effectively responding to the event in the Commission’s related letter, Safety issuance to be implemented within 30 order to mitigate the consequences of Evaluation and/or Environmental days. the accident. The use of a PASS is Assessment as indicated. All of these Amendment No.: 215.
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Facility Operating License No. DPR– Facility Operating License No. DPR–35: when coolant temperature is above 215 26: Amendment revised the Technical Amendment revised the Technical °F, the reactor is not critical, and Specifications. Specifications. primary containment integrity has not Date of initial notice in Federal Date of initial notice in Federal been established. Register: November 15, 2000 (65 FR Register: April 5, 2000 (65 FR 17913). Date of issuance: February 20, 2001. 69059). The November 21, 2000, letter Effective date: As of the date of The Commission’s related evaluation provided clarifying information that did issuance to be implemented within 30 of the amendment is contained in a not change the initial proposed no days of issuance. Safety Evaluation dated February 21, significant hazards consideration Amendment No.: 170. 2001. determination. The Commission’s Facility Operating License No. DPR–63: No significant hazards consideration related evaluation of the amendment is Amendment revises the Technical comments received: No. contained in a Safety Evaluation dated Specifications. February 13, 2001. Date of initial notice in Federal Energy Northwest, Docket No. 50–397, No significant hazards consideration Register: November 1, 2000 (65 FR Columbia Generating Station, Benton comments received: No. 65344). County, Washington The staff’s related evaluation of the Date of application for amendment: Exelon Generation Company, Docket amendment is contained in a Safety October 30, 2000. Nos. STN 50–454 and STN 50–455, Evaluation dated February 20, 2001. Brief description of amendment: The Byron Station, Unit Nos. 1 and 2, Ogle No significant hazards consideration amendment revises Surveillance County, Illinois; Docket Nos. STN 50– comments received: No. 456 and STN 50–457, Braidwood Requirement 3.6.1.3.8 to allow a Nuclear Management Company, LLC, representative sample of reactor Station, Unit Nos. 1 and 2, Will County, Illinois Docket No. 50–305, Kewaunee Nuclear instrument line excess flow check Power Plant, Kewaunee County, valves (EFCVs) to be tested every 24 Date of application for amendments: Wisconsin months such that each reactor February 15, 2000, as supplemented on instrument EFCV will be tested at least July 26, 2000. The July 26, 2000, letter Date of application for amendment: once every 10 years. The amendment provided clarifying information that did November 10, 2000. Brief description of amendment: The also limits the surveillance requirement not change the scope of the February 15, amendment revised several sections of to only the reactor instrument line 2000, application or the initial proposed the Kewaunee Nuclear Power Plant EFCVs. no significant hazards consideration (KNPP) Technical Specifications (TSs). Date of issuance: February 20, 2001. determination. These sections include administrative Effective date: February 20, 2001, and Brief description of amendments: The changes, Table 4.1–1, and Sections 1.0, shall be implemented within 30 days amendments allow the use of the from the date of issuance. 6.4, and 6.10. Westinghouse core monitoring system Date of issuance: February 12, 2001. Amendment No.: 170. know as Best Estimate Analyzer for Core Effective date: As of the date of Facility Operating License No. NPF–21: Operations Nuclear. issuance and shall be implemented The amendment revised the Technical Date of issuance: February 13, 2001. within 30 days. Specifications. Effective date: February 13, 2001. Amendment No.: 151. Date of initial notice in Federal Amendment Nos.: 116, 116, 110, and Facility Operating License No. DPR–43: Register: November 29, 2000 (65 FR 110. Amendment revised the Technical 71135). Facility Operating License Nos. NPF– Specifications. The Commission’s related evaluation 37, NPF–66, NPF–72 and NPF–77: The Date of initial notice in Federal of the amendment is contained in a amendments revised the Technical Register: December 13, 2000 (65 FR Safety Evaluation dated February 20, Specifications. 77923). 2001. Date of initial notice in Federal The Commission’s related evaluation No significant hazards consideration Register: April 5, 2000 (65 FR 17909). of the amendment is contained in a comments received: No. The Commission’s related evaluation Safety Evaluation dated February 12, of the amendments is contained in a Entergy Nuclear Generation Company, 2001. Safety Evaluation dated February 13, Docket No. 50–293, Pilgrim Nuclear No significant hazards consideration 2001. comments received: No. Power Station, Plymouth County, No significant hazards consideration Massachusetts comments received: No. Portland General Electric Company, et Date of application for amendment: al., Docket No. 50–344, Trojan Nuclear November 22, 1999, as supplemented on Niagara Mohawk Power Corporation, Plant, Columbia County, Oregon Docket No. 50–220, Nine Mile Point November 21, 2000. Date of application for amendment: Brief description of amendment: This Nuclear Station, Unit 1, Oswego County, New York August 5, 1999, as supplemented by amendment approves changes related to letters dated November 23, 1999, Technical Specification (TS) Sections Date of application for amendment: December 27, 1999, May 4, 2000, 3.7.B.1 and 3.7.B.2, ‘‘Containment September 26, 2000. October 19, 2000, and November 22, Systems.’’ TS Section 5.0, Brief description of amendment: The 2000. ‘‘Administrative Controls,’’ was also amendment changes the Technical Brief description of amendment: The modified to reflect the addition of an Specifications to (1) allow reactor vessel amendment revised the Facility omitted page from a previous hydrostatic tests, leakage tests, scram Operating (Possession Only) License to amendment. time tests and excess flow check valve annotate approval of the Trojan Nuclear Date of issuance: February 13, 2001. tests be performed; (2) require Plant License Termination Plan. Effective date: As of the date of containment building integrity be Date of issuance: February 12, 2001. issuance, and shall be implemented maintained; and (3) establish a limit and Effective date: February 12, 2001, and within 60 days. a surveillance requirement on reactor shall be implemented within 30 days of Amendment No.: 187. coolant radioactive iodine activity, the effective date.
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Amendment No.: 206. Mode 3 from Mode 4 during the startup Notice of Issuance of Amendments to Facility Operating License No. NPF–1: from Refuel Outage 11, including the Facility Operating Licenses and Final The amendment changes the Facility revision of the FSAR to reflect the Determination of No Significant Operating (Possession Only) License. ESFAS response times in accordance Hazards Consideration and Date of initial notice in Federal with the application. Opportunity for a Hearing (Exigent Register: December 29, 1999 (64 FR Public Announcement or Emergency Amendment No.: 141. 73083). The November 23, 1999, Circumstances) Facility Operating License No. NPF– December 27, 1999, May 4, 2000, During the period since publication of 30: The amendment revised the October 19, 2000, and November 22, the last biweekly notice, the Technical Specifications. 2000, supplemental letters provided Commission has issued the following additional clarifying information, did Date of initial notice in Federal amendments. The Commission has not expand the scope of the application Register: December 27, 2000 (65 FR determined for each of these as originally noticed, and did not 81931). amendments that the application for the change the staff’s original proposed no amendment complies with the significant hazards consideration The Commission’s related evaluation of the amendment is contained in a standards and requirements of the determination. Atomic Energy Act of 1954, as amended The Commission’s related evaluation Safety Evaluation dated February 12, (the Act), and the Commission’s rules of the amendment is contained in a 2001. and regulations. The Commission has Safety Evaluation dated February 12, No significant hazards consideration made appropriate findings as required 2001. comments received: No. by the Act and the Commission’s rules No significant hazards consideration and regulations in 10 CFR Chapter I, comments received: No. Previously Published Notices of Consideration of Issuance of which are set forth in the license Tennessee Valley Authority, Docket Amendments to Facility Operating amendment. Because of exigent or emergency Nos. 50–327 and 50–328, Sequoyah Licenses, Proposed No Significant Nuclear Plant, Units 1 and 2, Hamilton circumstances associated with the date Hazards Consideration Determination, County, Tennessee the amendment was needed, there was and Opportunity for a Hearing Date of application for amendments: not time for the Commission to publish, August 4, 2000 (TS 99–20). The following notices were previously for public comment before issuance, its Brief description of amendments: published as separate individual usual 30-day Notice of Consideration of Deletes Sequoyah License Condition for notices. The notice content was the Issuance of Amendment, Proposed No Shift Technical Advisor and revises same as above. They were published as Significant Hazards Consideration Technical Specifications (TSs) that individual notices either because time Determination, and Opportunity for a Hearing. specify shift manning requirements. did not allow the Commission to wait Date of issuance: February 16, 2001. For exigent circumstances, the for this biweekly notice or because the Commission has either issued a Federal Effective date: February 16, 2001. action involved exigent circumstances. Amendment Nos.: 266 and 257. Register notice providing opportunity They are repeated here because the for public comment or has used local Facility Operating License Nos. DPR– biweekly notice lists all amendments 77 and DPR–79: Amendments revise the media to provide notice to the public in issued or proposed to be issued Operating Licenses and TSs. the area surrounding a licensee’s facility involving no significant hazards Date of initial notice in Federal of the licensee’s application and of the Register: September 6, 2000 (65 FR consideration. Commission’s proposed determination 54088). For details, see the individual notice of no significant hazards consideration. The Commission’s related evaluation in the Federal Register on the day and The Commission has provided a of the amendment is contained in a page cited. This notice does not extend reasonable opportunity for the public to Safety Evaluation dated February 16, the notice period of the original notice. comment, using its best efforts to make 2001. available to the public means of No significant hazards consideration Nuclear Management Company, LLC, communication for the public to comments received: No. Docket No. 50–263, Monticello Nuclear respond quickly, and in the case of Generating Plant, Wright County, telephone comments, the comments Union Electric Company, Docket No. Minnesota have been recorded or transcribed as 50–483, Callaway Plant, Unit 1, appropriate and the licensee has been Callaway County, Missouri Date of amendment request: February informed of the public comments. Date of application for amendment: 1, 2001. In circumstances where failure to act November 21, 2000 (ULNRC–04346). Brief description of amendment in a timely way would have resulted, for Brief description of amendment: The request: The amendment would remove example, in derating or shutdown of a amendment changes Table 3.3.2–1, the inservice inspection requirements of nuclear power plant or in prevention of ‘‘Engineered Safety Feature Actuation Section XI of the American Society of either resumption of operation or of System [ESFAS] Instrumentation,’’ of Mechanical Engineers Boiler and increase in power output up to the the Technical Specifications. The Pressure Vessel Code from the plant’s licensed power level, the change adds Surveillance Requirement Monticello Technical Specifications and Commission may not have had an (SR) 3.3.2.10 for the following two relocates them to a licensee-controlled opportunity to provide for public ESFAS instrumentation in the table: program. comment on its no significant hazards item 6.f, loss of offsite power, and item consideration determination. In such Date of publication of individual 6.h, auxiliary feedwater pump suction case, the license amendment has been Federal Register: transfer on suction pressure—low. notice in February 15, issued without opportunity for Date of issuance: February 12, 2001. 2001 (66 FR 10535). comment. If there has been some time Effective date: February 12, 2001, and Expiration date of individual notice: for public comment but less than 30 shall be implemented prior to entering March 1, 2001. days, the Commission may provide an
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opportunity for public comment. If Commission’s ‘‘Rules of Practice for hearing. The petitioner must also comments have been requested, it is so Domestic Licensing Proceedings’’ in 10 provide references to those specific stated. In either event, the State has CFR Part 2. Interested persons should sources and documents of which the been consulted by telephone whenever consult a current copy of 10 CFR 2.714 petitioner is aware and on which the possible. which is available at the Commission’s petitioner intends to rely to establish Under its regulations, the Commission Public Document Room, located at One those facts or expert opinion. Petitioner may issue and make an amendment White Flint North, 11555 Rockville Pike must provide sufficient information to immediately effective, notwithstanding (first floor), Rockville, Maryland 20852, show that a genuine dispute exists with the pendency before it of a request for and electronically from the ADAMS the applicant on a material issue of law a hearing from any person, in advance Public Library component on the NRC or fact. Contentions shall be limited to of the holding and completion of any Web site, http://www.nrc.gov (the matters within the scope of the required hearing, where it has Electronic Reading Room). If a request amendment under consideration. The determined that no significant hazards for a hearing or petition for leave to contention must be one which, if consideration is involved. intervene is filed by the above date, the proven, would entitle the petitioner to The Commission has applied the Commission or an Atomic Safety and relief. A petitioner who fails to file such standards of 10 CFR 50.92 and has made Licensing Board, designated by the a supplement which satisfies these a final determination that the Commission or by the Chairman of the requirements with respect to at least one amendment involves no significant Atomic Safety and Licensing Board contention will not be permitted to hazards consideration. The basis for this Panel, will rule on the request and/or participate as a party. determination is contained in the petition; and the Secretary or the Those permitted to intervene become documents related to this action. designated Atomic Safety and Licensing parties to the proceeding, subject to any Accordingly, the amendments have Board will issue a notice of a hearing or limitations in the order granting leave to been issued and made effective as an appropriate order. intervene, and have the opportunity to indicated. As required by 10 CFR 2.714, a participate fully in the conduct of the Unless otherwise indicated, the petition for leave to intervene shall set hearing, including the opportunity to Commission has determined that these forth with particularity the interest of present evidence and cross-examine amendments satisfy the criteria for the petitioner in the proceeding, and witnesses. Since the Commission has categorical exclusion in accordance how that interest may be affected by the made a final determination that the with 10 CFR 51.22. Therefore, pursuant results of the proceeding. The petition amendment involves no significant to 10 CFR 51.22(b), no environmental should specifically explain the reasons hazards consideration, if a hearing is impact statement or environmental why intervention should be permitted requested, it will not stay the assessment need be prepared for these with particular reference to the effectiveness of the amendment. Any amendments. If the Commission has following factors: (1) The nature of the hearing held would take place while the prepared an environmental assessment petitioner’s right under the Act to be amendment is in effect. under the special circumstances made a party to the proceeding; (2) the A request for a hearing or a petition provision in 10 CFR 51.12(b) and has nature and extent of the petitioner’s for leave to intervene must be filed with made a determination based on that property, financial, or other interest in the Secretary of the Commission, U.S. assessment, it is so indicated. the proceeding; and (3) the possible Nuclear Regulatory Commission, For further details with respect to the effect of any order which may be Washington, DC 20555–001, Attention: action see (1) the application for entered in the proceeding on the Rulemakings and Adjudications Staff, or amendment, (2) the amendment to petitioner’s interest. The petition should may be delivered to the Commission’s Facility Operating License, and (3) the also identify the specific aspect(s) of the Public Document Room, located at One Commission’s related letter, Safety subject matter of the proceeding as to White Flint North, 11555 Rockville Pike Evaluation and/or Environmental which petitioner wishes to intervene. (first floor), Rockville, Maryland 20852, Assessment, as indicated. All of these Any person who has filed a petition for by the above date. A copy of the petition items are available for public inspection leave to intervene or who has been should also be sent to the Office of the at the Commission’s Public Document admitted as a party may amend the General Counsel, U.S. Nuclear Room, located at One White Flint North, petition without requesting leave of the Regulatory Commission, Washington, 11555 Rockville Pike (first floor), Board up to 15 days prior to the first DC 20555–001, and to the attorney for Rockville, Maryland 20852, and prehearing conference scheduled in the the licensee. electronically from the ADAMS Public proceeding, but such an amended Nontimely filings of petitions for Library component on the NRC Web petition must satisfy the specificity leave to intervene, amended petitions, site, http://www.nrc.gov (the Electronic requirements described above. supplemental petitions and/or requests Reading Room). Not later than 15 days prior to the first for a hearing will not be entertained The Commission is also offering an prehearing conference scheduled in the absent a determination by the opportunity for a hearing with respect to proceeding, a petitioner shall file a Commission, the presiding officer or the the issuance of the amendment. By supplement to the petition to intervene Atomic Safety and Licensing Board that April 6, 2001, the licensee may file a which must include a list of the the petition and/or request should be request for a hearing with respect to contentions which are sought to be granted based upon a balancing of the issuance of the amendment to the litigated in the matter. Each contention factors specified in 10 CFR subject facility operating license and must consist of a specific statement of 2.714(a)(1)(i)–(v) and 2.714(d). any person whose interest may be the issue of law or fact to be raised or affected by this proceeding and who controverted. In addition, the petitioner AmerGen Energy Company, LLC, Docket wishes to participate as a party in the shall provide a brief explanation of the No. 50–289, Three Mile Island Nuclear proceeding must file a written request bases of the contention and a concise Station, Unit 1, Dauphin County, for a hearing and a petition for leave to statement of the alleged facts or expert Pennsylvania intervene. Requests for a hearing and a opinion which support the contention Date of application for amendment: petition for leave to intervene shall be and on which the petitioner intends to February 14, 2001, as supplemented filed in accordance with the rely in proving the contention at the February 16 and 19, 2001. The February
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16 and 19, 2001, letters provided OFFICE OF PERSONNEL U.S. Office of Personnel Management. additional clarifying information which MANAGEMENT Steven R. Cohen, did not change the initial proposed no Acting Director. significant hazards consideration Proposed Collection; Comment [FR Doc. 01–5517 Filed 3–6–01; 8:45 am] determination or expand the Request for Review of a Revised BILLING CODE 6325–50–U amendment beyond the scope of the Information Collection: RI 94–7 original notice (Harrisburg, PA, Patriot News, February 18–20, 2001). AGENCY: Office of Personnel SECURITIES AND EXCHANGE Brief description of amendment: The Management. COMMISSION amendment allows a one-time exception ACTION: Notice. to the system configuration and [Release No. IC–24881; 812–12266] maintenance requirements in Technical SUMMARY: ING Pilgrim Investments, LLC, et al.; Specification (TS) 3.3.2 related to the In accordance with the Notice of Application nuclear service river water (NR) system Paperwork Reduction Act of 1995 (Public Law 104–13, May 22, 1995), this at TMI–1, in order to allow an up to 14- February 28, 2001. notice announces that the Office of day repair of a leaking underground AGENCY: Securities and Exchange Personnel Management (OPM) intends concrete pipe. The requirements of TS Commission (‘‘Commission’’). 3.3.1.4 to have two NR pumps to submit to the Office of Management and Budget a request for review of a ACTION: Notice of application for an OPERABLE are unchanged. During the order under section 6(c) of the 14-day repair period, the NR pumps revised information collection. RI 94–7, Death Benefit Payment Rollover Investment Company Act of 1940 flow will be realigned to pass through (‘‘Act’’) for an exemption from sections a portion of the nonseismic secondary Election for Federal Employees Retirement System (FERS), provides 18(c) and 18(i) of the Act, under services river water system. sections 6(c) and 23(c)(3) of the Act for FERS surviving spouses and former Date of issuance: February 23, 2001. an exemption from rule 23c-3 under the spouses with the means to elect Effective date: As of the date of Act, and pursuant to section 17(d) of the payment of the FERS rollover-eligible issuance and shall be implemented Act and rule 17d-1 under the Act. within 30 days. benefits directly or to an Individual Amendment No.: 229. Retirement Account. SUMMARY OF APPLICATION: Applicants Facility Operating License No. DPR– Comments are particularly invited on: request on order to permit certain 50. Amendment revised the Technical whether this information is necessary registered closed-end management Specifications. for the proper performance of functions investment companies to issue multiple Public comments requested as to of OPM, and whether it will have classes of shares and to impose asset- proposed no significant hazards practical utility; whether our estimate of based distribution fees and early consideration: Yes. the public burden of this collection of withdrawal charges. The NRC published a public notice of information is accurate, and based on APPLICANTS: Pilgrim Senior Income the proposed amendment, issued a valid assumptions and methodology; Fund (‘‘Fund’’), ING Pilgrim proposed finding of no significant and ways in which we can minimize the Investments, LLC (‘‘Investment hazards consideration and requested burden of the collection of information Adviser’’), and ING Pilgrim Securities, that any comments on the proposed no on those who are to respond, through Inc. (‘‘ING Pilgrim Securities’’). significant hazards consideration be the use of appropriate technological FILING DATES: The application was filed provided to the staff by the close of collection techniques or other forms of on September 25, 2000 and amended on business on February 23, 2001. The information technology. February 28, 2001. notice was published in the Harrisburg, Approximately 700 RI 94–7 forms will HEARING OR NOTIFICATION OF HEARING: An PA, Patriot News, from February 18 be completed annually. We estimate it order granting the application will be through February 20, 2001. takes approximately 60 minutes to issued unless the Commission orders a The Commission’s related evaluation complete the form. The annual hearing. Interested persons may request of the amendment, finding of exigent estimated burden is 700 hours. a hearing by writing to the circumstances, consultation with the For copies of this proposal, contact Commission’s Secretary and serving State of Pennsylvania, and final no applicants with a copy of the request, significant hazards consideration Mary Beth Smith-Toomey on (202) 606– 8358, or E-mail to [email protected] personally or by mail. Hearing requests determination are contained in a Safety should be received by the Commission Evaluation dated February 23, 2001. DATES: Comments on this proposal by 5:30 p.m. on March 26, 2001, and Attorney for licensee: Edward J. should be received on or before May 7, should be accompanied by proof of Cullen, Jr., Esquire, PECO Energy 2001. service on applicants, in the form of an Company, 2301 Market Street (S23–1), affidavit, or for lawyers, a certificate of ADDRESSES: Send or deliver comments Philadelphia, PA 19103. service. Hearing requests should state to: John C. Crawford, Chief, FERS NRC Section Chief: Marsha the nature of the writer’s interest, the Division, Retirement and Insurance Gamberoni. reason for the request, and the issues Service, U.S. Office of Personnel contested. Persons who wish to be Dated at Rockville, Maryland this 27th day Management, 1900 E Street, NW, Room of February 2001. notified of a hearing may request 3313, Washington, DC 20415. For the Nuclear Regulatory Commission. notification by writing to the John A. Zwolinski, FOR INFORMATION REGARDING Commission’s Secretary. Director, Division of Licensing Project ADMINISTRATIVE COORDINATION CONTACT: ADDRESSES: Secretary, Commission, 450 Management, Office of Nuclear Reactor Donna G. Lease, Team Leader, Forms Fifth Street, NW, Washington, DC Regulation. Analysis and Design, Budget and 20549–0609. Applicants, 7337 East [FR Doc. 01–5216 Filed 3–6–01; 8:45 am] Administrative Services Division, (202) Doubletree Ranch Road, Scottsdale, BILLING CODE 7590–01–P 606–0623. Arizona, 85258.
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FOR FURTHER INFORMATION CONTACT: up to 10% of its total assets in cash and particular class of shares will be borne Keith A. Gregory, Attorney-Adviser, at short-term instruments. on a pro rata basis by each outstanding (202) 942–0611, or Janet M. Grossnickle, 3. The Fund intends to continuously share of that class. The Fund may create Branch Chief, at (202) 942–0564 offer its shares to the public at net asset additional classes of shares in the future (Division of Investment Management, value, plus any applicable sales charges. that may have different terms from Class Office of Investment Company The Funds shares will not be offered or A, Class B, Class C and Class Q shares. Regulation). traded in the secondary market and will Applicants state that the Fund will not be listed on any exchange or quoted SUPPLEMENTARY INFORMATION: The comply with the provisions of rule 18f– on any quotation medium. The Fund 3 under the Act as if it were an open- following is a summary of the intends to operate as an ‘‘interval fund’’ application. The complete application end investment company. pursuant to rule 23c-3 under the Act 6. The Fund may waive the EWC for may be obtained for a fee at the and to make quarterly repurchase offers Commission’s Public Reference Branch, certain categories of shareholders or to its shareholders. transactions to be established from time 450 Fifth Street, NW, Washington, DC 4. The Fund seeks the flexibility to be 20549–0101, (202) 942–8090. to time. With respect to any waiver of, structured as a multiple-class fund and scheduled variation in, or elimination of Applicants’ Representations: currently intends to offer four classes of the EWC, the Fund will comply with shares. The Fund will offer Class B 1. The Fund is a closed-end rule 22d–1 under the Act as if the Fund shares at net asset value without a front- were an open-end investment company. management investment company end sales charge, but subject to an early registered under the Act and organized 7. The Fund may offer its withdrawal charge (‘‘EWC’’) on shares shareholders an exchange feature under as a Delaware business trust. The that are repurchased by the Fund within Investment Adviser is registered as an which shareholders of the Fund may, five years of the date of purchase. The during the Fund’s quarterly repurchase investment adviser under the Fund will offer Class C shares at net Investment6 Advisers Act of 1940 and periods, exchange their shares for shares asset value without a front-end sales of the same class of other registered will serve as investment adviser to the charge, but subject to an EWC on shares Fund. ING Pilgrim Securities, a broker- open-end investment companies or that are repurchased by the Fund within registered closed-end investment dealer registered under the Securities one year of the date of purchase. The Exchange Act of 1934, will distribute companies that comply with rule 23c– Fund will also offer Class A and Class 3 under the Act and continuously offer the Fund’s shares. The Investment Q shares at net asset value without a Adviser and ING Pilgrim Securities are their shares at net asset value, and that front-end sales charge, and without a are in the Pilgrim group of investment both indirect, wholly-owned distribution fee or an EWC. Class A subsidiaries of ING Groep N.V. companies. Fund shares so exchanged shares will only be available to investors will count as part of the repurchase offer Applicants request that the order also upon the automatic conversion of Class apply to any other registered closed-end amount as specified in rule 23c–3 under B shares eight years after date of the Act. Any exchange option will management investment company that purchase or through exchange of Class may be organized in the future for comply with rule 11a–3 under the Act A shares of certain other Pilgrim funds. as if the Fund were an open-end which the Investment Adviser, or any Class A, Class B, Class C, and Class Q entity controlling, controlled by, or investment company subject to that shares will be subject to an annual rule. In complying with rule 11a–3, the under common control with the service fee of up to 0.25% of average Investment Adviser acts as principal Fund will treat the EWCs as if they were daily net assets. Class B and Class C a contingent deferred sales charge underwriter or investment adviser and shares will be subject to an annual (‘‘CDSC’’). which operates as an interval fund distribution fee of up to 0.75% of pursuant to rule 23c-3 under the Act.1 average daily net assets. Applicants Applicants’ Legal Analysis 2. The Fund’s investment objective is represent that these service fees and Multiple Classes of Shares to provide a high level of monthly asset-based distribution fees will income. The Fund investment primarily comply with the provision of rule 1. Section 18(c) of the Act provides, in floating rate secured senior loans 2830(d) of the Conduct Rules of the in relevant part, that a closed-end made by commercial banks, investment National Association of Securities investment company may not issue or banks, finance companies and other Dealers, Inc. (‘‘NASD Sales Charge sell any senior security if, immediately lenders only to corporations or other Rule’’). The Fund may in the future offer thereafter, the company has outstanding business entities organized under U.S. additional classes of shares with a front- more than one class of senior security. laws or located in the U.S. (‘‘Senior end sales charge, an EWC, and/or asset- Applicants state that the creation of Loans’’). Under normal circumstances, based service or distribution fees. multiple classes of shares of the Fund at least 80% of the Fund’s total assets Applicants also represent that the Fund may be prohibited by section 18(c). are invested in Senior Loans. The Fund will disclose in its prospectus, the fees, 2. Section 18(i) of the Act provides may also invest up to 20% of its total expenses and other characteristics of that each share of stock issued by a assets in unsecured loans; subordinated each class of shares offered for sale by registered management investment loans; corporate debt securities; equity the prospectus, as is required for open- company will be a voting stock and securities; and loans made to, or debt end multi-class funds under Form N– have equal voting rights with every securities issued by, corporations or 1A. other outstanding voting stock. other business entities organized or 5. All expenses incurred by the Fund Applicants state that multiple classes of located outside the U.S. Under normal will be allocated among the various shares of the Fund may violate section circumstances, the Fund may also invest classes of shares based on the net assets 18(i) of the Act because each class of the Fund attributable to each class, would be entitled to exclusive voting 1 Any registered closed-end management except that the net asset value and rights with respect to matters solely investment company relying on this relief in the expenses of each class will reflect related to that class. future will do so in a manner consistent with the terms and conditions of the application. Applicants distribution fees, service fees, and any 3. Section 6(c) of the Act provides that represent that each entity presently intending to other incremental expenses of that class. the Commission may exempt any rely on the requested relief is listed as an applicant. Expenses of the Fund allocated to a person, security or transaction from any
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provision of the Act, if and to the extent above, section 6(c) provides that the rule 12b–1 under the Act. Applicants that such exemption is necessary or Commission may exempt any person, request an order under section 17(d) and appropriate in the public interest and security or transaction from any rule 17d–1 under the Act to permit the consistent with the protection of provision of the Act, if and to the extent Fund to impose asset-based distribution investors and the purposes fairly that the exemption is necessary or fees. Applicants have agreed to comply intended by the policy and provisions of appropriate in the public interest and with rules 12b–1 and 17d–3 as if those the Act. Applicants request an consistent with the protection of rules applied to closed-end investment exemption under section 6(c) from investors and the purposes fairly companies. sections 18(c) and 18(i) to permit the intended by the policy and provisions of Fund to issue multiple classes of shares. the Act. Applicants request relief under Applicants’ Condition 4. Applicants submit that the sections 6(c) and 23(c) from rule 23c–3 Applicants agree that any order proposed allocation of expenses and to permit them to impose EWCs on granting the requested relief will be voting rights among multiple classes is shares submitted for repurchase that subject to the following condition: equitable and will not discriminate have been held for less than a specified Applicants will comply with the against any group or class of period. provisions of rules 6c–10, 11a–3, 12b– shareholders. Applicants submit that 8. Applicants believe that the 1, 17d–3, 18f–3, and 22d–1 under the the proposed arrangements would requested relief meets the standards of Act, as amended from time to time, as permit the Fund to facilitate the sections 6(c) and 23(c)(3). Rule 6c–10 if those rules applied to closed-end distribution of its securities and provide under the Act permits open-end management investment companies, investors with a broader choice of investment companies to impose and will comply with the NASD Sales shareholder services. Applicants assert CDSCs, subject to certain conditions. Charge Rule, as amended from time to that their proposal does not raise the Applicants state that EWCs are time. concerns underlying section 18 of the functionally similar to CDSCs imposed For the Commission, by the Division of Act to any greater degree than open-end by open-end investment companies Investment Management, pursuant to investment companies’ multiple class under rule 6c–10. Applicants state that delegated authority. structures that are permitted by rule EWCs may be necessary for the Margaret H. McFarland, 18f–3 under the Act. Applicants state Investment Adviser to recover Deputy Secretary. that the Fund will comply with the distribution costs. Applicants will provisions of rule 18f–3 as if it were an comply with rule 6c–10 as if that rule [FR Doc. 01–5538 Filed 3–6–01; 8:45 am] open-end investment company. applied to closed-end investment BILLING CODE 8010–01–M companies. The Fund also will disclose Early Withdrawal Charges EWCs in accordance with the SECURITIES AND EXCHANGE 5. Section 23(c) of the Act provides, requirements of Form N–IA concerning COMMISSION in relevant part, that no registered CDSCs. Applicants further state that the closed-end investment company will Fund will apply the EWC (and any Sunshine Act Meeting, Agency Meeting purchase securities of which it is the waivers or scheduled variations of the issuer, except: (i) On a securities EWC) uniformly to all shareholders in a Notice is hereby given, pursuant to exchange or other open market; (ii) given class and consistently with the the provisions of the Government in the pursuant to tenders, after reasonable requirements of rule 22d–1 under the Sunshine Act, Pub. L. 94–409, that the opportunity to submit tenders given to Act. Securities and Exchange Commission all holders of securities of the class to will hold the following meeting during Asset-Based Distribution Fees be purchased; or (iii) under other the week of March 5, 2001. circumstances as the Commission may 9. Section 17(d) of the Act and rule A closed meeting will be held on permit by rules and regulations or 17d–1 under the Act prohibit an Monday, March 5, 2001, at 2 p.m. orders for the protection of investors. affiliated person of a registered Commissioner Hung, as duty officer, 6. Rule 23c–3 under the Act permits investment company or an affiliated determined that no earlier notice thereof a registered closed-end investment person of such person, acting as was possible. company (an ‘‘interval fund’’) to make principal, from participating in or Commissioners, Counsel to the repurchase offers of between five and effecting any transaction in connection Commissioners, the Secretary to the twenty-five percent of its outstanding with any joint enterprise or joint Commission, and recording secretaries shares at net asset value at periodic arrangement in which the investment will attend the closed meeting. Certain intervals pursuant to a fundamental company participates unless the staff members who have an interest in policy of the interval fund. Rule 23c– Commission issues an order permitting the matters may also be present. 3(b)(1) under the Act provides that an the transaction. In reviewing The General Counsel of the interval fund may deduct from applications submitted under section Commission, or his designee, has repurchase proceeds only a repurchase 17(d) and rule 17d–1, the Commission certified that, in his opinion, one or fee, not to exceed two percent of the considers whether the participation of more of the exemptions set forth in 5 proceeds, that is reasonably intended to the investment company in a joint U.S.C. 552b(c)(4), (8), (9)(A) and (10) compensate the fund for expenses enterprise or joint arrangement is and 17 CFR 200.402(a)(4), (8), (9)(A) and directly related to the repurchase. consistent with the provisions, policies (10), permit consideration of the 7. Section 23(c)(3) provides that the and purposes of the Act, and the extent scheduled matters at the closed meeting. Commission may issue an order that to which the participation is on a basis The subject matter of the closed would permit a closed-end investment different from or less advantageous than meeting will be: Institution of an company to repurchase its shares in that of other participants. administrative proceeding of an circumstances in which the repurchase 10. Rule 17d–3 under the Act enforcement nature. is made in a manner or on a basis that provides an exemption from section At times, changes in Commission does not unfairly discriminate against 17(d) and rule 17d–1 to permit open- priorities require alterations in the any holders of the class or classes of end investment companies to enter into scheduling of meeting items. For further securities to be purchased. As noted distribution arrangements pursuant to information and to ascertain what, if
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any, matters have been added, deleted Rule 19b–4 thereunder,2 notice is ‘‘price matching amount,’’ as defined or postponed, please contact: hereby given that on February 12, 2001, below, will be automatically executed at The Office of the Secretary at (202) the American Stock Exchange LLC (the the current best bid or offer displayed by 942–7070. ‘‘Amex’’ or the ‘‘Exchange’’) filed with the other options exchange. If the Dated: March 2, 2001. the Securities and Exchange Exchange’s best bid or offer is inferior to Jonathan G. Katz, Commission (‘‘SEC’’ or ‘‘Commission’’) the current best bid or offer displayed by Secretary. the proposed rule change as described another options exchange by more than in Items I, II, and III below, which Items [FR Doc. 01–5675 Filed 3–5–01; 12:26 pm] the price matching amount, the order have been prepared by the Exchange. BILLING CODE 8010–01–M will be routed to the specialist and not The Exchange has designed the automatically executed. Only customer proposed rule change as constituting a orders within the order size parameters SECURITIES AND EXCHANGE ‘‘non-controversial’’ rule change under established by the Auto-Ex COMMISSION paragraph (f)(6) of Rule 19b–4 under the Enhancements Committee will be Act,3 which renders the proposal [File No. 500–1] eligible for automatic price matching. A effective upon receipt of this filing by customer order that exceeds the the Commission. On February 27, 2001, In the Matter of Ives Health Co. Inc.; established order size parameter will be the Exchange Commission received Order of Suspension of Trading routed to the specialist and not Amendment No. 1 to the filing.4 automatically executed. March 5, 2001. The Commission is publishing this It appears to the Securities and notice to solicit comments on the (c) Customer orders in those series of Exchange Commission that there is a proposed rule change from interested options that have been specifically lack of current and accurate information persons. designed by the Auto-Ex Enhancements Committee (‘‘automatic price concerning the securities of Ives Health 1. Self-Regulatory Organization’s improvement series’’) will be Company, Inc., an Oklahoma Statement of the Terms of Substance of automatically executed when the corporation, with its principal place of the Proposed Rule Change business in Claremore, Oklahoma. Exchange’s best bid or offer is equal to Questions have been raised about the The Amex proposes to implement the current best bid or offer by the price adequacy and accuracy of publicly price improvement enhancements to the improvement amount, as defined below. disseminated information concerning, Exchange’s Automatic Execution Only customer orders within the order among other things, a product being system. Below is the text of the size parameters established by the Auto- marketed by Ives Health for treatment of proposed rule change. Proposed new Ex Enhancements Committee will be human immunodeficiency virus (HIV). language is in italics. eligible for automatic price The Commission is of the opinion that * * * * * improvement. A customer order that the public interest and the protection of Automatic Execution of Options Orders exceeds the established order size investors require a suspension of trading parameter will be either automatically in the securities of Ives Health. Rule 933 executed at the Exchange’s best bid or Therefore, it is ordered, pursuant to (a)–(b) No change. offer if it is within the Auto-Ex order section 12(k) of the Securities Exchange size parameters, or it will be routed to Act of 1934, that trading in the Commentary the specialist and not automatically securities of Ives Health Company, Inc. .01(a) Orders to buy or sell options executed. is suspended for the period from 9:30 that are multiply traded on one or more (d) Notwithstanding paragraphs (b) a.m. EST, March 5, 2001, through 11:59 options exchanges in addition to the p.m. EST, March 16, 2001. and (c) above, orders for automatic Exchange will not be automatically price matching series or automatic price executed at prices inferior to the current By the Commission. improvement series will be routed to the best bid or offer displayed by any other Margaret H. McFarland, specialist and not automatically options exchange, as such best bids or Deputy Secretary. executed in situations where: (i) the offers are identified by the Exchange’s [FR Doc. 01–5676 Filed 3–5–01; 1:12 pm] current best bid or offer for one of the order routing system. BILLING CODE 8010–01–M (b) Customer orders in those series of series is crossed (e.g., 4.20 bid, 4 asked) options that have been specifically or locked (e.g., 4 bid, 4 asked); (ii) the designated by the Auto-Ex specialist in conjunction with a Floor SECURITIES AND EXCHANGE governor or two Floor Officials COMMISSION Enhancements Committee (‘‘automatic price matching series’’), under determined quotes in such options or [Release No. 34–44013; File No. SR–AMEX– circumstances where the Exchange’s options exchange(s) are not reliable; or 01–05] best bid or offer is inferior to the current (iii) the Exchange is experiencing communications or systems problems, Self-Regulatory Organizations; Notice best bid or offer displayed by another options exchange by no more than the ‘‘fast markets,’’ or delays in the of Filing and Immediate Effectiveness dissemination of quotes by the Options of Proposed Rule Change by the 2 Price Reporting Authority (‘‘OPRA’’). American Stock Exchange LLC 17 CFR 240.19b–4. 3 17 CFR 240.19b(f)(6). Members and member organizations Relating to Price Matching and 4 See letter from Claire McGrath, Vice President will be notified when the Exchange has Improvement Enhancements to Auto- and Special Counsel, Amex to Nancy Sanow, determined that quotes are not reliable Ex Assistant Director, Division of Market Regulation (‘‘Division’’), Commission, dated February 26, 2001 and prior to one or both Auto-Ex February 28, 2001. (‘‘Amendment No. 1’’). In Amendment No. 1, the Enhancements being shut off and Pursuant to Section 19(b)(1) of the Exchange deleted Commentary .01(g) from the customer orders being routed to the 1 proposed rule text, and clarified the circumstances specialist for execution. The specialist Securities Exchange Act of 1934, and under which customer orders would be routed to the specialist instead of being automatically will report the execution or non- 1 15 U.S.C. 78s(b)(1) executed. execution of such orders to the firm that
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originally forwarded the order to Auto- system. Auto-Ex executes, at the Committee will also determine the price Ex.5 displayed bid or offer, customer market matching and price improvement (e) As used in this Commentary, the and marketable limit option orders up to amounts and the order size parameters. term ‘‘price matching amount’’ shall a specified number of contracts routed The Exchange will publish a list of all mean the minimum increment for through the Amex Order File (‘‘AOF’’). eligible options in an Information options of that series established There are, however, some situations in Circular distributed to members. pursuant to Rule 952, or any greater which orders otherwise eligible for a. Automatic Price Matching amount established by the Auto-Ex execution on Auto-Ex are routed to the Enhancements Committee in respect of specialist’s book (known as the Amex The first proposed enhancement will specified automatic price matching Options Display Book (‘‘AODB’’)) for an provide for the matching of the best bid series of options. As used in this execution. These situations occur when or offer displayed by a competing Commentary, the term ‘‘price (i) the best bid or offer is represented by market by allowing customer market improvement amount’’ shall mean the a limit order on the AODB, (ii) the best and marketable limit orders to be minimum increment for options of that bid or offer is locked or crossed, or (iii) automatically executed at that best bid series established pursuant to Rule 952, there is a better bid or offer being or offer provided it is within the or any greater amount established by displayed by a competing market. specified number of trading increments the Auto-Ex Enhancements Committee The Exchange now proposes to or ticks of the Amex’s displayed bid or in respect of specified automatic price enhance its automatic execution system offer, and the order is within the improvement series of options.6 to provide automatic price matching established order size parameters. * * * * * and improvement for certain orders Currently, the trading increment for an executed through Auto-Ex, thus option with a premium equal to or less II. Self-Regulatory Organization’s eliminating the need for these orders to than $3.00 is 5 cents and for an option Statement of the Purpose of, and be routed to the AODB. The first with a premium greater than $3.00, the Statutory Basis for, the Proposed Rule proposed enhancement will provide trading increment is 10 cents. Thus, for Change automatic price matching on Auto-Ex example, if the Amex displayed quote is In its filing with the Commission, the when the best bid or offer for that series 2–2.10, the best bid/offer displayed by Amex included statements concerning being displayed by a competing market a competing market is 2–2.05, the the purpose of and basis for the is within a specified number of trading specified number of ticks is one and the proposed rule change and discussed any increments or ‘‘ticks’’ of the bid or offer order size parameter is five contracts, comments it received on the proposed being displayed by the Amex (i.e., the when an order is received on the Amex rule change. The text of these statements ‘‘price matching amount’’). The second to buy 5 contracts at the market, the may be examined at the places specified proposed enhancement will provide order will be automatically executed at in item IV below. The Amex has automatic price improvement on Auto- the offer price of 2.05. The enhancement prepared summaries, set forth in Ex for orders within the established can be turned on at any level for an sections A, B, and C below, of the most order size parameters when Amex is option, by symbol, class put/call or significant aspects of such statements. displaying the best bid or offer and strike price. If an order is received and specialists and registered options the competing market’s best bid or offer A. Self-Regulatory Organization’s traders wish to improve upon their own was not within the specified number of Statement of the Purpose of, and the bid or offer by a specified number of ticks or the order size is larger than the Statutory Basis for, the Proposed Rule trading increments (i.e., the ‘‘price order size parameters, then the order Change improvement amount’’). would be routed to the AODB for an 1. Purpose A newly created committee, the Auto- execution. Ex Enhancement Committee (the b. Automatic Price Improvement The purpose of the proposed rule ‘‘Committee’’), will review and change is to permit the implementation designate which option classes or series The second enhancement will provide of enhancements to the Exchange’s are eligible for either one or both of the for automatic price improvement Automatic Execution (‘‘Auto-Ex’’) Auto-Ex enhancements upon the request anytime the Amex quote is equal to the of a specialist. The Committee will be best bid/offer and the option series has 5 Proposed subparagraph (d) of Commentary .01 comprised of the Exchange’s four Floor been designated by the Auto-Ex of Amex Rule 933 is reorganized in this order to Enhancement Committee. Through this clarify that orders for automatic price matching Governors and the Chairmen (or their series or automatic price improvement series will designees) of the Specialists enhancement, automatic price be routed to the specialist and will not be Association, the Options Market Makers improvement will be provided based automatically executed if the specialist in Association and the Floor Brokers upon a predefined number of ticks and conjunction with a Floor Governor or two Floor for orders within the established order officials determines that quotes in such options or Association. In determining which options exchange(s) are not reliable and if the option classes or series are eligible for size parameter. For example, if the Exchange is experiencing communications or either one or both of the Auto-Ex Amex displayed quote is the best bid systems problems, ‘‘fast markets,’’ or delays in the enhancements, the Committee may and offer at 2–2.10, the predefined dissemination of quotes by OPRA. Telephone consider such factors as the open number of ticks is one and the order size conversation between Elizabeth King, Associate Director, Nancy Sanow, Assistant Director, and interest in the requested option; the parameter is five when an order is Jennifer Colihan, Special Counsel, Division, average daily volume of the option; received on the Amex to buy 5 contracts Commission, and Claire McGrath, Vice President customer requests; and any other factors at the market, the order will be and Special Counsel, Amex, on February 27, 2001. as the Committee deems appropriate. automatically executed at an improved 6 Proposed subparagraph (e) of Commentary .01 of Amex Rule 933 provides that that Auto-Ex The Committee will also have the ability price of 2.05. If the order size is for a Enhancement Committee shall determine the price to delete options from the list of those number of contracts that exceeds the improvement amounts and order size parameters. eligible for the enhancements upon the order size parameters, such orders will Telephone conversation between Nancy Sanow, request of the specialist using the same be automatically executed at the best Assistant Director and Jenifer Colihan, Special Counsel, Division, Commission, and Claire or similar criteria, including the bid/offer. This enhancement may be McGrath, Vice President and Special Counsel, specialists’ ability to continue offering turned on for any option, by symbol, Amex, on February 27, 2001. either of the enhancements. The class, put/call or strike price.
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Neither enhancement will apply if the C. Self-Regulatory Organization’s Commission notes that it has approved current best bid or offer is locked or Statement on Comments on the similar proposals filed by the Chicago crossed. Further, the enhancements will Proposed Rule Change Received From Board Options Exchange (‘‘CBOE’’) 13 not apply when the specialist in Members, Participants or Others and the Philadelphia Stock Exchange, 14 conjunction with a Floor Governor or Written comments were neither Inc. (‘‘Phlx’’). Approval of this two Floor Officials determines that solicited nor received with respect to proposal on an accelerated basis will quotes in such options or market(s) are the proposed rule change. enable the Amex to compete on an equal deemed not to be reliable. This basis with these other exchanges and III. Date of Effectiveness of the authority would be expected to be thus is consistent with section 6(b)(8) of Proposed Rule Change and Timing for the Act.15 exercised only in circumstances such as Commission Action At any time within 60 days of the communications or systems problems; The proposed rule change has been filing of the proposed rule change, the fast markets; delays in the Commission may summarily abrogate dissemination of quotes because of filed by the Exchange as a ‘‘non- controversial’’ rule change pursuant to such rule change if it appears to the queues on the Option Price Reporting Section 19(b)(3)(A) of the Act 9 and Commission that such action is Authority (‘‘OPRA’’) (in which case the subparagraph (f)(6) of Rule 19b–4 necessary or appropriate in the public Exchange would know that there is a thereunder.10 Because the foregoing interest, for the protection of investors, delay in the dissemination of quotes proposed rule change: (i) Does not or otherwise in furtherance of the Act. from the other exchanges, which would significantly affect the protection of IV. Solicitation of Comments likely render such quotes stale) or if the investors or the public interest; (ii) does Exchange is advised by another not impose any significant burden on Interested persons are invited to exchange that it is experiencing competition; and (iii) by its terms, does submit written data, views and communications or system problems not become operative for 30 days after arguments concerning the foregoing, that would cause its disseminated the date of the filing, or such shorter including whether the proposal is quotes to be unreliable. Also, neither time as the Commission may designate consistent with the Act. Persons making written submissions should file fix enhancement will apply if the Exchange if consistent with the protection of copies thereof with the Secretary, is experiencing communications or investors and the public interest; Securities and Exchange Commission, systems problems; fast markets; or provided that the Exchange has given the Commission written notice of its 450 Fifth Street, NW., Washington, DC delays in the dissemination of quotes by 20549–0609. Copies of the submission, OPRA. intent to file the proposed rule change at least five business days prior to the all subsequent amendments, all written The Exchange believes the filing date of the proposed rule change, statements with respect to the proposed implementation of the proposed price it has become effective pursuant to rule change that are filed with the matching and improvement section 19(b)(3)(A) of the Act and Rule Commission, and all written enhancements will benefit investors by 19b–4(f)(6). communications relating to the providing investors with automatic The Exchange has requested that the proposed rule change between the executions at prices equal to or better Commission accelerate the operative Commission and any person, other than than the current best bid/offer and date of the proposal. In addition, the those that may be withheld from the greatly enhance speed of execution and Exchange provided the Commission public in accordance with the order turn-around times. with written notice of its intent to file provisions of 5 U.S.C. 552, will be the proposed rule change, along with a available for inspection and copying in 2. Basis brief description and text of the the Commission’s Public Reference proposed rule change, more than five Room. Copies of such filing will also be The proposed rule change is available for inspection and copying at consistent with section 6(b) of the Act 7 business days prior to the date of the filing of the proposed rule change. The the principal office of the Amex. All in general and furthers the objectives of Commission finds that it is appropriate submissions should refer to file number section 6(b)(5) 8 in particular in that it is to accelerate the operative date of the SR–Amex–01–05 and should be designed to prevent fraudulent and proposal and designate the proposal to submitted by March 28, 2001. manipulative acts and practices, to become operative today.11 promote just and equitable principles of any manner other than the normal manner set forth The Commission finds good cause for in the exchange’s rules and require the trade, to foster cooperation and accelerating the operative date of the documentation of the reasons for each decision to coordination with persons engaged in proposed rule change.12 The disengage an automated execution system or facilitating transactions in securities, operate it in any manner other than the normal manner.’’ The Order further provides that parties to 9 15 U.S.C. 78s(b)(3)(A). and to remove impediments to and the Order must submit to the Commission staff draft 10 perfect the mechanism of a free and 15 CFR 240.19b–4(f)(6). proposed rule changes that comply with the open market and a national market 11 For purposes only of accelerating the operative requirements set forth above no later than six date of this proposal, the Commission has months from the date of the Order. See Securities system. considered the proposed rule’s impact on Exchange Act Release No. 43268 (September 11, B. Self-Regulatory Organization’s efficiency, competition, and capital formation. 15 2000). U.S.C. 78c(f). 13 See Securities Exchange Act Release Nos. Statement on Burden on Competition 12 The Commission notes that its decision to 43285 (September 12, 2000), 65 FR 56972 accelerate the operative date of this rule change is (September 20, 2000) (approving SR–CBOE–93–22); The Exchange does not believe that not dispositive of whether all aspects of the new 40096 (June 16, 1998), 63 FR 34209 (June 23, 1998) the proposed rule change will impose Commentary comply with the terms and conditions (approving SR–CBOE–98–13); 41821 (September 1, of section IV.h.(i)(bb) of the Order Instituting Public 1999), 64 FR 50313 (September 16, 1999) any burden on competition. Administrative Proceedings Pursuant to section (approving SR–CBOE–99–17); 42167 (November 22, 19(h)(1) of the Securities Exchange Act of 1934, 1999), 64 FR 66954 (November 30, 1999) (approving Making Findings and Imposing Remedial Sanctions SR–CBOE–99–57). (the ‘‘Order’’). The parties to the Order, including 14 See Securities Exchange Act Release No. 43684 the Exchange, are required to ‘‘specify the (December 6, 2000), 65 FR 78238 (December 14, 7 15 U.S.C. 78f(b). circumstances, if any, under which automated 2000) (partially approving SR–Phlx–00–93). 8 15 U.S.C. 78f(b)(5). execution systems can be disengaged or operated in 15 15 U.S.C. 78f(b)(8).
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For the Commission, by the Division of prepared summaries, set forth in floor broker would only be entitled to Market Regulation, pursuant to delegated Sections A, B, and C below, of the most priority to facilitate up to 20% of the 16 authority. significant aspects of such statements. contracts. Margaret H. McFarland, The program also provides that if the Deputy Secretary. A. Self-Regulatory Organization’s Statement of the Purpose of, and facilitation transaction takes place at the [FR Doc. 01–5540 Filed 3–6–01; 8:45 am] Statutory Basis for, the Proposed Rule specialist’s quoted bid or offer, any BILLING CODE 8010–01–M Change participation allocated to the specialist 1. Purpose pursuant to Amex trading floor practices SECURITIES AND EXCHANGE would apply only to the number of The Exchange proposes to extend for COMMISSION contracts remaining after all public an additional 90 days its pilot program customer orders have been filled and [Release No. 34–44019; File No. SR–Amex– relating to member firm facilitation the member firm’s crossing rights have 01–10] cross transactions approved by the been exercised.5 However, in no case Commission on June 2, 2000.3 Revised Self-Regulatory Organizations; Notice could the total number of contracts Commentary .02(d) to Amex Rule 950(d) guaranteed to the member firm and the of Filing and Order Granting establishes a pilot program to allow specialist exceed 40% of the facilitation Accelerated Approval to Proposed facilitation cross transactions in equity transaction. Rule Change by the American Stock options.4 The pilot program entitles a Exchange LLC to Extend for an floor broker, under certain conditions, In the almost nine months since the Additional 90 Days Its Pilot Program to cross a specified percentage of a pilot program began, the Exchange has Relating to Facilitation Cross customer order with a member firm’s found it to be generally successful. The Transactions proprietary account before market Exchange seeks to extend the pilot February 28, 2001. makers in the crowd can participate in program for an additional 90 days, Pursuant to section 19(b)(1) of the the transaction. The provision generally pending consideration of a related Securities Exchange Act of 1934 applies to orders of 400 contracts or proposed rule change it has filed with (‘‘Act’’),1 and Rule 19b–4 thereunder,2 more. However, the Exchange is Commission 6 concerning revisions to notice is hereby given that on February permitted to establish smaller eligible the program that the Amex believes will 27, 2001, the American Stock Exchange order sizes, on a class by class basis, provide further incentive for price LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with provided that the eligible order size is improvement by using different the Securities and Exchange not for fewer than 50 contracts. procedures to determine specialist and Commission (‘‘Commission’’) the Under the current program, when a registered option trader participation. proposed rule change as described in trade takes place at the market provided The related proposal would also make Items I and II below, which Items have by the crowd, all public customer orders the program permanent. been prepared by the Exchange. The on the specialist’s book or represented in the trading crowd at the time the Because the pilot program is due to Commission is publishing this notice to expire on February 27, 2001, the Amex solicit comments on the proposed rule market was established must be satisfied has requested that the Commission change from interested persons. For the first. Following satisfaction of any expedite review of, and grant reasons discussed below, the customer orders on the specialist’s book, Commission is granting accelerated the floor broker is entitled to facilitate accelerated approval to, the proposal to approval of the proposed rule change. up to 20% of the contracts remaining in extend it, pursuant to section 19(b)(2) of the customer order. When a floor broker the Act.7 I. Self-Regulatory Organization’s proposes to execute a facilitation cross 2. Statutory Basis Statement of the Terms of Substance of at a price between the best bid and offer the Proposed Rule Change provided by the crowd in response to The Exchange believes that the The Amex proposes to extend for an his initial request for a market—and the proposed rule change is consistent with additional 90 days its pilot program crowd then wants to take part or all of Section 6(b) of the Act 8 in general and relating to facilitation cross transactions, the order at the improved price—the furthers the objectives of section 6(b)(5) described in detail in Part II.A. below. floor broker is entitled to priority over of the act 9 in particular in that it is the crowd to facilitate up to 40% of the The text of the proposed rule change is designed to prevent fraudulent and contracts. If the floor broker has available at the Office of the Secretary, manipulative acts and practices, to proposed the cross at a price between Amex, and at the Commission. promote just and equitable principles of the best bid and offer provided by he II. Self-Regulatory Organization’s crowd in response to his initial request trade, and is not designed to permit Statement of the Purpose of, and for a market, and the trading crowd unfair discrimination between Statutory Basis for, the Proposed Rule subsequently improves the floor customers, issuers, brokers or dealers. Change broker’s price, and the facilitation cross In its filing with the Commission, the is executed at that improved price, the 5 Amex trading practices provide specialists with Amex included statements concerning a greater than equal participation in trades that take 3 See Securities Exchange Act Release No. 42894 place at a price at which the specialist is on parity the purpose of, and basis for, the with registered options traders in the crowd. These proposed rule change and discussed any (June 2, 2000), 65 FR 36850 (June 12, 2000). The pilot program has since been extended twice. See practices are subject to a separate filing that seeks comments it received on the proposed Securities Exchange Act Release Nos. 43229 to codify specialist allocation practices. See rule change. The text of these statements (August 30, 2000), 65 FR 54572 (September 8, Securities Exchange act Release No. 42964 (June 20, may be examined at the places specified 2000); and 43643 (November 29, 2000), 65 FR 76686 2000), 65 FR 39972 (June 28, 2000). 6 See File No. SR–Amex–00–49, available for in Item III below. The Exchange has (December 7, 2000). 4 Facilitation cross transactions occur when a inspection at the Commission’s Public Reference floor broker representing the order of a public Room. 16 17 CFR 200.30–3(a)(12). customer of a member firm crosses that order with 7 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). a contra side order from the firm’s proprietary 8 15 U.S.C. 78f(b). 2 17 CFR 240.19b-4. account. 9 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization’s on a permanent basis,13 and the in the Federal Register on January 16, Statement on Burden on Competition extension of the pilot program on the 2001.4 The Commission received no The Exchange believes that the Amex—pending review of its related comments on the proposed rule change. proposed rule change will impose no proposal to revise the program and This order approves the proposal. make it permanent—raises no new burden on competition. II. Description of the Proposal regulatory issues for consideration by C. Self-Regulatory Organization’s the Commission. Exchange market makers must be firm Statement on Comments on the The Commission finds good cause, at their quotations for all orders, Proposed Rule Change Received From consistent with sections 6(b) and although they can set different sizes for Members, Participants, or Others 19(b)(2) of the Act, for approving the customer and broker-dealer orders. When the size of a particular quote is No written comments were solicited proposed rule change prior to the exhausted, the Exchange’s trading or received with respect to the proposed thirtieth day after the date of system automatically moves the quote to rule change. publication of the notice of filing thereof in the Federal Register. The proposal an inferior price according to III. Solicitation of Comments will allow the pilot program, otherwise parameters preset by the market maker. Interested persons are invited to due to expire on February 27, 2001, to However, the system moves only the submit written data, views, and remain effective and in place quotation in the options series in which arguments concerning the foregoing, uninterrupted while revisions are being there was a trade, leaving the market including whether the proposed rule considered, and does not raise any new maker exposed to the risk that multiple change is consistent with the Act. regulatory issues. orders may be executed nearly Persons making written submissions It is therefore ordered, pursuant to simultaneously in many series of the should file six copies thereof with the section 19(b)(2) of the Act, that the same option. This situation increases an Secretary, Securities and Exchange proposed rule change be, and hereby is, ISE market maker’s ‘‘delta risk’’ (the Commission, 450 Fifth Street, NW., approved on an accelerated basis as a amount of underlying stock that would Washington, DC 20549–0609. Copies of pilot program through May 28, 2001. be necessary to hedge the options the submission, all subsequent For the Commission, by the Division of position), due to exposure across Market Regulation, pursuant to multiple series. This could result in ISE amendments, all written statements 14 with respect to the proposed rule delegated authority. market makers providing more liquidity change that are filed with the Margaret H. McFarland, than may be available in the underlying stock. Under the ISE’s proposed new Commission, and all written Deputy Secretary. communications relating to the paragraph (h), members shall not cause [FR Doc. 01–5543 Filed 3–6–01; 8:45 am] the entry of more than one order every proposed rule change between the BILLING CODE 8010–01–M Commission and any person, other than fifteen seconds for the account of the those that may be withheld from the same beneficial owner in options on the same underlying security. public in accordance with the SECURITIES AND EXCHANGE The Exchange also proposes to amend provisions of 5 U.S.C. 552, will be COMMISSION available for inspection and copying in paragraph (g) of ISE Rule 717, which [Release No. 34–44017; File No. SR–ISE– currently prohibits an Electronic Access the Commission’s Public Reference 00–20] Room. Copies of the filing will also be Member (‘‘EAM’’) from entering an available for inspection and copying at order for any other member of the Self Regulatory Organizations; Order Exchange. The amendment will limit the principal offices of the Exchange. Approving Proposed Rule Change by All submissions should refer to File No. the scope of ISE Rule 717(g) to only the International Securities Exchange prohibit EAMs from entering orders for SR–Amex–01–10 and should be LLC Relating to Limitations on Orders submitted by March 28, 2001. ISE market maker accounts. February 28, 2001. IV. Commission Findings and Order III. Discussion Granting Accelerated Approval of the I. Introduction The Commission has reviewed the Proposed Rule Change On November 20, 2000, the ISE’s proposed rule change and finds, for the reasons set forth below, that the The Commission finds that the International Securities Exchange LLC proposal is consistent with the proposed rule change is consistent with (‘‘ISE’’ or ‘‘Exchange’’) filed with the requirements of section 6 of the Act 5 the requirements of the Act and the Securities and Exchange Commission and the rules and regulations rules and regulations thereunder (‘‘Commission’’), pursuant to section thereunder applicable to a national applicable to a national securities 19(b)(1) of the Securities Exchange Act 1 securities exchange. exchange.10 In its original approval of of 1934 (‘‘Act’’), and Rule 19b–4 11 thereunder,2 a proposed rule change to The Commission notes that amending the pilot program, the Commission ISE Rule 717 to prohibit members from detailed its reasons for finding its amend ISE Rule 717 relating to 3 causing the entry of more than one order substantive features consistent with the limitations on orders. The proposed rule change was published for comment for the same beneficial account within Act, and, in particular, the requirements a fifteen second period should help of sections 6(b)(5) and 6(b)(8) of the 13 reduce ISE market maker risk exposure. Act.12 The Commission has previously See, e.g., Securities Exchange Act Release Nos. 42835 (May 26, 2000), 65 FR 35683 (June 5, 2000), The Commission believes that fifteen approved rules on other exchanges that and 42848 (May 26, 2000), 65 FR 36206 (June 7, seconds is a sufficient time period to establish substantially similar programs 2000). allow market makers to change their 14 17 CFR 200.30–3(a)(12). quotations following an execution, 10 In approving this proposal, the Commission has 1 15 U.S.C. 78s(b)(1). considered the proposed rule’s impact on 2 17 CFR 240.19b–4. while at the same time not unduly long efficiency, competition, and capital formation. 15 3 The ISE filed its proposed rule change on U.S.C. 78c(f). November 20, 2000. On December 18, 2000, the ISE 4 See Securities Exchange Act Release No. 43803 11 See supra, note 3. filed Amendment No. 1 that entirely replaced the (January 4, 2001), 66 FR 3624 (January 16, 2001). 12 15 U.S.C. 78f(b)(5) and (b)(8). original rule filing. 5 15 U.S.C. 78f.
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as to place a burden on investors SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s seeking to execute transactions on the COMMISSION Statement of the Purpose of, and Exchange. Statutory Basis for, the Proposed Rule The Commission also notes that the [Release No. 34–44018; File No. SR–NYSE– Change amendment to ISE Rule 717(g), which 01–04] 1. Purpose will limit the scope of that rule solely Self-Regulatory Organizations; Notice On July 12, 2000, the Exchange filed to prohibit EAMs from entering orders a proposed rule change seeking to of Filing and Immediate Effectiveness for ISE market maker accounts, extend the effectiveness of the Pilot of Proposed Rule Change by the New recognizes that there are legitimate until September 30, 2003.4 Following reasons why a member may enter orders York Stock Exchange, Inc., to Extend receipt of comments from interested on the Exchange through an EAM. the Pilot Regarding Shareholder parties and the SEC staff, on January 19, These reasons can vary. For example, Approval of Stock Option Plans 2001, the Exchange filed an Amendment some EAMs may desire a temporary Through March 31, 2001 No. 1 to that filing proposing to shorten the three-year extension until means of routing orders to the ISE until February 28, 2001. they are connected directly to the September 30, 2001, and to amend the Exchange. In addition, a few members Pursuant to Section 19(b)(1) of the definition of ‘‘broadly based’’ under the have clearing relationships with EAMs Securities Exchange Act of 1934 Exchange’s rule.5 Prior to the filing of 1 2 and thus route orders through those (‘‘Act’’), and Rule 19b–4 thereunder, Amendment No. 1, the Pilot had been EAMs. notice is hereby given that on February extended to provide the Commission 26, 2001, the New York Stock Exchange, and the Exchange with additional time Therefore, the Commission finds that Inc., (‘‘NYSE’’ or ‘‘Exchange’’) filed with to review and evaluate comment letters the proposed revisions to ISE Rule 717 the Securities and Exchange submitted to the Commission regarding are consistent with section 6(b) of the 6 Commission (‘‘SEC’’ or ‘‘Commission’’) the Extension Proposal. Act 6 in general, and furthers the the proposed rule change as described The Exchange now proposes to objectives of section 6(b)(5) 7 in in Items I, II, and III below, which items further extend the effectiveness of the particular, in that they are designed to have been prepared by the Exchange. Pilot until March 31, 2001 to provide prevent fraudulent and manipulative the Commission and the Exchange with The Commission is publishing this acts and practices, to promote just and additional time to complete the review notice to solicit comments on the equitable principles of trade, to remove and evaluation of the above-referenced proposed rule change from interested impediments to and perfect the comment letters. persons. mechanism for a free and open market 2. Statutory Basis and a national market system, and, in I. Self-Regulatory Organization’s The Exchange believes that the general, to protect investors and the Statement of the Terms of Substance of proposed rule change is consistent with public interest.8 the Proposed Rule Change section 6(b)(5) of the Act,7 which IV. Conclusion The Exchange proposes to extend, requires, among other things, that the until March 31, 2001, the effectiveness rules of an exchange be designed to It is therefore ordered, pursuant to of the amendments to section 312.01, prevent fraudulent and manipulative section 19(b)(2) of the Act,9 that the 312.03 and 312.04 of the Exchange’s acts and practices, to promote just and proposed rule change (SR–ISE–00–20) is Listed Company Manual with respect to equitable principles of trade, to foster approved. the definition of a ‘‘broadly based’’ stock cooperation and coordination with For the Commission, by the Division option plan, which amendments were persons engaged in facilitating transactions in securities, to remove of Market Regulation, pursuant to approved by the Commission on a pilot 10 impediments to and perfect the delegated authority. basis (the ‘‘Pilot’’) on June 4, 1999.3 mechanism of a free and open market Margaret H. McFarland, II. Self-Regulatory Organization’s and a national market system and, in Deputy Secretary. Statement of the Purpose of, and general, to protect investors and the [FR Doc. 01–5541 Filed 3–6–01; 8:45 am] Statutory Basis for, the Proposed Rule public interest. BILLING CODE 8010–01–M Change B. Self-Regulatory Organization’s In its filing with the Commission, the Statement on Burden on Competition Exchange included statements The Exchange does not believe that concerning the purpose of and basis for the proposed rule change will impose the proposed rule change and discussed any comments it received on the 4 Securities Exchange Act Release No. 43111 (August 2, 2000), 65 FR 49046 (August 10, 2000) proposed rule change. The text of these (‘‘Extension Proposal’’). statements may be examined at the 5 See letter from James E. Buck, Senior Vice places specified in Item IV below. The President and Secretary, NYSE, to Nancy J. Sanow, Exchange has prepared summaries, set Assistant Director, Division of Market Regulation, SEC dated January 18, 2001 and accompanying forth in Sections A, B, and C below, of amended Form 19b–4 (‘‘Amendment No. 1’’). the most significant aspects of such 6 See Securities Exchange Act Release No. 43647 6 15 U.S.C. 78f(b). statements. (November 30, 2000), 65 FR 77407 (December 11, 7 15 U.S.C. 78f(b)(5). 2000) (proposal to extend the effectiveness of the pilot through February 28, 2001). See also 8 In approving the proposal, the Commission has 1 Securities Exchange Act Release No. 43329 (October considered the rule’s impact on efficiency, 15 U.S.C. 78s(b)(1). 2, 2000), 65 FR 58833 (October 2, 2000) (proposal competition, and capital formation. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. to extend the effectiveness of the pilot period 9 15 U.S.C. 78s(b)(2). 3 Securities Exchange Act Release No. 41479, 64 through November 30, 2000). 10 17 CFR 200.30–3(a)(12). FR 31667 (June 11, 1999). 7 15 U.S.C. 78f(b)(5).
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any burden on competition that is not Based on these reasons, the SECURITIES AND EXCHANGE necessary or appropriate in furtherance Commission believes that it is COMMISSION of the purposes of the Act. consistent with the protection of [Release No. 34–44026; File No. SR–PCX– C. Self-Regulatory Organization’s investors and the public interest that the 01–03] Statement on Comments on the proposed rule change become operative Proposed Rule Change Received from immediately through March 31, 2001. Self-Regulatory Organizations; Notice Members, Participants or Others At any time within 60 days of the filing of Filing of Proposed Rule Change by of the proposed rule change, the the Pacific Exchange, Inc. and The Exchange has neither solicited Commission may summarily abrogate Amendment No. 1 Thereto To Permit nor received written comments on the an Officer or Director of a Facility of proposed rule change. such rule change if it appears to the Commission that such action is PCX Equities To Serve on the PCX III. Date of Effectiveness of the necessary or appropriate in the public Equities Board of Directors Proposed Rule Change and Timing for interest, for the protection of investors, February 28, 2001. Commission Action or otherwise in furtherance of the Pursuant to section 19(b)(1) of the Because the proposed rule change (1) purposes of the Act. Securities Exchange Act of 1934 does not significantly affect the 1 2 IV. Solicitation of Comments (‘‘Act’’) and Rule 19b–4 thereunder, protection of investors or the public notice is hereby given that on January 9, interest; (2) does not impose any Interested persons are invited to 2001, the Pacific Exchange, Inc. (‘‘PCX’’ significant burden on competition; and submit written data, views and or ‘‘Exchange’’) filed with the Securities (3) does not become operative for 30 arguments concerning the foregoing, and Exchange Commission days from the date of filing, or such including whether the proposal is (‘‘Commission’’ or ‘‘SEC’’) the proposed shorter time as the Commission may rule change as described in Items I, II designate if consistent with the consistent with the Act. Persons making written submissions should file six and III below, which Items have been protection of investors and the public prepared by the PCX. On February 20, copies thereof with the Secretary, interest, the proposed rule change has 2001, PCX filed Amendment No. 1 to Securities and Exchange Commission, become effective pursuant to section the proposal.3 The Commission is 19(b)(3)(A) of the Act8 and Rule 19b– 450 Fifth Street NW., Washington, DC publishing this notice to solicit 4(f)(6)9 thereunder.10 20549–0609. Copies of the submission, comments on the proposed rule change A proposed rule change filed under all subsequent amendments, all written from interested persons, as amended. Rule 19b–4(f)(6)11 normally does not statements with respect to the proposed become operative prior to 30 days after rule change that are filed with the I. Self-Regulatory Organization’s the date of filing. However, pursuant to Commission, and all written Statement of the Terms of Substance of Rule 19b–4(f)(6)(iii),12 the commission communications relating to the the Proposed Rule Change may designate a shorter time if such proposed rule change between the The PCX proposes to amend the action is consistent with the protection Commission and any person, other than Bylaws of its wholly-owned subsidiary, of investors and public interest. The those that may be withheld from the PCX Equities, Inc. (‘‘PCXE’’ or Exchange seeks to have the proposed public in accordance with the ‘‘Corporation’’) to permit an officer or rule change become operative on or provisions of 5 U.S.C. 552, will be director of a facility of PCXE to serve on before February 28, 2001, in order to available for inspection and copying in its Board of Directors. The text of the allow the Pilot to continue in effect on the Commission’s Public Reference amended PCXE Bylaw is as follows: an uninterrupted basis. Proposed additions are italicized. The Commission, consistent with the Room. Copies of such filing will also be protection of investors and the public available for inspection and copying at ARTICLE III the principal office of the NYSE. All interest, has determined to make the Board of Directors proposed rule change operative submissions should refer to File No. immediately through March 31, 2001. SR–NYSE–01–04 and should be Number; Election; Qualification; Term The extension of the Pilot will provide submitted by March 28, 2001. Nomination the Commission with additional time to For the Commission, by the Division of Sec. 3.02. review and evaluate the Extension Market Regulation, pursuant to delegated (a) The Board of Directors shall Proposal. authority.13 consist of not less than ten (10) or more The Commission notes that unless the Margaret H. McFarland, Pilot is extended, the Pilot will expire 1 15 U.S.C. 78s(b)(1). and the provisions of Sections 312.01, Deputy Secretary. 2 17 CFR 240.19b–4. 312.03, and 312.04 of the Exchange’s [FR Doc. 01–5539 Filed 3–6–01; 8:45 am] 3 See letter from Cindy L. Sink, Senior Attorney, Regulatory Policy, PCX, to Marc F. McKayle, Listed Company Manual that were BILLING CODE 8010–01–M Special Counsel, Division of Market Regulation, amended in the Pilot will revert to those Commission, dated February 16, 2001 in effect prior to June 4, 1999. The (‘‘Amendment No. 1’’). In Amendment No. 1, the Commission believes that such a result Exchange amended the filing to indicate its belief could lead to confusion. that the statutory basis for the Commission’s approval of the proposed rule change is section 6(b)(3) of the Act, as opposed to section 6(b)(5). The 8 15 U.S.C. 78s(b)93)(A). Exchange also made clear that the proposed rule 9 17 CFR 240.19b–4(f)(6). change would not alter the present compositional 10 As required under Rule 19b–4(f)(6)(iii), the balance of the PCXE Board of Directors between Exchange provided the Commission with written public directors and directors affiliated with notice of its intent to file the proposed rule change brokers or dealers, and that at least 20% of the at least five business days prior to the filing date PCXE Board of Directors, but no fewer than two, or such shorter time as designated by the will continue to be nominated by the Equity Commission. Trading Permit Holders Nominating Committee 11 17 CFR 240.19b–4(f)(6). whether the size of the Board remains at ten (10) 12 17 CFR 240.19b–4(f)(6)(iii). 13 17 CFR 200.30–3(a)(12). or is expanded to twelve (12).
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than twelve (12) directors, with the The PCX and PCXE have entered into organization consents, the Commission Board of Directors currently various agreements with Archipelago will— contemplated to consist initially of ten Holding, L.L.C. (‘‘Archipelago’’ or (A) by order approve such rule (10) members. The authorized number ‘‘Company’’) under which Archipelago change, or of Directors shall be as determined from Exchange, L.L.C. (‘‘Arca’’), a subsidiary (B) institute proceedings to determine time to time by resolution of the Board of Archipelago Holdings, L.L.C. would whether the proposed rule change of Directors. At least fifty percent (50%) operate Area as a facility of the PCXE.5 should be disapproved. of the Directors will be persons from the PCX, through PCXE, recently proposed IV. Solicitation of Comments public and will not be, or be affiliated to create a new electronic trading with, a broker or dealer in securities. At facility of the PCXE called Archipelago Interested persons are invited to least twenty (20%) of the Directors (but Exchange. The proposed rule change submit written data, views, and no fewer than two (2) Directors) will be would permit an Archipelago member, arguments concerning the foregoing, nominees of the ETP/Equity ASAP officer or director to serve on the Board including whether the proposed rule Nomination Committee, pursuant to of Directors. change is consistent with the Act. Rule 3 of the Corporation. An officer or The proposed Bylaw amendment calls Persons making written submissions director of a facility of the Corporation for a designee of a ‘‘facility of the should file six copies thereof with the may serve on the Board of Directors. Corporation’’ to provide flexibility. Secretary, Securities and Exchange The term of office of a Director shall not Under the proposal, permitting a facility Commission, 450 Fifth Street, NW., be affected by any decrease in the designee to serve on the PCXE Board of Washington DC 20549–0609. Copies of authorized number of Directors. Directors would not decrease the the submission, all subsequent number of public members or number of amendments, all written statements II. Self-Regulatory Organization’s nominees of the ETP/Equity ASAP with respect to the proposed rule Statement of the Purpose of, and Nomination Committee serving on the change that are filed with the Statutory Basis for, the Proposed Rule Board. Commission, and all written Change communications relating to the 2. Statutory Basis In its filing with the Commission, the proposed rule change between the PCX included statements concerning the The Exchange believes that the Commission and any person, other than purpose of, and basis for, the proposed proposed rule change is consistent with those that may be withheld from the rule change and discussed any Section 6(b) of the Act,6 in general, and public in accordance with the comments it received on the proposed furthers the objectives of section provisions of 5 U.S.C. 552, will be rule change. The text of these statements 6(b)(3),7 in particular, in that it is available for inspection and copying in may be examined at the places specified consistent with the fair representation the Commission’s Public Reference in Item IV below. The PCX has prepared principles set forth in the Act.8 Room. Copies of such filing will also be summaries, set forth in sections A, B available for inspection and copying at B. Self-Regulatory Organization’s the principal office of the PCX. All and C below, of the most significant Statement on Competition aspects of such statements. submissions should refer to File No. The Exchange does not believe that SR–PCX–01–03 and should be A. Self-Regulatory Organization’s the proposed rule change will impose submitted by March 28, 2001. Statement of the Purpose of, and any burden on competition that is not For the Commission, by the Division of Statutory Basis for, the Proposed Rule necessary or appropriate in furtherance Market Regulation, pursuant to delegated Change of the purposes of the Act. authority.9 1. Purpose C. Self-Regulatory Organization’s Margaret H. McFarland, Deputy Secretary. Currently, the Board of Directors may Statement on Comments on the [FR Doc. 01–5544 Filed 3–6–01; 8:45 am] consist of not less than (10) or more Proposed Rule Change Received from then twelve (12) directors. Currently the Members, Participants, or Others BILLING CODE 8010–01–M Board of Directors consists of ten (10) Written comments on the proposed members. The authorized number of rule change were neither solicited nor SECURITIES AND EXCHANGE Directors is determined from time to received. COMMISSION time by resolution of the Board of Directors. At least fifty percent (50%) of III. Date of Effectiveness of the [Release No. 34–44021; File No. SR–PHLX– the Directors are persons from the Proposed Rule Change and Timing for 01–14] Commission Action public (i.e., not a broker or dealer in Self-Regulatory Organizations; Notice Within 35 days of the date of securities or affiliate thereof). At least of Filing and Immediate Effectiveness publication of this notice in the Federal twenty (20%) of the Directors (but no of Proposed Rule Change by the Register or within such longer period (i) fewer than two (2) Directors) will be Philadelphia Stock Exchange, Inc. as the Commission may designate up to nominees of the ETP/Equity ASAP Relating to a Rebate for Certain Fees 90 days of such date if it finds such Nomination Committee, pursuant to Incurred in Connection with the 4 longer period to be appropriate and Rule 3 of the Corporation. Exchange’s Payment for Order Flow publishes its reasons for so finding or The Exchange and its wholly-owned Fee Program subsidiary, PCXE, propose to change (ii) as to which the self-regulatory this PCXE Bylaw to permit an officer or Pursuant to section 19(b)(1) of the director of a facility of PCXE 5 See Securities Exchange Act Release No. 43608 Securities Exchange Act of 1934 (November 21, 2000), 65 FR 78822 (December 15, ( ‘‘Act’’ ) 1 and Rule 19b–4 thereunder,2 (Corporation) to serve on the Board of 2000) (Notice of File No. SR–PCX–00–25 proposing Directors of PCXE. to create a new electronic trading facility of the notice is hereby given that on January PCXE called Archipelago Exchange). 4 The proposal will not alter the compositional or 6 15 U.S.C. 78f(b). 9 17 CFR 200.30–3(a)(12). nomination criteria for the PCXE Board of Directors. 7 15 U.S.C. 78f(b)(3). 1 15 U.S.C. 78s(b)(1). See Amendment No. 1, supra note 3. 8 See Amendment No. 1, supra note 3. 2 17 CFR 240.19B–4.
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30, 2001 the Philadelphia Stock a percentage of the unspent funds to the Options. The Phlx believed that it was Exchange, Inc. ( ‘‘Phlx’’ or the payment for order flow invoiced necessary for it to adopt this type of fee ‘‘Exchange’’ ) filed with the Securities amounts,5 (4) rebate checks will be in order to maintain and enhance its and Exchange Commission given to specialists and ROTs competitive position. The purpose of ( ‘‘Commission’’ ) the proposed rule approximately ten days after the the proposed rule change is to provide change as described in Items I, II, and reimbursement cutoff request date (20 a rebate to specialists and ROTs of III below, which Items the Phlx has days after monthly bills are due); and (5) specified funds in connection with the prepared. The Commission is credits will be calculated against any Phlx’s payment for order flow program. publishing this notice to solicit amounts that have been billed, but not Since the implementation of the comments on the proposed rule changes collected. Late charges will continue to payment for order flow fee on August 1, from interested persons. accrue on any amounts that remain 2000, some funds have been billed or outstanding, although based upon a collected but not disbursed to order I. Self-Regulatory Organization’s flow providers. Some order flow Statement of the Terms of Substance of lower ‘‘principal’’ amount after the 6 providers may maintain policies not to the Proposed Rule Changes rebates have been calculated. The Exchange intends to begin accept payment for order flow funds. The Phlx proposes to allow for a implementing this program by The Phlx believes that holding unspent debate of specified funds in connection requesting that reimbursement requests payment for order flow funds is with its payment for order flow for the months of August, September, inefficient and does not serve the best program. and October be received by January 30, interests of the specialists and ROTs. Effective August 1, 2000, the Phlx 2001, with rebates processed ten days The Phlx believes that returning the imposed a marketing fee of $1.00 per thereafter.7 Reimbursement requests for funds to the specialists and ROTs in a 3 contract on transactions by Phlx the month of November should be timely manner may allow them to use specialists and Registered Options received by February 15, 2001, with the funds in a more efficient manner, Traders (ROTs) in the Top 120 Options rebates processed ten days thereafter. such as by increasing liquidity on the 4 on the Phlx. The specialists make all Post-November reimbursement requests trading floor or investing the capital in determinations concerning the amount will be processed according to the their firms. that is paid for orders and which order guidelines stated above. The Phlx believes that its proposal is flow providers receive the payments. consistent with section 6(b) of the Act Some Phlx specialist units have made II. Self-Regulatory Organization’s in general, and furthers the objectives of payments to attract order flow and have Statement of the Purpose of, and sections 6(b)(4) and 6(b)(5) in particular. requested reimbursement for those Statutory Basis for, the Proposed Rule The Phlx believes that, because the expenditures, but other specialist units Change specialists and ROTs will receive a have not participated in the payment for In its filing with the Commission, the rebate of the funds that were billed or order flow program. As a consequence, Phlx included statements concerning collected but remain unspent, the rebate some proceeds raised by the imposition the purpose of and basis for the program will enable an equitable of payment for order flow fees have proposed rule change and discussed any allocation of reasonable fees among the remained unspent. Accordingly, the comments it received on the proposed Phlx’s members. Moreover, the Phlx Phlx is instituting a payment for order rule change. The text of these statements believes that the payment for order flow flow rebate program to handle the may be examined at the places specified rebate program, as described above, unspent funds. in Item IV below. The self-regulatory should promote just and equitable Pursuant to the rebate program, any organization has prepared summaries, principles of trade, remove money that has been billed or collected set forth in sections A, B, and C below, impediments to and perfect the with respect to particular option symbol of the most significant aspects of such mechanism of a free and open market, but has not been spent will be credited statements. and protect investors and the public or returned according to the following interest by allowing a more efficient use A. Self-Regulatory Organization’s guidelines: (1) Within 10 days from the of funds, which may result in increased Statement of the Purpose of, and date monthly bills are due, specialists liquidity, tighter markets, and more Statutory Basis for, the Proposed Rule must submit their requests for competition among Exchange members. reimbursement; (2) the Phlx’s Change accounting department will process the The Phlx’s payment for order flow B. Self-Regulatory Organization’s reimbursement requests and determine program was designed to generate a Statement on Burden on Competition the amount of unspent funds for each source of funds that specialists may use The Phlx does not believe that the month; (3) any unspent refunds will be to attract order flow in the Top 120 proposed rule change will impose any returned to specialists and ROTs on a inappropriate burden on competition. pro rata basis, with rebates calculated as 5 For example, if a total invoiced amount for a Top 120 Option is $200,000 (composed of $120,000 C. Self-Regulatory Organization’s 3 Currently, this fee is not applicable to the received from the specialist; $25,000 received from Statement on Comments on the following transactions: (1) Specialist-to-ROT; (2) ROT #1; and $55,000 received from ROT #2) and Proposed Rule Change Received from ROT-to-ROT; (3) specialist-to-firm; (4) ROT-to-firm; a specialist requests reimbursement in the amount Members, Participants, or Others (5) specialist-to-broker-dealer; and (6) ROT-to- of $75,000, there would be $125,000 in unspent broker-dealer. See Securities Exchange Act Release funds. There would be a rebate of 62.5% ($125,000/ The Phlx did not solicit any written Nos. 41377 (August 18, 2000), 65 FR 51889 (Aug. $200,000) distributed on a pro rata basis. Therefore, comments on the proposed rule change. 25, 2000) (SR–Phlx–00–77); 43480 (Oct. 25, 2000), the specialist would receive $75,000; ROT #1 would The Phlx has received written 65 FR 66275 (Nov. 3, 2000) (SR–Phlx–00–87); and receive $15,625; and ROT #2 would receive 43481 (Oct. 25, 2000), 65 FR 66277 (Nov. 3, 2000) $34,375. comments addressed generally to its (SR–Phlx–00–88, SR–Phlx–00–89). 6 Late charges are assessed pursuant to Phlx Rule payment for order flow program. A 4 A Top 120 Option is defined as one of the 120 50. The Phlx does not waive late fees for past due letter from Merrill G. Davidoff of Berger most actively traded equity options, in terms of amounts even if some portion of the fee is later & Montague, P.C., on behalf of the national trading volume, as reflected by the Options rebated. Clearing Corporation. The Top 120 Options are 7 The Phlx will make pro-rata determinations for Independent Traders Association, Inc. calculated every six months. The proposed fees amounts from August 2000 to October 2000 on a and a letter from S.C. Hamilton stated does not apply to index or currency options. month-by -month basis. that the payment for order flow program
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is in violation of Phlx by-laws. Mr. available for inspection and copying in FOR FURTHER INFORMATION CONTACT: For Davidoff’s letter also expressed concerns the Commission’s Public Reference further information, including a list of over the implementation of the program. Room. Copies of such filings will also be exhibit objects, contact Julianne A letter from Edward Frank of Gateway available for inspection and copying at Simpson, Attorney-Adviser, Office of Partners LLC requested an amendment the principal offices of the Phlx. All the Legal Adviser, U.S. Department of to the program to allow for rebates in submissions should refer to File Nos. State (telephone: 202/619–6529). The certain situations. A letter from the SR–Phlx–01–14 and should be address is U.S. Department of State, SA– Independent Traders Association, Inc., submitted by March 28, 2001. 44, 301 4th Street, SW, Room 700, stated concerns about the payment for For the Commission, by the Division Washington, DC 20547–0001. order flow program and how the Phlx is of Market Regulation, pursuant to Dated: March 1, 2001. implementing the program. A handout 8 delegated authority. Helena Kane Finn, that the Independent Traders Association, Inc., distributed to the Margaret H. McFarland, Acting Assistant Secretary for Educational Board of Governors at its regular board Deputy Secretary. and Cultural Affairs, U.S. Department of State. meeting on January 24, 2001, [FR Doc. 01–5542 Filed 3–6–01; 8:45 am] [FR Doc. 01–5554 Filed 3–6–01; 8:45 am] summarized its concerns and proposed BILLING CODE 8010–01–M changes to the program. Although a BILLING CODE 4710–08–P number of the letters have disagreed with the payment for order flow DEPARTMENT OF STATE program, the Phlx believes that it was DEPARTMENT OF TRANSPORTATION necessary to adopt the program to [Public Notice 3595] remain competitive. None of the letters Federal Motor Carrier Safety addressed the terms of the rebate Culturally Significant Objects Imported Administration program that is the subject of this filing. for Exhibition Determinations: ‘‘A [Docket No. FMCSA–2000–7918] All of the letters are available for Breeze from the Gardens of Persia: inspection at the principal offices of the New Art from Iran’’ Qualification of Drivers; Exemption Phlx and at the Commission. Applications; Vision AGENCY: United States Department of III. Date of Effectiveness of the State. AGENCY: Federal Motor Carrier Safety Proposed Rule Change and Timing for ACTION: Notice. Administration (FMCSA), DOT. Commission Action ACTION: Notice of final disposition. The Phlx has designated the foregoing SUMMARY: Notice is hereby given of the SUMMARY: The FMCSA announces its proposed rule change as a fee change following determinations: Pursuant to the authority vested in me by the Act of decision to exempt 55 individuals from pursuant to section 19(b)(3)(A) of the the vision requirement in 49 CFR Act and Rule 19b–4(f)(2) thereunder. October 19, 1965 [79 Stat. 985, 22 U.S.C. 391.41(b)(10). Accordingly, the proposal has become 2459], the Foreign Affairs Reform and immediately effective upon filing with Restructuring Act of 1998 [112 Stat. DATES: Effective March 7, 2001. the Commission. At any time within 60 2681 et seq.], Delegation of Authority FOR FURTHER INFORMATION CONTACT: For days of the filing of the proposed rule No. 234 of October 1, 1999 [64 FR information about the vision change, the Commission may summarily 56014], and Delegation of Authority No. exemptions in this notice, Ms. Sandra abrogate the rule change if it appears to 236 of October 19, 1999 [64 FR 57920], Zywokarte, Office of Bus and Truck the Commission that such action is as amended, I hereby determine that the Standards and Operations, (202) 366– necessary or appropriate in the public objects to be included in the exhibit, ‘‘A 2987; for information about legal issues interest, for the protection of investors, Breeze from the Gardens of Persia: New related to this notice, Ms. Elaine Walls, or otherwise in furtherance of the Art from Iran,’’ imported from abroad Office of the Chief Counsel, (202) 366– purposes of the Act. for the temporary exhibition without 1394; FMCSA, Department of profit within the United States, are of Transportation, 400 Seventh Street, IV. Solicitation of Comments cultural significance. These objects will SW., Washington, DC 20590. Office The Commission invites interested be imported pursuant to loan hours are from 7:45 a.m. to 4:15 p.m., persons to submit written data, views, agreements with foreign lenders. I also e.t., Monday through Friday, except and arguments concerning the determine that the temporary exhibition Federal holidays. foregoing, including whether the or display of the exhibit objects at the SUPPLEMENTARY INFORMATION: proposed rule change is consistent with Meridian International Center, the Act. Persons making written Washington, DC, from on or about April Electronic Access submissions should file six copies 26, 2001, to on or about July 14, 2001; You may see all the comments online thereof with the Secretary, Securities Queens Library Gallery, Jamaica, NY, through the Document Management and Exchange Commission, 450 Fifth from on or about September 7, 2001, to System (DMS) at: http://dmses.dot.gov. Street, NW., Washington, DC 20549– on or about November 9, 2001; 0609. Copies of the submissions, all ArtCentre of Plano, Plano, TX, from on Background subsequent amendments, all written or about November 19, 2001, to on or Sixty-five individuals petitioned the statements with respect to the proposed about January 11, 2002, and at other Federal Motor Carrier Safety rule change that are filed with the U.S. venues yet to be determined, is in Administration (FMCSA) for an Commission, and all written the national interest. The exhibition is exemption from the vision requirement communications relating to the expected to end by August 31, 2003. in 49 CFR 391.41(b)(10), which applies proposed rule changes between the Public Notice of these determinations is to drivers of commercial motor vehicles commission and any person, other than ordered to be published in the Federal (CMVs) in interstate commerce. They those that may be withheld from the Register. are: Henry Ammons Jr., Wayne A. public in accordance with the Anderson, Glenn A. Babcock Jr., Bobby provisions of 5 U.S.C. 552, will be 8 17 CFR 200.30–3(a)(12). J. Beall, Robert D. Bonner, James F.
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Bower, Ben T. Brown, Terry L. Burgess, December 11, 2000, Mr. Mazyck was Commercial Drivers,’’ October 16, 1998, William A. Burgoyne, David S. Carman, notified of his denial. filed in the docket, FHWA–98–4334.) Dennis J. Christensen, David L. Davis, In the case of applicant Wayne A. The panel’s conclusion supports the Darrell B. Dean, Don W. Dotson, Anderson, the FMCSA has denied Mr. FMCSA’s (and previously the FHWA’s) Terrance D. Faust, Edgar E. French, Glen Anderson’s request for an exemption view that the present standard is T. Garrabrant, Doyle G. Gibson, Elias from the vision requirements because reasonable and necessary as a general Gomez Jr., Jose E. Gonzalez, Anthony the medical reciprocity agreement standard to ensure highway safety. The Grant, Joseph M. Graveline, Johnny C. between the United States and Canada FMCSA also recognizes that some Hall, William N. Hicks, Robert K. does not permit drivers who do not drivers do not meet the vision standard, Hodge, William G. Holland, John R. meet the medical provisions in the but have adapted their driving to Hughes, Frank Inigarida, Alan L. National Safety Code of Canada to drive accommodate their vision limitation Johnston, David O. Kaiser Sr., Milena CMVs in the United States, even if they and demonstrated their ability to drive Kekerovic, Mark J. Koscinski, John N. have a waiver issued by one of the safely. Lanning, Robert C. Leathers, Richard L. Canadian provinces or territories. For Fifty-five of the 65 applicants fall into Leonard, Calvin E. Lloyd, Roy E. additional information on the medical this category. They are unable to meet Mathews, Jason B. Mazyck, William F. reciprocity agreement between the the vision standard in one eye for McCandless Jr., James T. McGraw Jr., United States and Canada, see docket, various reasons, including amblyopia, Luther A. McKinney, Jose L. Melendez, FMCSA–2000–7918. The purpose of corneal and macular scars, and loss of Carl A. Michel Sr., Clarence M. Miles publishing their denials here is simply an eye due to trauma. In most cases, Jr., Robert A. Moss, Robert A. Murphy, to comply with 49 U.S.C. 31315(b)(4)(c), their eye conditions were not recently Dennis I. Nelson, Martin D. Ortiz, John by periodically publishing in the developed. All but 15 of the 55 J. Partenio, Henry C. Patton, Rance A. Federal Register the names of persons applicants were either born with their Powell, John W. Purcell, Shannon E. denied exemptions and the reasons for vision impairments or have had them Rasmussen, Merlyn L. Rawson, Thomas such denials. since childhood. The 15 individuals G. Raymond, James R. Rieck, Daniel J. The FMCSA has not made a decision who sustained their vision conditions as Schaap, Dennis J. Smith, Garfield A. on eight applicants (William A. adults have had them for periods Smith, Gary L. Spelce, Frederick E. St. Burgoyne, Don W. Dotson, Terrance D. ranging from 6 to 30 years. John, Daniel R. Viscaya, Michael P. Faust, Anthony Grant, William F. Although each applicant has one eye Walsh, Jerry L. Whitefield, and Robert E. McCandless, Jr., Jose L. Melendez, John which does not meet the vision standard Wientjes. J. Partenio, and Thomas G. Raymond). in 49 CFR 391.41(b)(10), each has at Under 49 U.S.C. 31315 and 31136(e), Subsequent to the publication of the least 20/40 corrected vision in the other the FMCSA may grant an exemption for notice of application, the agency eye and, in a doctor’s opinion, has a renewable 2-year period if it finds received additional information from its sufficient vision to perform all the tasks ‘‘such exemption would likely achieve a ongoing checks of these applicants’ necessary to operate a CMV. The level of safety that is equivalent to, or motor vehicle records, and we are doctors’ opinions are supported by the greater than, the level that would be evaluating that information. A decision applicants’ possession of valid achieved absent such exemption.’’ on these eight petitions will be made in commercial driver’s licenses (CDLs) or Accordingly, the FMCSA has evaluated the future. non-CDLs to operate CMVs. Before the 65 petitions on their merits and issuing CDLs, States subject drivers to Vision and Driving Experience of the made a determination to grant the knowledge and performance tests Applicants exemption requests in 55 of them. On designed to evaluate their qualifications November 3, 2000, the agency published The vision requirement provides: to operate a CMV. All these applicants notice of its receipt of applications from A person is physically qualified to satisfied the testing standards for their these 65 individuals, and requested drive a commercial motor vehicle if that State of residence. By meeting State comments from the public (65 FR person has distant visual acuity of at licensing requirements, the applicants 66286). After the agency published its least 20/40 (Snellen) in each eye demonstrated their ability to operate a notice of receipt of application, Mr. without corrective lenses or visual commercial vehicle, with their limited Mazyck indicated in a conversation acuity separately corrected to 20/40 vision, to the satisfaction of the State. with a member of our staff on November (Snellen) or better with corrective The Federal interstate qualification 30, 2000, that he had driven a CMV only lenses, distant binocular acuity of at standards, however, require more. part of the required 3-year period. The least 20/40 (Snellen) in both eyes with While possessing a valid CDL or non- comment period closed on December 4, or without corrective lenses, field of CDL, these 55 drivers have been 2000. Two comments were received, vision of at least 70° in the horizontal authorized to drive a CMV in intrastate and their contents were carefully meridian in each eye, and the ability to commerce, even though their vision considered by the FMCSA in reaching recognize the colors of traffic signals disqualifies them from driving in the final decision to grant the petitions. and devices showing standard red, interstate commerce. They have driven In the case of applicant Jason B. green, and amber. 49 CFR 391.41(b)(10) CMVs with their limited vision for Mazyck, the FMCSA has denied Mr. Since 1992, the Federal Highway careers ranging from 3 to 46 years. In the Mazyck’s request for an exemption from Administration (FHWA) has undertaken past 3 years, the 55 drivers had 9 the vision requirements of 49 CFR studies to determine if this vision convictions for traffic violations among 391.41(b)(10) because he operated a standard should be amended. The final them. Six of these convictions were for CMV for only 281⁄2 months of the 3-year report from our medical panel speeding. The other convictions review period preceding the date of his recommends changing the field of consisted of: ‘‘Failure to obey application. Thus, we are unable to vision standard from 70° to 120°, while directional signal,’’ ‘‘Failure to yield conclude that granting him an leaving the visual acuity standard right-of-way,’’ and ‘‘Failure to obey a exemption is likely to achieve a level of unchanged. (See Frank C. Berson, M.D., sign/traffic control device.’’ Five drivers safety equal to that existing without the Mark C. Kuperwaser, M.D., Lloyd Paul were involved in accidents in their exemption, as required by 49 U.S.C. Aiello, M.D., and James W. Rosenberg, CMVs, but did not receive a citation. 31315 and 31136(e). By letter dated M.D., ‘‘Visual Requirements and One driver was suspended for failure to
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maintain required liability insurance, of all CMV drivers collectively. (See 61 commerce. Intrastate driving, like but the State set aside (canceled) the FR 13338, 13345, March 26, 1996.) The interstate operations, involves action after his insurance company sent fact that experienced monocular drivers substantial driving on highways on the proof that he had maintained his with good driving records in the waiver interstate system and on other roads insurance. program demonstrated their ability to built to interstate standards. Moreover, The qualifications, experience, and drive safely supports a conclusion that driving in congested urban areas medical condition of each applicant other monocular drivers, meeting the exposes the driver to more pedestrian were stated and discussed in detail in a same qualifying conditions as those and vehicular traffic than exists on November 3, 2000, notice (65 FR 66286). required by the waiver program, are also interstate highways. Faster reaction to Except for one applicant (Jason B. likely to have adapted to their vision traffic and traffic signals is generally Mazyck), the docket comments did not deficiency and will continue to operate required because distances are more focus on the specific merits or safely. compact than on highways. These qualifications of any applicant; The first major research correlating conditions tax visual capacity and therefore, we have not repeated the past and future performance was done driver response just as intensely as individual profiles here. The in England by Greenwood and Yule in interstate driving conditions. The qualifications of Mr. Mazyck are further 1920. Subsequent studies, building on veteran drivers in this proceeding have examined below in the discussion of that model, concluded that accident operated CMVs safely under those comments. Our summary analysis of the rates for the same individual exposed to conditions for at least 3 years, most for applicants as a group, excluding Mr. certain risks for two different time much longer. Their experience and Mazyck, is supported by the information periods vary only slightly. (See Bates driving records lead us to believe that published at 65 FR 66286. and Neyman, University of California each applicant is capable of operating in Publications in Statistics, April 1952.) Basis for Exemption Determination interstate commerce as safely as he or Other studies demonstrated theories of she has been performing in intrastate Under 49 U.S.C. 31315 and 31136(e), predicting accident proneness from commerce. Consequently, the FMCSA the FMCSA may grant an exemption accident history coupled with other from the vision standard in 49 CFR factors. These factors—such as age, sex, finds that exempting 55 applicants from 391.41(b)(10) if the exemption is likely geographic location, mileage driven and the vision standard in 49 CFR to achieve an equivalent or greater level conviction history—are used every day 391.41(b)(10) is likely to achieve a level of safety than would be achieved by insurance companies and motor of safety equal to that existing without without the exemption. Without the vehicle bureaus to predict the the exemption. For this reason, the exemption, applicants will continue to probability of an individual agency will grant the exemptions for the be restricted to intrastate driving. With experiencing future accidents. (See 2-year period allowed by 49 U.S.C. the exemption, applicants can drive in Weber, Donald C., ‘‘Accident Rate 31315 and 31136(e). interstate commerce. Thus, our analysis Potential: An Application of Multiple We recognize that the vision of an focuses on whether an equal or greater Regression Analysis of a Poisson applicant may change and affect his/her level of safety is likely to be achieved by Process,’’ Journal of American Statistical ability to operate a commercial vehicle permitting these drivers to drive in Association, June 1971.) A 1964 as safely as in the past. As a condition interstate commerce as opposed to California Driver Record Study prepared for the exemption, therefore, the restricting them to driving in intrastate by the California Department of Motor FMCSA will impose requirements on commerce. Vehicles concluded that the best overall the 55 individuals consistent with the To evaluate the effect of these accident predictor for both concurrent grandfathering provisions applied to exemptions on safety, the FMCSA and nonconcurrent events is the number drivers who participated in the agency’s considered not only the medical reports of single convictions. This study used 3 vision waiver program. about the applicants’ vision, but also consecutive years of data, comparing the Those requirements are found at 49 their driving records and experience experiences of drivers in the first 2 years with the vision deficiency. To be with their experiences in the final year. CFR 391.64(b) and include the considered for an exemption from the Applying principles from these following: (1) That each individual be vision standard, the FMCSA requires a studies to the past 3-year record of the physically examined every year (a) by person to present verifiable evidence 55 applicants receiving an exemption, an ophthalmologist or optometrist who that he or she has driven a commercial we note that cumulatively the attests that the vision in the better eye vehicle safely with the vision deficiency applicants have had only 6 accidents continues to meet the standard in 49 for 3 years. Recent driving performance and 9 traffic violations in the last 3 CFR 391.41(b)(10), and (b) by a medical is especially important in evaluating years. None of the accidents resulted in examiner who attests that the individual future safety, according to several the issuance of a citation against the is otherwise physically qualified under research studies designed to correlate applicant. The applicants achieved this 49 CFR 391.41; (2) that each individual past and future driving performance. record of safety while driving with their provide a copy of the ophthalmologist’s Results of these studies support the vision impairment, demonstrating the or optometrist’s report to the medical principle that the best predictor of likelihood that they have adapted their examiner at the time of the annual future performance by a driver is his/her driving skills to accommodate their medical examination; and (3) that each past record of accidents and traffic condition. As the applicants’ ample individual provide a copy of the annual violations. Copies of the studies have driving histories with their vision medical certification to the employer for been added to the docket. (FHWA–98– deficiencies are good predictors of retention in the driver’s qualification 3637) future performance, the FMCSA file, or keep a copy in his/her driver’s We believe we can properly apply the concludes their ability to drive safely qualification file if he/she is self- principle to monocular drivers, because can be projected into the future. employed. The driver must also have a data from the vision waiver program We believe 55 of the 65 applicants’ copy of the certification when driving, clearly demonstrate the driving intrastate driving experience provides for presentation to a duly authorized performance of experienced monocular an adequate basis for predicting their Federal, State, or local enforcement drivers in the program is better than that ability to drive safely in interstate official.
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Discussion of Comments a recent Supreme Court decision affects public roads during the 3-year period as the legal validity of vision exemptions. an aspect of employment. The FMCSA received two comments The issues raised by the AHAS were In the earlier notice (65 FR 57233), the in this proceeding. The comments were addressed at length in 64 FR 51568 FMCSA pointed out that a 3-year considered and are discussed below. (September 23, 1999), 64 FR 66962 screening period for driving records was Mr. Eugene Scalia, Esq., of Gibson, (November 30, 1999), 64 FR 69586 sufficient to insure an acceptable level Dunn & Crutcher LLP, submitted a (December 13, 1999), 65 FR 159 (January of safety. In John C. Anderson v. Federal comment on behalf of United Parcel 3, 2000), and 65 FR 57230 (September Highway Administration, No. 98–3739 Service, Inc. (UPS), regarding the 21, 2000). We will not address these (8th Cir. May 1, 2000), the United States application of Mr. Jason B. Mazyck. Mr. points again here, but refer interested Court of Appeals for the Eighth Circuit Scalia stated that: (1) Mr. Mazyck does parties to those earlier discussions. recently affirmed the agency’s 3-year not meet the three-year requirement However, the AHAS has raised some requirement of driving with a vision required to qualify for a vision new issues, and these are addressed in impairment before being eligible for an exemption, since he drove only two the following discussion. exemption. This screening period was years and four months during the three- The AHAS stated that the FMCSA used in the Vision Waiver Program year period preceding his date of should consider imposing a sliding which was shown to have a level of application; (2) Mr. Mazyck had not scale standard for drivers with little safety that was better than the national driven for a three-week period during driving experience, holding applicants norm. Moreover, as the AHAS has the two years and four months he was with relatively low accumulations of pointed out, not all States maintain driving for the company, and he often mileage and years of experience to a records for more than 3 years. Thus, worked substantially fewer than 40 higher safety standard during the three- requiring some drivers to submit 3-year hours a week; and (3) Mr. Mazyck’s year review period. The AHAS based records and others to submit one for representation that he had been driving this view on two factors: (1) Exposure is longer periods would impose a straight truck for approximately four frequently used as a means of requirements that are clearly arbitrary years was derived from his occasional determining safety, as when the FMCSA and capricious. The AHAS objects to the FMCSA’s driving as a substitute driver prior to the uses the fatality rate as a measure of past practice of making preliminary date he became a package car driver. safety progress in truck-related crashes; determinations to grant vision The comment from UPS provided no and (2) greater driving experience exemptions prior to the issuance of new information bearing on the decision would mean the drivers have had more notice and receipt of comments, while to deny Mr. Mazyck’s application. Mr. time to adjust to driving with their Mazyck himself had previously reported expressing hopefulness that the agency’s vision deficiencies. current notice announcing the receipt of to the FMCSA, on November 30, 2000, The AHAS uses this same line of applications for a vision exemption, that he had not driven the full three- reasoning to argue that there should be signals a change in agency procedure year period; and the FMCSA has a minimum mileage requirement. This indicative of ‘‘a new spirit of objective decided to deny his application because issue was addressed in a previous notice evaluation.’’ he does not have sufficient driving (65 FR 57233, September 21, 2000), We believe, as previously stated at 64 experience over the past three years where the FMCSA stated, ‘‘Defining a FR 51568 and 64 FR 66962, that the under normal highway operating required minimum mileage for agency’s preliminary determinations to conditions that would serve as an application would enact a spurious grant vision exemptions are analogous adequate predictor of future safe screening standard.’’ This statement is to a notice of proposed rulemaking, performance. The number of hours he based on data taken from the Vision where the agency evaluates the basis for drove per week was not an issue, but to Waiver Program which was shown to new or amended regulation and then set the record straight, Mr. Mazyck had have an acceptable level of safety. proposes the new rule. Whether the submitted a letter from UPS with his There, the annual mileage ranged from FMCSA issues a preliminary application, stating, ‘‘Our records as little as 1,000 miles to a maximum of determination or notice of application, a indicate that you averaged 44.40 hours 160,000, with 25 percent of the waiver final determination to grant an per week operating commercial vehicles holders driving less than 17,000 miles exemption is made following careful with a gross vehicle weight rating per year. consideration of all available (GVWR) over 10,001 pounds, on public The agency also indicated that the information, and only after notice and roads.’’ accident rate (the number of accidents comment. Our preliminary The Advocates for Highway and Auto per some convenient unit of miles determinations are not ‘‘based entirely Safety (AHAS) expresses continued driven; for example, per one million on self-reported information,’’ as opposition to the FMCSA’s policy to miles) of an exempted group is the basis asserted by the AHAS. As previously grant exemptions from the Federal for determining the safety level of a stated at 65 FR 57234, the information Motor Carrier Safety Regulations program. Miles driven are an integral used to determine an applicant’s (FMCSRs), including the driver part of the safety determination, but not acceptability for an exemption is qualification standards. Specifically, the the only part. Miles driven are included verified by sources other than the AHAS: (1) Objects to the manner of with the number of accidents in a applicant. The 3 years of recent presentation of exemption application statistical model (Poisson regression) to experience prior to application and type information and safety analyses, (2) develop an accident rate. Such a of vehicle driven are verified by the objects to the agency’s reliance on framework does not require a minimum applicant’s employer(s). The visual conclusions drawn from the vision amount of mileage for the determination capacity of applicants is verified by his/ waiver program, (3) raises procedural of safety, nor does it suggest that there her ophthalmologist or optometrist. The objections to past proceedings, (4) should be a minimum number of miles applicant’s most recent 3-year driving claims the agency has misinterpreted that could arbitrarily be used for record is verified through the statutory language on the granting of screening purposes. Rather, the agency’s Commercial Driver License Information exemptions (49 U.S.C. 31315 and screening criteria require that there is a System (CDLIS). The CDLIS is checked 31136(e)), and finally, (5) suggests that consistent and ongoing exposure to at the time of initial application and
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then periodically throughout the C. Patton, Rance A. Powell, John W. ACTION: Notice. application process. When the agency Purcell, Shannon E. Rasmussen, Merlyn receives additional information from its L. Rawson, James R. Rieck, Daniel J. SUMMARY: The United States Department ongoing checks of applicants’ motor Schaap, Dennis J. Smith, Garfield A. of the Treasury is publishing policy vehicle records, this information is Smith, Gary L. Spelce, Frederick E. St. guidance on Title VI’s prohibition thoroughly considered and the John, Daniel R. Viscaya, Michael P. against national origin discrimination as determination to grant, or not grant, an Walsh, Jerry L. Whitefield, and Robert E. it affects limited English proficient exemption is based on all information Wientjes from the vision requirement in persons. received. 49 CFR 391.41(b)(10), subject to the In a supplemental comment to the following conditions: DATES: This guidance is effective docket, the AHAS states additional (1) That each individual be physically immediately. Comments must be concerns regarding agency reliance on examined every year (a) by an submitted on or before May 7, 3001. self-reported information. We will not ophthalmologist or optometrist who Treasury will review all comments and address these concerns again, but refer attests that the vision in the better eye will determine what modifications to interested parties to the above continues to meet the standard in 49 the policy guidance, if any, are CFR 391.41(b)(10), and (b) by a medical discussions regarding Mr. Mazyck’s necessary. application for an exemption and the examiner who attests that the individual agency’s process for verification of is otherwise physically qualified under ADDRESSES: Interested persons should information used to determine an 49 CFR 391.41; (2) that each individual submit written comments to Ms. Marcia applicant’s acceptability for an provide a copy of the ophthalmologist’s H. Coates, Director, Office of Equal exemption. or optometrist’s report to the medical Opportunity Program, Department of the Notwithstanding the FMCSA’s examiner at the time of the annual Treasury, 1500 Pennsylvania Avenue, ongoing review of the vision standard, medical examination; and (3) that each NW, Room 6071 Metropolitan Square, as evidenced by the medical panel’s individual provide a copy of the annual Washington, D.C. 20220; Comments medical certification to the employer for report dated October 16, 1998, and filed may also be submitted by e-mail to: retention in the driver’s qualification in this docket, the FMCSA must comply [email protected]. with Rauenhorst v. United States file, or keep a copy in his/her driver’s Department of Transportation, Federal qualification file if he/she is self- FOR FURTHER INFORMATION CONTACT: John Highway Administration, 95 F.3d 715 employed. The driver must also have a Hanberry at the Office of Equal (8th Cir. 1996), and grant individual copy of the certification when driving, Opportunity Program, Department of the exemptions under standards that are so it may be presented to a duly Treasury, 1500 Pennsylvania Avenue, consistent with public safety. Meeting authorized Federal, State, or local NW, Room 6071 Metropolitan Square, those standards, the 55 veteran drivers enforcement official. Washington, D.C. 20220; (202) 622–1170 In accordance with 49 U.S.C. 31315 in this case have demonstrated to our voice, (202) 622–0321 TTY, (202) 622– and 31136(e), each exemption will be satisfaction that they can continue to 0367 fax. Arrangements to receive the valid for 2 years unless revoked earlier operate a CMV with their current vision policy in an alternative format may be by the FMCSA. The exemption will be safely in interstate commerce, because made by contacting Mr. Hanberry. they have demonstrated their ability in revoked if: (1) The person fails to intrastate commerce. Accordingly, they comply with the terms and conditions SUPPLEMENTARY INFORMATION: Title VI of qualify for an exemption under 49 of the exemption; (2) the exemption has the Civil Rights Act of 1964, 42 U.S.C. U.S.C. 31315 and 31136(e). resulted in a lower level of safety than 2000d, et seq. and its implementing was maintained before it was granted; or regulations provide that no person shall Conclusion (3) continuation of the exemption would be subjected to discrimination on the After considering the comments to the not be consistent with the goals and basis of race, color, or national origin docket and based upon its evaluation of objectives of 49 U.S.C. 31315 and 31136. under any program or activity that the 55 exemption applications in If the exemption is still effective at the receives federal financial assistance. accordance with the Rauenhorst end of the 2-year period, the person may The purpose of this policy guidance is decision, the FMCSA exempts Henry apply to the FMCSA for a renewal under to clarify the responsibilities of procedures in effect at that time. Ammons Jr., Glenn A. Babcock Jr., recipients of federal financial assistance Bobby J. Beall, Robert D. Bonner, James Authority: 49 U.S.C. 322, 31315 and 31136; from the U.S. Department of the F. Bower, Ben T. Brown, Terry L. 49 CFR 1.73. Treasury (‘‘recipients’’), and assist them Burgess, David S. Carman, Dennis J. Issued on: February 28, 2001. in fulfilling their responsibilities to Christensen, David L. Davis, Darrell B. Stephen E. Barber, limited English proficient (LEP) Dean, Edgar E. French, Glen T. Acting Assistant Administrator and Chief persons, pursuant to Title VI of the Civil Garrabrant, Doyle G. Gibson, Elias Safety Officer. Rights Act of 1964 and implementing Gomez Jr., Jose E. Gonzalez, Joseph M. [FR Doc. 01–5480 Filed 3–6–01; 8:45 am] regulations. The policy guidance Graveline, Johnny C. Hall, William N. BILLING CODE 4910–EX–P reiterates the Federal government’s Hicks, Robert K. Hodge, William G. longstanding position that in order to Holland, John R. Hughes, Frank avoid discrimination against LEP Inigarida, Alan L. Johnston, David O. persons on the grounds of national Kaiser Sr., Milena Kekerovic, Mark J. DEPARTMENT OF THE TREASURY origin, recipients must take reasonable Koscinski, John N. Lanning, Robert C. Guidance to Federal Financial steps to ensure that such persons have Leathers, Richard L. Leonard, Calvin E. Assistance Recipients on the Title VI meaningful access to the programs, Lloyd, Roy E. Mathews, James T. Prohibition Against National Origin McGraw Jr., Luther A. McKinney, Carl services, and information those Discrimination Affecting Limited recipients provide, free of charge. A. Michel Sr., Clarence M. Miles Jr., English Proficient Persons Robert A. Moss, Robert A. Murphy, The text of the complete guidance Dennis I. Nelson, Martin D. Ortiz, Henry AGENCY: Department of the Treasury. document appears below.
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Dated: February 22, 2001. provided to all recipients of Treasury relatives, minor children, or friends, in James J. Flyzik, assistance to ensure compliance with this IRS assisted program. Acting Assistant Secretary for Management the nondiscrimination provisions of When these types of circumstances and Chief Information Officer, United States Title VI as it applies to language are encountered, the level and quality of Department of the Treasury. proficiency. services available to persons of limited English proficiency stand in stark Policy Guidance B. Introduction contrast to Title VI’s promise of equal A. Background English is the predominant language access to federally assisted programs On August 11, 2000, President of the United States. According to the and activities. Services denied, delayed Clinton signed Executive Order 13166, 1990 Census, English is spoken by 95% or provided under adverse ‘‘Improving Access to Services for of its residents. Of those U.S. residents circumstances for an LEP person may Persons with Limited English who speak languages other than English constitute discrimination on the basis of Proficiency.’’ The purpose of this at home, the 1990 Census reports that national origin, in violation of Title VI. 57% above the age of four speak English Executive Order is to eliminate to the Numerous federal laws require the ‘‘well to very well.’’ maximum extent possible limited provision of language assistance to LEP The United States is also, however, individuals seeking to access critical English proficiency (LEP) as an artificial home to millions of national origin barrier to full and meaningful services and activities. For instance, the minority individuals who are ‘‘limited Voting Rights Act bans English-only participation in all federally assisted English proficient’’ (LEP). That is, their programs and activities. elections in certain circumstances and primary language is not English, and outlines specific measures that must be The EO requires that federal agencies they cannot speak, read, write or draft Title VI guidance specifically taken to ensure that language minorities understand the English language at a can participate in elections. See 42 tailored to their recipients of federal level that permits them to interact financial assistance, taking into account U.S.C. 1973 b(f)(1). Similarly, the Food effectively. Because of these language Stamp Act of 1977 requires states to the types of services provided, the differences and their inability to speak individuals served, and the programs provide written and oral language or understand English, LEP persons may assistance to LEP persons under certain and activities assisted to ensure that be excluded from participation, recipients provide meaningful access to circumstances. 42 U.S.C. 2020(e)(1) and experience delays or denials of services, (2). These and other provisions reflect their LEP applicants and beneficiaries. or receive services based on inaccurate To assist federal agencies in carrying out the judgment that providers of critical or incomplete information in Treasury services and benefits bear the these responsibilities, the Department of assisted programs. responsibility for ensuring that LEP Justice (DOJ) issued a Policy Guidance Some recipients have sought to bridge individuals can meaningfully access Document, ‘‘Enforcement of Title VI of the language gap by encouraging the Civil Rights Act of 1964—National language minority clients to provide their programs and services. Origin Discrimination Against Persons their own interpreters as an alternative C. Legal Authority With Limited English Proficiency (LEP to the agency’s use of qualified bilingual 1. Introduction Guidance)’’. DOJ’s LEP Guidance sets employees or interpreters. Persons of forth the compliance standards that limited English proficiency must Over the last 30 years, federal recipients of federal financial assistance sometimes rely on their minor children agencies have conducted thousands of must follow to ensure that programs and to interpret for them during visits to a investigations and reviews involving activities normally provided in English service facility. Alternatively, these language differences that impede the are accessible to LEP persons and thus clients may be required to call upon access of LEP persons to services. Where do not discriminate on the basis of neighbors or even strangers they the failure to accommodate language national origin in violation of Title VI. encounter at the provider’s office to act differences discriminates on the basis of This document contains guidance to as interpreters or translators. These national origin, federal law has required recipients of financial assistance from practices have severe drawbacks and recipients to provide appropriate the Department and its constituent may violate Title VI of the Civil Rights language assistance to LEP persons. For bureaus. It is consistent with DOJ’s Act of 1964. (See Section D.6.(a) of this example, one of the largest providers of policy guidance and provides recipients notice.) federal financial assistance, the of Treasury assistance the necessary In each case, the impediments to Department of Health and Human tools to assure language assistance to effective communication and adequate Services (HHS) has entered into LEP persons. It is also consistent with service are formidable. The client’s voluntary compliance agreements and the government-wide Title VI regulation untrained ‘‘interpreter’’ is often unable consent decrees that require recipients issued by DOJ in 1976, ‘‘Coordination of to understand the concepts or official who operate health and social service Enforcement of Nondiscrimination in terminology he or she is being asked to programs to ensure that there are Federally Assisted Programs,’’ 28 CFR interpret or translate. Even if the bilingual employees or language Part 42, Subpart F, that addresses the interpreter possesses the necessary interpreters to meet the needs of LEP circumstances in which recipients must language and comprehension skills, his persons seeking HHS services. HHS has provide written language assistance to or her mere presence may obstruct the also required these recipients to provide LEP persons.1 This guidance will be flow of confidential information to the written materials and post notices in provider. For example, clients of an IRS languages other than English. See 1 The DOJ coordination regulations at 28 CFR Taxpayer Clinic would naturally be Mendoza v. Lavine, 412 F.Supp. 1105 42.405(d)(1) provide that ‘‘[w]here a significant reluctant to disclose or discuss personal number or proportion of the population eligible to (S.D.N.Y. 1976); and Asociacion Mixta be served or likely to be directly affected by a details concerning their taxes, through Progresista v. H.E.W., Civil Number federally assisted program (e.g., affected by C72–882 (N.D. Cal. 1976). The legal relocation) needs service or information in a concentration of such population, to provide authority for Treasury’s enforcement language other than English in order effectively to information in appropriate languages to such be informed of or to participate in the program, the persons. This requirement applies with regard to actions is Title VI of the Civil Rights Act recipient shall take reasonable steps, considering written material of the type which is ordinarily of 1964, DOJ’s government-wide the scope of the program and the size and distributed to the public.’’ implementing regulation for Executive
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Order 12250, the August 11, 2000 DOJ ancestry who do not speak English affirmed, 197 F.3d 484, (11th Cir. 1999), LEP Guidance, and a consistent body of denied the students a meaningful petition for certiorari granted, case law, which are described below. opportunity to participate in a public Alexander v. Sandoval 121 S. Ct. 28 educational program in violation of (Sept. 26, 2000)(No. 99–1908), the 2. Statute and Regulation Title VI of the Civil Rights Act of 1964. Eleventh Circuit held that the State of Section 601 of Title VI of the Civil As early as 1926, the Supreme Court Alabama’s policy of administering a Rights Act of 1964, 42 U.S.C. section recognized that language rules were driver’s license examination in English 2000d et seq. states: ‘‘No person in the often discriminatory. In Yu Cong Eng et only was a facially neutral practice that United States shall, on the ground of al. v. Trinidad, Collector of Internal had an adverse effect on the basis of race, color, or national origin, be Revenue, 271 U.S. 500 (1926), the national origin, in violation of Title VI. excluded from participation in, be Supreme Court found that a Philippine The court specifically noted the nexus denied the benefits of, or be subjected Bookkeeping Act that prohibited the between language policies and potential to discrimination under any program or keeping of accounts in languages other discrimination based on national origin. activity receiving federal financial than English, Spanish and Philippine That is, in Sandoval, the vast majority assistance.’’ dialects violated the Philippine Bill of of individuals who were adversely Treasury is in the process of drafting Rights that Congress had patterned after affected by Alabama’s English-only its own Title VI regulations consistent the U.S. Constitution. The Court found driver’s license examination policy were with the model regulations provided by that the Act deprived Chinese national origin minorities. DOJ, which require that: merchants, who were unable to read, (a) A recipient under any program to write or understand the required 4. Department of Justice August 11, which these regulations apply, may not, languages, of liberty and property 2000 LEP Guidance directly or through contractual or other without due process. In Gutierrez v. This Guidance is issued in arrangements, on grounds of race, color, Municipal Court of S.E. Judicial District, compliance with EO 13166 and its or national origin: 838 F.2d 1031,1039 (9th Cir. 1988), requirement that agencies providing (i) Deny an individual any service, vacated as moot, 490 U.S. 1016 (1989), federal financial assistance provide financial aid, or other benefit provided the court recognized that requiring the guidance to recipients that is consistent under the program; use of English only is often used to with DOJ’s August 11, 2000 LEP (ii) Provide any service, financial aid, mask national origin discrimination. Guidance. That Guidance sets forth the or other benefit to an individual which Citing McArthur, Worried About compliance standards that recipients of is different, or is provided in a different Something Else, 60 Int’l J. Soc. federal financial assistance must follow manner, from that provided to others Language, 87, 90–91 (1986), the court to ensure that programs and activities under the program; stated that because language and accents are meaningfully accessible to LEP (b) A recipient, in determining the are identifying characteristics, rules that persons and thus do not discriminate on types of services, financial aid, or other have a negative effect on bilingual the basis of national origin in violation benefits, or facilities which will be persons, individuals with accents, or of Title VI. A recipient’s policies or provided under any such program or the non-English speakers may be mere practices regarding the provision of class of individuals to whom, or the pretexts for intentional national origin benefits and services to LEP persons situations in which such services, discrimination. need not be intentional to be financial aid or other benefits, or Another case that noted the link discriminatory, but may constitute a facilities will be provided * * * may between language and national origin violation of Title VI if they have an not directly, or through contractual or discrimination is Garcia v. Gloor, 618 adverse effect on the ability of national other arrangements, utilize criteria or F.2d 264 (5th Cir. 1980) cert. denied, origin minorities to meaningfully access methods of administration which have 449 U.S. 1113 (1981). The court found programs and services. Accordingly, it the effect of subjecting individuals to that on the facts before it a workplace is important for recipients to examine discrimination, because of their race, English-only rule did not discriminate their policies and practices to determine color or national origin, or have the on the basis of national origin since the whether they adversely affect LEP complaining employees were bilingual. effect of defeating or substantially persons. This policy guidance provides However, the court stated that ‘‘to a impairing accomplishment of the a legal framework to assist recipients in person who speaks only one tongue or objectives of the program with respect to conducting such assessments. individuals of a particular, race, color or to a person who has difficulty using national origin.’’ (Emphasis added.) another language other than the one D. Policy Guidance spoken in his home, language might 1. Coverage 3. Case Law well be an immutable characteristic like Extensive case law affirms the skin color, sex or place of birth.’’ Id. at All entities that receive federal obligation of recipients of federal 269. financial assistance from Treasury either financial assistance to ensure that LEP The Fifth Circuit addressed language directly or indirectly, through a grant, persons can meaningfully access as an impermissible barrier to contract or subcontract, are covered by federally assisted programs. participation in society in U.S. v. this policy guidance. The term ‘‘federal The U.S. Supreme Court, in Lau v. Uvalde Consolidated Independent financial assistance’’ to which Title VI Nichols, 414 U.S. 563 (1974), recognized School District, 625 F.2d 547 (5th Cir. applies includes but is not limited to that recipients of federal financial 1980). The court upheld an amendment grants and loans of federal funds, grants assistance have an affirmative to the Voting Rights Act which or donations of federal property, details responsibility, pursuant to Title VI, to addressed concerns about language of federal personnel, or any agreement, provide LEP persons with a meaningful minorities, the protections they were to arrangement or other contract which has opportunity to participate in public receive, and eliminated discrimination as one of its purposes the provision of programs. In Lau, the Supreme Court against them by prohibiting English- assistance. ruled that a public school system’s only elections. Title VI prohibits discrimination in failure to provide English language Most recently, in Sandoval v. Hagan, any program or activity that receives instruction to students of Chinese 7 F. Supp. 2d 1234 (M.D. Ala. 1998), federal financial assistance. What
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constitutes a program or activity taken the necessary steps to ensure that • Development of Comprehensive covered by Title VI was clarified by LEP persons have meaningful access to Written Policy on Language Access— Congress in 1988, when the Civil Rights its programs and services. The recipient develops and implements Restoration Act of 1987 (CRRA) was The key to providing meaningful a comprehensive written policy that enacted. The CRRA provides that, in access for LEP persons is to ensure that will ensure meaningful communication; most cases, when a recipient receives the recipient and LEP person can • Training of Staff—The recipient federal financial assistance for a communicate effectively. The steps takes steps to ensure that staff particular program or activity, all taken by a covered entity must ensure understand the policy and are capable operations of the recipient are covered that the LEP person is given adequate of carrying it out; and by Title VI, not just the part of the information, is able to understand the • Vigilant Monitoring—The recipient program that uses the federal assistance. services and benefits available, and is conducts regular oversight of the Thus, all parts of the recipient’s able to receive those for which he or she language assistance program to ensure operations would be covered by Title is eligible. The covered entity must also that LEP persons meaningfully access VI, even if the federal assistance is used ensure that the LEP person can the program. only by one part. effectively communicate the relevant If implementation of one or more of 2. Basic Requirements Under Title VI circumstances of his or her situation to the service provider. these measures would be so financially A recipient whose policies, practices, Experience has shown that effective burdensome as to defeat the legitimate or procedures exclude, limit, or have the language assistance programs usually objectives of a recipient’s program, or if effect of excluding or limiting, the contain the four measures described in the recipient utilizes an equally participation of any LEP person in a Section 4 below. In reviewing effective alternative for ensuring that federally assisted program on the basis complaints and conducting compliance LEP persons have meaningful access to of national origin may be engaged in reviews, Treasury will consider a programs and services, Treasury will discrimination in violation of Title VI. program to be in compliance when the not find the recipient in noncompliance. In order to ensure compliance with Title recipient effectively incorporates and However, recipients should gather and VI, recipients must take steps to ensure implements these four elements. The maintain documentation to substantiate that LEP persons who are eligible for failure to incorporate or implement one any assertion of financial burden. their programs or services have or more of these elements does not (b) Assessment meaningful access to the services, necessarily mean noncompliance with information, and benefits that they Title VI, and Treasury will review the The first key to ensuring meaningful provide. The most important step in totality of the circumstances to access is for the recipient to assess the meeting this obligation is for recipients determine whether LEP persons can language needs of the eligible of Treasury financial assistance to meaningfully access the services and population. A recipient assesses provide the language assistance benefits of the recipient. language needs by identifying: necessary to ensure such access, at no • cost to the LEP person. 3. State or Local ‘‘English-Only’’ Laws the number and proportion of LEP The type of language assistance a persons eligible to be served or State or local ‘‘English-only’’ laws do encountered by the recipient, the recipient/covered entity provides to not change the fact that recipients ensure meaningful access will depend frequency of contact with LEP language cannot discriminate in violation of Title on a variety of factors, including the groups, the nature or importance of the VI. Entities in states and localities with total resources and size of the recipient/ activity, benefit, or service, and the ‘‘English-only’’ laws do not have to covered entity, the number or resources of the recipient. accept federal funding. However, if they proportion of the eligible LEP • the points of contact in the program do, they have to comply with Title VI, population it serves, the nature and or activity where language assistance is including its prohibition against importance of the program or service, likely to be needed. national origin discrimination by including the objectives of the program, • recipients. the resources that will be needed to the frequency with which particular provide effective language assistance. languages are encountered, and the 4. Ensuring Meaningful Access to LEP • the location and availability of frequency with which LEP persons Persons these resources. come into contact with the program. These factors are consistent with and (a) The Four Keys to Title VI • the arrangements that must be made incorporate the standards set forth in Compliance in the LEP Context to access these resources in a timely the Department of Justice ‘‘Policy The key to providing meaningful fashion. Guidance Document: on Enforcement of access to benefits and services for LEP (c) Development of Comprehensive Title VI of the Civil Rights Act of 1964— persons is to ensure that the language Written Policy on Language Access National Origin Discrimination Against assistance provided results in accurate Persons With Limited English and effective communication between A recipient can ensure effective Proficiency (LEP Guidance),’’ reprinted the provider and LEP applicant/client communication by developing and at 65 FR 50123 (August 16, 2000). There about the types of services and/or implementing a comprehensive written is no ‘‘one size fits all’’ solution for Title benefits available and about the language assistance program. This VI compliance with respect to LEP applicant’s or client’s circumstances. program should include: policies and persons. Treasury will make its Although Treasury recipients have procedures for identifying and assessing assessment of the language assistance considerable flexibility in fulfilling this the language needs of its LEP needed to ensure meaningful access on obligation, effective programs usually applicants/clients; a range of oral a case by case basis, and a recipient will have the following four elements: language assistance options; notice to have considerable flexibility in • Assessment—The recipient LEP persons in a language they can determining precisely how to fulfill this conducts a thorough assessment of the understand of the right to free language obligation. Treasury will focus on the language needs of the population to be assistance; periodic training of staff; end result—whether the recipient has served; monitoring of the program; and
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translation of written materials in common LEP language groups in their are not critical to access such benefits certain circumstances.2 service areas, or need to supplement and services. (1) Oral Language Interpretation—In their in-house capabilities on an as- As part of its overall language designing an effective language needed basis. Such contract interpreters assistance program, a recipient must assistance program, a recipient should must be readily available and develop and implement a plan to develop procedures for obtaining and competent. provide written materials in languages providing trained and competent • Community Volunteers—Use of other than English where a significant interpreters and other oral language community volunteers may provide number or percentage of the population assistance services, in a timely manner, recipients with a cost-effective method eligible to be served or likely to be by taking some or all of the following for providing interpreter services. directly affected by the program needs steps: However, experience has shown that to services or information in a language • hiring bilingual staff who are use community volunteers effectively, other than English to communicate trained and competent in the skill of recipients must ensure that formal effectively. (See 28 CFR 42.405(d)(1)). interpreting; arrangements for interpreting services Treasury will determine the extent of • hiring staff interpreters who are are made with community organizations the recipient’s obligation to provide trained and competent in the skill of so that these organizations are not written translation of documents on a interpreting; subjected to ad hoc requests for case by case basis, taking into account • contracting with an outside assistance. In addition, recipients must all relevant circumstances, including: interpreter service for trained and ensure that these volunteers are (1) The nature, importance, and competent interpreters; competent as interpreters and objective of the particular activity, • arranging formally for the services understand their obligation to maintain program, or service; (2) the number or of voluntary community interpreters client confidentiality. Additional proportion of LEP persons eligible to be who are trained and competent in the language assistance must be provided served or encountered by the recipient; skill of interpreting; where competent volunteers are not (3) the frequency with which translated • arranging/contracting for the use of readily available during all hours of documents are needed; and (4) the total a telephone language interpreter service. service. • resources available to the recipient as See Section D.6.(b) of this notice for Telephone Interpreter Lines—A compared to the length of the document a discussion on ‘‘Competence of telephone interpreter service line may and cost of translation. Interpreters.’’ be a useful option as a supplemental One way for a recipient to know with The following provides guidance to system, or may be useful when a greater certainty that it will be found in recipients in determining which recipient encounters a language that it compliance with its obligation to language assistance options will be of cannot otherwise accommodate. Such a provide written translations in sufficient quantity and quality to meet service often offers interpreting languages other than English is for the the needs of their LEP beneficiaries: assistance in many different languages recipient to meet the guidelines • Bilingual Staff—Hiring bilingual and usually can provide the service in outlined in paragraphs (A) and (B) staff for client contact positions quick response to a request. However, below, which outline the circumstances facilitates participation by LEP persons. recipients should be aware that such that provide a ‘‘safe harbor’’ for However, where there are a variety of services may not always have readily recipients. A recipient that provides available interpreters who are familiar LEP language groups in a recipient’s written translations under these with the terminology peculiar to the service area, this option may be circumstances can be confident that it particular program or service. It is insufficient to meet the needs of all LEP will be found in compliance with its important that a recipient not offer this applicants and clients. Where this obligation under Title VI regarding as the only language assistance option option is insufficient to meet the needs, written translations.3 However, the except where other language assistance the recipient must provide additional failure to provide written translations options are unavailable. and timely language assistance. under these circumstances outlined in Bilingual staff must be trained and must (2) Translation of Written Materials— An effective language assistance paragraphs (A) and (B) will not demonstrate competence as interpreters. necessarily mean noncompliance with • Staff Interpreters—Paid staff program ensures that written materials that are routinely provided in English to Title VI. interpreters are especially appropriate In such situations, Treasury will where there is a frequent and/or regular applicants, clients and the public are available in regularly encountered review the totality of the circumstances need for interpreting services. These to determine the precise nature of a persons must be competent and readily languages other than English. It is particularly important to ensure that recipient’s obligation to provide written available. materials in languages other than • vital documents are translated. A Contract Interpreters—The use of English as indicated earlier. contract interpreters may be an option document will be considered vital if it contains information that is critical for Treasury will consider a recipient to for recipients that have an infrequent be in compliance with its Title VI need for interpreting services, have less accessing the services, rights, and/or benefits, or is required by law. Thus, obligation to provide written materials vital documents include, for example, in non-English languages if: 1 The Americans with Disabilities Act and (A) The recipient provides translated Section 504 of the Rehabilitation Act of 1973 both applications; consent forms; letters and provide similar prohibitions against discrimination notices pertaining to the reduction, written materials, including vital on the basis of disability and require entities to denial or termination of services or provide language assistance such as sign language 3 The ‘‘safe harbor’’ provisions are not intended interpreters for hearing impaired individuals or benefits; and letters or notices that to establish numerical thresholds for when a alternative formats such as Braille, large print or require a response from the beneficiary recipient must translate documents. The numbers tape for vision impaired individuals. In developing or client. For instance, if a complaint and percentages included in these provisions are a comprehensive language assistance program, form is necessary in order to file a claim based on the balancing of a number of factors, recipients should be mindful of their including experience in enforcing Title VI in the responsibilities under the ADA and Section 504 to with an agency, that complaint form context of Treasury programs, and Treasury’s ensure access to programs for individuals with would be vital information. Non-vital discussions with other agencies about experiences disabilities. information includes documents that of their grant recipients with language access issues.
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documents, for each eligible LEP provide written translations of employees likely to have contact with language group that constitutes ten documents on a case by case basis, LEP persons, and periodic training of percent or 3,000, whichever is less, of looking at the totality of the these employees. Effective training the population of persons eligible to be circumstances. ensures that employees are served or likely to be directly affected It is also important to ensure that the knowledgeable and aware of LEP by the recipient’s program; 4 person translating the materials is well policies and procedures, are trained to (B) Regarding LEP language groups qualified. In addition, in some work effectively with in-person and that do not fall within paragraph (A) circumstances verbatim translation of telephone interpreters, and understand above, but constitute five percent or materials may not accurately or the dynamics of interpretation between 1,000, whichever is less, of the appropriately convey the substance of clients, providers and interpreters. It is population of persons eligible to be what is contained in the written important that this training be part of served or likely to be directly affected, materials. An effective way to address the orientation for new employees and the recipient ensures that, at a this potential problem is to reach out to that all employees in client contact minimum, vital documents are community-based organizations to positions be properly trained. translated into the appropriate non- review translated materials to ensure Recipients may find it useful to English languages of such LEP persons. that they are accurate and easily maintain a training registry that records Translation of other documents, if understood by LEP persons. the names and dates of employees’ needed, can be provided orally; and (3) Methods for Providing Notice to training. Effective training is one means (C) Notwithstanding paragraphs (A) LEP Persons—A vital part of a well- of ensuring that there is not a gap and (B) above, a recipient with fewer functioning compliance program between a recipient’s written policies than 100 persons in a language group includes having effective methods for and procedures, and the actual practices eligible to be served or likely to be notifying LEP persons of their right to of employees who are in the front lines directly affected by the recipient’s language assistance and the availability interacting with LEP persons. program, does not translate written of such assistance free of charge. These materials but provides written notice in methods include but are not limited to: (e) Monitoring and Updating the LEP the primary language of the LEP • Use of language identification cards policy language group of the right to receive that allow LEP persons to identify their Recipients should always consider competent oral translation of written language needs to staff. To be effective, whether new documents, programs, materials. the cards (e.g., ‘‘I speak’’ cards) must services, and activities need to be made The term ‘‘persons eligible to be invite the LEP person to identify the accessible for LEP individuals. They served or likely to be directly affected’’ language he/she speaks. should then provide needed language relates to the issue of what is the • Posting and maintaining signs in services and notice of those services to recipient’s service area for purposes of regularly encountered languages other the LEP public and to employees. In meeting its Title VI obligation. There is than English in waiting rooms, addition, Treasury recipients should no ‘‘one size fits all’’ definition of what reception areas and other initial points evaluate their entire language policy at constitutes ‘‘persons eligible to be of entry. To be effective, these signs least every three years. One way to served or likely to be directly affected’’ must inform LEP persons of their right evaluate the LEP policy is to seek and Treasury will address this issue on to free language assistance services and feedback from the community. a case by case basis. Ordinarily, these invite them to identify themselves as Recipients should assess: persons are those who are in the persons needing such services. • Current LEP populations in service geographic area that has been approved • Translation of application forms area. by a federal grant agency as the and instructional, informational and • Current communication needs of recipient’s service area. Thus, for other written materials into appropriate LEP individuals encountered by the language groups that do not fall within non-English languages by competent program. paragraphs (A) and (B), above, a translators. For LEP persons whose • Whether existing assistance is recipient can ensure access by providing language does not exist in written form, meeting the needs of such persons. written notice in the LEP person’s assistance from an interpreter to explain • Whether staff knows and primary language of the right to receive the contents of the document. understands the LEP policy and how to free language assistance. • Uniform procedures for timely and implement it. Recent technological advances have effective telephone communication • Whether identified sources for made it easier for recipients to store between staff and LEP persons. This assistance are still available and viable. translated documents readily. At the must include instructions for English- 5. Treasury’s Assessment of Meaningful same time, Treasury recognizes that speaking employees to obtain assistance Access recipients in a number of areas, such as from interpreters or bilingual staff when many large cities, regularly serve LEP receiving calls from or initiating calls to The failure to take all of the steps persons from many different areas of the LEP persons. outlined in Section D (4), above, will world who speak dozens of different • Inclusion of statements about the not necessarily mean that a recipient languages. It would be unduly services available and the right to free has failed to provide meaningful access burdensome to demand that recipients language assistance services, in to LEP clients. The following are in these circumstances translate all appropriate non-English languages, in examples of how meaningful access will written materials into these languages. brochures, booklets, outreach and be assessed by Treasury: As a result, Treasury will determine the recruitment information, and other • A small recipient has about 50 LEP extent of the recipient’s obligation to materials that are routinely Hispanic clients and a small number of disseminated to the public. employees, and asserts that he cannot 4 See Section D.4.(c)(2) above for a description of afford to hire bilingual staff, contract vital documents. Large documents, such as (d) Training of Staff with a professional interpreter service, enrollment handbooks, may not need to be translated in their entirety. However, vital Another vital element in ensuring that or translate written documents. To information contained in large documents must be its policies are followed is a recipient’s accommodate the language needs of LEP translated. dissemination of its policy to all clients, the recipient has made
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arrangements with a Hispanic the family member or friend, if the use community organizations and providers community organization for trained and of such a person would not compromise have created community language banks competent volunteer interpreters, and the effectiveness of services or violate that train, hire and dispatch competent with a telephone interpreter language the LEP person’s confidentiality. The interpreters to participating line, to interpret during consultations recipient should document the offer and organizations, reducing the need to have and to orally translate written decline in the LEP person’s file. Even if on-staff interpreters for low demand documents. There have been no client an LEP person elects to use a family languages. These language banks are complaints of inordinate delays or other member or friend, the recipient should frequently nonprofit and charge service related problems with respect to suggest that a trained interpreter sit in reasonable rates. LEP clients. Given the resources, the on the encounter to ensure accurate Pamphlets—A recipient has created size of the staff, and the size of the LEP interpretation. pamphlets in several languages, entitled population, Treasury would find this ‘‘While Awaiting the Arrival of an recipient in compliance with Title VI. (b) Competence of Interpreters Interpreter.’’ The pamphlets are • A recipient with a large budget In order to provide effective services intended to facilitate basic serves 500,000 beneficiaries. Of the to LEP persons, a recipient must ensure communication between clients and beneficiaries eligible for services, 3,500 that it uses persons who are competent staff. They are not intended to replace are LEP Chinese persons, 4,000 are LEP to provide interpreter services. interpreters but may aid in increasing Hispanic persons, 2,000 are LEP Competency does not necessarily mean the comfort level of LEP persons as they Vietnamese persons and about 400 are formal certification as an interpreter, wait for services. LEP Laotian persons. The recipient has though certification is helpful. On the Use of Technology—Some recipients no policy regarding language assistance other hand, competency requires more use their internet and/or intranet to LEP persons, and LEP clients are told than self-identification as bilingual. The capabilities to store translated to bring their own interpreters, are competency requirement contemplates documents online. These documents provided with application and consent demonstrated proficiency in both can be retrieved as needed. forms in English and if unaccompanied English and the other language, Telephone Information Lines— by their own interpreters, must solicit orientation and training that includes Recipients have established telephone the help of other clients or must return the skills and ethics of interpreting (e.g., information lines in languages spoken at a later date with an interpreter. Given issues of confidentiality), fundamental by frequently encountered language the size of this program, its resources, knowledge in both languages of any groups to instruct callers, in the non- the size of the eligible LEP population, specialized terms, or concepts peculiar English languages, on how to leave a and the nature of the program, Treasury to the recipient’s program or activity, recorded message that will be answered would likely find this recipient in sensitivity to the LEP person’s culture by someone who speaks the caller’s violation of Title VI and would likely and a demonstrated ability to convey language. require it to develop a comprehensive information in both languages, Signage and Other Outreach—Other language assistance program that accurately. A recipient must ensure that recipients have provided information includes all of the options discussed in those persons it provides as interpreters about services, benefits, eligibility Section D.4. above. are trained and demonstrate requirements, and the availability of free competency as interpreters. language assistance, in appropriate 6. Interpreters languages by (a) posting signs and Two recurring issues in the area of 7. Examples of Prohibited Practices placards with this information in public interpreter services involve (a) the use Listed below are examples of places such as grocery stores, bus of friends, family, or minor children as practices which may violate Title VI: shelters and subway stations; (b) putting interpreters, and (b) the need to ensure • Providing services to LEP persons notices in newspapers, and on radio and that interpreters are competent. that are more limited in scope or are television stations that serve LEP (a) Use of Friends, Family and Minor lower in quality than those provided to groups; (c) placing flyers and signs in Children as Interpreters other persons, or placing greater the offices of community-based burdens on LEP than on non-LEP organizations that serve large A recipient may expose itself to persons; populations of LEP persons; and (d) liability under Title VI if it requires, • Subjecting LEP persons to establishing information lines in suggests, or encourages an LEP person unreasonable delays in the delivery of appropriate languages. to use friends, minor children, or family services, or the provision of information F. Model Plan members as interpreters, as this could on rights; compromise the effectiveness of the • Limiting participation in a program The following example of a model service. Use of such persons could or activity on the basis of English language assistance program may be result in a breach of confidentiality or proficiency; useful for recipients in developing their reluctance on the part of individuals to • Failing to inform LEP persons of the plans. The plan incorporates a variety of reveal personal information critical to right to receive free interpreter services options and methods for providing their situations. In addition, family and and/or requiring LEP persons to provide meaningful access to LEP individuals: friends usually are not competent to act their own interpreter. • A formal written language as interpreters, since they are often assistance program. insufficiently proficient in both E. Promising Practices • Identification and assessment of the languages, unskilled in interpretation, In meeting the needs of their LEP languages that are likely to be and unfamiliar with specialized clients, some recipients have found encountered and estimating the number terminology. unique ways of providing interpreter of LEP persons that are eligible for If after a recipient informs an LEP services and reaching out to the LEP services and that are likely to be affected person of the right to free interpreter community. Examples of promising by its program through a review of services, the person declines such practices include the following: census and client utilization data and services and requests the use of a family Language Banks—In several parts of data from school systems and member or friend, the recipient may use the country, both urban and rural, community agencies and organizations.
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• Posting of signs in lobbies and in • Adoption of a procedure for the A recipient may not retaliate against other waiting areas, in several resolution of complaints regarding the any person who has made a complaint, languages, informing applicants and provision of language assistance; and for testified, assisted or participated in any clients of their right to free interpreter notifying clients of their right to and manner in an investigation or services and inviting them to identify how to file a complaint under Title VI proceeding under the statutes governing themselves as persons needing language with Treasury. federal financial assistance programs. assistance. • Appointment of a senior level Civil rights complaints should be filed • Use of ‘‘I speak’’ cards by intake employee to coordinate the language with: Department of the Treasury, Office workers and other contact personnel so assistance program, and assurance that of Equal Opportunity Program 1500 that they can identify their primary there is regular monitoring of the Pennsylvania Avenue, NW, Room 6071 languages. program. Metropolitan Square, Washington, DC • Keeping the language of the LEP 20220. person in his/her record if such a record G. Compliance and Enforcement I. Technical Assistance would normally be kept for non-LEP Treasury will enforce recipients’ persons so that all staff can identify the responsibilities to LEP beneficiaries Treasury and its bureaus will provide language assistance needs of the client. through procedures provided for in Title technical assistance to recipients, and • Employment of a sufficient number VI regulations. These procedures will continue to be available to provide of staff, bilingual in appropriate include complaint investigations, such assistance to any recipient seeking languages, in client contact positions. compliance reviews, efforts to secure to ensure that it operates an effective These persons must be trained and voluntary compliance, and technical language assistance program. In competent as interpreters. assistance. Treasury will always provide addition, during its investigative • Contracts with interpreting services recipients with the opportunity to come process, Treasury is available to provide that can provide competent interpreters into voluntary compliance prior to technical assistance to enable recipients in a wide variety of languages, in a initiating formal enforcement to come into voluntary compliance. timely manner. proceedings. • Formal arrangements with [FR Doc. 01–5412 Filed 3–6–01; 8:45 am] In determining compliance with Title BILLING CODE 4810–25–P community groups for competent and VI, Treasury’s concern will be whether timely interpreter services by the recipient’s policies and procedures community volunteers. allow LEP persons to overcome • An arrangement with a telephone DEPARTMENT OF THE TREASURY language barriers and participate language interpreter line. Internal Revenue Service • Translation of application forms, meaningfully in programs, services and instructional, informational and other benefits. A recipient’s appropriate use of [BPG–132413–00] key documents into appropriate non- the methods and options discussed in English languages. Provision of oral this guidance will be viewed by Dealers in Securities Futures interpreter assistance with documents, Treasury as evidence of a recipient’s Contracts; Request for Comments intent to comply with Title VI. for those persons whose language does AGENCY: Internal Revenue Service (IRS), not exist in written form. H. Complaint Process Treasury. • Procedures for effective telephone ACTION: Notice of solicitation of communication between staff and LEP Anyone who believes that he/she has comments. persons, including instructions for been discriminated against because of English-speaking employees to obtain race, color or national origin in violation of Title VI may file a complaint with SUMMARY: The IRS and Treasury assistance from bilingual staff or Department are soliciting comments on interpreters when initiating or receiving Treasury within 180 days of the date on which the discrimination took place. the criteria that should be used to calls from LEP persons. determine whether a taxpayer is a dealer • The following information should be Notice to and training of all staff, in securities futures contracts (or particularly client contact staff, with included: • options on such contracts) for purposes respect to the recipient’s Title VI Your name and address (a telephone number where you may be of section 1256 of the Internal Revenue obligation to provide language Code. assistance to LEP persons, and on the reached during business hours is DATES: Written and electronic comments language assistance policies and the helpful, but not required); • are requested on or before May 7, 2001. procedures to be followed in securing A general description of the such assistance in a timely manner. person(s) or class of persons injured by ADDRESSES: Send submissions to: • Insertion of notices, in appropriate the alleged discriminatory act(s); CC:M&SP:RU (BPG–132413–00), room languages, about the right of LEP • The name and location of the 5226, Internal Revenue Service, POB applicants and clients to free organization or institution that 7604, Ben Franklin Station, Washington, interpreters and other language committed the alleged discriminatory DC 20044. Submissions may be hand assistance, in brochures, pamphlets, act(s); delivered between the hours of 8 a.m. manuals, and other materials • A description of the alleged and 5 p.m. to: CC:M&SP:RU (BPG– disseminated to the public and to staff. discriminatory act(s) in sufficient detail 132413–00), Courier’s Desk, Internal • Notice to the public regarding the to enable the Office of Equal Revenue Service, 1111 Constitution language assistance policies and Opportunity Program (OEOP) to Avenue NW., Washington, DC. procedures, and notice to and understand what occurred, when it Alternatively, taxpayers may submit consultation with community occurred, and the basis for the alleged comments electronically via the Internet organizations that represent LEP discrimination. by submitting comments directly to the language groups, regarding problems • The letter or form must be signed IRS Internet site at http://www.irs.gov/ and solutions, including standards and and dated by the complainant or by tax_regs/regslist.html. procedures for using their members as someone authorized to do so on his or FOR FURTHER INFORMATION CONTACT: interpreters. her behalf. Concerning the notice, Patrick E. White
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(202) 622–3920; concerning submission to such market makers or specialists by Although some relevant activities of and delivery of comments, Treena providing market liquidity for securities equity options dealers may be ongoing, Garrett, (202) 622–7180 (not toll-free futures contracts (and options) even in the other critical activities may commence, numbers). absence of a legal obligation to do so. or change significantly in nature or Accordingly, the absence of market-making scope, during periods of market SUPPLEMENTARY INFORMATION: obligations is not inconsistent with a determination that a class of traders are disequilibrium. Information with Background dealers in securities futures contracts (and respect to equity options dealers’ The Commodities Futures options), if the relevant factors, including activities at these times will be Modernization Act of 2000, enacted as providing market liquidity for such contracts particularly welcome. part of the Consolidated Appropriations (and options), indicate that the market Second, information is requested 1 Act, 2001 (Public Law 106–554, 114 functions of the traders is comparable to that regarding activities of traders on of equity options dealers. Stat. 2763), authorizes the trading of futures markets. Although traders on securities futures contracts, a new type H.R. Conf. Rep. No. 106–1033, 106th futures markets may not have specific of derivative financial product. Another Cong., 2d Sess. 1036 (2000). market-making obligations, their trading portion of the same enactment—the The IRS and Treasury Department, activities may contribute to the Community Renewal Tax Relief Act of therefore, seek taxpayers’ suggestions establishment and maintenance of 2000 (the Act)—prescribes the tax concerning both the substance of these orderly markets. Is that typically the treatment of these financial products. In determinations and the manner in case? Descriptions of trading activities general, gain or loss is recognized on which they should be made. As on futures markets generally will be helpful, and insights and supporting securities futures contracts upon described in more detail below, of data on the nature and extent of trading disposition, and the character of such particular interest are comments that by specific groups of futures traders will gain or loss is determined by newly will aid in establishing objective criteria be particularly useful. Relevant groups enacted section 1234B. and processes for making the for this purpose may be based on the The timing and character of gains and determinations. In addition, comments type of contract traded, the extent of losses on dealer securities futures are solicited in certain specific areas. trading for one’s own account (as contracts, however, is determined by First, comments are requested about opposed to trading in response to orders section 1256. Thus, dealer securities the activities and obligations of equity from off-exchange customers), and the futures contracts are subject to mark-to- options dealers, especially those class of exchange membership. market treatment, and capital gains or activities and obligations that contribute This discussion should be losses are treated as 60 percent long- to the establishment and maintenance of accompanied, if possible, by an term capital gain or loss and 40 percent an orderly market. For purposes of this explanation of the extent to which the short-term capital gain or loss. Section notice, the term equity options dealer activities of traders in securities futures 1256(g)(9) defines dealer securities means a market maker or specialist contracts are expected to resemble the futures contracts as securities futures described in section 1256(g)(8) with activities of the specific groups contracts (and options on such respect to options that are described in described. In general, expectations of contracts) that are traded on a qualified section 1256(g)(6) without regard to the how trading in securities futures board or exchange and are entered into requirement that indices be narrow contracts may or may not differ from by a dealer in the normal course of the based. Any relevant way in which the trading in current products will also be dealer’s business of dealing in such activities and obligations of market helpful. contracts or options. For this purpose, a makers differ from those of specialists Third, comments are solicited on person is a dealer in securities futures should be described; and the administrable and economically contracts or options on such contracts if significance of this difference for any meaningful criteria for identifying any the Secretary of the Treasury determines comment or other response to this traders that should be treated as dealers that the person performs functions with notice should be explained when in securities futures contracts. Criteria respect to such contracts or options relevant. for identifying these persons might similar to the functions performed with Among the questions on which include, among others, the nature and respect to stock options by persons information is sought are the following: extent of trading activities (including registered with a national securities What are the activities imposed on, or the extent to which the person’s trading exchange as a market maker or specialist undertaken by, equity option dealers is concentrated in certain products), in listed options. The Act requires the that are considered making a market? Do class of exchange membership, capital, Secretary of the Treasury or his delegate equity option dealers engage in and share of net income derived from to make this determination no later than activities that extend beyond making a trading activities. Should it be possible July 1, 2001. market but that contribute to the for a person to be a dealer in securities The legislative history of the Act establishment and maintenance of futures contracts with respect to some states the following with respect to the orderly markets? For example, equity such contracts but not with respect to determination process: options dealers trading for their own others? The determination of who is a dealer in accounts (and not in response to orders If a taxpayer’s satisfaction of the securities futures contracts is to be made in placed by an off-exchange customer) suggested criteria may vary over time, a manner that is appropriate to carry out the may be a significant source of market comments are also requested respecting purposes of the provision, which generally is volume. Is that the case? If so, to what rules for determining when a taxpayer to provide comparable tax treatment between extent does this added volume becomes, or ceases to be, a dealer in dealers in securities futures contracts, on the contribute to market liquidity? Are there securities futures contracts. For one hand, and dealers in equity options, on other ways in which these dealers example, should it be possible for the the other. Although traders in securities futures contracts (and options on such contribute to the markets in which they 1 The references here, and in the following contracts) may not have the same market- participate? What differences are there, in scale or kind, between the activities paragraphs, to traders are not intended to exclude making obligations as market makers or any taxpayers who are not treated as traders for tax specialists in equity options, many traders of equity options dealers and similar purposes but who may perform functions similar to are expected to perform analogous functions activities of other market participants? the functions performed by equity options dealers.
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status as a dealer in securities futures Comments Chief Counsel (Financial Institutions contracts to change within a single and Products), and Matthew J. Eichner, taxable year or only between taxable Written or electronic comments (a Office of Tax Analysis, United States years? Does a taxpayer need to know signed original and eight (8) copies, if Department of the Treasury. However, before it enters a transaction whether it written) should be timely submitted (in other personnel from the IRS and is treated as a dealer for purposes of that the manner described in the ADDRESSES Treasury Department participated in its transaction? Will special rules be portion of this notice) to the IRS. All development. required for taxpayers who have not comments will be available for public previously traded in the contracts? inspection and copying. Lon B. Smith, (Initially, all taxpayers fall into this Drafting Information Acting Associate Chief Counsel (Financial category.) Comments regarding both Institutions & Products). substantive criteria and the method of The principal authors of this notice [FR Doc. 01–5453 Filed 3–6–01; 8:45 am] application will be useful. are Patrick E. White, Office of Associate BILLING CODE 4830–01–P
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Reader Aids Federal Register Vol. 66, No. 45 Wednesday, March 7, 2001
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH
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 Proposed Rules: 39 ...... 12913, 13184, 13186, Presidential Documents Proclamations: 13189, 13192, 13195, 13198, Executive orders and proclamations 523–5227 7408...... 12989 13201, 13204, 13207, 13210, The United States Government Manual 523–5227 7409...... 12991 13213, 13216, 13219, 13223, 7410...... 13639 13269, 13271 7411...... 13641 Other Services 7412...... 13643 15 CFR Electronic and on-line services (voice) 523–4534 7 CFR 738...... 12845 Privacy Act Compilation 523–3187 740...... 12845 Public Laws Update Service (numbers, dates, etc.) 523–6641 932...... 13389 744...... 12845 TTY for the deaf-and-hard-of-hearing 523–5229 956...... 13391 746...... 12845 966...... 13394 982...... 13396 16 CFR ELECTRONIC RESEARCH 1210...... 13400 4...... 13645 World Wide Web 1421...... 13402 1500...... 13645 Proposed Rules: Full text of the daily Federal Register, CFR and other Proposed Rules: Ch. I ...... 13267 432...... 12915 publications: Ch. VIII...... 13267 http://www.access.gpo.gov/nara 923...... 13447 17 CFR 993...... 13454 Federal Register information and research tools, including Public 239...... 13234 1439...... 13679 Inspection List, indexes, and links to GPO Access: 240...... 13234 http://www.nara.gov/fedreg 10 CFR 270...... 13234 274...... 13234 72...... 13407 E-mail Proposed Rules: Proposed Rules: Ch. II ...... 13273 PENS (Public Law Electronic Notification Service) is an E-mail 50...... 13267 service for notification of recently enacted Public Laws. To 72...... 13459 subscribe, send E-mail to 18 CFR [email protected] 11 CFR Proposed Rules: 284...... 13689 with the text message: Proposed Rules: 100...... 13681 subscribe PUBLAWS-L your name 21 CFR Use [email protected] only to subscribe or unsubscribe to 12 CFR 10...... 12848 PENS. We cannot respond to specific inquiries. 205...... 13409 14...... 12848 516...... 12993 16...... 12848 Reference questions. Send questions and comments about the 517...... 12993 172...... 13652 Federal Register system to: 543...... 12993 175...... 13653 [email protected] 544...... 12993 176...... 13653 178...... 13653 The Federal Register staff cannot interpret specific documents or 545...... 12993 203...... 12850 regulations. 550...... 12993 552...... 12993 205...... 12850 555...... 12993 510...... 13426 FEDERAL REGISTER PAGES AND DATE, MARCH 559...... 12993 522...... 13235 560...... 12993 524...... 13236 12843–12992...... 1 558...... 13236, 13238 12993–13226...... 2 562...... 12993 563...... 12993 Proposed Rules: 13227–13388...... 5 563b...... 12993 1304...... 13274 13389–13644...... 6 563f...... 12993 1305...... 13274 13645–13838...... 7 565...... 12993 1306...... 13274 567...... 12993 1311...... 13274 574...... 12993 575...... 12993 23 CFR 584...... 12993 658...... 13012 Proposed Rules: 932...... 13688 25 CFR Proposed Rules: 14 CFR 542...... 12916 25...... 12843 39 ...... 13010, 13227, 13229, 26 CFR 13232, 13413, 13414, 13416, 1 ...... 12853, 13013, 13427, 13418, 13422, 13424, 13635 13429, 13635 71...... 13011 53...... 13013
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301...... 13013 165...... 13030 71...... 12916 Proposed Rules: Proposed Rules: 72...... 12979 904...... 13473 1...... 12916, 13050 34 CFR 74...... 12979 952...... 13473 31...... 13275 361...... 13239 78...... 12979 970...... 13473 Proposed Rules: 27 CFR 42 CFR 50...... 13034 49 CFR 9...... 13429 410...... 13020, 13021 19...... 12853 38 CFR 412...... 13020, 13021 Proposed Rules: 229...... 13474 21...... 12853 3...... 13435 413...... 13020, 13021 22...... 13014 19...... 13437 485...... 13020, 13021 Proposed Rules: 50 CFR 28 CFR 44 CFR 25...... 12854 17...... 13461 17...... 13656 19...... 13463 65...... 13240, 13263 622...... 13440 30 CFR 635...... 13441 40 CFR 47 CFR 934...... 13015 648...... 12902, 13025 Proposed Rules: 55...... 12982 64...... 12917 679 ...... 12912, 13029, 13266, 917...... 13275 60...... 12871, 13438 73 ...... 12894, 12895, 12896, 13671, 13672 938...... 13277 70...... 12872 12897 697...... 13443 71...... 12972 90...... 13020, 13023 Proposed Rules: 32 CFR 72...... 12974 Proposed Rules: 17...... 13474, 13691 199...... 12855 74...... 12974 43...... 13690 300...... 13480 78...... 12974 51...... 13279 600...... 13279 33 CFR 82...... 13655 73 ...... 12920, 12921, 12922, 622...... 13692 100...... 13238, 13431 Proposed Rules: 13691 635...... 13692 117...... 13239, 13433 55...... 12986 648 ...... 13279, 13281, 13694, Proposed Rules: 63...... 13464 48 CFR 13695 117...... 13460 70...... 12916 1516...... 12897 660...... 13035, 13483
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REMINDERS SECURITIES AND applications; comments Critical habitat The items in this list were EXCHANGE COMMISSION due by 3-14-01; designations— editorially compiled as an aid Securities: published 2-27-01 Bay checkerspot butterfly; to Federal Register users. Abandoned offerings; DEFENSE DEPARTMENT comments due by 3-12- Inclusion or exclusion from integration; published 2-5- Federal Acquisition Regulation: 01; published 2-9-01 this list has no legal 01 Helium acquisition; Spruce-fir moss spider; significance. comments due by 3-12- correction; comments COMMENTS DUE NEXT 01; published 1-11-01 due by 3-14-01; published 2-27-01 WEEK ENVIRONMENTAL RULES GOING INTO PROTECTION AGENCY Dolly Varden; comments EFFECT MARCH 7, 2001 Air quality implementation due by 3-12-01; published AGRICULTURE plans; approval and 1-9-01 DEPARTMENT AGRICULTURE promulgation; various Marine mammals: Farm Service Agency DEPARTMENT States: Polar bear trophies; Agricultural Marketing Program regulations: Maryland; comments due by importation from Canada; Service Low-documentation direct 3-14-01; published 2-12- change in finding for Olives grown in— operating loan (Lo-Doc) 01 M’Clintock Channel regulations; California; published 3-6-01 New Jersey; comments due population; comments due implementation; comments by 3-12-01; published 1-9- by 3-12-01; published 1- ENVIRONMENTAL due by 3-12-01; published 01 10-01 PROTECTION AGENCY 1-9-01 Pesticides; tolerances in food, LABOR DEPARTMENT Air programs: AGRICULTURE animal feeds, and raw Employment and Training Stratospheric ozone DEPARTMENT agricultural commodities: Administration protection— Rural Business-Cooperative Tebufenozide; comments Welfare-to-work grants; Significant New Alternative Service due by 3-12-01; published Policy Program; 1-10-01 governing provisions; Program regulations: comments due by 3-12-01; correction; published 3- Superfund program: Low-documentation direct published 1-11-01 7-01 National oil and hazardous operating loan (Lo-Doc) NATIONAL AERONAUTICS FEDERAL regulations; substances contingency COMMUNICATIONS plan— AND SPACE implementation; comments ADMINISTRATION COMMISSION due by 3-12-01; published National priorities list Radio services, special: 1-9-01 update; comments due Federal Acquisition Regulation: Helium acquistion; Private land mobile AGRICULTURE by 3-12-01; published comments due by 3-12- services— DEPARTMENT 1-11-01 01; published 1-11-01 Exclusivity and frequency Rural Housing Service FEDERAL COMMUNICATIONS PENSION BENEFIT assignments policies; Program regulations: COMMISSION GUARANTY CORPORATION examination; revision; Low-documentation direct Radio services, special: Penalties; assessment and published 2-5-01 operating loan (Lo-Doc) Fixed microwave services— relief; policy statements; FEDERAL TRADE regulations; Multichannel video and comments due by 3-13-01; COMMISSION implementation; comments data distribution service; published 1-12-01 Practice and procedure: due by 3-12-01; published 12.2-12.7 GHz band; TRANSPORTATION Former members and 1-9-01 comments due by 3-12- DEPARTMENT employees; appearances AGRICULTURE 01; published 1-24-01 before Commission; DEPARTMENT Federal Aviation Radio stations; table of Administration restrictions; published 3-7- Rural Utilities Service assignments: Airworthiness directives: 01 Electric loans: California; comments due by HEALTH AND HUMAN Principal and interest; 3-12-01; published 2-1-01 Bombardier; comments due SERVICES DEPARTMENT payments extensions; Georgia; comments due by by 3-16-01; published 2- Food and Drug comments due by 3-12- 3-12-01; published 2-1-01 14-01 Administration 01; published 1-9-01 North Dakota; comments McDonnell Douglas; Food additives: Program regulations: due by 3-12-01; published comments due by 3-12- 01; published 2-14-01 Dimethyl dicarbonate; Low-documentation direct 2-1-01 published 3-7-01 operating loan (Lo-Doc) GENERAL SERVICES Raytheon; comments due by regulations; ADMINISTRATION 3-12-01; published 2-14- Paper and paperboard 01 components— implementation; comments Federal Acquisition Regulation: due by 3-12-01; published Class D airspace; comments Butanedioic acid, sulfo- Helium acquisition; 1-9-01 comments due by 3-12- due by 3-15-01; published 1,4-diisodecyl ester, 2-13-01 ammonium; published COMMERCE DEPARTMENT 01; published 1-11-01 3-7-01 National Oceanic and HEALTH AND HUMAN Class E airspace; comments Atmospheric Administration SERVICES DEPARTMENT due by 3-15-01; published HOUSING AND URBAN 1-31-01 DEVELOPMENT Fishery conservation and Health Care Financing Class E airspace; correction; DEPARTMENT management: Administration Medicare: comments due by 3-15-01; Public and Indian housing: Magnuson-Stevens Act published 2-12-01 Clinical psychology training Public housing agency provisions— programs; payment; TRANSPORTATION plans; poverty Domestic fisheries; comments due by 3-13- DEPARTMENT deconcentration and exempted fishing permit 01; published 1-12-01 public housing integration; applications; comments Federal Railroad deconcentration due by 3-14-01; INTERIOR DEPARTMENT Administration component applicability published 2-27-01 Fish and Wildlife Service Railroad workplace safety: date change; published 2- Domestic fisheries; Endangered and threatened Roadway maintenance 5-01 exempted fishing permit species: machine safety; comments
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due by 3-12-01; published comments due by 3-12- U.S. Government Printing enacted public laws. To 1-10-01 01; published 1-11-01 Office, Washington, DC 20402 subscribe, go to http:// TRANSPORTATION (phone, 202–512–1808). The hydra.gsa.gov/archives/ DEPARTMENT text will also be made publaws-l.html or send E-mail LIST OF PUBLIC LAWS available on the Internet from Saint Lawrence Seaway to [email protected] GPO Access at http:// Development Corporation with the following text This is the first in a continuing www.access.gpo.gov/nara/ Seaway regulations and rules: list of public bills from the index.html. Some laws may message: Tariff of tolls; fees and current session of Congress not yet be available. charges for 2001 which have become Federal SUBSCRIBE PUBLAWS-L navigation season; laws. It may be used in H.J. Res. 7/P.L. 107–1 Your Name. comments due by 3-12- conjunction with ‘‘PLUS’’ Recognizing the 90th birthday 01; published 2-9-01 (Public Laws Update Service) of Ronald Reagan. (Feb. 15, on 202–523–6641. This list is 2001; 115 Stat. 3) Note: This service is strictly VETERANS AFFAIRS for E-mail notification of new DEPARTMENT also available online at http:// laws. The text of laws is not Adjudications; pensions, www.nara.gov/fedreg. available through this service. compensation, dependency, Public Laws Electronic The text of laws is not PENS cannot respond to etc.: published in the Federal Notification Service specific inquiries sent to this Type 2 diabetes; herbicide Register but may be ordered (PENS) exposure; diseases in ‘‘slip law’’ (individual address. subject to presumptive pamphlet) form from the PENS is a free electronic mail service connection; Superintendent of Documents, notification service of newly
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