7–2–03 Wednesday Vol. 68 No. 127 July 2, 2003
Pages 39447–39804
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1 II Federal Register / Vol. 68, No. 127 / Wednesday, July 2, 2003
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2 III
Contents Federal Register Vol. 68, No. 127
Wednesday, July 2, 2003
Agriculture Department Reports and guidance documents; availability, etc.: See Commodity Credit Corporation Alternative fuel vehicle reports, 39509 See Farm Service Agency See Foreign Agricultural Service Commodity Credit Corporation See Forest Service RULES Loan and purchase programs: Alcohol and Tobacco Tax and Trade Bureau Crop insurance fraud; disqualification for benefits, RULES 39447–39448 Alcoholic beverages: Wine; labeling and advertising— Fruit and agricultural wines; amelioration; technical Corporation for National and Community Service amendments, 39454–39455 NOTICES PROPOSED RULES Grants and cooperative agreements; availability, etc.: Alcoholic beverages: AmeriCorps VISTA Program, 39532–39534 Dried fruit and honey wines production, 39500–39503 Defense Department Centers for Disease Control and Prevention See Navy Department NOTICES Agency information collection activities; proposals, Energy Department submissions, and approvals, 39568–39569 See Federal Energy Regulatory Commission Grants and cooperative agreements; availability, etc.: NOTICES Asthma; Addressing from Public Health Perspective, Meetings: 39569 Environmental Management Site-Specific Advisory Pfiesteria, other harmful algal blooms, and marine toxins, Board— expanding existing surveillance systems to include, Idaho National Engineering and Environmental 39569–39572 Laboratory, ID, 39535 Public Health Research Accreditation Project, 39572– 39574 Meetings: Environmental Protection Agency Disease, Disability, and Injury Prevention and Control RULES Special Emphasis Panels, 39574 Air quality implementation plans; approval and Mine Safety and Health Research Advisory Committee, promulgation; various States: 39574–39575 Texas, 39457–39460 Pesticides; tolerances in food, animal feeds, and raw Centers for Medicare & Medicaid Services agricultural commodities: NOTICES Famoxadone, 39462–39471 Medicare: Glyphosate; correction, 39460–39462 Home health agencies; prospective payment system (2004 PROPOSED RULES FY); update, 39763–39790 Air quality implementation plans; approval and promulgation; various States: Civil Rights Commission Texas, 39506–39507 NOTICES NOTICES Meetings; State advisory committees: Agency information collection activities; proposals, Arizona, 39508 submissions, and approvals, 39538–39541 Colorado, 39508 Pesticide, food, and feed additive petitions: E.I. du Pont de Nemours & Co., 39541–39547 Coast Guard Mitsui Chemicals, Inc., 39547–39554 RULES Syngenta Crop Protection, 39554–39557 Ports and waterways safety: Water supply: Lake Huron, Harbor Beach, MI; safety zone, 39455–39457 Public water supply supervision program— PROPOSED RULES Puerto Rico, 39557–39558 Anchorage regulations: Maryland, 39503–39506 Executive Office of the President Commerce Department See Presidential Documents See Foreign-Trade Zones Board See Trade Representative, Office of United States See Industry and Security Bureau See International Trade Administration Farm Service Agency See National Institute of Standards and Technology RULES See National Oceanic and Atmospheric Administration Farm marketing quotas, acreage allotments, and production NOTICES adjustments: Agency information collection activities; proposals, Crop insurance fraud; disqualification for benefits, submissions, and approvals, 39508–39509 39447–39448
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Federal Aviation Administration Federal Reserve System RULES NOTICES Airworthiness directives: Banks and bank holding companies: International Aero Engines AG; correction, 39449 Change in bank control, 39563 MD Helicopters, Inc., 39449–39452 Formations, acquisitions, and mergers, 39563–39564 PROPOSED RULES Meetings; Sunshine Act, 39564 Airworthiness directives: Boeing, 39483–39490 Federal Trade Commission NOTICES Advisory circulars; availability, etc.: NOTICES Dynamic seat certification by analysis; methodology use Prohibited trade practices: in airplanes and rotorcraft, 39616 Nestle Holdings, Inc., et al., 39564–39567 Agency information collection activities; proposals, submissions, and approvals, 39616–39617 Financial Management Service Exemption petitions; summary and disposition, 39617– See Fiscal Service 39618 Passenger facility charges; applications, etc.: Fiscal Service Wichita Mid-Continent Airport, KS, 39618 NOTICES Technical standard orders: Agency information collection activities; proposals, Electronic map display equipment for aircraft position submissions, and approvals, 39620–39621 graphical depiction, 39618–39619 Fish and Wildlife Service Federal Bureau of Investigation RULES NOTICES Endangered and threatened species: Agency information collection activities; proposals, Critical habitat designations— submissions, and approvals, 39597 Plant species from Hawaii, HI, 39623–39761 PROPOSED RULES Federal Communications Commission Endangered and threatened species: RULES Beluga sturgeon, 39507 Common carrier services: NOTICES Federal-State Joint Board on Universal Service— Endangered and threatened species: Schools and libraries; universal service support Findings on petitions, etc.— mechanism; correction, 39471 Mexican bobcat, 39590–39593 NOTICES Endangered and threatened species permit applications, Agency information collection activities; proposals, 39589–39590 submissions, and approvals, 39558–39559 Environmental statements; availability, etc.: Common carrier services: Atlantic Flyway; mute swans management, 39593 Federal-State Joint Board on Universal Service— Meetings: Nextel Partners; eligibility designation as Aquatic Nuisance Species Task Force, 39593–39594 telecommunications carrier in Virginia; petition, 39559–39560 Food and Drug Administration In-region interLATA services— NOTICES Qwest Communications International Inc.; application Agency information collection activities; proposals, to provide services in Minnesota, 39560–39561 submissions, and approvals, 39575 Food additive petitions: Federal Energy Regulatory Commission Eastman Chemical Co. et al.; withdrawn, 39575–39577 NOTICES Meetings: Electric rate and corporate regulation filings: Proprietary drug names evaluation for confusion Midwest Independent Transmission System Operator, potential; medication errors minimization; correction, Inc., et al., 39535–39538 39577
Federal Highway Administration Foreign Agricultural Service NOTICES PROPOSED RULES Environmental statements; notice of intent: Farmers Trade Adjustment Assistance Program, 39478– Prince George, Sussex, Surry, Southampton, and Isle of 39483 Wight Counties, and Suffolk, VA, 39619 Foreign-Trade Zones Board Federal Maritime Commission NOTICES NOTICES Applications, hearings, determinations, etc.: Agreements filed, etc., 39561 New York Investigations, hearings, petitions, etc.: Festo Corp.; pneumatic industrial automation FSL International, Inc., et al., 39561–39562 components manufacturing facilities, 39509–39510 Ocean transportation intermediary licenses: Various States Air Van Lines, Inc., et al., 39562–39563 Flint Ink North America Corp.; pigments, inks, and Draft Cargoways India Private Ltd. et al., 39563 varnish products manufacturing and distribution World 2000 Services, Inc., 39563 facilities; withdrawn, 39510
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Forest Service International Trade Administration NOTICES NOTICES Meetings: Agency information collection activities; proposals, Resource Advisory Committees— submissions, and approvals, 39511 Colville, 39508 Antidumping: Colored synthetic organic oleoresinous pigment General Accounting Office dispersions from— NOTICES India, 39513–39515 Reports and guidance documents; availability, etc.: Mechanical transfer presses from— Government auditing standards (Yellow Book), 39567– Japan, 39515–39516 39568 Oil country tubular goods, other than drill pipe, from— Argentina, 39516–39518 Polyvinyl alcohol from— General Services Administration Japan, 39518–39520 NOTICES Preserved mushrooms from— Environmental statements; notice of intent: Indonesia, 39520–39522 San Ysidro, CA; San Ysidro Border Station expansion, Antidumping and countervailing duties: 39568 Administrative review requests, 39511–39513 Cheese quota; foreign government subsidies: Health and Human Services Department Quarterly update, 39522–39523 See Centers for Disease Control and Prevention Countervailing duties: See Centers for Medicare & Medicaid Services Colored synthetic organic oleoresinous pigment See Food and Drug Administration dispersions from— See Health Resources and Services Administration India, 39523–39526 See National Institutes of Health See Substance Abuse and Mental Health Services International Trade Commission Administration NOTICES Import investigations: Compact disc and DVD holders, 39594–39595 Health Resources and Services Administration Meetings; Sunshine Act, 39595 NOTICES Grants and cooperative agreements; availability, etc.: Justice Department Small Rural Hospital Improvement Program, 39577– See Federal Bureau of Investigation 39578 NOTICES Pollution control; consent judgments: Homeland Security Department Baltimore, MD, Mayor and City Council, 39595–39596 See Coast Guard Morton International, Inc., 39596 Northern States Power Co., 39596–39597 Housing and Urban Development Department Labor Department NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 39588–39589 submissions, and approvals, 39597–39599
Industry and Security Bureau National Communications System NOTICES NOTICES Meetings: Meetings: Materials Technical Advisory Committee, 39510–39511 National Security Telecommunications Advisory Committee, 39599–39600 Interior Department National Highway Traffic Safety Administration See Fish and Wildlife Service RULES NOTICES Motor vehicle theft prevention standard: Meetings: High-theft vehicle lines for 2004 model year; listing, Delaware and Lehigh National Heritage Corridor 39471–39477 Commission, 39589 National Institute of Standards and Technology Internal Revenue Service NOTICES RULES Committees; establishment, renewal, termination, etc.: Income taxes: Advanced Technology Program Advisory Committee, Compensatory stock options transfers, 39453–39454 39527 Outbound liquidations into foreign corporations; anti- Advanced Technology Visiting Committee, 39526–39527 abuse rule, 39452–39453 Information Security and Privacy Advisory Board, 39527– PROPOSED RULES 39528 Income taxes: Malcolm Baldrige National Quality Award— Compensatory stock options transfers; cross-reference, Board of Overseers, 39529–39530 39498 Panel of Judges, 39528–39529 Procedure and administration: Manufacturing Extension Partnership National Advisory Capital account revaluations, 39498–39500 Board, 39530
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National Institutes of Health Small Business Administration NOTICES RULES Meetings: Smalll business size standards: National Cancer Institute, 39578–39579 Nonmanufacturer rule; waivers— National Institute of Arthritis and Musculoskeletal and Other ordnances and accessories manufacturing, Skin Diseases, 39580–39581 39448–39449 National Institute of Child Health and Human NOTICES Development, 39581 Agency information collection activities; proposals, National Institute of Diabetes and Digestive and Kidney submissions, and approvals, 39610 Diseases, 39581–39584 Disaster loan areas: National Institute of General Medical Sciences, 39582 Arkansas, 39610 National Institute of Mental Health, 39579–39580, 39583 West Virginia, 39610–39611 National Institute of Neurological Disorders and Stroke, 39584–39585 National Institute on Aging, 39584 Social Security Administration National Institute on Alcohol Abuse and Alcoholism, NOTICES 39581–39582 Social security rulings: National Institute on Drug Abuse, 39581 Postpolio sequelae; disability claims development and Scientific Review Center, 39585 evaluation, 39611–39614 National Oceanic and Atmospheric Administration State Department NOTICES NOTICES Agency information collection activities; proposals, Art objects; importation for exhibition: submissions, and approvals, 39530–39531 Petra Rediscovered, 39614 Meetings: Science Advisory Board, 39531–39532 Permits: Substance Abuse and Mental Health Services Foreign fishing, 39532 Administration NOTICES Navy Department Agency information collection activities; proposals, NOTICES submissions, and approvals, 39585–39587 Meetings: Grants and cooperative agreements; availability, etc.: Naval Research Advisory Committee, 39534–39535 National Child Traumatic Stress Initiative Intervention Nuclear Regulatory Commission Development and Evaluation Centers, 39587–39588 NOTICES Agency information collection activities; proposals, Surface Transportation Board submissions, and approvals, 39600 NOTICES Meetings: Rail carriers: Industry Initiating Events Performance Indicator for Railroad revenue adequacy determinations; Class I Industry Trends Program; workshop, 39600–39601 railroads, 39619–39620 Railroad services abandonment: Office of United States Trade Representative Union Pacific Railroad Co., 39620 See Trade Representative, Office of United States
Peace Corps Trade Representative, Office of United States PROPOSED RULES NOTICES Freedom of Information Act; implementation, 39490–39498 Trade Policy Staff Committee: Various countries; duty drawback and deferral in Presidential Documents negotiations, 39614–39615 PROCLAMATIONS Special observances: Death of James Strom Thurmond (Proc. 7688), 39791– Transportation Department 39793 See Federal Aviation Administration Trade: See Federal Highway Administration Generalized System of Preferences; modification of duty- See National Highway Traffic Safety Administration free treatment (Proc. 7689), 39795–39804 See Surface Transportation Board NOTICES Public Debt Bureau Aviation proceedings: See Fiscal Service Agreements filed; weekly receipts, 39615–39616 Certificates of public convenience and necessity and Securities and Exchange Commission foreign air carrier permits; weekly applications, NOTICES 39616 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 39601–39603 Chicago Stock Exchange, Inc., 39603–39604 Treasury Department International Securities Exchange, Inc., 39604–39605 See Alcohol and Tobacco Tax and Trade Bureau National Association of Securities Dealers, Inc., 39605– See Fiscal Service 39610 See Internal Revenue Service
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Separate Parts In This Issue Reader Aids Part II Consult the Reader Aids section at the end of this issue for Interior Department, Fish and Wildlife Service, 39623– phone numbers, online resources, finding aids, reminders, 39761 and notice of recently enacted public laws. Part III To subscribe to the Federal Register Table of Contents Health and Human Services Department, Centers for LISTSERV electronic mailing list, go to http:// Medicare & Medicaid Services, 39763–39790 listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change Part IV settings); then follow the instructions. Executive Office of the President, Presidential Documents, 39791–39793, 39795–39804
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 7688...... 39793 7689...... 39795 7 CFR 718...... 39447 1405...... 39447 Proposed Rules: 1580...... 39478 13 CFR 121...... 39448 14 CFR 39 (2 documents) ...... 39449 Proposed Rules: 39 (2 documents) ...... 39483, 39485 22 CFR Proposed Rules: 303...... 39490 26 CFR 1 (2 documents) ...... 39452, 39453 Proposed Rules: 1...... 39498 301...... 39498 27 CFR 4...... 39454 Proposed Rules: 4...... 39500 24...... 39500 33 CFR 165...... 39455 Proposed Rules: 110...... 39503 40 CFR 52...... 39457 180 (2 documents) ...... 39460, 39462 Proposed Rules: 52...... 39506 47 CFR 0...... 39471 54...... 39471 49 CFR 541...... 39471 50 CFR 17...... 39624 Proposed Rules: 17...... 39507
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Rules and Regulations Federal Register Vol. 68, No. 127
Wednesday, July 2, 2003
This section of the FEDERAL REGISTER Other assistance programs are also Executive Order 12612 contains regulatory documents having general impacted. applicability and legal effect, most of which This rule does not have sufficient are keyed to and codified in the Code of Regulatory Flexibility Act Federalism implications to warrant the Federal Regulations, which is published under preparation of a Federalism Assessment. 50 titles pursuant to 44 U.S.C. 1510. The Regulatory Flexibility Act is not The provisions contained in this rule applicable to this rule. will not have a substantial direct effect The Code of Federal Regulations is sold by on States or their political subdivisions, the Superintendent of Documents. Prices of Environmental Evaluation new books are listed in the first FEDERAL or on the distribution of power and REGISTER issue of each week. The environmental impacts of this responsibilities among the various proposed rule have been considered in levels of government. accordance with the provisions of the Discussion of Final Rule DEPARTMENT OF AGRICULTURE National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., the This rule implements section 121(a) Farm Service Agency regulations of the Council on of the Agricultural Risk Protection Act Environmental Quality (40 CFR parts of 2000 (ARPA) (Pub. L. 106–224), Commodity Credit Corporation 1500–1508), and the FSA and CCC enacted June 20, 2000. ARPA amended regulations for compliance with NEPA, the Federal Crop Insurance Act (7 U.S.C. 7 CFR Parts 718 and 1405 7 CFR part 799. After evaluating the 1514) to provide that a producer may be effects of the proposed action it was disqualified for a period of up to 5 years RIN 0560–AG70 determined that no extraordinary from receiving certain benefits under a number of programs administered by Disqualification for Crop Insurance circumstances or other unforeseeable the Department of Agriculture. A Fraud factors exist which would require preparation of an environmental proposed rule, proposing to apply the AGENCY: Farm Service Agency, assessment or environmental impact disqualification to programs Commodity Credit Corporation, USDA. statement. administered by FSA or conducted ACTION: Final rule. using funds of CCC, was published on Executive Order 12988 September 12, 2002 (67 FR 57759). SUMMARY: This rule implements Comments were accepted for 60 days This rule has been reviewed in statutory provisions which render a and no comments were received. Since accordance with Executive Order 12988. producer ineligible for certain programs this rule affects programs of CCC and This final rule preempts any State law administered by the Farm Service FSA, it has been determined that its that is inconsistent with its provisions. Agency (FSA), or Commodity Credit changes should be set forth in both FSA Before any legal action may be brought Corporation (CCC), of the United States and CCC regulations. Accordingly, the concerning this rule, all administrative Department of Agriculture (USDA) if final rule is changed from the proposed remedies provided must be exhausted. that person is found to have engaged in to reflect that it will appear in two crop insurance fraud. Executive Order 12372 places in the Code of Federal DATES: Effective: July 2, 2003. Regulations. Also, the final rule adds Executive Order 12372 requires section 1405.8 instead of section 1405.7 FOR FURTHER INFORMATION CONTACT: consultation by Federal Agencies with as indicated in the proposed rule. Sandy Bryant, Branch Chief, State and local officials when providing Production, Emergencies, and Section 1405.7 was added by a final rule funds or assistance that may require October 21, 2002 to implement Compliance Division, FSA, USDA, non-Federal input. The programs STOP 0517, 1400 Independence requirements of the Uruguay Round affected by this rule were excluded from Agreements Act. Avenue, SW., Washington, DC 20250– the scope of this Executive Order in the 0517, telephone (202) 720–4380. Notice related to 7 CFR part 3015 List of Subjects SUPPLEMENTARY INFORMATION: published at 48 FR 29115 on June 24, 7 CFR Part 718 1983. Executive Order 12866 Acreage allotments, Agricultural This final rule was reviewed in Unfunded Mandates Reform Act of commodities, Marketing quotas. conformance with Executive Order 1995 7 CFR Part 1405 12866, has been determined to be not significant, and therefore has not been This rule contains no Federal Loan programs—agricultural, Price reviewed by the Office of Management mandates as defined in Title II of the support programs. and Budget. Unfunded Mandates Reform Act of 1995 (UMRA). Thus, this rule is not subject ■ Accordingly, Title 7 of the Code of Federal Assistance Programs to the requirements of sections 202 and Federal Regulations is to be amended as follows: This rule has a potential impact on all 205 of UMRA. programs listed in the Catalog of Federal Paperwork Reduction Act PART 718—PROVISIONS APPLICABLE Domestic Assistance in the Agency TO MULTIPLE PROGRAMS Program Index under the Department of This rule has no effect on the Agriculture, Farm Service Agency and information collection requirements of ■ 1. The authority for part 718 continues Natural Resources Conservation Service. the Agency. to read as follows:
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Authority: 7 U.S.C. 1311 et seq.; 7 U.S.C. PART 1405—LOANS, PURCHASES (c) Other sanctions may also apply. 1501 et seq; 7 U.S.C. 1921 et seq.; 7 U.S.C. AND OTHER OPERATIONS 7201 et seq.; 15 U.S.C. 714b. Signed in Washington, DC, on June 17, 2003. ■ 3. The authority citation for part 1405 James R. Little, Subpart A—General Provisions is revised to read as follows: Administrator, Farm Service Agency, ■ 2. Section 718.11 is added to read as Authority: 7 U.S.C. 1515; 7 U.S.C. 7991(e); Executive Vice President, Commodity Credit follows: 15 U.S.C. 714b and 714c. Corporation. ■ [FR Doc. 03–16663 Filed 7–1–03; 8:45 am] § 718.11 Disqualification due to federal 4. Section 1405.8 is added to read as crop insurance fraud. follows: BILLING CODE 0341–05–P (a) Section 515(h) of the Federal Crop § 1405.8 Disqualification due to Federal crop insurance fraud. Insurance Act (FCIA) provides that a SMALL BUSINESS ADMINISTRATION person who willfully and intentionally (a) Section 515(h) of the Federal Crop provides any false or inaccurate Insurance Act (FCIA) provides that a 13 CFR Part 121 information to the Federal Crop person who willfully and intentionally Insurance Corporation (FCIC) or to an provides any false or inaccurate Small Business Size Standards; approved insurance provider with information to the Federal Crop Waiver of the Nonmanufacturer Rule respect to a policy or plan of FCIC Insurance Corporation (FCIC) or to an insurance after notice and an approved insurance provider with AGENCY: Small Business Administration. opportunity for a hearing on the record, respect to a policy or plan of FCIC ACTION: Final decision to waive the will be subject to one or more of the insurance after notice and an nonmanufacturer rule. sanctions described in section 515(h)(3). opportunity for a hearing on the record, SUMMARY: This document advises the In section 515(h)(3), the FCIA specifies will be subject to one or more of the public that the U.S. Small Business that in the case of a violation committed sanctions described in section 515(h)(3). Administration (SBA) is establishing a by a producer, the producer may be In section 515(h)(3), the FCIA specifies waiver of the Nonmanufacturer Rule for disqualified for a period of up to 5 years that in the case of a violation committed Other Ordnances and Accessories from receiving any monetary or non- by a producer, the producer may be Manufacturing. The basis for waivers is monetary benefit under a number of disqualified for a period of up to 5 years that no small business manufacturers programs. The list includes, but is not from receiving any monetary or non- are supplying these classes of products limited to, benefits under: monetary benefit under a number of to the Federal government. The effect of (1) Title V of the FCIA. programs. The list includes, but is not a waiver would be to allow otherwise (2) The Agricultural Market limited to, benefits under: qualified regular dealers to supply the Transition Act (7 U.S.C. 7201 et seq.), (1) Title V of the FCIA. products of any domestic manufacturer including the Noninsured Crop Disaster (2) The Agricultural Market on a Federal contract set aside for small Assistance Program under section 196 of Transition Act (7 U.S.C. 7201 et seq.), businesses or awarded through the SBA that Act (7 U.S.C. 7333). including the Noninsured Crop Disaster 8(a) Program. (3) The Agricultural Act of 1949 (7 Assistance Program under section 196 of U.S.C. 1421 et seq.). that Act (7 U.S.C. 7333). EFFECTIVE DATE: July 11, 2003. (3) The Agricultural Act of 1949 (7 (4) The Commodity Credit ADDRESS COMMENTS TO: Edith Butler, U.S.C. 1421 et seq.). Corporation Charter Act (15 U.S.C. 714 Program Analyst, U.S. Small Business (4) The Commodity Credit Administration, 409 3rd Street, SW., et seq). Corporation Charter Act (15 U.S.C. 714 (5) The Agricultural Adjustment Act Washington, DC 20416, Tel: (202) 619– et seq). 0422. of 1938 (7 U.S.C. 1281 et seq.). (5) The Agricultural Adjustment Act (6) Title XII of the Food Security Act of 1938 (7 U.S.C. 1281 et seq.). FOR FURTHER INFORMATI0N CONTACT: of 1985 (16 U.S.C. 3801 et seq.). (6) Title XII of the Food Security Act Edith Butler, Program Analyst, (202) (7) Any law that provides assistance of 1985 (16 U.S.C. 3801 et seq.). 619–0422, FAX: (202) 205–7280. to a producer of an agricultural (7) Any law that provides assistance SUPPLEMENTARY INFORMATION: Pub. L. commodity affected by a crop loss or a to a producer of an agricultural 100–656, enacted on November 15, decline in prices of agricultural commodity affected by a crop loss or a 1988, incorporated into the Small commodities. decline in prices of agricultural Business Act the previously existing (b) Violation determinations are made commodities. regulation that recipients of Federal by FCIC. However, upon notice from (b) Violation determinations are made contracts set aside for small businesses FCIC to FSA that a producer has been by FCIC. However, upon notice from or SBA’s 8(a) Program must provide the found to have committed a violation to FCIC to CCC that a producer has been product of a small business which paragraph (a) of this section found to have committed a violation to manufacturer or processor, if the applies, that person shall be considered which paragraph (a) of this section recipient is other than the actual ineligible for payments under the applies, that person shall be considered manufacturer or processor. This programs specified in paragraph (a) of ineligible for payments under the requirement is commonly referred to as this section that are funded by FSA for programs specified in paragraph (a) of the Nonmanufacturer Rule. The SBA the same period of time for which, as this section that are funded by CCC for regulations imposing this requirement determined by FCIC, the producer will the same period of time for which, as are found at 13 CFR 121.406(b). Section be ineligible for crop insurance benefits determined by FCIC, the producer will 303(h) of the law provides for waiver of of the kind referred to in paragraph be ineligible for crop insurance benefits this requirement by SBA for any ‘‘class (a)(1) of this section. Appeals of the of the kind referred to in paragraph of products’’ for which there are no determination of ineligibility will be (a)(1) of this section. Appeals of the small business manufacturers or administered under the rules set by determination of ineligibility will be processors in the Federal market. FCIC. administered under the rules set by To be considered available to (c) Other sanctions may also apply. FCIC. participate in the Federal market on
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these classes of products, a small England Executive Park, Burlington, MA SUMMARY: This document publishes in business manufacturer must have 01803; telephone (781) 238–7132; fax the Federal Register an amendment submitted a proposal for a contract (781) 238–7199. adopting Airworthiness Directive (AD) solicitation or received a contract from SUPPLEMENTARY INFORMATION: A final 2003–08–51, which was sent previously the Federal government within the last rule AD, FR Doc, 03–14133 applicable to all known U.S. owners and operators 24 months. The SBA defines ‘‘class of to IAE V2522–A5, V2524–A5, V2527– of the specified model MD Helicopters, products’’ based on a six digit North A5, V2527E–A5, V2527M–A5, V2530– Inc. helicopters by individual letters. American Industry Classification A5, and V2533–A5 turbofan engines, This AD requires reducing the System (NAICS) and the four digit was published in the Federal Register retirement life of certain tail rotor Product and Service Code established on June 5, 2003 (68 FR 33621). The blades, performing a one-time visual by the Federal Procurement Data following correction is needed: inspection of each tail rotor blade pitch System. horn (pitch horn) for a crack or The U.S. Small Business § 39.13 [Corrected] corrosion, and replacing unairworthy Administration is currently processing a On page 33621, in the third column, tail rotor blades with airworthy tail rotor request to waive the Nonmanufacturer in the Heading Section, in the blades. This AD also requires revising Rule for Other Ordnance and Airworthiness Directives title, the Airworthiness Limitations section of Accessories Manufacturing, NAICS ‘‘International Aero Engines AG (IAE) the helicopter maintenance manual to 332995. V2522–A5, V2524–A5, V2527–A5, reflect the reduced retirement life, and V2527E–A5, V2527M–A5, and V2530– reporting information to the FAA within Linda G. Williams, A5 Turbofan Engines ‘‘is corrected to 24 hours following the one-time Associate Administrator for Government read’’ International Aero Engines AG inspection. The actions specified by this Contracting. (IAE) V2522–A5, V2524–A5, V2527–A5, AD are intended to prevent a pitch horn [FR Doc. 03–16717 Filed 7–1–03; 8:45 am] V2527E–A5, V2527M–A5, V2530–A5, from separating from the tail rotor blade, BILLING CODE 8025–01–P and V2533–A5 Turbofan Engines’’. In leading to an unbalanced condition, the same column, in the Summary vibration, loss of tail rotor pitch control, section, in the fourth and fifth lines, and loss of directional control of the DEPARTMENT OF TRANSPORTATION ‘‘V2527E–A5, V2527M–A5, and V2530– helicopter. A5 turbofan engines’’ is corrected to DATES: Effective July 17, 2003, to all Federal Aviation Administration read ‘‘V2527E–A5, V2527M–A5, V2530– persons except those persons to whom A5, and V2533–A5 turbofan engines’’. it was made immediately effective by 14 CFR Part 39 On page 33622, in the first column, in Emergency AD 2003–08–51, issued on the Supplementary Information section, [Docket No. 2003–NE–21–AD; Amendment April 15, 2003, which contained the in third and fourth lines, change 39–13183; AD 2003–11–23] requirements of this amendment. ‘‘V2527–A5, V2527E–A5, V2527M–A5, Comments for inclusion in the Rules RIN 2120–AA64 and V2530–A5’’ to ‘‘V2527–A5, Docket must be received on or before V2527E–A5, V2527M–A5, V2530–A5, September 2, 2003. Airworthiness Directives; International and V2533–A5’’. In the same column, ADDRESSES: Submit comments in Aero Engines AG (IAE) V2522–A5, third paragraph, fourth and fifth lines, triplicate to the Federal Aviation V2524–A5, V2527–A5, V2527E–A5, change ‘‘V2527–A5, V2527E–A5, Administration (FAA), Office of the V2527M–A5, V2530–A5, and V2533–A5 V2527M–A5, and V2530–A5’’ to Regional Counsel, Southwest Region, Turbofan Engines; Correction ‘‘V2527–A5, V2527E–A5, V2527M–A5, Attention: Rules Docket No. 2003–SW– AGENCY: Federal Aviation V2530–A5, and V2533–A5’’. 17–AD, 2601 Meacham Blvd., Room Administration, DOT. Issued in Burlington, MA, on June 26, 663, Fort Worth, Texas 76137. You may ACTION: Final rule; correction 2003. also send comments electronically to Francis A. Favara, the Rules Docket at the following SUMMARY: This document makes a Acting Manager, Engine and Propeller address: [email protected]. correction to Airworthiness Directive Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: Fred (AD) 2003–11–23 applicable to IAE [FR Doc. 03–16690 Filed 7–1–03; 8:45 am] Guerin, Aviation Safety Engineer, FAA, V2522–A5, V2524–A5, V2527–A5, BILLING CODE 4910–13–P Los Angeles Aircraft Certification V2527E–A5, V2527M–A5, V2530–A5, Office, Airframe Branch, 3960 and V2533–A5 turbofan engines that Paramount Blvd., Lakewood, California was published in the Federal Register DEPARTMENT OF TRANSPORTATION 90712, telephone (562) 627–5232, fax on June 5, 2003 (68 FR 33621). The lists Federal Aviation Administration (562) 627–5210. of engine models in the Airworthiness SUPPLEMENTARY INFORMATION: On April Directives title, the Summary, the 14 CFR Part 39 15, 2003, the FAA issued Emergency AD Supplementary Information, and the 2003–08–51 for the specified model Applicability section are incorrect. This [Docket No. 2003–SW–17–AD; Amendment helicopters, which requires, before document corrects those listings. Also, 39–13215; AD 2003–08–51] further flight, reducing the retirement paragraph (c) of the regulatory text was RIN 2120–AA64 life of certain tail rotor blades from incorrectly printed as run-in with the 5,140, 5,200, or 10,000 hours time-in- heading Applicability. In all other Airworthiness Directives; MD service (TIS) to 400 hours TIS, respects, the original document remains Helicopters, Inc. Model 369A, D, E, H, performing a one-time visual inspection the same. HE, HM, HS, F, and FF Helicopters of each pitch horn for a crack or EFFECTIVE DATE: Effective June 20, 2003. AGENCY: Federal Aviation corrosion, and replacing unairworthy FOR FURTHER INFORMATION CONTACT: Administration, DOT. tail rotor blades with airworthy tail rotor Glorianne Niebuhr, Aerospace Engineer, blades. The Emergency AD also requires ACTION: Final rule; request for Engine Certification Office, FAA, Engine revising the Airworthiness Limitations comments. and Propeller Directorate, 12 New section of the helicopter maintenance
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manual to reflect the reduced retirement HE, HM, HS, F, and FF helicopters. substance of this AD will be filed in the life, and reporting information to the These conditions still exist, and the AD Rules Docket. FAA within 24 hours following the one- is hereby published in the Federal Commenters wishing the FAA to time inspection. That action was Register as an amendment to 14 CFR acknowledge receipt of their mailed prompted by two reports of cracked 39.13 to make it effective to all persons. comments submitted in response to this pitch horns that failed during flight. In The Emergency AD contained two rule must submit a self-addressed, both occurrences, the pilot was able to typographical errors that are corrected stamped postcard on which the land the helicopter without further in this AD. Paragraph (c) of the following statement is made: incident. Investigation revealed that the Emergency AD stated ‘‘400 hours TIS’’ ‘‘Comments to Docket No. 2003–SW– cause of the failures was a fatigue crack twice, and the ‘‘or’’ in the listing of part 17–AD.’’ The postcard will be date in the pitch horns that developed before numbers should have been ‘‘and’’. stamped and returned to the the tail rotor blade reached its On July 10, 2002, the FAA issued a commenter. retirement life. This condition, if not new version of 14 CFR part 39 (67 FR The regulations adopted herein will corrected, could result in a pitch horn 47997, July 22, 2002), which governs the not have a substantial direct effect on separating from the tail rotor blade, FAA’s AD system. The regulation now the States, on the relationship between leading to an unbalanced condition, includes material that relates to altered the national Government and the States, vibration, loss of tail rotor pitch control, products, special flight permits, and or on the distribution of power and and loss of directional control of the alternative methods of compliance. responsibilities among the various helicopter. Because we have now included this levels of government. Therefore, it is Since the unsafe condition described material in part 39, we no longer need determined that this final rule does not is likely to exist or develop on other MD to include it in each individual AD. have federalism implications under Helicopters, Inc. Model 369A, D, E, H, The FAA estimates that this AD will Executive Order 13132. HE, HM, HS, F, and FF helicopters of affect 213 helicopters of U.S. registry, The FAA has determined that this the same type designs, the FAA issued and replacing the tail rotor blades will regulation is an emergency regulation Emergency AD 2003–08–51 to prevent a take approximately 2 work hours per that must be issued immediately to pitch horn from separating from the tail helicopter to accomplish at an average correct an unsafe condition in aircraft, rotor blade, leading to an unbalanced labor rate of $60 per work hour. and that it is not a ‘‘significant condition, vibration, loss of tail rotor Required parts will cost approximately regulatory action’’ under Executive pitch control, and loss of directional $2,000 per helicopter. Based on these Order 12866. It has been determined control of the helicopter. The AD figures, we estimate the total cost further that this action involves an requires, before further flight, reducing the retirement life of certain tail rotor impact of the AD on U.S. operators to emergency regulation under DOT blades from 5,140, 5,200, or 10,000 be $2,120 per helicopter, or $451,560 to Regulatory Policies and Procedures (44 hours TIS to 400 hours TIS, performing replace all the blades in the fleet. FR 11034, February 26, 1979). If it is determined that this emergency a one-time visual inspection of each Comments Invited pitch horn for a crack or corrosion, and regulation otherwise would be replacing unairworthy tail rotor blades Although this action is in the form of significant under DOT Regulatory with airworthy tail rotor blades. The AD a final rule that involves requirements Policies and Procedures, a final also requires revising the Airworthiness affecting flight safety and, thus, was not regulatory evaluation will be prepared Limitations section of the helicopter preceded by notice and an opportunity and placed in the Rules Docket. A copy maintenance manual to reflect the for public comment, comments are of it, if filed, may be obtained from the reduced retirement life, and reporting invited on this rule. Interested persons Rules Docket at the location provided information to the FAA within 24 hours are invited to comment on this rule by under the caption ADDRESSES. submitting such written data, views, or following the one-time inspection. The List of Subjects in 14 CFR Part 39 short compliance time involved is arguments as they may desire. required because the previously Communications should identify the Air transportation, Aircraft, Aviation described critical unsafe condition can Rules Docket number and be submitted safety, Safety. in triplicate to the address specified adversely affect the structural integrity Adoption of the Amendment of the helicopter. Therefore, reducing under the caption ADDRESSES. All the retirement life of certain tail rotor communications received on or before ■ Accordingly, pursuant to the authority blades; performing a one-time visual the closing date for comments will be delegated to me by the Administrator, inspection of each pitch horn; replacing considered, and this rule may be the Federal Aviation Administration unairworthy tail rotor blades; and amended in light of the comments amends part 39 of the Federal Aviation revising the Airworthiness Limitations received. Factual information that Regulations (14 CFR part 39) as follows: section of the helicopter maintenance supports the commenter’s ideas and manual to reflect the reduced retirement suggestions is extremely helpful in PART 39—AIRWORTHINESS life are required before further flight, evaluating the effectiveness of the AD DIRECTIVES action and determining whether and this AD must be issued ■ additional rulemaking action would be 1. The authority citation for part 39 immediately. continues to read as follows: Since it was found that immediate needed. corrective action was required, notice Comments are specifically invited on Authority: 49 U.S.C. 106(g), 40113, 44701. and opportunity for prior public the overall regulatory, economic, § 39.13 [Amended] comment thereon were impracticable environmental, and energy aspects of and contrary to the public interest, and the rule that might suggest a need to ■ 2. Section 39.13 is amended by adding good cause existed to make the AD modify the rule. All comments a new airworthiness directive to read as effective immediately by individual submitted will be available in the Rules follows: letters issued on April 15, 2003, to all Docket for examination by interested 2003–08–51 MD Helicopters, Inc.: known U.S. owners and operators of MD persons. A report that summarizes each Amendment 39–13215. Docket No. Helicopters, Inc. Model 369A, D, E, H, FAA-public contact concerned with the 2003–SW–17–AD.
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Applicability: Model 369A, D, E, H, HE, rotor blade, leading to an unbalanced an airworthy tail rotor blade within 10 hours HM, HS, F, and FF helicopters, with tail rotor condition, vibration, loss of tail rotor pitch TIS. blades, part number (P/N) 369D21640–501, control, and loss of directional control of the (b) Before further flight, perform a one-time 369D21641–501, 369D21642–501, helicopter, accomplish the following: visual inspection of each pitch horn for a 369D21643–501, 500P3100–101, 500P3100– (a) This airworthiness directive (AD) crack or corrosion in the area indicated by 301, 500P3300–501, or 500P3500–701, establishes a new retirement life of 400 hours installed, certificated in any category. time-in-service (TIS) for the tail rotor blades Note 2 in Figure 1 of this AD. Paint removal Compliance: Required as indicated, unless listed in the Applicability section. For in accordance with Note 1 of Figure 1 of this accomplished previously. helicopters with an affected tail rotor blade AD is not required for the visual inspection. To prevent a tail rotor blade pitch horn installed that has 390 through 700 hours TIS, BILLING CODE 4910–13–P (pitch horn) from separating from the tail remove and replace the tail rotor blade with
BILLING CODE 4910–13–C 501, 369D21641–501, 369D21642–501, repair facility may be issued only upon (c) Revise the helicopter Airworthiness 369D21643–501, 500P3100–101, 500P3100– completion of an eddy current surface scan Limitations section of the maintenance 301, 500P3300–501, and 500P3500–70. of each affected pitch horn (see Figure 1 of manual by making pen-and-ink changes to (d) For helicopters with a tail rotor blade this AD). Paint removal in accordance with indicate the new retirement life of 400 hours installed that has more than 700 hours TIS, Note 1 of the Figure 1 of this AD IS required TIS for the tail rotor blades, P/N 369D21640– a one-time special flight permit to fly it to a for the surface scan. If a crack is found,
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remove the tail rotor blade and replace it Issued in Fort Worth, Texas, on June 3, 02 in the Federal Register at 67 FR with an airworthy tail rotor blade before 2003. 70031) that would amend an anti-abuse further flight. Mark R. Schilling, rule in the final regulations to limit its (e) Within 24 hours after completing the Acting Manager, Rotorcraft Directorate, application only to outbound requirements of this Emergency AD, report Aircraft Certification Service. liquidations of domestic corporations, the information requested in Appendix A for [FR Doc. 03–16687 Filed 7–1–03; 8:45 am] and to clarify what constitutes a all tail rotor blades listed in the Applicability BILLING CODE 4910–13–P section, including the tail rotor blades that principal purpose of tax avoidance for were removed as a result of this AD. Report purposes of the anti-abuse rule. the information to: Manager, Los Angeles Explanation of Provisions Aircraft Certification Office, ATTN: Fred DEPARTMENT OF THE TREASURY Guerin, 3960 Paramount Blvd., Lakewood, The final regulations published in Internal Revenue Service California 90712, telephone (562) 627–5232. 1999 included an anti-abuse rule Reports may also be faxed to (562) 627–5210 26 CFR Part 1 providing that the Commissioner may or emailed to [email protected]. require a foreign or domestic liquidating (f) Information collection requirements [TD 9066] corporation to recognize gain (or treat contained in this AD have been approved by the liquidating corporation as if it had the Office of Management and Budget (OMB) RIN 1545–BA79 under the provisions of the Paperwork recognized a loss) on a liquidating Reduction Act of 1980 (44 U.S.C. 3501 et Outbound Liquidations Into Foreign distribution if a principal purpose of the seq.) and have been assigned OMB Control Corporations liquidation is the avoidance of U.S. tax. Number 2120–0056. § 1.367(e)–2(d). The notice of proposed AGENCY: Internal Revenue Service (IRS), (g) To request a different method of rulemaking proposed amending the Treasury. compliance or a different compliance time anti-abuse rule under § 1.367(e)–2(d) to for this AD, follow the procedures in 14 CFR ACTION: Final regulations. limit the application of this rule to 39.19. Contact the Los Angeles Aircraft outbound liquidations of domestic Certification Office, Transport Airplane SUMMARY: This document contains final regulations that provide guidance corporations. The notice of proposed Directorate, FAA, for information about rulemaking also proposed clarifying previously approved alternative methods of regarding the application of section what constitutes a principal purpose for compliance. 367(e)(2) to certain outbound (h) This amendment becomes effective on liquidations. The regulations amend the purposes of the anti-abuse rules in July 17, 2003, to all persons except those anti-abuse rule by narrowing the scope § 1.367(e)–2(d) and § 1.367(e)– persons to whom it was made immediately of the rule to apply only to outbound 2(b)(2)(iii)(C)(1). One written comment effective by Emergency AD 2003–08–51, transfers to a foreign corporation in a responding to the notice of proposed issued April 15, 2003, which contained the complete liquidation of a domestic rulemaking was received, but this requirements of this amendment. corporation in which a principal comment did not request any changes. purpose of the liquidation is the The public hearing was canceled Appendix A—Tail Rotor Blade avoidance of U.S. tax. The regulations because no requests were received to Inspection (Sample Format) also clarify the application of the anti- speak at the hearing. Accordingly, the Send within 24 hours to: abuse rule. proposed regulations are adopted by Manager, Los Angeles Aircraft Certification DATES: Effective Date: July 2, 2003. this Treasury decision without change. Office, ATTN: Fred Guerin, 3960 Paramount Applicability Date: These regulations Special Analyses Blvd., Lakewood, California 90712. apply to distributions occurring on or Fax: (562) 627–5210. after September 7, 1999, or, if the It has been determined that this Email: [email protected]. taxpayer has elected to apply the final Treasury decision is not a significant Date: regulations issued pursuant to TD 8834 regulatory action as defined in Operator or Company Name: to such distributions, to distributions in Name of Contact Person: Executive Order 12866. Therefore, a taxable years ending after August 8, regulatory assessment is not required. It Address: 1999. Telephone: has also been determined that section Fax: FOR FURTHER INFORMATION CONTACT: 553(b) of the Administrative Procedure Aircraft Serial Number: Milton M. Cahn, (202) 622–3860 (not a Act (5 U.S.C. chapter 5) does not apply Aircraft Registration Number: toll-free number). to this regulation, and because the Estimated average flight hours per year: SUPPLEMENTARY INFORMATION: regulation does not impose a collection T/R Blade Part Number: Serial Number: Background of information on small entities, the Total Time: Regulatory Flexibility Act (5 U.S.C. Crack found? (Yes/No): Corrosion Found? On August 9, 1999, the IRS and chapter 6) does not apply. (Yes/No) Treasury published final regulations T/R Blade Part Number: Serial Number: (TD 8834 in the Federal Register at 64 Drafting Information Total Time: FR 43072) under section 367(e)(2) Crack found? (Yes/No): Corrosion Found? The principal author of these final regarding distributions of property in a (Yes/No) regulations is Aaron A. Farmer of the T/R Blade Part Number: Serial Number: complete liquidation under section 332 by a domestic corporation to a foreign Office of the Associate Chief Counsel Total Time: (International), IRS. However, other Crack found? (Yes/No): Corrosion Found? parent corporation (outbound liquidation) and by a foreign personnel from the Treasury and the IRS (Yes/No) participated in their development. T/R Blade Part Number: Serial Number: corporation to a foreign parent Total Time: corporation (foreign-to-foreign List of Subjects in 26 CFR Part 1 Crack found? (Yes/No): Corrosion Found? liquidations). On November 20, 2002, (Yes/No) the IRS and Treasury published a notice Income taxes, Reporting and Comments/Additional Information: of proposed rulemaking (REG–127380– recordkeeping requirements.
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Adoption of Amendments to the ACTION: Final and temporary Recent transactions promoted by Regulations regulations. certain parties have raised issues concerning when a transfer of an option ■ Accordingly, 26 CFR part 1 is amended SUMMARY: This document contains to a related person, typically a family as follows: regulations that provide rules governing member or an entity a substantial transfers of certain compensatory stock PART 1— INCOME TAXES interest in which is owned by the option options (nonstatutory stock options). holder or family members, is an arm’s ■ Paragraph 1. The authority citation for The regulations affect persons who have length transaction. See Notice 2003–47. part 1 continues to read in part as been granted nonstatutory stock options, The determination of whether a transfer follows: as well as service recipients who may be to a related person is an arm’s length entitled to deductions related to the Authority: 26 U.S.C. 7805 * * * transaction requires scrutiny of the facts options. The text of the temporary and circumstances surrounding the ■ Par. 2. Section 1.367(e)–2, is amended regulations also serves as the text of the transfer. Furthermore, if conducted as follows: proposed regulations on this subject in under the terms promoted, Treasury and ■ 1. Paragraph (b)(2)(iii)(C)(1) is the Proposed Rules section in this issue the IRS believe these transfers will amended by removing the parenthetical of the Federal Register. rarely constitute an arm’s length ‘‘(taken together or separately)’’ and DATES: Effective Date: These regulations transaction. adding ‘‘when taken together’’ in its are effective July 2, 2003. Explanation of Provisions place. Applicability Dates: For dates of ■ 2. Paragraph (d) is revised. applicability, see §§ 1.83–7(d) and 1.83– The regulations provide that a sale or The revision reads as follows: 7T(d). other disposition of a nonstatutory stock option to a related person will not be FOR FURTHER INFORMATION CONTACT: § 1.367(e)–2 Distributions described in treated as a transaction that closes the Stephen Tackney (202) 622–6030 (not a section 367(e)(2). application of section 83 with respect to toll-free number). * * * * * the option. For these purposes, a person (d) Anti-abuse rule. The SUPPLEMENTARY INFORMATION: is related to the service provider if (I) Commissioner may require a domestic Background the person and the service provider bear liquidating corporation to recognize a relationship to each other that is gain on a distribution in liquidation These regulations amend 26 CFR part specified in section 267(b) or 707(b)(1), described in paragraph (b) of this 1. Section 83 of the Internal Revenue subject to the modifications (i) that ‘‘20 section (or treat the liquidating Code (Code) provides that if, in percent’’ is used in place of ‘‘50 corporation as if it had recognized loss connection with the performance of percent’’ each place it appears in section on a distribution in liquidation), if a services, property is transferred to any 267(b) and section 707(b)(1) and (ii) that principal purpose of the liquidation is person other than the person for whom section 267(c)(4) is applied as if the the avoidance of U.S. tax (including, but such services are performed, the excess family of an individual includes the not limited to, the distribution of a of (1) the fair market value of the spouse of any member of the family, or liquidating corporation’s earnings and property (determined without regard to (II) the service provider and such person profits with a principal purpose of lapse restrictions) at the first time the are engaged in trades or businesses avoiding U.S. tax). A liquidation may rights of the person having the under common control (within the have a principal purpose of tax beneficial interest in such property are meaning of section 52(a) and (b)); avoidance even though the tax transferable or are not subject to a provided that a person is not related to avoidance purpose is outweighed by substantial risk of forfeiture, whichever the service provider if the person is the other purposes when taken together. occurs earlier, over (2) the amount (if service recipient with respect to the any) paid for such property, is included * * * * * option or the grantor of the option. The in the gross income of the service regulations do not alter the treatment of David A. Mader, provider in the first taxable year in the sale or disposition of an option in Assistant Deputy Commissioner of Internal which the rights of the person having an arm’s length transaction with an Revenue. the beneficial interest in such property unrelated person. In those are transferable or are not subject to a Approved: June 23, 2003 circumstances, section 83 applies to the substantial risk of forfeiture. transfer of money or other property Pamela F. Olsen, Section 83(e)(4) provides that section received in the exchange. Assistant Secretary of the Treasury. 83 does not apply to the transfer of [FR Doc. 03–16785 Filed 7–1–03; 8:45 am] property pursuant to the exercise of an Special Analyses BILLING CODE 4830–01–P option with a readily ascertainable fair It has been determined that these market value at the date of grant. regulations are not a significant Section 83(e)(3) provides that section regulatory action as defined in DEPARTMENT OF THE TREASURY 83 does not apply to the transfer of an Executive Order 12866. Therefore, a option without a readily ascertainable regulatory assessment is not required. It Internal Revenue Service fair market value. Under § 1.83–7(a), also has been determined that section section 83 generally applies to the 553(b) of the Administrative Procedure 26 CFR Part 1 transfer of the property subject to the Act (5 U.S.C. chapter 5) does not apply option at the time of exercise. to these regulations, and because these [TD 9067] Section 1.83–7(a) further provides regulations do not impose a collection that section 83 applies to the transfer of of information on small entities, the RIN 1545–BC21 money or other property received upon Regulatory Flexibility Act (5 U.S.C. Transfers of Compensatory Options the sale or disposition in an arm’s chapter 6) does not apply. Pursuant to length transaction of an option without section 7805(f) of the Code, these AGENCY: Internal Revenue Service (IRS), a readily ascertainable fair market value regulations are being submitted to the Treasury. at the time of grant. Chief Counsel for Advocacy of the Small
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Business Administration for comment pursuant to such exercise, and the ACTION: Treasury decision, final rule. on its impact on small business. employee or independent contractor realizes compensation upon such SUMMARY: The Treasury Department and Drafting Information transfer at the time and in the amount its Alcohol and Tobacco Tax and Trade The principal author of these determined under section 83(a) or 83(b). Bureau are correcting an error in the temporary regulations is Stephen If the option is sold or otherwise wine labeling regulations regarding the Tackney of the Office of Division disposed of in an arm’s length amelioration of fruit (non-grape) and Counsel/Associate Chief Counsel (Tax transaction, sections 83(a) and 83(b) agricultural wines. The Bureau is also Exempt and Government Entities). apply to the transfer of money or other making a number of technical However, other personnel from the IRS property received in the same manner as corrections to the wine labeling and Treasury Department participated sections 83(a) and 83(b) would have regulations. in their development. applied to the transfer of property EFFECTIVE DATE: Effective September 2, List of Subjects in 26 CFR Part 1 pursuant to an exercise of the option. 2003. The preceding sentence does not apply FOR FURTHER INFORMATION CONTACT: Income taxes, Reporting and to a sale or other disposition of the recordkeeping requirements. Jennifer Berry, Alcohol and Tobacco option to a person related to the service Tax and Trade Bureau, Regulations and Adoption of Amendments to the provider that occurs on or after July 2, Procedures Division, PO Box 18152, Regulations 2003. For this purpose, a person is Roanoke, Virginia 24014; telephone related to the service provider if— ■ (540) 344–9333. Accordingly, 26 CFR part 1 is amended (1) The person and the service SUPPLEMENTARY INFORMATION: as follows: provider bear a relationship to each PART 1—INCOME TAXES other that is specified in section 267(b) Impact of the Homeland Security Act or 707(b)(1), subject to the modifications on Rulemaking ■ 1. The authority citation for part 1 con- that the language ‘‘20 percent’’ is used Effective January 24, 2003, the tinues to read in part as follows: instead of ‘‘50 percent’’ each place it Homeland Security Act of 2002 divided appears in sections 267(b) and 707(b)(1), Authority: 26 U.S.C. 7805 * * *. the Bureau of Alcohol, Tobacco and and section 267(c)(4) is applied as if the Firearms (ATF) into two new agencies, ■ 2. Section 1.83–7 is amended by family of an individual includes the the Alcohol and Tobacco Tax and Trade adding paragraph (d) to read as follows: spouse of any member of the family; or Bureau (TTB) in the Department of the (2) The person and the service § 1.83–7 Taxation of nonqualified stock Treasury and the Bureau of Alcohol, provider are engaged in trades or options. Tobacco, Firearms and Explosives in the businesses under common control * * * * * Department of Justice. Regulation of (within the meaning of section 52(a) and (d) Effective dates. This section wine labeling is the responsibility of the (b)); provided that a person is not applies for periods before July 2, 2003. new TTB. References to ATF in this related to the service provider if the For periods on or after July 2, 2003, see document relate to events that occurred person is the service recipient with § 1.83–7T. prior to January 24, 2003, or to functions respect to the option or the grantor of ■ that the Bureau of Alcohol, Tobacco, 3. Section 1.83–7T is added to read as the option. Firearms and Explosives continues to follows: (b) and (c) For further guidance, see perform. § 1.83–7T Taxation of nonqualified stock § 1.83–7(b) and (c). options (Temporary). (d) Effective dates. This section Background (a) In general. If there is granted to an applies on or after July 2, 2003. For The Alcohol and Tobacco Tax and employee or independent contractor (or dates before July 2, 2003 see § 1.83–7. Trade Bureau administers regulations beneficiary thereof) in connection with Robert E. Wenzel, published in chapter I of title 27 CFR. the performance of services, an option Deputy Commissioner of Internal Revenue. In a recent review of part 4 of this to which section 421 (relating generally Approved: June 26, 2003. chapter, Labeling and Advertising of to certain qualified and other options) Wine, we noted an error at § 4.22(b)(5) Pamela F. Olson, does not apply, section 83(a) shall apply regarding the amelioration of fruit (non- to such grant if the option has a readily Assistant Secretary of the Treasury. grape) and agricultural wines. We are ascertainable fair market value [FR Doc. 03–16786 Filed 7–1–03; 8:45 am] correcting this error and making several (determined in accordance with BILLING CODE 4830–01–U other technical amendments to the wine paragraph (b) of this section) at the time labeling regulations in part 4. the option is granted. The person who performed such services realizes DEPARTMENT OF THE TREASURY Amelioration Error compensation upon such grant at the The regulations at § 4.22(b)(5) state Alcohol and Tobacco Tax and Trade time and in the amount determined that fruit (non-grape) and agricultural Bureau under section 83(a). If section 83(a) does wines may be treated with sugar or not apply to the grant of such an option water in excess of the quantities 27 CFR Part 4 because the option does not have a prescribed for their standards of identity readily ascertainable fair market value at [TTB T.D.–2; Ref. Notice No. ATF–953] without TTB viewing such treatment as the time of grant, sections 83(a) and an alteration of class and type, if, among 83(b) shall apply at the time the option RIN 1512—AC63 other conditions, ‘‘the content of natural is exercised or otherwise disposed of, Amelioration of Fruit and Agricultural acid is not less than 7.5 parts per even though the fair market value of Wines; Technical Amendments thousand.’’ [Italics added.] This such option may have become readily (2001R–197P) limitation of 7.5 parts per thousand is ascertainable before such time. If the incorrect. Pursuant to 26 U.S.C. 5383 option is exercised, sections 83(a) and AGENCY: Alcohol and Tobacco Tax and and 5384, the correct minimum acid 83(b) apply to the transfer of property Trade Bureau (TTB), Treasury. level should be 7.69 parts per thousand.
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This level is correctly stated in 44 U.S.C. chapter 35, and its water in excess of the quantities § 24.178(b)(3) as 7.69 grams per liter. implementing regulations, 5 CFR part specifically authorized by such ‘‘Grams per liter’’ is equivalent to ‘‘parts 1320, do not apply. standards: per thousand.’’ In order to make these Provided, That the class or type How Does the Regulatory Flexibility Act regulations accurate and consistent, we thereof shall not be deemed to be Apply to This Final Rule? are amending the minimum acid altered: limitation in § 4.22(b)(5) to 7.69 grams We certify that this regulation will not (i) Where such wine (other than grape per liter. have a significant economic impact on wine) is derived from fruit or other a substantial number of small entities. agricultural products having a high Technical Amendments We expect no negative impact on small normal acidity, if the total solids We have identified a typographical entities. We are not imposing any new content is not more than 22 grams per error at § 4.21(h)(2), the standard of requirements. Accordingly, the 100 cubic centimeters and the content of identity for imitation and substandard Regulatory Flexibility Act does not natural acid is not less than 7.69 grams or other than standard wine. The phrase require a regulatory flexibility analysis. per liter, and (ii) Where such wine is derived ‘‘other than standard wine’’ has been Is This a Significant Regulatory Action exclusively from fruit or other omitted from this section. The corrected as Defined by Executive Order 12866? regulation will read as follows: agricultural products the normal acidity (2) ‘‘Substandard wine’’ or ‘‘other This is not a significant regulatory of which is 20 parts or more per than standard wine’’ shall bear as a part action as defined by Executive Order thousand, if the volume of the resulting of its designation the words 12866. Therefore, the order does not product has been increased not more ‘‘substandard’’ or ‘‘other than require a regulatory assessment. than 60 percent by the addition of sugar standard,’’ * * *. [Addition in italics.] Drafting Information and water solution for the sole purpose We have also identified two technical of correcting natural deficiencies due to errors at § 4.30(a). Both the first and The principal author of this document such acidity and (except in the case of second sentences of this section use the is Jennifer Berry, Regulations and such wine when produced from fruit or word ‘‘article’’ to refer to regulatory Procedures Division, Alcohol and berries other than grapes) there is stated subparts. ‘‘Article’’ was the term used Tobacco Tax and Trade Bureau. as part of the class and type designation for subparts when the wine labeling List of Subjects in 27 CFR Part 4 the phrase ‘‘Made with over 35 percent regulations were written in 1935. Later sugar solution.’’ Advertising, Customs duties and revisions replaced ‘‘article’’ with inspection, Imports, Labeling, Packaging * * * * * ‘‘subpart,’’ but these two instances were ■ 4. Remove § 4.25. and containers, Reporting and overlooked. We are correcting this ■ recordkeeping requirements, Trade 5. Redesignate § 4.25a as § 4.25. oversight. practices, Wine. ■ 6. Amend § 4.30(a) by removing the We are also removing three obsolete word ‘‘article’’ where it appears and sections from part 4. All three have been Authority and Issuance replacing it with the word ‘‘subpart’’. replaced with newer sections, and their ■ For the reasons discussed in the ■ 7. Remove § 4.35. requirements have been obsolete for ■ 8. Redesignate § 4.35a as § 4.35. years. preamble, we are amending 27 CFR part ■ 9. Remove § 4.72. • § 4.25, Appellation of origin, 4 as follows: ■ 10. Redesignate § 4.73 as § 4.72. obsolete since January 1, 1983, has been PART 4—LABELING AND Signed: March 26, 2003. replaced with § 4.25a. ADVERTISING OF WINE • § 4.35, Name and address, obsolete John J. Manfreda, since July 28, 1994, has been replaced ■ 1. The authority citation for 27 CFR Acting Administrator. with § 4.35a. part 4 continues to read as follows: Approved: June 4, 2003. • § 4.72, Standards of fill, obsolete Authority: 27 U.S.C. 205, unless otherwise Timothy E. Skud, since January 1, 1979, has been replaced noted. Deputy Assistant Secretary (Tax, Trade, and with § 4.73. ■ Tariff Policy). We are assigning the old numbers to 2. Amend § 4.21 by revising paragraph (h)(2) introductory text to read as [FR Doc. 03–16563 Filed 7–1–03; 8:45 am] the newer sections to improve the BILLING CODE 4810–31–P organization of part 4. We believe that follows: removing these obsolete sections will § 4.21 The standards of identity. make it much easier for readers to find * * * * * DEPARTMENT OF HOMELAND current requirements. (h) * * * SECURITY Notice No. 953 (2) ‘‘Substandard wine’’ or ‘‘other than standard wine’’ shall bear as a part Coast Guard ATF published Notice No. 953 on of its designation the words October 3, 2002, proposing to make the ‘‘substandard’’ or ‘‘other than standard,’’ 33 CFR Part 165 corrections and technical amendments and shall include: described above. No comments were [CGD09–03–230] * * * * * received. Accordingly, we are now RIN 1625–AA00 finalizing the proposed amendments. ■ 3. Revise § 4.22(b)(5) to read as follows: Safety Zone; Lake Huron, Harbor Regulatory Analyses and Notices § 4.22 Blends, cellar treatment, alteration of class or type. Beach, MI Does the Paperwork Reduction Act * * * * * AGENCY: Apply to This Final Rule? Coast Guard, DHS. (b) * * * ACTION: Temporary final rule. We propose no requirement to collect (5) Treatment of any class or type of information. Therefore, the provisions wine for which a standard of identity is SUMMARY: The Coast Guard is of the Paperwork Reduction Act of 1995, prescribed in this subpart with sugar or establishing a temporary safety zone for
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the Harbor Beach Fireworks on July 19, debris falling into the water could easily governmental jurisdictions with 2003. This safety zone is necessary to result in serious injuries or fatalities. populations of less than 50,000. control vessel traffic within the Establishing a safety zone to control The Coast Guard certifies under 5 immediate location of the fireworks vessel movement around the location of U.S.C. 605(b) that this rule will not have launch site and to ensure the safety of the launch platform will help ensure the a significant economic impact on a life and property during the event. This safety of persons and property at these substantial number of small entities. safety zone is intended to restrict vessel events and help minimize the associated This rule will affect the following traffic from a portion of Lake Huron. risks. entities, some of which might be small DATES: This temporary final rule is The safety zone will encompass all entities: The owners or operators of effective from 7 p.m. until 11 p.m. on waters of Lake Huron surrounding the commercial vessels intending to transit July 19, 2003. fireworks launch platform bounded by or anchor in the activated safety zone. This safety zone will not have a ADDRESSES: Comments and material the arc of a circle with a 300-yard radius significant economic impact on a received from the public, as well as with its center in approximate position substantial number of small entities for documents indicated in this preamble as 43°51″00′ N, 082°38″15′ W. The the following reasons: This safety zone being available in the docket, are part of geographic coordinates are based upon is only in effect from 7 p.m. until 11 docket [CGD09–03–230] and are North American Datum 1983 (NAD 83). p.m. on the day of the event and allows available for inspection or copying at The size of this zone was determined vessel traffic to pass outside of the U.S. Coast Guard Marine Safety Office using the National Fire Prevention safety zone. Before the effective period, Detroit, 110 Mt. Elliott Ave., Detroit, MI Association guidelines and local the Coast Guard will issue maritime 48207, between 8 a.m. and 4 p.m., knowledge concerning wind, waves, advisories widely available to users of Monday through Friday, except Federal and currents. Lake Huron by the Ninth Coast Guard holidays. All persons and vessels shall comply with the instructions of the Coast Guard District Local Notice to Mariners and FOR FURTHER INFORMATION CONTACT: Marine Information Broadcasts. Lieutenant Junior Grade Brandon Captain of the Port or the designated on- scene patrol representative. Entry into, Facsimile broadcasts may also be made. Sullivan, U.S. Coast Guard Marine If you think that your business, transiting, or anchoring within this Safety Office Detroit, at telephone organization, or governmental safety zone is prohibited unless number (313) 568–9558. jurisdiction qualifies as a small entity authorized by the Captain of the Port SUPPLEMENTARY INFORMATION: and that this rule would have a Detroit or his designated on-scene significant economic impact on it, Regulatory Information representative. The designated on-scene please submit a comment (see representative will be the Patrol We did not publish a notice of ADDRESSES) explaining why you think it Commander. The Patrol Commander proposed rulemaking (NPRM) for this qualifies and how and to what degree may be contacted via VHF Channel 16. regulation. Under 5 U.S.C. 553(b)(B), the this rule would economically affect it. Coast Guard finds that good cause exists Regulatory Evaluation for not publishing an NPRM, and under Assistance for Small Entities 5 U.S.C. 553(d)(3), the Coast Guard finds This rule is not a ‘‘significant Under section 213(a) of the Small that good cause exists for making this regulatory action’’ under section 3(f) of Business Regulatory Enforcement rule effective less than 30 days after Executive Order 12866, Regulatory Fairness Act of 1996 (Pub. L. 104–121), publication in the Federal Register. The Planning and Review, and does not the Coast Guard wants to assist small permit application was not received in require an assessment of potential costs entities in understanding this rule so time to publish an NPRM followed by and benefits under section 6(a)(3) of that that they can better evaluate its effects a final rule before the effective date. Order. The Office of Management and and participate in the rulemaking Delaying this rule would be contrary to Budget has not reviewed this rule under process. If the rule will affect your small the public interest of ensuring the safety that Order. It is not ‘‘significant’’ under business, organization, or governmental of spectators and vessels during this the regulatory policies and procedures jurisdiction and you have questions event and immediate action is necessary of the Department of Transportation concerning its provisions or options for to prevent possible loss of life or (DOT) (44 FR 11040, February 26, 1979). compliance, please contact Marine property. The Coast Guard has not The Coast Guard expects the economic Safety Office Detroit (see ADDRESSES). received any complaints or negative impact of this proposed rule to be so Small businesses may send comments comments previously with regard to this minimal that a full Regulatory on the actions of Federal employees event. Evaluation under paragraph 10(e) of the who enforce, or otherwise determine regulatory policies and procedures of compliance with, Federal regulations to Background and Purpose DOT is unnecessary. This determination the Small Business and Agriculture A temporary safety zone is necessary is based on the minimal time that Regulatory Enforcement Ombudsman to ensure the safety of vessels and vessels will be restricted from the safety and the Regional Small Business spectators from the hazards associated zone. Regulatory Fairness Boards. The with fireworks displays. Based on Small Entities Ombudsman evaluates these actions accidents that have occurred in other annually and rates each agency’s Captain of the Port zones, and the Under the Regulatory Flexibility Act responsiveness to small business. If you explosive hazard of fireworks, the (5 U.S.C. 601–612), the Coast Guard wish to comment on actions by Captain of the Port Detroit has considered whether this rule would employees of the Coast Guard, call 1– determined fireworks launches in close have a significant impact on a 888–REG–FAIR (1–888–734–3247). proximity to watercraft pose significant substantial number of small entities. risks to public safety and property. The The term ‘‘small entities’’ comprises Collection of Information likely combination of large numbers of small businesses, not-for-profit This rule would call for no new recreational vessels, congested organizations that are independently collection of information under the waterways, darkness punctuated by owned and operated and are not Paperwork Reduction Act of 1995 (44 bright flashes of light, alcohol use, and dominant in their fields, and U.S.C. 3501–3520).
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Federalism Federal Government and Indian tribes, Dated: June 20, 2003. The Coast Guard has analyzed this or on the distribution of power and P.G. Gerrity, rule under Executive Order 13132, responsibilities between the Federal Commander, Coast Guard, Captain of the Port Federalism, and has determined that Government and Indian tribes. Detroit. this rule does not have implications for Energy Effects [FR Doc. 03–16640 Filed 7–1–03; 8:45 am] federalism under that Order. BILLING CODE 4910–15–P The Coast Guard has analyzed this Unfunded Mandates Reform Act proposed rule under Executive Order The Unfunded Mandates Reform Act 13211, Actions Concerning Regulations of 1995 (2 U.S.C. 1531–1538) requires That Significantly Affect Energy Supply, ENVIRONMENTAL PROTECTION Federal agencies to assess the effects of Distribution, or Use. We have AGENCY their discretionary regulatory actions. In determined that it is not a ‘‘significant 40 CFR Part 52 particular, the Act addresses actions energy action’’ under that Order, that may result in the expenditure by a because it is not a ‘‘significant [TX–42–1–6274a; FRL–7521–2] State, local, or tribal government, in the regulatory action’’ under Executive aggregate, or by the private sector of Order 12866 and is not likely to have a Approval and Promulgation of $100,000,000 or more in any one year. significant adverse effect on the supply, Implementation Plans for Texas; Though this proposed rule would not distribution, or use of energy. It has not Approval of Section 179B result in such an expenditure, we do been designated by the Administrator of Demonstration of Attainment, Carbon discuss the effects of this rule elsewhere the Office of Information and Regulatory Monoxide Motor Vehicle Emissions in this preamble. Affairs as a significant energy action. Budget for Conformity, and Therefore, it does not require a Taking of Private Property Contingency Measure for El Paso Statement of Energy Effects under Carbon Monoxide Nonattainment Area This rule will not effect a taking of Executive Order 13211. private property or otherwise have AGENCY: Environmental Protection taking implications under Executive List of Subjects in 33 CFR Part 165 Agency (EPA). Order 12630, Governmental Actions and Harbors, Marine safety, Navigation ACTION: Direct final rule. Interference with Constitutionally (water), Reporting and record keeping Protected Property Rights. requirements, Security measures, SUMMARY: The EPA is approving, Waterways. through direct final action, a revision to Civil Justice Reform the Texas State Implementation Plan This rule meets applicable standards ■ For the reasons discussed in the (SIP), submitted to show attainment of in sections 3(a) and 3(b)(2) of Executive preamble, the Coast Guard amends 33 the Carbon Monoxide (CO) National Order 12988, Civil Justice Reform, to CFR part 165 as follows: Ambient Air Quality Standard (NAAQS) minimize litigation, eliminate in the El Paso CO nonattainment area, PART 165—REGULATED NAVIGATION ambiguity, and reduce burden. but for emissions emanating from AREAS AND LIMITED ACCESS AREAS Protection of Children outside of the United States. The EPA is ■ also approving the El Paso area’s CO The Coast Guard has analyzed this 1. The authority citation for part 165 continues to read as follows: emissions budget, and a CO contingency rule under Executive Order 13045, measure requirement. The State Protection of Children from Authority: 33 U.S.C. 1231; 50 U.S.C. 191, submitted the revisions to satisfy Environmental Health Risks and Safety 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 CFR 1.46. sections 179B and other Part D Risks. This rule is not an economically requirements of the Federal Clean Air significant rule and does not create an ■ 2. A new temporary § 165.T09–230 is Act (CAA). environmental risk to health or risk to added to read as follows: DATES: This rule is effective on safety that may disproportionately affect September 2, 2003, without further children. § 165.T09–230 Safety Zone; Lake Huron, notice, unless we receive adverse Harbor Beach, MI. Environment comment by August 1, 2003. If we (a) Location. The safety zone will The Coast Guard has considered the receive such comment, we will publish encompass all waters of Lake Huron environmental impact of this rule and a timely withdrawal in the Federal surrounding the fireworks launch concluded that, under figure 2–1, Register informing the public that this platform bounded by the arc of a circle paragraph (34)(g) of Commandant rule will not take effect. with a 300-yard radius with its center in Instruction M16475.1D, this rule is ADDRESSES: Written comments on this approximate position 43°51′00″ N, categorically excluded from further action should be addressed to Mr. 082°38′15″ W (NAD 83). environmental documentation. A Thomas H. Diggs, Chief, Air Planning ‘‘Categorical Exclusion Determination’’ (b) Effective time and date. This Section (6PD–L), at the EPA Region 6 is available in the docket for inspection section is effective from 7 p.m. until 11 Office listed below. Copies of or copying where indicated under p.m. on July 19, 2003. documents relevant to this action are ADDRESSES. (c) Regulations. In accordance with available for public inspection during the general regulations in § 165.23 of normal business hours at the following Indian Tribal Governments this part, entry into this safety zone is locations. Anyone wanting to examine This rule does not have tribal prohibited unless authorized by the these documents should make an implications under Executive Order Coast Guard Captain of the Port Detroit, appointment with the appropriate office 13175, Consultation and Coordination or his designated on-scene at least two working days in advance. with Indian Tribal Governments, representative. The designated on-scene Environmental Protection Agency, because it does not have a substantial Patrol Commander may be contacted via Region 6, Air Planning Section (6PD–L), direct effect on one or more Indian VHF Channel 16. Section 165.23 also 1445 Ross Avenue, Suite 700, Dallas, TX tribes, on the relationship between the contains other general requirements. 75202–2377.
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Texas Commission on Environmental emissions emanating from outside of the areas, which under section 182(c)(3), Quality, 12100 Park 35 Circle, Austin, United States. requires an enhanced program. These Texas 78753. El Paso and Juarez, Mexico, share an two programs yield different levels of FOR FURTHER INFORMATION CONTACT: Joe air-shed. However, emission inventory CO reductions. The difference in Kordzi, Air Planning Section (6PD–L), data was not available for Juarez, so emissions reductions could be called EPA Region 6, 1445 Ross Avenue, modeling of the entire air-shed was not incremental credit. That is, incremental Dallas, Texas 75202–2733, telephone possible. In such an instance, section reductions in CO are reductions (214) 665–7186. 179B allows an area such as El Paso to produced by a control program more perform modeling using only U.S. stringent than required by CO SUPPLEMENTARY INFORMATION: pollutant emission data in performing provisions in the CAA. Throughout this document ‘‘we,’’ the attainment demonstration. The El Paso area is not subject to the ‘‘us,’’ and ‘‘our’’ means EPA. In its demonstration, Texas used two section 187(a)(2)(A) Vehicle Miles Table of Contents models, RAM, and CAL3QHC. RAM Traveled (VMT) forecasts and the I. What is the background for this action? modeling was used to estimate section 187(a)(3) contingency measures II. What did the State submit and how did background CO concentrations, and requirements, because its design value we evaluate it? CAL3QHC was used to estimate hot-spot was below 12.7 ppm. It is, however, A. Modeling. concentrations, or those areas that are subject to the section 172(c)(9) B. CO motor vehicle emissions budget. the most likely to produce the highest contingency measures requirement. The C. Contingency measures. concentrations of CO. Using RAM CAA does not specify how many D. Has the EPA approved other parts of the modeling, Texas identified the worst- contingency measures are needed or the SIP before now? case meteorological episode conducive magnitude of the emission reductions E. How close is El Paso to attainment of the for CO concentration. This was (or VMT reductions) they must provide. CO standard? 2 III. What is our final action? subsequently used in the CAL3QHC In the EPA’s General Preamble, EPA IV. Why is this a ‘‘final action?’’ modeling to determine CO provides its belief that for moderate V. Regulatory Assessment Requirements. concentrations at six selected areas that fail to attain by the attainment intersections. These concentrations date, States may select contingency I. What Is the Background for This were then combined with hourly measures for the reduction of CO Action? variables in the 8-hour period with the emissions. EPA believes that one El Paso, Texas, was designated highest RAM-determined background appropriate choice of contingency nonattainment for CO and classified as CO concentration. The modeling results measures would be to provide for the moderate under sections 107(d)(4)(A) for El Paso indicate that the area would implementation of sufficient VMT and 186(a) of the CAA. The El Paso CO attain the CO standard but for emissions reductions or emissions reductions to nonattainment area is restricted to a emanating from outside the United counteract the effect of 1 year’s growth narrow strip along the Rio Grande, States. Texas performed its CO in VMT. The State used this approach adjacent to Ciudad Juarez, Mexico. modeling analyses for El Paso, to calculate the magnitude of emission The CAA requires that CO according to EPA guidance, using reductions it must provide, which is nonattainment areas designated conservative inputs to EPA guideline approximately 10.4 tons per day of CO moderate and above demonstrate models. reductions in El Paso. A basic I/M attainment through air quality modeling B. CO Motor Vehicles Emissions Budget program would produce 43 tons per day or any other analytical method of CO reductions. The low-enhanced I/ The Governor of Texas submitted the determined by the Administrator to be M program approved for El Paso was 1996 CO motor vehicle emissions at least as effective. Section 179B of the credited in the SIP for 89 tons per day budget of 96.90 tons/day on September CAA contains special provisions for of CO reductions, which is 46 tons per 27, 1995. The finding that the budget of nonattainment areas that are affected by day of CO reductions beyond the the El Paso CO attainment plan was emissions emanating from outside the reductions obtained from a basic adequate was made in a letter on program. This is well above the 10.4 United States. Under section 179B, the September 1, 1999.1 It is EPA’s EPA will approve a SIP if the area meets tons per day the State calculated was conclusion that the SIP demonstrates required to meet the contingency all other CAA requirements, and attainment with the budget and contains establishes that implementation of the requirements. The more stringent the measures necessary to support the requirements of the low-enhanced plan would achieve attainment of the budget. Today, we are approving this CO standard by the CAA statutory program generate these incremental budget, under section 176(c) of the reductions in CO, thus fulfilling the deadline ‘‘but for emissions emanating CAA. from outside the United States.’’ This is requirement. The EPA is approving all the type of demonstration that the State C. Contingency Measures of the incremental credit of 46 tons per of Texas has made. Nonattainment areas must adopt day into the SIP as meeting the CO contingency measures requirement. II. What Did the State Submit and How contingency measures that are Did We Evaluate It? implemented in the event the area does D. Has the EPA Approved Other Parts of not attain the standard by the the SIP Before Now? A. Modeling attainment date. Under section 187(a)(4) All CO nonattainment areas must of the CAA’s CO requirements, El Paso The Governor of the State of Texas adopt SIPs that contain the following must have at least a basic Inspection submitted a revision to the Texas SIP for core elements:3 the El Paso CO moderate nonattainment and Maintenance (I/M) program. However, El Paso was also bound to the area via a letter dated September 27, 2 EPA has issued a ‘‘General Preamble’’ describing 1995, which was supplemented in CAA’s ozone requirements for serious EPA’s preliminary views on how EPA intends to February 1998. This included air quality review SIPs and SIP revisions submitted under title 1 I of the Act (57 FR 13498, April 16, 1992, and 57 modeling, under section 179B of the EPA later determined that this motor vehicle emission budget was adequate for transportation FR 18070, April 28, 1992). CAA, that demonstrates that El Paso conformity purposes (see 64 FR 55911, October 15, 3 As outlined in section 187 of the CAA, would attain the CO NAAQS, but for 1999). additional requirements pertain to moderate
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1. An inventory of all actual from sources in the United States, the under state law and does not impose emissions of CO sources in the area EPA will require Texas to submit a new any additional enforceable duty beyond (sections 187(a)(1) and 172(c)(3) of the CO attainment SIP for El Paso. that required by state law, it does not CAA); The EPA is also approving El Paso’s contain any unfunded mandate or 2. A revised inventory every three CO motor vehicle emissions budget, significantly or uniquely affect small years (sections 187(a)(5) and 172(c)(3)); under section 176(c) of the CAA. Lastly, governments, as described in the 3. A permit program for the the EPA is approving the use of 46 tons Unfunded Mandates Reform Act of 1995 construction and operation of new and per day in incremental CO reduction (Public Law 104–4). modified major stationary sources of CO credits from the Texas low-enhanced This rule also does not have tribal (sections 172(c)(5)and 173); vehicle inspection and maintenance implications because it will not have a 4. Contingency measures that are to be program, as fulfillment of the State’s CO substantial direct effect on one or more implemented if the area fails to attain attainment contingency measure Indian tribes, on the relationship the standard by the deadline (section requirement for the El Paso between the Federal Government and 172(c)(9)); nonattainment area under section Indian tribes, or on the distribution of 5. An I/M program that meets 172(c)(9). power and responsibilities between the Federal Government and Indian tribes, applicable requirements (section IV. Why Is This a ‘‘Final Action?’’ 187(a)(4)); and as specified by Executive Order 13175 6. An oxygenated fuels program, if the We are publishing this rule without (65 FR 67249, November 9, 2000). This design value was 9.5 ppm or above prior proposal because we view this as action also does not have Federalism based on 1988 and 1989 data (section a noncontroversial amendment and implications because it does not have 211(m)); The EPA: anticipate no adverse comment. substantial direct effects on the States, 1. Approved an emissions inventory However, in the ‘‘Proposed Rules’’ on the relationship between the national on September 12, 1994 (59 FR 46766); section of today’s Federal Register government and the States, or on the 2. Approved an oxygenated fuels publication, we are publishing a distribution of power and program on September 12, 1994 (59 FR separate document that will serve as the responsibilities among the various 46766); proposal to approve the section 179B levels of government, as specified in 3. Approved a permit program for attainment demonstration SIP, the Executive Order 13132 (64 FR 43255, new and modified major sources of CO associated motor vehicle emissions August 10, 1999). This action merely on September 27, 1995 (60 FR 49781); budget, and the attainment contingency approves a state rule implementing a 4. Received a periodic update of the measures for the El Paso CO Federal standard, and does not alter the CO inventory; nonattainment area, if adverse relationship or the distribution of power 5. Approved the Texas Motorist comments are received. This rule will and responsibilities established in the Choice Vehicle Inspection and be effective on September 2, 2003, Clean Air Act. This rule also is not Maintenance Program (includes El Paso) without further notice unless we receive subject to Executive Order 13045 on November 14, 2001 (66 FR 57261); adverse comment by August 1, 2003. If ‘‘Protection of Children from and EPA receives adverse comments, we Environmental Health Risks and Safety 6. Is approving a CO contingency will publish a timely withdrawal in the Risks’’ (62 FR 19885, April 23, 1997), measure in this action. Federal Register informing the public because it is not economically that the rule will not take effect. We will significant. E. How Close Is El Paso to Attainment address all public comments in a In reviewing SIP submissions, EPA’s of the CO Standard? subsequent final rule based on the role is to approve state choices, Data from the El Paso monitoring proposed rule. We will not institute a provided that they meet the criteria of network from 1999 to the end of 2002 second comment period on this action. the Clean Air Act. In this context, in the appear to indicate that the area is in Any parties interested in commenting absence of a prior existing requirement attainment of the CO standard. The must do so at this time. for the State to use voluntary consensus standards (VCS), EPA has no authority State has informed EPA that it may V. Regulatory Assessment to disapprove a SIP submission for request redesignation in the near future. Requirements failure to use VCS. It would thus be III. What Is Our Final Action? Under Executive Order 12866 (58 FR inconsistent with applicable law for The EPA is approving a revision to 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, the Texas SIP, which was submitted to not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission show attainment of the CO standard in therefore is not subject to review by the that otherwise satisfies the provisions of the El Paso CO nonattainment area by Office of Management and Budget. For the Clean Air Act. Thus, the the applicable attainment date, but for this reason, this action is also not requirements of section 12(d) of the emissions from Mexico. The revision subject to Executive Order 13211, National Technology Transfer and satisfies section 179B of the CAA. ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. The EPA believes that all section Significantly Affect Energy Supply, 272 note) do not apply. This rule does 179B approvals should be on a Distribution, or Use’’ (66 FR 28355, May not impose an information collection contingency basis. This modeling-based 22, 2001). This action merely approves burden under the provisions of the approval is valid only as long as the state law as meeting Federal Paperwork Reduction Act of 1995 (44 area’s modeling continues to show that requirements and imposes no additional U.S.C. 3501 et seq.). the El Paso CO area would be in requirements beyond those imposed by The Congressional Review Act, 5 attainment, but for emissions from state law. Accordingly, the U.S.C. 801 et seq., as added by the Small outside the United States. If the EPA Administrator certifies that this rule Business Regulatory Enforcement later determines by rulemaking that will not have a significant economic Fairness Act of 1996, generally provides additional CO reductions are needed impact on a substantial number of small that before a rule may take effect, the entities under the Regulatory Flexibility agency promulgating the rule must nonattainment areas with design values above 12.7 Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a ppm, and to severe nonattainment areas. rule approves pre-existing requirements copy of the rule, to each House of the
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Congress and to the Comptroller General review nor does it extend the time PART 52—[AMENDED] of the United States. EPA will submit a within which a petition for judicial report containing this rule and other review may be filed, and shall not ■ 1. The authority citation for part 52 required information to the U.S. Senate, postpone the effectiveness of such rule continues to read as follows: the U.S. House of Representatives, and or action. This action may not be Authority: 42 U.S.C. 7402 et seq. the Comptroller General of the United challenged later in proceedings to States prior to publication of the rule in enforce its requirements (see section Subchapter SS—Texas the Federal Register. A major rule 307(b)(2)). cannot take effect until 60 days after it ■ 2. The table in § 52.2270(e) entitled is published in the Federal Register. List of Subjects in 40 CFR Part 52 This action is not a ‘‘major rule’’ as Environmental protection, Air ‘‘EPA approved nonregulatory defined by 5 U.S.C. 804(2). pollution control, Carbon monoxide, provisions and quasi-regulatory Under section 307(b)(1) of the Clean Intergovernmental relations, Reporting measures in the Texas SIP’’ is amended Air Act, petitions for judicial review of and recordkeeping requirements. by adding to the end of the table three this action must be filed in the United entries for the El Paso carbon monoxide Dated: June 20, 2003. States Court of Appeals for the nonattainment area to read as follows: appropriate circuit by September 2, Lawrence E. Starfield, 2003. Filing a petition for Acting Regional Administrator, Region 6. § 52.2270 Identification of plan. reconsideration by the Administrator of ■ Chapter I, title 40 of the Code of * * * * * this final rule does not affect the finality Federal Regulations is amended as (e) * * * of this rule for the purposes of judicial follows:
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geo- State sub- Name of SIP provision graphic or nonattain- mittal/effective EPA approval date Comments ment area date
*******
Section 179B Demonstration of Attainment El Paso CO non- 09/27/95 07/02/03 Federal Register Supplemented 02/11/98. for Carbon Monoxide for El Paso. attainment area. page number. Carbon Monoxide On-Road Emissions Budg- El Paso CO non- 09/27/95 07/02/03 ...... et for Conformity. attainment area. Contingency Measure for El Paso Carbon El Paso CO non- 09/27/95 07/02/03 Federal Register Monoxide Area. attainment area. page number.
[FR Doc. 03–16579 Filed 7–1–03; 8:45 am] Office of Pesticide Programs, the public docket does not include BILLING CODE 6560–50–P Environmental Protection Agency, 1200 Confidential Business Information (CBI) Pennsylvania Ave., NW., Washington, or other information whose disclosure is DC 20460–0001; telephone number: restricted by statute. The official public ENVIRONMENTAL PROTECTION (703) 305-5697; e-mail address: docket is the collection of materials that AGENCY [email protected]. is available for public viewing at the Public Information and Records SUPPLEMENTARY INFORMATION: 40 CFR Part 180 Integrity Branch (PIRIB), Rm. 119, [OPP–2003–0155; FRL–7316–5] I. General Information Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket A. Does this Action Apply to Me? Glyphosate; Pesticide Tolerance; facility is open from 8:30 a.m. to 4 p.m., Technical Correction The Agency included in the final rule Monday through Friday, excluding legal a list of those who may be potentially holidays. The docket telephone number AGENCY: Environmental Protection affected by this action. If you have is (703) 305–5805. Agency (EPA). questions regarding the applicability of 2. Electronic access. You may access ACTION: Final rule; technical correction. this action to a particular entity, consult this Federal Register document the person listed under FOR FURTHER electronically through the EPA Internet SUMMARY: EPA issued a final rule in the Federal Register of Wednesday, June 18, INFORMATION CONTACT. under the ‘‘Federal Register’’ listings at http://www.epa.gov/fedrgstr/. A 2003 (68 FR 36472), concerning B. How Can I Get Copies of this frequently updated electronic version of tolerances on corn, field, forage, at 6.0 Document and Other Related 40 CFR part 180 is available at http:// parts per million (ppm) and on grain, Information? aspirited fractions to reduce the www.access.gpo.gov/nara/cfr/ 1. Docket. EPA has established an _ _ _ tolerance from 200 ppm to 100 ppm. cfrhtml 00/Title 40/40cfr180 00.html, official public docket for this action This document is being issued to correct a beta site currently under development. under docket identification (ID) number An electronic version of the public typographical errors. OPP–2003–0155. The official public docket is available through EPA’s DATES: This document is effective on docket consists of the documents electronic public docket and comment July 2, 2003. specifically referenced in this action, system, EPA Dockets. You may use EPA any public comments received, and Dockets at http://www.epa.gov/edocket/ FOR FURTHER INFORMATION CONTACT: Jim other information related to this action. to submit or view public comments, Tompkins, Registration Division 7505C, Although a part of the official docket, access the index listing of the contents
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of the official public docket, and to provisions of the Regulatory Flexibility Civil Justice Reform (61 FR 4729, access those documents in the public Act (RFA) (5 U.S.C. 601 et seq.), or to February 7, 1996). docket that are available electronically. sections 202 and 205 of the Unfunded V. Congressional Review Act Once in the system, select ‘‘search,’’ Mandates Reform Act of 1995 (UMRA) then key in the appropriate docket ID (Public Law 104–4). In addition, this The Congressional Review Act, 5 number. action does not significantly or uniquely U.S.C. 801 et seq., as added by the Small II. What Does this Correction Do? affect small governments or impose any Business Regulatory Enforcement enforceable duty or contain any Fairness Act of 1996, generally provides EPA is correcting the amendatory unfunded mandate as described under that before a rule may take effect, the language to the amendments to Title II of the Unfunded Mandates agency promulgating the rule must § 180.364. Inadvertently, the Reform Act of 1995 (UMRA) (Public submit a rule report, which includes a amendatory language indicated that Law 104–4). This final rule will not copy of the rule, to each House of the ‘‘corn, field, forage’’ and ‘‘grain, have substantial direct effects on the Congress and to the Comptroller General aspirited fractions’’ were being added to States or on one or more Indian tribes, of the United States. EPA will submit a the table in paragraph (a) of § 180.364. on the relationship between the national report containing this rule and other Actually, both ‘‘corn, filed, forage’’ and government and the States or one or required information to the U.S. Senate, ‘‘grain, aspirited fractions’’ were already more Indian tribes, or on the included in the table to paragraph (a). the U.S. House of Representatives, and distribution of power and Since EPA merely intended to revise the the Comptroller General of the United responsibilities among the various entries to changes the tolerances levels, States prior to publication of this final this document corrects the amendatory levels of government or between the rule in the Federal Register.This final language to correctly express the Federal government and Indian tribes. rule is not a ‘‘major rule ’’ as defined by changes that EPA is making. As such, this action does not have any 5 U.S.C. 804(2). ‘‘federalism implications’’ as described List of Subjects in 40 CFR Part 180 III. Why is this Correction Issued as a in Executive Order 13132, entitled Final Rule? Federalism (64 FR 43255, August 10, Environmental protection, Pesticides Section 553 of the Administrative 1999), or any ‘‘tribal implications’’ as and pest. Procedure Act (APA), 5 U.S.C. described in Executive Order 13175, 553(b)(B), provides that, when an entitled Consultation and Coordination Dated: June 24, 2003. Agency for good cause finds that notice with Indian Tribal Governments (65 FR Debra Edwards, and public procedure are impracticable, 67249, November 6, 2000). Since this Director, Registration Division, Office of unnecessary or contrary to the public direct final rule is not a ‘‘significant Pesticide Programs. regulatory action’’ as defined by interest, the agency may issue a final ■ Executive Order 12866, it does not Therefore, 40 CFR part 180 is corrected rule without providing notice and an as follows: opportunity for public comment. EPA require OMB review or any Agency has determined that there is good cause action under Executive Order 13045, PART 180—[AMENDED] for making today’s technical correction entitled Protection of Children from final without prior proposal and Environmental Health Risks and Safety ■ 1. The authority citation for part 180 opportunity for comment, because EPA Risks (62 FR 19885, April 23, 1997), and continues to read as follows: is merely inserting language that was is not subject to Executive Order 13211, Actions Concerning Regulations That Authority: 21 U.S.C. 321(q), 346(a) and inadvertently omitted from the 371. previously published final rule. EPA Significantly Affect Energy Supply, finds that this constitutes good cause Distribution, or Use (66 FR 28355, May ■ 2. Amendatory language item 2 to under 5 U.S.C. 553(b)(B). 22, 2001). This action does not involve § 180.364, on page 36475, published in any technical standards that require the the Federal Register of June 18, 2003, (68 IV. Do Any of the Statutory and Agency’s consideration of voluntary FR 36472) is corrected to read as set forth Executive Order Reviews Apply to this consensus standards pursuant to section below. The revised portions of the table Action? 12(d) of the National Technology are set forth for user convenience. This final rule implements a technical Transfer and Advancement Act of 1995 ■ 2. Section 180.364 is amended by correction to the CFR, and it does not (NTTAA), Public Law 104–113, section removing the entire entries for ‘‘Animal otherwise impose or amend any 12(d) (15 U.S.C. 272 note). This action feed, nongrass, group, except alfalfa,’’ requirements. As such, the Office of will not result in environmental justice ‘‘Aspirated grain fractions,’’ and Management and Budget (OMB) has related issues and does not, therefore, ‘‘Soybean, aspirated grain fractions’’ and determined that a technical correction is require special consideration under by revising the entries for ‘‘Corn, field, not a ‘‘significant regulatory action’’ Executive Order 12898, entitled Federal forage ’’ ; and ‘‘Grain, aspirited fractions’’ subject to review by OMB under Actions to Address Environmental to read as follows: Executive Order 12866, entitled Justice in Minority Populations and Regulatory Planning and Review (58 FR Low-Income Populations (59 FR 7629, § 180.364 Glyphosate; tolerances for 51735, October 4, 1993). Nor does this February 16, 1994) or Executive Order residues. final rule contain any information 12630, entitled Governmental Actions (a) * * * collection requirements that require and Interference with Constitutionally review and approval by OMB pursuant Protected Property Rights (53 FR 8859, Parts per to the Paperwork Reduction Act of 1995 March 15, 1988). In issuing this final Commodity million (PRA) (44 U.S.C. 3501 et seq.). Since the rule, EPA has taken the necessary steps Agency has made a ‘‘good cause’’ to eliminate drafting errors and ***** finding that this action is not subject to ambiguity, minimize potential litigation, Corn, field, forage ...... 6.0 notice-and-comment requirements and provide a clear legal standard for ***** Grain, aspirated fractions ...... 100.0 under the APA or any other statute (see affected conduct, as required by section ***** Unit III.), this action is not subject to 3 of Executive Order 12988, entitled
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* * * * * affected entities may include, but are to submit or view public comments, [FR Doc. 03–16622 Filed 7–1–03; 8:45 am] not limited to: access the index listing of the contents • BILLING CODE 6560–50–S Crop production (NAICS 111) of the official public docket, and to • Animal production (NAICS 112 access those documents in the public • Food manufacturing (NAICS 311) docket that are available electronically. • ENVIRONMENTAL PROTECTION Pesticide manufacturing (NAICS Although not all docket materials may AGENCY 32532) be available electronically, you may still This listing is not intended to be access any of the publicly available 40 CFR Part 180 exhaustive, but rather provides a guide docket materials through the docket for readers regarding entities likely to be facility identified in Unit I.B.1. Once in [OPP–2003–0130; FRL–7310–9] affected by this action. Other types of the system, select ‘‘search,’’ then key in entities not listed in this unit could also the appropriate docket ID number. Famoxadone; Pesticide Tolerance be affected. The North American II. Background and Statutory Findings AGENCY: Environmental Protection Industrial Classification System Agency (EPA). (NAICS) codes have been provided to In the Federal Register of January 10, assist you and others in determining ACTION: Final rule. 2001 (66 FR 1981) (FRL–6760–8), EPA whether this action might apply to issued a notice pursuant to section 408 SUMMARY: This regulation establishes certain entities. If you have any of FFDCA, 21 U.S.C. 346a, as amended tolerances for residues of famoxadone questions regarding the applicability of by FQPA (Public Law 104–170), (3-anilino-5-methyl-5-(4- this action to a particular entity, consult announcing the filing of a pesticide phenoxyphenyl)-1,3-oxazolidine-2,4- the person listed under FOR FURTHER petition (PP 0F6070) for establishing dione) in or on vegetables, fruiting, INFORMATION CONTACT. tolerances for potatoes at 0.05 ppm, group 8 (except tomato) at 4.0 parts per B. How Can I Get Copies of this curcurbit vegetable crop group million (ppm), tomato at 1.0 ppm; Document and Other Related (cucumbers, melon, squash) at 0.7 ppm; fruiting vegetable crop group (tomatoes, vegetables cucurbit, group 9 at 0.30 Information? ppm; lettuce, head at 10.0 ppm; potato and peppers) at 1.0 ppm; and head at 0.02 ppm; grape at 2.50 ppm; grape, 1. Docket. EPA has established an lettuce at 15 ppm by Dupont, P.O. Box raisin at 4.0 ppm; fat of cattle, horses, official public docket for this action 80038, Wilmington, DE 19880–0038. goats, sheep at 0.02 ppm; liver of cattle, under docket identification (ID) number That notice included a summary of the horses, goats, sheep at 0.05 ppm; and OPP–2003–0130. The official public petition prepared by Dupont, the milk fat (reflecting negligible residues in docket consists of the documents registrant. There were no comments whole milk) at 0.060 ppm. E.I. Dupont specifically referenced in this action, received in response to the notice of Nemours and Company (Dupont) any public comments received, and filing. requested these tolerances under the other information related to this action. In a second Federal Register of Federal Food, Drug, and Cosmetic Act Although a part of the official docket, August 1, 2001 (66 FR 39762) (FRL– (FFDCA), as amended by the Food the public docket does not include 6789–2), EPA issued a notice pursuant Quality Protection Act of 1996 (FQPA). Confidential Business Information (CBI) to section 408 of FFDCA, 21 U.S.C. These reflect the first food tolerances for or other information whose disclosure is 346a, as amended by FQPA (Public Law this fungicide in the United States. restricted by statute. The official public 104–170), announcing the filing of a docket is the collection of materials that pesticide petition (PP 7E4847) for DATES: This regulation is effective July is available for public viewing at the establishing a tolerance for grapes at 2.0 2, 2003. Objections and requests for Public Information and Records parts per million by Dupont, P.O. Box hearings, identified by docket ID Integrity Branch (PIRIB), Rm. 119, 80038, Wilmington, DE 19880–0038. number OPP–2003–0130, must be Crystal Mall #2, 1921 Jefferson Davis That notice included a summary of the received on or before September 2, Hwy., Arlington, VA. This docket petition prepared by Dupont, the 2003. facility is open from 8:30 a.m. to 4 p.m., registrant. The Agency received a ADDRESSES: Written objections and Monday through Friday, excluding legal written comment from the World hearing requests may be submitted holidays. The docket telephone number Wildlife Fund (WWF) dated August 31, electronically, by mail, or through hand is (703) 305–5805. 2001. The Agency’s response to this delivery/courier. Follow the detailed 2. Electronic access. You may access comment can be found at Unit III.B. instructions as provided in Unit VI. of this Federal Register document The initial petitions requested that 40 the SUPPLEMENTARY INFORMATION. electronically through the EPA Internet CFR 180.587 be amended by FOR FURTHER INFORMATION CONTACT: under the ‘‘Federal Register’’ listings at establishing tolerances for residues of Dennis M. McNeilly, Registration http://www.epa.gov/fedrgstr/. A the fungicide famoxadone (3-anilino-5- Division (7505C), Office of Pesticide frequently updated electronic version of methyl-5-(4-phenoxyphenyl)-1,3- Programs, Environmental Protection 40 CFR part 180 is available at http:// oxazolidine-2,4-dione) in or on potatoes Agency, 1200 Pennsylvania Ave., www.access.gpo.gov/nara/cfr/ at 0.05 ppm; cucurbit vegetable crop _ _ _ NW.,Washington, DC 20460–0001; cfrhtml 00/Title 40/40cfr180 00.html, a group at 0.7 ppm; fruiting vegetable telephone number: (703) 308–6742; e- beta site currently under development. crop group at 1.0 ppm; head lettuce at mail address: [email protected]. To access the OPPTS Harmonized 15 ppm; grapes at 2.0 ppm; and raisins Guidelines referenced in this document, at 4.0 ppm. SUPPLEMENTARY INFORMATION: go directly to the guidelines at http:// Section 408(b)(2)(A)(i) of the FFDCA I. General Information www.epa.gov/opptsfrs/home/ allows EPA to establish a tolerance (the guidelin.htm. legal limit for a pesticide chemical A. Does this Action Apply to Me? An electronic version of the public residue in or on a food) only if EPA You may be potentially affected by docket is available through EPA’s determines that the tolerance is ‘‘safe.’’ this action if you are an agricultural electronic public docket and comment Section 408(b)(2)(A)(ii) of the FFDCA producer, food manufacturer, or system, EPA Dockets. You may use EPA defines ‘‘safe’’ to mean that ‘‘there is a pesticide manufacturer. Potentially Dockets at http://www.epa.gov/edocket/ reasonable certainty that no harm will
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result from aggregate exposure to the the risk assessment process, see the final at 0.05 ppm and milk, fat (reflecting pesticide chemical residue, including rule on Bifenthrin Pesticide Tolerances negligible residues in whole milk) at all anticipated dietary exposures and all (62 FR 62961, November 26, 1997) 0.060 ppm. EPA’s assessment of other exposures for which there is (FRL–5754–7). exposures and risks associated with reliable information.’’ This includes III. Aggregate Risk Assessment and establishing the tolerance follows. exposure through drinking water and in Determination of Safety A. Toxicological Profile residential settings, but does not include occupational exposure. Section Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed the EPA has evaluated the available 408(b)(2)(C) of the FFDCA requires EPA toxicity data and considered its validity, to give special consideration to available scientific data and other relevant information in support of this completeness, and reliability as well as exposure of infants and children to the action. EPA has sufficient data to assess the relationship of the results of the pesticide chemical residue in the hazards of and to make a studies to human risk. EPA has also establishing a tolerance and to ‘‘ensure determination on aggregate exposure, considered available information that there is a reasonable certainty that consistent with section 408(b)(2) of the concerning the variability of the no harm will result to infants and FFDCA, for tolerances for residues of sensitivities of major identifiable children from aggregate exposure to the famoxadone on vegetables, fruiting, subgroups of consumers, including pesticide chemical residue....’’ group 8 (except tomato) at 4.0 ppm; infants and children. The nature of the EPA performs a number of analyses to tomato at 1.0 ppm; vegetables, cucurbit, toxic effects caused by famoxadone are determine the risks from aggregate group 9 at 0.30 ppm; lettuce, head at discussed in Table 1 of this unit as well exposure to pesticide residues. For 10.0 ppm; potato at 0.02 ppm; grape at as the no-observed-adverse-effect-level further discussion of the regulatory 2.50 ppm; grape, raisin at 4.0 ppm; fat (NOAEL) and the lowest-observed- requirements of section 408 of the of cattle, horses, goats, sheep at 0.02 adverse-effect-level (LOAEL) from the FFDCA and a complete description of ppm; liver of cattle, horses, goats, sheep toxicity studies reviewed.
TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY
Guideline No. Study Type Results
870.3100 90-Day oral toxicity in rats NOAEL = Male (M): 3.3 milligrams/kilogram/day (mg/kg/day); Female (F): 4.2 mg/kg/ day. LOAEL = M: 13.0 mg/kg/day based on mild hemolytic anemia and decreased glu- cose. F: 16.6 mg/kg/day based on decreased body weight gain, food consump- tion, and food efficiency; mild hemolytic anemia and decreased globulin.
870.3100 90-Day oral toxicity in NOAEL = M: 62.4 mg/kg/day; F: 79.7 mg/kg/day. mice LOAEL = M: 534 mg/kg/day based on mild hemolytic anemia with secondary re- sponses in spleen and mild hepatotoxicity in the liver. F: 757 mg/kg/day based on mild hemolytic anemia with secondary responses in spleen and mild hepatotoxicity in the liver.
870.3150 90-Day oral toxicity in NOAEL = M: 1.3 mg/kg/day; F: 1.4 mg/kg/day nonrodents (dogs) LOAEL = M: 10.0 mg/kg/day based on lens cataracts in eyes. At 23.8/21.2 mg/kg/ day, also myotonic twitches (starting on day 21); decreased body weight, body weight gain, food consumption, and food efficiency; slight anemia and hyper- kalemia. F: 1.4 mg/kg/day based on lens cataracts in eyes. At 10.1 mg/kg/day, no additional effects. At 23.3/20.1 mg/kg/day, same effects as for males at 23.8/21.2 mg/kg/day.
870.3200 28-Day dermal toxicity in NOAEL = M: 250 mg/kg/day; F: 1,000 mg/kg/day rats LOAEL = M: 500 mg/kg/day based on increased alkaline phosphatase, alanine aminotransferase and sorbitol dehydrogenase; and mild hepatotoxicity in the liver. F: none (>1,000 mg/kg/day). No dermal irritation in M or F.
870.3700 Prenatal developmental in Maternal NOAEL = 250 mg/kg/day rats LOAEL = 500 mg/kg/day based on transient decreased body weight gain and food consumption. Developmental NOAEL = 1,000 mg/kg/day LOAEL = none (>1,000 mg/kg/day
870.3700 Prenatal developmental in Maternal NOAEL = 350 mg/kg/day nonrodents (rabbits) LOAEL = 1,000 mg/kg/day based on abortions; decreased body weight, body weight gain, and food consumption; and abnormal stools. Developmental NOAEL = 350 mg/kg/day LOAEL = 1,000 mg/kg/day based on abortions and equivocal increases in postimplantation loss and mean resorptions per dose.
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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued
Guideline No. Study Type Results
870.3800 Reproduction and fertility Parental/Systemic NOAEL = M/F: 11.3/14.2 mg/kg/day effects (rats) LOAEL = M/F: 44.7/53.3 mg/kg/day based on decreased body weight, body weight gain, and food consumption; and hepatotoxicity in the liver. Reproductive NOAEL = M/F: 44.7/53.3 mg/kg/day LOAEL = M/F: none (>44.7/53.3 mg/kg/day Offspring NOAEL = M/F: 11.3/14.2 mg/kg/day LOAEL = M/F: 44.7/53.3 mg/kg/day based on decreased body weights for F1 and F2 pups throughout lactation.
870.4100 Chronic toxicity in dogs NOAEL = M: 1.2 mg/kg/day. F: 1.2 mg/kg/day. LOAEL = M: 8.8 mg/kg/day based on lens cataracts in eyes. F: 9.3 mg/kg/day based on lens cataracts in eyes. No other adverse effects were observed in M or F.
870.4100 Chronic toxicity in NOAEL = M: 100 mg/kg/day. F: 100 mg/kg/day. Cynomolgus monkeys LOAEL = M: 1,000 mg/kg/day based on mild hemolytic anemia with secondary re- sponses in spleen, liver and kidney; and sinus dilatation in spleen. F: 1,000 mg/ kg/day based on mild hemolytic anemia with secondary responses in spleen, liver and kidney; and sinus dilatation in spleen.No evidence of lens cataracts in eyes of M or F.
870.4200 Carcino-genicity in mice NOAEL = M: 96 mg/kg/day. F: 130 mg/kg/day. LOAEL = M: 274 mg/kg/day based on slight hepatotoxicity in the liver; no anemia. F: 392 mg/kg/day based on amyloidosis and slight hepatotoxicity in the liver; no anemia. No evidence of carcinogenicity in M or F.
870.4300 Combined chronic toxicity/ NOAEL = M: 8.4 mg/kg/day. F: 2.2 mg/kg/day carcinogenicity in rats LOAEL = M: 16.8 mg/kg/day based on slight hemolytic anemia with compensatory erythropoiesis and secondary responses in spleen and bone marrow; and mild hepatotoxicity in the liver. F: 10.7 mg/kg/day based on decreased body weight gain and slight hemolytic anemia. At 23.0 mg/kg/day, also secondary responses to anemia in spleen, bone marrow and/or liver; and mild hepatotoxicity in the liver. No evidence of carcinogenicity M or F.
870.5100 Reverse gene mutation Negative without and with S-9 activation up to limit dose of 5,000 µgram(g)/plate.
870.5300 Forward gene mutation Negative without and with S-9 activation up to the limit of solubility (in DMSO) of 30 (In Vitro Mammalian Cell µg/mL. Gene Mutation Test)
870.5300 Forward gene mutation Negative without and with S-9 activation up to cytotoxic concentrations (≥ 200 µg/mL (CHO/HGPRT locus) without S-9 and ≥ 150 µg/mL with S-9).
870.5375 Chromosome aberration Positive (weak clastogenic effect) without S-9 activation. Statistically significant in- (human lymphocytes) creases in percentage of aberrant cells at several dose levels ranging from 5–15 µg/mL. Cytotoxicity was observed at 10–18 µg/mL. Negative with S-9 activation.
870.5375 Chromosome aberration Positive (weak clastogenic effect) without S-9 activation. Statistically significant in- (human lymphocytes) creases in percentage of aberrant cells at several dose levels ranging from 15–30 µg/mL. Cytotoxicity was observed at 20–30 µg/mL. Negative with S-9 activation.
870.5395 Micronucleus assay Negative at single-oral doses of up to limit dose of 5,000 mg/kg. (mouse bone marrow)
870.5550 Unscheduled DNA Positive response (increased net nuclear grain counts) observed at several treat- synthesis ment levels ranging from 0.05–10 µg/mL. Cytotoxicity was observed at 10 µg/mL. (rat hepatocytes)
870.5550 Unscheduled DNA syn- Negative at treatment levels up to 10 µg/mL. Cytotoxicity was observed at 10 µg/mL. thesis (rat hepatocytes)
870.5550 Unscheduled DNA syn- Negative at treatment levels up to 5.0 µg/mL. Cytotoxicity was observed at 2.5 and thesis (prim. rat 5.0 µg/mL. hepatocytes)
870.5550 Unscheduled DNA syn- Negative at single-oral doses of up to 2,000 mg/kg. No marked increases in net nu- thesis (hepatocytes de- clear grain counts or percentage of cells in repair in hepatocyte cultures. rived from male rats given Famoxadone)
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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued
Guideline No. Study Type Results
870.6200 Acute neurotoxicity NOAEL = M: 1,000 mg/kg F: 2,000 mg/kg. screening battery (rats) LOAEL = M: 2,000 mg/kg based on decreased body weight gain and food consump- tion (on days 1–2); and palpebral (eyelid) closure (on day 1 only). F: none (>2,000 mg/kg).
870.6200 Subchronic neurotoxicity NOAEL = M: 11.7 mg/kg/day F: 14.4 mg/kg/day. screening battery (rats) LOAEL = M: 47 mg/kg/day based on decreased body weight, body weight gain, food consumption and food efficiency. F:59 mg/kg/day based on decreased body weight, body weight gain, food consumption and food efficiency. No evidence of neurotoxicity in M or F.
870.7800 Immunotoxicity study, rats NOAEL = M: 14 mg/kg/day. F: 16 mg/kg/day. (28-days) LOAEL = M: 55 mg/kg/day based on decreased body weight, body weight gain, food consumption, and food efficiency; and increased spleen weights (probably due to increased pigment in spleen). F: 57 mg/kg/day based on decreased body weight, body weight gain, food consumption, and food efficiency; and increased spleen weights (probably due to increased pigment in spleen). No evidence of immunotoxicity in M or F.
870.7800 Immunotoxicity study,mice NOAEL = M: 1186 mg/kg/day. F: 417 mg/kg/day. (28-days) LOAEL = M: none (>1,186 mg/kg/day). F: 1,664 mg/kg/day based on increased spleen weights (probably due to increased pigment in spleen). No evidence of immunotoxicity in M or F.
870.7485 Metabolism and phar- Only about 40% of the administered dose was absorbed. Most of the administered macokinetics, rats dose (87–6%) was eliminated in the feces within 24 hours; very little (3–12%) was eliminated in the urine. Unchanged parent (51–84% of administered dose) and 2 hydroxylated metabolites (IN-KZ534 and IN-KZ007) were the major components recovered in the feces. No significant qualitative or quantitative differences were observed for sex, dose level, or repeated dosing.
870.7485 Metabolism and phar- Absorption was limited. Most of the administered dose (62%) was eliminated in the macokinetics, dogs feces within 24 hours; very little (about 8%)was eliminated in the urine. Initially, (males only) unchanged parent (94–97% of radioactivity in feces) was recovered in the feces, but later (>24 hrs) unchanged parent (12–35% of radioactivity in feces), IN-KZ007 (21–3% of radioactivity in feces) and IN-ML815 (4–9% of radioactivity in feces) were recovered. Even later (>48 hrs), trace amounts of the hydroxylated metabo- lites IN-KZ532 and IN-KZ534 were also identified in the feces.
B. Toxicological Endpoints the RfD is equal to the NOAEL divided assumes that any amount of exposure The dose at which no adverse effects by the appropriate UF (RfD = NOAEL/ will lead to some degree of cancer risk. are observed (the NOAEL) from the UF). Where an additional safety factors A Q* is calculated and used to estimate toxicology study identified as (SF) is retained due to concerns unique risk which represents a probability of appropriate for use in risk assessment is to the FQPA, this additional factor is occurrence of additional cancer cases used to estimate the toxicological level applied to the RfD by dividing the RfD (e.g., risk is expressed as 1 x 10-6 or one of concern (LOC). However, the lowest by such additional factor. The acute or in a million). Under certain specific dose at which adverse effects of concern chronic Population Adjusted Dose circumstances, MOE calculations will are identified (the LOAEL) is sometimes (aPAD or cPAD) is a modification of the be used for the carcinogenic risk used for risk assessment if no NOAEL RfD to accommodate this type of FQPA assessment. In this non-linear approach, was achieved in the toxicology study SF. a ‘‘point of departure’’ is identified selected. An uncertainty factor (UF) is For non-dietary risk assessments below which carcinogenic effects are applied to reflect uncertainties inherent (other than cancer) the UF is used to not expected. The point of departure is determine the LOC. For example, when in the extrapolation from laboratory typically a NOAEL based on an 100 is the appropriate UF (10X to animal data to humans and in the endpoint related to cancer effects account for interspecies differences and variations in sensitivity among members though it may be a different value of the human population as well as 10X for intraspecies differences) the derived from the dose response curve. other unknowns. An UF of 100 is LOC is 100. To estimate risk, a ratio of To estimate risk, a ratio of the point of routinely used, 10X to account for the NOAEL to exposures (margin of departure to exposure (MOE = point interspecies differences and 10X for exposure (MOE) = NOAEL/exposure) is cancer intraspecies differences. calculated and compared to the LOC. of departure/exposures) is calculated. A For dietary risk assessment (other The linear default risk methodology summary of the toxicological endpoints than cancer) the Agency uses the UF to (Q*) is the primary method currently for famoxadone used for human risk calculate an acute or chronic reference used by the Agency to quantify assessment is shown in Table 2 of this dose (acute RfD or chronic RfD) where carcinogenic risk. The Q* approach unit:
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TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR FAMOXADONE FOR USE IN HUMAN RISK ASSESSMENT
Dose Used in Risk Assess- FQPA SF* and Level of Con- Exposure Scenario ment, UF cern for Risk Assessment Study and Toxicological Effects
Acute Dietary Not applicable Not applicable No appropriate endpoint attributable to a sin- (Females 13–50 years of age) gle-oral dose was identified in the available toxicology studies on famoxadone.
Acute Dietary Not applicable Not applicable No appropriate endpoint attributable to a sin- (General population including gle-oral dose was identified in the available infants and children) toxicology studies on famoxadone.
Chronic Dietary LOAEL= 1.4 mg/kg/day FQPA SF = 1 13-Week feeding study in dogs.b (All populations) UF = 1,000a cPAD = chronic RfD/FQPA LOAEL = 1.4 mg/kg/day based on microscopic Chronic RfD = 0.0014 mg/ SF lens lesions (cataracts) in eyes of female kg/day Chronic PAD = 0.0014 mg/ dogs. kg/day
Cancer Not applicable Not applicable Classification: Not Likely to be carcinogenic to (Oral, dermal, and inhalation) humans. * The reference to the FQPA SF refers to any additional SF retained due to concerns unique to the FQPA. a The UF of 1,000 includes the conventional 100 and an additional 10 for the use of the LOAEL and dose from a subchronic (13-week) study for chronic risk assessment. b Regarding the chronic RfD for famoxadone, a 1-year chronic feeding study in dogs is available, but was determined to not be an appropriate study for use in chronic risk assessment at this time. Although the testing laboratory reported a NOAEL of 1.2 mg/kg/day for treatment-related lens lesions (cataracts) in the eyes of the male and female dogs, a subsequent evaluation by a consulting pathologist of the microscopic sections of the eyes from all dogs in this study strongly suggested that a serious fixation artifact affected all the eye sections such that only prominent cataracts were detectable and as a consequence, a NOAEL could not be reliably determined with any degree of confidence. Considering this second evaluation, the Agency concluded that this fixation artifact may have had a profound effect on the interpretation of the histopathological findings in the eyes of all dogs in this study. In view of the considerable uncertainty relating to the microscopic findings in the eyes of all dogs in this study and the resulting uncertainty with regard to determining a NOAEL for eye effects, the Agency decided to not use the results from this 1-year study for the purpose of determining a chronic RfD for famoxadone at this time. Based on a consideration of findings in the eyes of dogs in both the 13-week and 1-year feeding studies, it was determined that the lowest dose at which evidence of cataracts was actually observed was in the female dogs in the 13-week study at the lowest dose tested of 1.4 mg/kg/day (the LOAEL). This 13-week study, rather than the 1-year study, was selected to be the most appropriate study for chronic risk assessment at this time. Since a LOAEL, rather than a NOAEL, and a sub- chronic study, rather than a chronic study, were used to determine the chronic RfD, an additional 10x UF was added to the conventional UF of 100x. The chronic RfD (LOAEL of 1.4 mg/kg/day/UF of 1,000) for famoxadone was determined to be 0.0014 mg/kg/day.
The comment received from WWF determine whether certain substances i. Acute exposure. Acute dietary risk concerned a toxicity issue in particular: (including all pesticide active and other assessments are performed for a food- The potential for famoxadone to be an ingredients) may have an effect in use pesticide if a toxicological study has endocrine disruptor. WWF quoted the humans that is similar to an effect indicated the possibility of an effect of notice of filing which was written by produced by a naturally occurring concern occurring as a result of a one Dupont. ‘‘Chronic, lifespan and multi- estrogen, or such other endocrine day or single exposure. No toxicological generational bioassays in mammals and effect... EPA has been working with endpoint attributable to a single-oral acute and subchronic studies on aquatic interested stakeholders to develop a dose was identified in the available organisms and wildlife did not reveal screening and testing program as well as toxicology studies on famoxadone that endocrine effects. Any endocrine related a priority-setting scheme. In the would be applicable to females (13–50 effects would have to have been available toxicity studies on years) or to the general population detected in this definitive array of famoxadone, no evidence of endocrine- (including infants and children). required tests. The probability of any Therefore, famoxadone is not expected related effects was observed. However, such effects due to agricultural uses of to pose an acute dietary risk. famoxadone may be subjected to further famoxadone is negligible.’’ WWF stated screening and/or testing to better ii. Chronic exposure. In conducting that pursuant to FQPA, the Agency is this chronic dietary risk assessment the characterize potential effects related to establishing a new endocrine disruptor Dietary Exposure Evaluation Model endocrine disruption when additional screening and testing program because (DEEMTM) analysis evaluated the appropriate screening and/or testing existing toxicology protocols are not individual food consumption as adequate to detect endocrine disruption. protocols have been developed by the reported by respondents in the USDA Therefore, Dupont’s evaluation of the Agency’s Endocrine Disruptor and 1994–1996 and 1998–nationwide endocrine disruptor potential is Testing Advisory Committee (EDSTAC). Continuing Surveys of Food Intake by incomplete and consequently C. Exposure Assessment Individuals (CSFII) and accumulated misleading. WWF also urges the Agency exposure to the chemical for each to consider not only evidence of 1. Dietary exposure from food and commodity. The following assumptions increasedsusceptibility, but also the feed uses. Tolerances are being were made for the chronic exposure significance of endocrine disruptor data established for (40 CFR 180.587) for the assessments: Anticipated residues based gaps when determining the FQPA SF for residues of famoxadone, in or on a upon average field trial values and famoxadone. variety of raw agricultural commodities. assumptions that 100% of each crop is In response to the WWF the Agency Risk assessments were conducted by treated with famoxadone. notes that FQPA requires EPA to EPA to assess dietary exposures from iii. Cancer. The Agency has classified develop a screening program to famoxadone in food as follows: famoxadone as not likely to be
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carcinogenic to humans. As such, water concentrations would exceed chemicals, see the final rule for famoxadone is not expected to pose a human health levels of concern. Bifenthrin Pesticide Tolerances (62 FR cancer dietary risk. Since the models used are considered 62961, November 26, 1997). iv. Anticipated residue and percent to be screening tools in the risk crop treated (PCT) information. assessment process, the Agency does D. Safety Factor for Infants and Section 408(b)(2)(E) of the FFDCA not use estimated environmental Children authorizes EPA to use available data and concentrations (EECs) from these 1. In general. Section 408 of the information on the anticipated residue models to quantify drinking water FFDCA provides that EPA shall apply levels of pesticide residues in food and exposure and risk as a %RfD or %PAD. an additional tenfold margin of safety the actual levels of pesticide chemicals Instead drinking water levels of for infants and children in the case of that have been measured in food. If EPA comparison (DWLOCs) are calculated threshold effects to account for prenatal relies on such information, EPA must and used as a point of comparison and postnatal toxicity and the require that data be provided 5 years against the model estimates of a completeness of the data base on after the tolerance is established, pesticide’s concentration in water. toxicity and exposure unless EPA modified, or left in effect, demonstrating DWLOCs are theoretical upper limits on determines that a different margin of that the levels in food are not above the a pesticide’s concentration in drinking safety will be safe for infants and levels anticipated. Following the initial water in light of total aggregate exposure children. Margins of safety are data submission, EPA is authorized to to a pesticide in food, and from incorporated into EPA risk assessments require similar data on a time frame it residential uses. Since DWLOCs address either directly through use of a MOE deems appropriate. No PCT information total aggregate exposure to famoxadone analysis or through using uncertainty was used in the risk assessment. The they are further discussed in the (safety) factors in calculating a dose Agency used 100% which would over aggregate risk sections in Unit E. level that poses no appreciable risk to estimate exposure. Based on the PRZM/EXAMS and SCI- humans. 2. Dietary exposure from drinking GROW models the EECs of famoxadone 2. Prenatal and postnatal sensitivity. water. for chronic exposures are estimated to The Agency concluded that there is not The Agency lacks monitoring be 0.47 parts per billion (ppb) for a concern for pre- and/or postnatal exposure data to complete a surface water and 0.23 ppb for ground toxicity resulting from exposure to comprehensive dietary exposure water. famoxadone. analysis and risk assessment for 3. From non-dietary exposure. The No quantitative or qualitative famoxadone in drinking water because term ‘‘residential exposure’’ is used in evidence of increased susceptibility, as this is a new chemical. Because the this document to refer to non- compared to adults, of rat or rabbit Agency does not have comprehensive occupational, non-dietary exposure fetuses to in utero exposure to monitoring data, drinking water (e.g., for lawn and garden pest control, famoxadone was observed in the concentration estimates are made by indoor pest control, termiticides, and developmental toxicity studies. No reliance on simulation or modeling flea and tick control on pets). quantitative or qualitative evidence of taking into account data on the physical Famoxadone is not registered for use increased susceptibility, as compared to characteristics of famoxadone. on any sites that would result in adults, of rat fetuses or neonates was The Agency uses the FQPA Index residential exposure. observed in the 2-generation Reservoir Screening Tool (FIRST) or the 4. Cumulative exposure to substances reproduction study. Pesticide Root Zone/Exposure Analysis with a common mechanism of toxicity. In the rat developmental toxicity Modeling System (PRZM/EXAMS) to Section 408(b)(2)(D)(v) of the FFDCA study, the NOAEL for maternal toxicity estimate pesticide concentrations in requires that, when considering whether was 250 mg/kg/day and the LOAEL was surface water and SCI-GROW, which to establish, modify, or revoke a 500 mg/kg/day, based on transient predicts pesticide concentrations in tolerance, the Agency consider decreases in body weight gain and food groundwater. In general, EPA will use ‘‘available information’’ concerning the consumption. At 1,000 mg/kg/day, no FIRST (a tier 1 model) before using cumulative effects of a particular additional treatment-related effects were PRZM/EXAMS (a tier 2 model) for a pesticide’s residues and ‘‘other observed in the dams. No screening-level assessment for surface substances that have a common developmental toxicity was observed in water. The FIRST model is a subset or mechanism of toxicity.’’ the rat study. The NOAEL for meta-model of the PRZM/EXAMS EPA does not have, at this time, developmental toxicity was 1,000 mg/ model that uses specific high-end runoff available data to determine whether kg/day, the highest dose tested. scenario for pesticides. FIRST famoxadone has a common mechanism In the rabbit developmental toxicity incorporates an index reservoir of toxicity with other substances or how study, the maternal and developmental environment and a percent crop area to include this pesticide in a cumulative NOAELs and LOAELs were the same. (PCA), while PRZM/EXAMS incorporate risk assessment. Unlike other pesticides The NOAEL for maternal toxicity and an index reservoir environment, PCA, for which EPA has followed a developmental toxicity was 350 mg/kg/ all available information on the cumulative risk approach based on a day. The LOAEL for maternal toxicity pesticide’s fate and use pattern, and common mechanism of toxicity, was 1,000 mg/kg/day, based on site-specific cropping information. famoxadone does not appear to produce abortions in 4 out of 17 does; markedly None of these models include a toxic metabolite produced by other decreased body weight, reduced body consideration of the impact processing substances. For the purposes of this weight gain and reduced food (mixing, dilution, or treatment) of raw tolerance action, therefore, EPA has not consumption in the same 4 does, and water for distribution as drinking water assumed that famoxadone has a increased number of does with would likely have on the removal of common mechanism of toxicity with abnormal or little or no stools. The pesticides from the source water. The other substances. For information LOAEL for developmental toxicity was primary use of these models by the regarding EPA’s efforts to determine 1,000 mg/kg/day; based on abortions in Agency at this stage is to provide a which chemicals have a common 4 out of 17 does; and equivocal screen for sorting out pesticides for mechanism of toxicity and to evaluate increases in percent post implantation which it is highly unlikely that drinking the cumulative effects of such loss and mean number of resorptions
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per doe. In the rabbit study, maternal tested, would not be anticipated to as used by the USEPA Office of Water toxicity (does) and developmental occur in a developmental neurotoxicity are used to calculate DWLOCs: 2 liter toxicity (fetuses) are considered to be study in rats. (L)/70 kg (adult male), 2L/60 kg (adult equally sensitive to the test material. 4. Conclusion. The Agency concluded female), and 1L/10 kg (child). Default Therefore, based on the results in these that the toxicology database was body weights and drinking water two developmental toxicity studies in complete for FQPA purposes and that consumption values vary on an rats and rabbits, no increased there are no residential uncertainties for individual basis. This variation will be susceptibility of the fetuses (as pre-/postnatal toxicity. Based on the taken into account in more refined compared to adults) was demonstrated hazard data, the Agency recommended screening-level and quantitative for famoxadone. the special FQPA SF be reduced to 1x. drinking water exposure assessments. In the 2-generation reproduction The famoxadone risk assessment team Different populations will have different study in rats, the NOAEL for parental evaluated the quality of the exposure DWLOCs. Generally, a DWLOC is toxicity was 200 ppm (equal to 11.3/ data; and, based on these data, calculated for each type of risk 14.2 mg/kg/day, M/F) and the LOAEL recommended that the special FQPA SF assessment used: Acute, short-term, was 800 ppm (44.7/53.3 mg/kg/day, M/ be reduced to 1x. The recommendation intermediate-term, chronic, and cancer. F), based on decreased body weight, is based on the following: When EECs for surface water and body weight gain, and food i. There is no quantitative or groundwater are less than the calculated consumption; and heptotoxicity in the qualitative evidence of increased DWLOCs, OPP concludes with liver. Also, at 800 ppm, adaptive susceptibility of rat and rabbit fetuses to reasonable certainty that exposures to hepatocellular responses indicating in utero exposure in developmental the pesticide in drinking water (when enzyme induction were observed. No studies. There is no quantitative or considered along with other sources of reproductive toxicity was observed in qualitative evidence of increased exposure for which OPP has reliable this study. The NOAEL for reproductive susceptibility of rat offspring in the data) would not result in unacceptable toxicity was 800 ppm (44.7/53.3 mg/kg/ multi-generation reproduction study. levels of aggregate human health risk at day, M/F), the highest dose tested. In ii. The chronic dietary food exposure this time. Because OPP considers the this same study, the NOAEL for assessment utilizes average field trial aggregate risk resulting from multiple offspring toxicity was 200 ppm (equal to residue data and for all proposed uses, exposure pathways associated with a 11.3/14.2 mg/kg/day, M/F) and the 100% crop treated is assumed. The pesticide’s uses, levels of comparison in LOAEL was 800 ppm (44.7/53.3 mg/kg/ chronic assessment is somewhat refined drinking water may vary as those uses day, based on decreased body weights and based on reliable data derived from change. If new uses are added in the for F1 and F2 pups throughout their studies designed to produce worst-case future, OPP will reassess the potential respective lactation periods. residues and unlikely to underestimate impacts of residues of the pesticide in 3. Neurotoxicity. The Agency exposure. drinking water as a part of the aggregate concluded that there is not a concern for risk assessment process. developmental neurotoxicity resulting E. Aggregate Risks and Determination of from exposure to famoxadone and that Safety 1. Acute risk. No appropriate a developmental neurotoxicity study is To estimate total aggregate exposure endpoint attributable to a single-oral not required. to a pesticide from food, drinking water, dose was identified in the available Although clinical signs of and residential uses, the Agency toxicology studies on famoxadone. neurotoxicity were observed in dogs in calculates DWLOCs which are used as a Therefore, no acute risk from the 13-week study at the highest dose point of comparison against the model famoxadone is not expected. tested (>20 mg/kg/day), this effect was estimates of a pesticide’s concentration 2. Chronic risk. Using the exposure not observed at lower doses of about 10 in water. DWLOC values are not assumptions described in this unit for mg/kg/day in the same 13-week study or regulatory standards for drinking water. chronic exposure, EPA has concluded in a subsequently performed 1-year DWLOCs are theoretical upper limits on that exposure to famoxadone from food feeding study in dogs. Also, a pesticide’s concentration in drinking will utilize 36% of the cPAD for the toxicologically significant signs of water in light of total aggregate exposure U.S. population, 76% of the cPAD for neurotoxicity were not observed in any to a pesticide in food and residential Children ages 1–2 and 68% of the cPAD of the other studies on famoxadone in uses. In calculating a DWLOC, the for Children ages 3–5. Children ages 1– any species (including rats, mice, or Agency determines how much of the 2 are expected to be the most highly monkeys) at any time. In addition, pre- acceptable exposure (i.e., the PAD) is exposed subpopulation to famoxadone. and postnatal studies in rats and rabbits available for exposure through drinking There are no residential uses for demonstrated no increased water e.g., allowable chronic water famoxadone. In addition, there is susceptibility of fetuses or neonates to exposure (mg/kg/day) = cPAD - (average potential for chronic dietary exposure to famoxadone as compared to adults. food + residential exposure). This famoxadone in drinking water. After Toxicologically significant neurotoxic allowable exposure through drinking calculating DWLOCs and comparing effects would not be expected to occur water is used to calculate a DWLOC. them to the EECs for surface and ground in an additional study in rats. The A DWLOC will vary depending on the water, EPA does not expect the clinical signs of neurotoxicity (muscle toxic endpoint, drinking water aggregate exposure to exceed 100% of twitches) observed only in dogs, only in consumption, and body weights. Default the cPAD, as shown in Table 3 of this males, and only at the highest dose body weights and consumption values unit:
TABLE 3.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER)EXPOSURE TO FAMOXADONE
Surface Water Ground Water EEC Chronic DWLOC Population Subgroup cPAD mg/kg/day % cPAD (Food) EEC (ppb) (ppb) (ppb)
U.S. Population 0.0014 36% 0.47 0.23 31
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TABLE 3.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER)EXPOSURE TO FAMOXADONE—Continued
Surface Water Ground Water EEC Chronic DWLOC Population Subgroup cPAD mg/kg/day % cPAD (Food) EEC (ppb) (ppb) (ppb)
Children 1–2 years old 0.0014 76% 0.47 0.23 3.4
Children 3–5 years old 0.0014 68% 0.47 0.23 4.5
3. Short-term risk. Short-term The multi-residue methods testing The new section 408(g) of the FFDCA aggregate exposure takes into account appears to be scientifically acceptable provides essentially the same process residential exposure plus chronic and has been sent to the FDA for further for persons to ‘‘object’’ to a regulation exposure to food and water (considered evaluation. Preliminary analysis for an exemption from the requirement to be a background-exposure level). suggests that Protocol D may be of a tolerance issued by EPA under new Famoxadone is not registered for use on appropriate for analysis of famoxadone section 408(d) of FFDCA, as was any sites that would result in residential in plant matrices and has the potential provided in the old sections 408 and exposure. Therefore, the aggregate risk to be the primary enforcement method. 409 of the FFDCA. However, the period is the sum of the risk from food and Adequate enforcement methodology for filing objections is now 60 days, water, which do not exceed the is available to enforce the tolerance rather than 30 days. Agency’s level of concern. expression. The method may be A. What Do I Need to Do to File an 4. Intermediate-term risk. requested from: Chief, Analytical Objection or Request a Hearing? Intermediate-term aggregate exposure Chemistry Branch, Environmental takes into account residential exposure Science Center, 701 Mapes Rd., Ft. You must file your objection or plus chronic exposure to food and water Meade, MD 20755–5350; telephone request a hearing on this regulation in (considered to be a background- number: (410) 305–2905; e-mail address: accordance with the instructions exposure level). Famoxadone is not [email protected]. provided in this unit and in 40 CFR part registered for use on any sites that B. International Residue Limits 178. To ensure proper receipt by EPA, would result in residential exposure. you must identify docket ID number Therefore, the aggregate risk is the sum No CODEX maximum residue limits OPP–2003–0130 in the subject line on of the risk from food and water, which currently exist for famoxadone: the first page of your submission. All do not exceed the Agency’s level of Maximum Residue Levels (MRLs) have requests must be in writing, and must be concern. been established for potatoes in the mailed or delivered to the Hearing Clerk 5. Aggregate cancer risk for U.S. Netherlands at 0.02 ppm and for grapes on or before September 2, 2003. population. Famoxadone is classified as in Germany at 2.0 ppm. ‘‘not likely to be carcinogenic to 1. Filing the request. Your objection humans.’’ As such, no cancer risk is V. Conclusion must specify the specific provisions in expected. Therefore, tolerances are established the regulation that you object to, and the 6. Determination of safety. Based on for residues of famoxadone (3-anilino-5- grounds for the objections (40 CFR these risk assessments, EPA concludes methyl-5-(4-phenoxyphenyl)-1,3- 178.25). If a hearing is requested, the that there is a reasonable certainty that oxazolidine-2,4-dione) in or on objections must include a statement of no harm will result to the general vegetables, fruiting, group 8 (except the factual issues(s) on which a hearing population, including infants and tomato) at 4.0 ppm; tomato at 1 ppm; is requested, the requestor’s contentions children, from aggregate exposure to vegetables cucurbit, group 9 at 0.30 on such issues, and a summary of any famoxadone residues. ppm; lettuce, head at 10.0 ppm; potato evidence relied upon by the objector (40 CFR 178.27). Information submitted in IV. Other Considerations at 0.02 ppm grape at 2.50 ppm (import only); raisin at 4.0 ppm (import only); connection with an objection or hearing A. Analytical Enforcement Methodology fat of cattle, horses, goats, sheep at 0.02 request may be claimed confidential by Famoxadone was screened through ppm; liver of cattle, horses, goats, sheep marking any part or all of that multi-residue methods listed in the at 0.05 ppm; and milk, fat (reflecting information as CBI. Information so Pesticide Analytical Manual Volume I negligible residues in whole milk) at marked will not be disclosed except in (PAM Vol. I), Third Edition (January 0.060 ppm. accordance with procedures set forth in 1994), using Protocols C to E. Protocols 40 CFR part 2. A copy of the A and B were not used because VI. Objections and Hearing Requests information that does not contain CBI famoxadone does not have an n-methyl Under section 408(g) of the FFDCA, as must be submitted for inclusion in the carbamate structure (Protocol A), nor is amended by the FQPA, any person may public record. Information not marked it an acid or phenol (Protocol B). file an objection to any aspect of this confidential may be disclosed publicly Protocol C showed good analytical regulation and may also request a by EPA without prior notice. response using the electron-capture hearing on those objections. The EPA Mail your written request to: Office of detector (ECD) and nitrogen-phosphorus procedural regulations which govern the the Hearing Clerk (1900C), detector (NPD). Good recoveries were submission of objections and requests Environmental Protection Agency, 1200 obtained for the analysis of wine, for hearings appear in 40 CFR part 178. Pennsylvania Ave., NW., Washington, grapes, and tomatoes (92–138%) using Although the procedures in those DC 20460–0001. You may also deliver Protocol D. Food commodities can be regulations require some modification to your request to the Office of the Hearing analyzed for famoxadone residues using reflect the amendments made to the Clerk in Rm.104, Crystal Mall #2, 1921 the appropriate extraction method with FFDCA by the FQPA, EPA will continue Jefferson Davis Hwy., Arlington, VA. the mixed ether elution system, to use those procedures, with The Office of the Hearing Clerk is open resulting in recovery values of 92 to appropriate adjustments, until the from 8 a.m. to 4 p.m., Monday through 108%. necessary modifications can be made. Friday, excluding legal holidays. The
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telephone number for the Office of the B. When Will the Agency Grant a proposed rule, the requirements of the Hearing Clerk is (703) 603–0061. Request for a Hearing? Regulatory Flexibility Act (RFA) (5 2. Tolerance fee payment. If you file A request for a hearing will be granted U.S.C. 601 et seq.) do not apply. In an objection or request a hearing, you if the Administrator determines that the addition, the Agency has determined must also pay the fee prescribed by 40 material submitted shows the following: that this action will not have a CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue substantial direct effect on States, on the fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility relationship between the national must mail the fee to: EPA Headquarters that available evidence identified by the government and the States, or on the Accounting Operations Branch, Office requestor would, if established resolve distribution of power and of Pesticide Programs, P.O. Box one or more of such issues in favor of responsibilities among the various 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account levels of government, as specified in identify the fee submission by labeling uncontested claims or facts to the Executive Order 13132, entitled it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual Federalism (64 FR 43255, August 10, EPA is authorized to waive any fee issues(s) in the manner sought by the 1999). Executive Order 13132 requires requirement ‘‘when in the judgement of requestor would be adequate to justify EPA to develop an accountable process the Administrator such a waiver or the action requested (40 CFR 178.32). to ensure ‘‘meaningful and timely input refund is equitable and not contrary to by State and local officials in the VII. Statutory and Executive Order the purpose of this subsection.’’ For development of regulatory policies that Reviews additional information regarding the have federalism implications.’’ ‘‘Policies waiver of these fees, you may contact This final rule establishes a tolerance that have federalism implications’’ is James Tompkins by phone at (703) 305– under section 408(d) of the FFDCA in defined in the Executive order to 5697, by e-mail at response to a petition submitted to the include regulations that have [email protected], or by mailing a Agency. The Office of Management and ‘‘substantial direct effects on the States, request for information to Mr. Tompkins Budget (OMB) has exempted these types on the relationship between the national at Registration Division (7505C), Office of actions from review under Executive government and the States, or on the of Pesticide Programs, Environmental Order 12866, entitled Regulatory distribution of power and Protection Agency, 1200 Pennsylvania Planning and Review (58 FR 51735, responsibilities among the various Ave., NW., Washington, DC 20460– October 4, 1993). Because this rule has levels of government.’’ This final rule 0001. been exempted from review under directly regulates growers, food If you would like to request a waiver Executive Order 12866 due to its lack of processors, food handlers and food of the tolerance objection fees, you must significance, this rule is not subject to retailers, not States. This action does not mail your request for such a waiver to: Executive Order 13211, Actions alter the relationships or distribution of James Hollins, Information Resources Concerning Regulations That power and responsibilities established and Services Division (7502C), Office of Significantly Affect Energy Supply, by Congress in the preemption Pesticide Programs, Environmental Distribution, or Use (66 FR 28355, May provisions of section 408(n)(4) of the Protection Agency, 1200 Pennsylvania 22, 2001). This final rule does not FFDCA. For these same reasons, the Ave., NW., Washington, DC 20460– contain any information collections Agency has determined that this rule 0001. subject to OMB approval under the does not have any ‘‘tribal implications’’ 3. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 to filing an objection or hearing request U.S.C. 3501 et seq., or impose any as described in Executive Order 13175, with the Hearing Clerk as described in enforceable duty or contain any entitled Consultation and Coordination Unit VI.A., you should also send a copy unfunded mandate as described under with Indian Tribal Governments (65 FR of your request to the PIRIB for its Title II of the Unfunded Mandates 67249, November 6, 2000). Executive inclusion in the official record that is Reform Act of 1995 (UMRA) (Public Order 13175, requires EPA to develop described in Unit I.B.1. Mail your Law 104–4). Nor does it require any an accountable process to ensure copies, identified by docket ID number special considerations under Executive ‘‘meaningful and timely input by tribal OPP–2003–0130, to: Public Information Order 12898, entitled Federal Actions to officials in the development of and Records Integrity Branch, Address Environmental Justice in regulatory policies that have tribal Information Resources and Services Minority Populations and Low-Income implications.’’ ‘‘Policies that have tribal Division (7502C), Office of Pesticide Populations (59 FR 7629, February 16, implications’’ is defined in the Programs, Environmental Protection 1994); or OMB review or any Agency Executive order to include regulations Agency, 1200 Pennsylvania Ave., NW., action under Executive Order 13045, that have ‘‘substantial direct effects on Washington, DC 20460–0001. In person entitled Protection of Children from one or more Indian tribes, on the or by courier, bring a copy to the Environmental Health Risks and Safety relationship between the Federal location of the PIRIB described in Unit Risks (62 FR 19885, April 23, 1997). Government and the Indian tribes, or on I.B.1. You may also send an electronic This action does not involve any the distribution of power and copy of your request via e-mail to: opp- technical standards that would require responsibilities between the Federal [email protected]. Please use an ASCII Agency consideration of voluntary Government and Indian tribes.’’ This file format and avoid the use of special consensus standards pursuant to section rule will not have substantial direct characters and any form of encryption. 12(d) of the National Technology effects on tribal governments, on the Copies of electronic objections and Transfer and Advancement Act of 1995 relationship between the Federal hearing requests will also be accepted (NTTAA), Public Law 104–113, section Government and Indian tribes, or on the on disks in WordPerfect 6.1/8.0 or 12(d) (15 U.S.C. 272 note). Since distribution of power and ASCII file format. Do not include any tolerances and exemptions that are responsibilities between the Federal CBI in your electronic copy. You may established on the basis of a petition Government and Indian tribes, as also submit an electronic copy of your under section 408(d) of the FFDCA, specified in Executive Order 13175. request at many Federal Depository such as the tolerance in this final rule, Thus, Executive Order 13175 does not Libraries. do not require the issuance of a apply to this rule.
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VIII. Congressional Review Act Commodity Parts per million Center, Room CY–A257, 445 Twelfth The Congressional Review Act, 5 Street, SW., Washington, DC, 20554. Vegetable, In rule FR Doc. 03–14928 published U.S.C. 801 et seq., as added by the Small cucurbits, group June 20, 2003 (68 FR 36931) make the Business Regulatory Enforcement 9 ...... 0.30 following corrections. Fairness Act of 1996, generally provides Vegetable, fruiting, 1. On page 36931, in the third that before a rule may take effect, the group 8 except column, in the DATES section, remove agency promulgating the rule must tomato ...... 4.0 ‘‘§ 54.515(b)’’ and add ‘‘§ 54.514(b)’’ in submit a rule report, which includes a 1 There are no U.S. registrations as of May its place. copy of the rule, to each House of the 15, 2003. 2. On page 36941, in the third Congress and to the Comptroller General column, in paragraph 89, seventh line, of the United States. EPA will submit a (b) Section 18 emergency exemptions. [Reserved] remove ‘‘§ 54.515(b)’’ and add report containing this rule and other ‘‘§ 54.514(b)’’ in its place. required information to the U.S. Senate, (c) Tolerances with regional the U.S. House of Representatives, and registrations. [Reserved] Federal Communications Commission. the Comptroller General of the United (d) Indirect or inadvertant residues. Marlene H. Dortch, States prior to publication of this final [Reserved] Secretary. rule in the Federal Register. This final [FR Doc. 03–16736 Filed 7–1–03; 8:45 am] [FR Doc. 03–16533 Filed 7–1–03; 8:45 am] rule is not a ‘‘major rule’’ as defined by BILLING CODE 6560–50–S BILLING CODE 6712–01–P 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180 FEDERAL COMMUNICATIONS DEPARTMENT OF TRANSPORTATION Environmental protection, COMMISSION Administrative practice and procedure, National Highway Traffic Safety Agricultural commodities, Pesticides 47 CFR Parts 0 and 54 Administration and pests, Reporting and recordkeeping [CC Docket No. 02–6; FCC 03–101] requirements. 49 CFR Part 541 Schools and Libraries Universal [Docket No. NHTSA–03–14450] Dated: June 20, 2003. Service Support Mechanism Jim Jones, RIN 2127–AI99 Director, Office of Pesticide Programs. AGENCY: Federal Communications Commission. Federal Motor Vehicle Theft Prevention ■ Therefore, 40 CFR chapter I is Standard; Final Listing of Model Year ACTION: amended as follows: Final rule, correction. 2004 High-Theft Vehicle Lines SUMMARY: PART 180—[AMENDED] This document corrects an AGENCY: National Highway Traffic error in the DATES section and the Safety Administration (NHTSA), ■ 1. The authority citation for part 180 SUPPLEMENTARY INFORMATION portion of Department of Transportation. a Federal Register document regarding continues to read as follows: ACTION: Final rule. Authority: 21 U.S.C. 321(q), 346(a) and the Commission taking major steps to 371. simplify and streamline the operation of SUMMARY: This final rule announces our universal service mechanism for NHTSA’s determination for model year ■ 2. Section 180.587 is added to read as schools and libraries, while improving (MY) 2004 high-theft vehicle lines that follows: our oversight over the support are subject to the parts-marking mechanism. In addition, the § 180.587 Famoxadone. requirements of the Federal motor Commission adopts a number of rules to vehicle theft prevention standard, and (a) General. Tolerances are streamline program operation, and high-theft MY 2004 lines that are established for residues of the fungicide promote the Commission’s goal of exempted from the parts-marking famoxadone (3-anilino-5-methyl-5-(4- reducing the likelihood of fraud, waste, requirements because the vehicles are phenoxyphenyl)-1,3-oxazolidine-2,4- and abuse. The summary was published equipped with antitheft devices dione) in or on the following in the Federal Register on June 20, determined to meet certain statutory commodities: 2003. criteria pursuant to the statute relating to motor vehicle theft prevention. Commodity Parts per million DATES: Effective July 2, 2003. FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: The amendment made Cattle, fat ...... 0.02 Jonathan Secrest and Katherine Tofigh, by this final rule is effective July 2, Cattle, liver ...... 0.05 Attorneys, Telecommunications Access 2003. Goat, fat ...... 0.02 Policy Division, Wireline Competition FOR FURTHER INFORMATION CONTACT Goat, liver ...... 0.05 : Ms. Grape1 ...... 2.50 Bureau, (202) 418–7400. Rosalind Proctor, Consumer Standards Grape, raisin1 ...... 4.0 SUPPLEMENTARY INFORMATION: This Division, Office of Planning and Horse, fat ...... 0.02 summary contains a correction to the Consumer Standards, NHTSA, 400 Horse, liver ...... 0.05 dates section and the SUPPLEMENTARY Seventh Street, SW., Washington, DC Lettuce, head ...... 10.0 INFORMATION portion of a Federal 20590. Ms. Proctor’s telephone number Milk, fat (reflecting Register summary, 68 FR 36931 (June is (202) 366–0846. Her fax number is negligible resi- 20, 2003). The full text of the (202) 493–2290. dues in whole milk) ...... 0.06 Commission’s Second Report and Order SUPPLEMENTARY INFORMATION: The Anti Potato ...... 0.02 in CC Docket No. 02–6, FCC 03–101 Car Theft Act of 1992, Pub. L. 102–519, Sheep, fat ...... 0.02 released on April 30, 2003 is available amended the law relating to the parts- Sheep, liver ...... 0.05 for public inspection during regular marking of major component parts on Tomato ...... 1.0 business hours in the FCC Reference designated high-theft vehicle lines and
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other motor vehicles. The Anti Car Theft the requirements of § 33104, if the line these determinations and its response to Act amended the definition of is equipped with an antitheft device as the request for reconsideration. If there ‘‘passenger motor vehicle’’ in 49 U.S.C. standard equipment. The exemption is is no request for reconsideration, the 33101(10) to include a ‘‘multipurpose granted if NHTSA determines that the agency’s determination becomes final 45 passenger vehicle or light duty truck antitheft device is likely to be as days after sending the letter with the when that vehicle or truck is rated at not effective as compliance with the theft preliminary determination. Each of the more than 6,000 pounds gross vehicle prevention standard in reducing and new lines on the high-theft list has been weight.’’ Since ‘‘passenger motor deterring motor vehicle thefts. the subject of a final determination vehicle’’ was previously defined to The agency annually publishes the under either 49 U.S.C. 33103 or 33104. include passenger cars only, the effect of names of the lines which were The list of lines that have been the Anti Car Theft Act is that certain previously listed as high-theft, and the exempted by the agency from the parts- multipurpose passenger vehicle (MPV) lines which are being listed for the first marking requirements of part 541 and light-duty truck (LDT) lines may be time and will be subject to the theft includes high-theft lines newly determined to be high-theft vehicles prevention standard beginning in a exempted in full beginning with MY subject to the Federal motor vehicle given model year. It also identifies those 2004. The two vehicle lines newly theft prevention standard (49 CFR part lines that are exempted from the theft exempted in full are the 541). prevention standard for a given model DaimlerChrysler Jeep Grand Cherokee The purpose of the theft prevention year under § 33104. Additionally, this and the Nissan Infiniti M45. standard is to reduce the incidence of listing identifies those lines (except Additionally, the agency erroneously motor vehicle theft by facilitating the light-duty trucks) in appendix B to part omitted the Ford Motor Company’s tracing and recovery of parts from stolen 541 that have theft rates below the 1990/ (Ford) Lincoln Town Car from vehicles. The standard seeks to facilitate 1991 median theft rate but are subject to Appendix A–I of the MY 2003 final rule. such tracing by requiring that vehicle the requirements of this standard under The agency granted Ford’s petition for identification numbers (VINs), VIN § 33103. an exemption of its Lincoln Town Car derivative numbers, or other symbols be On July 1, 2002, the final listing of from the parts-marking requirements of placed on major component vehicle high-theft lines for the MY 2003 vehicle the Federal Motor Vehicle Theft parts. The theft prevention standard lines was published in the Federal Prevention Standard beginning with the requires motor vehicle manufacturers to Register (67 FR 44085). The final listing 2003 model year (67 FR 35189, May 17, inscribe or affix VINs onto covered identified five vehicle lines that were 2002). Accordingly, appendix A–I has original equipment major component listed for the first time and became been amended to reflect these changes. parts, and to inscribe or affix a symbol subject to the theft prevention standard The vehicle lines listed as being exempt identifying the manufacturer and a beginning with the 2003 model year. from the standard have previously been For MY 2004, the agency identified common symbol identifying the exempted in accordance with the two new vehicle lines that are likely to replacement component parts for those procedures of 49 CFR part 543 and 49 be high-theft lines, in accordance with original equipment parts, on all vehicle U.S.C. 33106. the procedures published in 49 CFR part lines selected as high-theft. Similarly, the low-theft lines listed as 542. The new lines are the Toyota Scion The Anti Car Theft Act also amended being subject to the parts-marking xA and the Scion xB. In addition to 49 U.S.C. 33103 to require NHTSA to standard have previously been these two vehicle lines, the list of high- promulgate a parts-marking standard designated in accordance with the theft vehicle lines includes all lines applicable to major parts installed by procedures set forth in 49 U.S.C. 33103. previously designated as high-theft and manufacturers of ‘‘passenger motor Therefore, NHTSA finds for good listed for prior model years. vehicles (other than light duty trucks) is cause that notice and opportunity for Accordingly, appendix A has also been not to exceed one-half of the lines not comment on these listings are amended to reflect these changes. designated under 49 U.S.C. 33104 as unnecessary. Further, public comment high-theft lines.’’ Section 33103(a) The vehicle lines listed as being on the listing of selections and further directed NHTSA to select only subject to the parts-marking standard exemptions is not contemplated by 49 lines not designated under § 33104 of have previously been designated as high-theft lines in accordance with the U.S.C. chapter 331. this title as high theft lines. NHTSA lists For the same reasons, since this each of these selected lines in appendix procedures set forth in 49 CFR part 542. revised listing only informs the public B to part 541. Since § 33103 did not Under these procedures, manufacturers of previous agency actions and does not specify marking of replacement parts for evaluate new vehicle lines to conclude impose additional obligations on any below-median lines, the agency does not whether those new lines are likely to be party, NHTSA finds for good cause that require marking of replacement parts for high theft. The manufacturer submits the amendment made by this notice these lines. NHTSA published a final these evaluations and conclusions to the should be effective as soon as it is rule amending 49 CFR part 541 to agency, which makes an independent published in the Federal Register. include the definitions of MPV and evaluation; and, on a preliminary basis, LDT, and major component parts. [See determines whether the new line should Regulatory Impacts 59 FR 64164, December 13, 1994]. be subject to the parts-marking 49 U.S.C. 33104(a)(3) specifies that requirements. NHTSA informs the 1. Costs and Other Impacts NHTSA shall select high-theft vehicle manufacturer in writing of its NHTSA has analyzed this rule and lines, with the agreement of the evaluations and determinations, determined that it is not ‘‘significant’’ manufacturer, if possible. Section together with the factual information within the meaning of the Department 33104(d) provides that once a line has considered by the agency in making of Transportation’s regulatory policies been designated as likely high-theft, it them. The manufacturer may request the and procedures. The agency has also remains subject to the theft prevention agency to reconsider the preliminary considered this notice under Executive standard unless that line is exempted determinations. Within 60 days of the Order 12866. As already noted, the under § 33106. Section 33106 provides receipt of these requests, the agency selections in this final rule have that a manufacturer may petition to makes its final determination. NHTSA previously been made in accordance have a high-theft line exempted from informs the manufacturer by letter of with the provisions of 49 U.S.C. 33104,
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and the manufacturers of the selected listing of this information will not have standard for a motor vehicle or major lines have already been informed that any economic impact on small entities. replacement part. 49 U.S.C. 33117 those lines are subject to the provides that judicial review of this rule 3. Environmental Impacts requirements of 49 CFR part 541 for MY may be obtained pursuant to 49 U.S.C. 2004. Further, this listing does not In accordance with the National 32909. Section 32909 does not require actually exempt lines from the Environmental Policy Act of 1969, the submission of a petition for requirements of 49 CFR part 541; it only agency has considered the reconsideration or other administrative informs the general public of all such environmental impacts of this rule, and proceedings before parties may file suit previously granted exemptions. Since determined that it will not have any in court. the only purpose of this final listing is significant impact on the quality of the List of Subjects in 49 CFR Part 541 to inform the public of actions for MY human environment. 2004 that the agency has already taken, 4. Federalism Administrative practice and a full regulatory evaluation has not been procedure, Labeling, Motor vehicles, This action has been analyzed in prepared. Reporting and recordkeeping accordance with the principles and requirements. 2. Regulatory Flexibility Act criteria contained in Executive Order 12612, and it has been determined that ■ In consideration of the foregoing, 49 The agency has also considered the this final rule does not have sufficient CFR part 541 is amended as follows: effects of this listing under the Federalism implications to warrant the Regulatory Flexibility Act. I hereby preparation of a Federalism Assessment. PART 541—[AMENDED] certify that this rule will not have a ■ 1. The authority citation for part 541 significant economic impact on a 5. Civil Justice Reform continues to read as follows: substantial number of small entities. As This final rule does not have a noted above, the effect of this final rule retroactive effect. In accordance with Authority: 49 U.S.C. 33102–33104 and is simply to inform the public of those § 33118 when the Theft Prevention 33106; delegation of authority at 49 CFR 1.50. lines that are already subject to the Standard is in effect, a State or political ■ 2. In part 541, appendices A and A–I requirements of 49 CFR part 541 for MY subdivision of a State may not have a are revised. Appendices A and A–I are 2004. The agency believes that the different motor vehicle theft prevention revised to read as follows:
Appendix A to Part 541—Lines Subject to the Requirements of This Standard
Manufacturer Subject lines
ALFA ROMEO ...... Milano 161 164 BMW ...... Z3 Z8 6 Car Line CONSULIER ...... Consulier GTP DAEWOO ...... Korando Musso (MPV) Nubira DAIMLERCHRYSLER ...... Chrysler Cirrus Chrysler Fifth Avenue/Newport Chrysler Laser Chrysler LeBaron/Town & Country Chrysler LeBaron GTS Chrysler’s TC Chrysler New Yorker Fifth Avenue Chrysler Sebring Chrysler Town & Country Dodge 600 Dodge Aries Dodge Avenger Dodge Colt Dodge Daytona Dodge Diplomat Dodge Lancer Dodge Neon Dodge Shadow Dodge Stratus Dodge Stealth Eagle Summit Eagle Talon Jeep Cherokee (MPV) Jeep Liberty (MPV) Jeep Wrangler (MPV) Plymouth Caravelle Plymouth Colt Plymouth Laser Plymouth Gran Fury
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Manufacturer Subject lines
Plymouth Neon Plymouth Reliant Plymouth Sundance Plymouth Breeze FERRARI ...... Mondial 8 328 FORD ...... Ford Aspire Ford Escort Ford Probe Ford Thunderbird Lincoln Continental Lincoln Mark Mercury Capri Mercury Cougar Merkur Scorpio Merkur XR4Ti GENERAL MOTORS ...... Buick Electra Buick Reatta Buick Skylark Chevrolet Malibu Chevrolet Nova Chevrolet Blazer (MPV) Chevrolet Prizm Chevrolet S–10 Pickup Geo Storm Chevrolet Tracker (MPV) GMC Jimmy (MPV) GMC Sonoma Pickup Oldsmobile Achieva (MYs 1997–1998) Oldsmobile Bravada Oldsmobile Cutlass Oldsmobile Cutlass Supreme (MYs 1988–1997) Oldsmobile Intrigue Pontiac Fiero Saturn Sports Coupe HONDA ...... Accord CRV (MPV) Odyssey (MPV) Passport Pilot (MPV) Prelude S2000 Acura Integra Acura MDX (MPV) Acura RSX HYUNDAI ...... Accent Sonata Tiburon ISUZU ...... Amigo Impulse Rodeo Rodeo Sport Stylus Trooper/Trooper II VehiCross (MPV) JAGUAR ...... XJ KIA MOTORS ...... Optima Rio Sephia (1998–2002) Spectra LOTUS ...... Elan MASERATI ...... Biturbo Quattroporte 228 MAZDA ...... 626 MX–3 MX–5 Miata MX–6 MERCEDES-BENZ ...... 190 D 190 E 260E (1987–1989) 300 SE (1988–1991)
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Manufacturer Subject lines
300 TD (1987) 300 SDL (1987) 300 SEL 350 SDL (1990–1991) 420 SEL (1987–1991) 560 SEL (1987–1991) 560 SEC (1987–1991) 560 SL MITSUBISHI ...... Cordia Eclipse Lancer Mirage Montero (MPV) Montero Sport (MPV) Tredia 3000GT NISSAN ...... 240SX Sentra/200SX Xterra PEUGEOT ...... 405 PORSCHE ...... 924S SUBARU ...... XT SVX Baja Forester Legacy SUZUKI ...... Aerio X90 (MPV) Sidekick (MYs 1997–1998) Vitara/Grand Vitara (MPV) TOYOTA ...... Toyota 4-Runner (MPV) Toyota Avalon Toyota Camry Toyota Celica Toyota Corolla/Corolla Sport Toyota Echo Toyota Highlander (MPV) Toyota Matrix (MPV) Toyota MR2 Toyota MR2 Spyder Toyota Prius Toyota RAV4 (MPV) Toyota Sienna (MPV) Toyota Tercel Lexus IS300 Lexus LX470 (MPV) Lexus RX300 (MPV) Scion xA 1 Scion xB 1 VOLKSWAGEN ...... Audi Quattro Volkswagen Scirocco 1 Lines added for MY 2004. Appendix A–1—High-Theft Lines With Antitheft Devices Which Are Exempted From the Parts-Marking Requirement of This Standard Pursuant to 49 CFR Part 543
Manufacturer Subject lines
AUSTIN ROVER ...... Sterling BMW ...... MINI X5 Z4 2 3 Car Line 5 Car Line 7 Car Line 8 Car Line DAIMLERCHRYSLER ...... Jeep Grand Cherokee 1 Chrysler Conquest Chrysler Imperial
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Manufacturer Subject lines
FORD ...... Lincoln Town Car 2 Mustang Mercury Sable Mercury Grand Marquis Taurus GENERAL MOTORS ...... Buick LeSabre Buick Park Avenue Buick Regal/Century Buick Riviera Cadillac Allante Cadillac Deville Cadillac Seville Chevrolet Cavalier Chevrolet Corvette Chevrolet Impala/Monte Carlo Chevrolet Lumina/Monte Carlo (MYs 1996–1999) Chevrolet Malibu Chevrolet Venture Oldsmobile Alero Oldsmobie Aurora Oldsmobile Toronado Pontiac Bonneville Pontiac Grand Am Pontiac Grand Prix Pontiac Sunfire HONDA ...... Acura CL Acura Legend (MYs 1991–1996) Acura NSX Acura RL Acura SLX Acura TL Acura Vigor (MYs 1992–1995) ISUZU ...... Axiom Impulse (MYs 1987–1991) JAGUAR ...... XK MAZDA ...... 6 929 RX–7 Millenia MERCEDES-BENZ ...... 124 Car Line (the models within this line are): 260E 300D 300E 300CE 300TE 400E 500E 129 Car Line (the models within this line are): 300SL 500SL 600SL SL320 SL500 SL600 202 Car Line (the models within this line are): C220 C230 C280 C36 C43 MITSUBISHI ...... Galant Starion Diamante NISSAN ...... Nissan Altima Nissan Maxima Nissan Pathfinder Nissan 300ZX Infiniti G35 Infiniti I30 Infiniti J30 Infiniti M30 Infiniti M45 1
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Manufacturer Subject lines
Infiniti QX4 Infiniti Q45 PORSCHE ...... 911 928 968 986 Boxster SAAB ...... 9–3 900 (1994–1998) 9000 (1989–1998) TOYOTA ...... Toyota Supra Toyota Cressida Lexus ES Lexus GS Lexus LS Lexus SC VOLKSWAGEN ...... Audi 5000S Audi 100/A6 Audi 200/S4/S6 Audi Allroad Quattro (MPV) Audi Cabriolet Volkswagen Cabrio Volkswagen Corrado Volkswagen Golf/GTI Volkswagen Jetta/Jetta III Volkswagen Passat 1 Lines exempted in full beginning with MY 2004. 2 Lines exempted in full beginning with MY 2003.
Issued on: June 26, 2003. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 03–16708 Filed 7–1–03; 8:45 am] BILLING CODE 4910–59–P
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Proposed Rules Federal Register Vol. 68, No. 127
Wednesday, July 2, 2003
This section of the FEDERAL REGISTER telephone at 202–720–2916, or e-mail at regional prices for the commodity for contains notices to the public of the proposed [email protected]. the five preceding marketing years; data issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: on increases in imports of a directly purpose of these notices is to give interested competing commodity; and an persons an opportunity to participate in the Executive Order 12866 assessment of the impact of increased rule making prior to the adoption of the final The proposed rule has been rules. imports on domestic prices, including determined to be significant under E.O. any supporting evidence that imports 12866 and has been reviewed by the contributed importantly to a decline in DEPARTMENT OF AGRICULTURE Office of Management and Budget. domestic prices. Within 90 days after Regulatory Flexibility Act certification, a producer may submit an Foreign Agricultural Service application for adjustment assistance The Regulatory Flexibility Act benefits. The application contains an 7 CFR Part 1580 ensures that regulatory and information information collection that conforms to requirements are tailored to the size and the requirements of section 296 RIN 0551–AA66 nature of small businesses, small regarding conditions that must be met to organizations, and small governmental qualify for cash benefits. The Trade Adjustment Assistance for jurisdictions. This proposed rule will application requires submission of: Farmers not have a significant economic impact standard business information; the on a substantial number of small farm quantity of production in the year AGENCY: Foreign Agricultural Service. operations. Participation in the program covered by the certification ACTION: Proposed rule. is voluntary. Direct and indirect costs accompanied by supporting are likely to be very small as a SUMMARY: This proposed rule would documentation; data on gross income percentage of revenue and in terms of and net farm income accompanied by implement Chapter 6 of Title II of the absolute costs. The minimal regulatory Trade Act of 1974, as amended by supporting documentation; certification requirements impact large and small that an applicant has not received other Subtitle C of Title 1 of the Trade Act of businesses equally, and the program’s cash benefits; and certification that an 2002 (P.L. 107–210) to establish a new benefits should improve cash flow and applicant has obtained information and program, Trade Adjustment Assistance liquidity for farmers participating in the technical assistance from the Extension for Farmers. Under this program, the program. Department of Agriculture would Service to assist the applicant in provide technical assistance and cash Paperwork Reduction Act adjusting to import competition. benefits to eligible producers of raw Summary: In accordance with the Estimate of the Burden: The average agricultural commodities when the Paperwork Reduction Act of 1995, the estimated public reporting burden is 14 Administrator, Foreign Agricultural Department intends to request approval hours. Service (FAS) determines that increased by the Office of Management and Respondents: groups of farmers of raw imports have contributed importantly to Budget (OMB) of an information agricultural commodities or their duly a specific price decline over five collection required to support the authorized representatives. preceding marketing years. The proposed rule establishing an Estimated Annual Number of proposed rule would establish the adjustment assistance program for Respondents: 500. procedure by which producers of raw farmers. Copies of the information Estimated Number of Responses Per agricultural commodities can petition collection may be obtained from Respondent: 1. for certification of eligibility and apply Kimberly Chisley, the Agency Estimated Total Annual Burden on for technical assistance and adjustment Information Collection Coordinator, at Respondents: 7,000 hours. payments. (202) 720–2568 or e-mail at Copies of the information collection [email protected]. can be obtained from Kimberly Chisley, DATES: Comments should be received on To obtain program benefits, under this the Agency Collection Coordinator, at or before July 9, 2003, to be assured of program, a group of raw agricultural (202) 720–2568. consideration. commodity producers, or their duly Requests for comments: Comments ADDRESSES: Comments should be authorized representative, must submit are invited on: (a) Whether the proposed mailed or delivered to Jean-Louis Pajot, a petition to the Administrator for collection of information is necessary Import Policies and Programs Division, certification of eligibility to apply for for the proper performance of the Foreign Agricultural Service, 1400 adjustment assistance. The proposed functions of the agency, including Independence Avenue, SW., STOP rule contains an information collection whether the information will have 1021, U.S. Department of Agriculture, that solicits data that is essential for the practical utility; (b) the accuracy of the Washington, DC 20250–1021. Administrator in making a agency’s estimate of the burden of the Comments may also be e-mailed to determination on certification of proposed collection of information; (c) [email protected]. Comments eligibility for adjustment assistance. The ways to enhance the quality, utility and received may be inspected between 10 information collection requires, to the clarity of the information to be a.m. and 4 p.m. at room 5541–S, 1400 maximum extent feasible, that a petition collected; and (d) ways to minimize the Independence Avenue, SW., contain: a description of the raw burden of the collection of information Washington, DC 20250–1021. agricultural product concerned; data on on those who are to respond, including FOR FURTHER INFORMATION CONTACT: specific prices for the most recent through the use of automated, Jean-Louis Pajot at the address above, or marketing year; national average or electronic, mechanical, or other
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technological collection techniques or National Environmental Policy Act will then determine whether or not the other forms of information technology, The Administrator has determined group is eligible for trade adjustment or any other aspect of this collection of that this action will not have a assistance. If the national average price information. Comments on issues significant effect on the quality of the in the most recent marketing year for the covered by the Paperwork Reduction human environment. Therefore, neither commodity produced by the group is Act must be submitted within 30 days an Environmental Assessment nor an equal to or less than 80 percent of the of publication to be assured of Environmental Impact Statement is average of the national average prices in consideration. Comments may be sent to necessary for this proposed rule. the preceding 5 marketing years and Jean-Louis Pajot, Import Policies and that increases in imports of that Executive Orders 12372, 13083 and Program Division, FAS, 1400 commodity contributed importantly to 13084, and the Unfunded Mandates the decline in price, the Administrator Independence Avenue, Stop 1021, SW., Reform Act (P. L. 104–4) Washington, DC 20520–1021. All will certify the group as eligible for These Executive Orders and Public trade adjustment assistance. responses to this notice will be Upon certification, producers have 90 summarized and included in the request Law 104–4 require consultation with State and local officials and Indian days to contact the Farm Service Agency for OMB approval. All comments will (FSA) to apply for assistance. As soon also be a matter of public record. tribal governments. This proposed rule does not impose an unfunded mandate as they apply, they are eligible to Persons with disabilities who require an or any other requirement on State, local receive at no cost a technical assistance alternative means for communication of or tribal governments. Accordingly, package specifically tailored for their information (Braille, large print, these programs are not subject to the needs by the Extension Service. audiotape, etc.) should contact the provisions of Executive Order 12372, Depending on the commodity and the USDA Target Center at (202) 720–2600 Executive Order 13083, and Executive region, the Extension Service package (voice and TDD). Order 13084, or the Unfunded Mandates may include technical publications in FAS is committed to compliance with Reform Act. print or on-line, group seminars and presentations, and one-on-one meetings. the Government Paperwork Elimination Executive Order 12630 Act (GPEA), which requires Government Producers, who receive the technical agencies, in general, to provide the This Order requires careful evaluation assistance and also satisfy personal and public the option of submitting of governmental actions that interfere farm income limits, are eligible for TAA information or transacting business with constitutionally protected property payments. If the funding authorized by electronically to maximum extent rights. This proposed rule would not Congress is insufficient to pay 100 interfere with any property rights and, possible. Electronic submission of the percent of all TAA claims during the therefore, does not need to be evaluated information collection will be fiscal year, payments will be prorated on the basis of the criteria outlined in and issued after June 15, the last implemented before October 2003 in Executive Order 12630. possible date for producers to file a TAA compliance with the GPEA. The Background application. Department will request OMB approval Producers may petition for adjustment of forms that are being developed for The Trade Act of 2002 (P.L. 107–210) assistance in subsequent years. Petitions electronic submission of the information amended the Trade Act of 1974 (19 will be reviewed and approved if prices collection, and issue a Federal Register U.S.C. 2551, et seq.) to add a new remain at or below the same 80 percent notice soliciting public comments on chapter 6, which establishes a program threshold as the initial year of the requested revision of the of trade adjustment assistance for adjustment assistance, and if imports information collection to provide for farmers, providing both technical have continued to increase and submission of the information collection assistance and cash benefits to contributed importantly to the decline on electronic forms. All public producers. The statute authorizes an in prices. comments received will be considered appropriation of not more than $90 The Department invites additional prior to implementation of an electronic million for each fiscal year 2003 through comments on all aspects of the proposed reporting system, and will also become 2007 to carry out the program. rule including: eligibility requirements, a matter of public record. Copies of that Under this proposed rule, a group of including the coverage of aquaculture; information collection will be made agricultural commodity producers may unintended market consequences of the available from Kimberly Chisley, the petition the Administrator of the program to producers, importers, buyers Agency Information Collection Foreign Agricultural Service (FAS) for and consumers; timing and prorating of Coordinator, at (202)720–2568 or e-mail trade adjustment assistance from mid- adjustment payments when funding at [email protected]. August through the end of January. FAS may be insufficient; petitions on behalf will first review the petition for of producers within regions of the Executive Order 12988 appropriateness, completeness, and United States; marketing periods of less timeliness, before publishing a notice in This proposed rule has been reviewed than 12 months; and less restrictive the Federal Register that it has been alternatives to the proposed rule that under Executive Order 12988. The received. The Economic Research provisions of this proposed rule would would address the intent of the Service (ERS) will then conduct a program. not have preemptive effect with respect market study to verify the decline in to any State or local laws, regulations, producer prices, and to assess possible List of Subjects in 7 CFR Part 1580 or policies which conflict with such causes, taking due account of any Agricultural commodities imports; provision or which otherwise impede special factors which may have affected reporting and record keeping their full implementation. The proposed prices of the articles concerned, requirements; and trade adjustment rule would not have retroactive effect. including imports, exports, production, assistance. Before any judicial action may be changes in consumer preferences, brought regarding this rule, all weather conditions, diseases, and other Proposed Rule administrative remedies must be relevant issues. ERS will report its Accordingly, it is proposed to amend exhausted. findings to the FAS Administrator, who title 7 of the Code of Federal
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Regulations by adding a new part 1580, the same HTS number used to identify Net farm income means net farm to read as follows: the agricultural commodity in the profit or loss reported on Internal petition. A ‘‘like’’ product means Revenue Service Schedule F (Form PART 1580—TRADE ADJUSTMENT substantially identical in inherent or 1040) and Form 4835 for the year that ASSISTANCE FOR FARMERS intrinsic characteristics, and the term most closely corresponds with the ‘‘directly competitive’’ means those Sec. marketing year under consideration. 1580.101 General statement. articles which are substantially Person means an individual, 1580.102 Definitions. equivalent for commercial purposes, partnership, joint stock owner, 1580.201 Petitions for trade adjustment that is, are adapted to the same uses and corporation, association, trust, estate, or assistance. are essentially interchangeable any other legal entity as defined in 7 1580.202 Hearings, petition reviews, and therefore. CFR 1400.3. amendments. Authorized representative means an Producer means a person who is an 1580.203 Determination of eligibility and association of agricultural commodity owner, operator, landlord, tenant, or certification by the Administrator. producers. sharecropper, who shares in the risk of 1580.301 Application for trade adjustment Certification date means the date on producing a crop and who is entitled to assistance. which the Administrator announces in 1580.302 Technical assistance and services. share in the crop available for marketing 1580.303 Adjustment assistance payments. the Federal Register or by Department from the farm. 1580.401 Subsequent qualifying year news release, whichever comes first, a Raw or natural state means unaltered eligibility. certification of eligibility to apply for by any process other than cleaning, 1580.501 Administration. adjustment assistance. grading, coating, sorting, trimming, 1580.502 Maintenance of records, audits Contributed importantly means a mixing, conditioning, drying, dehulling, and compliance. cause which is important, but not shelling, chilling, cooling, blanching or 1580.503 Debarment and suspension. necessarily more important than any fumigating. 1580.504 Fraud and recovery of other cause. United States means the 50 States of overpayments. Department means the U.S. 1580.505 Appeals. the United States, the District of Department of Agriculture. Columbia, and Puerto Rico. 1580.601 Implementation. Deputy Administrator means the 1580.602 Paperwork Reduction Act § 1580.201 Petitions for trade adjustment assigned number. Deputy Administrator of the Farm Service Agency (FSA). assistance. Authority: 19 U.S.C. 2401. Extension Service means the (a) A group of agricultural commodity § 1580.101 General statement. Cooperative State Research, Education, producers in the United States or their and Extension Service of the U.S. This part provides regulations for the authorized representative may file a Department of Agriculture. Trade Adjustment Assistance for petition for trade adjustment assistance. Family member means an individual (b) Filings may be written or Farmers program. Under these to whom a person is related as spouse, provisions, producers of agricultural electronic, as provided for by the lineal ancestor, lineal descendent, or Administrator, and submitted to FAS commodities may petition the sibling, including: Department of Agriculture for eligibility from August 17 through January 31. (1) Great grandparent; FAS shall not accept a petition received to apply for trade adjustment assistance (2) Grandparent; based on criteria set forth in the Trade after January 31 but will return it to the (3) Parent; sender. If January 31 falls on a weekend, Act of 1974, as amended by the Trade (4) Child, including legally adopted the petition will be accepted the next Act of 2002 (19 U.S.C. 2251, et seq.). If children; the Administrator determines that the (5) Great grandchildren; business day. national average price for a commodity (6) Sibling of the family member in (c) Petitions shall include the is less than 80 percent of the preceding the farming operation; and following information. (1) Name, business address, phone 5-year average and that an increase in (7) Spouse of a person listed in number, and email address (if available) imports has contributed importantly to paragraphs (1) through (6) of this of each producer in the group, or their the decline in commodity prices, the definition. authorized representative. A petition producers may apply for technical Farm Service Agency (FSA) means the filed by a group shall identify a contact assistance and cash benefits under the Farm Service Agency of the U.S. person for the group. program. Department of Agriculture. Filing date means the date that a (2) The agricultural commodity and § 1580.102 Definitions. notice of petition is published in the its Harmonized Tariff Schedule of the As used in the part, the following Federal Register. United States (HTS) number. terms mean: Group of producers means three or (3) The production area represented Adjusted gross income means income more producers who are not members of by the group or its authorized as defined in 7 CFR 1400.601. the same family. representative. The petitioners shall Administrator means the Impacted area means one or more indicate if they are filing on behalf of all Administrator of the Foreign States of the United States. producers in the United States, or if Agricultural Service (FAS). Marketing year means the marketing they are filing solely on behalf of Agricultural commodity means any season or year as defined by National producers in a specifically identified commodity in its raw or natural state Agriculture Statistic Service (NASS), or impacted area. In the latter case, at least found in chapters 1, 4, 5, 6, 7, 8, 10, 12, a specific period as proposed by the one member of the group must reside in 14, 23, 24, 41, 51, and 52 of the petitioners and certified by the each State within the impacted area, or Harmonized Tariff Schedule of the Administrator. the authorized representative must have United States (HTS), and chapter 3 of National average price means the members residing in each State within the HTS with respect to aquaculture average price paid to producers for an the impacted area. products. agricultural commodity in a marketing (4) The beginning and ending dates Articles like or directly competitive year as determined by the for the marketing year during which generally means products falling under Administrator. domestic prices were affected by
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imports. A petition may be filed for only may submit to the Administrator their Assistance Program and how they may the most recent marketing year for comments in writing or electronically petition for adjustment assistance. which national average prices are for consideration by the Administrator available. not later than 10 days after the filing § 1580.301 Application for trade adjustment assistance. (5) A justification statement date. explaining why the petitioners should (c) A producer residing outside the (a) Only producers covered by a be considered eligible for adjustment impacted area identified in a petition certification of eligibility may apply for assistance. may file to become a party to the adjustment assistance. Producers may (6) Price data supporting the petition. petition by fulfilling the requirements of request advice from FSA regarding the (i) If the petition is filed on behalf of § 1580.201(c) within 10 days of the preparation and submission of their all producers of the agricultural filing date. The Administrator may applications. commodity in the United States, the amend the original petition to expand (b) An eligible producer may submit Administrator shall use national average the impacted area and include the an application for adjustment assistance prices compiled by the National additional filer, or consider it a separate at any time after the certification date Agricultural Statistics Service (NASS), filing. but not later than 90 days after the whenever possible. If NASS does not (d) The Administrator shall publish in certification date. If the 90-day compile price data for the commodity, the Federal Register as soon as possible application period ends on a weekend the petitioners shall provide national any changes to the original notice or legal holiday, the producer may average prices for the marketing year resulting from any actions taken under apply the following business day. under review and for the previous five this section. (c) Applications shall include: marketing years, and identify the source (1) The name and legal address of of the price series. § 1580.203 Determination of eligibility and applicant. (ii) If the petition is filed on behalf of certification by the Administrator. (2) Contact information, i.e., mailing producers in a specifically identified (a) As soon as practicable after the address, phone and email address. impacted area, the petitioners shall filing date, but in any event not later (3) The producer’s identification provide national average prices for the than 40 days after that date, the number or Federal Income Tax number. impacted area for the marketing year Administrator shall determine whether (4) The amount of the agricultural under review and for the previous five the petitioners satisfy the following commodity produced in the most recent marketing years, and identify the source conditions for adjustment assistance. marketing year supported by of the price series. (1) The national average price for the documentation acceptable to FSA. (iii) The Administrator may request agricultural commodity for the (d) Upon submitting their application, petitioners to provide records to support marketing year under review is equal to producers shall be immediately eligible their national average price data. or less than 80 percent of the average of to request trade adjustment technical (d) Once the petition is filed, the the national average prices for the 5 assistance from the Extension Service at Administrator shall determine if it marketing years preceding the most no cost. meets the requirements of § 1580.201(c), recent marketing year, and (e) Producers able to furnish their and if so, publish notice in the Federal (2) Increases in imports of articles like applications with all the following Register that a petition has been or directly competitive with the certifications shall be eligible for received and that an investigation has agricultural commodity contributed adjustment assistance payments: begun. The notice shall identify the importantly to the decline in price (1) Certification that technical agricultural commodity, including any described in paragraph (a)(1) of this assistance from the Extension Service like or directly competitive section. under § 1580.302 has been received. commodities, the marketing year being (b) If the Administrator determines (2) Certification that cash benefits investigated, the price series being used, that the above conditions have been have not been received under any of the and the production area covered by the satisfied, the producers covered by the provisions of the Trade Act of 1974, as petition. If the petition does not meet petition shall be certified as eligible for amended, other than those permitted the requirements of § 1580.201(c), the adjustment assistance. under this part. Administrator shall notify as soon as (c) Upon making a determination, (3) Certification that adjustment possible the contact person for the whether affirmative or negative, the assistance payments have not exceeded group or the authorized representative Administrator shall promptly publish in the $10,000 limitation for the Federal of the deficiencies. the Federal Register a summary of the fiscal year. determination, together with the reasons (4) Certification that net farm income § 1580.202 Hearings, petition reviews, and for making the determination. is less than that for the latest year in amendments. (d) In addition, the Administrator which no adjustment assistance (a) If the petitioner, or any other shall notify producers covered by a payment was received. person(s) found by the Administrator to certification how to apply for (5) Certification that their average have a substantial interest in the adjustment assistance. Notification adjusted gross income, as determined in proceedings, submits not later than 10 methods may include direct mailings to accordance with 7 CFR 1400.601, for the days after the filing date a request for a known producers, messages to directly 3 preceding taxable years does not hearing, the Administrator shall provide affected producer groups and exceed $2,500,000. for a public hearing and afford such organizations, electronic (6) To comply with certifications in interested person an opportunity to be communications, internet web site (e)(4) and (e)(5) of this section, an present, to produce evidence, and to be notices, and use of broadcast and print applicant shall provide either— heard. media. (i) Supporting documentation from a (b) If the petitioner, or any other (e) Whenever a group of agricultural certified public accountant or attorney, person(s) having an interest in the producers is certified as eligible for or proceedings takes issue with any of the assistance, the Administrator shall use (ii) Relevant documentation and other information published in the Federal the occasion to notify and inform other supporting financial data, such as Register concerning the petition, they producers about the Trade Adjustment financial statements, balance sheets, and
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reports prepared for or provided to the (2) the national average price of the adjustment assistance for a subsequent Internal Revenue Service or another agricultural commodity for the most qualifying year. U.S. Government agency. recent marketing year. (d) To qualify for assistance in (f) Persons legally authorized to (c) The maximum amount of subsequent qualifying years, producers execute program documents for estates payments under this part that a shall— or trusts will be accepted only if such producer may receive in any 12-month (1) submit an application pursuant to person furnishes evidence of the period shall not exceed $10,000. § 1580.301, and authority to execute such documents. (d) The total amount of payments (2) contact the Extension Service for made to a producer may not exceed technical adjustment assistance. § 1580.302 Technical assistance and during any crop year the limitation on (e) The amount of an adjustment services. counter-cyclical payments set forth in assistance payment during a qualifying (a) Any producer of an agricultural section 1001(c) of the Food Security Act year shall be determined in the same commodity covered by a certification of of 1985 (7 U.S.C. 1308(c)). manner as in the originating year, eligibility may apply for and receive (e) Any person who may be entitled except that the average national price information and technical assistance to a payment may assign their rights to shall be determined by using the 5- from the Extension Service that will such payment in accordance with 7 CFR marketing-year period used to assist in adjusting to import competition part 1404 or successor regulations as determine the amount of cash benefits and be at no cost to the producer. designated by the Department. for the first certification. (b) To qualify for technical assistance, (f) In the case of death, incompetency, (f) An eligible producer who did not producers shall apply under § 1580.301. disappearance or dissolution of a person apply for adjustment assistance in the (c) Producers shall have an that is eligible to receive benefits in initial year may apply pursuant to opportunity to meet at least once with accordance with this part, such person § 1580.301. or persons specified in 7 CFR part 707 an Extension Service employee within § 1580.501 Administration. 180 days of petition certification to may receive such benefits, as receive information regarding the determined appropriate by FSA. (a) The application process will be feasibility and desirability of (g) If the Administrator, FAS, administered under the general substituting one or more alternative determines in September that program supervision of the Administrator, FSA, commodities for the adversely affected funds may be insufficient to meet the and shall be carried out in the field by agricultural commodity and to receive requirements for adjustment assistance State and county FSA committees. technical assistance to lower costs payments under this part during the (b) State and county FSA committees associated with producing and coming fiscal year, FSA may suspend and representatives do not have the marketing the adversely affected adjustment payments until June 16 in authority to modify or waive any of the agricultural commodity. The Extension order to prorate amounts owed provisions of this part. (c) The State FSA committee shall Service shall provide to producers producers. take any action required by this part that written confirmation of all technical (h) FSA will not make adjustment has not been taken by a county FSA assistance meetings. Producers shall assistance payments to producers who committee. The State FSA committee also have access to technical have not satisfied the technical shall also: information provided in writing and assistance requirement. (1) Correct or require a county FSA electronically. § 1580.401 Subsequent qualifying year committee to correct any action taken by (d) Producers shall also be provided eligibility. such county FSA committee that is not information concerning procedures for (a) Prior to the anniversary of a in accordance with this part; and applying for and receiving other Federal certification date, (2) Require a county FSA committee assistance and services available to (1) groups and authorized to withhold taking or reversing any workers facing economic distress. representatives that provided national action that is not in accordance with (e) Producers shall be entitled to average prices to justify their initial this part. employment services and training certifications shall provide the (d) No delegation in this part to a benefits under trade adjustment Administrator national average prices State or county FSA committee shall assistance for workers managed by the for the most recent marketing year, and prevent the Deputy Administrator from U.S. Department of Labor. (2) the Administrator shall determine determining any question arising under whether or not— § 1580.303 Adjustment assistance the program or from reversing or payments. (i) the national average price for the modifying any determination made by a agricultural commodity produced by the State or county FSA committee. (a) Applicants shall satisfy by group for the most recent marketing year (e) The Deputy Administrator may September 30 all conditions of is equal to or less than 80 percent of the authorize the State and county § 1580.301 to qualify for adjustment average of national average prices for committees to waive or modify non- assistance payments. the 5 marketing years used to make the statutory deadlines or other program (b) The FSA office shall issue a first certification under § 1580.203(a)(1), requirements in cases where lateness or payment to a producer that is equal to and failure to meet such other requirements the product of the amount of the (ii) further increases in imports are does not adversely affect the operation agricultural commodity produced in the contributing importantly to the decline of the program. most recent marketing year multiplied in price. by one-half the difference between— (b) The Administrator shall promptly § 1580.502 Maintenance of records, audits (1) an amount equal to 80 percent of publish in the Federal Register the and compliance. the average of the national average determination with supporting (a) Persons making application for prices of the agricultural commodity justification statement. benefits under this program must covered by the petition for the 5 (c) In the case of a re-certification, maintain accurate records and accounts marketing years preceding the most FSA shall notify producers that they that will document that they meet all recent marketing year, and may be eligible to receive trade eligibility requirements specified
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herein, as may be requested by FSA. § 1580.503 Debarment and suspension. determinations made with respect to Such records and accounts must be The Government-wide Debarment and applications for program benefits under retained for 2 years after the date of the Suspension (Nonprocurement) this part in accordance with appeal final payment to the producer under regulations and Government regulations of the 7 CFR part 780. this program. Requirements for Drug-Free Workplace § 1580.601 Implementation. (b) At all times during regular (Grants), 7 CFR part 3017—subparts A through E, apply to this part. Trade adjustment assistance is business hours, authorized available for the most recent marketing representatives of FSA, the United § 1580.504 Fraud and recovery of year for which prices were available on States Department of Agriculture, or the overpayments. February 3, 2003. Comptroller General of the United (a) If the Administrator, FSA or a States shall have access to the premises court of competent jurisdiction, § 1580.602 Paperwork Reduction Act of the producer in order to inspect, determines that any person has received assigned number. examine, and make copies of the books, any payment under this program to The information collection records, and accounts, and other written which the person was not entitled, such requirements contained in these data as specified in paragraph (a) of this person will be liable to repay such regulations (7 CFR part 1580) have been section. amount to the Administrator, FSA. The approved by the Office of Management and Budget under the provisions of 44 (c) Audits of certifications of average Administrator, FSA may waive such repayment if it is determined that: U.S.C. Chapter 35 and been assigned adjusted gross income may be (1) The payment was made without OMB control number xxxx–xxxx. conducted as necessary to determine fault on the part of the person; and Dated: June 27, 2003. compliance with the requirements of (2) Requiring such repayment would A. Ellen Terpstra, this subpart. As a part of this audit, be contrary to equity and good income tax forms may be requested and conscience. Administrator, Foreign Agricultural Service. if requested, must be supplied. If a (b) Unless an overpayment is [FR Doc. 03–16812 Filed 7–1–03; 8:45 am] producer has submitted information to otherwise recovered, or waived under BILLING CODE 3410–10–P FSA, including a certification from a paragraph (a), the Administrator, FSA certified public accountant or attorney, shall recover the overpayment by that relied upon information from a deductions from any sums payable to DEPARTMENT OF TRANSPORTATION form previously filed with the Internal such person. Revenue Service, such producer shall (c) If the Administrator, FSA, or a Federal Aviation Administration provide FSA a copy of any amended court of competent jurisdiction, form filed with the Internal Revenue determines that a person: 14 CFR Part 39 Service with 30 days of the filing. (1) Knowingly has made, or caused [Docket No. 2002–NM–149–AD] another to make, a false statement or (d) If requested in writing by FSA, the representation of a material fact, or RIN 2120–AA64 United States Department of (2) Knowingly has failed, or caused Agriculture, or the Comptroller General another to fail, to disclose a material Airworthiness Directives; Boeing of the United States, the producer shall fact, and, as a result of such false Model 747–100, –200B, and –200F provide all information and statement or representation, or of such Series Airplanes documentation the reviewing authority nondisclosure, such person has received AGENCY: Federal Aviation determines necessary to verify any any payment under this program to Administration, DOT. information or certification provided which the person was not entitled, such ACTION: Notice of proposed rulemaking under this subpart, including all person shall, in addition to any other (NPRM). documents referred to in § 1580.301(c), penalty provided by law, be ineligible within 30 days. Acceptable production for any further payment under this SUMMARY: This document proposes the documentation may be submitted by program. adoption of a new airworthiness facsimile, in person, or by mail and may (d) Except for overpayments directive (AD) that is applicable to include copies of receipts, ledgers, determined by a court of competent certain Boeing Model 747–100, –200B, income statements, deposit slips, jurisdiction, no repayment may be and –200F series airplanes. This register tapes, invoices for custom required, and no deduction may be proposal would require initial and harvesting, records to verify production made, under this section until a repetitive inspections to find costs, contemporaneous measurements, determination and an opportunity for a discrepancies in the upper and lower truck scale tickets, and fair hearing has been given to the person skins of the fuselage lap joints, and contemporaneous diaries that are concerned, and the determination has repair if necessary. This action is determined acceptable by the county become final. necessary to find and fix such committee. Failure to provide necessary (e) Whoever makes a false statement discrepancies, which could result in and accurate information to verify of a material fact knowing it to be false, sudden fracture and failure of a lap joint compliance, or failure to comply with or knowingly fails to disclose a material and rapid in-flight decompression of the this subpart’s requirements, will result fact, for the purpose of obtaining or airplane fuselage. This action is in ineligibility for all program benefits increasing for himself or for any other intended to address the identified subject to this subpart for the year or person any payments authorized to be unsafe condition. furnished under this program shall be years subject to the request. DATES: fined not more that $10,000 or Comments must be received by (e) All information provided to FSA imprisoned for not more than 1 year, or August 18, 2003. for the purposes of determining both. ADDRESSES: Submit comments in compliance with this part will remain triplicate to the Federal Aviation confidential and not be subject to any § 1580.505 Appeals. Administration (FAA), Transport request submitted under the Freedom of Any person may obtain Airplane Directorate, ANM–114, Information Act. reconsideration and review of Attention: Rules Docket No. 2002–NM–
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149–AD, 1601 Lind Avenue, SW., interested persons. A report discrepancies in the upper and lower Renton, Washington 98055–4056. summarizing each FAA-public contact skins of the fuselage lap joint, and repair Comments may be inspected at this concerned with the substance of this if necessary. location between 9 a.m. and 3 p.m., proposal will be filed in the Rules Explanation of Relevant Service Monday through Friday, except Federal Docket. Information holidays. Comments may be submitted Commenters wishing the FAA to via fax to (425) 227–1232. Comments acknowledge receipt of their comments The FAA has reviewed and approved may also be sent via the Internet using submitted in response to this action Boeing Alert Service Bulletin 747– the following address: must submit a self-addressed, stamped 53A2463, including Appendices A, B, [email protected]. postcard on which the following and C, and the Evaluation Form, dated Comments sent via fax or the Internet statement is made: ‘‘Comments to March 7, 2002, which describes must contain ‘‘Docket No. 2002–NM– Docket Number 2002–NM–149–AD.’’ procedures for repetitive medium and 149–AD’’ in the subject line and need The postcard will be date stamped and low frequency eddy current inspections not be submitted in triplicate. returned to the commenter. for discrepancies (cracking and/or corrosion), and repair of any Comments sent via the Internet as Availability of NPRMs attached electronic files must be discrepancies found. Accomplishment formatted in Microsoft Word 97 or 2000 Any person may obtain a copy of this of the actions specified in the service or ASCII text. NPRM by submitting a request to the bulletin is intended to adequately The service information referenced in FAA, Transport Airplane Directorate, address the identified unsafe condition. this AD may be obtained from Boeing ANM–114, Attention: Rules Docket No. 2002–NM–149–AD, 1601 Lind Avenue, Explanation of Requirements of Commercial Airplane Group, P.O. Box Proposed Rule 3707, Seattle, Washington 98124–2207. SW., Renton, Washington 98055–4056. Since an unsafe condition has been This information may be examined at Discussion the FAA, Transport Airplane identified that is likely to exist or The FAA has received a report Directorate, 1601 Lind Avenue, SW., develop on other products of this same indicating rapid in-flight decompression Renton, Washington. type design, the proposed AD would of a Boeing Model 737 series airplane. require accomplishment of the actions FOR FURTHER INFORMATION CONTACT: Rick Investigation revealed that the skin specified in the service bulletin Kawaguchi, Aerospace Engineer, above the forward entry door was described previously, except as Airframe Branch, ANM–120S, FAA, separated at the stringer S–4R lap joint, discussed below. Seattle Aircraft Certification Office, with a 28-inch tear running along the 1601 Lind Avenue, SW., Renton, lap joint. The skin was bent back at the Difference Between Alert Service Washington 98055–4056; telephone upper edge of the stringer at S–5R and Bulletin and This Proposed AD (425) 917–6434; fax (425) 917–6590. formed a rectangular opening that Although the alert service bulletin SUPPLEMENTARY INFORMATION: progressed from body station (BS) 328 to specifies that the manufacturer may be Comments Invited BS 300. Further investigation revealed contacted for disposition of certain that numerous scratches on the skin of repair conditions or inspection Interested persons are invited to the lap joint had initiated fatigue cracks procedures, this proposed AD requires participate in the making of the and subsequent tearing of the skin. We the repair and inspection procedures be proposed rule by submitting such also have received reports of similar accomplished in accordance with a written data, views, or arguments as damage (corrosion and fatigue cracking) method approved by the FAA, or in they may desire. Communications shall to certain lap joints on other Model 737 accordance with data meeting the type identify the Rules Docket number and series airplanes. These discrepancies certification basis of the airplane be submitted in triplicate to the address have been attributed to the approved by a Boeing Company specified above. All communications manufacturing process, which includes Designated Engineering Representative received on or before the closing date a cold-bonded adhesive of the lap joint who has been authorized by the FAA to for comments, specified above, will be configuration. Such conditions, if not make such findings. considered before taking action on the corrected, could result in sudden Changes to 14 CFR Part 39/Effect on the proposed rule. The proposals contained fracture and failure of a lap joint and Proposed AD in this action may be changed in light rapid in-flight decompression of the of the comments received. Submit airplane fuselage. On July 10, 2002, the FAA issued a comments using the following format: The subject area on certain Model new version of 14 CFR part 39 (67 FR • Organize comments issue-by-issue. 747–100, –200B, and –200F series 47997, July 22, 2002), which governs the For example, discuss a request to airplanes is manufactured using a FAA’s airworthiness directives system. change the compliance time and a process similar to that used on the The regulation now includes material request to change the service bulletin affected Model 737 series airplanes. that relates to altered products, special reference as two separate issues. Therefore, those Model 747–100, –200B, flight permits, and alternative methods • For each issue, state what specific and –200F series airplanes may be of compliance. Because we have now change to the proposed AD is being subject to the same unsafe condition included this material in part 39, we no requested. revealed on the Model 737 series longer need to include it in each • Include justification (e.g., reasons or airplanes. individual AD; however, this AD data) for each request. identifies the office authorized to Related AD Comments are specifically invited on approve alternative methods of the overall regulatory, economic, This AD is related to AD 2000–17–04, compliance. environmental, and energy aspects of amendment 39–11878, (65 FR 51750, the proposed rule. All comments August 25, 2000), applicable to certain Cost Impact submitted will be available, both before Boeing Model 737–100, –200, and There are approximately 86 airplanes and after the closing date for comments, –200C series airplanes. That AD of the affected design in the worldwide in the Rules Docket for examination by requires repetitive inspections to detect fleet. The FAA estimates that 55
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airplanes of U.S. registry would be PART 39—AIRWORTHINESS airplane. No fleet-averaging of cabin pressure affected by this proposed AD, that it DIRECTIVES is allowed. would take approximately 5,334 work Repair hours per airplane to accomplish the 1. The authority citation for part 39 continues to read as follows: (d) Before further flight, repair any proposed inspections, and that the discrepancy (cracking or corrosion) found average labor rate is $60 per work hour. Authority: 49 U.S.C. 106(g), 40113, 44701. during any inspection required by paragraph Based on these figures, the cost impact (a) of this AD, per the Accomplishment of the proposed AD on U.S. operators is § 39.13 [Amended] Instructions of Boeing Alert Service Bulletin estimated to be $17,602,200, or 2. Section 39.13 is amended by 747–53A2463, including Appendices A, B, $320,040 per airplane. adding the following new airworthiness and C, dated March 7, 2002. If any directive: discrepancy is found and the alert service The cost impact figure discussed bulletin specifies that the manufacturer may above is based on assumptions that no Boeing: Docket 2002–NM–149–AD. be contacted for disposition of certain operator has yet accomplished any of Applicability: Model 747–100, –200B, and repairs, before further flight, repair per a the proposed requirements of this AD –200F series airplanes, as listed in Boeing method approved by the Manager, Seattle action, and that no operator would Alert Service Bulletin 747–53A2463, dated ACO; or per data meeting the type accomplish those actions in the future if March 7, 2002; certificated in any category. certification basis of the airplane approved this proposed AD were not adopted. The Compliance: Required as indicated, unless by a Boeing Company DER who has been cost impact figures discussed in AD accomplished previously. authorized by the Manager, Seattle ACO, to make such findings. rulemaking actions represent only the To find and fix discrepancies in the upper and lower skins of the fuselage lap joints, Alternative Methods of Compliance time necessary to perform the specific which could result in sudden fracture and actions actually required by the AD. failure of a lap joint and rapid in-flight (e) In accordance with 14 CFR 39.19, the These figures typically do not include decompression of the airplane fuselage, Manager, Seattle ACO, is authorized to incidental costs, such as planning time, accomplish the following: approve alternative methods of compliance or time necessitated by other for this AD. Initial and Repetitive Inspections administrative actions. Issued in Renton, Washington, on June 26, (a) Do the applicable (initial and repetitive) 2003. Regulatory Impact inspections as specified in Figures 2 through 8, as applicable, of the Accomplishment Michael J. Kaszycki, The regulations proposed herein Instructions of Boeing Alert Service Bulletin Acting Manager, Transport Airplane would not have a substantial direct 747–53A2463, including Appendices A, B, Directorate, Aircraft Certification Service. effect on the States, on the relationship and C, dated March 7, 2002, to find [FR Doc. 03–16694 Filed 7–1–03; 8:45 am] between the national Government and discrepancies (cracking and corrosion) in the BILLING CODE 4910–13–P the States, or on the distribution of upper and lower skins of the fuselage lap power and responsibilities among the joints. Do the inspections at the applicable various levels of government. Therefore, times specified in Figure 1 of the DEPARTMENT OF TRANSPORTATION Accomplishment Instructions of the alert it is determined that this proposal service bulletin, in accordance with the alert Federal Aviation Administration would not have federalism implications service bulletin; except that where Figure 1 under Executive Order 13132. specifies a compliance time of ‘‘after the 14 CFR Part 39 For the reasons discussed above, I release date of this service bulletin,’’ this AD certify that this proposed regulation (1) requires a compliance time of ‘‘after the [Docket No. 98–NM–11–AD] is not a ‘‘significant regulatory action’’ effective date of this AD.’’ Where Figure 1 specifies a compliance time of ‘‘flight cycles’’ RIN 2120–AA64 under Executive Order 12866; (2) is not this AD requires a compliance time of ‘‘total a ‘‘significant rule’’ under the DOT flight cycles.’’ Airworthiness Directives; Boeing Regulatory Policies and Procedures (44 (b) Where Boeing Alert Service Bulletin Model 737–100, –200, –200C, –300, FR 11034, February 26, 1979); and (3) if 747–53A2463, including Appendices A, B, –400, and –500 Series Airplanes promulgated, will not have a significant and C, dated March 7, 2002, specifies that the economic impact, positive or negative, manufacturer may be contacted for certain AGENCY: Federal Aviation on a substantial number of small entities inspection procedures, inspect per a method Administration, DOT. under the criteria of the Regulatory approved by the Manager, Seattle Aircraft ACTION: Supplemental notice of Flexibility Act. A copy of the draft Certification Office (ACO), FAA; or per data proposed rulemaking; reopening of meeting the type certification basis of the comment period. regulatory evaluation prepared for this airplane approved by a Boeing Company action is contained in the Rules Docket. Designated Engineering Representative (DER) SUMMARY: This document revises an A copy of it may be obtained by who has been authorized by the Manager, earlier proposed airworthiness directive contacting the Rules Docket at the Seattle ACO, to make such findings. (AD), applicable to certain Boeing location provided under the caption Adjustments to Compliance Time: Cabin Model 737 series airplanes, that would ADDRESSES. Differential Pressure have required inspections of certain List of Subjects in 14 CFR Part 39 (c) For the purposes of calculating the bonded skin panels to detect compliance threshold and repetitive interval delamination of the skin doublers (tear Air transportation, Aircraft, Aviation for the inspections required by paragraph (a) straps) from the skin panels, and follow- safety, Safety. of this AD: Flight cycles in which cabin on corrective actions if necessary. This differential pressure is at 2.0 pounds per The Proposed Amendment new action revises the proposed rule by square inch (psi) or less need not be counted revising certain inspection methods and Accordingly, pursuant to the when determining the number of flight cycles expanding the area of certain that have occurred on the airplane, provided authority delegated to me by the that flight cycles with momentary spikes in inspections. This new action also Administrator, the Federal Aviation cabin differential pressure above 2.0 psi are proposes to extend the compliance time Administration proposes to amend part included as full pressure flight cycles. For for certain inspections. The actions 39 of the Federal Aviation Regulations this provision to apply, all cabin pressure specified by this new proposed AD are (14 CFR part 39) as follows: records must be maintained for each intended to prevent skin doublers from
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delaminating from their skin panels, request to change the service bulletin 2, dated October 25, 2001. (The first which could result in fatigue cracks in reference as two separate issues. supplemental NPRM refers to Revision the skin doublers and skin panels and • For each issue, state what specific 1 of that service bulletin, dated consequent rapid decompression of the change to the proposed AD is being September 30, 1999, as the appropriate airplane. requested. source of service information for the • Include justification (e.g., reasons or DATES: Comments must be received by actions proposed in that first July 28, 2003. data) for each request. supplemental NPRM.) Revision 2 of the Comments are specifically invited on service bulletin does the following: ADDRESSES: Submit comments in the overall regulatory, economic, • Revises the inspection method from triplicate to the Federal Aviation environmental, and energy aspects of close visual to detailed visual for the Administration (FAA), Transport the proposed rule. All comments one-time internal inspection for cracks Airplane Directorate, ANM–114, submitted will be available, both before or corrosion of bonded skin panels. Attention: Rules Docket No. 98–NM– and after the closing date for comments, • Extends the compliance time for the 11–AD, 1601 Lind Avenue, SW., in the Rules Docket for examination by one-time internal inspection to 50,000 Renton, Washington 98055–4056. interested persons. A report total flight cycles (or 50,000 flight cycles Comments may be inspected at this summarizing each FAA-public contact after skin panel replacement, as location between 9 a.m. and 3 p.m., concerned with the substance of this applicable), or 20,000 flight cycles after Monday through Friday, except Federal proposal will be filed in the Rules service bulletin release, whichever is holidays. Comments may be submitted Docket. later. via fax to (425) 227–1232. Comments Commenters wishing the FAA to • Expands the area of the external may also be sent via the Internet using acknowledge receipt of their comments inspection from under stringer 17 to the following address: 9-anm- submitted in response to this action under all stringers. [email protected]. Comments sent must submit a self-addressed, stamped • Expands the inspection area via fax or the Internet must contain postcard on which the following following a finding of delamination to ‘‘Docket No. 98–NM–11–AD’’ in the statement is made: ‘‘Comments to include all fasteners common to the subject line and need not be submitted Docket Number 98–NM–11–AD.’’ The delamination area plus two fasteners on in triplicate. Comments sent via the postcard will be date stamped and each side of the delamination area. Internet as attached electronic files must returned to the commenter. • Expands the effectivity to include be formatted in Microsoft Word 97 for certain airplanes not listed in the Availability of NPRMs Windows or ASCII text. effectivity listing of Revision 1 of the The service information referenced in Any person may obtain a copy of this service bulletin. the proposed rule may be obtained from NPRM by submitting a request to the Accomplishment of the actions Boeing Commercial Airplane Group, FAA, Transport Airplane Directorate, specified in Revision 2 of the service P.O. Box 3707, Seattle, Washington ANM–114, Attention: Rules Docket No. bulletin is intended to adequately 98124–2207. This information may be 98–NM–11–AD, 1601 Lind Avenue, address the unsafe condition. examined at the FAA, Transport SW., Renton, Washington 98055–4056. Explanation of Changes to Proposal Airplane Directorate, 1601 Lind Discussion Avenue, SW., Renton, Washington. We have revised the preamble and A proposal to amend part 39 of the FOR FURTHER INFORMATION CONTACT: body of this second supplemental Federal Aviation Regulations (14 CFR Duong Tran, Aerospace Engineer, NPRM to identify affected airplane part 39) to add an airworthiness Airframe Branch, ANM–120S, FAA, models more specifically. directive (AD), applicable to certain Transport Airplane Directorate, Seattle We have changed all references to Boeing Model 737 series airplanes, was Aircraft Certification Office, 1601 Lind ‘‘detailed visual inspection’’ in the first published as a supplemental notice of Avenue, SW., Renton, Washington supplemental NPRM to ‘‘detailed proposed rulemaking (NPRM) in the 98055–4056; telephone (425) 917–6452; inspection’’ in this second supplemental Federal Register on August 10, 2000 (65 fax (425) 917–6590. NPRM. Also, for clarification, we have FR 48937). That original supplemental revised the definition of a ‘‘general SUPPLEMENTARY INFORMATION: NPRM (hereafter referred to as ‘‘the first visual inspection’’ in this second Comments Invited supplemental NPRM’’) would have supplemental NPRM. required inspections of certain bonded In addition, because the language in Interested persons are invited to skin panels to detect delamination of Note 6 of the first supplemental NPRM participate in the making of the the skin doublers (tear straps) from the is regulatory in nature, that note has proposed rule by submitting such skin panels, and follow-on corrective been redesignated as paragraph (g) of written data, views, or arguments as actions if necessary. The first this second supplemental NPRM. they may desire. Communications shall supplemental NPRM was prompted by Comments identify the Rules Docket number and reports that certain skin doublers were be submitted in triplicate to the address delaminated from their skin panels due Due consideration has been given to specified above. All communications to improper processing of certain skin the comments received in response to received on or before the closing date panels. That condition, if not corrected, the first supplemental NPRM. While one for comments, specified above, will be could result in fatigue cracks in the skin commenter supports the proposal, considered before taking action on the doublers and skin panels and certain comments have resulted in proposed rule. The proposals contained consequent rapid decompression of the changes to the proposal that are in this action may be changed in light airplane. reflected in this second supplemental of the comments received. NPRM. Certain other comments Submit comments using the following Explanation of New Service received in response to the original format: Information NPRM and first supplemental NPRM are • Organize comments issue-by-issue. Since the issuance of the first no longer relevant to this proposal For example, discuss a request to supplemental NPRM, Boeing has issued because of the changes in the proposal change the compliance time and a Service Bulletin 737–53–1179, Revision related to Revision 2 of the service
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bulletin. Certain other comments that bulletin are acceptable for compliance However, we find that repairs are still relevant but that have not with paragraph (a)(2)(i) of this AD. accomplished according to specific resulted in any change to the proposal • We have not included the contents sections of the SRM referred to in will be addressed in the final rule, along of Note 7 of the first supplemental Boeing Service Bulletin 737–53–1179, with any additional comments received NPRM in this second supplemental Revision 2, eliminate the need for the in response to this second supplemental NPRM. proposed inspections for the area of the NPRM. Give Credit for Inspections repair only. All other repairs must be Revise References to Inspection Accomplished per Existing Programs approved by the FAA or per data meeting the type certification basis of Methods and Procedures One commenter to the first the airplane approved by a Boeing supplemental NPRM, as well as one One commenter, the airplane Company Designated Engineering commenter to the original NPRM, manufacturer, requests that the FAA Representative who has been authorized revise certain references to inspection requests that we allow credit for visual inspections of areas subject to this by the FAA to make such findings. methods and procedures in various Therefore, we have added a new places in the first supplemental NPRM: proposal if they were previously paragraph (f) to this second • In paragraphs (a)(2)(i) and (b)(2)(i) accomplished per an FAA-approved of the first supplemental NPRM, change Corrosion Prevention and Control supplemental NPRM (and reordered the method for the inspection for cracks Program (CPCP). subsequent paragraphs accordingly) to or corrosion of bonded ‘‘Zone A’’ skin We concur with the commenters’ specify that, where the service bulletin panels from internal general visual to requests. We have previously issued AD refers to specific sections of the SRM for internal detailed visual. The procedures 90–25–01, amendment 39–6789 (55 FR repair instructions, repairs per those in the service bulletin describe a 49263, November 27, 1990), to require SRM sections eliminate the requirement detailed visual inspection rather than a the implementation of a CPCP on all to do the inspections required by this general visual inspection. Boeing Model 737 series airplanes. proposed AD for the repaired area only. • Inspections accomplished per that CPCP In paragraphs (a)(2)(i), (a)(2)(ii), Define Method for Determining are an acceptable method of compliance (b)(2)(i), and (b)(2)(ii) of the first Configuration supplemental NPRM, clarify the for certain inspections that would be inspection requirements for ‘‘Zone A’’ required by this proposed AD, provided One commenter requests clarification and ‘‘Zone B’’ skin panels by referring that these inspections are accomplished on what method to use to determine the to the figures in the service bulletin that within the compliance times specified configuration of skin panels as ‘‘Zone define those inspections. in this proposed AD. Operators must A’’ or ‘‘Zone B,’’ as specified in Figure • In Note 6 of the first supplemental note that this credit applies only for 2, Sheet 4 of 4, in the service bulletin. NPRM, clarify that the internal general visual inspections of ‘‘Zone A’’ inspections described in that paragraph skin panels. Accordingly, we have We concur that some clarification apply only to ‘‘Zone A’’ areas, and that added a new paragraph (h) to this may be necessary. As stated previously, accomplishment of those internal second supplemental NPRM to provide we have revised paragraphs (a)(2)(i), inspections is acceptable specifically for this credit. (a)(2)(ii), (b)(2)(i), and (b)(2)(ii) of this compliance with paragraph (a)(2)(i) of second supplemental NPRM to refer to Allow Repair per Structural Repair the Accomplishment Instructions and the proposed AD. Manual • For clarification, if the changes Figure 2 of the service bulletin as the above are implemented, delete Note 7 of Two commenters request that any appropriate reference for determining the first supplemental NPRM. subject area that has been repaired whether a skin panel is ‘‘Zone A’’ or We concur with the commenter’s previously per the Boeing 737 Structural ‘‘Zone B.’’ The criteria for determining requests and, accordingly, have made Repair Manual (SRM) be exempted from the category of a skin panel are shown the following changes to this second the inspection requirements of this under paragraph 3.A. in the supplemental NPRM: proposal. One of the commenters notes Accomplishment Instructions of the • We have revised paragraphs (a)(2)(i) that repair by installation of solid service bulletin. We find that these and (b)(2)(i) of this second supplemental fasteners is defined in Chapter 51–00– criteria are adequate for determining the NPRM to specify a one-time internal 01, Figure 225, of the SRM, which the applicable inspection method for each detailed inspection to detect cracks or commenter states is referenced in the skin panel. No further change to this corrosion of ‘‘Zone A’’ skin panels. proposal. The other commenter asks second supplemental NPRM is • We have revised paragraphs whether we intend to require an necessary in this regard. (a)(2)(i), (a)(2)(ii), (b)(2)(i), and (b)(2)(ii) alternative method of compliance of this second supplemental NPRM to (AMOC) for each fuselage flush or Give Credit for Actions Accomplished refer to the Accomplishment external repair in the inspection area. Previously Instructions of Revision 2 of the service That commenter specifically requests One commenter requests clarification bulletin. (We find that referring to the that all repairs per the SRM be approved that an operator is in compliance with Accomplishment Instructions of the as an AMOC to the proposed AD, and the proposed AD if the terminating service bulletin meets the commenter’s that we allow Boeing Designated inspection has been done prior to the intent with regard to referring to the Engineering Representatives to approve effective date of the AD. specific figures.) repairs. • We have revised paragraph (g) of We partially concur with the We find that no change is necessary this second supplemental NPRM (which commenters’ requests. We do not find it to meet the intent of the commenter’s contains the provisions of Note 6 of the appropriate to give ‘‘blanket’’ approval request. We give credit for actions first supplemental NPRM) to state that of any repair per the SRM, and we note accomplished before the effective date internal detailed inspections of ‘‘Zone that neither the first supplemental of an AD by means of the phrase A’’ skin panels that are accomplished NPRM nor the service bulletin refers to ‘‘Compliance: Required as indicated, before the effective date of the AD per the specific section and figure of the unless accomplished previously,’’ previous revisions of the service SRM referred to by the commenter. which appears in every AD.
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Explanation of New Requirements of to provide additional opportunity for action is contained in the Rules Docket. Proposal public comment. A copy of it may be obtained by contacting the Rules Docket at the Since an unsafe condition has been Cost Impact identified that is likely to exist or location provided under the caption There are approximately 2,083 ADDRESSES. develop on other products of this same airplanes of the affected design in the type design, this second supplemental worldwide fleet. The FAA estimates that List of Subjects in 14 CFR Part 39 NPRM would require accomplishment 863 airplanes of U.S. registry would be Air transportation, Aircraft, Aviation of the actions specified in Boeing affected by this proposed AD. safety, Safety. Service Bulletin 737–53–1179, Revision It would take approximately 10 work 2, described previously, except as hours per airplane to accomplish the The Proposed Amendment discussed below. proposed external general visual and Accordingly, pursuant to the Explanation of Applicability detailed inspections, at an average labor authority delegated to me by the rate of $60 per work hour. Based on Administrator, the Federal Aviation The applicability statement of this these figures, the cost impact of these Administration proposes to amend part second supplemental NPRM includes external inspections proposed by this 39 of the Federal Aviation Regulations Model 737–100, –200, –200C, –300, AD on U.S. operators is estimated to be (14 CFR part 39) as follows: –400, and –500 series airplanes; having $517,800, or $600 per airplane, per line numbers 1 through 2947 inclusive. inspection cycle. PART 39—AIRWORTHINESS As explained in the first supplemental It would take approximately 360 work DIRECTIVES NPRM, in determining the applicability hours per airplane to accomplish the of this proposed AD, we considered the 1. The authority citation for part 39 proposed internal detailed and continues to read as follows: possibility that any airplane delivered ultrasonic inspections, at an average prior to October 1, 1997, might be labor rate of $60 per work hour. Based Authority: 49 U.S.C. 106(g), 40113, 44701. equipped with an improperly processed on these figures, the cost impact of this § 39.13 [Amended] skin panel. We have determined that inspection proposed by this AD on U.S. 2. Section 39.13 is amended by line number 2947 corresponds to a operators is estimated to be $18,640,800, delivery date of October 1, 1997. adding the following new airworthiness or $21,600 per airplane. directive: The cost impact figures discussed Differences Between Second Boeing: Docket 98–NM–11–AD. Supplemental NPRM and Service above are based on assumptions that no Applicability: Model 737–100, 737–200, Bulletin operator has yet accomplished any of the proposed requirements of this AD –200C, –300, –400, and –500 series airplanes; Operators also should note that, action, and that no operator would line numbers (L/N) 1 through 2947 inclusive; certified in any category. although the service bulletin specifies accomplish those actions in the future if that the manufacturer may be contacted this proposed AD were not adopted. The Note 1: This AD applies to each airplane identified in the preceding applicability for disposition of certain repair cost impact figures discussed in AD conditions, this second supplemental provision, regardless of whether it has been rulemaking actions represent only the modified, altered, or repaired in the area NPRM would require the repair of those time necessary to perform the specific subject to the requirements of this AD. For conditions to be accomplished in actions actually required by the AD. airplanes that have been modified, altered, or accordance with a method approved by These figures typically do not include repaired so that the performance of the the FAA; or in accordance with data incidental costs, such as the time requirements of this AD is affected, the meeting the type certification basis of required to gain access and close up, owner/operator must request approval for an the airplane approved by a Boeing planning time, or time necessitated by alternative method of compliance in accordance with paragraph (i) of this AD. The Company Designated Engineering other administrative actions. Representative who has been authorized request should include an assessment of the Regulatory Impact effect of the modification, alteration, or repair by the Manager, Seattle Aircraft on the unsafe condition addressed by this Certification Office, to make such The regulations proposed herein AD; and, if the unsafe condition has not been findings. would not have a substantial direct eliminated, the request should include Additionally, the service bulletin effect on the States, on the relationship specific proposed actions to address it. specifies that certain inspections may be between the national Government and Compliance: Required as indicated, unless accomplished in accordance with ‘‘an the States, or on the distribution of accomplished previously. equivalent’’ procedure. However, this power and responsibilities among the To prevent skin doublers (tear straps) from second supplemental NPRM would various levels of government. Therefore, delaminating from their skin panels, which require that those inspections be it is determined that this proposal could result in fatigue cracks in the skin accomplished in accordance with the would not have federalism implications doublers and skin panels and consequent rapid decompression of the airplane, procedures specified in the chapter of under Executive Order 13132. accomplish the following: the 737 Nondestructive Test Manual For the reasons discussed above, I specified in the service bulletin. An certify that this proposed regulation: (1) Initial and Repetitive Inspections (L/N 611 ‘‘equivalent’’ procedure may be used is not a ‘‘significant regulatory action’’ through 2725 inclusive) only if approved as an alternative under Executive Order 12866; (2) is not (a) For airplanes having L/N 611 through method of compliance in accordance a ‘‘significant rule’’ under the DOT 2725 inclusive: Accomplish the actions with the provisions of paragraph (i) of Regulatory Policies and Procedures (44 required by paragraphs (a)(1) and (a)(2) of FR 11034, February 26, 1979); and (3) if this AD on any bonded skin panel assembly this second supplemental NPRM. that has NOT been replaced with any new or promulgated, will not have a significant Conclusion serviceable bonded skin panel assembly, in economic impact, positive or negative, accordance with the Accomplishment Since certain changes expand the on a substantial number of small entities Instructions of Boeing Service Bulletin 737– scope of the originally proposed rule, under the criteria of the Regulatory 53–1179, Revision 2, dated October 25, 2001. the FAA has determined that it is Flexibility Act. A copy of the draft Note 2: For the purposes of this AD, necessary to reopen the comment period regulatory evaluation prepared for this bonded skin panels consist of skin doublers
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(tear straps) that are bonded to skin panels the service bulletin): Perform an internal or (2) Accomplish corrective actions located above stringer S–26 from body station external ultrasonic inspection to detect (including additional inspections and (BS) 259 to BS 1016 on both sides of the cracks or corrosion of bonded skin panels, or repairs) in accordance with Figure 2 and the airplane. delamination of the skin doublers from the ‘‘Delamination and Crack Repair’’ section of bonded skin panels. the Accomplishment Instructions of Boeing Note 3: If the skin panel is solid with no Service Bulletin 737–53–1179, Revision 2, doublers (tear straps) bonded to it, the Initial and Repetitive Inspections (L/N 1 dated October 25, 2001, except as provided inspections required by this AD are not through 2947 inclusive) by paragraph (d) of this AD. necessary for that skin panel. (b) For airplanes having L/N 1 through (1) Prior to the accumulation of 20,000 2947 inclusive, on which any bonded skin Exception to Repair Procedures total flight cycles, or within 5,000 flight panel was replaced with a new or (d) Where Boeing Service Bulletin 737–53– cycles after the effective date of this AD, serviceable, Boeing-built, bonded skin panel 1179, Revision 2, dated October 25, 2001, whichever occurs later, accomplish prior to October 1, 1997: Accomplish the specifies that repair of a cracked, corroded, paragraphs (a)(1)(i) and (a)(1)(ii) of this AD, actions required by paragraphs (b)(1) and or delaminated skin panel is to be in accordance with the Accomplishment (b)(2) of this AD, in accordance with the accomplished in accordance with Instructions of the service bulletin. Repeat Accomplishment Instructions of Boeing instructions received from Boeing, this AD the inspections thereafter at intervals not to Service Bulletin 737–53–1179, Revision 2, requires that the repair be accomplished in exceed 5,000 flight cycles, until dated October 25, 2001. accordance with a method approved by the accomplishment of paragraph (a)(2) of this (1) Within 20,000 flight cycles after Manager, Seattle Aircraft Certification Office AD. replacement of the bonded skin panel, or (ACO), FAA; or in accordance with data (i) Perform an external general visual within 5,000 flight cycles after the effective meeting the type certification basis of the inspection of all affected areas NOT specified date of this AD, whichever occurs later, airplane approved by a Boeing Company in paragraph (a)(1)(ii) of this AD to detect accomplish paragraphs (b)(1)(i) and (b)(1)(ii) Designated Engineering Representative who cracks or corrosion of bonded skin panels. of this AD. Repeat the inspections thereafter has been authorized by the Manager, Seattle (ii) Perform an external detailed inspection at intervals not to exceed 5,000 flight cycles, ACO, to make such findings. For a repair to detect cracks or corrosion of bonded skin until accomplishment of paragraph (b)(2) of method to be approved by the Manager, panels at all stringers, window belts, lap this AD. Seattle ACO, as required by this paragraph, joints, and butt splice joints. (i) Perform an external general visual the approval letter must specifically Note 4: For the purposes of this AD, a inspection of all affected areas NOT specified reference this AD. general visual inspection is defined as: ‘‘A in paragraph (b)(1)(ii) to detect cracks or visual examination of an interior or exterior corrosion of bonded skin panels. Operator’s Equivalent Procedures area, installation, or assembly to detect (ii) Perform a detailed inspection to detect (e) Where Boeing Service Bulletin 737–53– obvious damage, failure, or irregularity. This cracks or corrosion of bonded skin panels at 1179, Revision 2, dated October 25, 2001, level of inspection is made from within all stringers, window belts, lap joints, and specifies that the inspections required by this touching distance unless otherwise specified. butt splice joints. AD may be accomplished in accordance with A mirror may be necessary to enhance visual (2) Within 50,000 flight cycles after an ‘‘equivalent’’ procedure, the inspections access to all exposed surfaces in the replacement of the bonded skin panel, but must be accomplished in accordance with inspection area. This level of inspection is after the accumulation of 4,500 flight cycles the chapter of the Boeing 737 Nondestructive made under normally available lighting after such replacement; or within 20,000 Test Manual specified in the service bulletin. conditions such as daylight, hangar lighting, flight cycles after the effective date of this Credit for Actions Accomplished Previously flashlight, or droplight and may require AD; whichever occurs later; accomplish removal or opening of access panels or doors. paragraphs (b)(2)(i) and (b)(2)(ii) of this AD. (f) Where the service bulletin refers to Stands, ladders, or platforms may be required Accomplishment of the requirements of specific sections of the Boeing 737 Structural to gain proximity to the area being checked.’’ paragraphs (b)(2)(i) and (b)(2)(ii) of this AD Repair Manual (SRM) for repair instructions, constitutes terminating action for the repairs accomplished before the effective Note 5: For the purposes of this AD, a repetitive inspection requirement of date of this AD per those SRM sections detailed inspection is defined as: ‘‘An paragraph (b)(1) of this AD. eliminate the requirement to do the intensive visual examination of a specific (i) For ‘‘Zone A’’ areas (as defined in the inspections required by this proposed AD for structural area, system, installation, or Accomplishment Instructions and Figure 2 of the repaired area only. assembly to detect damage, failure, or the service bulletin): Perform a one-time (g) Internal detailed inspections of ‘‘Zone irregularity. Available lighting is normally internal detailed inspection to detect cracks A’’ skin panels accomplished before the supplemented with a direct source of good or corrosion of bonded skin panels or effective date of this AD in accordance with lighting at intensity deemed appropriate by delamination of the skin doublers from the the original issue of Boeing Service Bulletin the inspector. Inspection aids such as mirror, bonded skin panels. 737–53–1179, dated June 22, 1995, or magnifying lenses, etc., may be used. Surface (ii) For ‘‘Zone B’’ areas (as defined in the Revision 1, dated September 30, 1999, are cleaning and elaborate access procedures Accomplishment Instructions and Figure 2 of acceptable for compliance with paragraph may be required.’’ the service bulletin): Perform an internal or (a)(2)(i) of this AD, provided that they were (2) Prior to the accumulation of 50,000 external ultrasonic inspection to detect accomplished after the accumulation of 4,500 total flight cycles, but after the accumulation cracks or corrosion of bonded skin panels, or total flight cycles. of 4,500 total flight cycles; or within 20,000 delamination of the skin doublers from the (h) Inspections accomplished per the flight cycles after the effective date of this bonded skin panels. Corrosion Prevention and Control Program AD; whichever occurs later; accomplish established by AD 90–25–01, amendment 39– paragraphs (a)(2)(i) and (a)(2)(ii) of this AD. Corrective Actions 6789, are acceptable for compliance with the Accomplishment of the requirements of (c) If any crack, corrosion, or delamination external general visual inspections of ‘‘Zone paragraphs (a)(2)(i) and (a)(2)(ii) of this AD is detected during any inspection required by A’’ skin panels required by paragraphs constitutes terminating action for the paragraph (a) or (b) of this AD, prior to (a)(1)(i) and (b)(1)(i) of this AD, provided that repetitive inspection requirement of further flight, accomplish the actions the inspections are accomplished within the paragraph (a)(1) of this AD. required by either paragraph (c)(1) or (c)(2) of applicable compliance times specified in (i) For ‘‘Zone A’’ areas (as defined in the this AD. paragraphs (a) and (b) of this AD. Accomplishment Instructions and Figure 2 of (1) Replace the cracked, corroded, or the service bulletin): Perform a one-time delaminated skin panel with a new or Alternative Methods of Compliance internal detailed inspection to detect cracks serviceable skin panel manufactured by (i) An alternative method of compliance or or corrosion of bonded skin panels, or Boeing on or after April 1, 1997, in adjustment of the compliance time that delamination of the skin doublers from the accordance with Figure 2 and the provides an acceptable level of safety may be bonded skin panels. Accomplishment Instructions of Boeing used if approved by the Manager, Seattle (ii) For ‘‘Zone B’’ areas (as defined in the Service Bulletin 737–53–1179, Revision 2, ACO. Operators shall submit their requests Accomplishment Instructions and Figure 2 of dated October 25, 2001. through an appropriate FAA Principal
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Maintenance Inspector, who may add Information Act Amendments of 1996.’’ FOIA which requires agencies to comments and then send it to the Manager, Pub. L. 104–231. It also adds procedures maintain a public reading room where Seattle ACO. for OIG records and describes the certain Peace Corps records must be Note 6: Information concerning the availability of Peace Corps records in made available to the public for existence of approved alternative methods of the Federal Register and the agency’s inspection and copying. Reading room compliance with this AD, if any, may be public reading room. Finally, provisions records generally include final opinions obtained from the Seattle ACO. are added that set out procedures for and orders, statements of policy and Special Flight Permits responding to a subpoena. This rule is interpretations adopted by the Peace (j) Special flight permits may be issued in based on guidelines issued by the Corps that are not published in the accordance with sections 21.197 and 21.199 Department of Justice’s (DOJ) Office of Federal Register and administrative of the Federal Aviation Regulations (14 CFR Information and Privacy and DOJ’s staff manuals and instructions that 21.197 and 21.199) to operate the airplane to FOIA rule. A section-by-section analysis affect the public. A new category of a location where the requirements of this AD follows. reading room records includes any can be accomplished. Section-by-Section Analysis record provided pursuant to a public Issued in Renton, Washington, on June 26, request for records that is determined by 2003. Section 303.1 Purpose the Peace Corps to be subject to multiple Ali Bahrami, The purpose of this part is to provide subsequent requests (‘‘subsequent Acting Manager, Transport Airplane rules and procedures for making Peace request records’’). For example, the Directorate, Aircraft Certification Service. Corps records, including electronic Federal Bureau of Investigation has [FR Doc. 03–16693 Filed 7–1–03; 8:45 am] records, available to the public under identified its records on Elvis Presley, BILLING CODE 4910–13–P the Freedom of Information Act, 5 Marilyn Monroe, Elliot Ness, Jackie U.S.C. 552. The language of this section Robinson and Will Rodgers as is revised to reflect the broader scope of subsequent request records. PEACE CORPS the rule, which now includes provisions The use of the term ‘‘will be made on electronic records and the available’’ in paragraph (b) is intended 22 CFR Part 303 availability of Peace Corps records in to clarify that certain public reading the Federal Register and the agency’s room records will normally be Procedures for Disclosure of electronic reading room. maintained in the public reading room, Information Under the Freedom of Section 303.2 Definitions while others will normally be kept in Information Act close proximity elsewhere in Peace This section is revised by deleting AGENCY: Peace Corps. Corps headquarters. In response to a outdated definitions and by including request, any records kept in close ACTION: Proposed rule. definitions located elsewhere in the proximity will be made available for current rule. The definitions of the SUMMARY: The Peace Corps is proposing inspection and copying in the public terms related to the charging of fees are reading room. to review its regulations on the Freedom based, as required under the FOIA, on of Information Act (FOIA) to implement an Office of Management and Budget Paragraph (c) describes the the 1996 amendments to the FOIA (OMB) guidance. See 52 FR 10012 protections from public disclosure that regarding electronic records, time limits, (March 27, 1987) and 53 FR 651–6154 may apply to certain reading room and standards for processing requests (March 1, 1988). records and the process the Peace Corps for records. In addition, revisions are will use to edit or delete protected proposed to incorporate procedures for Section 303.3 Policy information. Office of Inspector General (OIG) This new section sets out the policy Paragraph (d) provides that reading records. Provisions are also added of the Peace Corps regarding its room records created by the Peace Corps describing the availability of Peace compliance with the FOIA. after November 1, 1996, and an index of Corps records in the Federal Register such records, will be made available and the agency’s electronic reading Section 303.4 Records Published in the Federal Register electronically. The Peace Corps is in the room. Finally, provisions are added that process of identifying such records and set out procedures for responding to a This new section describes the Peace converting them to electronic form. As subpoena. Corps’ process for complying with Sec. they are so identified and converted, DATES: Comments must be received by 552(a)(1) of FOIA, which requires each they will be made available August 1, 2003. agency to currently publish in the electronically in the public reading Federal Register for the guidance of the ADDRESSES: Comments should be room. public a range of basic information submitted to Tyler S. Posey, General Paragraph (e) provides that the Peace Counsel, Office of the General Counsel, regarding its structure and operations, including information on the agency’s Corps will made most of its electronic 8th Floor, 1111 20th Street, NW., public reading room records available Washington, DC 20526. organization, function, procedural and substantive rules, and general on its public Web site. FOR FURTHER INFORMATION CONTACT: statements of policy. The Peace Corps Section 303.6 Procedures for Use of Suzanne B. Glasow, Associate General complies with this requirement by Public Reading Room Counsel, 202–692–2150. annually publishing such information in SUPPLEMENTARY INFORMATION: the United States Government Manual, This section describes the process by Background. This rule proposes to a special publication of the Federal which a member of the public may substantially revise the Peace Corps’ Register. inspect and copy public reading room FOIA regulation to implement the 1996 records. Persons interested in using the amendments to the FOIA regarding Section 303.5 Public Reading Room public reading room shall make electronic records, time limits. and This is a new section which sets out arrangements with the FOIA Office standards for processing requests for the process by which the Peace Corps ahead of time to facilitate their access to records. See ‘‘Electronic Freedom of implements Section 552(a)(2) of the the requested information.
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Section 303.7 Index of Records Section 303.10 Responsibilities and Peace Corps. These standards, in The FOIA requires the Peace Corps to Authorities essence, identify several widely maintain and make available an index of This section identifies the officials acknowledged areas of privilege that are reading room records. This section within the Peace corps authorized to most relevant to Peace Corps. They are clarifies that the index the Peace Corps grant or deny requests for records and intended to be compatible with the maintains will be made available in the to decide appeals. It also establishes a exemptions from mandatory disclosure public reading room and on Peace process for dealing with law provided by the Freedom of Information Corps’ Web site. enforcement and classified information Act, the Privacy Act, and other relevant and records received by the Peace Corps guidelines. Section 303.8 Requests for Records from other agencies. The OIG has independent subpoena authority under the IG Act of 1978, as The category of FOIA records that is Section 303.11 Denials most familiar to the public are records amended. The OIG will follow these required to be made available by the This section describes what procedures and they will be Peace Corps upon request by a person, constitutes a denial of records and the implemented by appropriate OIG staff. unless they are exempt from mandatory process for denying a request for Executive Order 12866 disclosure under any of the FOIA records. This regulation has been determined exemptions. Such records generally Section 303.12 Appeals to be non-significant within the include information created, obtained This section describes the process by meaning of Executive Order 12866. and/or used by the Peace Corps in the which a person may appeal a denial. performance of its statutory mission. Regulatory Flexibility Act Appeals of denials made by the OIG are This category of records does not forwarded by the FOLIA Officer to the The Peace Corps Director, in include public reading room records or OIG for processing. accordance with the Regulatory records published in the Federal Flexibility Act, (5 U.S.C. 605), has Register. Section 303.13 Fees reviewed this regulation and by This section sets out the process by This section describes the authority of approving it certifies that this regulation which the Peace Corps makes such the Peace Corps to charge or waive fees will not have a significant economic records available. For example, it sets for its costs in responding to FOIA impact on a substantial number of small out the time limits imposed by the requests. It includes the standards entities. Under the Freedom of FOIA, establishes standards and a established under FOIA for determining Information Act, agencies may recover process for providing expedited whether a requester qualifies for a fee- only the direct costs of searching for, treatment for requests and includes waiver and sets out a schedule of fees reviewing, and duplicating the records provisions on OIG records, in applicable to the various types of processed for requesters. Thus, fees recognition of the establishment of an requesters. It also provides the Peace assessed by the Peace corps are OIG at the Peace Corps. It also clarifies Corps with discretion to charge interest nominal. Further, the ‘‘small entities’’ that the Peace Corps is not required to to requesters who fail to pay their fees that make FOIA requests, as compared create a document or perform research and to requesters is attempting to break with individual requesters and other to satisfy a request. a request into a series of requests for the requesters, are relatively few in number. Section 303.9 Exemptions for purpose of evading the assessment of fees. Unfunded Mandates Reform Act of Withholding Records 1995 Section 303.14 Procedures for This section delineates in paragraph This rule will not result in the Responding to a Subpoena (a) the exemptions that protect certain expenditure by State, local, and tribal records from mandatory disclosure. All This section sets forth the procedures governments, in the aggregate, or by the of the exemptions in this section are to be followed when a subpoena, order private sector, of $100,000,000 or more based on the FOIA, although not all or other demand is issued in a in any one year, and it will not FOIA exemptions are included in this proceeding in which the Peace Corps is significantly or uniquely affect small rule, because certain exemptions are not not a party. Paragraph (a) of this section governments. Therefore, no actions were currently and are unlikely to be details the types of demands subject to deemed necessary under the provisions applicable to the Peace Corps. Paragraph these procedures. Paragraph (b) of this of the Unfunded Mandates Reform Act (b) explains the process by which the section explains that employees are not of 1995. Peace Corps will redact protected to disclose information without information from information that must approval of the Office of General List of Subjects in 22 CFR Part 303 be made available to the requester. Counsel, and it is the General Counsel Freedom of information. Under the 1996 amendments to the or designee, together with consultation For reasons set out in the preamble, FOIA, the Peace Corps must indicate the from other Agency officials, including the Peace Corps proposes to revise part amount and location of redacted the Agency’s FOIA Officer, who makes 303 as follows: material, if technically feasible, unless all determinations with respect to such action would harm the interest demands discussed herein. Paragraph PART 303—PROCEDURES FOR protected by the applicable exemption. (c)(1) identifies generally two of the DISCLOSURE OF INFORMATION This section also includes provisions factors that should be considered in UNDER THE FREEDOM OF that implement Executive Order 12,600, deciding whether to make disclosures. INFORMATION ACT which requires each agency to notify a These are, however, only a couple of the person who has submitted records considerations, as the factors relevant to Sec. 303.1 Purpose. containing confidential business a particular demand may vary widely 303.2 Definitions. information to the Peace Corps when with the nature of the demand. 303.3 Policy. the agency receives a request for such Paragraph (c)(2) specifically identifies 303.4 Records published in the Federal records, and to provide the submitter an certain circumstances in which Register. opportunity to object to disclosure. disclosure will not be made by the 303.5 Public reading room.
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303.6 Procedures for use of public reading investigative functions and/or any other means and will be conducted in the room. purpose authorized under the IG Act of most efficient and least expensive 303.7 Index of records. 1978, as amended. manner. If the Agency cannot identify 303.8 Requests for records. (f) Records means books, papers, the requested records after a 2 hour 303.9 Exemptions for withholding records. maps, photographs, or other 303.10 Responsibilities and authorities. search, it can determine that the records 303.11 Denials. documentary materials, regardless of were not adequately described and ask 303.12 Appeals. whether the format is physical or the requester to provide a more specific 303.13 Fees. electronic, made or received by the request. 303.14 Procedures for responding to a Peace Corps in connection with the subpoena. transaction of Peace Corps’ business and § 303.3 Policy. Authority: 5 U.S.C. 552; 22 U.S.C. 2501, et. preserved by the Peace Corps as The Peace Corps will make its records seq.; E.O. 12137; E.O. 12600. evidence of the organization, functions, concerning its operations, activities, and policies, decisions, procedures, business available to the public § 303.1 Purpose. operations, or other activities of the consistent with the requirements of the This part sets out the rules and Peace Corps, or because of the FOIA. Records exempt from disclosure procedures the Peace Corps follows in informational value of data in them. The under the FOIA may be made available making records available to the public term does not include, inter alia, books, at the discretion of the Peace Corps. under the Freedom of Information Act magazines, or other materials acquired solely for library purpose, or that are § 303.4 Records published in the Federal (FOIA). Register. otherwise publicly available. § 303.2 Definitions. (g) Representative of the news media The Peace Corps publishes its notices As used in this part— means any person actively gathering and substantive regulations in the (a) Commercial use request means a news for an entity that is organized and Federal Register. It also publishes request from or on behalf of one who operated to publish or broadcast news to information on its basic structure and seeks information for a use or purpose the public. The term ‘‘news’’ means operations necessary to inform the that furthers the commercial, trade, or information that is about current events public how to deal effectively with the profit interests of the requester or the or that would be of current interest to Peace Corps in the United Statement person on whose behalf the request is the public. Examples of news media Government Manual, a special made. In determining whether a entities include television or radio publication of the Federal Register. The requester has made a commercial use stations broadcasting to the public at Peace Corps will make reasonable request, the Peace Corps will look to the large and publishers of periodicals (but efforts to currently update such use to which a requester will put the only in those instances when they can information, which includes documents requested. When the Peace qualify as disseminators of ‘‘news’’) who information on Peace Corps’ location Corps has reasonable cause to doubt the make their products available for and functions, and how the public may requester’s stated use of the records purchase or subscription by the general obtain information of forms, or make sought, or where the use is not clear public. These examples are not intended submittals or requests. The Peace Corps’ from the request itself, it will seek to be all-inclusive. Moreover, as published regulations are at 22 CFR additional clarification before assigning traditional methods of news delivery parts 301 et seq. the request to a category. evolve (e.g., electronic dissemination of (b) Duplication means the process of newspapers through § 305.5 Public reading room. making a copy of a record requested telecommunications services), such (a) The Peace Corps will maintain a pursuant to this part. Such copies can alternative media would be included in public reading room at its headquarters take the form of paper copy, microform, this category. In the case of ‘‘freelance’’ at 1111 20th Street, NW., Washington, audio-visual materials, or machine journalists, they will be regarded as DC 20526. This room will be supervised readable electronic documents, among working for a news organization if they and will be open to the public during others. can demonstrate a solid basis for Peace Corps’ regular business hours for (c) Educational institution means a expecting publication through that inspecting and copying records preschool, a public or private organization, even though not actually described in paragraph (b) of this elementary or secondary school, an employed by it. section. institution of undergraduate or graduate (h) Review means the process of (b) Subject to the limitation stated in higher education, or an institution of examining a document located in paragraph (c) of this section, the professional or vocational education response to a request to determine following records will be made available which operates a program or programs whether any portion of such document in the public reading room: of scholarly research. is exempt from disclosure. It also (1) All final public opinions, (d) Non-commercial scientific includes processing any such document including concurring and dissenting institution means an institution that is for disclosure. Review does not include opinions; and orders issued in the not operated on a ‘‘commercial’’ basis time spent resolving general legal or adjudication of cases that involve the and which is operated solely for the policy issues regarding the application Peace Corps; purpose of conducting scientific of exemptions. (2) Statements of policy and research, the results of which are not (i) Search means the process of interpretations adopted by the Peace intended to promote any particular looking for and retrieving records that Corps that are not published in the product or industry. are responsive to a request for records. Federal Register. (e) OIG records means those records It includes page-by-page or line-by-line (3) Administrative staff manuals and as defined generally in this section identification of material within instructions to the staff that affect the which originated with or are in the documents and also includes reasonable public; possession and control of the Office of efforts to locate and retrieve information (4) Copies of records, regardless of Inspector General (OIG) of the Peace from records maintained in electronic form or format, released to any person Corps which have been compiled for form or format. Searches may be in response to a public request for law enforcement, audit, and conducted manually or by automated records which the Peace Corps
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determines are likely to become subject records sought available on the date request in a manner that will meet the to subsequent requests for substantially requested. needs of the requester and the the same records, and a general index of requirements of this paragraph. If the such records; § 303.7 Index of records. Agency cannot identify the requested (5) The index required by § 303.7 and The Peace Corps will maintain a records after a 2 hour search, it can current index identifying any matter (6) Other records the Peace Corps has determine that the records were not within the scope of § 303.4 or determined are of general interest to adequately described and ask the § 303.5(b)(1) through (5). The index will members of the public in understanding requester to provide a more specific be maintained and made available for activities of the Peace Corps or in request. public inspection and copying at the dealing with the Peace Corps in (d) To facilitate the location of records Peace Corps’ headquarters in connection with those activities. by the Peace Corps, a requester should Washington, DC. The cost of a copy of try to provide the following kinds of (c) Certain records otherwise required the index will not exceed the standard by FOIA to be available in the public information, if known: charge for duplication set out in (1) The specific event or action to reading room may be exempt from § 303.13(e). The Peace Corps will also mandatory disclosure pursuant to Sec. which the records refers; make the index available on its Public (2) The unit or program of the Peace 552(b) of the FOIA. Such records will Web site. Corps which may be responsible for or not be made available in the public may have produced the record; reading room. Other records maintained § 303.8 Request for records. (3) The date of the record or the date in the public reading room may be (a) Except for records required by the or period to which it refers or relates; edited by the deletion of identifying FOIA to be published in the Federal (4) The type of record, such as an details concerning individuals to Register or to be made available in the application, particular form, a contract, prevent a clearly unwarranted invasion public reading room, Peace Corps or a report; of personal privacy. In such cases, the records will be made promptly (5) Personnel of the Peace Corps who record shall have attached to it an available, upon request, to any person in may have prepared or have knowledge explanation of the deletion. The extent accordance with this section, unless it is of the record; of of the deletion shall be indicated, unless determined that such records should be (6) Citations to newspapers or doing so would harm an interest withheld and are exempt from publications which have referred to the protected by the exemption under mandatory disclosure under the FOIA. record. which the deletion is made. If (b) Request. Requests for records (e) The Peace Corps is not required to technically feasible, the extent of the under this section shall be made in create a record or to perform research to deletion shall be indicated at the place writing, shall include the signature of satisfy a request. in the record where the deletion was the requester, and the envelope and the (f) Any request for a waiver or made. letter shall be clearly marked ‘‘Freedom reduction of fees should be included in (d) Electronic reading room. Records of Information Request.’’ No e-mail the FOIA request, and any such request required by the FOIA to be maintained requests will be accepted. All such should indicate the grounds for a waiver and made available in the public requests shall be addressed to the FOIA or reduction of fees, as set out in reading room created by the Peace Corps Officer. Request by letter shall use the § 303.13(f). The Peace Corps shall on or after November 1, 1996, shall be address given in § 303.5(a). Any request respond to such request as promptly as made electronically. not marked and addressed as specified possible. (e) Most electronic public reading in this paragraph will be so marked by (g) Format. The Peace Corps will room records will also be made avaiable Peace Corps personnel as soon as it is provide records in the form or format to the public on the Peace Corps Web properly identified, and will be indicated by the requester to the extent site at http://www.peacecorps.gov. forwarded immediately to the FOIA such records are readily reproducible in Officer. A request improperly addressed the requested form or format. § 303.6 Procedures for use of public will not be deemed to have been (h) Initial response/delays. (1) The reading room. received for purposes of the time period FOIA Officer, upon request for any Any member of the public may set out in paragraph (i) of this section records made in accordance with this inspect or copy records described in until it has been received by the FOIA section, except in the case of a request § 303.5(b) in the public reading room Officer. Upon receipt of an improperly for OIG records, shall make an initial during regular business hours. Because addressed request, the FOIA Officer determination of whether to comply it will sometimes be impossible to shall notify the requester of the date on with or deny such request and dispatch produce records or copies of records on which the time period began. The such determination to the requester short notice, a person who wishes to request shall be stamped ‘‘received’’ on within 20 business days after receipt of inspect or copy records shall arrange a the date it is received by the FOIA such request, except for unusual time in advance, by telephone or letter Office. circumstances, in which case the time request made to the Peace Corps FOIA (c) A request must reasonably limit may be extended for up to 10 Officer. Persons submitting requests by describe the records requested so that business days by written notice to the telephone will be notified whether a employees of the Peace Corps who are requester setting forth the reasons for written request would be advisable to familiar with the subject area of the such extension and the date on which aid in the identification and expeditious request are able, with a reasonable a determination is expected to be processing of the records sought. amount of effort, to determine which dispatched. Written requests should identify the particular records are within the scope (2) If the FOIA Officer determines that records sought in the manner described of the request. If it is determined that a a request or portion thereof is for OIG in § 303.8(b) and should request a request does not reasonably describe the records, the FOIA Officer shall promptly specific date for inspecting the records. records sought, the requester shall be so refer the request or portion thereof to The requester will be advised as informed and provided an opportunity the OIG and send notice of such referral promptly as possible if, for any reason, to confer with Peace Corps personnel in to the requester. In such case, the OIG it may not be possible to make the order to attempt to reformulate the FOIA Officer shall make an initial
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determination of whether to comply forego an appeal until a determination § 303.9 Exemptions for withholding with or deny such request and dispatch is made. records. such determination to the requester (1) After it has been determined that (a) The Peace Corps may withhold a within 20 business days after receipt of a request will be granted, the requested record from public disclosure such request, except for unusual responsible official will act with due only if the record fits within one or circumstances, in which case the time diligence in providing a prompt more of the following FOIA exemptions: (1) Matter specifically authorized limit may be extended for up to 10 response. business days by written notice to the under criteria established by an requester setting forth the reasons for (m) Expedited treatment. (1) Requests Executive Order to be kept secret in the such extension and the date on which and appeals will be taken out of order interest of national defense or foreign a determination is expected to be and given expedited treatment policy and is in fact properly classified dispatched. If for any reason, a request whenever the requester demonstrates a pursuant to such Executive Order; for Agency information goes directly to compelling need. A compelling need (2) Matter which is related solely to the OIG rather than through the FOIA means: the internal personnel rules and Officer, the OIG shall provide notice to (i) Circumstances in which the lack of practices of the Peace Corps; the FOIA Officer of its receipt of the expedited treatment could reasonably be (3) Matter which is specifically request. The FOIA Office and the OIG expected to pose an imminent threat to exempted from disclosure by statute should normally consult with each the life or physical safety of an (other than exemptions under FOIA at 5 other whenever they receive requests for individual; U.S.C. 552(b)), provided that such the same or similar records. statute requires that the matter be (ii) An urgency to inform the public (3) Unusual circumstances. As used withheld from the public in such a about an actual or alleged Peace Corps in this part, ‘‘unusual circumstances’’ manner as to leave no discretion on the or Federal government activity and the are limited to the following, but only to issue, or establishes particular criteria request is made by a person primarily the extent reasonably necessary for the for withholding, or refers to particular engaged in disseminating information; proper processing of the particular types of matters to be withheld; request: (iii) The loss of substantial due (4) Trade secrets and commercial or (i) The need to search for and collect process rights; or financial information obtained from a the requested records from components (iv) A matter of widespread and person and privileged or confidential; or locations that are separate from the exceptional media interest in which (5) Inter-agency or intra-agency office processing the request; there exist possible questions about the memoranda or letters which would not (ii) The need to search for, collect, Peace Corps’ or the Federal be available by law to a party other than and appropriately examine a government’s integrity which affect the agency in litigation with the Peace voluminous amount of separate and public confidence. Corps; distinct records which are demanded in (6) Personnel and medical files and a single request; or (2) A request for expedited processing similar files, the disclosure of which (iii) The need for consultation, which may be made at the time of the initial would constitute a clearly unwarranted shall be conducted with all practicable request for records or at any later time. invasion of personal privacy; speed, with another agency or For a prompt determination, a request (7) Records or information compiled organization having a substantial for expedited processing must be for law enforcement purposes including interest in the determination of the properly addressed and marked and enforcing the Peace Corps Act or any request or among two or more received by the Peace Corps pursuant to other law, but only to the extent that the components of the Peace Corps having paragraph (b) of this section. production of such law enforcement a substantial subject matter interest (3) A requester who seeks expedited records or information: therein. processing must submit a statement (i) Could reasonably be expected to (j) If a request is particularly broad or demonstrating a compelling need that is interfere with enforement proceedings; complex so that it cannot be completed certified by the requester to be true and (ii) Would deprive a person or a within the time periods stated in correct to the best of that person’s recipient of a right to a fair trial or an paragraph (h) of this section, the Peace knowledge and belief, explaining in impartial adjudication; Corps may ask the requester to narrow detail the basis for requesting expedited (iii) Could reasonably be expected to the request or agree to an additional processing. constitute an unwarranted invasion of delay. personal privacy; (k) When no determination can be (4) Within ten business days of its (iv) Could reasonably be expected to dispatched within the applicable time receipt of a request for expedited disclose the identity of a confidential limit, the FOIA Officer or the OIG FOIA processing, the FOIA Officer or the OIG source, including a State, local, or Officer shall inform the requester of the FOIA Officer shall decide whether to foreign agency or authority or any reason for the delay, the date on which grant the request and shall notify the private institution which furnished a determination may be expected to be requester of the decision. If a request for information on a confidential basis; and, dispatched, and the requester’s right to expedited treatment is granted, the in the case of a record or information treat the delay as a denial and to appeal request shall be given priority and shall compiled by criminal law enforcement to the Associate Director for the Office be processed as soon as practicable. If a authority in the course of a criminal of Management or the Inspector General, request for expedited processing is investigation, information furnished by in accordance with § 303.12. If no denied, any appeal of that decision shall a confidential source; determination has been dispatched by be acted on expeditiously by the Peace (v) Would disclose techniques and the end of the 20-day period, or the last Corps. procedures for law enforcement extension thereof, the requester may (5) Appeals shall be made to the investigations or prosecutions, or would deem the request denied, and exercise a Associate Director for the Office of disclose guidelines for law enforcement right of appeal in accordance with Management, who shall respond within investigations or prosecutions if such § 303.12. The FOIA Officer or the OIG 10 business days of receipt of the disclosure could reasonably be expected FOIA Officer may ask the requester to appeal. to risk circumvention of the law; or
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(vi) Could reasonably be expected to the submitter, it shall also notify the whether the other agency is better endanger the life or physical safety of requester that notice and an opportunity qualified to decide whether the record any individual. to comment are being provided to the is exempt from disclosure and, if so, (b) In the event that one or more of the submitter. whether it should be disclosed as a above exemptions in paragraph (a) of (4) A submitter’s request for matter of discretion. If the Peace Corps this section apply, any reasonable protection for information under determines it is better qualified to segregable portion of a record shall be paragraph (a)(4) of this section shall: process the record in response to the provided to the requester after deletion (i) Specifically identify the exact request, then it shall do so. If the Peace of the portions that are exempt. The material claimed to be confidential Corps determines it is not better amount of information deleted shall be proprietary information; qualified to process the request, it shall indicated on the released portion of the (ii) State whether the information either: record, unless doing so would harm the identified has ever been released to a (i) Consult with the other agency interest protected by the exemption person who is not in a confidential before responding to the request; or relationship with the submitter; under which the deletion is made. If (ii) Refer the responsibility for (iii) State the basis for the submitter’s technically feasible, the amount of responding to the request for the record belief that the information is not information deleted shall be indicated at to the other agency (but only if the commonly known or readily the place in the record where the agency is subject to FOIA). Ordinarily, ascertainable by outside persons; and deletion is made. At the discretion of the agency that originated a record will the Peace Corps officials authorized to (iv) State how release of the information would cause harm to the be presumed to be best able to grant or deny a request for records, it determine whether to disclose it. may be possible to provide a requester submitter’s competitive position. (2) Law enforcement and classified with: (5) The Peace Corps shall consider the (1) A summary of information in the submitter’s objections and specific information. Notwithstanding paragraph exempt portion of a record; or grounds for non-disclosure when (c)(1) of this section: (2) An oral description of the exempt deciding whether to disclose the (i) Whenever the Peace Corps receives portion of a record. information. If the Peace Corps decides a request for a record containing (c) No requester shall have a right to to disclose the information, it shall, to information that relates to an insist that any or all of the techniques the extent permitted by law, provide the investigation of a possible violation of in paragraph (b) of this section should submitter at least ten business days law that was originated by another be employed in order to satisfy a notice of its decision before the agency, the Peace Corps will either request. information is disclosed and a statement consult with the other agency before (d) Records that may be exempt from of its reasons for not sustaining the responding or refer the responsibility for disclosure pursuant to paragraph (a) of objection to disclosure. Whenever the responding to the request to the other this section may be made available at Peace Corps notifies the submitter of its agency; and the discretion of the Peace Corps. final decision, it shall also notify the (ii) Whenever a request is made for a (e) Proprietary information. (1) It is requester. record containing information that has the policy of the Peace Corps to (6) Whenever a FOIA requester brings been classified by another agency or withhold proprietary information that suit seeking to compel disclosure of may be appropriate for classification falls within the protection of paragraph proprietary information, the Peace under Executive Order 12958 or any (a)(4) of this section. Proprietary Corps shall promptly notify the other executive order concerning the information includes trade secrets, or submitter. classification of records, the Peace commercial or financial information § 303.10 Responsibilities and authorities. Corps shall refer the responsibility for obtained from a person, the disclosure responding to the request regarding that of which could reasonably be expected (a) Legal counsel. The General information to the agency that classified to cause substantial competitive harm. Counsel shall furnish legal advice to the information, should consider the (2) It is also the policy of the Peace Peace Corps officials and staff as to their information for classification, or has the Corps to give submitters of arguably obligations under this part and shall primary interest in the information, as proprietary information an adequate take such other actions as may be appropriate. opportunity to provide information to necessary or appropriate to assure a consistent and equitable application of (3) Notice of referral. Whenever the the Peace Corps to establish that the Peace Corps refers all or any part of the information constitutes protected the provisions of this part by and within the Peace Corps. responsibility for responding to a proprietary information. request to another agency, it ordinarily (3) A person submitting arguably (b) Authority to grant or deny shall notify the requester of the referral proprietary information to the Peace requests. The FOIA Officer is authorized and inform the requester of the name of Corps will be notified in writing by the to grant or deny requests for records, the agency to which the request has Peace Corps if there is a FOIA request except for OIG records, under this part. been referred and the part of the request for the information, unless: The OIG FOIA Officer is authorized to (i) The Peace Corps has already grant or deny requests for OIG records that has been referred. decided that the information should be under this part. The FOIA Officer and (4) Effect of consultations and withheld; the OIG FOIA Officer shall consult with referrals on timing of response. All (ii) The information has been lawfully each other when a request includes both consultations and referrals will be published or has been officially made Peace Corps and OIG records in order to handled according to the date the FOIA available to the public; or ensure consistency and lack of request was initially received by the (iii) Disclosure of the information is duplication in processing the request. Peace Corps. required by law. The notice shall afford (c)(1) Records received from other (5) Agreements with other agencies. the submitted at least ten business days agencies. When the Peace Corps The Peace Corps may make agreements in which to object to the disclosure of receives a request for a record in its with other agencies to eliminate the any requested information. Whenever possession that it has received from need for consultations or referrals for the Peace Corps provides such notice to another agency, it shall determine particular types of records.
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§ 303.11 Denials. additional period is justified pursuant to activities of the Federal government, the (a) A denial of a written request for a § 303.8(i) and such period taken Peace Corps shall consider the following record that complies with the together with any earlier extension does four criteria: requirements of § 303.8 shall be in not exceed 10 business days. The (i) The subject of the request: Whether writing and shall include, as applicable: decision by the Associate Director for the subject of the requested records (1) A reference to the applicable the Office of Management or the concerns the operations or activities of exemption or exemptions in § 303.9(a) Inspector General shall constitute the the Peace Corps or Federal government; upon which the denial is based; final action of the Peace Corps. All such (ii) The informative value of the (2) An explanation of how the decisions shall be treated as final information to be disclosed: Whether exemption applies to the requested opinions under § 303.5(b). the disclosure is ‘‘likely to contribute’’ records; to an understanding of Peace Corps or (3) A statement explaining why it is § 303.13 Fees. Federal government operations or deemed unreasonable to provide (a) For information routinely provided activities; segregable portions of the record after by the Peace Corps to the public in the (iii) The contribution to an deleting the exempt portions; normal course of doing business, such understanding of the subject by the (4) An estimate of the volume of as informational or recruiting brochures, general public likely to result from requested matter denied unless no fees will be charged. disclosure: Whether disclosure of the providing such estimate would harm the (b) For each a commercial use request, requested information will contribute to interest protected by the exemption fees will be limited to reasonable ‘‘public understanding;’’ and under which the denial is made, if other standard charges for document search, (iv) The significance of the than the FOIA Officer; review, and duplication. contribution to public understanding: (5) The name and title of the person (c) For each request for records sought Whether the disclosure is likely to or persons responsible for denying the by a representative of the news media or contribute ‘‘significantly’’ to public request, if other than the FOIA Officer; by an educational or non-commercial understanding of Peace Corps or Federal and scientific institution, fees shall be government operations or activities. (6) an explanation of the right to limited to reasonable standard charges (2) In order to determine whether appeal the denial and the procedures for for document duplication after the first disclosure of the information is not submitting an appeal, including the 100 pages. primarily in the commercial interest of address of the official to whom appeals (d) For all other requests, fees shall be the requester, the Peace Corps shall should be submitted. limited to reasonable standard charges consider the following two factors: (b) A partial deletion of a record made for search time after the first 2 hours (i) The existence and magnitude of a available to a requester shall be deemed and duplication after the first 100 pages. commercial interest: Whether the a denial of a record for purposes of (e) The schedule of reasonable requester has a commercial interest that paragraph (a) of this section. All denials standard charges for services regarding would be furthered by the requested shall be treated as final opinions under the production or disclosure of the disclosure; and if so, § 303.5(b). Peace Corps records is as follows: (ii) The primary interest in disclosure: (1) Manual search and review of Whether the magnitude of the identified § 303.12 Appeals. records: Salary rate of employee[s] commercial interest of the requester is (a) Any person whose written request performing the search and review plus sufficiently large, in comparison with has been denied is entitled to appeal the 16%. Charges for search and review the public interest in disclosure, that denial within 20 business days by time less than a full hour will be billed disclosure is ‘‘primarily in the writing to the Associate Director of the by quarter-hour segments; commercial interest of the requester.’’ Office of Management or, in the case of (2) Computer time: Actual costs as (3) These fee waiver/reduction a denial of a request for OIG Records, incurred; provisions will be subject to appeal in the Inspector General, at the address (3) Duplication by paper copy: 10 the same manner as appeals from denial given in § 303.5(a). The envelope and cents per page; under § 303.12 letter should be clearly marked (4) Duplication by other methods: (g) No fee will be charged under this ‘‘Freedom of Information Act Appeal.’’ Actual costs as incurred; section unless the cost of routine An appeal need not be in any particular (5) Certification of true copies: $1.00 collection and processing of the fee form, but should adequately identify the each; payment is likely to exceed the average denial, if possible, by describing the (6) Packing and mailing records: cost of processing a payment. requested record, identifying the official Actual costs as incurred; and (h) Requesters must agree to pay all who issued the denial, and providing (7) Special delivery or express mail: fees charged for services associated with the date on which the denial was Actual charges as incurred. their requests. The Peace Corps will issued. (f) Fee waivers. Fees will be waived or assume that requesters agree to pay all (b) The decision of the Associate reduced below the fees established charges for services associated with Director for the Office of Management or under paragraph (e) of this section if their requests up to $25 unless the Inspector General on an appeal shall disclosure of the information is in the otherwise indicated by the requester. be in writing and, in the event the public interest because it is likely to (i) No requester will be required to denial is in whole or in part upheld, contribute significantly to public make an advance payment of any fee shall contain an explanation responsive understanding of the operations or unless: to the arguments advanced by the activities of the Peace Corps or Federal (1) The requester has previously failed requester, the matters described in government and is not primarily in the to pay a required fee to another federal § 303.11(a)(1) through (4), and the commercial interest of the requester. agency or to Peace Corps within 30 days provisions for judicial review of such (1) In order to determine whether of the date of billing, in which case an decision under section 552(a)(4) of the disclosure of the information is in the advance deposit of the full amount of FOIA. The decision shall be dispatched public interest because it is likely to the anticipated fee together with the fee to the requester within 20 business days contribute significantly to public then due plus interest accrued may be after receipt of the appeal, unless an understanding of the operations or required. (The request will not be
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deemed to have been received by the (ii) The production or disclosure of described in § 303.14(a) he shall peace Corps until such payment is any information relating to material immediately notify and provide a copy made.); or contained in the files of the Agency; of the demand to the General Counsel or (2) The Peace Corps determines that (iii) The production or disclosure of designee. The General counsel, or an estimated fee will exceed $250, in any information or material acquired by designee, shall be furnished by the party which case the requester shall be any person while such person was an causing the demand to be issued or notified of the amount of the anticipated employee of the Agency as a part of the served a written summary of the fee or such portion thereof as can performance of his official duties or information sought, its relevance to the readily be estimated. Such notification because of his official status, or proceeding in connection with which it shall be transmitted as soon as possible, (iv) The production of an employee of was served and why the information but in any event within 5 business days the Agency for the deposition or an sought is unavailable by any other of receipt of the request by the Peace appearance as a witness in a legal action means or from any other sources. Corps. The notification shall offer the or proceeding. (3) The General Counsel, or designee, requester the opportunity to confer with (2) For purposes of this part, the term in consultation with appropriate Agency appropriate representatives of the Peace ‘‘employee of the Agency’’ includes all officials, including the Agency’s FOIA Corps for the purpose of reformulating officers and employees of the Agency Officer, or designee, and in light of the the request so as to meet the needs of appointed by, or subject to the considerations listed in § 303.14(d), will the requester at a reduced cost. The supervision, jurisdiction or control of, determine whether the person on whom request will not be deemed to have been the Director of the Agency, including the demand was served should respond received by the Peace Corps for personal services contractors. Also for to the demand was served should purposes of the initial 20-day response purposes of this part, records of the respond to the demand. period until the requester makes a Agency do not include records of the (4) To the extent he deems it deposit on the fee in an amount Office of Inspector General. necessary or appropriate, the General (3) This part is intended to provide determined by the Peace Corps. Counsel or designee, may also require instructions regarding the internal (j) Interest may be charged to those from the party causing such demand to operations of the Agency, and is not requesters who fail to pay the fees be issued or served a plan of all intended, and does not and may not be charged. Interest will be assessed on the reasonably foreseeable demands, relied upon, to create any right or amount billed, starting on the 31st day including but not limited to names of all benefit, substantive or procedural, following the day on which the billing employees and former employees from enforceable at law by a party against the was sent. The rate charged will be as whom discovery will be sought, areas of Agency. prescribed in 31 U.S.C. 3717. inquiry, length of time of proceedings (4) This part applies to: (k) The Agency is not required to (i) State and local court, requiring oral testimony and process a request for a requester who administrative and legislative identification of documents to be used has not paid FOIA fees owed to another proceedings; and or whose production is sought. Federal agency. (ii) Federal court and administrative (c) Consideration in determining (l) If the Peace Corps reasonably proceedings; whether production or disclosure should believes that a requester or group of (5) This part does not apply to: be made pursuant to a demand. (1) In requesters is attempting to break a (i) Congressional requests or deciding whether to make disclosures request into a series of requests for the subpoenas for testimony or documents; pursuant to a demand, the General purpose of evading the assessment of (ii) Employees or former employees Counsel or designee, may consider, fees, the Peace Corps shall aggregate making appearances solely in their among things: such requests and charge accordingly. private capacity in legal or (i) Whether such disclosure is Likewise, the Peace Corps will aggregate administrative proceedings that do not appropriate under the rules of multiple requests for documents relate to the Agency (such as cases procedure governing the case or matter received from the same requester within arising out of traffic accidents or in which the demand arose; and 45 business days. domestic relations); Any question (ii) Whether disclosure is appropriate (m) The Peace Corps reserves the right whether the appearance relates solely to under the relevant substantive law to limit the number of copies of any the employee’s or former employee’s concerning privilege. document that will provided to any one private capacity should be referred to (2) Among the demands in response requester or to require that special the Office of General Counsel. to which disclosure will not be made arrangements for duplication be made in (6) Nothing in this part otherwise are those demands with respect to the case of bound volumes or other permits disclosure of information by the which any of the following factors exist: records representing unusual problems Agency except as is provided by statue (i) Disclosure would violate a statute of handling or reproduction. or other applicable law. or a rule of procedure; (b) Procedure in the event of a (ii) Disclosure would violate the § 303.14 Procedures for responding to a demand for production or disclosure. (1) privacy rights of an individual; subpoena. No employee or former employee of the (a) Purpose and scope. (1) This part Agency shall, in response to a demand (iii) Disclosure would violate a sets forth the procedures to be followed of a court or other authority set forth in specific regulation; in proceedings in which the Peace § 303.14(a) produce any material, (iv) Disclosure would reveal classified Corps is not a party, whenever a disclose any information or appear in information, unless appropriately subpoena, order or other demand any proceeding, described in § 303.14(a) declassified by the originating agency; (collectively referred to as a ‘‘demand’’) without the approval of the General (v) Disclosure would reveal trade of a court or other authority is issued Counsel or designee. secrets or proprietary information for: (2) Whenever an employee or former without the owner’s consent; (i) The production or disclosure of employee of the Peace Corps receives a (vi) Disclosure would otherwise any material contained in the files of the demand for the production of material adversely affect the interests of the Agency; or the disclosure of information United States or the Peace Corps; or
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(vii) Disclosure would impair an other disposition of a nonstatutory stock List of Subjects in 26 CFR Part 1 ongoing Inspector General or option to a related person will not be Income taxes, Reporting and Department of Justice investigation. treated as a transaction that closes the recordkeeping requirements. Dated: June 25, 2003. application of section 83 with respect to the option. The text of the temporary Adoption of Amendments to the Tyler S. Posey, Regulations General Counsel. regulations also serves as the text of Accordingly, 26 CFR part 1 is [FR Doc. 03–16523 Filed 7–1–03; 8:45 am] these proposed regulations. The preamble to the temporary regulations proposed to be amended as follows: BILLING CODE 6015–01–M explains the temporary regulations and these proposed regulations. PART 1—INCOME TAXES 1. The authority citation for part 1 DEPARTMENT OF THE TREASURY Special Analyses continues to read as follows: Internal Revenue Service It has been determined that these Authority: 26 U.S.C. 7805 * * * temporary regulations are not a 26 CFR Part 1 significant regulatory action as defined § 1.83–7 [Amended] 2. Section 1.83–7 is amended as [REG–116914–03] in Executive order 12866. Therefore, a regulatory assessment is not required. It follows: RIN 1545–BC06 also has been determined that section 1. Paragraph (a) is amended by adding a sentence at the end. 533(b) of the Administrative Procedures Transfers of Compensatory Options 2. Paragraphs (a)(1) and (a)(2) are Act (5 U.S.C. chapter 5) does not apply added. AGENCY: Internal Revenue Service (IRS), to these regulations, and because these 3. Paragraph (d) is added. Treasury. regulations do not impose a collection The additions read as follows: ACTION: Notice of proposed rulemaking of information on small entities, the (a) [The text of proposed § 1.83–7(a) is by cross-reference to temporary Regulatory Flexibility Act (5 U.S.C. the same as the text of § 1.83–7T(a) regulations. chapter 6) does not apply. Pursuant to published elsewhere in this issue of the section 7805(f) of the Internal Revenue Federal Register]. SUMMARY: In the Rules and Regulations Code, these regulations are being * * * * * section of this issue of the Federal submitted to the Chief Counsel for (d) Effective dates. This section is Register, the IRS is issuing temporary Advocacy of the Small Business applicable to sales or other dispositions regulations relating to the sale or other Administration for comment on their of options on or after the publication of disposition of compensatory impact on small business. final regulations in the Federal Register. nonstatutory stock options to related For dates on or after July 2, 2003, see persons. The text of those regulations Comments and Requests for a Public § 1.83–7T(d). also serves as the text of these proposed Hearing regulations. Robert E. Wenzel, DATES: Written or electronic comments Before these proposed regulations are Deputy Commissioner of Internal Revenue. and requests for a public hearing must adopted as final regulations, [FR Doc. 03–16787 Filed 7–1–03; 8:45 am] be received by September 30, 2003. consideration will be given to any BILLING CODE 4830–01–P written comments (a signed original and ADDRESSES: Send submissions to: eight (8) copies) or electronic comments CC:PA:RU (REG–116914–03), room 5226, Internal Revenue Service, POB that are submitted timely to the IRS. The DEPARTMENT OF THE TREASURY IRS and Treasury Department request 7604, Ben Franklin Station, Washington, Internal Revenue Service DC, 20044. Submissions may be hand comments on the clarity of the proposed rules and how they can be made easier delivered Monday through Friday 26 CFR Part 301 between the hours of 8 a.m. and 4 p.m. to understand. The IRS and Treasury to: CC:PA:RU (REG–116914–03), Department specifically request [REG–139796–02] comments on the clarity and efficacy of Courier’s Desk, Internal Revenue RIN 1545–BB10 Service, 1111 Constitution Ave., NW., the proposed definition of a related Washington, DC. Alternatively, person. All comments will be available Section 704(b) and Capital Account taxpayers may submit electronic for public inspection and copying. A Revaluations comments directly to the IRS Internet public hearing may be scheduled if AGENCY: site at www.irs.gov/regs. requested by any person that timely Internal Revenue Service (IRS), Treasury. FOR FURTHER INFORMATION CONTACT: submits written comments. If a public ACTION: Notice of proposed rulemaking. Concerning the temporary regulations, hearing is scheduled, notice of the date, time, and place for the public hearing Stephen Tackney (202) 622–6030; SUMMARY: This document contains concerning submissions of comments will be published in the Federal proposed regulations relating to the and/or requests for a hearing, Guy Register. capital account maintenance rules Traynor, (202) 622–7180 (not toll-free Drafting Information under section 704 of the Internal numbers). Revenue Code. These regulations SUPPLEMENTARY INFORMATION: The principal author of these expand the rules regarding a proposed regulations is Stephen partnership’s right to adjust capital Background and Explanation of Tackney of the Office of Division accounts to reflect unrealized Provisions Counsel/Associate Chief Counsel (Tax appreciation and depreciation in the Temporary regulations in the Rules Exempt and Government Entities). value of partnership assets. and Regulations section of this issue of However, other personnel from the IRS DATES: Written or electronic comments the Federal Register amend 26 CFR part and Treasury Department participated and requests for a public hearing must 1. The regulations provide that a sale or in their development. be received by September 30, 2003.
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ADDRESSES: Send submissions to: the partnership to a retiring or concerning whether the regulations CC:PA:RU (REG–139796–02), room continuing partner as consideration for should adopt this standard or another 5226, Internal Revenue Service, POB an interest in the partnership. Also, a standard for revaluations. 7604, Ben Franklin Station, Washington, revaluation is permitted under generally 3. Other Future Guidance DC 20044. Submissions may be hand accepted industry accounting practices delivered Monday through Friday if substantially all of a partnership’s The IRS recently issued proposed between the hours of 8 a.m. and 5 p.m. property (excluding money) consists of regulations on the taxation of to: CC:PA:RU (REG–139796–02), stock, securities, commodities, options, noncompensatory partnership options Courier’s Desk, Internal Revenue warrants, futures, or similar instruments and is currently studying the taxation of Service, 1111 Constitution Avenue, that are readily tradable on an compensatory partnership options. This NW., Washington, DC. established securities market. notice of proposed rulemaking Alternatively, taxpayers may submit Commentators have suggested that concerning revaluations is not intended comments electronically via the Internet there are additional situations beyond to provide guidance regarding when a by submitting comments directly to the those described in § 1.704–1(b)(2)(iv)(f) partnership interest is considered to be IRS Internet site at www.irs.gov/regs. where revaluations are useful to granted. properly reflect a partnership’s FOR FURTHER INFORMATION CONTACT: Effective Date Craig Gerson at (202) 622–3050; economic arrangements. In particular, concerning submissions, the hearing, several commentators have noted that The regulations are proposed to apply and/or placement on the building access the section 704 regulations do not to the grant of an interest in a list to attend the hearing, Sonya Cruse, specifically permit a revaluation of partnership (other than a de minimis (202) 622–7180 (not toll-free numbers). partnership property in connection with interest) on or after the date final SUPPLEMENTARY INFORMATION: the admission of a service partner regulations are published in the Federal because the service partner does not Register as consideration for the Background contribute property. Those provision of services to or for the benefit Section 704(b) of the Internal Revenue commentators argue that a revaluation of the partnership by an existing partner Code provides that a partner’s upon the admission of a service partner acting in a partner capacity, or by a new distributive share of income, gain, loss, allows a partnership to allocate the partner acting in a partner capacity or in deduction, or credit is determined in existing partnership capital to the other anticipation of being a partner. partners. In this manner, the partnership accordance with the partner’s interest in Special Analysis the partnership if the partnership keeps its capital accounts consistent agreement does not provide as to the with an intent to provide the service It has been determined that this notice partner’s distributive shares of these partner with only a profits interest. See of proposed rulemaking is not a items, or the allocation to a partner of Rev. Proc. 93–27 (1993–2 C.B. 343) and significant regulatory action as defined these items under the agreement does Rev. Proc. 2001–43 (2001–2 C.B. 191). in Executive Order 12866. Therefore, a not have substantial economic effect. Explanation of Provisions regulatory assessment is not required. It Regulations under section 704 provide also has been determined that section extensive rules for determining whether 1. Revaluations of Property Under 553(b) of the Administrative Procedure allocations under an agreement have Section 704 on Provision of Services Act (5 U.S.C. chapter 5) does not apply substantial economic effect. One The proposed regulations expand the to these regulations, and because the requirement for finding substantial circumstances under which a regulations do not impose a collection economic effect is that the partnership partnership is specifically permitted to of information on small entities, the maintains partners’ capital accounts in increase or decrease the capital accounts Regulatory Flexibility Act (5 U.S.C. accordance with certain rules. of the partners to reflect a revaluation of chapter 6) does not apply. Pursuant to Compliance with these capital account partnership property on the section 7805(f) of the Internal Revenue maintenance rules, and other related partnership’s books. Specifically, the Code, this notice of proposed rules, provides taxpayers a safe harbor proposed regulations allow revaluations rulemaking will be submitted to the under which the IRS will respect a in connection with the grant of an Chief Counsel for Advocacy of the Small partnership agreement’s allocations. interest in the partnership (other than a Business Administration for comment Under the capital account de minimis interest) on or after the date on its impact on small businesses. maintenance rules of § 1.704–1(b)(2)(iv), final regulations are published in the Comments and Public Hearing partnership property is generally Federal Register as consideration for the reflected on the partnership’s books at provision of services to or for the benefit Before these proposed regulations are historic cost, rather than at fair market of the partnership by an existing partner adopted as final regulations, value. However, newly contributed acting in a partner capacity, or by a new consideration will be given to any property is reflected in the capital partner acting in a partner capacity or in written comments (a signed original and accounts of the partners at fair market anticipation of being a partner. eight (8) copies) that are timely value, rather than the contributing submitted to the IRS. The IRS and the partner’s cost; that is, the contributed 2. Possible Expansion of Regulations Treasury Department request comments property is essentially revalued at the The IRS and the Treasury Department on the proper scope of the rule allowing time of contribution. § 1.704– are considering further increasing the revaluations. All comments will be 1(b)(2)(iv)(d)(1). In addition, under number of situations in which available for public inspection and § 1.704–1(b)(2)(iv)(f), a partnership is revaluations of partnership property are copying. A public hearing will be permitted to, and generally does, permitted. One approach under scheduled if requested in writing by any revalue its assets to their current fair consideration would allow revaluations person that timely submits written market values if there is a contribution any time there is more than a de comments. If a public hearing is to the partnership by a new or existing minimis bona fide change in the manner scheduled, notice of the date, time, and partner as consideration for an interest in which partners agree to share profits place for the public hearing will be in the partnership or a distribution from or losses. Comments are requested published in the Federal Register.
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Drafting Information DEPARTMENT OF THE TREASURY Background The principal author of these Alcohol and Tobacco Tax and Trade Has Passage of the Homeland Security regulations is Craig Gerson, Office of Bureau Act Affected Department of Treasury Associate Chief Counsel (Passthroughs Rulemaking? and Special Industries), IRS. However, 27 CFR Parts 4 and 24 Effective January 24, 2003, the Homeland Security Act of 2002 divided other personnel from the IRS and [Notice No. 13] Treasury Department participated in the Bureau of Alcohol, Tobacco and their development. RIN 1512–AC48 Firearms (ATF) into two new agencies, the Alcohol and Tobacco Tax and Trade List of Subjects in 26 CFR Part 1 Production of Dried Fruit and Honey Bureau (TTB) in the Department of the Wines (2001R–136P) Income taxes, Reporting and Treasury and the Bureau of Alcohol, Tobacco, Firearms, and Explosives in recordkeeping requirements. AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury. the Department of Justice. Regulation of wine production is the responsibility of Proposed Amendments to the ACTION: Notice of proposed rulemaking. Regulations the new TTB. References to ATF and SUMMARY: The Alcohol and Tobacco Tax TTB in this document reflect the Accordingly, 26 CFR part 1 is and Trade Bureau (TTB) requests timeframe, before or after January 24, proposed to be amended in part as comments on two proposed 2003, of the rulemaking process. follows: amendments to the regulations relating What Is TTB’s Authority To Regulate the to the production of dried fruit and PART 1—INCOME TAXES Production of Dried Fruit and Honey honey wines. The first amendment will Wines? allow the production of dried fruit 1. The authority citation for part 1 wines with an alcohol by volume The Internal Revenue Code (IRC) of continues to read in part as follows: content of more than 14 percent. The 1986 (26 U.S.C. 5387) states that wines Authority: 26 U.S.C. 7805. * * * second will lower the minimum starting made from agricultural products other Brix of 22 degrees to 13 degrees in the than the juice of fruit must be made ‘‘in 2. Section 1.704–1 is amended as accordance with good commercial follows: production of honey wines. These proposals are the result of two petitions practice,’’ as prescribed by the Secretary 1. Paragraph (b)(2)(iv)(f)(5)(iii) is submitted by producers of raisin and of the Treasury through regulations. We redesignated as paragraph honey wines. We also correct a define wines made according to these (b)(2)(iv)(f)(5)(iv). technical error in the wine labeling regulations, including those made from 2. New paragraph (b)(2)(iv)(f)(5)(iii) is regulations by raising the maximum dried fruit and honey, as ‘‘standard added. limit on alcohol content derived from agricultural wines.’’ The IRC specifies these production limitations: fermentation from 13 to 14 percent for • § 1.704–1 Partner’s distributive share. ameliorated agricultural wines. You may not add wine spirits to agricultural wines; * * * * * DATES: Submit written comments on or • You may not add coloring or (b) * * * before September 2, 2003. flavoring materials to agricultural wines, ADDRESSES: You may view copies of the (2) * * * with the exception of hops to honey proposed regulations, related wine; and (iv) * * * documents, and any comments received • You may not blend wines from (f) *** on this notice by appointment at the different agricultural commodities. (5) *** ATF Reference Library, Room 6480, 650 Title 27 CFR part 24, Wine, Subpart Massachusetts Avenue, NW., I—Production of Agricultural Wine, (iii) In connection with the grant of an Washington, DC 20226. contains regulations under the interest in the partnership (other than a You may send comments to any of the jurisdiction of TTB that implement de minimis interest) on or after the date following addresses— these statutory requirements. final regulations are published in the • Chief, Regulations and Procedures Federal Register as consideration for the Division, Alcohol and Tobacco Tax and What Are the Current Regulatory provision of services to or for the benefit Trade Bureau, PO Box 50221, Requirements for the Production of of the partnership by an existing partner Washington, DC 20091–0221 (Attn: Dried Fruit and Honey Wines? acting in a partner capacity, or by a new Notice No. 13); Subpart I contains provisions for the partner acting in a partner capacity or in • (202) 927–8525 (facsimile); production of agricultural wines, • anticipation of being a partner. [email protected] (e-mail); or including some derived from the IRC’s • http://www.ttb.gov (online). A * * * * * ‘‘good commercial practice’’ provision. comment form is available with the Sections 24.202 and 24.203 contain Judith B. Tomaso, copy of this notice posted on our Web provisions specific to dried fruit wine Acting Deputy Commissioner of Internal site. and honey wine, respectively. Section Revenue. See the Public Participation section of 24.204 contains requirements for all this notice for specific instructions and [FR Doc. 03–16788 Filed 7–1–03; 8:45 am] agricultural wines other than dried fruit requirements. BILLING CODE 4830–01–U and honey wines. Among other FOR FURTHER INFORMATION CONTACT: requirements, all three of these sections Jennifer Berry, Alcohol and Tobacco prohibit the production of any Tax and Trade Bureau, Regulations and agricultural wine with an alcohol Procedures Division, PO Box 18152, content of more than 14 percent by Roanoke, VA 24014; or telephone (540) volume after complete fermentation or 344–9333. complete fermentation and sweetening. SUPPLEMENTARY INFORMATION: The IRC does not specify this limitation,
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which has been in the regulations since as long as the density of the honey and During our research into these 1954. Rather, the limitation derives from water mixture is not reduced below 22 requirements, we were unable to the law’s ‘‘good commercial practice’’ degrees Brix. We currently classify determine the rationale for the alcohol provision. honey wines with a lower starting Brix content limit of 14 percent for In addition to the provisions on as ‘‘other than standard’’ wines. Mr. agricultural wines. The initial alcohol content, §§ 24.202, 24.203, and David Myers of Redstone Meadery states implementing regulations in 1954 do 24.204 also contain limits on starting that he wishes to make a lower alcohol not explain why the limitation of 14 Brix for agricultural wines. The honey wine that will require that the percent alcohol content was determined regulations define Brix as the quantity starting Brix be below 22 degrees. Mr. to be a good commercial practice for of dissolved solids in a wine, expressed Myers argues that, because such a wine agricultural wines. See 19 FR 7642, Nov. as grams of sucrose in 100 grams of would still have honey as its primary 27, 1954, and 19 FR 9633, Dec. 31, 1954. solution at 60 degrees Fahrenheit, i.e., fermentable ingredient, we should While the IRC places similar limits on the percent of sugar by weight. The classify it as honey wine. Mr. Myers sweetened grape and sweetened fruit regulations permit the addition of water, suggests the creation of a new category and berry wines (see 26 U.S.C. 5383(a) and sugar in the case of § 24.204, during for low-alcohol honey wines, if the and 5384(a)), we feel that it may be the production of agricultural wines, in minimum starting Brix cannot be unreasonable to apply standards for order to facilitate fermentation if the lowered. He proposes the names ‘‘light fruit and berry wines to all agricultural density of the fermenting mixture is not honey wine’’ or ‘‘honey wine varietal’’ wines, since agricultural products reduced below 22 degrees Brix. This for this new category, which would typically have different requirements for limitation, like that on alcohol content encompass honey wines with a starting fermentation. discussed above, was placed in the wine Brix of between 22 degrees and 13.3 Also, as noted by the petitioner, regulations in 1954 and is based on degrees, or roughly 7 percent alcohol by § 4.21(f)(3) permits a dessert wine ‘‘good commercial practice’’ standards volume. classification for agricultural wines that and not on a specific statutory What Was the Result of TTB’s Analysis are 14 to 24 percent alcohol by volume. prohibition. of the Proposals? Currently, only producers of imported Petitions agricultural wines can legally call their Our research into the history of the products ‘‘dessert agricultural wine.’’ Dried Fruit Petition requirements for agricultural wines Some dessert raisin wines are imported Bruno and George Wines, Inc., in reveals that both section 5387 of the IRC into the United States. Because Beaumont, Texas, petitioned us to and its implementing regulations in domestic raisin wine producers must propose that the regulations at § 24.202, §§ 24.202, 24.203, and 24.204 date from comply with the production provisions Dried fruit, be amended to allow for the 1954. Section 5387 includes the in part 24, they cannot take advantage production of a standard dried fruit following explanation: of § 4.21(f)(3) and also label their wines wine that contains more than 14 percent These wines are not specifically referred to as dessert wines. Changing § 24.202 will alcohol by volume. Because of the in existing law. This addition to the law put domestic dried fruit wines on an current prohibition in § 24.202 against enables the setting up by regulations of equal footing with imported products. dried fruit wines with a higher alcohol standards of agricultural wines after In addition, the importation of these experience has shown to what extent content, we now classify such a wine as dessert dried fruit wines evidences that provisions of law relating to natural wines the higher alcohol content is a good an ‘‘other than standard’’ wine. Mr. should be considered applicable. Uniform Shawn Bruno, the president of Bruno limitations cannot be prescribed for all commercial practice that produces and George, Inc., states that he wishes agricultural wines. Limitations consistent wines that meet consumer preferences. to produce and market a raisin wine with good commercial practices in respect to For these reasons, we propose to amend made according to his grandfather’s the production of rice wines could not be the regulations to allow for the traditional Sicilian recipe. The resulting prescribed for other wines, such as honey production of dried fruit wines that are wine would have an alcohol content wine, rhubarb wine, etc. (H. Rept. 1337, 83rd greater than 14 percent alcohol by greater than 14 percent alcohol by Cong., 2nd Sess. (1954), reprinted at 1954 volume. U.S. Code Cong. & Admin. News 3, 4518.) volume. Mr. Bruno points out that, if we We were also unable to document a lift this prohibition, his wine could be This explanation shows that the law reason for the 22 degrees Brix classified as a dessert raisin wine. In recognizes that agricultural wines are limitation, but we believe it derives fact, the wine labeling regulations at unique, with production standards that from the limitations placed on grape § 4.21(f)(3) allow for agricultural wines may vary significantly from one type of and fruit wines. Section 5382(b)(1) of with an alcohol content greater than 14 wine to another. While these standards the IRC states that the juice or must of percent but less than 24 percent to be may be guided by those for natural grape and fruit wines may not be designated as agricultural dessert wines. wine, defined in the law as wines made reduced with water to less than 22 Mr. Bruno comments that he sees no from sound, ripe grapes or other sound, degrees. We believe it may be logical reason for exclusion of his raisin ripe fruit, they may also vary inappropriate to apply this same wine from this category. significantly from natural wine standard to all agricultural wines, since standards. Thus, in 1954, the Internal source products such as honey, raisins, Honey Wine Petition Revenue Service established regulations and dandelions, etc., often contain far Redstone Meadery in Boulder, that were based on standards of good less natural water than do grapes and Colorado, petitioned us to propose that commercial practice at that time. other fruits. Because they do, vintners we amend the regulations at § 24.203, Because these standards can change must add water in order to achieve Honey wine, to allow for the production over time as a result of technical fermentation. Also, our research into the of a standard honey wine with a starting developments and consumer production of honey wines unearthed Brix below 22 degrees. As discussed preferences, we feel it is reasonable to references to a category of low-alcohol above, § 24.203 currently states that reexamine these regulations in light of honey wine called ‘‘hydromel.’’ The fact water may be added in the production current industry practice and consumer that a recognized category already exists of honey wine to facilitate fermentation, understanding of these products. for a lower alcohol honey wine
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indicates that such a wine is consistent wines may not have an alcohol content in the ADDRESSES section. We require a with good commercial practice. derived from fermentation of more than legible, written signature. For these reasons, we propose to 13 percent by volume. This 13 percent • By facsimile: You may submit lower the minimum Brix from 22 limit is inconsistent with the IRC’s comments by facsimile transmission to degrees to 13 degrees in 27 CFR 24.203, treatment of other types of ameliorated 202–927–8525. Faxed comments must— Honey wine. We also propose to amend wines. While the IRC does not contain (1) Be on 8.5- by 11-inch paper; this section to make it clear that sugar a limit on alcohol content for (2) Contain a legible, written may be added only after fermentation ameliorated agricultural wines, it gives signature; and for the purpose of sweetening. This a 14 percent limit for ameliorated fruit (3) Be five or less pages long. This restriction will ensure that the alcohol and berry wines. Until corrected by T.D. limitation assures electronic access to in honey wine is derived from honey ATF–458, § 4.21(d)(1)(i) and (e)(1)(i), the our equipment. We will not accept and not added sugar. standards of identity for citrus and fruit faxed comments that exceed five pages. • We are not proposing the creation of wines, respectively, also contained an By e-mail: You may e-mail a separate category for low-alcohol incorrect limit of 13 percent. In order to comments to [email protected]. Comments honey wines, as suggested by Redstone establish consistency for all classes of transmitted by electronic-mail must— Meadery. No separate category exists for wine, we propose to amend (1) Contain your e-mail address; and grape or fruit wines that are, for § 4.21(f)(1)(i) to raise the alcohol content (2) Be legible when printed on 8.5- by example, 7 percent alcohol by volume. 11-inch paper. limit on ameliorated agricultural wines • We, therefore, see no need to have one to 14 percent. Note that § 4.21(f)(1)(i) By online form: We provide a for agricultural wines. addresses only ameliorated agricultural comment form with the online copy of Also, the terms proposed by Mr. wines and does not prohibit the this proposed rule on our Web site at Myers, ‘‘light honey wine’’ and ‘‘honey production of nonameliorated http://www.ttb.gov/alcohol/rules/ wine varietal,’’ have other connotations agricultural wines that are greater than index.htm. At this site, select ‘‘Send when used in labeling wine that could 14 percent alcohol by volume. comments via e-mail’’ under this notice cause consumer confusion. Title 27 CFR number. 4.21(a)(2) currently allows use of the Public Participation You may also write to the term ‘‘light’’ on labels of grape wines We request comments on these two Administrator to ask for a public that are less than 14 percent alcohol by proposals. We specifically request hearing. The Administrator reserves the volume. This authorization comments from producers and right to determine, in light of all encompasses wines that are not usually consumers of dried fruit and honey circumstances, whether a public hearing considered low-alcohol. Creating a wines on whether these two proposals will be held. different meaning for ‘‘light’’ honey conflict with current standards of good What Information Will TTB Disclose wines could confuse consumers. commercial practice, and of what In addition, we feel that the consumer About This Notice? constitutes a raisin wine or honey wine. associates the word ‘‘varietal’’ with You may see copies of the proposed We also request comments regarding the grape varieties, not with agricultural regulations, related information, and increases of sugar in dried fruit wines products. We will, however, reconsider any comments on this notice by and water in honey wines that will be the creation of a separate category if we appointment at the ATF Reference allowed as a result of these revisions. receive sufficient comments that favor Library, Room 6480, 650 Massachusetts such a change over the lowering of the All comments must include your Avenue, NW., Washington, DC 20226. minimum Brix. name and mailing address, reference You may also get copies at 20 cents per As noted earlier, we were unable to this notice number, and be legible and page. Telephone the ATF librarian at determine the original reason for the written in language generally acceptable (202) 927–7890 if you want to schedule regulatory limits on alcohol content and for public disclosure. an appointment or request copies of starting Brix. However, the intent may Although we do not acknowledge comments. have been to restrict the quantity of receipt, we will consider your For your convenience, we will post sugar and water additions that would comments if we receive them on or comments received in response to this result in alcohol through fermentation. before the closing date. We will notice on the TTB Web site. All In other words, the regulation writers consider comments received after the comments posted on our Web site will intended that the alcohol result closing date if we can. We regard all show the names of commenters but not primarily from the sugar in the comments as originals. street addresses, telephone numbers, or agricultural winemaking material, rather What Is a Comment? e-mail addresses. We may also omit than from both sugar and water. This voluminous attachments or material that intent would be consistent with the To be considered a comment, your we consider unsuitable for posting. In same restriction on natural wines from submission must relate specifically to all cases, the full comment will be grapes and from berries. Accordingly, this proposed rule. For example, you available in the ATF Reference Library. we are particularly interested in might be for or against all or part of this To access online copies of the comments on whether this increased proposed rule, or you might express comments on this rulemaking, visit allowance for sugar and water additions neutrality. We find comments that use http://www.ttb.gov/alcohol/rules/ to dried fruit and honey wines is reasoning, logic, and, if applicable, good index.htm and select ‘‘View Comments’’ consistent with good commercial science to explain your position most under this notice number. practice. persuasive in the formation of a final rule. Will TTB Keep My Comments What Technical Error Is TTB Confidential? How Should I Submit Comments? Correcting? We cannot recognize any material in While reviewing the regulations You may submit comments in any of comments as confidential. We will relating to agricultural wines, we noted four ways. disclose all information on comments a technical error in § 4.21(f)(1)(i), which • By mail: You may send written and commenters. In addition, we will states that ameliorated agricultural comments to TTB at the address listed summarize and discuss pertinent
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comments in the preamble to the final PART 4—LABELING AND DEPARTMENT OF HOMELAND rule or to any subsequent notices that ADVERTISING OF WINE SECURITY are published as a result of the comments. Do not present any material 1. The authority citation for 27 CFR Coast Guard you consider confidential or part 4 continues to read as follows: 33 CFR Part 110 inappropriate for disclosure. Authority: 27 U.S.C. 205, unless otherwise Regulatory Analyses and Notices noted. [CGD05–03–036] Does the Paperwork Reduction Act 2. Section 4.21 is amended by RIN 1625–AA01 Apply to This Proposed Rule? removing the phrase ‘‘13 percent’’ Baltimore Harbor Anchorage Project We propose no requirement to collect where it appears in the proviso in paragraph (f)(1)(i) and adding in its information. Therefore, the provisions AGENCY: Coast Guard, DHS. place the phrase ‘‘14 percent’’. of the Paperwork Reduction Act of 1995, ACTION: Notice of proposed rulemaking. 44 U.S.C. chapter 35, and its PART 24—WINE implementing regulations, 5 CFR part SUMMARY: The Coast Guard proposes to 1320, do not apply. 3. The authority citation for part 24 amend the geographic coordinates and Does the Regulatory Flexibility Act continues to read as follows: modify the regulated use of the (RFA) Apply to This Proposed Rule? anchorages in Baltimore Harbor, MD. Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, This amendment is necessary to ensure 5008, 5041, 5042, 5044, 5061, 5062, 5081, As required by the RFA, we certify changes in depth as resulting from an that implementation of this proposed 5111–5113, 5121, 5122, 5142, 5143, 5173, 5206, 5214, 5215, 5351, 5353, 5354, 5356, Army Corps of Engineers anchorage- regulation would not have a significant deepwater project and that the economic impact on a substantial 5357, 5361, 5362, 5364–5373, 5381–5388, 5391, 5392, 5511, 5551, 5552, 5661, 5662, dimensions for the Baltimore Harbor number of small business entities. We 5684, 6065, 6091, 6109, 6301, 6302, 6311, anchorages are reflected in the Federal expect no negative impact on small 6651, 6676, 7011, 7302, 7342, 7502, 7503, regulations and on NOAA charts. This entities and propose no new reporting, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, proposed regulated uses modification recordkeeping, or other administrative 9306. will accommodate changes to ships’ requirements. Accordingly, the RFA 4. Section 24.202 is amended by drafts and lengths since the last revision does not require a regulatory flexibility of this regulation in 1968 and will analysis. revising the last sentence to read as follows: harmonize the anchorage regulation Does Executive Order 12866 Define This throughout the Fifth Coast Guard NPRM as a Significant Regulatory § 24.202 Dried fruit. District. Action? * * * After complete fermentation or DATES: Comments and related material This proposed rule fits none of the complete fermentation and sweetening, must reach the Coast Guard on or before criteria of significant regulatory actions, the finished product may not have a September 2, 2003. as defined by Executive Order 12866, 58 total solids content that exceeds 35 ADDRESSES: You may mail comments FR 51735. Therefore, it requires no degrees Brix. (26 U.S.C. 5387) and related material to Commander, regulatory assessment. 5. Section 24.203 is revised to read as Fifth Coast Guard District (oan), 431 Drafting Information follows: Crawford Street, Portsmouth, VA, 23704–5004. The Aids to Navigation The principal author of this document § 24.203 Honey wine. and Waterways Management Branch is Jennifer Berry, Regulations and (oan) maintains the public docket for Procedures Division (Roanoke), Alcohol In the production of wine from honey, this rulemaking. Comments and and Tobacco Tax and Trade Bureau. the winemaker may add water to facilitate fermentation, provided the material received from the public, as List of Subjects density of the honey and water mixture well as documents indicated in this 27 CFR Part 4 is not reduced below 13 degrees Brix; preamble as being available in the docket, will become part of this docket Advertising, Customs duties and hops in quantities not to exceed one pound for each 1,000 pounds of honey; and will be available for inspection or inspection, Imports, Labeling, Packaging copying at the Aids to Navigation and and containers, Reporting and pure, dry sugar or honey for sweetening; and sugar only after fermentation is Waterways Management Branch office recordkeeping requirements, Trade between 9 a.m. and 3 p.m., Monday practices, Wines. completed. After complete fermentation or complete fermentation and through Friday, except Federal holidays. 27 CFR Part 24 sweetening, the wine may not have an FOR FURTHER INFORMATION CONTACT: LTjg Administrative practice and alcohol content of more than 14 percent Anne Grabins, Fifth Coast Guard District procedure, Claims, Electronic fund by volume or a total solids content Aids to Navigation and Waterways transfers, Excise taxes, Exports, Food exceeding 35 degrees Brix. (26 U.S.C. Management Branch, (757) 398–6559. additives, Fruit juices, Labeling, 5387) SUPPLEMENTARY INFORMATION: Liquors, Packaging and containers, Signed: February 5, 2003. Request for Comments Reporting and recordkeeping Arthur J. Libertucci, We encourage you to participate in requirements, Research, Scientific Administrator. equipment, Spices and flavoring, Surety this rulemaking by submitting Approved: March 11, 2003. bonds, Vinegar, Warehouses, Wine. comments and related material. If you Timothy E. Skud, do so, please include your name and Authority and Issuance Deputy Assistant Secretary (Tax, Trade, and address, identify the docket number for For the reasons discussed in the Tariff Policy). this rulemaking (CGD05–02–040), preamble, TTB proposes to amend 27 [FR Doc. 03–16564 Filed 7–1–03; 8:45 am] indicate the specific section of this CFR part 4 as follows: BILLING CODE 4810–31–P document to which each comment
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applies, and give the reason for each the vessels that most frequently call on taxi, ferry services, or any other marine comment. Please submit all comments the Port of Baltimore. Upon completion, traffic that transit this area of Fort and related material in an unbound Anchorage No. 3 will be divided into McHenry Channel in Baltimore Harbor. format, no larger than 81⁄2 by 11 inches, two sections: Anchorage 3 Lower (2200′ Changes to Anchorage No. 3 and suitable for copying. If you would like x 2200′ x 42 ft mean lower low water Anchorage No. 4 may change the vessel to know they reached us, please enclose (MLLW)) and Anchorage 3 Upper (1800′ routing through this area of the harbor. a stamped, self-addressed postcard or x 1800′ x 42ft MLLW). Anchorage No. 4 Deepening the anchorages and changing envelope. We will consider all will also be modified (1850′ x 1800′ x the coordinates for the anchorages comments and material received during 35ft MLLW). would not have a significant economic the comment period. We may change The changes made to Upper 3, Lower impact on a substantial number of small this proposed rule in view of them. 3 and Anchorage No. 4 will change the entities for the following reasons. Vessel dimensions of Anchorage No. 2, Public Meeting traffic could pass safely around the new bordering Anchorage No. 3 to the west anchorage areas. The new coordinates We do not now plan to hold a public and north. Anchorage No. 2 will also be for the anchorages are a change in meeting. But you may submit a request expanded to include the area between dimension, the size of which will for a meeting by writing to the Aids to Lower 3 and the Seagirt Marine remain proportional to its current size, Navigation and Waterways Management Terminal Entrance Channel. Anchorage and their location will not interfere with Branch at the address under ADDRESSES No. 2 is an unimproved anchorage, and commercial traffic. explaining why one would be its depths are not maintained by If you think that your business, beneficial. If we determine that one periodic dredging. organization, or governmental would aid this rulemaking, we will hold Regulatory Evaluation jurisdiction qualifies as a small entity one at a time and place announced by and that this rule would have a a later notice in the Federal Register. This proposed rule is not a significant economic impact on it, ‘‘significant regulatory action’’ under Background and Purpose please submit a comment (see section 3(f) of Executive Order 12866, ADDRESSES) explaining why you think it The U.S. Army Corps of Engineers Regulatory Planning and Review, and qualifies and how and to what degree received Congressional authorization for does not require an assessment of this rule would economically affect it. the Baltimore Harbor Anchorage project potential costs and benefits under in September 2001. The objective of this section 6(a)(3) of that Order. The Office Assistance for Small Entities project is to increase the project depths of Management and Budget has not Under section 213(a) of the Small of Anchorage No. 3 and No. 4 to 42 ft reviewed it under that Order. It is not Business Regulatory Enforcement and 35 ft respectively. The original ‘‘significant’’ under the regulatory Fairness Act of 1996 (Pub. L. 104–121), Federal anchorage project for Baltimore policies and procedures of the we want to assist small entities in Harbor was designed to accommodate Department of Homeland Security understanding this proposed rule so that cargo ships with maximum drafts of 33 (DHS). they can better evaluate its effects on ft and lengths of 550 ft. The dimensions We expect the economic impact of them and participate in the rulemaking. of the anchorages are changing to this proposed rule to be so minimal that If the rule would affect your small accommodate the larger ships that call a full Regulatory Evaluation under business, organization, or governmental on the Port that routinely approach 1000 paragraph 10e of the regulatory policies jurisdiction and you have questions ft LOA with drafts of 36 to 38 feet or and procedures of DHS is unnecessary. concerning its provisions or options for more. The new coordinates established The deepening of anchorage 3 and compliance, please contact LTjg Anne for Anchorage Nos. 2, 3, and 4, will also anchorage 4 within the Port of Baltimore Grabins at the address listed (see accommodate the widening of the will better accommodate deep draft ADDRESSES). Dundalk West Channel, a north/south vessels waiting for an open berth. The Federal navigation project located Coast Guard does not expect that these Collection of Information between Anchorage No. 3 and new accommodations will adversely This proposed rule would call for no Anchorage No. 4 and widening of the impact maritime commerce. new collection of information under the Duldalk East Channel bordering Small Entities Paperwork Reduction Act of 1995 (44 Anchorage No. 4. U.S.C. 3501–3520). Dredging for the Baltimore Harbor Under the Regulatory Flexibility Act Anchorage project commenced in March (5 U.S.C. 601–612), we have considered Federalism 2002 and is scheduled for completion in whether this proposed rule would have A rule has implications for May 2003. a significant economic impact on a Federalism under Executive Order substantial number of small entities. 13132, Federalism, if it has a substantial Discussion of Proposed Rule The term ‘‘small entities’’ comprises direct effect on State or local This proposed rule would amend the small businesses, not-for-profit governments and would either preempt Federal regulations to reflect the organizations that are independently State law or impose a substantial direct changes made to Baltimore Harbor as a owned and operated and are not cost of compliance on them. We have result of the Army Corps of Engineers’ dominant in their fields, and analyzed this proposed rule under that Baltimore Harbor anchorage governmental jurisdictions with Order and have determined that it does improvement project currently in populations of less than 50,000. not have implications for Federalism. progress and scheduled for completion The Coast Guard certifies under 5 in May 2003. As a result of this U.S.C. 605(b) that this proposed rule Unfunded Mandates Reform Act improvement project, the dimensions would not have a significant economic The Unfunded Mandates Reform Act for the anchorages will change. impact on a substantial number of small of 1995 (2 U.S.C. 1531–1538) requires Analyzing the existing anchorage areas entities. This proposed rule would affect Federal agencies to assess the effects of and naturally occurring depths, the the following entities, some of which their discretionary regulatory actions. In Army Corps of Engineers identified might be small entities: the owners or particular, the Act addresses actions areas best suited to meet the needs of operators of vessels used for chartering, that may result in the expenditure by a
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State, local, or tribal government, in the it is not a ‘‘significant regulatory action’’ (2) Anchorage No. 2, general aggregate, or by the private sector of under Executive Order 12866 and is not anchorage. The waters bounded by a $100,000,000 or more in any one year. likely to have a significant adverse effect line connecting the following points: Though this proposed rule would not on the supply, distribution, or use of result in such expenditure, we do energy. It has not been designated by the Latitude Longitude discuss the effects of this rule elsewhere Administrator of the Office of 39°15′14.8″ N 76°32′59.6″ W in this preamble. Information and Regulatory Affairs as a 39°14′43.9″ N 76°32′27.0″ W significant energy action. Therefore, it Taking of Private Property 39°14′37.7″ N 76°32′28.1″ W does not require a Statement of Energy 39°14′30.9″ N 76°32′33.5″ W This proposed rule would not affect a Effects under Executive Order 13211. 39°14′46.2″ N 76°32′49.7″ W taking of private property or otherwise 39°14′43.7″ N 76°32′63.6″ W have taking implications under Environment 39°14′57.5″ N 76°33′08.1″ W Executive Order 12630, Governmental We have analyzed this proposed rule 39°14′46.2″ N 76°33′25.8″ W 39°15′01.4″ N 76°33′42.6″ W Actions and Interference with under Commandant Instruction ° ′ ″ ° ′ ″ Constitutionally Protected Property M16475.1D, which guides the Coast 39 15 08.5 N 76 33 37.7 W 39°15′19.2″ N 76°33′24.5″ W Rights. Guard in complying with the National 39°15′19.3″ N 76°33′14.4″ W Environmental Policy Act of 1969 Civil Justice Reform DATUM: NAD 83 (NEPA) (42 U.S.C. 4321–4370f), and This proposed rule meets applicable have concluded that there are no factors (3) Anchorage No. 3, Upper, general standards in sections 3(a) and 3(b)(2) of in this case that would limit the use of anchorage. The waters bounded by a Executive Order 12988, Civil Justice a categorical exclusion under section line connecting the following points: Reform, to minimize litigation, 2.B.2. of the Instruction. Therefore, this Latitude Longitude eliminate ambiguity, and reduce rule is categorically excluded, under burden. figure 2–1, paragraph (34)(f), of the 39°14′32.5″ N 76°33′11.3″ W ° ′ ″ ° ′ ″ Protection of Children Instruction, from further environmental 39 14 46.2 N 76 33 25.8 W documentation. This proposed rule 39°14′57.5″ N 76°33′08.1″ W We have analyzed this proposed rule would change the size of Anchorage No. 39°14′43.7″ N 76°33′53.6″ W under Executive Order 13045, 2, Anchorage No. 3 and Anchorage No. DATUM: NAD 83 Protection of Children from 4. (4) Anchorage No. 3, Lower, general Environmental Health Risks and Safety A draft ‘‘Environmental Analysis anchorage. The waters bounded by a Risks. This rule is not an economically Check List’’ and a draft ‘‘Categorical line connecting the following points: significant rule and would not create an Exclusion Determination’’ are available environmental risk to health or risk to in the docket where indicated under Latitude Longitude safety that might disproportionately ADDRESSES. Comments on this section ° ′ ″ ° ′ ″ affect children. will be considered before we make the 39 14 32.5 N 76 33 11.3 W 39°14′46.3″ N 76°32′49.7″ W Indian Tribal Governments final decision on whether the rule 39°14′30.9″ N 76°32′33.5″ W should be categorically excluded from ° ′ ″ ° ′ ″ This proposed rule does not have 39 14 24.4 N 76 32 39.9 W further environmental review. 39°14′15.6″ N 76°32′53.6″ W tribal implications under Executive DATUM: NAD 83 Order 13175, Consultation and List of Subjects in 33 CFR Part 110 (5) Anchorage No. 4, general Coordination with Indian Tribal Anchorage regulations. Governments, because it would not have anchorage. The waters bounded by a For the reasons discussed in the line connecting the following points: a substantial direct effect on one or preamble, the Coast Guard proposes to more Indian tribes, on the relationship amend 33 CFR part 110 as follows: between the Federal Government and Latitude Longitude Indian tribes, or on the distribution of PART 110—ANCHORAGE 39°13′52.9″ N 76°32′29.6″ W power and responsibilities between the REGULATIONS 39°14′05.9″ N 76°32′43.3″ W Federal Government and Indian tribes. 39°14′07.3″ N 76°32′43.1″ W To help the Coast Guard establish 1. The authority citation for part 110 39°14′17.9″ N 76°32′26.4″ W regular and meaningful consultation continues to read as follows: 39°14′05.3″ N 76°32′13.1″ W ° ′ ″ ° ′ ″ and collaboration with Indian and Authority: 33 U.S.C. 471, 1221 through 39 14 00.5 N 76 32 17.8 W Alaskan Native tribes, we published a 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 DATUM: NAD 83 notice in the Federal Register (66 FR CFR 1.05–1(g). (6) Anchorage No. 5, general 36361, July 11, 2001) requesting 2. In § 110.158, revise paragraphs (a) anchorage. The waters bounded by a comments on how to best carry out the and (b) and add paragraphs (c), (d), and line connecting the following points: Order. We invite your comments on (e) to read as follows: how this proposed rule might impact Latitude Longitude tribal governments, even if that impact § 110.158 Baltimore Harbor, MD. 39°14′07.0″ N 76°32′58.5″ W may not constitute a ‘‘tribal (a) Anchorage grounds. ° ′ ″ ° ′ ″ (1) Anchorage No. 1, general 39 13 34.0 N 76 32 24.0 W implication’’ under the Order. 39°13′22.0″ N 76°32′29.0″ W anchorage. The waters bounded by a ° ′ ″ ° ′ ″ Energy Effects 39 13 21.0 N 76 33 12.0 W line connecting the following points: DATUM: NAD 83 We have analyzed this proposed rule (7) Anchorage No. 6, general under Executive Order 13211, Actions Latitude Longitude anchorage. The waters bounded by a Concerning Regulations That 39°15′13.0″ N 76°34′08.5″ W line connecting the following points: Significantly Affect Energy Supply, 39°15′10.5″ N 76°34′12.5″ W Distribution, or Use. We have 39°14′52.5″ N 76°33′54.0″ W Latitude Longitude determined that it is not a ‘‘significant 39°14′48.0″ N 76°33′42.0″ W energy action’’ under that order because DATUM: NAD 83 39°13′42.5″ N 76°32′20.2″ W
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Latitude Longitude (6) The Captain of the Port may a vessel may not anchor in this prescribe specific conditions for vessels anchorage for more than 24 hours. 39°13′20.0″ N 76°31′56.0″ W anchoring within the anchorages (3) Anchorage 7. Dead Ship 39°13′34.0″ N 76°31′33.5″ W described in this section, including, but Anchorage. The primary use of this 39°14′02.0″ N 76°32′02.9″ W anchorage is to lay up dead ships. Such ° ′ ″ ° ′ ″ not limited to, the number and location 39 13 50.5 N 76 32 20.0 W of anchors, scope of chain, readiness of use has priority over other uses. A DATUM: NAD 83 engineering plant and equipment, usage written permit from the Captain of the (8) Dead ship anchorage. The waters of tugs, and requirements for Port must be obtained prior to the use bounded by a line connecting the maintaining communication guards on of this anchorage for more than 72 following points: selected radio frequencies. hours. (7) No vessel at anchor or at a mooring Dated: June 23, 2003. Latitude Longitude within an anchorage may transfer oil to Sally Brice-O’Hara, 39°13′00.4″ N 76°34′10.4″ W or from another vessel unless the vessel Rear Admiral, Coast Guard, Commander, 39°13′13.4″ N 76°34′10.8″ W has given the Captain of the Port the Fifth Coast Guard District. 39°13′13.9″ N 76°34′05.7″ W four hours advance notice required by [FR Doc. 03–16639 Filed 7–1–03; 8:45 am] ° ′ ″ ° ′ ″ 39 13 14.8 N 76 33 29.8 W § 156.118 of this title. BILLING CODE 4910–15–P 39°13′00.4″ N 76°33′29.9″ W (8) No vessel may anchor in a ‘‘dead DATUM: NAD 83 ship’’ status (propulsion or control (b) Definitions. As used in this unavailable for normal operations) ENVIRONMENTAL PROTECTION section: without prior approval of the Captain of AGENCY (1) Dangerous cargo means ‘‘certain the Port. dangerous cargo’’ as defined in (d) Regulations for vessels handling or 40 CFR Part 52 carrying dangerous cargoes or Class 1 § 160.203 of this chapter. [TX–42–1–6274b; FRL–7521–1] (2) Class 1 (explosive) materials (explosive) materials. (1) This paragraph means Division 1.1, 1.2, 1.3, and 1.4 applies to every vessel, except a U.S. Approval and Promulgation of explosives, as defined in 49 CFR 173.50. naval vessel, handling or carrying Implementation Plans for Texas; (c) General regulations. (1) Except as dangerous cargoes or Class 1 (explosive) Approval of Section 179B otherwise provided, this section applies materials. Demonstration of Attainment, Carbon to vessels over 20 meters long and (2) The Captain of the Port may Monoxide Motor Vehicle Emissions vessels carrying or handling dangerous require every person having business Budget for Conformity, and cargo or Class 1 (explosive) materials aboard a vessel handling or carrying Contingency Measure for El Paso while anchored in an anchorage ground dangerous cargoes or Class 1 (explosive) Carbon Monoxide Nonattainment Area described in this section. materials while in an anchorage, other (2) Except in cases where unforeseen than a member of the crew, to hold AGENCY: Environmental Protection circumstances create conditions of either a pass issued by the Captain of Agency (EPA). imminent peril, or with the permission the Port or another form of ACTION: Proposed rule. of the Captain of the Port, no vessel identification prescribed by the Captain SUMMARY: The EPA is approving, shall be anchored in Baltimore Harbor of the Port. through direct final action, a revision to and Patapsco River outside of the (3) Each person having business the Texas State Implementation Plan anchorage areas established in this aboard a vessel handling or carrying (SIP), submitted to show attainment of section for more than 24 hours. No dangerous cargoes or Class 1 (explosive) the Carbon Monoxide (CO) National vessel shall anchor within a tunnel, materials while in an anchorage, other Ambient Air Quality Standard (NAAQS) cable or pipeline area shown on a than a member of the crew, shall present in the El Paso CO nonattainment area, government chart. No vessel shall be the pass or other form of identification but for emissions emanating from moored, anchored, or tied up to any prescribed by paragraph (d)(2) of this outside of the United States. The EPA is pier, wharf, or other vessel in such section to any Coast Guard Boarding also approving the El Paso area’s CO manner as to extend into established Officer who requests it. emissions budget, and a CO contingency channel limits. No vessel shall be (4) The Captain of the Port may measure requirement. The State positioned so as to obstruct or endanger revoke at any time a pass issued under submitted the revisions to satisfy the passage of any other vessel. the authority of paragraph (d)(2) of this (3) Except in an emergency, a vessel section. sections 179B and other part D that is likely to sink or otherwise (5) Each non-self-propelled vessel requirements of the Federal Clean Air become a menace or obstruction to handling or carrying dangerous cargoes Act (CAA). navigation or the anchoring of other or Class 1 (explosive) materials must DATES: Written comments on proposed vessels may not occupy an anchorage, have a tug in attendance at all times rule are due on or before August 1, unless the vessel obtains a permit from while at anchor. 2003. the Captain of the Port. (6) Each vessel handling or carrying ADDRESSES: Written comments should (4) The Captain of the Port may grant dangerous cargoes or Class 1 (explosive) be addressed to Mr. Thomas H. Diggs, a revocable permit to a vessel for a materials while at anchor must display Chief, Air Planning Section (6PD–L), at habitual use of an anchorage. Only the by day a bravo flag in a prominent the EPA Region 6 Office listed below. vessel that holds the revocable permit location and by night a fixed red light. Copies of documents relevant to this may use the anchorage during the (e) Regulations for specific action are available for public period that the permit is in effect. anchorages. (1) Anchorage 1. Except inspection during normal business (5) Upon notification by the Captain when given permission by the Captain hours at the following locations. of the Port to shift its position, a vessel of the Port, a vessel may not anchor in Anyone wanting to examine these at anchor shall get underway and shall this anchorage for more than 12 hours. documents should make an move to its new designated position (2) Anchorage 3. Except when given appointment with the appropriate office within 2 hours after notification. permission by the Captain of the Port, at least two working days in advance.
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Environmental Protection Agency, extension for a final decision and Caspian Sea Expedition on the Region 6, Air Planning Section (6PD–L), re-opening of the comment period on Assess[ment] of Sturgeon Species 1445 Ross Avenue, Suite 700, Dallas, TX the proposed rule to list beluga sturgeon Stocks’’ from the Secretariat of the 75202–2377. (Huso huso) as endangered. This action Convention on International Trade in Texas Commission on Environmental is required to allow for public review of, Endangered Species of Wild Fauna and Quality, 12100 Park 35 Circle, Austin, and comment on, a report that was Flora (CITES). The report summarizes Texas 78753. recently received by the Division of the 2002 sturgeon stock-assessment FOR FURTHER INFORMATION CONTACT: Joe Scientific Authority that provides survey for the Caspian Sea. The Kordzi of the EPA Region 6 Air significant new information about the Secretariat’s report contains substantial status of Caspian Sea beluga sturgeon Planning Section, at (214) 665–7186 and information that must be considered in stocks. at the Region 6 address above. our deliberations and should be made SUPPLEMENTARY INFORMATION: In the DATES: Comments and information may available to the public. be submitted through September 2, ‘‘Rules and Regulations’’ section of this In an effort to address Caspian Sea Federal Register, EPA is approving the 2003. A final decision on the proposal will be made by January 31, 2004. sturgeon conservation issues, the so- State’s SIP revision as a direct final rule called ‘‘Paris agreement’’ was developed without prior proposal because EPA ADDRESSES: Comments, information, during the 45th meeting of the CITES views this as a noncontroversial and questions should be submitted to Standing Committee (Paris, June 2001). revision and anticipates no adverse the Chief, Division of Scientific comment. The EPA has explained its Authority; by mail, U.S. Fish and An important provision of the reasons for this approval in the Wildlife Service, 4401 North Fairfax agreement was implementation of preamble to the direct final rule. If EPA Drive, Room 750; Arlington, Virginia annual Caspian Sea sturgeon stock- receives no relevant adverse comment, 22203; by fax, 703–358–2276; or by e- assessment surveys that were to include EPA will not take further action on this mail, [email protected]. mandatory reports. The report proposed rule. If EPA receives relevant Comments will be available for public submitted by the CITES Secretariat adverse comment, EPA will withdraw inspection, by appointment, from 8 a.m. contains the results of the 2002 sturgeon the direct final rule and it will not take to 4 p.m., Monday through Friday, at stock-assessment survey. All Caspian effect. The EPA will address all public this address. Sea range nations (except the Islamic comments in a subsequent final rule FOR FURTHER INFORMATION CONTACT: Republic of Iran) participated in the based on this proposed rule. The EPA Robert R. Gabel, Chief, Division of 2002 sturgeon stock-assessment survey. will not institute a second comment Scientific Authority, at the above Our review of the 2002 survey report period on this action. Any parties address (telephone, 703–358–1708). indicates that survey parameters have interested in commenting must do so at SUPPLEMENTARY INFORMATION: On been substantially broadened and the this time. December 18, 2000, we received a scope of data collection efforts has For additional information, see the petition to list the beluga sturgeon improved considerably since direct final rule located in the ‘‘Rules (Huso huso) as endangered under the completion of the initial survey and Regulations’’ section of this Federal Endangered Species Act of 1973. In the mandated by the Paris agreement in Register. Federal Register of June 20, 2002 (67 FR 2001. The current report provides new Authority: 42 U.S.C. 7401 et seq. 41918), we published concurrent 90-day information regarding changes in beluga and 12-month findings on the petition. sturgeon feeding habits, expanded Dated: June 20, 2003. The 90-day finding stated that the toxicological studies, and increased Lawrence E. Starfield, petition presented substantial stock abundance estimates that were Acting Regional Administrator, Region 6. information indicating the requested extrapolated from the most recent raw [FR Doc. 03–16580 Filed 7–1–03; 8:45 am] action may be warranted. The 12-month data. BILLING CODE 6560–50–P finding stated the petitioned action is warranted. Subsequently, in the Federal To consider this new information, and Register of July 31, 2002 (67 FR 49657), any comments thereon, the Service has DEPARTMENT OF THE INTERIOR we published a proposed rule to list decided to extend the publication of a beluga sturgeon as endangered. In the final rule from July 31, 2003, to January Fish and Wildlife Service notice, we requested public comments 31, 2004. We will also re-open the and information by October 29, 2002, comment period until [the date 50 CFR Part 17 and we stated that requests for a public specified above in DATES], and will hearing were to be received by RIN 1018–AI 11 provide copies of the indicated September 16, 2002. The Division of document upon request. All comments Endangered and Threatened Wildlife Scientific Authority (DSA) received four and information received will be and Plants; Extension of Final requests for a public hearing. To considered in making a final decision Decision and Re-opening of Comment accommodate the requests, we on the proposal to list beluga sturgeon Period on Proposed Rule to List published a notice in the Federal as endangered, and will be included in Register on November 6, 2002 (67 FR Beluga Sturgeon (Huso huso) as the administrative record. Endangered 67586), of a public hearing to take place December 5, 2002. With that notice, we Authority: Endangered Species Act of 1973 AGENCY: Fish and Wildlife Service, extended the public comment period (16 U.S.C. 1531 et seq.). Interior. through December 28, 2002, to allow for Dated: June 11, 2003. ACTION: Proposed rule; 6-month submission of comments during, and 15 Marshall P. Jones, Jr., days after, the public hearing. extension of final decision and re- Deputy Director, Fish and Wildlife Service. opening of comment period. On March 11, 2003, we received a new document that may have major [FR Doc. 03–16724 Filed 7–1–03; 8:45 am] SUMMARY: We, the Fish and Wildlife relevance to this decision: ‘‘Report on BILLING CODE 4310–55–P Service (Service), announce a 6-month Results of Complex Interstate All-
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Notices Federal Register Vol. 68, No. 127
Wednesday, July 2, 2003
This section of the FEDERAL REGISTER This conference call is available to the Callers will incur no charge for calls contains documents other than rules or public through the following call-in using the call-in number over land-line proposed rules that are applicable to the number: 1–800–659–8304, access code connections. Persons with hearing public. Notices of hearings and investigations, number 17582212. Any interested impairments may also follow the committee meetings, agency decisions and member of the public may call this proceedings by first calling the Federal rulings, delegations of authority, filing of petitions and applications and agency number and listen to the meeting. Relay Service at 1–800–977–8339 and statements of organization and functions are Callers can expect to incur charges for providing the Service with the examples of documents appearing in this calls not initiated using the provided conference call number and access code. section. call-in number or over wireless lines To ensure that the Commission and the Commission will not refund any secures an appropriate number of lines incurred charges. Callers will incur no for the public, persons are asked to DEPARTMENT OF AGRICULTURE charge for calls using the call-in number register by contacting Malee Craft, over land-line connections. Persons Rocky Mountain Regional Office, (303) Forest Service with hearing impairments may also 866–1040 (TDD 303–866–1049), by 3 follow the proceedings by first calling p.m. (MDT) on Friday, July 18, 2003. Colville Resource Advisory Committee the Federal Relay Service at 1–800–977– The meeting will be conducted (RAC) 8339 and providing the Service with the pursuant to the provisions of the rules AGENCY: Forest Service, USDA. conference call number and access code. and regulations of the Commission. ACTION: Notice of meeting. To ensure that the Commission Dated at Washington, DC, June 20, 2003. secures an appropriate number of lines Ivy L. Davis, for the public, persons are asked to SUMMARY: The Colville Resource Chief, Regional Program Coordination Unit. Advisory Committee will meet on register by contacting Philip Montez of [FR Doc. 03–16721 Filed 7–1–03; 8:45 am] Thursday, July 17, 2003 at the Spokane the Western Regional Office, (213) 894– Community College, Colville Campus, 3437, by 3 p.m. on Tuesday, July 8, BILLING CODE 6335–01–P Monumental Room, 985 South Elm 2003. Street, Colville, Washington. The The meeting will be conducted meeting will begin at 9 a.m. and pursuant to the provisions of the rules DEPARTMENT OF COMMERCE and regulations of the Commission. conclude at 4 p.m. Agenda items Submission for OMB Review; include: (1) RAC review and Dated at Washington, DC, June 20, 2003. Comment Request recommendations of projects for Fiscal Ivy L. Davis, Year 2004 Title II Projects to Designated Chief, Regional Programs Coordination Unit. The Department of Commerce has Federal Official and (2) public forum. submitted to the Office of Management [FR Doc. 03–16722 Filed 7–1–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: and Budget (OMB) for clearance the BILLING CODE 6335–01–P Direct questions regarding this meeting following proposal for collection of to Alan Quan, Designated Federal information under the provisions of the Official or to Cynthia Reichelt, Public COMMISSION ON CIVIL RIGHTS Paperwork Reduction Act (44 U.S.C. Affairs Officer, Colville National Forest, Chapter 35). 765 S. Main, Colville, Washington Agenda and Notice of Public Meeting Agency: National Institute of 99114, (509) 684–7000. of the Colorado Advisory Committee Standards and Technology (NIST). Title: Generic Request for Program Dated: June 25, 2003. Notice is hereby given, pursuant to Evaluation Data Collections. Alan Quan, the provisions of the rules and Form Number(s): None. Designated Federal Official. regulations of the U.S. Commission on OMB Approval Number: 0693–0033. [FR Doc. 03–16675 Filed 7–1–03; 8:45 am] Civil Rights, that a conference call of the Type of Review: Regular submission. BILLING CODE 3410–11–M Colorado State Advisory Committee will Burden Hours: 3,022. convene at 9 a.m. (MDT) and adjourn at Number of Respondents: 4,000. 10 a.m. (MDT), Tuesday, July 22, 2003. Average Hours Per Response: Varied The purpose of the conference call is to dependent upon data collection. COMMISSION ON CIVIL RIGHTS discuss the status of projects and follow- However, average time is expected to be Agenda and Notice of Public Meeting up activities for the committee’s report, 30 minutes. of the Arizona Advisory Committee The Grand Junction Report: Issues of Needs and Uses: NIST proposes to Equality in the Mesa Valley. conduct surveys designed to evaluate Notice is hereby given, pursuant to This conference call is available to the current programs from a customer the provisions of the rules and public through the following call-in prospective. The surveys will offer regulations of the U.S. Commission on number: 1–800–659–1081; access code: customers the opportunity to express Civil Rights, that a conference call of the 17582292. Any interested member of the views on the programs they are asked to Arizona State Advisory Committee in public may call this number and listen evaluate. Use of these types of data the Western Region will convene at 12 to the meeting. Callers can expect to collections will present NIST with a p.m. (PDT) and adjourn at 1 p.m., incur charges for calls not initiated measure of the economic impact of Wednesday, July 9, 2003. The purpose using the supplied call-in number or products, services, or assistance of the conference call is to discuss a over wireless lines and the Commission provided by NIST and will give NIST resolution concerning the Patriot Act. will not refund any incurred charges. customers a mechanism to suggest how
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programs may be improved and then to Frequency: On occasion. suit against eighteen Federal agencies, provide valuable strategic input on Respondent’s Obligation: Voluntary. including DoC, in the United States enhancing the future direction of NIST OMB Desk Officer: Jacqueline Zeiher, District Court for the Northern District programs. (202) 395–4638. of California, alleging noncompliance Affected Public: Business or for-profit Copies of the above information with EPAct’s provisions regarding organizations, not-for-profit institutions, collection proposal can be obtained by Federal fleets. On July 26, 2002, the and individuals or households. calling or writing Diana Hynek, court ordered that the named Federal Frequency: On occasion. Departmental Paperwork Clearance agencies prepare and submit overdue Respondent’s Obligation: Voluntary. Officer, (202) 482–0266, Department of reports to Congress outlining their AFV OMB Desk Officer: Jacqueline Zeiher, Commerce, Room 6625, 14th and acquisitions for FY 1999, FY 2000, and (202) 395–4638. Constitution Avenue, NW., Washington, FY 2001. Copies of the above information DC 20230 (or via the Internet at The court ordered each of the collection proposal can be obtained by [email protected]). eighteen Federal agencies to post their calling or writing Diana Hynek, Written comments and reports on their website and Departmental Paperwork Clearance recommendations for the proposed individually publish the availability of Officer, (202) 482–0266, Department of information collection should be sent their reports in the Federal Register no Commerce, Room 6625, 14th and within 30 days of publication of this later than January 31, 2003. DoC Constitution Avenue, NW., Washington, notice to David Rostker, OMB Desk complied with the court order (67 FR DC 20230 (or via the Internet at Officer, Room 10202, New Executive 77743.) [email protected]). Office Building, Washington, DC 20503. On April 24, 2003, the Center for Written comments and Dated: June 25, 2003. Biological Diversity filed a motion for recommendations for the proposed Gwellnar Banks, contempt alleging that the named information collection should be sent agencies including DoC had not within 30 days of publication of this Management Analyst, Office of the Chief Information Officer. complied with all EPAct requirements. notice to David Rostker, OMB Desk Negotiations between the plaintiffs and [FR Doc. 03–16637 Filed 7–1–03; 8:45 am] Officer, Room 10202, New Executive defendants resulted in a joint Office Building, Washington, DC 20503. BILLING CODE 3510–13–P stipulation withdrawing their motion Dated: June 25, 2003. for contempt if the named Federal Gwellnar Banks, DEPARTMENT OF COMMERCE agencies post their AFV Compliance Management Analyst, Office of the Chief Reports for Fiscal Year 2002 on their Information Officer. Office of the Secretary respective websites and publish the [FR Doc. 03–16636 Filed 7–1–03; 8:45 am] availability of the report in the Federal [Docket Number: 030624160–3160–01] Register no later than June 30, 2003. BILLING CODE 3510–13–P Posting of the FY 2002 Alternative Fuel The AFV reports must contain a section Vehicle Report on the Department of on compliance with EPAct. DEPARTMENT OF COMMERCE Commerce Website Authority: Pub. L. 102–486, Title III, Sec. 310, Oct. 24, 1992, 106 Stat. 2874. Submission for OMB Review; AGENCY: Department of Commerce. Denise L. Wells, Comment Request ACTION: Notice. Acting Director for Administrative Services. The Department of Commerce has SUMMARY: This notice announces the [FR Doc. 03–16649 Filed 7–1–03; 8:45 am] submitted to the Office of Management availability of the Department of BILLING CODE 3510–03–P and Budget (OMB) for clearance the Commerce’s (DoC) alternative fuel following proposal for collection of vehicle (AFV) report for FY 2002 as information under the provisions of the required by the Energy Policy Act of DEPARTMENT OF COMMERCE Paperwork Reduction Act (44 U.S.C. 1992 (EPAct). Foreign-Trade Zones Board Chapter 35). ADDRESSES: Interested persons can Agency: National Institute of obtain copies of the AFV reports from [Docket 32–2003] Standards and Technology (NIST). Mauryce Johnson at U.S. Department of Title: Generic Clearance for Usability Commerce, 1401 Constitution Avenue, Foreign-Trade Zone 52—Suffolk Data Collections. NW., Washington, DC 20230 or on the County, NY, Application for Subzone Form Number(s): None. internet at http://www.osec.doc.gov/oas/ Status, Festo Corporation Facilities OMB Approval Number: None. fleet.htm. (Pneumatic Industrial Automation Type of Review: Regular submission. Components), Hauppauge, NY Burden Hours: 2,000. FOR FURTHER INFORMATION CONTACT: Number of Respondents: 2,000. Mauryce Johnson, 202–482–8246. An application has been submitted to Average Hours Per Response: 1 hour. SUPPLEMENTARY INFORMATION: The the Foreign-Trade Zones Board (the Needs and Uses: NIST will conduct Energy Policy Act of 1992 (EPAct) Board) by Suffolk County, New York, information collections of usability data requires that AFV reports for FY 1999 grantee of FTZ 52, requesting special- involving usage of technological devices and beyond be made public, placing purpose subzone status for the (such as web sites, handheld computers, them on a publicly available Web site pneumatic industrial automation cell phones, and robots). This and publishing notice of their components manufacturing facilities of information will enable NIST availability, including the Web site Festo Corporation (Festo) (a subsidiary researchers to study human-computer address, in the Federal Register. The of Festo AG, of Germany), located in interactions and help establish purpose of this notice is to comply with Hauppauge, New York. The application guidelines and standards for more the EPAct requirements. was submitted pursuant to the effective and efficient interactions. Earthjustice, on behalf of the Center provisions of the Foreign-Trade Zones Affected Public: Individuals or for Biological Diversity, the Bluewater Act, as amended (19 U.S.C. 81a–81u), households. Network, and the Sierra Club, brought and the regulations of the Board (15 CFR
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part 400). It was formally filed on June becomes operational. The application Dated: June 25, 2003. 23, 2003. indicates that subzone status would Dennis Puccinelli, The proposed subzone would include help improve the facilities’ international Executive Secretary. Festo’s two manufacturing facilities competitiveness. [FR Doc. 03–16672 Filed 7–1–03; 8:45 am] located in Suffolk County, Long Island: In accordance with the Board’s BILLING CODE 3510–DS–P Site 1 (8 acres/99,000 sq. ft.)—located at regulations, a member of the FTZ Staff 395 Moreland Road, Hauppauge, New has been designated examiner to York; and, Site 2 (5 acres/53,000 sq. investigate the application and report to DEPARTMENT OF COMMERCE ft.)—located at 430 Wireless Boulevard, the Board. Hauppauge, about one quarter of a mile Public comment on the application is Bureau of Industry and Security to the east of Site 1. The facilities (200 invited from interested parties. employees) are used to produce Submissions (original and three copies) Materials Technical Advisory pneumatic industrial automation shall be addressed to the Board’s Committee; Notice of Partially Closed components, including pneumatic Executive Secretary at the following Meeting cylinders, pneumatic valves and valve addresses: manifolds, and pneumatic and 1. Submissions via Express/Package The Materials Technical Advisory electronic integrated control systems Delivery Services: Foreign-Trade Zones Committee will meet on July 17, 2003, (HTSUS 8412.31, 8481.20, 8537.10, Board, U.S. Department of Commerce, 10:30 a.m., Herbert C. Hoover Building, 8428.90), and to distribute similar Franklin Court Building—Suite 4100W, Room 3407, 14th Street between imported components for export and the 1099 14th Street, NW., Washington, DC Constitution & Pennsylvania Avenues, U.S. market. The manufacturing process 20005; or, NW., Washington, DC. The Committee at the facilities involves machining, 2. Submissions via the U.S. Postal advises the Office of the Assistant assembly, and testing of up to 130,000 Service: Foreign-Trade Zones Board, Secretary for Industry and Security with units annually. Components purchased U.S. Department of Commerce, FCB– respect to technical questions that affect from abroad (about 40% of finished 4100W, 1401 Constitution Ave., NW., the level of export controls applicable to component value) used in Washington, DC 20230. materials and related technology. manufacturing include: Greases, plastic The closing period for their receipt is Agenda gaskets/profiles/tubes/rolls/sheet/boxes, September 2, 2003. Rebuttal comments belts, rubber tubes and o-rings, in response to material submitted Public Session packaging material, casters, base metal during the foregoing period may be 1. Opening remarks and mountings, flex tubing, clasps, submitted during the subsequent 15-day introductions. period (to September 15, 2003). hydraulic engines, pumps, air 2. Presentation of papers and A copy of the application will be compressors, wooden pins/dowels, comments by the public. stainless and alloy steel products (must available for public inspection at the be admitted under privileged foreign Office of the Foreign-Trade Zones 3. Review and discussion of proposals status (19 CFR 146.41)), fasteners, Board’s Executive Secretary at address for addition of the following precursor springs, washers, articles of aluminum, No.1 listed above and at the U.S. chemicals to the control list: • air dryers and purifiers, sprayers and Department of Commerce Export Methylphosphonic acid CAS #993– related parts, pneumatic and hydraulic Assistance Center, 40th Floor, 20 13–5. valves, regulators, ballcocks, bearings, Exchange Place, New York, NY 10005. • Diethyl methylphosphonate CAS transmissions, transmission/crankshafts, #683–08–9. Dated: June 24, 2003. • flanges, gears, clutches, couplings, Dennis Puccinelli, N, N-Dimethylamino chains, sprockets, electrical connectors, phosphoryldichloride DAS #677–43–0. Executive Secretary. motors, generators, transformers, • Tri-isopropylphosphite CAS #116– [FR Doc. 03–16671 Filed 7–1–03; 8:45 am] converters, magnets, lithium batteries, 17–6. BILLING CODE 3510–DS–P capacitors, printed circuit boards, fuses, • Ethyldiethanolamine CAS #139– relays, switches, lampholders/sockets, 87–7. panel/distribution boards, controllers, DEPARTMENT OF COMMERCE • O,O-Diethyl phosphorodithioate circuit breakers, diodes, conductors, CAS #2465–65–8. fiber optic cable, and liquid meters Foreign-Trade Zones Board • Sodium hexafluorosilicate CAS (2003 duty rate range: Free—24%). [Dockets 39–2002, 40–2002, 41–2002, 42– #16893–85–9. FTZ procedures would exempt Festo • from Customs duty payments on the 2002, 43–2002, 44–2002, 45–2002, 46–2002, Potassium hexafluorosilicate CAS foreign component inputs used in 47–2002, 48–2002] #16871–90–2. 4. Presentation and discussion of a export production. On its domestic sales Withdrawal of Applications for and exports to NAFTA markets, the proposed liberalization of export Subzone Status for Flint Ink North controls applicable to pharmaceutical company would be able to choose the America Corporation Plants duty rate that applies to finished preparations of controlled toxins. industrial automation components Notice is hereby given of the 5. Review and discussion of proposals (free—2.7%) for the foreign-sourced withdrawal of the applications to add CWC Schedule 2A and Schedule inputs noted above. Festo would be able requesting special-purpose subzone 3A chemicals to the AG common to defer Customs duty payments on the status for the ten Flint Ink North control lists. The Schedule 2A foreign-origin finished industrial America Corporation plants. The chemicals are amiton (CAS #78–53–5), automation components that would be applications were filed on October 7, PFIB (CAS #382–21–8), and BZ (CAS admitted to the proposed subzone for 2002 (66 FR 64088–64096, 10/17/02). #6581–06–2). The Schedule 3A U.S. distribution. Duties would be The withdrawal was requested chemicals are phosgene (CAS #75–44– deferred or reduced on foreign because of changed circumstances, and 5), cyanogen chloride (CAS #506–77–4), production equipment admitted to the the cases have been closed without hydrogen cyanide (CAS #74–90–8), and proposed subzone until which time it prejudice. chloropicrin (CAS #76–06–2).
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Closed Session DATES: Written comments must be IV. Request for Comments 6. Discussion of matters properly submitted on or before September 2, Comments are invited on (a) Whether classified under Executive Order 12958, 2003. the proposed collection of information dealing with U.S. export control ADDRESSES: Direct all written comments is necessary for the proper performance programs and strategic criteria related to Diana Hynek, Departmental of the functions of the agency, including thereto. Paperwork Clearance Officer, whether the information shall have A limited number of seats will be Department of Commerce, Room 6625, practical utility; (b) the accuracy of the available during the public session of 14th & Constitution Avenue, NW., agency’s estimate of the burden the meeting. Reservations are not Washington, DC 20230 (or via the (including hours and costs) of the accepted. To the extent time permits, Internet at [email protected]). proposed collection of information; (c) members of the public may present oral FOR FURTHER INFORMATION CONTACT: ways to enhance the quality, utility, and statements to the Committee. Written Request for additional information or clarity of the information to be statements may be submitted at any copies of the information collection collected; and (d) ways to minimize the time before or after the meeting. instrument and instructions should be burden of the collection of information However, to facilitate distribution of on respondents, including through the public presentation materials to directed to Stephen Madden, International Trade Administration, use of automated collection techniques Committee members, the materials or forms of information technology. should be forwarded prior to the Advocacy Center, (202) 482–3896 or [email protected]. Comments submitted in response to meeting to the address below: Ms. Lee this notice will be summarized and/or Ann Carpenter, OSIES/EA/BIS MS: SUPPLEMENTARY INFORMATION: included in the request for OMB 3876, U.S. Department of Commerce, 14 I. Abstract approval of this information collection; St. & Constitution Ave., NW., they also will become a matter of public Washington, DC 20230. The International Trade record. The Assistant Secretary for Administration’s Advocacy Center Dated: June 25, 2003. Administration, with the concurrence of marshals federal resources to assist U.S. the delegate of the General Counsel, firms competing for foreign government Gwellnar Banks, formally determined on February 6, procurements worldwide. The Management Analyst, Office of the Chief 2002, pursuant to section 10(d) of the Advocacy Center is under the umbrella Information Officer. Federal Advisory Committee Act, as of the Trade Promotion Coordination [FR Doc. 03–16638 Filed 7–1–03; 8:45 am] amended, that the series of meetings or Committee (TPCC), which is chaired by BILLING CODE 3510–FP–P portions of meetings of the Committee the Secretary of Commerce and includes and of any Subcommittee thereof 19 federal agencies involved in export dealing with the classified materials promotion. The mission of the DEPARTMENT OF COMMERCE listed in 5 U.S.C. 552(c)(1) shall be Advocacy Center is to promote U.S. International Trade Administration exempt from the provisions relating to exports and create U.S. jobs and public meetings found in section coordinate U.S. Government (USG) Antidumping or Countervailing Duty 10(a)(1) and (a)(3) of the Federal advocacy among the TPCC. The purpose Order, Finding, or Suspended Advisory Committee Act. The remaining of the questionnaire is to collect the Investigation; Opportunity To Request series of meetings or portions thereof necessary information to make an Administrative Review will be open to the public. For more evaluation as to whether a firm qualifies information, call Lee Ann Carpenter at for senior-level USG support, in the AGENCY: Import Administration, (202) 482–2583. form of attendance at an event including International Trade Administration, Dated: June 26, 2003. witnessing a commercial agreement Department of Commerce. Lee Ann Carpenter, signing. The event could be a company ACTION: Notice of opportunity to request Committee Liaison Officer. sponsored activity or a foreign or USG administrative review of antidumping or countervailing duty order, finding, or [FR Doc. 03–16634 Filed 7–1–03; 8:45 am] sponsored event to highlight a commercial trade success for more than suspended investigation. BILLING CODE 3510–JT–M one firm. Without this information we will be unable to determine if a U.S. Background DEPARTMENT OF COMMERCE firm is eligible for USG support for the Each year during the anniversary firm’s role in the event. month of the publication of an International Trade Administration II. Method of Collection antidumping or countervailing duty order, finding, or suspension of Proposed Information Collection; Form ITA–4136P is sent to U.S. firms investigation, an interested party, as Comment Request; U.S. Government that request USG advocacy assistance. defined in section 771(9) of the Tariff Trade Event Information Request III. Data Act of 1930, as amended, may request, ACTION: Notice. in accordance with section 351.213 OMB Number: 0625–0238. (2002) of the Department of Commerce SUMMARY: The Department of Form Number: ITA–4136P. (the Department) Regulations, that the Commerce, as part of its continuing Type of Review: Regular submission. Department conduct an administrative effort to reduce paperwork and Affected Public: Business or other-for- review of that antidumping or respondent burdens, invites the general profit organizations. countervailing duty order, finding, or public and other Federal agencies to Estimated Number of Respondents: suspended investigation. take this opportunity to comment on the 50. Opportunity to Request a Review: Not continuing information collections, as Estimated Time Per Response: 1 hour. later than the last day of July 2003, required by the Paperwork Reduction Estimated Total Annual Burden interested parties may request Act of 1995, Public Law 104–13 (44 Hours: 50. administrative review of the following U.S.C. 3506 (2) (A)). Estimated Total Annual Costs: $1,750. orders, findings, or suspended
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investigations, with anniversary dates in July for the following periods:
Period
Antidumping Duty Proceedings Belarus: Solid Urea, A–822–801 ...... 7/1/02–6/30/03 Brazil: Industrial Nitrocellulose, A–351–804 ...... 7/1/02–6/30/03 Silicon Metal, A–351–806 ...... 7/1/02–6/30/03 Chile: Fresh Atlantic Salmon, A–337–803 ...... 7/1/02–6/30/03 IQF Red Raspberries, A–337–806 ...... 12/31/01–6/30/03 Estonia: Solid Urea, A–447–801 ...... 7/1/02–6/30/03 France: Stainless Steel Sheet and Strip in Coils, A–427–814 ...... 7/1/02–6/30/03 Germany: Industrial Nitrocellulose, A–428–803 ...... 7/1/02–6/30/03 Stainless Steel Sheet and Strip in Coils, A–428–825 ...... 7/1/02–6/30/03 India: Polyethylene Terephthalate (Pet) Film, A–533–824 ...... 12/21/01–6/30/03 Iran: In-Shell Pistachio Nuts, A–507–502 ...... 7/1/02–6/30/03 Italy: Certain Pasta, A–475–818 ...... 7/1/02–6/30/03 Stainless Steel Sheet and Strip in Coils, A–475–824 ...... 7/1/02–6/30/03 Japan: Cast Iron Pipe Fittings, A–588–605 ...... 7/1/02–6/30/03 Clad Steel Plate, A–588–838 ...... 7/1/02–6/30/03 Industrial Nitrocellulose, A–588–812 ...... 7/1/02–6/30/03 Stainless Steel Sheet and Strip in Coils, A–588–845 ...... 7/1/02–6/30/03 Lithuania: Solid Urea, A–451–801 ...... 7/1/02–6/30/03 Mexico: Stainless Steel Sheet and Strip in Coils, A–201–822 ...... 7/1/02–6/30/03 Republic of Korea: Industrial Nitrocellulose, A–580–805 ...... 7/1/02–6/30/03 Stainless Steel Sheet and Strip in Coils, A–580–834 ...... 7/1/02–6/30/03 Romania: Solid Urea, A–485–601 ...... 7/1/02–6/30/03 Russia: Ferrovanadium and Nitrided Vanadium, A–821–807 ...... 7/1/02–6/30/03 Solid Urea, A–821–801 ...... 7/1/02–6/30/03 Tajikistan: Solid Urea, A–842–801 ...... 7/1/02–6/30/03 Taiwan: Stainless Steel Sheet and Strip in Coils, A–583–831 ...... 7/1/02–6/30/03 Thailand: Butt-Weld Pipe Fittings, A–549–807 ...... 7/1/02–6/30/03 Canned Pineapple, A–549–813 ...... 7/1/02–6/30/03 Furfuryl Alcohol, A–549–812 ...... 7/1/02–6/30/03 The People’s Republic of China: Bulk Aspirin, A–570–853 ...... 7/1/02–6/30/03 Carbon Steel Butt-Weld Pipe Fittings, A–570–814 ...... 7/1/02–6/30/03 Industrial Nitrocellulose, A–570–802 ...... 7/1/02–6/30/03 Persulfates, A–570–847 ...... 7/1/02–6/30/03 Sebacic Acid, A–570–825 ...... 7/1/02–6/30/03 The United Kingdom: Industrial Nitrocellulose, A–412–803 ...... 7/1/02–6/30/03 Stainless Steel Sheet and Strip in Coils, A–412–818 ...... 7/1/02–6/30/03 Turkmenistan: Solid Urea, A–843–801 ...... 7/1/02–6/30/03 Turkey: Certain Pasta, A–489–805 ...... 7/1/02–6/30/03 Ukraine: Solid Urea, A–823–801 ...... 7/1/02–6/30/03 Uzbekistan: Solid Urea, A–844–801 ...... 7/1/02–6/30/03 Countervailing Duty Proceedings European Economic Community: Sugar, C–408–046 ...... 1/1/02–12/31/02 India: Polyethylene Terephthalate (Pet) Film, C–533–825 ...... 1/1/02–12/31/02 Italy: Certain Pasta, C–475–819 ...... 1/1/02–12/31/02 Turkey: Certain Pasta, C–489–806 ...... 1/1/02–12/31/02 Suspension Agreements Brazil: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products, C–351–829 ...... 1/1/02–12/31/02 Russia: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products, A–821–809 ...... 1/1/02–12/31/02 Ammonium Nitrate 1, A–821–811 ...... 1/1/02–12/31/02 1 This case is a suspension agreement. It was inadverently listed as an antidumping duty order in the opportunity notice published on June 2, 2003 (68 FR 32727).
In accordance with section 351.213(b) review, and the requesting party must specifically, on an order-by-order basis, of the regulations, an interested party as state why it desires the Secretary to which exporter(s) the request is defined by section 771(9) of the Act may review those particular producers or intended to cover. request in writing that the Secretary exporters. If the interested party intends As explained in Antidumping and conduct an administrative review. For for the Secretary to review sales of Countervailing Duty Proceedings: both antidumping and countervailing merchandise by an exporter (or a Assessment of Antidumping Duties, 69 duty reviews, the interested party must producer if that producer also exports FR 23954 (May 6, 2003), the Department specify the individual producers or merchandise from other suppliers) has clarified its practice with respect to exporters covered by an antidumping which were produced in more than one the collection of final antidumping finding or an antidumping or country of origin and each country of duties on imports of merchandise where countervailing duty order or suspension origin is subject to a separate order, then intermediate firms are involved. The agreement for which it is requesting a the interested party must state public should be aware of this
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clarification in determining whether to ACTION: Initiation of Antidumping Duty the manufacture of letterpress and request an administrative review of Investigation. lithographic printing inks. The presence merchandise subject to antidumping of additives, such as surfactants, findings and orders. See also the Import EFFECTIVE DATE: July 2, 2003. antioxidants, wetting agents, and driers, Administration Web site at http:// FOR FURTHER INFORMATION CONTACT: in the subject pigment dispersions does www.ia.ita.doc.gov. Katherine Johnson at (202) 482–4929 or not exclude them from the scope of this Six copies of the request should be Rebecca Trainor at (202) 482–4007, investigation. submitted to the Assistant Secretary for Import Administration, International Excluded from the scope of this Import Administration, International Trade Administration, U.S. Department investigation are dry powder pigments Trade Administration, Room 1870, U.S. of Commerce, 14th Street and and pigment press cakes, as well as Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, water and flammable solvent based Constitution Avenue, NW., Washington, DC 20230. colored pigment dispersions, which DC 20230. The Department also asks typically are used in manufacturing parties to serve a copy of their requests Initiation of Investigation liquid or fluid inks. Also excluded is to the Office of Antidumping/ The Petition Countervailing Enforcement, Attention: Yellow 75, which is typically used to On June 5, 2003, the Department of make the yellow paint to line roads. Sheila Forbes, in room 3065 of the main Commerce (‘‘the Department’’) received The merchandise subject to this Commerce Building. Further, in a petition filed in proper form by Apollo investigation is classifiable under accordance with section 351.303(f)(l)(i) Colors Inc., General Press Colors, Ltd., subheadings 3204.17.6020 (Pigment of the regulations, a copy of each Magruder Color Company, Inc., and Sun request must be served on every party Chemical Corporation (collectively, ‘‘the Blue 15:4), 3204.17.6085 (Pigments Red on the Department’s service list. petitioners’’). The Department received 48:1, Red 48:2, Red 48:3, and Yellow The Department will publish in the petition supplements on June 16, 18 and 174), 3204.17.9005 (Pigment Blue 15:3), Federal Register a notice of ‘‘Initiation 20, 2003. 3204.17.9010 (Pigment Green 7), of Administrative Review of In accordance with section 732(b)(1) 3204.17.9015 (Pigment Green 36), Antidumping or Countervailing Duty of the Tariff Act of 1930 (‘‘the Act’’), as 3204.17.9020 (Pigment Red 57:1), Order, Finding, or Suspended amended, the petitioners allege that 3204.17.9045 (Pigment Yellow 12), Investigation’’ for requests received by imports of certain colored synthetic 3204.17.9050 (Pigment Yellow 13), the last day of July 2003. If the organic oleoresinous pigment 3204.17.9055 (Pigment Yellow 74), and Department does not receive, by the last dispersions (‘‘colored pigment 3204.17.90861 (Pigments Red 22, Red day of July 2003, a request for review of dispersions’’) from India are being, or 48:4, Red 49:1, Red 49:2, Red 52:1, Red entries covered by an order, finding, or are likely to be, sold in the United States 53:1, Yellow 14, and Yellow 83) of the suspended investigation listed in this at less than fair value within the Harmonized Tariff Schedule of the notice and for the period identified meaning of section 731 of the Act, and United States (‘‘HTS’’). Although the above, the Department will instruct the that imports from India are materially HTS subheadings are provided for Customs Service to assess antidumping injuring, or are threatening to materially convenience and customs purposes, the or countervailing duties on those entries injure, an industry in the United States. written description of the merchandise at a rate equal to the cash deposit of (or The Department finds that the under investigation is dispositive. bond for) estimated antidumping or petitioners filed this petition on behalf countervailing duties required on those As discussed in the preamble to the of the domestic industry because they Department’s regulations (Antidumping entries at the time of entry, or are interested parties as defined in withdrawal from warehouse, for Duties; Countervailing Duties; Final section 771(9)(C) of the Act and they Rule, 62 FR 27296, 27323 (May 19, consumption and to continue to collect have demonstrated sufficient industry the cash deposit previously ordered. 1997)), we are setting aside a period for support with respect to the antidumping parties to raise issues regarding product This notice is not required by statute investigation that they are requesting but is published as a service to the coverage. The Department encourages the Department to initiate. See infra, all parties to submit such comments international trading community. ‘‘Determination of Industry Support for within 20 calendar days of publication Dated: June 26, 2003. the Petition.’’ of this notice. Comments should be Holly A. Kuga, Scope of Investigation addressed to Import Administration’s Acting Deputy Assistant Secretary, Group II Central Records Unit, Room 1870, U.S. for Import Administration. The products covered by this investigation are colored synthetic Department of Commerce, 14th Street [FR Doc. 03–16730 Filed 7–1–03; 8:45 am] and Constitution Avenue, NW, BILLING CODE 3510–DS–P organic pigment dispersions containing pigments classified in either the Azo or Washington, DC 20230. The period of Phthalocyanine chemical classes that scope consultations is intended to provide the Department with ample DEPARTMENT OF COMMERCE have been dispersed in an oleoresinous varnish comprised of various opportunity to consider all comments International Trade Administration combinations of solvents, oils and and consult with parties prior to the resins. The subject pigment dispersions issuance of the preliminary [A–533–836] are commonly known as ‘‘flush’’ or determination. Notice of Initiation of Antidumping ‘‘flushed color,’’ but the base form of the Period of Investigation Duty Investigation: Certain Colored subject pigment dispersions is also Synthetic Organic Oleoresinous included in the scope of this The anticipated period of Pigment Dispersions from India investigation. The subject pigment investigation is April 1, 2002, through dispersions are a thick putty or paste March 31, 2003. AGENCY: Import Administration, that contain by weight typically 20 International Trade Administration, percent or more pigment dispersed in 1 Prior to July 2002, this number was Department of Commerce. the varnish, and are used primarily for 3204.17.9085.
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Determination of Industry Support for Section 771(10) of the Act defines the support for or opposition to the petition. the Petition domestic like product as ‘‘a product Thus, the requirements of section Section 732(b)(1) of the Act requires which is like, or in the absence of like, 732(c)(4)(A)(ii) of the Act also are met. that a petition be filed on behalf of the most similar in characteristics and uses Accordingly, the Department domestic industry. Section 732(c)(4)(A) with, the article subject to an determines that the petition was filed on of the Act provides that the investigation under this title.’’ Thus, the behalf of the domestic industry within reference point from which the Department’s industry support the meaning of section 732(b)(1) of the domestic like product analysis begins is determination, which is to be made Act. For more information on our ‘‘the article subject to an investigation,’’ before the initiation of the investigation, analysis and the data upon which we i.e., the class or kind of merchandise to be based on whether a minimum relied, see Import Administration AD/ be investigated, which normally will be percentage of the relevant industry CVD Enforcement Initiation Checklist the scope as defined in the petition. (‘‘Initiation Checklist’’), Industry supports the petition. A petition meets With regard to the definition of this requirement if the domestic Support section and Attachment II, domestic like product, the petitioner dated June 25, 2003, on file in the producers or workers who support the does not offer a definition of domestic petition account for: (1) At least 25 Central Records Unit of the main like product distinct from the scope of Department of Commerce building. percent of the total production of the the investigation. Based on our analysis domestic like product; and (2) more of the information presented by the Constructed Export Price and Normal than 50 percent of the production of the petitioners, we have determined that Value domestic like product produced by that there is a single domestic like product, portion of the industry expressing The following are descriptions of the colored pigment dispersions, which is allegations of sales at less than fair value support for, or opposition to, the defined in the ‘‘Scope of Investigation’’ petition. Moreover, section 732(c)(4)(D) upon which the Department based its section above, and we have analyzed decision to initiate this investigation. of the Act provides that, if the petition industry support in terms of this does not establish support of domestic The sources of data for the deductions domestic like product. and adjustments relating to U.S. price, producers or workers accounting for In their initial petition and constructed value (‘‘CV’’), and factors of more than 50 percent of the total subsequent submissions, the petitioners production are discussed in greater production of the domestic like product, state that they comprise over 50 percent detail in the Initiation Checklist. Should the Department shall: (i) poll the of U.S. colored pigment dispersions the need arise to use any of this industry or rely on other information in production. The petition identifies nine information as facts available under order to determine if there is support for additional U.S. companies engaged in section 776 of the Act in our the petition, as required by the production of colored pigment subparagraph (A), or (ii) determine dispersions, none of which have taken preliminary or final determination, we industry support using a statistically a position on (either for or against) the may re-examine the information and valid sampling method. petition. Through data provided by the revise the margin calculations, if Section 771(4)(A) of the Act defines petitioners and our own independent appropriate. the ‘‘industry’’ as the producers of a research, we have determined that the Constructed Export Price domestic like product. Thus, to colored pigment dispersions production determine whether a petition has the of these nine companies is not high The petitioners alleged that the requisite industry support, the statute enough to place the petitioners’ industry subject colored pigment dispersions directs the Department to look to support in jeopardy. Based on all produced in India by Hindustan Inks producers and workers who produce the available information, we agree that the and Resins Ltd. (‘‘Hindustan’’) (i.e., the domestic like product. The International petitioners comprise over 50 percent of largest Indian producer named in the Trade Commission (‘‘ITC’’), which is all domestic colored pigment petition) were sold in the United States responsible for determining whether dispersions production. through its affiliate Micro Inks. ‘‘the domestic industry’’ has been Our review of the data provided in the Therefore, the petitioners based U.S. injured, must also determine what petition and other information readily price on constructed export price constitutes a domestic like product in available to the Department indicates (‘‘CEP’’). According to the data provided order to define the industry. While both that the petitioners have established by the petitioners, in the United States the Department and the ITC must apply industry support representing over 50 Micro Inks sells the subject colored the same statutory definition regarding percent of total production of the pigment dispersions imported from the domestic like product (section domestic like product, requiring no Hindustan in the flush form as imported 771(10) of the Act), they do so for further action by the Department and as further manufactured into different purposes and pursuant to a pursuant to section 732(c)(4)(D) of the printing ink. The petitioners based CEP separate and distinct authority. In Act. In addition, the Department prices for colored pigment dispersions addition, the Department’s received no opposition to the petition sold as imported on invoice prices determination is subject to limitations of from domestic producers of the like adjusted for movement expenses, time and information. Although this product. Therefore, the domestic indirect selling expenses, and CEP may result in different definitions of the producers or workers who support the profit. The CEP prices for further like product, such differences do not petition account for at least 25 percent manufactured colored pigment render the decision of either agency of the total production of the domestic dispersions were based on Micro Inks’ contrary to the law.2 like product, and the requirements of listed prices for printing ink adjusted for section 732(c)(4)(A)(I) of the Act are movement expenses, indirect selling 2 See USEC, Inc. v. United States, 132 F. Supp. met. Furthermore, the domestic expenses, CEP profit and further 2d 1, 8 (Ct. Int’l Trade 2001), citing Algoma Steel producers or workers who support the manufacturing costs. For margin Corp. Ltd. v. United States, 688 F. Supp. 639, 642– petition account for more than 50 calculation purposes, we excluded one 44 (Ct. Int’l Trade 1988) (‘‘the ITC does not look behind ITA’s determination, but accepts ITA’s percent of the production of the of the three prices for the sale of flush determination as to which merchandise is in the domestic like product produced by that colored pigment dispersions because we class of merchandise sold at LTFV’’). portion of the industry expressing were unable to definitively determine
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from the invoice if the sale was to a U.S. The petitioners contend that the Dated: June 25, 2003. customer. industry’s injured condition is evident Joseph A. Spetrini, in the declining trends in net operating Normal Value Acting Assistant Secretary for Import profits, net sales volumes, profit-to-sales Administration. The petitioners alleged that neither ratios, and production employment. The [FR Doc. 03–16669 Filed 7–1–03; 8:45 am] India nor any third country constitutes allegations of injury and causation are BILLING CODE 3510–DS–P a viable market on which to base normal supported by relevant evidence value (‘‘NV’’). Therefore, the petitioners including U.S. import data, lost sales, based NV on CV, using the factors of and pricing information. We have DEPARTMENT OF COMMERCE production of one of the petitioners, but assessed the allegations and supporting incorporating values derived largely evidence regarding material injury and International Trade Administration from publicly available Indian data. causation, and we have determined that [A-588–810] Specifically, the petitioners used the these allegations are properly supported U.S. producer’s own consumption rates by adequate evidence and meet the Mechanical Transfer Presses From for raw materials, direct labor, statutory requirements for initiation. See Japan: Final Results of Antidumping electricity, natural gas and water, and the Initiation Checklist. Duty Administrative Review. applied either publicly available Indian prices or the U.S. producer’s own costs. Initiation of Antidumping Investigation AGENCY: Import Administration, For certain raw materials and electricity, Based upon our examination of the International Trade Administration, natural gas and water, the petitioners petition on certain colored synthetic Department of Commerce. relied upon average market prices organic oleoresinous pigment SUMMARY: On March 7, 2003, the obtained from publically available dispersions from India, we have found Department of Commerce (the sources. To adjust the U.S. producer’s that it meets the requirements of section Department) published the preliminary costs associated with direct labor, the 732 of the Act. Therefore, we are results of its administrative review of petitioners relied upon the Indian labor initiating an antidumping duty the antidumping duty order on rate found on the Import Administration investigation to determine whether mechanical transfer presses (MTPs) website. To calculate overhead, selling, imports of certain colored synthetic from Japan (68 FR 11039). This review general and administrative expense, and organic oleoresinous pigment covers shipments of this merchandise to financial expense, the petitioners relied dispersions from India are being, or are the United States during the period of upon amounts reported in the fiscal year likely to be, sold in the United States at February 1, 2001 through January 31, 2002 financial statements of Hindustan. less than fair value. Unless this deadline 2002. The petitioners included in CV an is extended pursuant to section We gave interested parties an amount for profit which was based on 733(b)(1)(A) of the Act, we will make opportunity to comment on our the profit from Hindustan’s fiscal year our preliminary determination no later preliminary results. We received a letter 2002 financial statements. The than 140 days after the date of this from the respondent stating that it had petitioners converted NV into U.S. initiation. no comments. We received no other comments. dollars using the exchange rates posted Distribution of Copies of the Petition on the Department’s website. EFFECTIVE DATE: July 2, 2003. In accordance with section The estimated dumping margins in FOR FURTHER INFORMATION CONTACT: 732(b)(3)(A) of the Act, a copy of the the petition for flush form based on a Jacqueline Arrowsmith or Doug public version of the petition has been comparison between CEP and CV range Campau, Office of Antidumping/ 3 provided to the representatives of the from 138 percent to 677 percent. The Countervailing Duty Enforcement VII, Government of India. We will attempt to estimated dumping margins in the Import Administration, International provide a copy of the public version of petition for further manufactured Trade Administration, U.S. Department the petition to each exporter named in colored pigment dispersions based on a of Commerce, 14th Street and the petition, as provided for under 19 comparison between CEP and CV range Constitution Avenue, NW, Washington, CFR 351.203(C)(2). from 189 percent to 685 percent. DC 20230; telephone (202) 482–5255 or Fair Value Comparisons ITC Notification (202) 482–1395, respectively. SUPPLEMENTARY INFORMATION: Based on the data provided by the We have notified the ITC of our petitioners, there is reason to believe initiation as required by section 732(d) Background of the Act. that imports of certain colored synthetic On March 7, 2003, the Department organic oleoresinous pigment Preliminary Determination by the ITC published the preliminary results of its dispersions from India are being, or are The ITC will preliminarily determine administrative review of the likely to be, sold at less than fair value. no later than July 21, 2003, whether antidumping duty order on MTPs from Allegations and Evidence of Material there is a reasonable indication that Japan. See Mechanical Transfer Presses Injury and Causation imports of Certain Colored Synthetic from Japan: Preliminary Results of Antidumping Duty Administrative The petitioners allege that the U.S. Organic Oleoresinous Pigment Review, 68 FR 11039 (March 7, 2003). In industry producing the domestic like Dispersions from India are causing the Preliminary Results, we found that product is being materially injured, or is material injury, or threatening to cause U.S. sales were not made below normal threatened with material injury, by material injury, to a U.S. industry. A value by the respondent. We gave reason of imports from India of the negative ITC determination will result interested parties an opportunity to subject merchandise sold at less than in the investigation being terminated, comment on our preliminary results. We NV. otherwise, this investigation will proceed according to statutory and received a letter from the respondent 3 The margins associated with the excluded regulatory time limits. stating it had no comments. The invoice were not included in this range. See This notice is issued and published Department received no other comments ‘‘Constructed Export Price’’ section above. pursuant to section 777(i) of the Act. and no requests for a hearing. The
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Department has now completed this publication of these final results of with the regulations and terms of an review in accordance with section 751 review. APO is a sanctionable violation. of the Tariff Act of 1930, as amended This administrative review and notice Cash Deposit Requirements (the Act). are in accordance with sections The following deposit requirements 751(a)(3)(A) and 777(i)(1) of the Act. Scope of the Antidumping Duty Order shall be effective upon publication of Dated: June 25, 2003. this notice of final results of Imports covered by this antidumping Joseph A. Spetrini, duty order include mechanical transfer administrative review for all shipments of MTPs from Japan entered, or Acting Assistant Secretary for Import presses, currently classifiable under withdrawn from warehouse, for Administration. Harmonized Tariff Schedule of the consumption on or after the date of [FR Doc. 03–16728 Filed 7–1–03; 8:45 am] United States (HTSUS) item numbers publication, as provided by section BILLING CODE 3510–DS–S 8462.10.0035, 8466.94.6540 and 751(a)(2)(C) of the Act: (1) since the 8466.94.8540 and formerly classifiable weighted-average margin for HZC/H&F as 8462.99.8035, 8462.21.8085, and is zero, the Department shall require no DEPARTMENT OF COMMERCE 8466.94.5040. The HTSUS subheadings deposit of estimated antidumping duties are provided for convenience and International Trade Administration for subject merchandise exported by Customs purposes only. The written HZC/H&F; (2) for previously reviewed [A-357–810] description of the scope of this order is or investigated companies not listed dispositive. The term ‘‘mechanical above, the cash deposit rate will Notice of Final Results and Partial transfer presses’’ refers to automatic continue to be the company-specific rate Recision of Antidumping Duty metal-forming machine tools with established for the most recent period; Administrative Review; Oil Country multiple die stations in which the work (3) if the exporter is not a firm covered Tubular Goods, Other Than Drill Pipe, piece is moved from station to station by in this review, a prior review, or the from Argentina a transfer mechanism designed as an original less-than-fair value AGENCY: Import Administration, integral part of the press and investigation (LTFV), but the synchronized with the press action, International Trade Administration, manufacturer is, the cash deposit rate Department of Commerce. whether imported as machines or parts will be the rate established for the most suitable for use solely or principally recent period for the manufacturer of ACTION: Notice of Final Results and with these machines. These presses may the merchandise; and, (4) for all other Partial Recision of Antidumping Duty be imported assembled or unassembled. producers and/or exporters of this Administrative Review. The Department published in the merchandise, the cash deposit rate shall SUMMARY: On May 6, 2003, the Federal Register several notices of be the ‘‘all-others’’ rate established in Department of Commerce (the scope rulings with respect to MTPs from the LTFV investigation, which is 14.51 Department) published the preliminary Japan, determining that (1) spare and percent. See Notice of Final results and preliminary partial recision replacement parts are outside the scope Determination of Sales at Less Than of antidumping administrative review of the order (see Notice of Scope Fair Value and Antidumping Duty on oil country tubular goods, other than Rulings, 57 FR 19602 (May 7, 1992)); (2) Order: Mechanical Transfer Presses drill pipe, from Argentina. The review a destack feeder designed to be used from Japan, 55 FR 5642 (February 16, covers two manufacturer/exporters, with a mechanical transfer press is an 1990). These deposit requirements shall Siderca S.A.I.C. (Siderca) and Acindar accessory and, therefore, is not within remain in effect until publication of the Industria Argentina de Aceros S.A. the scope of the order (see Notice of final results of the next administrative (Acindar). The period of review is Scope Rulings, 57 FR 32973 (July 24, review. August 1, 2001, through July 31, 2002. 1992)); (3) the FMX cold forging press Notification of Interested Parties We gave interested parties an is within the scope of the order (see This notice also serves as a final opportunity to comment on our Notice of Scope Rulings, 59 FR 8910 preliminary results. We received no (February 24, 1994)); and (4) certain reminder to importers of their responsibility under section 351.402(f) comments. Furthermore, the mechanical transfer press parts exported Department made no changes in its from Japan are outside the scope of the to file a certificate regarding the reimbursement of antidumping duties analysis following publication of the order (see Notice of Scope Rulings, 62 preliminary results. Therefore, the final FR 9176 (February 28, 1997). prior to liquidation of the relevant entries during this review period. results of review are unchanged from Final Results of Review Failure to comply with this requirement those presented in the preliminary could result in the Secretary’s results of review. Since the Department received no EFFECTIVE DATE: July 2, 2003. comments on the Preliminary Results, presumption that reimbursement of FOR FURTHER INFORMATION CONTACT: Fred we continue to find that a margin of antidumping duties occurred and the Baker or Robert James, Enforcement zero percent exists for the period subsequent assessment of doubled Group III, Office 8, Import February 1, 2001 through January 31, antidumping duties. This notice also serves as a reminder Administration, International Trade 2002 for Hitachi Zosen Corporation/ to parties subject to administrative Administration, U.S. Department of Hitachi Zosen Fukui Corporation (HZC/ protective orders (APO) of their Commerce, 14th Street and Constitution H&F).1 The Department will issue responsibility concerning the Avenue, N.W., Washington, D.C. 20230; assessment instructions directly to the disposition of proprietary information telephone (202) 482–2924 and (202) U.S. Bureau of Customs and Border disclosed under APO as explained in 482–0649, respectively. Protection (Customs) within 15 days of the administrative order itself. Timely SUPPLEMENTARY INFORMATION: written notification of the return/ 1 The Department determined to treat HZC and Background H&F as a single entity under section 351.401(f) of destruction of APO materials or the regulations. See Preliminary Results, 68 FR conversion to judicial protective order is On May 6, 2003, the Department 11039. hereby requested. Failure to comply published its preliminary results and
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preliminary partial recision of 7305.20.60.00, 7305.20.80.00, Commission shall, subject to section antidumping duty administrative review 7306.20.10.30, 7306.20.10.90, 782(d), use the facts otherwise available of oil country tubular goods, other than 7306.20.20.00, 7306.20.30.00, in reaching the applicable drill pipe, from Argentina. See Notice of 7306.20.40.00, 7306.20.60.10, determination under this title.’’ Preliminary Results and Preliminary 7306.20.60.50, 7306.20.80.10, and On September 25, 2002, the Partial Recision of Antidumping Duty 7306.20.80.50. Department issued its standard Administrative Review; Oil Country The HTSUS subheadings are provided antidumping questionnaire to Acindar. Tubular Goods, Other Than Drill Pipe, for convenience and customs purposes. Acindar made no written response to from Argentina, 68 FR 23964 (May 6, Our written description of the scope of the questionnaire. Therefore, we 2003). We gave interested parties an this order is dispositive. determine that the use of facts available is warranted pursuant to section opportunity to comment. No party Partial Recision submitted comments. We have now 776(a)(2)(A) and (C) of the Tariff Act completed the administrative review in On September 25, 2002, we initiated because Acindar withheld information accordance with section 751(a) of the an administrative review of sales made requested by the Department by not Tariff Act of 1930, as amended (the by Siderca and Acindar. See Initiation responding to the Department’s Tariff Act). of Antidumping and Countervailing questionnaire, thereby significantly Duty Administrative Reviews, Requests impeding this proceeding. See Period of Review for Revocation in Part and Deferral of Memorandum from Fred Baker to the The period of review (POR) is August Administrative Reviews, 67 FR 60210 File dated April 1, 2003. Thus, the 1, 2001, through July 31, 2002. (September 25, 2002). However, as curative provisions of section 782 of the noted in the preliminary results, Siderca Scope of the Review Tariff Act are not applicable because notified us that it had no shipments of Acindar did not provide any response. Oil country tubular goods (OCTG) are subject merchandise during the POR. Section 776(b) of the Tariff Act hollow steel products of circular cross- We conducted an on-site verification of provides that, if the Department finds section, including oil well casing and this information at Siderca’s facilities in that an interested party ‘‘has failed to tubing of iron (other than cast iron) or February 2003, and uncovered no cooperate by not acting to the best of its steel (both carbon and alloy), whether evidence that Siderca had shipments to ability to comply with a request for seamless or welded, whether or not the United States during the POR. See information,’’ the Department may use conforming to American Petroleum the Department’s March 4, 2003, information that is adverse to the Institute (API) or non-API verification report on file in room B-099 interests of the party as facts otherwise specifications, whether finished or of the Herbert C. Hoover Department of available. Adverse inferences are unfinished (including green tubes and Commerce building. Furthermore, we appropriate ‘‘to ensure that the party limited service OCTG products). received no comments concerning does not obtain a more favorable result This scope does not cover casing or Siderca for the final results. Therefore, by failing to cooperate than if it had tubing pipe containing 10.5 percent or we are rescinding the review with cooperated fully.’’ See Statement of more of chromium. Drill pipe was respect to Siderca. Siderca’s cash Administrative Action (SAA) excluded from this order beginning deposit rate will remain at 1.36 percent, accompanying the URAA, H.R. Doc. August 11, 2001. See Continuation of which is the rate established for Siderca 103–316 at 870 (1994). Furthermore, ‘‘an Countervailing and Antidumping Duty in the less-than-fair-value investigation. affirmative finding of bad faith on the Orders on Oil Country Tubular Goods See Final Determination of Sales at Less part of the respondent is not required From Argentina, Italy, Japan, Korea and Than Fair Value: Oil Country Tubular before the Department may make an Mexico, and Partial Revocation of Those Goods from Argentina, 60 FR 33539 adverse inference.’’ Antidumping Orders From Argentina and Mexico (June 28, 1995) and Antidumping Duty Duties; Countervailing Duties; Final With Respect to Drill Pipe, 66 FR 38630 Order: Oil Country Tubular Goods from Rule, 62 FR 27296, 27340 (May 19, (July 25, 2001). Argentina, 60 FR 41055 (August 11, 1997), (Final Rule). The OCTG subject to this order are 1995). The Department finds that in not currently classified in the Harmonized responding to the September 25, 2002, Tariff Schedule of the United States Use of Facts Available questionnaire, Acindar failed to (HTSUS) under item numbers: We find, in accordance with section cooperate by not acting to the best of its 7304.29.10.10, 7304.29.10.20, 776(a)(2)(A) and (C) and 776(b), that the ability to comply with requests for 7304.29.10.30, 7304.29.10.40, application of adverse facts available is information. The Department requires 7304.29.10.50, 7304.29.10.60, warranted since Acindar did not that respondents provide answers to the 7304.29.10.80, 7304.29.20.10, respond to our questionnaire, and questionnaire because the Department 7304.29.20.20, 7304.29.20.30, therefore has not cooperated to the best uses the information to determine 7304.29.20.40, 7304.29.20.50, of its ability. Section 776(a)(2) of the accurate dumping margins for the 7304.29.20.60, 7304.29.20.80, Tariff Act provides that ‘‘if an interested company. Since the information is 7304.29.30.10, 7304.29.30.20, party or any other person (A) withholds within the sole control of Acindar, 7304.29.30.30, 7304.29.30.40, information that has been requested by when the company fails to provide such 7304.29.30.50, 7304.29.30.60, the administering authority; (B) fails to information we cannot otherwise obtain 7304.29.30.80, 7304.29.40.10, provide such information by the the information necessary to calculate a 7304.29.40.20, 7304.29.40.30, deadlines for the submission of the dumping margin. Further, at no time did 7304.29.40.40, 7304.29.40.50, information or in the form and manner Acindar indicate during the POR that it 7304.29.40.60, 7304.29.40.80, requested, subject to subsections (c)(1) was having difficulty in complying with 7304.29.50.15, 7304.29.50.30, and (e) of section 782; (C) significantly the Department’s request for 7304.29.50.45, 7304.29.50.60, impedes a proceeding under this title; or information. Consequently, Acindar 7304.29.50.75, 7304.29.60.15, (D) provides such information but the should not be allowed to benefit by its 7304.29.60.30, 7304.29.60.45, information cannot be verified as non-cooperation. Therefore, pursuant to 7304.29.60.60, 7304.29.60.75, provided in section 782(i), the section 776(b) of the Tariff Act, we may, 7305.20.20.00, 7305.20.40.00, administering authority and the in making our determination, use an
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adverse inference in selecting from the As discussed above, it is not Duty Order: Oil Country Tubular Goods facts otherwise available. This adverse necessary to question the reliability of a from Argentina, 60 FR 41055 (August inference may include reliance on data calculated margin from a prior segment 11, 1995). derived from the petition, a previous of the proceeding. Further, there are no These deposit requirements shall determination in an investigation or circumstances indicating that this remain in effect until publication of the review, or any other information placed margin is inappropriate as facts final results of the next administrative on the record. For this review we have available. In fact, this margin is review. determined to assign 60.73 percent as Acindar’s own margin from the 2000– Notification of Interested Parties the facts available rate to Acindar. This 2001 administrative review of OCTG. rate represents the highest rate for any See Notice of Final Results and Recision This notice also serves as a reminder respondent in any prior segment of this in Part of Antidumping Duty to importers of their responsibility proceeding. See Oil Country Tubular Administrative Review; Oil Country under 19 CFR 351.402(f) to file a Goods: Final Results and Partial Tubular Goods, Other Than Drill Pipe, certificate regarding the reimbursement Recision of Antidumping Duty From Argentina, 67 FR 13262 (March of antidumping duties or countervailing Administrative Review, 67 FR 13262 19, 2003). Therefore, we determine that duties prior to liquidation of the (March 19, 2003). the 60.73 percent rate has probative relevant entries during this review Information from prior segments of value for use as adverse facts available. period. Failure to comply with this the proceeding constitutes secondary Final Results of Review requirement could result in the information, and section 776(c) of the Secretary’s presumption that As a result of our determination that Tariff Act provides that the Department reimbursement of antidumping duties or it is appropriate to apply adverse facts shall, to the extent practicable, countervailing duties occurred and the available to Acindar, we determine that corroborate secondary information from subsequent assessment of double a the weighted-average dumping margin independent sources reasonably at its antidumping duties or countervailing of 60.73 percent exists for Acindar for disposal. The Statement of duties. the period August 1, 2001, through July Administrative Action (SAA) provides This notice also serves as a reminder 31, 2002. to parties subject to administrative that ‘‘corroborate’’ means simply that The Department will determine, and the Department will satisfy itself that protective orders (APOs) of their the U.S. Bureau of Customs and Border responsibility concerning the return or the secondary information to be used Protection (Customs) shall assess, has probative value. See Statement of destruction of proprietary information antidumping duties on all appropriate disclosed under APO in accordance Administrative Action accompanying entries. The Department will issue the Uruguay Round Agreements Act, with 19 CFR 351.305, which continues appropriate assessment instructions to govern business proprietary H.R. Doc. No. 103–316 at 870 (1994) and directly to Customs within 15 days of information in this segment of the 19 CFR 351.308(d). publication of these final results of proceeding. Timely written notification To corroborate secondary information, review. We will direct Customs to assess of the return/destruction of APO the Department will, to the extent the resulting assessment rate against the materials or conversion to judicial practicable, examine the reliability and entered customs values for the subject protective order is hereby requested. relevance of the information to be used. merchandise on each entry during the Failure to comply with the regulations However, unlike other types of review period. information, such as input costs or and terms of an APO is a violation selling expenses, there are no Cash Deposit Requirements which is subject to sanction. independent sources for calculated The following deposit requirements We are issuing and publishing this dumping margins. Thus, in an will be effective upon publication of notice in accordance with sections administrative review, if the Department this notice of final results of 751(a)(1) and 777(I)(1) of the Tariff Act. chooses as adverse facts available a administrative review for all shipments Dated June 25, 2003. calculated dumping margin from a prior of the subject merchandise entered, or Joseph A. Spetrini, segment of the proceeding, it is not withdrawn from warehouse, for Acting Assistant Secretary for Import necessary to question the reliability of consumption on or after the publication, Administration. the margin for that time period. With as provided by section 751(a)(1) of the [FR Doc. 03–16665 Filed 7–1–03; 8:45 am] respect to the relevance aspect of Tariff Act: (1) the cash deposit rate for BILLING CODE 3510–DS–S corroboration, however, the Department the reviewed company will be the rate will consider information reasonably at shown above; (2) for previously its disposal as to whether there are reviewed or investigated companies not DEPARTMENT OF COMMERCE circumstances that would render a listed above, the cash deposit will margin inappropriate. Where continue to be the company-specific rate International Trade Administration circumstances indicate that the selected published for the most recent period; (3) margin is not appropriate as adverse if the exporter is not a firm covered in [A–588–861] facts available, the Department will this review, a prior review, or the Antidumping Duty Order: Polyvinyl disregard the margin and determine an original investigation, but the Alcohol From Japan appropriate margin. See, e.g., Fresh Cut manufacturer is, the cash deposit rate Flowers from Mexico; Final Results of will be that established for the most AGENCY: Import Administration, Antidumping Duty Administrative recent period for the manufacturer of International Trade Administration, Review, 61 FR 6812, 6814 (Feb. 22, the merchandise; and (4) if neither the Department of Commerce. 1996) (where the Department exporter nor the manufacturer is a firm ACTION: Notice of antidumping duty disregarded the highest margin as covered in this review, any previous order. adverse facts available because the reviews, or the LTFV investigation, the margin was based on another company’s cash deposit rate will be 1.36 percent, SUMMARY: Pursuant to section 736(a) of uncharacteristic business expense the ‘‘all others’’ rate established in the the Tariff Act of 1930, as amended, the resulting in an unusually high margin). LTFV investigation. See Antidumping Department of Commerce is issuing an
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antidumping duty order on polyvinyl equal to or greater than one mole since the Department’s preliminary alcohol from Japan. percent. antidumping determination if the ITC’s EFFECTIVE DATE: July 2, 2003. (12) PVA covalently bonded with final determination is based on a threat acetoacetylate uniformly present on all FOR FURTHER INFORMATION CONTACT: of material injury. polymer chains in a concentration level Michael Strollo, AD/CVD Enforcement Because the ITC’s final determination equal to or greater than one mole Group I, Office 2, Import in this case is based on the threat of percent. Administration, International Trade material injury and is not accompanied (13) PVA covalently bonded with by a finding that injury would have Administration, U.S. Department of polyethylene oxide uniformly present Commerce, 14th Street and Constitution resulted but for the imposition of on all polymer chains in a concentration suspension of liquidation of entries Avenue, NW., Washington, DC 20230; level equal to or greater than one mole telephone: (202) 482–0629. since the Department’s preliminary percent. determination, section 736(b)(2) of the SUPPLEMENTARY INFORMATION: (14) PVA covalently bonded with Act is applicable to this order. Scope of Order quaternary amine uniformly present on Therefore, the Department will direct all polymer chains in a concentration Customs to assess, upon further advice, The merchandise covered by this level equal to or greater than one mole antidumping duties on all unliquidated investigation is polyvinyl alcohol percent. entries of PVA from Japan entered, or (PVA). This product consists of all PVA (15) PVA covalently bonded with hydrolyzed in excess of 80 percent, diacetoneacrylamide uniformly present withdrawn from warehouse, for whether or not mixed or diluted with on all polymer chains in a concentration consumption on or after the date of commercial levels of defoamer or boric level greater than three mole percent, publication of the ITC’s notice of final acid, except as noted below. certified for use in a paper application. determination of threat of material The following products are The merchandise under investigation injury in the Federal Register and specifically excluded from the scope of is currently classifiable under terminate the suspension of liquidation this investigation: subheading 3905.30.00 of the for entries of PVA from Japan entered, (1) PVA in fiber form. Harmonized Tariff Schedule of the or withdrawn from warehouse, for (2) PVA with hydrolysis less than 83 United States (HTSUS). Although the consumption prior to that date. The mole percent and certified not for use in HTSUS subheading is provided for Department will also instruct Customs the production of textiles. convenience and customs purposes, the to refund any cash deposits made, or (3) PVA with hydrolysis greater than written description of the scope of this bonds posted, between the publication 85 percent and viscosity greater than or proceeding is dispositive. date of the Department’s preliminary equal to 90 cps. antidumping determination and the (4) PVA with a hydrolysis greater than Antidumping Duty Order publication of the ITC’s final 85 percent, viscosity greater than or On June 18, 2003, pursuant to section determination. equal to 80 cps but less than 90 cps, 735(b)(1)(A)(ii) of the Tariff Act of 1930, On or after the date of publication of certified for use in an ink jet as amended (the Act), the International the ITC’s notice of final determination application. Trade Commission (the ITC) notified the in the Federal Register, Customs will (5) PVA for use in the manufacture of Department of Commerce (the require, at the same time as importers an excipient or as an excipient in the Department) of its final determination would normally deposit estimated manufacture of film coating systems that the industry in the United States duties, cash deposits for the subject which are components of a drug or producing PVA is threatened with merchandise equal to the estimated dietary supplement, and accompanied material injury by reason of import of weighted-average dumping margins by an end-use certification. the subject merchandise from Japan. In listed below. The ‘‘All Others’’ rate (6) PVA covalently bonded with accordance with section 736(a)(1) of the applies to all exporters of subject cationic monomer uniformly present on Act, the Department will direct the U.S. merchandise not specifically listed all polymer chains in a concentration Bureau of Customs and Border below. equal to or greater than one mole Protection (Customs) to assess, upon percent. further advice by the administering Manufacturer/exporter Margin (7) PVA covalently bonded with authority, antidumping duties equal to (percent) carboxylic acid uniformly present on all the amount by which the normal value Denki Kagaku Kogyo Kabushiki polymer chains in a concentration equal of the merchandise exceeds the U.S. Kaisha ...... 144.16 to or greater than two mole percent, price of the merchandise for all relevant Japan VAM & POVAL Co., Ltd .... 144.16 certified for use in a paper application. entries of PVA from Japan. In Kuraray Co., Ltd ...... 144.16 (8) PVA covalently bonded with thiol accordance with section 736(b)(2) of the The Nippon Synthetic Chemical uniformly present on all polymer Act, duties shall be assessed on subject Industry Co., Ltd ...... 144.16 chains, certified for use in emulsion merchandise entered, or withdrawn All Others ...... 76.78 polymerization of non-vinyl acetic from warehouse, for consumption on or material. after the date of publication of the ITC’s This notice constitutes the (9) PVA covalently bonded with notice of final determination if that antidumping duty order with respect to paraffin uniformly present on all determination is based on the threat of PVA from Japan, pursuant to section polymer chains in a concentration equal material injury and is not accompanied 736(a) of the Act. Interested parties may to or greater than one mole percent. by a finding that injury would have contact the Department’s Central (10) PVA covalently bonded with resulted but for the imposition of Records Unit, Room B–099 of the Main silan uniformly present on all polymer suspension of liquidation of entries Commerce Building, for copies of an chains certified for use in paper coating since the Department’s preliminary updated list of antidumping duty orders applications. determination. In addition, section currently in effect. (11) PVA covalently bonded with 736(b)(2) of the Act requires Customs to This order is published in accordance sulfonic acid uniformly present on all refund any cash deposits or bonds of with section 736(a) of Act and 19 CFR polymer chains in a concentration level estimated antidumping duties posted 351.211.
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Dated: June 25, 2003. mushrooms from Indonesia (68 FR apply for the period February 1, 2002, Joseph A. Spetrini, 16469) (Preliminary Results). though July 31, 2002: Acting Assistant Secretary for Import We invited interested parties to Administration. comment on the preliminary results of Margin Manufacturer/Exporter (percent) [FR Doc. 03–16668 Filed 7–1–03; 8:45 am] the review, however no party submitted BILLING CODE 3510–DS–P comments. The Department has PT Karya Kompos Bagas ...... 0.00 conducted this new shipper review in PT Eka Timur Raya ...... 0.00 accordance with section 751(a)(2)(B) of DEPARTMENT OF COMMERCE the Tariff Act of 1930, as amended (‘‘the Assessment Act’’). International Trade Administration The Department shall determine, and Scope of the Order the U.S. Bureau of Customs and Border [A–560–802] The products covered by this order Protection (‘‘BCBP’’) shall assess, are certain preserved mushrooms, antidumping duties on all appropriate Certain Preserved Mushrooms from entries. We will issue assessment Indonesia: Final Results of whether imported whole, sliced, diced, or as stems and pieces. The preserved instructions directly to BCBP within 15 Antidumping Duty New Shipper days of publication of these final results Review mushrooms covered under this order are the species Agaricus bisporus and of review. For assessment purposes, we AGENCY: Import Administration, Agaricus bitorquis. ‘‘Preserved do not have the actual entered values for International Trade Administration, mushrooms’’ refer to mushrooms that all sales made by Etira. Accordingly, we Department of Commerce. have been prepared or preserved by have calculated importer-specific assessment rates by aggregating any ACTION: Notice of final results of cleaning, blanching, and sometimes dumping margins calculated for all of antidumping duty new shipper review. slicing or cutting. These mushrooms are then packed and heated in containers Etira’s U.S. sales examined and dividing SUMMARY: On April 4, 2003, the including but not limited to cans or the respective amount by the total Department of Commerce published the glass jars in a suitable liquid medium, quantity of the sales examined. To preliminary results of the new shipper including but not limited to water, determine whether the duty assessment rates are de minimis (i.e., less than 0.50 review of the antidumping duty order brine, butter or butter sauce. Preserved percent), in accordance with the on certain preserved mushrooms from mushrooms may be imported whole, requirement set forth in 19 CFR Indonesia. The review covers two sliced, diced, or as stems and pieces. 351.106(c)(2), we have calculated manufacturers/exporters of the subject Included within the scope of this order importer-specific ad valorem ratios merchandise to the United States: PT are ‘‘brined’’ mushrooms, which are based on export prices. With respect to Karya Kompos Bagas, and PT Eka Timur presalted and packed in a heavy salt KKB, we have calculated importer- Raya. The period of review is February solution to provisionally preserve them specific assessment rates for the subject 1, 2002, through July 31, 2002. for further processing. merchandise by aggregating any No interested party submitted Excluded from the scope of this order dumping margins calculated for the comments on the preliminary results. are the following: (1) All other species examined sales and dividing this We have made no changes to the margin of mushroom, including straw amount by the total entered value of the calculation. Therefore, the final results mushrooms; (2) all fresh and chilled sales examined. do not differ from the preliminary mushrooms, including ‘‘refrigerated’’ or results. The final weighted-average ‘‘quick blanched mushrooms’; (3) dried Cash Deposit Requirements dumping margins for the two mushrooms; (4) frozen mushrooms; and Bonding will no longer be permitted manufacturers/exporters are listed (5) ‘‘marinated,’’ ‘‘acidified’’ or to fulfill security requirements for below in the ‘‘Final Results of Review’’ ‘‘pickled’’ mushrooms, which are shipments from certain preserved section of this notice. prepared or preserved by means of mushrooms from Indonesia entered, or EFFECTIVE DATE: July 2, 2003. vinegar or acetic acid, but may contain withdrawn from warehouse, for FOR FURTHER INFORMATION CONTACT: oil or other additives. consumption on or after the publication Rebecca Trainor or Sophie Castro, AD/ The merchandise subject to this order date of the final results of the new CVD Enforcement Group I, Office 2, is currently classifiable under shipper review. Furthermore, the Import Administration-Room B099, subheadings 2003.10.0127, following cash deposit requirements International Trade Administration, 2003.10.0131, 2003.10.0137, will be effective for all shipments of the U.S. Department of Commerce, 14th 2003.10.0143, 2003.10.0147, subject merchandise entered, or Street and Constitution Avenue, NW., 2003.10.0153, and 0711.51.0000 of the withdrawn from warehouse, for Washington, DC 20230; telephone: (202) Harmonized Tariff Schedule of the consumption on or after the publication 482–4007, or 482–0588, respectively. United States 1 (HTSUS). Although the date of these final results of review, as SUPPLEMENTARY INFORMATION: HTSUS subheadings are provided for provided by section 751(2)(1) and convenience and customs purposes, the 751(a)(2)(B) of the Act: (1) For subject Background written description of the scope of this merchandise produced and exported by The new shipper review covers two order is dispositive. Etira or by KKB, no cash deposit will be manufacturers/exporters of the subject Final Results of the Review required; (2) for subject merchandise merchandise to the United States: PT exported by Etira or KKB but not Karya Kompos Bagas (KKB), and PT Eka As a result of our new shipper review, produced by them, the cash deposit rate Timur Raya (Etira). we determine that the following will be 11.26 percent, the ‘‘All Others’’ On April 4, 2003, the Department of weighted-average margin percentages rate made effective by the less-than-fair- Commerce published in the Federal value investigation. These requirements 1 Prior to January 1, 2002, the HTS codes were as shall remain in effect until publication Register the preliminary results of the follows: 2003.10.0027, 2003.10.0031, 2003.10.0037, new shipper review of the antidumping 2003.10.0043, 2003.10.0047, 2003.10.0053, and of the final results of the next duty order on certain preserved 0711.90.4000 administrative review.
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Notification to Importers February 1, 2001, through January 31, including but not limited to water, 2002. brine, butter or butter sauce. Preserved This notice serves as the only No interested party submitted mushrooms may be imported whole, reminder to parties subject to the comments on the preliminary results. sliced, diced, or as stems and pieces. administrative protective order (APO) of We have made no changes to the margin Included within the scope of this order their responsibility concerning the calculation. Therefore, the final results are ‘‘brined’’ mushrooms, which are disposition of proprietary information do not differ from the preliminary presalted and packed in a heavy salt disclosed under APO in accordance results. The final weighted-average solution to provisionally preserve them with 19 CFR 351.305(a)(3). Timely dumping margins for the two for further processing. written notification of return/ manufacturers/exporters are listed Excluded from the scope of this order destruction of APO material or below in the ‘‘Final Results of Review’’ are the following: (1) All other species conversion to judicial protective order is section of this notice. of mushroom, including straw hereby requested. Failure to comply EFFECTIVE DATE: July 2, 2003. mushrooms; (2) all fresh and chilled with the regulation and the terms of an FOR FURTHER INFORMATION CONTACT: mushrooms, including ‘‘refrigerated’’ or APO is a sanctionable violation. Rebecca Trainor or Sophie Castro, AD/ ‘‘quick blanched mushrooms’’; (3) dried This new shipper review and notice CVD Enforcement Group I, Office 2, mushrooms; (4) frozen mushrooms; and are published in accordance with Import Administration-Room B099, (5) ‘‘marinated,’’ ‘‘acidified’’ or sections 751(a)(2)(B) of the Act and 19 International Trade Administration, ‘‘pickled’’ mushrooms, which are CFR 351.214. U.S. Department of Commerce, 14th prepared or preserved by means of Dated: June 25, 2003. Street and Constitution Avenue, NW., vinegar or acetic acid, but may contain Joseph Spetrini, Washington, DC 20230; telephone: (202) oil or other additives. Acting Assistant Secretary for Import 482–4007, or 482–0588, respectively. The merchandise subject to this order Administration. SUPPLEMENTARY INFORMATION: is currently classifiable under [FR Doc. 03–16666 Filed 7–1–03; 8:45 am] Background subheadings 2003.10.0027, BILLING CODE 3510–DS–P 2003.10.0031, 2003.10.0037, The review covers two manufacturers/ 2003.10.0043, 2003.10.0047, exporters of the subject merchandise to 2003.10.0053, and 0711.90.4000 of the DEPARTMENT OF COMMERCE the United States: PT Indo Evergreen Harmonized Tariff Schedule of the Agro Business Corp. (Indo Evergreen), United States2 (HTSUS). Although the and PT Zeta Agro Corporation (Zeta). International Trade Administration HTSUS subheadings are provided for On March 7, 2003, the Department of convenience and customs purposes, the Commerce published in the Federal [A-560–802] Register the preliminary results of written description of the scope of this order is dispositive. Certain Preserved Mushrooms from administrative review of the Indonesia: Final Results of antidumping duty order on certain Determination to Revoke Order in Part Antidumping Duty Administrative preserved mushrooms from Indonesia and its intent to revoke the order in part In accordance with section Review and Final Determination to 351.222(b)(2) of the Department’s Revoke Order in Part (68 FR 11051) (Preliminary Results). We invited parties to comment on the regulations, we have determined to revoke the antidumping duty order with AGENCY: Import Administration, preliminary results of the review. No interested party submitted comments. respect to Zeta, effective as of February International Trade Administration, 1, 2002. Zeta has sold subject Department of Commerce. The Department has conducted this administrative review in accordance merchandise in commercial quantities ACTION: Notice of final results of with section 751 of the Act. at prices not below its normal value for antidumping duty administrative review three consecutive annual reviews (see and final determination to revoke the Scope of the Order Calculation Memorandum for the order in part. The products covered by this order Preliminary Results for P.T. Zeta Agro are certain preserved mushrooms, Corporation dated February 28, 2003). SUMMARY: SUMMARY: On March 7, whether imported whole, sliced, diced, Moreover, there is no evidence on the 2003, the Department of Commerce or as stems and pieces. The preserved record regarding market conditions or published the preliminary results of the mushrooms covered under this order are other factors to suggest that the order is administrative review of the the species Agaricus bisporus and otherwise necessary to offset dumping antidumping duty order on certain Agaricus bitorquis. ‘‘Preserved with respect to this company. preserved mushrooms from Indonesia mushrooms’’ refer to mushrooms that Final Results of the Review and its intent to revoke the order in part. have been prepared or preserved by The review covers two manufacturers/ cleaning, blanching, and sometimes As a result of our review, we exporters of the subject merchandise to slicing or cutting. These mushrooms are determined that the following weighted- the United States: PT Indo Evergreen then packed and heated in containers average margin percentages apply for Agro Business Corp., and PT Zeta Agro including but not limited to cans or the period February 1, 2001, though Corporation.1 The period of review is glass jars in a suitable liquid medium, January 31, 2002:
Manufacturer/Exporter Margin (percent)
PT Indo Evergreen Agro Business Corp...... 0.30 (de minimis) PT Zeta Agro Corporation ...... 0.00
2 As of January 1, 2002, the HTS codes are as 2003.10.0143, 2003.10.0147, 2003.10.0153, 1 The administrative review with respect to PT follows: 2003.10.0127, 2003.10.0131, 2003.10.0137, 0711.51.0000. Dieng Djaya and PT Surya Jaya Abadi Perkasa was rescinded on January 9, 2003 (see 68 FR 1177).
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Assessment if the exporter is not a firm covered in publishing the current listing of those The Department shall determine, and this review, a prior review, or the subsidies that we have determined exist. original less than fair value (‘‘LTFV’’) the U.S. Bureau of Customs and Border EFFECTIVE DATE: July 2, 2003. Protection (‘‘BCBP’’) shall assess, investigation, but the manufacturer is, antidumping duties on all appropriate the cash deposit rate will be the rate FOR FURTHER INFORMATION CONTACT: entries. We will issue assessment established for the most recent period Alicia Kinsey, Office of AD/CVD instructions directly to BCBP within 15 for the manufacturer of the Enforcement VI, Group II, Import days of publication of these final results merchandise; and (4) the cash deposit Administration, International Trade of review. In accordance with 19 CFR rate for all other manufacturers or Administration, U.S. Department of 351.106(c)(1), we will instruct BCBP to exporters will continue to be 11.26 Commerce, 14th Street and Constitution assess antidumping duties on all percent, the ‘‘All Others’’ rate made Ave., NW., Washington, DC 20230, appropriate entries covered by this effective by the LTFV investigation. telephone: (202) 482–2786. review if any importer-specific These requirements shall remain in SUPPLEMENTARY INFORMATION: Section assessment rate calculated in the final effect until publication of the final results of this review is above de results of the next administrative 702 of the Trade Agreements Act of minimis (i.e., less than 0.50 percent). review. 1979 (as amended) (‘‘the Act’’) requires the Department of Commerce (‘‘the For assessment purposes, we do not Notification to Importers have the actual entered value for Indo Department’’) to determine, in This notice serves as the only Evergreen and Zeta because these consultation with the Secretary of reminder to parties subject to the respondents are not the importers of Agriculture, whether any foreign administrative protective order (APO) of record for the subject merchandise. government is providing a subsidy with their responsibility concerning the Accordingly, we have calculated respect to any article of cheese subject disposition of proprietary information importer-specific assessment rates by to an in-quota rate of duty, as defined disclosed under APO in accordance aggregating the dumping margins in section 702(h) of the Act, and to with 19 CFR 351.305(a)(3). Timely calculated for all of Indo Evergreen’s publish an annual list and quarterly written notification of return/ and Zeta’s U.S. sales examined and updates of the type and amount of those destruction of APO material or dividing the respective amounts by the subsidies. We hereby provide the conversion to judicial protective order is total quantity of the sales examined for Department’s quarterly update of hereby requested. Failure to comply each producer. To determine whether with the regulation and the terms of an subsidies on articles of cheese that were the duty assessment rates were de APO is a sanctionable violation. imported during the period January 1, minimis, in accordance with the This administrative review and notice 2003 through March 31, 2003. requirement set forth in 19 CFR are published in accordance with The Department has developed, in 351.106(c)(2), we calculated importer- sections 751(a)(1) and 751(d)(1) of the consultation with the Secretary of specific ad valorem ratios based on Act and 19 CFR 351.221 and 19 CFR Agriculture, information on subsidies export prices. 351.222. With regard to Zeta, in accordance (as defined in section 702(h) of the Act) with 19 CFR 351.222(f)(3), we will Dated: June 23, 2003. being provided either directly or instruct BCBP to proceed with Joseph A. Spetrini, indirectly by foreign governments on liquidation, without regard to Acting Assistant Secretary for Import articles of cheese subject to an in-quota antidumping duties, of all unliquidated Administration. rate of duty. The appendix to this notice entries of certain preserved mushrooms [FR Doc. 03–16667 Filed 7–1–03; 8:45 am] lists the country, the subsidy program or from Indonesia entered, or withdrawn BILLING CODE 3510–DS–S programs, and the gross and net from warehouse, for consumption on or amounts of each subsidy for which after February 1, 2002. We will further information is currently available. instruct BCBP to refund with interest DEPARTMENT OF COMMERCE The Department will incorporate any estimated duties collected with additional programs which are found to International Trade Administration respect to unliquidated entries of certain constitute subsidies, and additional preserved mushrooms exported by Zeta. Quarterly Update to Annual Listing of information on the subsidy programs Cash Deposit Requirements Foreign Government Subsidies on listed, as the information is developed. The following cash deposit Articles of Cheese Subject to an In- The Department encourages any requirements will be effective for all Quota Rate of Duty person having information on foreign government subsidy programs which shipments of the subject merchandise AGENCY: Import Administration, entered, or withdrawn from warehouse, International Trade Administration, benefit articles of cheese subject to an for consumption on or after the Department of Commerce. in-quota rate of duty to submit such information in writing to the Assistant publication date of the final results of ACTION: Publication of quarterly update Secretary for Import Administration, this administrative review, as provided to annual listing of foreign government by section 751(a)(1) of the Act: (1) the subsidies on articles of cheese subject to U.S. Department of Commerce, 14th cash deposit rate for Indo Evergreen an in-quota rate of duty. Street and Constitution Avenue, NW., (Zeta is exempt due to revocation) is Washington, DC 20230. less than 0.50 percent, and therefore, de SUMMARY: The Department of This determination and notice are in minimis within the meaning of 19 CFR Commerce, in consultation with the accordance with section 702(a) of the 351.106(c)(1), and therefore the cash Secretary of Agriculture, has prepared Act. deposit rate is 0.00; (2) for previously its quarterly update to the annual list of reviewed or investigated companies not foreign government subsidies on articles Dated: June 25, 2003. listed above, the cash deposit rate will of cheese subject to an in-quota rate of Joseph A. Spetrini, continue to be the company-specific rate duty during the period January 1, 2003 Acting Assistant Secretary for Import published for the most recent period; (3) through March 31, 2003. We are Administration.
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APPENDIX—SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY
1 Gross 2 Country Program(s) subsidy Net subsidy ($/lb) ($/lb)
Austria ...... European Union Restitution Payments ...... $0.14 $0.14 Belgium ...... EU Restitution Payments ...... 0.01 0.01 Canada ...... Export Assistance on Certain Types of Cheese ...... 0.23 0.23 Denmark ...... EU Restitution Payments ...... 0.06 0.06 Finland ...... EU Restitution Payments ...... 0.14 0.14 France ...... EU Restitution Payments ...... 0.12 0.12 Germany ...... EU Restitution Payments ...... 0.05 0.05 Greece ...... EU Restitution Payments ...... 0.05 0.05 Ireland ...... EU Restitution Payments ...... 0.06 0.06 Italy ...... EU Restitution Payments ...... 0.08 0.08 Luxembourg ...... EU Restitution Payments ...... 0.07 0.07 Netherlands ...... EU Restitution Payments ...... 0.05 0.05 Norway ...... Indirect (Milk) Subsidy ...... 0.35 0.35 Consumer Subsidy ...... 0.16 0.16 0.51 Portugal ...... EU Restitution Payments ...... 0.04 0.04 Spain ...... EU Restitution Payments ...... 0.06 0.06 Switzerland ...... Deficiency Payments ...... 0.07 0.07 U.K...... EU Restitution Payments ...... 0.04 0.04 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6).
[FR Doc. 03–16731 Filed 7–1–03; 8:45 am] In accordance with section 702(b)(1) that contain by weight typically 20 BILLING CODE 3510–DS–P of the Tariff Act of 1930 (‘‘the Act’’), as percent or more pigment dispersed in amended, the petitioners allege that the varnish, and are used primarily for manufacturers, producers, or exporters the manufacture of letterpress and DEPARTMENT OF COMMERCE of certain colored synthetic organic lithographic printing inks. The presence oleoresinous pigment dispersions of additives, such as surfactants, International Trade Administration (‘‘colored pigment dispersions’’) from antioxidants, wetting agents, and driers, India receive countervailable subsidies in the subject pigment dispersions does [C–533–837] within the meaning of section 701 of the not exclude them from the scope of this Notice of Initiation of Countervailing Act, and that such imports from India investigation. Duty Investigation: Certain Colored are materially injuring, or are Excluded from the scope of this Synthetic Organic Oleoresinous threatening to materially injure, an investigation are dry powder pigments Pigment Dispersions From India industry in the United States. and pigment press cakes, as well as The Department finds that the water and flammable solvent based AGENCY: Import Administration, petitioners filed this petition on behalf colored pigment dispersions, which International Trade Administration, of the domestic industry because they typically are used in manufacturing Department of Commerce. are interested parties as defined in liquid or fluid inks. Also excluded is ACTION: Initiation of Countervailing section 771(9)(C) of the Act and they Yellow 75, which is typically used to Duty Investigation. have demonstrated sufficient industry make the yellow paint to line roads. support with respect to the The merchandise subject to this EFFECTIVE DATE: July 2, 2003. countervailing investigation that they investigation is classifiable under are requesting the Department to FOR FURTHER INFORMATION CONTACT: subheadings 3204.17.6020 (Pigment Geoffrey Craig at (202) 482–5256 or initiate. See infra, ‘‘Determination of Blue 15:4), 3204.17.6085 (Pigments Red Stephen Cho at (202) 482–3798, Import Industry Support for the Petition.’’ 48:1, Red 48:2, Red 48:3, and Yellow Administration, International Trade Scope of Investigation 174), 3204.17.9005 (Pigment Blue 15:3), Administration, U.S. Department of 3204.17.9010 (Pigment Green 7), The products covered by this 3204.17.9015 (Pigment Green 36), Commerce, 14th Street and Constitution investigation are colored synthetic Avenue, NW., Washington, DC 20230. 3204.17.9020 (Pigment Red 57:1), organic pigment dispersions containing 3204.17.9045 (Pigment Yellow 12), Initiation of Investigation pigments classified in either the Azo or 3204.17.9050 (Pigment Yellow 13), Phthalocyanine chemical classes that The Petition 3204.17.9055 (Pigment Yellow 74), and have been dispersed in an oleoresinous 3204.17.9086 1 (Pigments Red 22, Red On June 5, 2003, the Department of varnish comprised of various 48:4, Red 49:1, Red 49:2, Red 52:1, Red Commerce (‘‘the Department’’) received combinations of solvents, oils and 53:1, Yellow 14, and Yellow 83) of the a petition filed in proper form by Apollo resins. The subject pigment dispersions Harmonized Tariff Schedule of the Colors Inc., General Press Colors, Ltd., are commonly known as ‘‘flush’’ or United States (‘‘HTS’’). Although the Magruder Color Company, Inc., and Sun ‘‘flushed color,’’ but the base form of the HTS subheadings are provided for Chemical Corporation (collectively, ‘‘the subject pigment dispersions is also convenience and customs purposes, the petitioners’’). The Department received included in the scope of this petition supplements on June 16, June investigation. The subject pigment 1 Prior to July 2002, this number was 18, and June 20, 2003. dispersions are a thick putty or paste 3204.17.9085.
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written description of the merchandise domestic like product. Thus, to colored pigment dispersions production under investigation is dispositive. determine whether a petition has the of these nine companies is not high As discussed in the preamble to the requisite industry support, the statute enough to place the petitioners’ industry Department’s regulations (Antidumping directs the Department to look to support in jeopardy. Based on all Duties; Countervailing Duties; Final producers and workers who produce the available information, we agree that the Rule, 62 FR 27296, 27323 (May 19, domestic like product. The International petitioners comprise over 50 percent of 1997)), we are setting aside a period for Trade Commission (‘‘ITC’’), which is all domestic colored pigment parties to raise issues regarding product responsible for determining whether dispersions production. coverage. The Department encourages ‘‘the domestic industry’’ has been Our review of the data provided in the all parties to submit such comments injured, must also determine what petition and other information readily within 20 calendar days of publication constitutes a domestic like product in available to the Department indicates of this notice. Comments should be order to define the industry. While both that the petitioners have established addressed to Import Administration’s the Department and the ITC must apply industry support representing over 50 Central Records Unit, Room 1870, U.S. the same statutory definition regarding percent of total production of the Department of Commerce, 14th Street the domestic like product (section domestic like product, requiring no and Constitution Avenue, NW., 771(10) of the Act), they do so for further action by the Department Washington, DC 20230. The period of different purposes and pursuant to a pursuant to section 702(c)(4)(D) of the scope consultations is intended to separate and distinct authority. In Act. In addition, the Department provide the Department with ample addition, the Department’s received no opposition to the petition opportunity to consider all comments determination is subject to limitations of from domestic producers of the like and consult with parties prior to the time and information. Although this product. Therefore, the domestic issuance of the preliminary may result in different definitions of the producers or workers who support the determination. like product, such differences do not petition account for at least 25 percent render the decision of either agency of the total production of the domestic Consultations 2 contrary to the law. like product, and the requirements of Pursuant to section 702(b)(4)(A)(ii) of Section 771(10) of the Act defines the section 702(c)(4)(A)(i) of the Act are the Act, the Department invited domestic like product as ‘‘a product met. Furthermore, the domestic representatives of the Government of which is like, or in the absence of like, producers or workers who support the India (‘‘GOI’’) for consultations with most similar in characteristics and uses petition account for more than 50 respect to the petition filed in this with, the article subject to an percent of the production of the proceeding. However, the GOI declined investigation under this title.’’ Thus, the domestic like product produced by that our invitation, and therefore reference point from which the portion of the industry expressing consultations were not held. domestic like product analysis begins is support for or opposition to the petition. ‘‘the article subject to an investigation,’’ Determination of Industry Support for Thus, the requirements of section i.e., the class or kind of merchandise to the Petition 702(c)(4)(A)(ii) of the Act also are met. be investigated, which normally will be Accordingly, the Department Section 702(b)(1) of the Act require the scope as defined in the petition. that a petition be filed on behalf of the With regard to the definition of determines that the petition was filed on domestic industry. Section 702(c)(4)(A) domestic like product, the petitioners behalf of the domestic industry within of the Act provide that the Department’s do not offer a definition of domestic like the meaning of section 702(b)(1) of the industry support determination, which product distinct from the scope of the Act. For more information on our is to be made before the initiation of the investigation. Based on our analysis of analysis and the data upon which we investigation, be based on whether a the information presented by the relied, see Import Administration AD/ minimum percentage of the relevant petitioners, we have determined that CVD Enforcement Initiation Checklist industry supports the petition. A there is a single domestic like product, (‘‘Initiation Checklist’’), Industry petition meets this requirement if the colored pigment dispersions, which is Support section and Attachment II, domestic producers or workers who defined in the ‘‘Scope of Investigation’’ dated June 25, 2003, on file in the support the petition account for: (1) at section above, and we have analyzed Central Records Unit of the main least 25 percent of the total production industry support in terms of this Department of Commerce building. of the domestic like product; and (2) domestic like product. Injury Test more than 50 percent of the production In their initial petition and of the domestic like product produced subsequent submissions, the petitioners Because India is a ‘‘Subsidies by that portion of the industry state that they comprise over 50 percent Agreement Country’’ within the expressing support for, or opposition to, of U.S. colored pigment dispersions meaning of section 701(b) of the Act, the petition. Moreover, section production. The petition identifies nine section 701(a)(2) applies to these 702(c)(4)(D) of the Act provide that, if additional U.S. companies engaged in investigations. Accordingly, the ITC the petition does not establish support the production of colored pigment must determine whether imports of the of domestic producers or workers dispersions, none of which have taken subject merchandise from India accounting for more than 50 percent of a position on (either for or against) the materially injure, or threaten material the total production of the domestic like petition. Through data provided by the injury to, a U.S. industry. product, the Department shall: (i) poll petitioners and our own independent Allegations and Evidence of Material the industry or rely on other research, we have determined that the Injury and Causation information in order to determine if there is support for the petition, as 2 See USEC, Inc. v. United States, 132 F. Supp. The petitioners allege that the U.S. required by subparagraph (A), or (ii) 2d 1,8 (Ct. Intl Trade 2001), citing Algoma Steel industry producing the domestic like determine industry support using a Corp. Ltd. v. United States, 688 F Supp. 639, 642– product is being materially injured, or is 44 (Ct. Int’l Trade 1988) (‘‘the ITC does not look statistically valid sampling method. behind ITA’s determination, but accepts ITAs threatened with material injury, by Section 771(4)(A) of the Act defines determination as to which merchandise is in the reason of imports of the subject the ‘‘industry’’ as the producers of a class of merchandise sold at LTFV’’). merchandise.
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The petitioners contend that the 14. Exemption of Export Credit from of up to 50 percent for expenditures industry’s injured condition is evident Interest Taxes such as consultant fees and equipment in the declining trends in net operating 15. Central Value Added Tax for research and development, and profits, net sales volumes, profit-to-sales (‘‘CENVAT’’) Scheme testing equipment. Petitioners claim that ratios, and production employment. The 16. Market Access Initiative (‘‘MAI’’) this alleged program results in a direct allegations of injury and causation are A discussion of evidence supporting transfer of funds from the State of supported by relevant evidence our initiation determination on these Gujarat that benefit the recipients in the including U.S. import data, lost sales, programs is contained in the Initiation amount of the infrastructure expenses and pricing information. We have Checklist. paid. assessed the allegations and supporting At this time, we are not including in The petitioners have provided no evidence regarding material injury and our investigation of colored pigment information indicating that the benefits causation, and we have determined that dispersions the following programs provided under this program are these allegations are properly supported alleged to benefit producers and specific. In particular, there is no by adequate evidence and meet exporters of the subject merchandise in information that the eligible companies statutory requirements for initiation. See India. comprise a specific group of industries the Initiation Checklist. 1. Special Economic Zones (State of within the meaning of section 771(5A) Gujarat Infrastructure Assistance of the Act and section 351.502 of the Initiation of Countervailing Duty Department’s regulations. Investigation Scheme) The Department has examined the According to the petitioners, the State 3. GOI Loans, Loan Guarantees, and countervailing duty petition on colored of Gujarat infrastructure provides Loan Forgiveness pigment dispersions from India and assistance to industrial units located in According to the petitioners, the found that it complies with the special economic zones under its Indian Ministry of Finance extends loan requirements of section 702(b) of the Special Economic Zones scheme. Under guarantees to selected Indian companies Act. Therefore, in accordance with the program, industrial units located in on an ad hoc basis and continues to section 702(b) of the Act, we are SEZs in Gujarat will receive incentives extend loan guarantees to non-steel initiating countervailing duty including exemption from electrical industrial sectors on an ad hoc basis. investigation to determine whether duty for ten years and exemption from Petitioners assert that the GOI has been manufacturers, producers, or exporters payment of sales and other levies. found to provide loans on terms that are of colored pigment dispersions receive Petitioners claim that this program more favorable than commercially countervailable subsidies. We will make results in revenue forgone by the State available. Petitioners also claim that the our preliminary determination no later of Gujarat and is specific to companies GOI has forgiven past loans in some than 65 days after the date of this located within a designated geographic cases. Lastly, the petitioners allege that initiation, unless this deadline is region of Gujarat. Hindustan and other Indian producers extended pursuant to section 703(b)(1) In Final Negative Countervailing Duty and exporters of subject merchandise of the Act. Determination; Carbon Steel Wire Rod have received countervailable subsidies We are including in our investigation From Singapore, 51 FR 3357 (January in the forms of GOI loans, loan the following programs alleged in the 27, 1986), we found that the right to guarantees, and loan forgiveness. petition to have provided a locate in an industrial park can confer The petitioners have provided no countervailable subsidy to a subsidy only if the government limits information to support their supposition manufacturers, producers, or exporters the firms that can locate in the that manufacturers and exporters of the of colored pigment dispersions: industrial park. The petitioners have subject merchandise received loans, provided no information indicating that 1. Duty Entitlement Passbook Scheme loan guarantees, or debt forgiveness. the State of Gujarat is limiting access to 2. Advance Licenses Distribution of Copies of the Petition 3. Duty Free Replenishment Certificate the SEZ. Thus, the petitioners have not Scheme provided sufficient evidence that this In accordance with section 4. Import Mechanism (Sale of Licenses) alleged subsidy is specific within the 702(b)(4)(A)(i)) of the Act, a copy of the 5. Pre-Shipment and Post-Shipment meaning of section 771(5A) of the Act public version of the petition has been Export Financing and section 351.502 of the Department’s provided to the representatives of the 6. Export Promotion Capital Goods regulations. Government of India. We will attempt to Scheme (‘‘EPCGS’’) 2. Financial Assistance for Upgradation provide a copy of the public version of 7. Benefits for Export Processing Zones/ of Quality in SSI/Medium & Large Scale the petition to each exporter named in Export Oriented Units (‘‘EPZ/EOU’’) Sector (State of Gujarat Infrastructure the petition, as provided for under 19 8. Special Imprest Licenses (Deemed Assistance Scheme) CFR 351.203(c)(2). Exports) 9. Incentive Scheme for Export Oriented According to the petitioners, the State ITC Notification Park, Export Oriented Units (State of of Gujarat provides infrastructure We have notified the ITC of our Gujarat Infrastructure Assistance assistance to registered industrial units initiation as required by section 702(d) Scheme) under its Financial Assistance for of the Act. 10. Subsidy Scheme for Medium and Upgradation of Quality in SSI/Medium Preliminary Determination by the ITC Large Industries (State of Gujarat & Large Scale Section. This alleged Infrastructure Assistance Scheme) program applies to ‘‘all industrial units The ITC will preliminarily determine 11. Income Tax Exemption Scheme which have been registered as a SSI/ no later than July 21, 2003, whether (‘‘ITES’’) (Sections 10A, 10B and SSEB with respective DICs or/and there is a reasonable indication that 80HHC) industries registered under Industries imports of Certain Colored Synthetic 12. Re-Discounting of Export Bills (Development & Regulation) Act, 1951 Organic Oleoresinous Pigment Abroad (‘‘EBR’’) as amended * * *.’’ Under this alleged Dispersions from India are causing 13. Pre-Export and Post-Export Credits program, eligible industrial units are material injury, or threatening to cause in Foreign Country eligible for government reimbursements material injury, to a U.S. industry. A
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negative ITC determination will result VCAT Information Miscellaneous in the investigation being terminated, The VCAT was established in 1. Members of the VCAT are not paid otherwise, this investigation will accordance with 15 U.S.C. 278 and the for their service, but will, upon request, proceed according to statutory and Federal Advisory Committee Act (5 be allowed travel expenses in regulatory time limits. U.S.C. app. 2). accordance with 5 U.S.C. 5701 et seq., This notice is issued and published while attending meetings of the pursuant to section 777(i) of the Act. Objectives and Duties Committee or of its subcommittees, or Dated: June 25, 2003. 1. The Committee shall review and while otherwise performing duties at Joseph A. Spetrini, make recommendations regarding the request of the chairperson, while Acting Assistant Secretary for Import general policy for NIST, its organization, away from their homes or a regular Administration. its budget, and its programs, within the place of business. [FR Doc. 03–16670 Filed 7–1–03; 8:45 am] framework of applicable national 2. Meetings of the VCAT take place in the Washington, DC metropolitan area, BILLING CODE 3510–DS–P policies as set forth by the President and the Congress. usually at the NIST headquarters in 2. The Committee functions solely as Gaithersburg, Maryland, and once each DEPARTMENT OF COMMERCE an advisory body, in accordance with year at the NIST headquarters in the provisions of the Federal Advisory Boulder, Colorado. Meetings are one or National Institute of Standards and Committee Act. two days in duration and are held Technology 3. The Committee shall report to the quarterly. Director of NIST. 3. Committee meetings are open to the Visiting Committee on Advanced 4. The Committee shall provide a public except for approximately one Technology written annual report, through the hour, usually at the beginning of the meeting, a closed session is held in AGENCY: National Institute of Standards Director of NIST, to the Secretary of Commerce for submission to the accordance with 5 U.S.C. 552b(c)(6), and Technology, Department of because divulging information Commerce. Congress on or before January 31 each year. Such report shall deal essentially, discussed in those portions of the ACTION: Request for nominations of though not necessarily exclusively, with meetings is likely to reveal information members to serve on the Visiting of a personal nature where disclosure Committee on Advanced Technology. policy issues or matters which affect the Institute, or with which the Committee would constitute a clearly unwarranted invasion of personal privacy. All other SUMMARY: NIST invites and requests in its official role as the private sector portions of the meetings are open to the nomination of individuals for policy adviser of the Institute is public. appointment to the Visiting Committee concerned. Each such report shall on Advanced Technology (VCAT). The identify areas of research and research Nomination Information terms of some of the members of the techniques of the Institute of potential 1. Nominations are sought from all VCAT will soon expire. NIST will importance to the long-term fields described above. consider nominations received in competitiveness of United States 2. Nominees should have established response to this notice for appointment industry, which could be used to assist records of distinguished service and to the Committee, in addition to United States enterprises and United shall be eminent in fields such as nominations already received. States industrial joint research and business, research, new product DATES: Please submit nominations on or development ventures. The Committee development, engineering, labor, before July 17, 2003. shall submit to the Secretary and the education, management consulting, Congress such additional reports on ADDRESSES: Please submit nominations environment and international relations. to Nancy Miles, Administrative specific policy matters as it deems The category (field of eminence) for Coordinator, Visiting Committee on appropriate. which the candidate is qualified should Advanced Technology, National Membership be specified in the nomination letter. Institute of Standards and Technology, Nominations for a particular category 1. The Committee is composed of 100 Bureau Drive, Mail Stop 1000, should come from organizations or fifteen members that provide Gaithersburg, MD 20899–1000. individuals within that category. A representation of a cross-section of Nominations may also be submitted via summary of the candidate’s traditional and emerging United States FAX to (301) 869–8972. qualifications should be included with industries. Members shall be selected Additional information regarding the the nomination, including (where solely on the basis of established Committee, including its charter, applicable) current or former service on records of distinguished service and current membership list, and executive federal advisory boards and federal shall be eminent in one or more fields summary may be found on its electronic employment. In addition, each such as business, research, new product Home page at: http://www.nist.gov/ nomination letter should state that the development, engineering, labor, director/vcat/vcat.htm. person agrees to the nomination, education, management consulting, acknowledge the responsibilities of FOR FURTHER INFORMATION CONTACT: environment, and international serving on the VCAT, and will actively Nancy Miles, Administrative relations. No employee of the Federal participate in good faith in the tasks of Coordinator, Visiting Committee on Government shall serve as a member of the VCAT. Besides participation at Advanced Technology, National the Committee. meetings, it is desired that members be Institute of Standards and Technology, 2. The Director of the National able to devote the equivalent of two 100 Bureau Drive, Mail Stop 1000, Institute of Standards and Technology days between meetings to either Gaithersburg, MD 20899–1000, shall appoint the members of the developing or researching topics of telephone (301) 975–2300, fax (301) Committee, and they will be selected on potential interest, and so forth in 869–8972; or via e-mail at a clear, standardized basis, in furtherance of their Committee duties. [email protected]. accordance with applicable Department 3. The Department of Commerce is SUPPLEMENTARY INFORMATION of Commerce guidance. committed to equal opportunity in the
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workplace and seeks a broad-based and The Committee will function solely as Government Act of 2002 (Pub. L. 107– diverse VCAT membership. an advisory body, in compliance with 347), Title III, the Federal Information Dated: June 25, 2003. the provisions of the Federal Advisory Security Management Act of 2002, Karen H. Brown, Committee Act. Section 21 of the National Institute of Standards and Technology Act (15 Deputy Director. Authority: Federal Advisory Committee Act: 5 U.S.C. App.2 and General Services U.S.C. 278g–4, the Board’s charter was [FR Doc. 03–16655 Filed 7–1–03; 8:45 am] Administration Rule: 41 CFR subpart amended. This amendment included the BILLING CODE 3510–CN–P 101–6.10. name change of the Board. Dated: June 25, 2003. Objectives and Duties DEPARTMENT OF COMMERCE Karen H. Brown, The objectives and duties of the Deputy Director. ISPAB are: National Institute of Standards and [FR Doc. 03–16656 Filed 7–1–03; 8:45 am] Technology 1.To identify emerging managerial, BILLING CODE 3510–13–P technical, administrative, and physical Advanced Technology Program (ATP) safeguard issues relative to information security and privacy. Advisory Committee DEPARTMENT OF COMMERCE 2. To advise the NIST, the Secretary AGENCY: National Institute of Standards of Commerce and the Director of the and Technology, Department of National Institute of Standards and Technology Office of Management and Budget on Commerce. information security and privacy issues ACTION: Request for nominations of Information Security and Privacy pertaining to Federal Government members to serve on the Advanced Advisory Board; Request for information systems, including Technology Program Advisory Nominations thorough review of proposed standards Committee. and guidelines developed by NIST. AGENCY: National Institute of Standards SUMMARY: NIST invites and requests 3. To annually report its findings to and Technology (NIST), Commerce. the Secretary of Commerce, the Director nomination of individuals for ACTION: Request for nominations of appointment to the Advanced of the Office of Management and members to serve on the Information Budget, the Director of the National Technology Program Advisory Security and Privacy Advisory Board. Committee. NIST will consider Security Agency, and the appropriate committees of the Congress. nominations received in response to this SUMMARY: NIST invites and requests notice for appointment to the nominations of individuals for 4. To function solely as an advisory Committee, in additional to appointment to the Information Security body, in accordance with the provisions nominations already received. and Privacy Advisory Board (ISPAB). of the Federal Advisory Committee Act. DATES: Please submit nominations on or NIST will consider nominations Membership received in response to this notice for before July 17, 2003. The ISPAB is comprised of twelve ADDRESSES: Please submit nominations appointment to the Board, in addition to nominations already received. members, in addition to the to Mr. Marc Stanley, National Institute Chairperson. The membership of the of Standards and Technology, 100 DATES: The nomination period is open- Board includes: Bureau Drive, Mail Stop 4700, ended. (1) Four members from outside the Gaithersburg, MD 20899–4700. ADDRESSES: Please submit nominations Federal Government eminent in the Nominations may also be submitted via to Joan Hash, ISPAB Secretary, NIST, information technology industry, at FAX to 301–869–1150. 100 Bureau Drive, M.S. 8930, least one of whom is representative of Additional information regarding the Gaithersburg, MD 20899–8930. small or medium sized companies in Committee, including its charter and Nominations may also be submitted via such industries; current membership list may be found fax to 301–948–2733, Attn: ISPAB (2) Four members from outside the on its electronic Home page at: http:// Nominations. Federal Government who are eminent in www.atp.nist.gov/atp/adv_com/ Additional information regarding the _ the fields of information technology, or ac menu.htm. Board, including its charter and current related disciplines, but who are not FOR FURTHER INFORMATION CONTACT: Mr. membership list, may be found on its employed by or representative of a Marc Stanley, National Institute of electronic Home page at:
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Chairperson, while away from their DEPARTMENT OF COMMERCE 2. The Judges Panel will ensure that homes or a regular place of business. individuals on site visit teams for the National Institute of Standards and Meetings of the Board are two to three Award finalists have no conflict of Technology days in duration and are held quarterly. interest with respect to the finalists. The The meetings primarily take place in the Panel will also review recommendations Judges Panel of the Malcolm Baldrige from site visits, and recommend Award Washington, DC metropolitan area but National Quality Award recipients. may be held at such locations and at AGENCY: National Institute of Standards 3. The Judges Panel will function such time and place as determined by solely as an advisory body, and will the majority of the Board. and Technology (NIST), Department of Commerce. comply with the provisions of the Board meetings are open to the public ACTION: Request for nominations of Federal Advisory Committee Act. and members of the press usually members to serve on the Judges Panel of 4. The Panel will report to the attend. Members do not have access to the Malcolm Baldrige National Quality Director of NIST. classified or proprietary information in Award. Membership connection with their Board duties. SUMMARY: NIST invites and requests 1. The Judges Panel is composed of at II. Nomination Information nomination of individuals for least nine, and not more than twelve, appointment to the Judges Panel of the members selected on a clear, Nominations are being accepted in all Malcolm Baldrige National Quality standardized basis, in accordance with three categories described above. Award (Judges Panel). The terms of applicable Department of Commerce Nominees should have specific some of the members of the Judges guidance. There will be a balanced experience related to information Panel will soon expire. NIST will representation from U.S. service and security or electronic privacy issues, consider nominations received in manufacturing industries, education, particularly as they pertain to Federal response to this notice for appointment and health care and will include information technology. Letters of to the Committee, in addition to members familiar with quality nominations should include the nominations already received. improvement in their area of business. category of membership for which the DATES: Please submit nominations on or No employee of the Federal Government candidate is applying and a summary of before July 17, 2003. shall serve as a member of the Judges the candidate’s qualifications for that ADDRESSES: Please submit nominations Panel. 2. The Judges Panel will be appointed specific category. Also include (where to Harry Hertz, Director, National by the Secretary of Commerce and will applicable) current or former service on Quality Program, NIST, 100 Bureau serve at the discretion of the Secretary. Federal advisory boards and any Federal Drive, Mail Stop 1020, Gaithersburg, MD 20899–1020. Nominations may also The term of office of each Panel member employment. Each nomination letter shall be three years. All terms will should state that the person agrees to be submitted via FAX to (301) 948– 3716. Additional information regarding commence on March 1 and end on the nomination, acknowledges the February 28 of the appropriate year. responsibilities of serving on the ISPAB, the Committee, including its charter, and that they will actively participate in current membership list, and executive Miscellaneous summary may be found on its electronic good faith in the tasks of the ISPAB. 1. Members of the Judges Panel shall Home page at: http:// serve without compensation, but may, Besides participation at meetings, it is www.quality.nist.gov. desired that members be able to devote upon request, be reimbursed travel FOR FURTHER INFORMATION CONTACT: a minimum of two days between expenses, including per diem, as Harry Hertz, Director, National Quality meetings to developing draft issue authorized by 5 U.S.C. 5701 et seq. Program and Designated Federal 2. The Judges Panel will meet four papers, researching topics of potential Official, NIST, 100 Bureau Drive, Mail times per year. Additional meetings may interest, and so forth in furtherance of Stop 1020, Gaithersburg, MD 20899– be called as deemed necessary by the their Board duties. 1020; telephone (301) 975–2361; FAX NIST Director or by the Chairperson. Selection of ISPAB members will not (301) 948–3716; or via e-mail at Meetings are one to four days in be limited to individuals who are [email protected]. duration. In addition, each Judge must nominated. Nominations that are SUPPLEMENTARY INFORMATION: attend an annual three-day Examiner received and meet the requirements will training course. be kept on file to be reviewed as Board I. Judges Panel Information 3. Committee meetings are closed to vacancies occur. The Judges Panel was established in the public pursuant to section 10(d) of the Federal Advisory Committee Act, 5 Nominees must be U.S. citizens. accordance with 15 U.S.C. 3711a(d)(1), the Federal Advisory Committee Act (5 U.S.C. app. 2, as amended by section The Department of Commerce is U.S.C. app. 2), The Malcolm Baldrige 5(c) of the Government in the Sunshine committed to equal opportunity in the National Quality Improvement Act of Act, Pub. L. 94–409, and in accordance workplace and seeks a broad-based and 1987 (Pub. L. 101–107). with section 552b(c)(4) of title 5, United diverse ISPAB membership. States Code. Since the members of the Objectives and Duties Dated: June 25, 2003. Judges Panel examine records and 1. The Judges Panel will ensure the discuss Award applicant data, the Karen H. Brown, integrity of the Malcolm Baldrige meeting is likely to disclose trade Acting Director, NIST. National Quality Award selection secrets; and commercial or financial [FR Doc. 03–16658 Filed 7–1–03; 8:45 am] process by reviewing the results of information obtained from a person may BILLING CODE 3510–CN–P examiners’ scoring of written be privileged or confidential. applications, and then voting on which applicants merit site visits by examiners II. Nomination Information to verify the accuracy of quality 1. Nominations are sought from all improvements claimed by applicants. U.S. service and manufacturing
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industries, education, and health care as received in response to this notice for and health care. The Board will include described above. appointment to the Committee, in members familiar with the quality 2. Nominees should have established addition to nominations already improvement operations of records of distinguished service and received. manufacturing companies, service shall be familiar with the quality DATES: Please submit nominations on or companies, small businesses, education, improvement operations of before July 17, 2003. and health care. No employee of the manufacturing companies, service ADDRESSES: Please submit nominations Federal Government shall serve as a companies, small businesses, education to Harry Hertz, Director, National member of the Board of Overseers. and health care organizations. The 2. The Board will be appointed by the Quality Program, NIST, 100 Bureau category (field of eminence) for which Secretary of Commerce and will serve at Drive, Mail Stop 1020, Gaithersburg, the candidate is qualified should be the discretion of the Secretary. The term MD 20899–1020. Nominations may also specified in the nomination letter. of office of each Board member shall be be submitted via FAX to 301–948–3716. Nominations for a particular category three years. All terms will commence on Additional information regarding the should come from organizations or March 1 and end on February 28 of the Committee, including its charter, individuals within that category. A appropriate year. current membership list, and executive summary of the candidate’s summary may be found on its electronic Miscellaneous qualifications should be included with Home page at: http:// the nomination, including (where 1. Members of the Board shall serve www.quality.nist.gov. applicable) current or former service on without compensation, but may, upon federal advisory boards and federal FOR FURTHER INFORMATION CONTACT: request, be reimbursed travel expenses, employment. In addition, each Harry Hertz, Director, National Quality including per diem, as authorized by 5 nomination letter should state that the Program and Designated Federal U.S.C. 5701 et seq. person agrees to the nomination, Official, NIST, 100 Bureau Drive, Mail 2. The Board will meet twice acknowledge the responsibilities of Stop 1020, Gaithersburg, MD 20899– annually, except that additional serving on the Judges Panel, and will 1020; telephone 301–975–2361; FAX— meetings may be called as deemed actively participate in good faith in the 301–948–3716; or via e-mail at necessary by the NIST Director or by the tasks of the Judges Panel. Besides [email protected]. Chairperson. Meetings are one day in participation at meetings, it is desired SUPPLEMENTARY INFORMATION: duration. that members be able to devote the 3. Board meetings are open to the equivalent of seventeen days between I. Board of Overseers of the Malcolm public. Board members do not have meetings to either developing or Baldrige National Quality Award access to classified or proprietary researching topics of potential interest, Information information in connection with their reading Baldrige applications, and so The Board was established in Board duties. forth, in furtherance of their Committee accordance with 15 U.S.C. II. Nomination Information 3711a(d)(2)(B), pursuant to the Federal duties. 1. Nominations are sought from the 3. The Department of Commerce is Advisory Committee Act (5 U.S.C. private sector as described above. committed to equal opportunity in the app.2). 2. Nominees should have established workplace and seeks a broad-based and Objectives and Duties records of distinguished service and diverse Judges Panel membership. 1. The Board shall review the work of shall be familiar with the quality Dated: June 25, 2003. the private sector contractor(s), which improvement operations of Karen H. Brown, assists the Director of the National manufacturing companies, service Deputy Director. Institute of Standards and Technology companies, small businesses, education, [FR Doc. 03–16653 Filed 7–1–03; 8:45 am] (NIST) in administering the Award. The and health care. The category (field of BILLING CODE 3510–CN–P Board will make such suggestions for eminence) for which the candidate is the improvement of the Award process qualified should be specified in the as it deems necessary. nomination letter. Nominations for a DEPARTMENT OF COMMERCE 2. The Board shall provide a written particular category should come from annual report on the results of Award organizations or individuals within that National Institute of Standards and activities to the Secretary of Commerce, category. A summary of the candidate’s Technology along with its recommendations for the qualifications should be included with improvement of the Award process. the nomination, including (where Board of Overseers of the Malcolm applicable) current or former service on Baldrige National Quality Award 3. The Board will function solely as an advisory committee under the federal advisory boards and federal AGENCY: National Institute of Standards Federal Advisory Committee Act. employment. In addition, each and Technology, Department of 4. The Board will report to the nomination letter should state that the Commerce. Director of NIST and the Secretary of person agrees to the nomination, ACTION: Request for nominations of Commerce. acknowledges the responsibilities of serving on the Board, and will actively members to serve on the Board of Membership Overseers of the Malcolm Baldrige participate in good faith in the tasks of National Quality Award. 1. The Board will consist of the Board. Besides participation at approximately eleven members selected meetings, it is desired that members be SUMMARY: NIST invites and requests on a clear, standardized basis, in able to devote the equivalent of seven nomination of individuals for accordance with applicable Department days between meetings to either appointment to Board of Overseers of of Commerce guidance, and for their developing or researching topics of the Malcolm Baldrige National Quality preeminence in the field of quality potential interest, and so forth, in Award (Board). The terms of some of the management. There will be a balanced furtherance of their Board duties. members of the Board will soon expire. representation from U.S. service and 3. The Department of Commerce is NIST will consider nominations manufacturing industries, education committed to equal opportunity in the
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workplace and seeks a broad-based and others involved in industrial extension documentation and verification of VMS diverse Board membership. throughout the United States. installation, (3) automated position Dated: June 25, 2003. The Board will function solely as an reports from the VMS twice per hour, Karen H. Brown, advisory body, in compliance with the (4) daily reporting of catch and related provisions of the Federal Advisory information, (5) notification of intent to Deputy Director. Committee Act. participate in the fishery 15 days prior [FR Doc. 03–16654 Filed 7–1–03; 8:45 am] Authority: Federal Advisory Committee to the opening of the exemption area, BILLING CODE 3510–13–P Act: 5 U.S.C. App. 2 and General Services and (6) notification at least 5 days prior Administration Rule: 41 CFR subpart 101– to leaving on a fishing trip to allow for 6.10. observer assignment. DEPARTMENT OF COMMERCE Dated: June 25, 2003. II. Method of Collection National Institute of Standards and Karen H. Brown Verification of VMS installation is Technology Deputy Director. made by submission of a paper [FR Doc. 03–16657 Filed 7–1–03; 8:45 am] Manufacturing Extension Partnership document. Other reporting is done National Advisory Board (MEPNAB) BILLING CODE 3510–13–M electronically via the VMS unit’s e-mail messaging system. AGENCY: National Institute of Standards and Technology, Department of DEPARTMENT OF COMMERCE III. Data Commerce. National Oceanic and Atmospheric OMB Number: 0648–0416. ACTION: Request for nominations of Administration Form Number: None. members to serve on the Manufacturing Type of Review: Regular submission. Extension Partnership National [I.D. 062603A] Affected Public: Business or other for- Advisory Board. Proposed Information Collection; profit organizations, individuals or SUMMARY: NIST invites and requests Comment Request; Northeast Region households, and not-for-profit nomination of individuals for Sea Scallop Exemption Requirements institutions. Estimated Number of Respondents: appointment to the Manufacturing AGENCY: National Oceanic and 267. Extension Partnership National Atmospheric Administration (NOAA). Advisory Board. NIST will consider Estimated Time Per Response: 1 hour ACTION: Notice. nominations received in response to this for VMS installation; 5 minutes for a notice for appointment to the Board, in SUMMARY: The Department of VMS documentation/verification addition to nominations already Commerce, as part of its continuing requirement; 5 seconds for an received. effort to reduce paperwork and automated VMS position report; 10 minutes for daily transmittal of catch DATES: Please submit nominations on or respondent burden, invites the general and related information; and 2 minutes before July 17, 2003. public and other Federal agencies to take this opportunity to comment on for a notification of intent to participate ADDRESSES: Please submit nominations proposed and/or continuing information in the fishery or a notification before to Ms. Carrie Hines, National Institute of collections, as required by the leaving on a fishing trip. Standards and Technology, 100 Bureau Paperwork Reduction Act of 1995, Estimated Total Annual Burden Drive, Mail Stop 4800, Gaithersburg, Public Law 104–13 (44 U.S.C. Hours: 2,950. MD 20899–4800. Nominations may also 3506(c)(2)(A)). Estimated Total Annual Cost to be submitted via FAX to 301–963–6556. Public: $195,000. Additional information regarding the DATES: Written comments must be Board, including its charter and current submitted on or before September 2, IV. Request for Comments membership list may be found on its 2003. Comments are invited on: (a) whether electronic Home page at http:// ADDRESSES: Direct all written comments the proposed collection of information www.mep.nist.gov/index-nist.html. to Diana Hynek, Departmental is necessary for the proper performance FOR FURTHER INFORMATION CONTACT: Ms. Paperwork Clearance Officer, of the functions of the agency, including Carrie Hines, National Institute of Department of Commerce, Room 6625, whether the information shall have Standards and Technology, 100 Bureau 14th and Constitution Avenue, NW, practical utility; (b) the accuracy of the Drive, Mail Stop 4800, Gaithersburg, Washington, DC 20230 (or via the agency’s estimate of the burden MD 20899–4800; telephone 301–975– Internet at [email protected]). (including hours and cost) of the 3360, fax 301–963–6556; or via e-mail at FOR FURTHER INFORMATION CONTACT: proposed collection of information; (c) [email protected]. Requests for additional information or ways to enhance the quality, utility, and SUPPLEMENTARY INFORMATION: The Board copies of the information collection clarity of the information to be will advise the Director of the National instrument and instructions should be collected; and (d) ways to minimize the Institute of Standards and Technology directed to Peter Christopher, 978–281– burden of the collection of information (NIST) o MEP programs, plans, and 9288, or at [email protected]. on respondents, including through the policies. SUPPLEMENTARY INFORMATION: use of automated collection techniques The Board will consist of nine or other forms of information individuals appointed by the Director of I. Abstract technology. the National Institute of Standards and Sea scallop fishermen wishing to fish Comments submitted in response to Technology (NIST) under the in exemption areas are subject to certain this notice will be summarized and/or advisement of the Director of MEP. vessel monitoring system (VMS) and included in the request for OMB Membership on the Board shall be communications requirements. The approval of this information collection; balanced to represent the views and information requirements are: (1) VMS they also will become a matter of public needs of customers, providers, and purchase and installation, (2) record.
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Dated: June 25, 2003. III. Data ensure that National Oceanic and Gwellnar Banks, OMB Number: 0648–0262. Atmospheric Administration (NOAA) Management Analyst, Office of the Chief Form Number: None. science programs are of the highest Information Officer. Type of Review: Regular submission. quality and provide optimal support to [FR Doc. 03–16780 Filed 7–1–03; 8:45 am] Affected Public: Business or other for- resource management. BILLING CODE 3510–22–S profit organizations, individuals or Time and date: The meeting will be households. held Tuesday, July 15, 2003, from 10 Estimated Number of Respondents: 4. a.m. to 5 p.m.; and Wednesday, July 16, DEPARTMENT OF COMMERCE Estimated Time Per Response: 15 minutes. 2003, from 8 a.m. to 4 p.m. These times National Oceanic and Atmospheric Estimated Total Annual Burden and the agenda topics described below Administration Hours: 1. may be subject to change. Refer to the Estimated Total Annual Cost to web page listed below for the most up- [I.D. 062603B] Public: $0. to-date meeting agenda. IV. Request for Comments Place: The meeting will be held both Proposed Information Collection; Comments are invited on: (a) whether days at the Key Bridge Marriott Hotel, Comment Request; Information for the proposed collection of information 1401 Lee Highway, Arlington, VA. Share Transfer in the Wreckfish is necessary for the proper performance Fishery of the functions of the agency, including Status: The meeting will be open to whether the information shall have public participation with a 30-minute AGENCY: National Oceanic and time period set aside on Wednesday, Atmospheric Administration (NOAA). practical utility; (b) the accuracy of the agency’s estimate of the burden July 16 for direct verbal comments or ACTION: Notice. (including hours and cost) of the questions from the public. The SAB expects that public statements presented SUMMARY: The Department of proposed collection of information; (c) at its meetings will not be repetitive of Commerce, as part of its continuing ways to enhance the quality, utility, and effort to reduce paperwork and clarity of the information to be previously submitted verbal or written respondent burden, invites the general collected; and (d) ways to minimize the statements. In general, each individual public and other Federal agencies to burden of the collection of information or group making a verbal presentation take this opportunity to comment on on respondents, including through the will be limited to a total time of five (5) proposed and/or continuing information use of automated collection techniques minutes. Written comments (at least 35 collections, as required by the or other forms of information copies) should be received in the SAB Paperwork Reduction Act of 1995, technology. Executive Director’s Office by July 3, Public Law 104–13 (44 U.S.C. Comments submitted in response to 2003, to provide sufficient time for SAB 3506(c)(2)(A)). this notice will be summarized and/or review. Written comments received by included in the request for OMB the SAB Executive Director after July 3, DATES: Written comments must be approval of this information collection; submitted on or before September 2, 2003, will be distributed to the SAB, but they also will become a matter of public may not be reviewed prior to the 2003. record. meeting date. Approximately thirty (30) ADDRESSES: Direct all written comments Dated: June 25, 2003. seats will be available for the public to Diana Hynek, Departmental Gwellnar Banks, including five (5) seats reserved for the Paperwork Clearance Officer, Management Analyst, Office of the Chief media. Seats will be available on a first- Department of Commerce, Room 6625, Information Officer. come, first-served basis. 14th and Constitution Avenue, NW, [FR Doc. 03–16781 Filed 7–1–03; 8:45 am] Matters to be considered: The meeting Washington, DC 20230 (or via the BILLING CODE 3510–22–S Internet at [email protected]). will include the following topics: (1) FOR FURTHER INFORMATION CONTACT: Updates on the Climate Change Science Requests for additional information or DEPARTMENT OF COMMERCE Plan, Interagency Climate Programs and copies of the information collection the Earth Observing Summit, (2) Fiscal instrument and instructions should be National Oceanic and Atmospheric Year 2006 Program Priorities, (3) the directed to Robert Sadler, 727–570– Administration NOAA Research Council, (4) the 5326, or [email protected]. National Centers for Environmental Science Advisory Board SUPPLEMENTARY INFORMATION: Prediction, (5) the Consortium for AGENCY: Office of Oceanic and Oceanographic Research and Education, I. Abstract Atmospheric Research, NOAA, (6) the NOAA Education Council, (7) The individual transferable quota Commerce. Cooperative Science Centers at Minority system in the wreckfish fishery is based ACTION: Notice of open meeting. Serving Institutions, (8) the SAB Review on percentage shares. Persons holding Panel Report on the Cooperative shares may sell or otherwise transfer SUMMARY: The Science Advisory Board Institute for Marine and Atmospheric them to others, but information about (SAB) was established by a Decision Sciences, and (9) public statements. the proposed transfer must first be Memorandum dated September 25, FOR FURTHER INFORMATION CONTACT: Dr. provided to NOAA. The information is 1997, and is the only Federal Advisory needed to manage the quota system, and Committee with responsibility to advise Michael Uhart, Executive Director, information about the sales price is used the Under Secretary of Commerce for Science Advisory Board, NOAA, Rm. in economic analyses. Oceans and Atmosphere on long- and 11142, 1315 East-West Highway, Silver short-range strategies for research, Spring, Maryland 20910. (Phone: 301– II. Method of Collection education, and application of science to 713–9121, Fax: 301–713–0163, e-mail: The information is submitted in paper resource management. SAB activities [email protected]); or visit the form. and advice provide necessary input to
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NOAA SAB website at http:// vessels and that it will therefore be CORPORATION FOR NATIONAL AND www.sab.noaa.gov. necessary for them to employ foreign COMMUNITY SERVICE break-bulk refrigerated cargo vessels to Alexander E. MacDonald, support their operations. Notice of Availability of Funds for Assistant Administrator (Acting), OAR. AmeriCorps*VISTA Program Grants [FR Doc. 03–16625 Filed 7–1–03; 8:45 am] In the interest of expediting the AGENCY BILLING CODE 3510–KB–P issuance of required permits and in : Corporation for National and accordance with section 204(d)(3) of the Community Service. Magnuson-Stevens Act, the JV partners ACTION: Notice of funding availability. DEPARTMENT OF COMMERCE have requested and received from the New England Fishery Management SUMMARY: The Corporation for National National Oceanic and Atmospheric Council and the Mid-Atlantic Fishery and Community Service (hereinafter the Administration Management Council, a ‘Corporation’) announces the availability of approximately $3,000,000 [I.D. 060503B] recommendation that any break-bulk refrigerated cargo vessels required to in fiscal year 2003 funds to award AmeriCorps*VISTA program grants to Permits; Foreign Fishing support approved foreign fishing eligible nonprofit and public operations in the EEZ be permitted AGENCY: National Marine Fisheries organizations. The Corporation under section 204(d) of the Magnuson- Service (NMFS), National Oceanic and anticipates making between 5 and 15 Stevens Act. Atmospheric Administration (NOAA), AmeriCorps*VISTA program grants Commerce. In accordance with section under this announcement. Each grant ACTION: Notice to U.S. vessel owners of 204(d)(3)(D) of the Magnuson-Stevens budget will support a minimum of 15 need for break-bulk refrigerated cargo Act, NMFS is notifying interested and a maximum of 50 vessels. parties of the need of the JV partners for AmeriCorps*VISTA members on a full- break-bulk refrigerated cargo vessels to time basis for one year of service. The SUMMARY: NMFS provides notice to U.S. transship processed fishery products at- Corporation will make awards covering vessel owners of the need for break-bulk sea and transport the products to points a period not to exceed one year with a refrigerated cargo vessels to support outside the United States. Further potential for an additional two years of approved foreign fishing operations in information about the requirements of funding, contingent upon satisfactory the U.S. Exclusive Economic Zone the JV partners is available from NMFS performance, the availability of funds, (EEZ). (see ADDRESSES). Owners or operators of and other criteria established in the ADDRESSES: Additional information on vessels of the United States who purport award agreement. These estimates are this action may be obtained from NMFS, to have vessels with adequate capacity projections for the guidance of potential Office of Sustainable Fisheries, to perform the required transportation at applicants. The Corporation is not International Fisheries Division, 1315 fair and reasonable rates should indicate bound by any estimate in this notice. East-West Highway, Silver Spring, MD their interest in doing so to NMFS (see Publication of this announcement does 20910. ADDRESSES). NMFS will provide notice not obligate the Corporation to award of such interest to any 204(d) permit any specific number of grants or to FOR FURTHER INFORMATION CONTACT: applicant(s) and consider such interest obligate the entire amount of funds Robert A. Dickinson, Office of in making a determination in available, or any part thereof, for grants Sustainable Fisheries, (301) 713–2276. accordance with section 204(d)(3)(D) of under the AmeriCorps*VISTA program. SUPPLEMENTARY INFORMATION: Under the the Magnuson-Stevens Act. Applicable regulations include the Magnuson-Stevens Fishery uniform administrative requirements for Conservation and Management Act (16 In consideration of the Councils’ grants and agreements with institutions U.S.C. 1801 et seq.) (Magnuson-Stevens recommendation, the apparent lack of of higher education, hospitals, and other Act), any person may submit an available U.S.-flag break-bulk nonprofit organizations, 45 CFR part application requesting a permit refrigerated cargo vessels (as reported by 2543 or the uniform administrative authorizing a vessel other than a vessel the JV partners), and the requirement to requirements for grants and cooperative of the United States to engage in fishing process and issue on short notice agreements to State and local consisting solely of transporting fish or permits requested in accordance with governments, 45 CFR part 2541. fish products at sea from a point within section 204(d) of the Magnuson-Stevens AmeriCorps*VISTA assigns the EEZ or, with the concurrence of a Act, until an owner or operator of a individuals 18 years and older, on a State, within the boundaries of that vessel of the United States having full-time, year-long basis, to public and State, to a point outside the United adequate capacity to perform the private nonprofit organizations whose States. required transportation at fair and goals are in accord with Potential joint venture (JV) partners reasonable rates is identified, NMFS AmeriCorps*VISTA’s legislative have reported that they will need to intends to approve as expeditiously as mission. (42 U.S.C. 4951) The purpose have a number of break-bulk refrigerated possible all complete applications for of these program grants is to create and cargo vessels permitted under section 204(d) transshipment permits submitted expand opportunities for low income 204(d) of the Magnuson-Stevens Act to by U.S. JV partners in support of individuals in one of the following support approved foreign fishing approved foreign fishing operations in broad areas: (1) Children and youth; (2) operations in the EEZ. The JV partners the EEZ. welfare to work; (3) financial asset have reported that arrangements for development; (4) seniors in poverty, and Dated: June 26, 2003. such support vessels must generally be (5) homeland security. made on short notice immediately prior Bruce C. Morehead, AmeriCorps*VISTA Projects in these to the need for transport services. The Acting Director, Office of Sustainable initiatives will focus on (1) local or state JV partners have also reported that they Fisheries, National Marine Fisheries Service. organizations working alone or in are not aware of the availability of any [FR Doc. 03–16779 Filed 7–1–03; 8:45 am] conjunction with local affiliates that U.S.-flag break-bulk refrigerated cargo BILLING CODE 3510–22–S share a vision and common goal of
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working with low-income communities FOR FURTHER INFORMATION CONTACT: Applicable regulations include the to achieve long-lasting antipoverty Kelly Daly at (202) 606–5000 ext. 378, uniform administrative requirements for objectives; (2) promotion of partnerships or by e-mail at [email protected]. grants and agreements with institutions and collaboration between the public The TDD number is 202–565–2799. For of higher education, hospitals, and other and private sectors including a printed copy of this NOFA and the nonprofit organizations, 45 CFR part businesses, community-based supplementary information and 2543 or the uniform administrative organizations (secular and faith-based) application guidelines (available on- requirements for grants and cooperative and other service programs; (3) line), contact Ms. Daly at (202) 606– agreements to State and local recruitment, training, and coordination 5000 ext. 378. Upon request, this governments, 45 CFR Part 2541. of local volunteers; (4) mobilization of information will be made available in AmeriCorps*VISTA assigns resources needed to support the project; alternate formats for people with individuals 18 years and older, on a and (5) development of a sustainable disabilities. full-time, year-long basis, to public and capacity in local communities. While Dated: June 26, 2003. private nonprofit organizations whose goals are in accord with there is no specific match requirement, David Caprara, AmeriCorps*VISTA’s legislative the level of matching contributions will Director, AmeriCorps*VISTA. also be considered in final application mission. (42 U.S.C. 4951) The purpose [FR Doc. 03–16623 Filed 7–1–03; 8:45 am] selection. of these program grants is to create and BILLING CODE 6050–$$–P expand opportunities for individuals in Eligible applicants for one of the following two areas: (1) AmeriCorps*VISTA program grants homeland security and (2) seniors in CORPORATION FOR NATIONAL AND supporting these initiatives must be poverty. private non-profit or public COMMUNITY SERVICE Preference will be given to organizations. AmeriCorps*VISTA Notice of Availability of Funds for AmeriCorps*VISTA Projects serving as sponsoring organizations may apply ‘‘umbrella sponsorships’’ where the without affecting the status of their AmeriCorps*VISTA Program Grants in the Southwest Cluster applicant provides fiscal and current projects. However, applicants programmatic capacity on behalf of must differentiate between this grant’s AGENCY: Corporation for National and small, community-based (secular and proposed activities and those of the Community Service. faith based) organizations, and/or local currently-funded program or pending ACTION: Notice of funding availability. sites of the sponsoring organization. application. Eligible nonprofit and Applicants should be local, state or public organizations, including those SUMMARY: The Corporation for National national organizations working alone or that have not applied for federal and Community Service (hereinafter the in conjunction with local affiliates that assistance from the Corporation in the ‘‘Corporation’’) announces the share a vision and common goal of past, as well as interested community- availability of approximately $1,200,000 working with low-income communities based organizations (secular and faith- in fiscal year 2003 funds to award to achieve long-lasting antipoverty based), are encouraged to apply. AmeriCorps*VISTA program grants to objectives. Proposed projects should Note: This notice is not a complete eligible nonprofit and public focus on: description of the activities to be funded or organizations providing services in the (1) Promotion of partnerships and of the application requirements. For Corporation’s Southwest cluster (AR, collaboration between the public and supplementary information and application AZ, CO, KS, LA, MO, NM, OK, TX). ). private sectors including businesses, guidelines go to the Corporation’s Web site Applicant organizations are not required community-based organizations (secular at http://www.cns.gov/whatshot/notices.html. to be geographically-based in the nine- and faith-based) and other service You can also find more information about state southwest cluster, so long as the AmeriCorps*VISTA project sponsorship in programs; proposed grant activities will provide (2) Recruitment, training, and general at http://www.americorps.org/vista/ services within one or more of those sponsorinfo.html. coordination of local volunteers; nine states. The Corporation anticipates (3) Mobilization of resources needed making between 5 and 8 DATES: Applications must be received at to support the project; and AmeriCorps*VISTA program grants the Corporation by 5 p.m. on August 15, (4) Development of a sustainable under this announcement. Each grant 2003. We anticipate announcing capacity in local communities. budget will support a minimum of 15 selections under this Notice no later While there is no specific match and a maximum of 40 than September 12, 2003. requirement, the level of matching AmeriCorps*VISTA members on a full- contributions will also be considered in ADDRESSES: Submit your application to time basis for one year of service. The the final application selection. the following address: Corporation for Corporation will make awards covering Eligible applicants for National and Community Service, 1201 a period not to exceed one year with a AmeriCorps*VISTA program grants New York Avenue NW., Stop 9100, potential for an additional two years of supporting these initiatives must be Washington, DC 20525. Due to delays in funding, contingent upon satisfactory private non-profit or public delivery of regular mail to government performance, the availability of funds, organizations. AmeriCorps*VISTA offices, there is no guarantee that an and other criteria established in the sponsoring organizations may apply application sent by regular mail will award agreement. These estimates are without affecting the status of their arrive in time to be considered. We projections for the guidance of potential current projects. However, applicants therefore suggest that you use U.S.P.S. applicants. The Corporation is not must differentiate between this grant’s priority mail or a commercial overnight bound by any estimate in this notice. proposed activities and those of the delivery service to make sure that you Publication of this announcement does currently-funded program or pending meet the deadline. We will not accept not obligate the Corporation to award application. Projects should be state- an application that is submitted via any specific number of grants or to based (one legal applicant with site(s) in facsimile. Applications for obligate the entire amount of funds one or more of the nine states in the AmeriCorps*VISTA will not be available, or any part thereof, for grants Southwest region—AR, AZ, CO, KS, LA, accepted via eGrants at this time. under the AmeriCorps*VISTA program. MO, NM, OK, TX) to be considered.
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Eligible nonprofit and public Electromagnetic (EM) Gun Technology because they will be concerned with organizations, including those that have Assessment will meet to provide a matters listed in 5 U.S.C. section not applied for federal assistance from technical assessment of the status of EM 552b(c)(1). Due to unavoidable delay in the Corporation in the past, as well as Gun technology and the potential for administrative processing, the normal interested community-based achieving the revolutionary 15 days notice could not be provided. organizations (secular and faith-based), performance associated with this Dated: June 27, 2003. concept for Naval applications. From are encouraged to apply. E.F. McDonnell, Note: This notice is not a complete these discussions the NRAC Panel will review and document the performance Major, U.S. Marine Corps, Federal Register description of the activities to be funded or Liaison Officer. of the application requirements. For capabilities considered necessary to [FR Doc. 03–16840 Filed 7–1–03; 8:45 am] supplementary information and application achieve a militarily effective EM Gun guidelines go to the Corporation’s Web site system; review and assess the currently BILLING CODE 3810–FF–P at http://www.cns.gov/whatshot/notices.html. demonstrated and projected You can also find more information about performance of those technologies DEPARTMENT OF DEFENSE AmeriCorps*VISTA project sponsorship in necessary to field a durable EM gun general at http://www.americorps.org/vista/ with predictable, repeatable Department of the Navy sponsorinfo.html. performance; evaluate the production DATES: Applications must be received at feasibility of a projectile that will Meeting of the Naval Research the Corporation by 5 p.m. on August 4, withstand all launch environmental Advisory Committee 2003. We anticipate announcing transients and effectively perform at the AGENCY: selections under this Notice no later target; project rough order of magnitude Department of the Navy, DOD. than September 8, 2003. cost estimates for the non-recurring ACTION: Notice of closed meeting. ADDRESSES: Submit your application to general projectile development program and the subsequent recurring projectile SUMMARY: The Naval Research Advisory the following address: Corporation for Committee (NRAC) Panel on National and Community Service, 120 costs. All sessions of the meeting will be closed to the public. Technology for FORCEnet will meet to South Federal Place, #315, Santa Fe, define the concepts and science and DATES: The meetings will be held on NM 87501. Due to delays in delivery of technology (S&T) initiatives, including Monday, July 7, 2003, from 8 a.m. to 5 regular mail to government offices, there those in the space, atmospheric, surface p.m.; Tuesday, July 8, 2003, from 8 a.m. is no guarantee that an application sent and subsurface environments, required by regular mail will arrive in time to be to 5 p.m. and Wednesday, July 9, 2003, from 8 a.m. to 5 p.m. to achieve the visions of FORCEnet and considered. We therefore suggest that Sea Power 21. From these discussions ADDRESSES: you use U.S.P.S. priority mail or a The meetings will be held at the NRAC Panel will recommend the Office of Naval Research, 800 North commercial overnight delivery service appropriate near and far term naval Quincy Street, Arlington, VA 22217– to make sure that you meet the deadline. science and technology investments to 5660. We will not accept an application that enhance FORCEnet. All sessions of the is submitted via facsimile. Applications FOR FURTHER INFORMATION CONTACT: meeting will be closed to the public. for AmeriCorps*VISTA will not be Dennis Ryan, Program Director, Naval DATES: The meeting will be held on accepted via eGrants at this time. Research Advisory Committee, 800 Tuesday, July 8, 2003, from 8 a.m. to 5 FOR FURTHER INFORMATION CONTACT: North Quincy Street, Arlington, VA p.m.; Wednesday, July 9, 2003, from 8 Kathie Ferguson at (303) 312–7959. or 22217–5660, (703) 696–6769. a.m. to 5 p.m.; and Thursday, July 10, [email protected]. The TDD number is SUPPLEMENTARY INFORMATION: This 2003, from 8 a.m. to 5 p.m. 202–565–2799. For a printed copy of notice of meeting is provided in ADDRESSES: The meetings will be held at this NOFA and the supplementary accordance with the provisions of the the Office of Naval Research, 800 North information and application guidelines Federal Advisory Committee Act (5 Quincy Street, Arlington, VA 22217– (available on-line), contact Ms. Ferguson U.S.C. App. 2). All sessions of the 5660. at (303) 312–7959. Upon request, this meeting will be devoted to discussions information will be made available in basic and advanced research and FOR FURTHER INFORMATION CONTACT: alternate formats for people with associated science and technology Dennis Ryan, Program Director, Naval disabilities. opportunities with respect to concepts Research Advisory Committee, 800 North Quincy Street, Arlington, VA Dated: June 26, 2003. and science and technology (S&T) initiatives required to produce a 22217–5660, (703) 696–6769. Cindy R. Salavantis, militarily effective Naval EM Gun SUPPLEMENTARY INFORMATION: This Acting Director, Office of Field Liaison. system. These discussions will contain notice of meeting is provided in [FR Doc. 03–16624 Filed 7–1–03; 8:45 am] classified information that is accordance with the provisions of the BILLING CODE 6050–$$–P specifically authorized under criteria Federal Advisory Committee Act (5 established by Executive Order to be U.S.C. App. 2). All sessions of the kept secret in the interest of national meeting will be devoted to discussions DEPARTMENT OF DEFENSE defense and are in fact properly basic and advanced research and classified pursuant to such Executive associated science and technology Department of the Navy Order. The classified and non-classified opportunities with respect to concepts matters to be discussed are so and science and technology (S&T) Meeting of the Naval Research inextricably intertwined as to preclude initiatives, including those in the space, Advisory Committee opening any portion of the meeting. In atmospheric, surface and subsurface AGENCY: Department of the Navy, DOD. accordance with 5 U.S.C. App. 2, environments, required to achieve the ACTION: Notice of closed meeting. section 10(d), the Secretary of the Navy visions of FORCEnet and Sea Power 21. has determined in writing that the These discussions will contain SUMMARY: The Naval Research Advisory public interest requires that all sessions classified information that is Committee (NRAC) Panel on of the meeting be closed to the public specifically authorized under criteria
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established by Executive Order to be 83402, Phone (208) 522–1662, X3012 or Bowman, Assistant Manager for kept secret in the interest of national visit the Board’s Internet Home page at Laboratory Development, Idaho defense and are in fact properly http://www.ida.net/users/cab. Operations Office, U.S. Department of classified pursuant to such Executive SUPPLEMENTARY INFORMATION: Purpose of Energy, is empowered to conduct the Order. The classified and non-classified the Board: The purpose of the Board is meeting in a fashion that will facilitate matters to be discussed are so to make recommendations to DOE and the orderly conduct of business. Every inextricably intertwined as to preclude its regulators in the areas of future use, individual wishing to make public opening any portion of the meeting. In cleanup levels, waste disposition and comment will be provided equal time to accordance with 5 U.S.C. App. 2, cleanup priorities at the INEEL. present their comments. Additional section 10(d), the Secretary of the Navy Tentative Agenda Topics: (Agenda time may be made available for public has determined in writing that the topics may change up to the day of the comment during the presentations. This public interest requires that all sessions meeting. Please contact Jason Associates Federal Register notice is being of the meeting be closed to the public for the most current agenda or visit the published less than 15 days prior to the because they will be concerned with CAB’s Internet site at http:// meeting date due to programmatic matters listed in 5 U.S.C. section www.ida.net/users/cab/.) issues that had to be resolved prior to 552b(c)(1). Due to unavoidable delay in Objectives include: the meeting date. administrative processing, the normal • To meet with the new DOE’s Idaho Minutes: The minutes of this meeting 15 days notice could not be provided. Operations Office (DOE–ID) Site will be available for public review and Dated: June 27, 2003. Manager. copying at the Freedom of Information • E.F. McDonnell, To receive a status report Public Reading Room, 1E–190, Forrestal Building, 1000 Independence Avenue, Major, U.S. Marine Corps, Federal Register addressing the Environmental Liaison Officer. Management Program, implementation SW., Washington, DC 20585 between 9 a.m. and 4 p.m., Monday through Friday [FR Doc. 03–16841 Filed 7–1–03; 8:45 am] of the Performance Management Plan except Federal holidays. Minutes will BILLING CODE 3810–FF–P for Accelerating Cleanup at the INEEL, and compliance with the Idaho also be available by writing to Ms. Settlement Agreement. Penny Pink, INEEL CAB Administrator, • North Wind Environmental, Inc., PO DEPARTMENT OF ENERGY To receive informational presentations, participate in facilitated Box 51174, Idaho Falls, ID 83405 or by calling (208) 528–8718. Environmental Management Site- discussions, and/or provide Specific Advisory Board, Idaho recommendations addressing the end Issued at Washington, DC on June 27, 2003. National Engineering and state for the INEEL, including Rachel Samuel, Environmental Laboratory discussion of: Deputy Advisory Committee Management —The Comprehensive Facilities and Officer. AGENCY: Department of Energy. Land Use Plan and other land use [FR Doc. 03–16720 Filed 7–1–03; 8:45 am] ACTION: Notice of open meeting. planning documents addressing the BILLING CODE 6450–01–P INEEL. SUMMARY: This notice announces a —A review of the entire site (by Waste meeting of the Environmental Area Group) describing those end states DEPARTMENT OF ENERGY Management Site-Specific Advisory that have already been determined and Board (EM SSAB), Idaho National identification of those that have not Federal Energy Regulatory Engineering and Environmental been determined. Commission Laboratory. The Federal Advisory —Discussion of how the public will [Docket No. ER02–111–010, et al.] Committee Act (Pub. L. 92–463, 86 Stat. be involved in all pending end state 770) requires that public notice of these decisions. Midwest Independent Transmission meetings be announced in the Federal • To receive a presentation Register. System Operator, Inc., et al.; Electric addressing DOE’s contracting strategy Rate and Corporate Filings DATES: Tuesday, July 15, 2003, 8 a.m.– for the INEEL. 6 p.m., and Wednesday, July 16, 2003, • To discuss the Long-Term June 24, 2003. 8 a.m.–5 p.m. Stewardship Implementation Plan. The following filings have been made Public participation sessions will be • To discuss the Community with the Commission. The filings are held on: Tuesday, July 15, 2003, 12:15– Relations Plan for the INEEL. listed in ascending order within each 12:30 p.m., 5:45–6 p.m., and • To receive a presentation docket classification. Wednesday, July 16, 2003, 11:45–12 addressing the selection of a small 1. Midwest Independent Transmission noon, 4–4:15 p.m. business contractor for the INEEL System Operator, Inc. These times are subject to change as CERCLA Disposal Facility. the meeting progresses. Please check Public Participation: This meeting is [Docket Nos. ER02–111–010 and ER02–652– with the meeting facilitator to confirm open to the public. Written statements 005] these times. may be filed with the Board facilitator Take notice that on June 19, 2003, the ADDRESSES: Red Lion Hotel (formerly either before or after the meeting. Midwest Independent Transmission the West Coast Hotel), 475 River Individuals who wish to make oral System Operator, Inc. (Midwest ISO) Parkway, Idaho Falls, ID 83402. presentations pertaining to agenda items submitted for filing proposed revisions FOR FURTHER INFORMATION CONTACT: Ms. should contact the Board Chair at the to Schedule 10 (ISO Cost Recovery Wendy Green Lowe, Idaho National address or telephone number listed Adder) of the Midwest ISO Open Access Engineering and Environmental above. Request must be received five Transmission Tariff (OATT), FERC Laboratory (INEEL) Citizens’ Advisory days prior to the meeting and reasonable Electric Tariff, Second Revised Volume Board (CAB) Facilitator, Jason provision will be made to include the No. 1, pursuant to Order of the Federal Associates Corporation, 545 Shoup presentation in the agenda. The Deputy Energy Regulatory Commission, Avenue, Suite 335B, Idaho Falls, ID Designated Federal Officer, Jerry Midwest Independent Transmission
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System Operator Inc., 103 FERC System Operator, Inc.(Midwest ISO), 2003. Susquehanna Energy Requests a • 61,205. FPL Energy Hancock County Wind, waiver of the 60-day prior notice Midwest ISO states that pursuant to LLC, and Interstate Power and Light requirement and a shortened 10-day the Settlement reached in these Company, a wholly-owned subsidiary of public comment period. Susquehanna proceedings, the Midwest ISO requests Alliant Energy Corporation (collectively, Energy further requests expedited an effective date of March 1, 2003. the Parties) submitted for filing an treatment and a Commission order by The Midwest ISO has requested Amended Interconnection and July 3, 2003. waiver of the service requirements set Operating Agreement. Comment Date: July 7, 2003. forth in 18 CFR 385.2010. The Midwest Midwest ISO states that copies of this 7. Ameren Services Company ISO states that it has electronically filing were served to FPL Energy and served a copy of this filing, with Alliant Energy. [Docket No. ER03–968–000] attachments, upon all Midwest ISO Comment Date: July 11, 2003. Take notice that on June 19, 2003, Members, Member representatives of 4. New York Independent System Ameren Services Company (ASC) Transmission Owners and Non- Operator, Inc. tendered for filing an executed Service Transmission Owners, the Midwest ISO Agreement for Firm Point-to-Point Advisory Committee participants, [Docket No. ER03–647–002] Transmission Services between ASC Policy Subcommittee participants, as Take notice that on June 19, 2003, the and Wisconsin Electric Power Co. ASC well as all state commissions within the New York Independent System asserts that the purpose of the region. In addition, the filing has been Operator, Inc. (NYISO) tendered for Agreement is to permit ASC to provide electronically posted on the Midwest filing a compliance filing in accordance transmission service to Wisconsin ISO’s Web site at www.midwestiso.org with the Commission’s May 20, 2003 Electric Power Co., pursuant to under the heading ‘‘Filings to FERC’’ for Order accepting for filing tariff revisions Ameren’s Open Access Transmission other interested parties in this matter. in Docket No. ER03–647–000. The Tariff. Comment Date: July 10, 2003. NYISO has requested an effective date Comment Date: July 10, 2003. of June 19, 2003. 2. Midwest Independent Transmission 8. Ameren Services Company System Operator, Inc. The NYISO states it has served a copy of this filing upon all parties that have [Docket No. ER03–969–000] [Docket No. ER02–290–003] executed service agreements under the Take notice that on June 19, 2003, Take notice that on June 20, 2003, the NYISO’s Open Access Transmission Ameren Services Company (ASC) Midwest Independent Transmission Tariff or the Services Tariff and upon tendered for filing an executed Service System Operator, Inc. (the Midwest ISO) the New York State Public Service Agreement for Firm Point-to-Point tendered for filing its Revised Process Commission and to the electric utility Transmission Services between ASC for the Use of Network Resources regulatory agencies in New Jersey and and Constellation Power Source, Inc. Outside of the Midwest ISO and Pennsylvania. ASC asserts that the purpose of the Resolving Competing Requests for Comment Date: July 10, 2003. Agreement is to permit ASC to provide transmission service to Constellation Transmission Service Among Network 5. Minnesota Power Customers and between Point-to-Point Power Source, Inc. pursuant to and Network Customers as Attachment [Docket No. ER03–691–001] Ameren’s Open Access Transmission ‘‘U’’ to its Open Access Transmission Take notice that on June 19, 2003, the Tariff. Tariff in compliance with the Midwest Independent Transmission Comment Date: July 10, 2003. Commission’s May 21, 2003, Order System Operator, Inc. (Midwest ISO) 9. Ameren Services Company issued in Midwest Independent and Minnesota Power, Inc. (Minnesota Transmission System Operator, Inc., 103 Power) filed a revised Network [Docket No. ER03–970–000] FERC • 61,212. Integration Transmission Service Take notice that on June 19, 2003, The Midwest ISO has requested Agreement (NITS Agreement) entered Ameren Services Company (ASC) waiver of the requirements set forth in into between Minnesota Power and tendered for filing an executed for 18 CFR 385.2010. The Midwest ISO Great River Energy in compliance with Network Integration Transmission states that it has electronically served a Order No. 614, FERC • 31,096, and as Agreement and Network Operating copy of this filing, with attachments, directed by the Commission’s May 21, Agreement between ASC and Central upon all Midwest ISO Members, 2003 Letter Order in this proceeding. Illinois Light Company, d/b/a Member representatives of Transmission The Midwest ISO and Minnesota AmerenCILCO. ASC asserts that the Owners and Non-Transmission Owners, Power state that all parties on the purpose of the Agreement is to permit the Midwest ISO Advisory Committee service list maintained by the Secretary ASC to provide transmission service to participants, Policy Subcommittee in this proceeding have been served a Central Illinois Light Company, d/b/a participants, as well as all state copy of this filing via United States AmerenCILCO pursuant to Ameren’s commissions within the region. In mail. Open Access Transmission Tariff. addition, the filing has been Comment Date: July 10, 2003. Comment Date: July 10, 2003. electronically posted on the Midwest 6. Susquehanna Energy Products, LLC 10. Public Service Company of ISO’s Web site at www.midwestiso.org Colorado under the heading Filings to FERC’’ for [Docket No. ER03–768–002] other interested parties in this matter. Take notice that on June 20, 2003, [Docket No. ER03–971–000] Comment Date: July 11, 2003. Susquehanna Energy Products, LLC Take notice that on June 19, 2003, 3. Midwest Independent Transmission (Susquehanna Energy) tendered for Public Service Company of Colorado System Operator, Inc. filing a revised FERC Electric Tariff, (PS Colorado) tendered for filing, to be Original Volume Number 1, to permit effective August 18, 2003, proposed (1) [Docket No. ER03–378–001] the resale of transmission capacity and changes in rates applicable to the Take notice that on June 20, 2003, Firm Transmission Rights or their following customers: Grand Valley Midwest Independent Transmission equivalents to become effective June 23, Rural Power Lines, Inc.; Holy Cross
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Electric Association, Inc.; Intermountain PG&E states that copies of this filing transmission service to Columbia, MO Rural Electric Association; Yampa were served upon SVP, the California Water & Light pursuant to Ameren’s Valley Electric Association, Inc.; the Independent System Operator, and the Open Access Transmission Tariff. Town of Julesburg, Colorado; the City of California Public Utilities Commission. Comment Date: July 11, 2003. Burlington, Colorado; and the Town of Comment Date: July 11, 2003. 16. Ameren Services Company Center, Colorado; (2) changes in the 13. Avista Corporation Fuel Cost Adjustment (FCA) clause [Docket No. ER03–977–000] applicable to each of these customers [Docket No. ER03–974–000] Take notice that on June 20, 2003, and (3) PS Colorado’s power supply Take notice that on June 20, 2003, Ameren Services Company (ASC) contracts with each of these customers, Avista Corporation, tendered for filing tendered for filing an executed Service integrated and conformed to the with the Federal Energy Regulatory Agreement for Firm Point-to-Point requirements of Order No. 614, Commission pursuant to section 35.12 Service between ASC and Westar including rate schedule designations. PS of the Commission’s Regulations at 8 Energy, Inc. ASC asserts that the Colorado states that the filing CFR 35.12, an executed Mutual Monthly purpose of the Agreement is to permit incorporates rates applicable to service Netting and Close-Out Netting ASC to provide transmission service to to Cheyenne Light, Fuel and Power Agreement, Rate Schedule No. 301, with Westar Energy, Inc. pursuant to Company, proposed to be effective Mirant Americas Energy Marketing, LP, Ameren’s Open Access Transmission January 1, 2004. effective May 1, 2003. Tariff. PS Colorado states that copies have Avista states that notice of the filing Comment Date: July 11, 2003. been served on each of the affected has been served to Mirant Americas 17. Southwest Power Pool, Inc. customers, Colorado Public Utilities Energy Marketing, LP. [Docket No. ER03–978–000] Commission, the Colorado Office of Comment Date: July 11, 2003. Consumers Counsel, the Wyoming Take notice that on June 20, 2002, Public Service Commission and the 14. American Electric Power Service Southwest Power Pool, Inc. (SPP), Wyoming Office of Consumer Advocate. Corporation tendered for filing an executed PS Colorado states that copies of the [Docket No. ER03–975–000] interconnection agreement (IA) between SPP, Blue Canyon Windpower, LLC filing are available for public inspection Take notice that on June 20, 2003, (Blue Canyon) and Western Farmers in the offices of PS Colorado in Denver, American Electric Power Service Electric Cooperative (WFEC) under the Colorado. Corporation (AEPSC) as agent for SPP Open Access Transmission Tariff. Comment Date: July 10, 2003. Southwestern Electric Power Company SPP requests an effective date of May (SWEPCO) tendered for filing pursuant 11. Mid-Continent Area Power Pool 22, 2003 for this IA. to § 35.15 of the Federal Energy [Docket No. ER03–972–000] SPP states that a copy of the filing was Regulatory Commission’s regulations, served on representatives of Blue Take notice that on June 19, 2003, the 18 CFR 35.15, a Notice of Cancellation Canyon and WFEC. Mid-Continent Area Power Pool of service agreements between SWEPCO Comment Date: July 11, 2003. (MAPP), on behalf of its members that and various entities under SWEPCO are subject to Commission jurisdiction FERC Electric Tariff, First Revised Standard Paragraph as public utilities under Section 201(e) Volume No. 5 (Power Sales Tariff) and Any person desiring to intervene or to of the Federal Power Act, filed an Notice of Cancellation of a power protest this filing should file with the amendment to Schedule F (FERC supply agreement between SWEPCO Federal Energy Regulatory Commission, Electric Tariff, First Revised Volume No. and the City of Minden, Louisiana 888 First Street, NE., Washington, DC 1) that would amend Section 2 to under SWEPCO FERC Rate Schedule 20426, in accordance with Rules 211 eliminate the exclusive use requirement No. 116 (Minden Power Supply and 214 of the Commission’s Rules of of Schedule F. Agreement). The Power Sales Tariff was Practice and Procedure (18 CFR 385.211 MAPP states that a copy of this filing accepted for filing by the Commission, and 385.214). Protests will be has been served on all MAPP members effective January 1, 1997 in Docket No. considered by the Commission in and the state commissions in the MAPP ER96–2342–000 and the Minden determining the appropriate action to be region. Power Supply Agreement was accepted taken, but will not serve to make Comment Date: July 10, 2003. for filing by the Commission, effective protestants parties to the proceeding. May 1, 1995 in Docket ER95–927–000. 12. Pacific Gas and Electric Company Any person wishing to become a party AEPSC requests an effective date of must file a motion to intervene. All such [Docket No. ER03–973–000] June 1, 2003 for the cancellations that motions or protests should be filed on Take notice that on June 20, 2003, are part of its filing. AEPSC states that or before the comment date, and, to the Pacific Gas and Electric Company it has served copies of the filing upon extent applicable, must be served on the (PG&E) tendered for filing an agreement the parties listed in Exhibit 1 and the applicant and on any other person entitled Special Facilities Agreement for affected state regulatory commissions. designated on the official service list. the Interconnection of Silicon Valley Comment Date: July 11, 2003. This filing is available for review at the Power’s Single Circuit 230kV Line into 15. Ameren Services Company Commission or may be viewed on the Los Esteros Substation (SFA) between Commission’s Web site at http:// PG&E and Silicon Valley Power (SVP). [Docket No. ER03–976–000] www.ferc.gov , using the ‘‘FERRIS’’ link. PG&E states that the SFA states that Take notice that on June 20, 2003, Enter the docket number excluding the it permits PG&E to recover its costs for Ameren Services Company (ASC) last three digits in the docket number installing, owning, operating and tendered for filing an executed Service field to access the document. For maintaining Special Facilities necessary Agreement for Firm Point-to-Point assistance, contact FERC Online for the interconnection of SVP’s single Transmission Service between ASC and Support at circuit 230kV line with PG&E’s Columbia, MO Water & Light. ASC [email protected] or toll- transmission system. PG&E has asserts that the purpose of the free at (866)208–3676, or for TTY, requested certain waivers. Agreement is to permit ASC to provide contact (202)502–8659. Protests and
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interventions may be filed electronically B102, 1301 Constitution Ave., NW., Number 1949.02). This is a request to via the Internet in lieu of paper; see 18 Washington, DC. The EPA Docket renew an existing approved collection CFR 385.2001(a)(1)(iii) and the Center Public Reading Room is open that is scheduled to expire on June 30, instructions on the Commission’s Web from 8:30 a.m. to 4:30 p.m., Monday 2003. Under OMB regulations, the site under the ‘‘e-Filing’’ link. The through Friday, excluding legal Agency may continue to conduct or Commission strongly encourages holidays. The telephone number for the sponsor the collection of information electronic filings. Reading Room is (202) 566–1744, and while this submission is pending at the telephone number for the Office of OMB. Magalie R. Salas, Environmental Information Docket is Abstract: EPA announced the Secretary. (202) 566–1752. An electronic version of National Environmental Performance [FR Doc. 03–16673 Filed 7–1–03; 8:45 am] the public docket is available through Track Program on June 26, 2000. The BILLING CODE 6717–01–P• EPA Dockets (EDOCKET) at http:// program is designed to recognize and www.epa.gov/edocket. Use EDOCKET to encourage facilities that consistently submit or view public comments, access meet their legal requirements, that have ENVIRONMENTAL PROTECTION the index listing of the contents of the implemented management systems to AGENCY public docket, and to access those monitor and improve performance, that documents in the public docket that are have voluntarily achieved [OA–2003–0001; FRL–7521–7] available electronically. Once in the environmental improvements beyond Agency Information Collection system, select ‘‘search,’’ then key in the compliance, and that publicly commit Activities; Submission of EPA ICR No. docket ID number identified above. to specific environmental improvements 1949.02 (OMB No. 2010–0032) to OMB Any comments related to this ICR and report on progress. Applications for Review and Approval; Comment should be submitted to OMB and EPA submitted by facilities are used by EPA Request within 30 days of this notice, and and participating regulatory entities to according to the following detailed determine whether the applicant AGENCY: Environmental Protection instructions: (1) Mail your comments to qualifies for the program. A total of 304 Agency. OMB at: Office of Information and facilities are current members of this ACTION: Notice. Regulatory Affairs, Office of voluntary program. Environmental Management and Budget (OMB), Performance Track members are also SUMMARY: In compliance with the Attention: Desk Officer for EPA, 725 required to submit an annual Paperwork Reduction Act (44 U.S.C. 17th Street, NW., Washington, DC 20503 performance report documenting their 3501 et seq.), this document announces and (2) Submit your comments to EPA environmental performance relative to that the following Information online using EDOCKET (our preferred the commitments they made upon entry Collection Request (ICR) has been method), by email to into the program. This information is forwarded to the Office of Management [email protected], or by mail to: EPA important to determine whether and Budget (OMB) for review and Docket Center, Environmental participants are meeting their approval: National Environmental Protection Agency, Office of commitments, as well as to evaluate the Performance Track Program. This ICR Environmental Information Docket, Mail effectiveness of the program. The public describes the nature of the information Code 28221T, 1200 Pennsylvania Ave., reporting elements of the program also collection and its estimated burden and NW., Washington, DC 20460. provide information to the local cost. EPA’s policy is that public comments, community. DATES: Additional comments may be whether submitted electronically or in An agency may not conduct or submitted on or before August 1, 2003. paper, will be made available for public sponsor, and a person is not required to ADDRESSES: Follow the detailed viewing in EDOCKET as EPA receives respond to, a collection of information instructions in SUPPLEMENTARY them and without change, unless the unless it displays a currently valid OMB INFORMATION. comment contains copyrighted material, control number. The OMB control CBI, or other information whose public numbers for EPA’s regulations are listed FOR FURTHER INFORMATION CONTACT: disclosure is restricted by statute. When in 40 CFR part 9 and 48 CFR chapter 15, Robert D. Sachs, Office of Policy, EPA identifies a comment containing and are identified on the form and/or Economics and Innovation, Mail Code copyrighted material, EPA will provide instrument, if applicable. 1808T, Environmental Protection a reference to that material in the Burden Statement: The annual public Agency, 1200 Pennsylvania Ave., NW., version of the comment that is placed in reporting and recordkeeping burden for Washington, DC 20460; telephone EDOCKET. The entire printed comment, this collection of information is number: 202–566–2884; fax number: including the copyrighted material, will estimated to average 268 hours per 202–566–0966; email address be available in the public docket. response. Burden means the total time, [email protected]. Although identified as an item in the effort, or financial resources expended SUPPLEMENTARY INFORMATION: EPA has official docket, information claimed as by persons to generate, maintain, retain, submitted the following ICR to OMB for CBI, or whose disclosure is otherwise or disclose or provide information to or review and approval according to the restricted by statute, is not included in for a Federal agency. This includes the procedures prescribed in 5 CFR 1320.12. the official public docket, and will not time needed to review instructions; On January 27, 2003, 68 FR 3879, EPA be available for public viewing in develop, acquire, install, and utilize sought comments on this ICR pursuant EDOCKET. For further information technology and systems for the purposes to 5 CFR 1320.8(d). EPA received no about the electronic docket, see EPA’s of collecting, validating, and verifying relevant comments. Federal Register notice describing the information, processing and EPA has established a public docket electronic docket at 67 FR 38102 (May maintaining information, and disclosing for this ICR under Docket ID No. OA– 31, 2002), or go to http://www.epa.gov/ and providing information; adjust the 2003–0001, which is available for public edocket. existing ways to comply with any viewing at the Office of Environmental Title: National Environmental previously applicable instructions and Information Docket in the EPA Docket Performance Track Program (OMB requirements; train personnel to be able Center (EPA/DC), EPA West, Room Control Number 2010–0032, EPA ICR to respond to a collection of
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information; search data sources; DATES: Additional comments may be 725 17th Street, NW., Washington, DC complete and review the collection of submitted on or before August 1, 2003. 20503. information; and transmit or otherwise ADDRESSES: Follow the detailed EPA’s policy is that public comments, disclose the information. For this ICR, instructions in SUPPLEMENTARY whether submitted electronically or in EPA considers facilities that are INFORMATION. paper, will be made available for public members of the Performance Track viewing in EDOCKET as EPA receives program to be respondents. FOR FURTHER INFORMATION CONTACT: Carl them and without change, unless the Respondents/Affected Entities: Public Scarbro, Assessment and Standards comment contains copyrighted material, and private facilities/entities that Division, Office of Transportation and CBI, or other information whose public consistently meet their legal Air Quality, AATC, Environmental disclosure is restricted by statute. When requirements, that have implemented Protection Agency, 1200 Pennsylvania EPA identifies a comment containing management systems to monitor and Ave., NW., Washington, DC 20460; copyrighted material, EPA will provide improve performance, that have telephone number: 734–214–4209; fax a reference to that material in the voluntarily achieved environmental number: 734–214–4939; e-mail address: version of the comment that is placed in improvements beyond compliance, and [email protected]. EDOCKET. The entire printed comment, that publicly commit to specific SUPPLEMENTARY INFORMATION: EPA has including the copyrighted material, will environmental improvements and report submitted the following ICR to OMB for be available in the public docket. on progress. review and approval according to the Although identified as an item in the Estimated Number of Respondents: procedures prescribed in 5 CFR 1320.12. official docket, information claimed as 513, the average calculated from years 1, On Friday, January 24, 2003 68 FR 3524, CBI, or whose disclosure is otherwise 2 and 3 projections of 404, 505 and 631 EPA sought comments on this ICR restricted by statute, is not included in respondents. pursuant to 5 CFR 1320.8(d). EPA the official public docket, and will not Frequency of Response: Annually. received a single request for information be available for public viewing in Estimated Total Annual Hour Burden: EDOCKET. For further information 109,445. concerning the ICR. EPA forwarded the requested information to the requestor. about the electronic docket, see EPA’s Estimated Total Annual Cost: Federal Register notice describing the $6,735,712 includes $0 annualized EPA has established a public docket for this ICR under Docket ID No. OAR– electronic docket at 67 FR 38102 (May capital or O&M costs. 31, 2002), or go to http://www.epa.gov/ Changes in the Estimates: There is an 2003–0006, which is available for public viewing at the Office of Air and edocket. increase of 58,995 hours in the total Title: Mobile Source Emission Factor Radiation Docket in the EPA Docket estimated burden currently identified in On-Highway Recruitment (OMB Control Center (EPA/DC), EPA West, Room the OMB Inventory of Approved ICR No. 2060–0078; EPA ICR No. 0619.10). B102, 1301 Constitution Ave., NW., Burdens. This increase is based on the This is a request to renew an existing Washington, DC. The EPA Docket estimated growth in membership in the collection that is scheduled to expire in Center Public Reading Room is open National Environmental Performance 06/30/2003. Under OMB regulations, from 8:30 a.m. to 4:30 p.m., Monday Track Program. the Agency may continue to conduct or through Friday, excluding legal Dated: June 18, 2003. sponsor the collection of information holidays. The telephone number for the Doreen Sterling, Acting Director, while this submission is pending at Reading Room is (202) 566–1744, and Collection Strategies Division. OMB. the telephone number for the Office of Abstract: The EPA Emissions Factor [FR Doc. 03–16732 Filed 7–1–03; 8:45 am] Air and Radiation Docket is (202) 566– BILLING CODE 6560–50–P Program, through contractors, solicits 1742. An electronic version of the the general public to voluntarily offer public docket is available through EPA their vehicle for emissions testing. Dockets (EDOCKET) at http:// ENVIRONMENTAL PROTECTION There are two methods used to solicit www.epa.gov/edocket. Use EDOCKET to AGENCY the general public for participation in submit or view public comments, access Emission Factor Program (EFP): [OAR–2003–0006, FRL–7521–9] the index listing of the contents of the 1. Postal cards are sent to a random public docket, and to access those selection of vehicle owners using State Agency Information Collection documents in the public docket that are motor vehicle registration lists; and Activities; Submission of EPA ICR No. available electronically. Once in the 2. A random selection of motor 0619.10 (OMB No. 2060–0078) to OMB system, select ‘‘search,’’ then key in the vehicle owners, who arrive at State for Review and Approval; Comment docket ID number identified above. inspection stations on an annual or Request Any comments related to this ICR biennial schedule, are solicited. AGENCY: Environmental Protection should be submitted to EPA and OMB The legislative basis for the Emission Agency. within 30 days of this notice, and Factors Program is section ACTION: Notice. according to the following detailed 103(a)(1)(2)(3) of the Clean Air Act, instructions: (1) Submit your comments which requires the Administrator to SUMMARY: In compliance with the to EPA online using EDOCKET (our ‘‘conduct * * * research, investigations, Paperwork Reduction Act (44 U.S.C. preferred method), by e-mail to a-and- experiments, demonstrations, surveys, 3501 et seq.), this document announces [email protected], or by mail and studies relating to the causes, that the following Information to: EPA Docket Center, Environmental effects, extent, prevention, and control Collection Request (ICR) has been Protection Agency, Environmental of air pollution’’ and ‘‘conduct forwarded to the Office of Management Protection Agency, Mailcode 6102T, investigations and research and make and Budget (OMB) for review and 1200 Pennsylvania Ave., NW., surveys concerning any specific approval: Mobile Source Emission Washington, DC 20460, and (2) Mail problem of air pollution in cooperation Factor On-Highway Recruitment. This your comments to OMB at: Office of with any air pollution control agency ICR describes the nature of the Information and Regulatory Affairs, ***’’ information collection and its estimated Office of Management and Budget EPA uses the data from the EFP to burden and cost. (OMB), Attention: Desk Officer for EPA, verify predictions of the computer
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model known as MOBILE, which Estimated Total Respondent Annual comments on this ICR pursuant to 5 calculates the contribution of mobile Cost: $28,160. CFR 1320.8(d). EPA received no source emissions to ambient air Changes in the Estimates: There is a comments. pollution. MOBILE is used by EPA, state decrease of 766 hours in the total EPA has established a public docket and local air pollution agencies, the estimated burden currently identified in for this ICR under Docket ID Number automotive industry, and other parties the OMB Inventory of Approved ICR OECA–2003–0040, which is available that are interested in estimating mobile Burdens. This decrease is due to budget for public viewing at the Enforcement source emissions. These estimates, constraints on program which will limit and Compliance Docket and Information when generated by governments are the the scope of the collection request. Center in the EPA Docket Center (EPA/ DC), EPA West, Room B102, 1301 basis for State Implementation Plans Dated: June 24, 2003. (SIPs), and Reasonable Further Progress Constitution Avenue, NW., Washington, Doreen Sterling, (RFP) reports for the attainment status DC. The EPA Docket Center Public assessments for the National Ambient Acting Director, Collection Strategies Reading Room is open from 8:30 a.m. to Division. Air Quality Standards (NAAQS). 4:30 p.m., Monday through Friday, Furthermore, the EFP data collected [FR Doc. 03–16733 Filed 7–1–03; 8:45 am] excluding legal holidays. The telephone under this ICR will be used to construct BILLING CODE 6560–50–P number for the Reading Room is (202) a new model to replace MOBILE, the 566–1744, and the telephone number for ‘‘Multi-scale Motor Vehicle & the Enforcement and Compliance Equipment Emission System’’ (MOVES). ENVIRONMENTAL PROTECTION Docket and Information Center is: (202) MOVES will be based on field sample AGENCY 566–1514. An electronic version of the data as opposed to laboratory [OECA–2003–0040; FRL–7521–8] public docket is available through EPA simulations. This change is due to Dockets (EDOCKET) at http:// recommendations made to EPA by the Agency Information: Collection www.epa.gov/edocket. Use EDOCKET to National Research Council, the Office of Activities; Submission for OMB Review submit or view public comments, access Management and Budget and is enabled and Approval; Comment Request; the index listing of the contents of the by the availability of suitable technology NSPS for Flexible Vinyl and Urethane public docket, and to access those for the collection of emission and Coating and Printing, EPA ICR Number documents in the public docket that are activity data while the vehicles are 1157.07, OMB Number 2060–0073 available electronically. When in the being used by their owners/operators. system, select ‘‘search,’’ then key in the AGENCY: An agency may not conduct or Environmental Protection docket ID number identified above. sponsor, and a person is not required to Agency (EPA). Any comments related to this ICR respond to, a collection of information ACTION: Notice. should be submitted to EPA and OMB unless it displays a currently valid OMB within 30 days of this notice, and SUMMARY: In compliance with the control number. The OMB control according to the following detailed Paperwork Reduction Act (44 U.S.C. numbers for EPA’s regulations are listed instructions: (1) Submit your comments 3501 et seq.), this document announces in 40 CFR part 9 and 48 CFR chapter 15, to EPA online using EDOCKET (our that the following Information and are identified on the form and/or preferred method), by e-mail to Collection Request (ICR) has been instrument, if applicable. [email protected], or by mail to: EPA Burden Statement: The annual public forwarded to the Office of Management Docket Center, Environmental reporting and recordkeeping burden for and Budget (OMB) for review and Protection Agency, Mail Code: 2201T, this collection of information is approval: NSPS for Flexible Vinyl and 1200 Pennsylvania Avenue, NW., estimated to average about 3 hours per Urethane Coating and Printing, OMB Washington, DC 20460, and (2) mail response. Burden means the total time, Control Number 2060–0073, EPA ICR your comments to OMB at: Office of effort, or financial resources expended Number 1157.07. The ICR, which is Information and Regulatory Affairs, by persons to generate, maintain, retain, abstracted below, describes the nature of Office of Management and Budget or disclose or provide information to or the information collection and its (OMB), Attention: Desk Officer for EPA, for a Federal agency. This includes the estimated burden and cost. 725 17th Street, NW., Washington, DC time needed to review instructions; DATES: Additional comments may be 20503. develop, acquire, install, and utilize submitted on or before August 1, 2003. EPA’s policy is that public comment, technology and systems for the purposes ADDRESSES: Follow the detailed whether submitted electronically or on of collecting, validating, and verifying instructions under SUPPLEMENTARY paper, will be available for public information, processing and INFORMATION. viewing in EDOCKET, as EPA receives them without change, unless the maintaining information, and disclosing FOR FURTHER INFORMATION CONTACT: comment contains copyrighted material, and providing information; adjust the Learia Williams, Compliance existing ways to comply with any Confidential Business Information (CBI), Assessment and Media Programs or other information whose public previously applicable instructions and Division, Office of Compliance, (Mail requirements; train personnel to be able disclosure is restricted by statute. When Code 2223A), Environmental Protection EPA identifies a comment containing to respond to a collection of Agency, 1200 Pennsylvania Avenue, information; search data sources; copyrighted material, EPA will provide NW, Washington, DC 20460; telephone a reference to that material in the complete and review the collection of number: (202) 564–4113; fax number: information; and transmit or otherwise version of the comment placed in (202) 564–0050; e-mail address: EDOCKET. The entire printed comment, disclose the information. [email protected]. Respondents/Affected Entities: including copyrighted material, will be Owners of on-highway vehicles. SUPPLEMENTARY INFORMATION: available in the public docket. Although Estimated Number of Respondents: EPA has submitted the following ICR identified as an item in the official 420. to OMB for review and approval docket, information claimed as CBI, or Frequency of Response: On Occasion. according to the procedures prescribed whose disclosure is otherwise restricted Estimated Total Annual Hour Burden: in 5 CFR 1320.12. On September 26, by statute, is not included in the official 883. 2002 (67 FR 60672), EPA sought public docket, and will not be available
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for public viewing in EDOCKET. For and maintaining information, and through hand delivery/courier. Follow further information about the electronic disclosing and providing information; the detailed instructions as provided in docket, see EPA’s notice describing the adjust the existing ways to comply with Unit I. of the SUPPLEMENTARY electronic docket at 67 FR 38102 (May any previously applicable instructions INFORMATION. 31, 2002), or go to www.epa.gov/ and requirements; train personnel to be FOR FURTHER INFORMATION CONTACT: Rita edocket. able to respond to a collection of Kumar, Registration Division (7505C), Title: NSPS for Flexible Vinyl and information; search data sources; Urethane Coating and Printing (40 CFR Office of Pesticide Programs, complete and review the collection of Environmental Protection Agency, 1200 part 60, subpart FFF), OMB Control information; and transmit or otherwise Number 2060–0073, EPA ICR Number Pennsylvania Ave., NW., Washington, disclose the information. DC 20460–0001; telephone number: 1157.07. This is a request to renew an Respondents/Affected Entities: (703) 308–8291; e-mail address: existing, approved collection that is Flexible Vinyl and Urethane Coating [email protected]. scheduled to expire on June 30, 2003. and Printing Manufacturers. Under OMB regulations, the Agency Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: may continue to conduct or sponsor the 20. I. General Information collection of information while this Frequency of Response: submission is pending at OMB. Semiannually, initially. A. Does this Action Apply to Me? Abstract: The NSPS for Flexible Vinyl Estimated Total Annual Hour Burden: You may be potentially affected by and Urethane Coating and Printing, 593. published at 40 CFR part 60, subpart this action if you are an agricultural Estimated Total Capital and producer, food manufacturer, or FFF, were proposed on January 18, Operations & Maintenance (O & M) 1983, and promulgated on June 29, pesticide manufacturer. Potentially Annual Costs: $61,000. affected entities may include, but are 1984. These standards of performance Changes in the Estimates: There is an not limited to: for this category of new stationary increase of 78 hours in the total • Crop production (NAICS 111) sources of hazardous air pollutants are estimated burden currently identified in • Animal production (NAICS 112) required by section 111 of the Clean Air the OMB Inventory of Approved ICR • Food manufacturing (NAICS 311) Act. Facilities may meet the standards Burdens. This increase in burden from • Pesticide manufacturing (NAICS by using materials with a low the most recently approved ICR is due 32532) concentration of Volatile Organic to more accurate estimates of existing This listing is not intended to be Compounds (VOCs), or by installing sources. We have assumed that there exhaustive, but rather provides a guide emission control devices. The will be one new source (respondent) for readers regarding entities likely to be information that is required to be over the three years period of this ICR. affected by this action. Other types of submitted to the Agency or kept at the The change in respondent cost is also entities not listed in this unit could also facility is needed to insure compliance due to a labor rate change where the rate be affected. The North American with the regulation. These include has increased over the three years Industrial Classification System initial one-time notifications, period of this ICR. performance tests plans and reports and (NAICS) codes have been provided to records of maintenance and shutdown, Dated: June 24, 2003. assist you and others in determining startup, and malfunctions. For facilities Doreen Sterling, whether this action might apply to that install continuous monitoring Acting Director, Collection Strategies certain entities. If you have any system (CMS) there are performance Division. questions regarding the applicability of tests, and maintenance reports. Excess [FR Doc. 03–16734 Filed 7–1–03; 8:45 am] this action to a particular entity, consult emissions reports are submitted BILLING CODE 6560–50–P the person listed under FOR FURTHER semiannually. Responses to the INFORMATION CONTACT. collection of information are mandatory ENVIRONMENTAL PROTECTION B. How Can I Get Copies of This (40 CFR part 60, subpart FFF). Document and Other Related An agency may not conduct or AGENCY Information? sponsor, and a person is not required to [OPP–2003–0212; FRL–7312–9] respond to, a collection of information 1. EPA Docket. EPA has established unless it displays a currently valid OMB Indoxacarb; Notice of Filing a Pesticide an official public docket for this action Control Number. The OMB Control Petition to Establish a Tolerance for a under docket ID number OPP–2003– Numbers for EPA’s regulations are listed Certain Pesticide Chemical in or on 0212. The official public docket consists in 40 CFR part 9 and 48 CFR chapter 15, Food of the documents specifically referenced and are identified on the form and/or in this action, any public comments instrument, if applicable. AGENCY: Environmental Protection received, and other information related Burden Statement: The annual public Agency (EPA). to this action. Although, a part of the reporting and recordkeeping burden for ACTION: Notice. official docket, the public docket does this collection of information are not include Confidential Business estimated to average 14 (rounded) hours SUMMARY: This notice announces the Information (CBI) or other information per response. Burden means the total initial filing of a pesticide petition whose disclosure is restricted by statute. time, effort, or financial resources proposing the establishment of The official public docket is the expended by persons to generate, regulations for residues of a certain collection of materials that is available maintain, retain, or disclose or provide pesticide chemical in or on various food for public viewing at the Public information to or for a Federal agency. commodities. Information and Records Integrity This includes the time needed to review DATES: Comments, identified by docket Branch (PIRIB), Rm. 119, Crystal Mall instructions; develop, acquire, install, ID number OPP–2003–0212, must be #2, 1921 Jefferson Davis Hwy., and utilize technology and systems for received on or before August 1, 2003. Arlington, VA. This docket facility is the purposes of collecting, validating, ADDRESSES: Comments may be open from 8:30 a.m. to 4 p.m., Monday and verifying information, processing submitted electronically, by mail, or through Friday, excluding legal
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holidays. The docket telephone number entire printed comment, including the at http://www.epa.gov/edocket, and is (703) 305–5805. copyrighted material, will be available follow the online instructions for 2. Electronic access. You may access in the public docket. submitting comments. Once in the this Federal Register document Public comments submitted on system, select ‘‘search,’’ and then key in electronically through the EPA Internet computer disks that are mailed or docket ID number OPP–2003–0212. The under the‘‘Federal Register’’ listings at delivered to the docket will be system is an‘‘anonymous access’’ http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public system, which means EPA will not An electronic version of the public docket. Public comments that are know your identity, e-mail address, or docket is available through EPA’s mailed or delivered to the docket will be other contact information unless you electronic public docket and comment scanned and placed in EPA’s electronic provide it in the body of your comment. system, EPA dockets. You may use EPA public docket. Where practical, physical ii. E-mail. Comments may be sent by Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the e-mail to [email protected], to submit or view public comments, photograph will be placed in EPA’s Attention: Docket ID number OPP– access the index listing of the contents electronic public docket along with a 2003–0212. In contrast to EPA’s of the official public docket, and to brief description written by the docket electronic public docket, EPA’s e-mail access those documents in the public staff. system is not an ‘‘anonymous access’’ docket that are available electronically. system. If you send an e-mail comment C. How and To Whom Do I Submit Although not all docket materials may directly to the docket without going Comments? be available electronically, you may still through EPA’s electronic public docket, access any of the publicly available You may submit comments EPA’s e-mail system automatically docket materials through the docket electronically, by mail, or through hand captures your e-mail address. E-mail facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper addresses that are automatically the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate captured by EPA’s e-mail system are the appropriate docket ID number. docket ID number in the subject line on included as part of the comment that is Certain types of information will not the first page of your comment. Please placed in the official public docket, and be placed in the EPA dockets. ensure that your comments are made available in EPA’s electronic Information claimed as CBI and other submitted within the specified comment public docket. information whose disclosure is period. Comments received after the iii. Disk or CD ROM. You may submit restricted by statute, which is not close of the comment period will be comments on a disk or CD ROM that included in the official public docket, marked ‘‘late.’’ EPA is not required to you mail to the mailing address will not be available for public viewing consider these late comments. If you identified in Unit I.C.2. These electronic in EPA’s electronic public docket. EPA’s wish to submit CBI or information that submissions will be accepted in policy is that copyrighted material will is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do the use of special characters and any docket but will be available only in not use EPA Dockets or e-mail to submit form of encryption. printed, paper form in the official public CBI or information protected by statute. 2. By mail. Send your comments to: docket. To the extent feasible, publicly 1. Electronically. If you submit an Public Information and Records available docket materials will be made electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office available in EPA’s electronic public unit, EPA recommends that you include of Pesticide Programs (OPP), docket. When a document is selected your name, mailing address, and an e- Environmental Protection Agency, 1200 from the index list in EPA dockets, the mail address or other contact Pennsylvania Ave., NW., Washington, system will identify whether the information in the body of your DC 20460–0001, Attention: Docket ID document is available for viewing in comment. Also include this contact number OPP–2003–0212. EPA’s electronic public docket. information on the outside of any disk 3. By hand delivery or courier. Deliver Although, not all docket materials may or CD ROM you submit, and in any your comments to: Public Information be available electronically, you may still cover letter accompanying the disk or and Records Integrity Branch (PIRIB), access any of the publicly available CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), docket materials through the docket identified as the submitter of the Environmental Protection Agency, Rm. facility identified in Unit I.B. EPA comment and allows EPA to contact you 119, Crystal Mall #2, 1921 Jefferson intends to work towards providing in case EPA cannot read your comment Davis Hwy., Arlington, VA, Attention: electronic access to all of the publicly due to technical difficulties or needs Docket ID number OPP–2003–0212. available docket materials through further information on the substance of Such deliveries are only accepted EPA’s electronic public docket. your comment. EPA’s policy is that EPA during the docket’s normal hours of For public commenters, it is will not edit your comment, and any operation as identified in Unit I.B.1. important to note that EPA’s policy is identifying or contact information that public comments, whether provided in the body of a comment will D. How Should I Submit CBI to The submitted electronically or in paper, be included as part of the comment that Agency? will be made available for public is placed in the official public docket, Do not submit information that you viewing in EPA’s electronic public and made available in EPA’s electronic consider to be CBI electronically docket as EPA receives them and public docket. If EPA cannot read your through EPA’s electronic public docket without change, unless the comment comment due to technical difficulties or by e-mail. You may claim contains copyrighted material, CBI, or and cannot contact you for clarification, information that you submit to EPA as other information whose disclosure is EPA may not be able to consider your CBI by marking any part or all of that restricted by statute. When EPA comment. information as CBI (if you submit CBI identifies a comment containing i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside copyrighted material, EPA will provide electronic public docket to submit of the disk or CD ROM as CBI and then a reference to that material in the comments to EPA electronically is identify electronically within the disk or version of the comment that is placed in EPA’s preferred method for receiving CD ROM the specific information that is EPA’s electronic public docket. The comments. Go directly to EPA Dockets CBI). Information so marked will not be
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disclosed except in accordance with List of Subjects A. Residue Chemistry procedures set forth in 40 CFR part 2. Environmental protection, The active ingredient in the end-use ` In addition to one complete version of Agricultural commodities, Feed formulation, AvauntO, is a 75:25 the comment that includes any additives, Food additives, Pesticides mixture of two isomers, indoxacarb information claimed as CBI, a copy of and pests, Reporting and recordkeeping (DPX–KN128) and IN–KN127. Only one the comment that does not contain the requirements. of the isomers, indoxacarb (DPX– information claimed as CBI must be KN128), has insecticidal activity. Since submitted for inclusion in the public Dated: June 19, 2003. the insecticidal efficacy is based on the docket and EPA’s electronic public Peter Caulkins, concentration of indoxacarb (DPX– docket. If you submit the copy that does Director, Registration Division, Office of KN128), the application rates have been not contain CBI on disk or CD ROM, Pesticide Programs. normalized on an indoxacarb (DPX– mark the outside of the disk or CD ROM Summary of Petition KN128) basis. The proposed tolerance clearly that it does not contain CBI. expression includes both indoxacarb Information not marked as CBI will be The petitioner’s summary of the (DPX–KN128) and IN–KN127 and the included in the public docket and EPA’s pesticide petition is printed below as residue method does not distinguish electronic public docket without prior required by FFDCA section 408(d)(3). between the enantiomers, therefore, notice. If you have any questions about The summary of the petition was residues are reported as the sum of CBI or the procedures for claiming CBI, prepared by E. I. Du Pont de Nemours indoxacarb (DPX–KN128) combined please consult the person listed under and Company, Du Pont Crop Protection, with IN–KN127. Residues of indoxacarb FOR FURTHER INFORMATION CONTACT. and represents the view of the (DPX–KN128) combined with IN– petitioner. The petition summary KN127 will be referred to as ‘‘KN128/ E. What Should I Consider as I Prepare announces the availability of a My Comments for EPA? KN127’’. description of the analytical methods 1. Plant metabolism The metabolism You may find the following available to EPA for the detection and of indoxacarb in plants is adequately suggestions helpful for preparing your measurement of the pesticide chemical understood to support these tolerances. comments: residues or an explanation of why no Plant metabolism studies in cotton, such method is needed. 1. Explain your views as clearly as lettuce, and tomatoes showed no possible. E. I. Du Pont de Nemours and Company significant metabolites. The only significant residue was parent 2. Describe any assumptions that you Du Pont Crop Protection compound. used. PP 3F6576 2. Analytical method. The plant 3. Provide copies of any technical residue enforcement method detects and information and/or data you used that EPA has received a pesticide petition quantitates indoxacarb in various support your views. (PP 3F6576) from E. I. Du Pont de matrices including sweet corn, lettuce, 4. If you estimate potential burden or Nemours and Company, Du Pont Crop tomato, broccoli, apple, grape, costs, explain how you arrived at the Protection, Wilmington, Delaware, cottonseed, tomato, peanut and soybean estimate that you provide. proposing pursuant to section 408(d) of commodity samples by HPLC–UV. The 5. Provide specific examples to the Federal Food, Drug and Cosmetic limit of quantitation in the method illustrate your concerns. Act, 21 U.S.C. 346a(d), to amend 40 CFR allows monitoring of crops with part 180, by establishing a tolerance for indoxacarb residues at or above the 6. Make sure to submit your combined residues of Indoxacarb, [(S)- levels proposed in these tolerances. comments by the deadline in this methyl 7-chloro-2,5-dihydro-2- 3. Magnitude of residues—a. Grapes. notice. [(methoxycarbonyl)[4- Residue studies were conducted at a 7. To ensure proper receipt by EPA, (trifluoromethoxy)phenyl] total of 13 field sites. All studies were be sure to identify the docket ID number amino]carbonyl]indeno[1,2e] done using Avaunt Insecticide assigned to this action in the subject [1,3,4]oxadiazine-4a(3H)- carboxylate] containing 30% active ingredient (300 line on the first page of your response. and its R-enantiomer [(R)-methyl 7- grams (g) DPX–KN128 per kilogram (kg), You may also provide the name, date, chloro-2,5-dihydro-2- weight/weight (w/w). Four broadcast and Federal Register citation. [[(methoxycarbonyl)[4- applications of Avaunt. Insecticide II. What Action is the Agency Taking? (trifluoromethoxy) phenyl] were made at each test site at a amino]carbonyl]indeno [1,2-e] [1,3,4] maximum rate of 0.11 lb. active EPA has received a pesticide petition oxadiazine-4a(3H)- carboxylate] in a ingredient (a.i.) DPX–KN128/acre/ as follows proposing the establishment 75:25 mixture (DPX MP062), application (maximum seasonal use rate and/or amendment of regulations for respectively, in or on the raw of 0.44 lb DPX–KN128/acre). residues of a certain pesticide chemical agricultural commodity as follows: Applications were made approximately in or on various food commodities grape, 2 ppm and raisin, 6 ppm. An 5 days apart. Residues were measured as under section 408 of the Federal Food, analytical enforcement method (LC–UV) the combination of DPX-KN128 and IN– Drug, and Cosmetic Act (FFDCA), 21 is available for determining plant KN127 (enantiomers not resolved by the U.S.C. 346a. EPA has determined that residues. EPA has determined that the analytical method). Maximum residues this petition contains data or petition contains data or information of KN128/KN127 in individual information regarding the elements set regarding the elements set forth in duplicate samples were 1.72parts per forth in FFDCA section 408(d)(2); section 408(d)(2) of the FFDCA; million (ppm) at a pre-harvest interval however, EPA has not fully evaluated however, EPA has not fully evaluated (PHI) of 7 days (range 0.066 to 1.72 the sufficiency of the submitted data at the sufficiency of the submitted data at ppm. this time or whether the data support this time or whether the data support b. Grape processing. A grape granting of the petition. Additional data granting of the petition. Additional data processing study was also performed in may be needed before EPA rules on the may be needed before EPA rules on the California. Grapes received four petition. petition. applications of an exaggerated rate of
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0.555 lb. of indoxacarb per acre, 5X the Samples collected at the processing rate were 1.34 ppm, 3.66 ppm and <0.01 labeled rate. Samples were collected facility were whole fruit, raisins and ppm, respectively. from control and treated plots 7 days grape juice. The mean KN128/KN127 B. Toxicological Profile after the last application. The grape residues in whole fruit, raisins and samples were then processed using grape juice treated with the exaggerated 1. Acute toxicity. Based on EPA standard grape processing procedures. criteria, indoxacarb is classified as follows for toxicity categories:
Guideline Title Results Category
81–1 Acute oral toxicity LD50:1,730 milligrams/kilogram (mg/kg) (M Category II Rat) LD50: 268 mg/kg/(F Rat)
81–2 Acute dermal toxicity LD50: >5,000 mg/kg (Rat) Category IV
81–3 Acute inhalation toxicity LC50:>5.5 (milligrams/per Liter (mg/L) (M Category IV Rat) (70% MUP)
81–4 Primary eye irritation Effects reversed within 72 hours (Rabbit) Category III
81–5 Primary dermal irritation No irritation (Rabbit) Category IV
81–6 Skin sensitization Sensitizer (Guinea Pig)
Formulated products are slightly less pup weights noted for the F1 litters of In a subchronic neurotoxicity study in acutely toxic than indoxacarb. the higher concentration groups. The rats, there was no evidence of In an acute neurotoxicity study, effects on pup weights occurred only at neurotoxicity at 11.9 and 6.09 mg/kg/ indoxacarb exhibited decreased a maternal effect level and may have day, the highest dose tested for males forelimb grip strength, decreased foot been due to altered growth and nutrition and females, respectively. The splay, and some evidence of slightly in the dams. In studies conducted to subchronic NOAEL in dogs (5.0 mg/kg/ reduced motor activity, but only at the evaluate developmental toxicity day, M/F) was based on hemolytic highest doses tested. The no adverse potential, indoxacarb was neither anemia. Erythrocyte values for most effects level (NOAEL) was 100 mg/kg for teratogenic nor uniquely toxic to the dogs were within a range that would be males and 12.5 mg/kg for females based conceptus (i.e., not considered a considered normal for dogs in a clinical on body weight effects in females >50 developmental toxin). Developmental setting. Mice were less sensitive to mg/kg. studies conducted in rats and rabbits indoxacarb than the rats or dogs. 2. Genotoxicty. Indoxacarb has shown demonstrated that the rat was more NOAELs (23 mg/kg/day, males, 16 mg/ no genotoxic activity in the following susceptible than the rabbit to the kg/day, females) were based on listed in-vitroand in-vivotests: maternal and fetal effects of DPX– mortality (males only); increased i. Ames—Negative MP062. Developmental toxicity was reticulocytes and Heinz bodies and ii. In-vitro mammalian gene mutation observed only in the presence of decreased body weight, weight gain, (CHO/HGPRT)—Negative maternal toxicity. The NOAEL for food consumption, food efficiency; and iii. In-vitro unscheduled DNA maternal and fetal effects in rats was 2 increased clinical signs (leaning to one synthesis—Negative mg/kg/day based on body weight effects side and/or with abnormal gait or iv. In-vitro chromosomal aberration— and decreased food consumption at 4 mobility) (females only). In a 28-day Negative mg/kg/day. The NOAEL for repeated dose dermal study, the NOAEL v. In-vivo mouse micronucleus— developmental effects in fetuses was >4 was 50 mg/kg/day based on decreased Negative body weights, body weight gains, food mg/kg/day. In rabbits, the maternal and 3. Reproductive and developmental consumption, and food efficiency in fetal NOAELS were 500 mg/kg/day toxicity. The results of a series of studies females, and changes in hematology based on body weight effects, decreased indicated that there were no parameters, the spleen and clinical signs food consumption in dams and reproductive, developmental or of toxicity in both sexes in rats. decreased weight and delayed teratogenic hazards associated with the 5. Chronic toxicity. Chronic studies ossification in fetuses at 1,000 mg/kg/ use of indoxacarb. In a 2-generation rat with indoxacarb were conducted on reproduction study, the parental day. rats, mice, and dogs to determine NOAEL was 1.5 mg/kg/day. The 4. Subchronic toxicity. Subchronic oncogenic potential and/or chronic parental NOAEL was based on (90-day) feeding studies were conducted toxicity of the compound. Effects observations of reduced weight gain and with rats, mice, and dogs. In a 90-day generally similar to those observed in food consumption for the higher feeding study in rats, the NOAEL was the 90-day studies were seen in the concentration groups of the F0 3.1 and 2.1 mg/kg/day for males and chronic studies. Indoxacarb was not generation, and potential treatment- females, respectively. In male rats, the oncogenic in rats or mice. The chronic related changes in spleen weights for NOAEL was based on decreased body NOAEL in male rats was 5 mg/kg/day the higher groups of the F1 generation. weight and nutritional parameters, mild based on body weight and nutritional There was no effect on mating or hemolytic anemia and decreased total effects. In females, the NOAEL of 2.1 fertility. The NOAEL for fertility and protein and globulin concentration. In mg/kg/day was based on body weight reproduction was 6.4 mg/kg/day. The female rats, the NOAEL was based on and nutritional changes, as well as offspring NOAEL was 1.5 mg/kg/day, decreased body weight and food biologically significant hematologic and was based on the reduced mean efficiency. changes at 3.6 mg/kg/day and above.
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Hemolytic effects were present only indoxacarb at doses of 7.5 ppm, 22.5 C. Aggregate Exposure through the 6-month evaluation and and 75 ppm. The mean KN128/KN127 only in females. The regenerative nature concentrations were proportional to the Tolerances for indoxacarb are of indoxacarb-induced hemolytic dosing level in whole milk, skim milk, proposed to support agricultural use on anemia was demonstrated by the cream, muscle, fat, liver and kidney. grapes. There are residential uses of absence of significant changes in Based on final residue values for the indoxacarb pending (fire ant bait), indicators of circulating erythrocyte respective commodities contributing to however, the risk from that use has been mass at later evaluations. In mice, the the cattle diet, the anticipated dietary found to be negligible. chronic NOAEL of 2.6 mg/kg/day for burden in dairy cattle is 51.7 ppm and 1. Dietary exposure. The chronic males was based on deceased body the anticipated dietary burden in beef reference dose (RfD) of 0.02 mg/kg bwt/ weight and weight gain effects and food cattle is 49.1 ppm. The proposed grape day is based on a NOAEL of 2.0 mg/kg efficiency at 13.8 mg/kg/day and above. use will not increase the animal dietary bwt/day from the subchronic rat feeding The NOAEL for females was 4.0 mg/kg/ burden. Based on standard curves study, the subchronic rat neurotoxicity day based on body weight nutritional constructed from data in the cattle study, and the chronic/carcinogenicity effects, neurotoxicity, and clinical signs feeding study, KN128/KN127 study, using an uncertainty factor of at 20 mg/kg/day. In dogs, the chronic concentrations at the 51.7 ppm feeding 100. The acute RfD for the general NOAEL was about 2.3 and 2.4 mg/kg/ level are 0.123 ppm for whole milk, population is 0.12 mg/kg/day, based on day in males and females, respectively 0.033 ppm for skim milk and 1.46 ppm the NOAEL of 12.5 mg/kg in the acute based on hemolytic effects similar to for cream. The KN128/KN127 neurotoxicity study and an uncertainty those seen in the subchronic dog study. concentrations at the 49.1 ppm feeding factor of 100. The acute RfD for females 6. Animal metabolism—i. Livestock level are 0.046 ppm for muscle, 1.37 13–50 years of age is 0.02 mg/kg/day, animal metabolism. Animal metabolism ppm for fat, 0.012 ppm for liver and based on the NOAEL of 2 mg/kg/day has been studied in the rat, hen, and 0.026 ppm for kidney. Tolerances have observed in the developmental rat cow and is well understood. In contrast been established at 1.5 ppm in fat toxicity study and using an uncertainty to crops, indoxacarb is extensively (cattle, goat, horse, sheep and hog), 0.05 factor of 100. metabolized in animals. ppm in meat, 0.03 ppm in meat by- ii Poultry. In poultry, hens were fed products, 0.15 ppm in milk and 4.0 ppm i. Food. Chronic dietary exposure at 10 ppm/day for 5 days, 87–88% of the in milk fat. assessment. Chronic dietary exposure total administered dose was excreted; 7. Metabolite toxicology. In rats, resulting from the currently approved parent comprised 51–54% of the total indoxacarb was readily absorbed at low use of indoxacarb on apples, Crop group dose in excreta. Concentration of dose (5 mg/kg), but saturated at the high 5 (brassica vegetables), cotton, pears, residues in eggs were low, 0.3–0.4 of the dose (150 mg/kg). Indoxacarb was peppers, sweet corn, tomatoes, eggplant, total dose, as was the concentration of metabolized extensively, based on very alfalfa, head and leaf lettuce, peanuts, residues in muscle, 0.2% of the total low excretion of parent compound in potatoes, soybeans, cranberries (current dose. Parent and metabolite IN–JT333 bile and extensive excretion of Section 18 use) and the proposed use on were not detected in egg whites; only metabolized dose in the urine and feces. grapes are well within acceptable limits insecticidally inactive metabolites were Some parent compound remained for all sectors of the population. The identified. Parent and IN–JT333 were unabsorbed and was excreted in the Chronic Module of the Dietary Exposure found in egg yolks; however, their feces. No parent compound was Evaluation Model (DEEMTM, Exponent, concentrations were very low-0.01-0.02 excreted in the urine. The retention and Inc., formerly Novigen Sciences, Inc., ppm. Concentrations of parent and IN– elimination of the metabolite IN-JT333 Version 7.76) was used to conduct the JT333 in muscle were at or below the from fat appeared to be the overall rate assessment with the reference dose limit of quantitation, (LOQ) (0.01 ppm). determining process for elimination of (RfD) of 0.02 mg/kg/day. The analysis iii. Cattle. For the cow study, the radioactive residues from the body. used overall mean field trial values, cattle were fed at 10 ppm/day for 5 Metabolites in urine were cleaved processing factors and projected peak days; approximately 20% of the total products (containing only one percent crop treated values. Secondary administered dose was excreted in urine radiolabel), while the major metabolites residues in milk, meat and poultry and 53–60% was excreted in feces in 5 in the feces retained both radiolabels. products were also included in the days. Four-tenths to 1.2% of the total Major metabolic reactions included analysis. The chronic dietary exposure dose in urine was parent indicating hydroxylation of the indanone ring, to indoxacarb is 0.000089 mg/kg/day, extensive metabolism; parent hydrolysis of the carboxylmethyl group and utilizes 0.4% of the RfD for the represented 46–68% of the fecal from the amino nitrogen and the overall U.S. population. The exposure of activity. Thus, most residues were not opening of the oxadiazine ring, which the most highly exposed subgroup in absorbed; those residues that were gave rise to cleaved products. the population, children age 1–6 years, absorbed were extensively metabolized. Metabolites were identified by mass is 0.000238 mg/kg/day, and utilizes Less than 1% of the total administered spectral analysis, NMR, ultraviolet (UV), 1.2% of the RfD. The table below lists dose was in milk, most of which was and/or by comparison to standards the results of this analysis, which parent compound. The insecticidally chemically synthesized or produced by indicate large margins of safety for each active metabolite IN–JT333 was not microsomal enzymes. population subgroup and very low found in milk. Residues in muscle 8. Endocrine disruption. Lifespan, probability of effects resulting from represented less than 0.01% of the total and multigenerational bioassays in chronic exposure to indoxacarb. administered dose most of which was mammals, and acute and subchronic parent. IN–JT333 was not detected in studies on aquatic organisms and Maximum muscle. No other metabolites were seen wildlife did not reveal endocrine effects. Dietary Ex- Subgroup posure (mg/ % RfD above 10% of the dose, thus only parent Any endocrine related effects would kg/day) and IN–JT333 were monitored in the have been detected in this definitive cattle feeding study. array of required tests. The probability U.S iv. Cattle feeding study. A cattle of any such effect due to agricultural Population 0.000089 0.4 feeding study was conducted with uses of indoxacarb is negligible.
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Maximum 99.9th Percentile of indoxacarb has a novel mode of action Subgroup Dietary Ex- % RfD exposure compared to currently registered active posure (mg/ ingredients. kg/day) Subgroup % Acute Exposure population E. Safety Determination Non-Nursing (mg/kg/day) adjusted Infants (<1 dose (aPAD) 1. U.S. population. Dietary and year old) 0.000063 0.3 occupational exposure will be the major routes of exposure to the U.S. Children (1–6 All infants 0.024729 20.6 years) 0.000238 1.2 population, and ample margins of safety Non-nursing have been demonstrated for both (<1 year) 0.026036 21.7 Children (7– situations. The chronic dietary exposure 12 years) 0.000126 0.6 to indoxacarb is 0.000089 mg/kg/day, Children (1–6 years) 0.013973 11.6 which utilizes 0.4% of the RfD for the Females (13+, overall U.S. population, using mean nursing) 0.000073 0.4 Children (7– field trial values, processing factors and 12 years) 0.006882 5.7 Males (13–19 projected peak percent crop treated years) 0.000090 0.5 values. The percent of the acute Females (13– population adjusted dose (7.3% aPAD) 19 years) 0.005119 25.6 for the overall U.S. population shows ii. Acute dietary exposure. Acute Females (20+, that an adequate margin of safety exists. dietary exposure resulting from the Using only pesticide handlers exposure currently approved use of indoxacarb on not preg- nant or data base (PHED) data levels A and B apples, Crop Group 5 (brassica nursing) 0.005358 26.8 (those with a high level of confidence), vegetables), cotton, pears, peppers, margin of exposure (MOEs) for sweet corn, tomatoes, eggplant, alfalfa, Females (13– occupational exposure are 650 for head and leaf lettuce, peanuts, 50 years) 0.005307 26.5 mixer/loaders and 1,351 for airblast soybeans, potatoes, cranberries (current applicators (worst-case). Based on the Section 18 use) and the proposed use on iii. Drinking water. Indoxacarb is completeness and reliability of the grapes are well within acceptable limits highly unlikely to contaminate toxicity data and the conservative for all sectors of the population. The groundwater resources due to its exposure assessments, there is a Dietary Exposure Evaluation Model immobility in soil, low water solubility, reasonable certainty that no harm will (DEEMTM, Exponent, Inc., formerly high soil sorption, and moderate soil result from the aggregate exposure of Novigen Sciences, Inc., Version 7.76) half-life. Based on the PRZM/EXAMS residues of indoxacarb including all was used to conduct the assessment. and SCI–GROW models the estimated anticipated dietary exposure and all Margins of exposure (MOE) were environmental concentrations (EECs) of other non-occupational exposures. calculated based on an acute NOAEL of indoxacarb and its R-enantiomer for 2 mg/kg/day for women of childbearing acute exposures are estimated to be 6.84 2. Infants and children. Chronic age and a NOAEL of 12 mg/kg/day for parts per billion (ppb) for surface water dietary exposure of the most highly children and the general population and 0.0025 ppb for ground water. The exposed subgroup in the population, (Pesticide Fact Sheet for Indoxacarb). EECs for chronic exposures are children age 1–6 years, is 0.000238 mg/ The Tier 3 analysis used distributions of estimated to be 0.316 ppb for surface kg/day or 1.2% of the RfD. For infants field trial residue data adjusted for water and 0.0025 ppb for ground water. (non-nursing, <1 yr.), the exposure projected peak percent crop treated. Drinking water levels of comparisons accounts for 0.3% of the RfD. For acute Secondary residues in milk, meat and (DWLOCs), theoretical upper allowable exposure at the 99.9th percentile (based poultry products were also included in limits on the pesticide’s concentration on a Tier 3 assessment) the exposure the analysis. The results of this analysis in drinking water, were calculated to be was 0.013973 mg/kg/day (11.6% a PAD) are given in the table below. The much higher than the EEC’s. The for children 1–6 and 0.026036 mg/kg/ percent of the acute population adjusted chronic DWLOC’s ranged from 198 to day (21.7% a PAD) for non-nursing dose (a PAD) for all population 697 ppb. The acute DWLOC’s ranged infants. There are residential uses of subgroups shows that an adequate from 440 to 3,890 ppb. Thus, exposure indoxa carb pending, but exposure is margin of safety exists in each case. via drinking water is acceptable. calculated to be extremely minimal. The Thus, the acute dietary safety of 2. Non-dietary exposure. Indoxacarb estimated levels of indoxa carb in indoxacarb for established and the product registrations for residential non- drinking water are well below the below follow-on use clearly meets the Food food uses are pending. Non- the DWLOC. Based on the completeness Quality Protection Act (FQPA) standard occupational, non-dietary exposure for and reliability of the toxicity data, the of reasonable certainty of no harm and DPX–MP062 has been estimated to be lack of toxicological endpoints of presents acceptable acute dietary risk. extremely small. Therefore, the special concern, the lack of any potential for non-dietary exposure is indication that children are more 99.9th Percentile of insignificant. sensitive than adults to indoxa carb, and exposure the conservative exposure assessment, D. Cumulative Effects % Acute there is a reasonable certainty that no Subgroup EPA’s consideration of a common Exposure population harm will result to infants and children (mg/kg/day) adjusted mechanism of toxicity is not necessary from the aggregate exposure of residues dose at this time because there is no (aPAD) of indoxa carb, including all anticipated indication that toxic effects of dietary exposure and all other non- U.S. indoxacarb would be cumulative with occupational exposures. Accordingly, population 0.008795 7.3 those of any other chemical compounds. there is no need to apply an additional Oxadiazine chemistry is new, and safety factor for infants and children.
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F. International Tolerances whether this action might apply to in EPA’s electronic public docket. When To date, no international tolerances certain entities. If you have any a document is selected from the index exist for indoxacarb. questions regarding the applicability of list in EPA Dockets, the system will this action to a particular entity, consult identify whether the document is [FR Doc. 03–16739 Filed 7–1–03; 8:45 am] the person listed under FOR FURTHER available for viewing in EPA’s electronic BILLING CODE 6560–50–S INFORMATION CONTACT. public docket. Although not all docket materials may be available B. How Can I Get Copies of This electronically, you may still access any ENVIRONMENTAL PROTECTION Document and Other Related of the publicly available docket AGENCY Information? materials through the docket facility [OPP–2003–0211; FRL–7312–8] 1. Docket. EPA has established an identified in Unit I.B. EPA intends to official public docket for this action work towards providing electronic Dinotefuran; Notice of Filing a under docket identification (ID) number access to all of the publicly available Pesticide Petition to Establish a OPP–2003–0211. The official public docket materials through EPA’s Tolerance for a Certain Pesticide docket consists of the documents electronic public docket. Chemical in or on Food specifically referenced in this action, For public commenters, it is any public comments received, and AGENCY: Environmental Protection important to note that EPA’s policy is other information related to this action. Agency (EPA). that public comments, whether Although a part of the official docket, submitted electronically or in paper, ACTION: Notice. the public docket does not include will be made available for public SUMMARY: This notice announces the Confidential Business Information (CBI) viewing in EPA’s electronic public initial filing of a pesticide petition or other information whose disclosure is docket as EPA receives them and proposing the establishment of restricted by statute. The official public without change, unless the comment regulations for residues of a certain docket is the collection of materials that contains copyrighted material, CBI, or pesticide chemical in or on various food is available for public viewing at the other information whose disclosure is commodities. Public Information and Records restricted by statute. When EPA Integrity Branch (PIRIB), Rm. 119, identifies a comment containing DATES: Comments, identified by docket Crystal Mall #2, 1921 Jefferson Davis copyrighted material, EPA will provide ID number OPP–2003–0211, must be Hwy., Arlington, VA. This docket a reference to that material in the received on or before August 1, 2003. facility is open from 8:30 a.m. to 4 p.m., version of the comment that is placed in ADDRESSES: Comments may be Monday through Friday, excluding legal EPA’s electronic public docket. The submitted electronically, by mail, or holidays. The docket telephone number entire printed comment, including the through hand delivery/courier. Follow is (703) 305–5805. copyrighted material, will be available the detailed instructions as provided in 2. Electronic access. You may access in the public docket. Unit I. of the SUPPLEMENTARY this Federal Register document Public comments submitted on INFORMATION. electronically through the EPA Internet computer disks that are mailed or FOR FURTHER INFORMATION CONTACT: Rita under the ‘‘Federal Register’’ listings at delivered to the docket will be Kumar, Registration Division (7505C), http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public Office of Pesticide Programs, An electronic version of the public docket. Public comments that are Environmental Protection Agency, 1200 docket is available through EPA’s mailed or delivered to the docket will be Pennsylvania Ave., NW., Washington, electronic public docket and comment scanned and placed in EPA’s electronic DC 20460–0001; telephone number: system, EPA Dockets. You may use EPA public docket. Where practical, physical (703) 308–8291; e-mail address: Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the [email protected]. to submit or view public comments, photograph will be placed in EPA’s access the index listing of the contents electronic public docket along with a SUPPLEMENTARY INFORMATION: of the official public docket, and to brief description written by the docket I. General Information access those documents in the public staff. docket that are available electronically. A. Does this Action Apply to Me? Although not all docket materials may C. How and to Whom Do I Submit You may be potentially affected by be available electronically, you may still Comments? this action if you are an agricultural access any of the publicly available You may submit comments producer, food manufacturer, or docket materials through the docket electronically, by mail, or through hand pesticide manufacturer. Potentially facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper affected entities may include, but are the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate not limited to: the appropriate docket ID number. docket ID number in the subject line on • Crop production (NAICS 111) Certain types of information will not the first page of your comment. Please • Animal production (NAICS 112) be placed in EPA’s Dockets. Information ensure that your comments are • Food manufacturing (NAICS 311) claimed as CBI and other information submitted within the specified comment • Pesticide manufacturing (NAICS whose disclosure is restricted by statute, period. Comments received after the 32532) which is not included in the official close of the comment period will be This listing is not intended to be public docket, will not be available for marked ‘‘late.’’ EPA is not required to exhaustive, but rather provides a guide public viewing in EPA’s electronic consider these late comments. If you for readers regarding entities likely to be public docket. EPA’s policy is that wish to submit CBI or information that affected by this action. Other types of copyrighted material will not be placed is otherwise protected by statute, please entities not listed in this unit could also in EPA’s electronic public docket but follow the instructions in Unit I.D. Do be affected. The North American will be available only in printed, paper not use EPA Dockets or e-mail to submit Industrial Classification System form in the official public docket. To the CBI or information protected by statute. (NAICS) codes have been provided to extent feasible, publicly available 1. Electronically. If you submit an assist you and others in determining docket materials will be made available electronic comment as prescribed in this
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unit, EPA recommends that you include of Pesticide Programs (OPP), 6. Make sure to submit your your name, mailing address, and an e- Environmental Protection Agency, 1200 comments by the deadline in this mail address or other contact Pennsylvania Ave., NW., Washington, notice. information in the body of your DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, comment. Also include this contact Number OPP–2003–0211. be sure to identify the docket ID number information on the outside of any disk 3. By hand delivery or courier. Deliver assigned to this action in the subject or CD ROM you submit, and in any your comments to: Public Information line on the first page of your response. cover letter accompanying the disk or and Records Integrity Branch (PIRIB), You may also provide the name, date, CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), and Federal Register citation. identified as the submitter of the Environmental Protection Agency, Rm. II. What Action is the Agency Taking? comment and allows EPA to contact you 119, Crystal Mall #2, 1921 Jefferson in case EPA cannot read your comment Davis Hwy., Arlington, VA, Attention: EPA has received pesticide petitions due to technical difficulties or needs Docket ID Number OPP–2003–0211. as follows proposing the establishment further information on the substance of Such deliveries are only accepted and/or amendment of regulations for your comment. EPA’s policy is that EPA during the docket’s normal hours of residues of a certain pesticide chemical will not edit your comment, and any operation as identified in Unit I.B.1. in or on various food commodities identifying or contact information under section 408 of the Federal Food, provided in the body of a comment will D. How Should I Submit CBI to the Drug, and Cosmetic Act (FFDCA), 21 be included as part of the comment that Agency? U.S.C. 346a. EPA has determined that is placed in the official public docket, Do not submit information that you these petitions contain data or and made available in EPA’s electronic consider to be CBI electronically information regarding the elements set public docket. If EPA cannot read your through EPA’s electronic public docket forth in FFDCA section 408(d)(2); comment due to technical difficulties or by e-mail. You may claim however, EPA has not fully evaluated and cannot contact you for clarification, information that you submit to EPA as the sufficiency of the submitted data at EPA may not be able to consider your CBI by marking any part or all of that this time or whether the data support comment. information as CBI (if you submit CBI granting of the petitions. Additional i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside data may be needed before EPA rules on electronic public docket to submit of the disk or CD ROM as CBI and then the petitions. comments to EPA electronically is identify electronically within the disk or List of Subjects EPA’s preferred method for receiving CD ROM the specific information that is comments. Go directly to EPA Dockets CBI). Information so marked will not be Environmental protection, at http://www.epa.gov/edocket, and disclosed except in accordance with Agricultural commodities, Feed follow the online instructions for procedures set forth in 40 CFR part 2. additives, Food additives, Pesticides submitting comments. Once in the In addition to one complete version of and pests, Reporting and recordkeeping system, select ‘‘search,’’ and then key in the comment that includes any requirements. docket ID number OPP–2003–0211. The information claimed as CBI, a copy of Dated: June 20, 2003. system is an ‘‘anonymous access’’ the comment that does not contain the Debra Edwards, system, which means EPA will not information claimed as CBI must be know your identity, e-mail address, or Director, Registration Division, Office of submitted for inclusion in the public Pesticide Programs. other contact information unless you docket and EPA’s electronic public provide it in the body of your comment. docket. If you submit the copy that does Summary of Petition ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, The petitioner’s summary of the e-mail to [email protected], mark the outside of the disk or CD ROM pesticide petitions is printed below as Attention: Docket ID Number OPP– clearly that it does not contain CBI. required by FFDCA section 408(d)(3). 2003–0211. In contrast to EPA’s Information not marked as CBI will be The summary of the petitions was electronic public docket, EPA’s e-mail included in the public docket and EPA’s prepared by the petitioner and system is not an ‘‘anonymous access’’ electronic public docket without prior represents the view of the petitioner. system. If you send an e-mail comment notice. If you have any questions about The petitions summary announces the directly to the docket without going CBI or the procedures for claiming CBI, availability of a description of the through EPA’s electronic public docket, please consult the person listed under analytical methods available to EPA for EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. the detection and measurement of the captures your e-mail address. E-mail pesticide chemical residues or an addresses that are automatically E. What Should I Consider as I Prepare explanation of why no such method is captured by EPA’s e-mail system are My Comments for EPA? needed. included as part of the comment that is You may find the following placed in the official public docket, and suggestions helpful for preparing your Mitsui Chemicals, Inc. made available in EPA’s electronic comments: PP 2F6427 and 3F6566 public docket. 1. Explain your views as clearly as iii. Disk or CD ROM. You may submit possible. EPA has received pesticide petitions comments on a disk or CD ROM that 2. Describe any assumptions that you (2F6427 and 3F6566) from Mitsui you mail to the mailing address used. Chemicals, Inc., Chiyoda-ku, Tokyo, identified in Unit I.C.2. These electronic 3. Provide copies of any technical Japan, proposing pursuant to section submissions will be accepted in information and/or data you used that 408(d) of the FFDCA, 21 U.S.C. 346a(d), WordPerfect or ASCII file format. Avoid support your views. to amend 40 CFR part 180 by the use of special characters and any 4. If you estimate potential burden or establishing tolerances for residues of form of encryption. costs, explain how you arrived at the dinotefuran, (RS)-1-methyl-2-nitro-3- 2. By mail. Send your comments to: estimate that you provide. (tetrahydro-3-furylmethyl)guanidine Public Information and Records 5. Provide specific examples to and its major metabolites, 1-methyl-3- Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. (tetrahydro-3-furylmethyl)guanidine,
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and 1-methyl-3-(tetrahydro-3- peel for processed commodity matrices. proposed tolerance in or on cucurbit furylmethyl)-urea, in or on fruiting After extraction with a water/ vegetables for combined residues of vegetables, leafy vegetables, head and acetonitrile mixture and clean up with dinotefuran, 1-methyl-3-(tetrahydro-3- stem brassica vegetables, cotton, hexane and extraction columns, furylmethyl)guanidine, and 1-methyl-3- cucurbits, grapes, and potato. The concentrations of dinotefuran and its (tetrahydro-3-furylmethyl)-urea, is 0.5 tolerances are set at the following value: metabolites were quantified after HPLC ppm. The maximum combined residue Fruiting vegetables, 0.7 part per million separation by mass spectrometry/ found for the representative cucurbit (ppm); leafy vegetables, 5.0 ppm; tomato molecular size (MS/MS) detection. The vegetable crops was 0.44 ppm for a paste, 1.0 ppm; cucurbits, 0.5 ppm; head limit of quantitation (LOQ) was 0.01 melon sample. and stem brassica vegetables, 1.4 ppm; ppm for all matrices. For leafy vegetables (crop group 4), grape, 0.8 ppm; raisin, 2.5 ppm; potato, The HPLC method was validated for residue trials were conducted for each 0.05 ppm; chips, 0.10 ppm; granules, the determination of dinotefuran and 1- of the four representative crops, celery, 0.15 ppm; cotton seed undelinted at 0.2 methyl-3-(tetrahydro-3-furylmethyl)- leaf lettuce, head lettuce, and spinach, ppm, and cotton gin byproducts at 7.0 urea in or on cotton (undelinted seed, at six locations. The proposed tolerance ppm. Tolerances for meat, milk, and gin trash, meal, hulls, refined oil), and in or on leafy vegetables for combined byproducts is set at 0.05 ppm. This new leafy vegetables. After extraction with a residues of dinotefuran, 1-methyl-3- active ingredient has been accepted by water/acetonitrile mixture and clean up (tetrahydro-3-furylmethyl)guanidine, EPA as a reduced risk chemical. EPA dinotefuran, 1-methyl-3-(tetrahydro-3- and 1-methyl-3-(tetrahydro-3- has determined that the petitions furylmethyl)guanidine, and 1-methyl-3- furylmethyl)-urea, is 5.0 ppm. The contains data or information regarding (tetrahydro-3-furylmethyl)-urea were maximum combined residue found for the elements set forth in section quantified after HPLC separation by MS/ the representative leafy vegetable crops 408(d)(2) of the FFDCA; however, EPA MS detection. For undelinted seed, gin was 4.36 ppm for a spinach sample. has not fully evaluated the sufficiency trash, meal, and hulls, a LOQ of 0.05 Residue trials for cotton were of the submitted data at this time or milligram/kilogram (mg/kg) and a conducted at 13 locations and whether the data support granting of the working range from 0.05 to 0.50 mg/kg undelinted cotton seed samples were petitions. Additional data may be were successfully validated for collected and analyzed. Cotton gin needed before EPA rules on the dinotefuran, 1-methyl-3-(tetrahydro-3- byproducts (gin trash) samples were petitions. furylmethyl)guanidine, and 1-methyl-3- obtained for 7 of the locations. (tetrahydro-3-furylmethyl)-urea. For Processing studies with analyses of A. Residue Chemistry refined oil, a LOQ of 0.01 mg/kg and a cotton seed meal, hulls, and oil were 1. Plant metabolism. The primary working range from 0.01 to 0.10 mg/kg performed with cotton seed harvested at metabolic pathways of dinotefuran in were successfully validated for two locations that were both treated plants (rice, apple, potato, oilseed, rape, dinotefuran, 1-methyl-3-(tetrahydro-3- with 5X the maximum label rate. The and lettuce) were similar to those furylmethyl)guanidine, and 1-methyl-3- proposed tolerance for combined described for animals, with certain (tetrahydro-3-furylmethyl)-urea. An residues of dinotefuran, 1-methyl-3- extensions of the pathway in plants. HPLC method was validated for the (tetrahydro-3-furylmethyl)guanidine, Parent compound, dinotefuran, and two determination of dinotefuran, 1-methyl- and 1-methyl-3-(tetrahydro-3- metabolites, 1-methyl-3-(tetrahydro-3- 3-(tetrahydro-3-furylmethyl)guanidine, furylmethyl)-urea, in or on cotton seed furymethyl)guanidine and 1-methyl-3- and 1-methyl-3-(tetrahydro-3- undelinted is 0.2 ppm. All cotton seed (tetrahydro-3-furymethyl)-urea were furylmethyl)-urea, in lettuce. After residue samples had combined residues major metabolites in all crops. The extraction with water/acetonitrile of less than 0.2 ppm. The proposed metabolism of dinotefuran in plants and mixture and clean-up, dinotefuran was tolerance for cotton gin byproducts is animals is understood for the purposes quantified after HPLC separation by 7.0 ppm for combined residues of of the proposed tolerances. Parent ultraviolet ray (UV) detection, 1-methyl- dinotefuran and its two major dinotefuran and the metabolites, 1- 3-(tetrahydro-3-furylmethyl)guanidine, metabolites. The maximum combined methyl-3-(tetrahydro-3- and 1-methyl-3-(tetrahydro-3- residues for cotton gin byproducts in furymethyl)guanidine and 1-methyl-3- furylmethyl)-urea by MSD. A LOQ 0.010 these trials was 6.4 ppm. Processing (tetrahydro-3-furymethyl)-urea are the mg/kg and a working range from 0.01 to studies established that residues of residues of concern for tolerance setting 5.00 mg/kg were successfully validated dinotefuran and its metabolites, purposes. from dinotefuran, 1-methyl-3- 1-methyl-3-(tetrahydro-3- 2. Analytical method. Mitsui (tetrahydro-3-furylmethyl)guanidine, furylmethyl)guanidine, and 1-methyl-3- Chemicals, Inc., has submitted practical and 1-methyl-3-(tetrahydro-3- (tetrahydro-3-furylmethyl)-urea, did not analytical methodology for detecting furylmethyl)-urea. All of the above concentrate in cotton seed meal, oil, or and measuring levels of dinotefuran and methods have been independently hulls. Therefore, tolerances are not its metabolites, 1-methyl-3-(tetrahydro- validated. proposed for these processing fractions. 3-furylmethyl)guanidine and 1-methyl- 3. Magnitude of residues. Crops in Residue trials for grapes were 3-(tetrahydro-3-furylmethyl)-urea, in or residue trials were treated at maximum conducted at 13 locations and 2 grape on raw agricultural commodities label rates and harvested at the specified juice and raisin processing studies were (RACs). The high performance liquid minimum treatment to harvest intervals. performed with grapes from exaggerated chromotography (HPLC) method was The residue method for dinotefuran, 1- treatment rate applications. The validated for determination of, methyl-3-(tetrahydro-3- proposed tolerance for combined dinotefuran, 1-methyl-3-(tetrahydro-3- furylmethyl)guanidine, and 1-methyl-3- residues of dinotefuran, 1-methyl-3- furylmethyl)guanidine, and 1-methyl-3- (tetrahydro-3-furylmethyl)-urea, in all (tetrahydro-3-furylmethyl)guanidine, (tetrahydro-3-furylmethyl)-urea in or on components utilized HPLC separation and 1-methyl-3-(tetrahydro-3- tomatoes, peppers, cucurbits, brassica, with MS/MS detection. furylmethyl)-urea, in or on grapes is 0.8 grapes, potatoes, and lettuce for raw For cucurbit vegetables (crop group ppm. The maximum combined residue agricultural commodity matrices and in 9), residue trials were conducted for for an individual grape residue sample or on tomato paste, puree, grape juice, each of the three representative crops, was 0.73 ppm and the highest average raisins, potato chips, granules, and wet cucumbers, melons, and squash. The field trial (HAFT) for grapes had
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combined residues of 0.55 ppm. The tomatoes into puree and 4.8 for furylmethyl)guanidine, and 1-methyl-3- proposed tolerance for raisins is 2.5 processing tomatoes into paste. Since (tetrahydro-3-furylmethyl)-urea, in a ppm for combined residues of the product of the average concentration 3:1:1 ratio, thus, the 5 ppm level dinotefuran and its two major factor for puree and the HAFT for contained 3 ppm of dinotefuran, 1 ppm metabolites based on the average tomatoes is less than the proposed of 1-methyl-3-(tetrahydro-3- concentration factor of 4.0 for tolerance for fruiting vegetables, no furylmethyl)guanidine, and 1 ppm of 1- processing grapes to raisins. The grape separate tolerance is proposed for methyl-3-(tetrahydro-3-furylmethyl)- juice processing studies established an tomato puree. A combined tolerance of urea. The dosing period was 29 to 30 average concentration factor of 1.3 for 1.0 ppm is proposed for tomato paste, days, whole milk, skim milk, and cream residues of dinotefuran and its based on the average concentration were analyzed through the collection metabolites 1-methyl-3-(tetrahydro-3- factor for processing of 4.8 and the period and meat, fat, and edible tissues furylmethyl)guanidine, and 1-methyl-3- HAFT of 0.20 ppm for tomatoes. were analyzed at conclusion of the (tetrahydro-3-furylmethyl)-urea, because For vegetables, brassica head, and dosing period. the product of multiplying the grape stem crop subgroup (crop subgroup 5– There were only low levels of HAFT times the average concentration A), residue trials were conducted with residues transmitted to milk, meat, fat, factor for processing grapes into juice is three representative crops, broccoli, and edible tissues in the study. No less than the proposed grape tolerance, cauliflower, and cabbage. The proposed dinotefuran residues (<0.01 ppm) were a separate tolerance is not proposed for tolerance for combined residues of measured in milk from 5 ppm dosage grape juice. dinotefuran, 1-methyl-3-(tetrahydro-3- cows. Maximum residues of dinotefuran For potatoes, residue trials were furylmethyl)guanidine, and 1-methyl-3- in milk were 0.012 ppm in the 3X level performed at 17 locations and 2 studies (tetrahydro-3-furylmethyl)-urea, 1- cows and 0.032 ppm in the 10X level processing potatoes into chips, granules, methyl-3-(tetrahydro-3- cows. No detectable residues of parent and wet peel were performed with furylmethyl)guanidine, and 1-methyl-3- dinotefuran were found in muscle, fat, potatoes that were treated with (tetrahydro-3-furylmethyl)-urea, on stem or edible tissues from cows at any exaggerated application rates. The and head brassica vegetables is 1.4 ppm. dosage level. Milk, muscle, fat, and proposed tolerance for combined The maximum combined residue in edible tissues were also analyzed for 1- residues of dinotefuran and its field trials was 1.25 ppm on broccoli. methyl-3-(tetrahydro-3- metabolites 1-methyl-3-(tetrahydro-3- Metabolism studies in livestock and furylmethyl)guanidine, and 1-methyl-3- furylmethyl)guanidine, and 1-methyl-3- poultry (nature of residue studies with (tetrahydro-3-furylmethyl)-urea, on goats and hens), established that (tetrahydro-3-furylmethyl)-urea, the two potatoes is 0.05 ppm. The maximum dinotefuran was rapidly metabolized dinotefuran metabolites included in the combined residues found on potatoes and excreted and that there was very combined residues in the proposed were less than 0.05 ppm with maximum little transmittal of residues of tolerance expression. Transmittal of residues of dinotefuran less than 0.03 dinotefuran and its metabolites to meat, quantifiable residues of 1-methyl-3- ppm. The HAFT result was 0.04 ppm of milk, or eggs. For goats fed 10 ppm of (tetrahydro-3-furylmethyl)guanidine combined residues. The average radiolabeled dinotefuran, the total was found at the 1X dosage level with concentration factors for processing radioactive residues (TRR) in meat and maximum residues of 0.013 ppm of 1- potatoes into chips, granules, and wet milk were less than 0.05 ppm. methyl-3-(tetrahydro-3- peel were 2.2, 3.65, and less than 1 The maximum livestock dietary furylmethyl)guanidine in milk and at respectively. No separate tolerance is burden from feeding cotton the 10X level with 0.011 ppm of 1- proposed for wet peel. Based on the commodities and potatoes (which all methyl-3-(tetrahydro-3- average concentration factors and the contain residues at the proposed furylmethyl)guanidine in milk and 0.02 HAFT, tolerances for combined residues tolerance levels) was 1.9 ppm for beef ppm of 1-methyl-3-(tetrahydro-3- of dinotefuran, 1-methyl-3-(tetrahydro- cattle and 1.9 ppm for dairy cattle. To furylmethyl)guanidine in muscle, liver, 3-furylmethyl)guanidine, and 1-methyl- provide for the possible transmittal of and kidney. Quantifiable residues of 1- 3-(tetrahydro-3-furylmethyl)-urea, are the residues of dinotefuran and its methyl-3-(tetrahydro-3-furylmethyl)- proposed for potato chips at 0.1 ppm metabolites, 1-methyl-3-(tetrahydro-3- urea were found in the 1X dosage level, and for potato granules at 0.15 ppm. furylmethyl)guanidine, and 1-methyl-3- with 1-methyl-3-(tetrahydro-3- For fruiting vegetables (crop group 8) (tetrahydro-3-furylmethyl)-urea, in furylmethyl)-urea residues up to 0.02 residue trials were conducted for the cattle and other livestock, tolerances are ppm in whole milk and 1-methyl-3- three representative commodities, proposed for combined residues of (tetrahydro-3-furylmethyl)-urea residues tomatoes, bell pepper, and non-bell dinotefuran, 1-methyl-3-(tetrahydro-3- of 0.011 to 0.012 in muscle, liver, and pepper. The proposed tolerance for furylmethyl)guanidine, and 1-methyl-3- kidney. The 1-methyl-3-(tetrahydro-3- combined residues of dinotefuran, 1- (tetrahydro-3-furylmethyl)-urea, in milk furylmethyl)-urea residues increased methyl-3-(tetrahydro-3- at 0.05 ppm, in meat (from cattle, goats, proportional to dosage with the 10X furylmethyl)guanidine, and 1-methyl-3- hogs, horses, and sheep) at 0.05 ppm level having 1-methyl-3-(tetrahydro-3- (tetrahydro-3-furylmethyl)-urea, in or on and in meat byproducts, including fat, furylmethyl)-urea residues of up to 0.24 fruiting vegetables is 0.7 ppm. The liver, and kidney, (from cattle, goats, ppm in milk, 0.13 ppm in muscle, 0.07 maximum combined residue for the hogs, horses, and sheep) at 0.05 ppm. ppm in fat, 0.12 ppm in liver, and 0.18 representative fruiting vegetables was These proposed tolerances are based on ppm in kidney. In the cow feeding study 0.58 ppm on peppers. The HAFT result the results of a cow feeding study where at the 1X dosage level comprising for combined residues on tomatoes was dairy cows received dosages of combined residues of dinotefuran, 1- 0.20 ppm. Three studies for processing combined residues of dinotefuran and methyl-3-(tetrahydro-3- tomatoes into tomato puree and tomato its metabolites and 1-methyl-3- furylmethyl)guanidine, and 1-methyl-3- paste were performed with tomatoes (tetrahydro-3-furylmethyl)-urea, (tetrahydro-3-furylmethyl)-urea of 5 that were treated at exaggerated representing 5ppm (1X), 15 ppm (3X), ppm of diet, the total combined residues application rates. The average and 50 ppm (10X) in the daily diet. The for milk, muscle, fat, liver, and kidney concentration factors determined in dosages contained dinotefuran, 1- were each less than 0.05 ppm. Since the these studies were 1.8 for processing methyl-3-(tetrahydro-3- maximum theoretical combined
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residues from the proposed uses of Necropsy revealed pale brown weeks in rats. Daily inhalation exposure dinotefuran on cotton and potatoes discoloration of liver and gray/white of rats for 6 hours/day for 4 weeks did would be 1.9 ppm, for dairy and beef plaques in the stomach at 125 and 300 not elicit toxicologically significant cattle, the proposed tolerances in milk, mg/kg. The no adverse effect level effects at any exposure concentration up meat, and meat byproducts, would be (NOAEL) values in maternal rats and to and including the highest technically sufficient to provide for potential rabbits were 300 and 52 mg/kg/day, achievable concentration (2.08 mg/L) transmittal of residues from livestock respectively. The NOAEL values in rats with a low mass median aerodynamic diets containing residues of dinotefuran and rabbits for embryonic development diameter) (MMAD≤±GSM of 2.03 and its metabolites. and teratogenicity were the highest dose µm±3.60. Dinotefuran was well tolerated The maximum theoretical poultry levels administered, 1,000 and 300 mg/ and there were no treatment-related dietary burden from feeding cotton kg/day, respectively. In a 2-generation effects on clinical condition, commodities containing residues of study, parental animals of both sexes hematology, and clinical chemistry dinotefuran and its metabolites at the and both generations showed reduced profiles, organ weights, macroscopic, proposed tolerance levels was body weight gain and food consumption and microscopic pathology. Dermal calculated to be 0.09 ppm. Since the at the highest dose level evaluated application for 4 weeks at dose levels up TRR in meat and eggs from hens fed 10 (10,000 ppm), but there was no effect of to 1,000 mg/kg/day did not elicit any ppm of radiolabeled dinotefuran in the treatment at any dose level in either local or systemic effects on any of the poultry metabolism study was less than generation on reproductive performance parameters examined. Therefore, no 0.05 ppm it can be concluded that there indicators. There were no treatment- target organs were identified in the rat is no reasonable expectation of related effects at any dose level on the either by dermal or inhalation exposure. transmittal of finite residues of histopathological appearance of the 5. Neurotoxicity. Dinotefuran did not dinotefuran and its metabolites to meat reproductive organs of either sex. produce any functional or and eggs, for poultry fed cotton Similarly, there were no effects at any histomorphological evidence of commodities treated with dinotefuran. dose level in either generation on neurotoxicity in acute (gavage) and 13– Therefore no tolerances are proposed for quantitative ovarian histopathology or week (dietary) neurotoxicity studies in combined residues of dinotefuran and on sperm counts, motility and rats. The NOAEL for neurotoxicity in its metabolites in poultry or eggs. morphology. Reduced spleen weight in the acute study was 1,500 mg/kg, the highest dose level administered. The B. Toxicological Profile probit dose extrapolation model (P) generation animals and reduced thyroid NOAEL for neurotoxicity in the 13– 1. Acute toxicity. Dinotefuran has low weight in F1 generation parental week dietary study was 50,000 ppm acute oral, dermal, and inhalation females were apparent at 10,000 ppm. (3,413/3,806 mg/kg/day for males and toxicity. The oral lethal dose (LD)50 in females). The NOAEL for all effects in rats is 2,450 mg/kg, the dermal LD is F1 pup behavioral and sexual 50 development was unaffected by this study was 5,000 ppm (327/400 mg/ >2,000 mg/kg and the inhalation 4-hour kg/day for males and females) based on > treatment at all dose levels but pup lethal concentration (LC)50 is 4.09 reduced body weight gain and food milligrams/Liter (mg/L) air. Dinotefuran weight gain during lactation was reduced at 10,000 ppm in both consumption. is not a skin sensitizer in guinea pigs, 6. Chronic toxicity. Chronic toxicity generations. Furthermore, the spleen but is slightly irritating to the skin and studies with dinotefuran have been weight of F1 generation progeny was eyes of rabbits. End-use formulations of conducted in rats, mice, and dogs. In reduced at 10,000 ppm. Based on dinotefuran have similar low acute common with the subchronic studies in reduced weight gain and food toxicity profiles. these species, no specific target organs 2. Genotoxicity. Dinotefuran and its consumption in parental animals at could be identified. In the 52-week dog metabolites do not induce gene 10,000 ppm and reduced pre-weaning study, a NOAEL of 559/512 mg/kg/day mutations in bacterial and mammalian weight gain in the offspring, the NOAEL for males/females was established based cells, chromosome aberrations in value for parental animals and offspring on decreased weight gain in both sexes mammalian cells or deoxyribonucleic is 241 mg/kg. and decreased food consumption in acid (DNA) damage in bacterial cells in 4. Subchronic toxicity. Dinotefuran females. In the 78-week mouse study, a in vitro test systems. Similarly, it does was evaluated in a 13-week oral (diet) NOAEL of 345/441 mg/kg/day for not exhibit a clastogenic effect in vivo in toxicity studies in rats, mice, and dogs. males/females was established, based on the mouse micronucleus test. Therefore, No specific target organs were identified decreased weight gain and a decrease in there is no evidence to suggest a in any species. In the rat study, a circulating platelet counts. In the 104- genotoxic hazard at any of the three NOAEL of 500 ppm (34/38 mg/kg/day week rat study, a NOAEL of 991/127 main levels of genetic organization. for males and females) was established, mg/kg/day for males/females was 3. Reproductive and developmental based on minimal growth retardation in established. This was based on a toxicity. In rat and rabbit developmental females and adrenal cortical vacuolation decrease in weight gain in females. toxicity studies with dinotefuran, there in males. A NOAEL was established at 7. Carcinogenicity. The carcinogenic was no evidence of teratogenicity or 5,000 ppm (336/384 mg/kg/day for potential of dinotefuran has been other embryotoxic effects at the highest males/females) based on marked growth evaluated in rats and mice. Survival dose levels, although maternal toxicity retardation at 25,000 ppm (adrenal incidences in the oncogenicity studies was evident. There were no treatment- cortical vacuolation not adverse). In the were unaffected by treatment at all dose related effects on litter parameters at mouse study, a NOAEL of 25,000 ppm levels. There were no treatment-related any dose level in either species. In rats, (4,442/5,414 mg/kg/day for males/ effects on the nature and incidence of 1,000 mg/kg produced decreased food females) was established based on neoplastic and adverse non-neoplastic consumption, body weight gain, and growth retardation at 50,000 ppm. In the histomorphological findings in either increased water intake. In rabbits, 300 dog study, a NOAEL of 8,000 ppm (307/ species at any dose level. Therefore, the mg/kg produced hypoactivity, prone 323 mg/kg/day in males/females) was NOAEL values for all effects, 991/127 position, panting, flushing of the nose established based on growth retardation. mg/kg/day (male/female rats) and 345/ and ears, tremors, reduced weight gain, Dinotefuran was also evaluated for 441 mg/kg/day (male/female mice) are food consumption, and water intake. dermal and inhalation toxicity for 4 based on reduced weight gain, and also
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on reduced numbers of platelets in C. Aggregate Exposure toddlers. Additionally, toddlers can be mice. 1. Dietary exposure. Chronic dietary exposed through the post-application 8. Animal metabolism. In the rat, exposure assessments were conducted incidental ingestion route via hand-to- dinotefuran is rapidly and almost using a Tier I approach. This Tier I mouth behavior. Based on the label completely absorbed from the assessment incorporated tolerance level instructions and typical use patterns of gastrointestinal tract into the general residues and 100% crop-treated in the these product types, only short-term and circulation, and is widely distributed EXP estimated dietary intake trends intermediate-term exposure scenarios throughout the tissues and fluids of the evaluation system (EXPediteTM system, should be considered for dinotefuran body. Elimination is rapid, Version 4.1). EXPediteTM utilized the products. However, since there are no predominantly by urinary excretion and food consumption data derived from the toxicological endpoints attributable to a almost complete within 7 days of 1994–1996 U.S. Department of single or possible multiple exposures in administration. There is no evidence for Agriculture (USDA) Continuing Surveys a very short duration, as in a short-term tissue accumulation. Dinotefuran is of Food Intake by Individuals (CSFII) scenario, only the intermediate-term rapidly transferred to maternal milk and with the 1998 supplemental children’s exposure scenario has been evaluated widely distributed into fetal tissues but survey. The resulting exposures were for this document. rapidly eliminated from them. More Dermal exposures for applicator and compared to a RfD of 1.27 mg/kg/day, than 90% of orally and intravenously post-application activities were not which was based on the female NOAEL administered dinotefuran is eliminated assessed because the very high dermal of 127 mg/kg/day from the 104-week rat as unchanged parent molecule, which is NOAEL (>1,000 mg/kg/day) for study and a 100–fold uncertainty factor. also the major radioactive component in dinotefuran indicates that dermal Chronic dietary exposure estimates for plasma, milk, bile, and most tissues. exposures are not of concern. Short-term the overall U.S. population and 25 The major route of metabolism is an oral (e.g., incidental ingestion) population subgroups are well below initial enzymatic hydroxylation of the exposures for toddlers, as mentioned tetrahydrofuran ring to form isomers of the chronic RfD. Results of these above, were not assessed because there 6-hydroxy-5-(2-hydroxyethyl)-1-methyl- analyses are summarized below. are no toxicological endpoints 1,3-diazinane-2-ylidine-N-nitroamine, attributable to a single exposure or TABLE 1.—CHRONIC DIETARY RISK followed by further oxidation, reduction TM multiple exposures during a very short- and acetylation of 6-hydroxy-5-(2- (DEEM ) ANALYSIS OF DINOTEFURAN term time frame in the dinotefuran hydroxyethyl)-1-methyl-1,3-diazinane- toxicology data base. Since the oral Population Mg/Kg Bwt/ 2-ylidine-N-nitroamine, to produce Subgroup Day %RfD endpoint is used to calculate inhalation possible isomers of 1-methyl-2-nitro-3- risks, short-term inhalation exposures (2-oxotetrahydro-3- U.S. population 0.004109 0.32% for toddlers and adults were also not furylmethyl)guanidine, 1-[4-hydroxy-2- evaluated since there is no toxicological (hydroxymethyl)butyl]-3-methyl-2- All infants (<1– 0.002815 0.22% endpoint attributable to a short-term nitroguanidine, 6-hydroxy-5-(2- year old) endpoint. Intermediate-term inhalation hydroxyethyl)-1-methyl-1, 3-diazinane- Non-nursing 0.003438 0.27% exposures for applicator and post- 2-ylidene-N-nitroamine acetyl conjugate infants application activities also were not and 3-hydroxymethyl-4- (3-methyl-2- assessed because the very high nitroguanidine) butyric acid. Several Children (1 to 0.007247 0.57% inhalation NOAEL (>7,000 mg/kg/day) minor pathways of metabolism of 6) for dinotefuran indicates that inhalation dinotefuran were identified in animals. exposures are not of concern. Therefore, The absorption, distribution, Children (7 to 0.004348 0.34% only intermediate-term oral (incidental metabolism and elimination of 12) ingestion) exposures for toddlers were dinotefuran is unaffected by sex and Females (13 to 0.003350 0.26% assessed. These exposures were treatment regimen. In hens and goats, 50) assessed for each individual dinotefuran the metabolite profile was similar as in product, as well as for the aggregation plant metabolism. Males 13+ 0.003173 0.25% of all products. In the aggregate 9. Metabolite toxicology. The years assessment, it was assumed that the metabolism profile for dinotefuran toddlers would be exposed to residues supports the use of an analytical There are no acute toxicity concerns resulting from the agricultural uses enforcement method that accounts for with dinotefuran as there is no (chronic dietary), all within 1-day. parent dinotefuran, and 1-methyl-3- toxicological endpoint attributable to a These non-dietary assessments were (tetrahydro-3-furymethyl)guanidine and single exposure in the dinotefuran conducted using equations and default 1-methyl-3-(tetrahydro-3-furymethyl)- toxicology data base, including the rat parameters from EPA’s Residential urea. Other metabolites are considered and rabbit developmental studies. Standard Operation Procedures (SOPs) of equal or lesser toxicity than parent Therefore, only chronic dietary (EPA, 1997 and 2001) and maximum compound. exposures have been assessed. application rates. Although these 10. Endocrine disruption. Dinotefuran 2. Non-dietary exposure. Mitsui also exposures are based on the does not belong to a class of chemicals requests registrations for the use of intermediate-term time frame, the known or suspected of having adverse dinotefuran on cats, turf, ornamentals, residue on the day of application was effects on the endocrine system. There indoor foggers, and ready to use sprays. used in the SOP equations in order to is no evidence that dinotefuran has any Mitsui has considered potential non- maintain an extra level of conservatism. effect on endocrine function in dietary and aggregate (non-dietary + This assumption implies that the developmental or reproduction studies. dietary) exposures to adults, adult toddlers are exposed to residue levels, Furthermore, histological investigation females, and toddlers (1 to 3 years of which are equivalent to levels resulting of endocrine organs in chronic dog, rat, age) for these uses. on the day of application, every day and mouse studies did not indicate that Applicator and post-application over an intermediate-term time frame. the endocrine system is targeted by exposures can result from dermal and The resulting oral and aggregate dinotefuran. inhalation routes for both adults and exposures were compared to the NOAEL
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of 307 mg/kg/day observed in the 13- toddlers (1 to 3 years of age) are reasonable certainty of no harm week dog study. These risk estimates summarized below. From the results associated with the aggregate (dietary + (margin of exposures (MOE)) for below, Mitsui concludes there is non-dietary) exposure to dinotefuran.
TABLE 2.—INTERMEDIATE-TERM AGGREGATE MOES
Exposure Routes Dietary RTU Spray Fogger Turf Cat Aggregate
Toddlers (1 to 3 years old)
Dietary 184,163 NA NA NA NA 184,163
Incidental Ingestion NA 23,356 11,431 80,050 1,850 1,410
Total 1,410
3. Drinking water exposure. EPA uses conservative model estimates of a assessments) using FQPA Index the drinking water level of comparison pesticides concentration in water. Reservoir Screening Tool (FIRST). An estimate of the drinking water (DWLOC) as a theoretical upper limit on To calculate the DWLOC for chronic environmental concentration (DWEC) in a pesticide’s concentration in drinking aggregate exposure relative to a chronic water when considering total aggregate ground water and surface water for dinotefuran has been made for this toxicity endpoint, the chronic dietary exposure to a pesticide in food, drinking TM notice of filing. The DWEC of food exposure from EXPedite , as water, and residential uses. DWLOCs addressed above, was subtracted from are not regulatory standards for drinking dinotefuran in ground water was estimated to be 0.94 part per billion the reference dose (RfD) to obtain the water; however, EPA uses DWLOCs in (ppb) using screening concentration in acceptable chronic exposure to the risk assessment process as a ground water (SCI–GROW) (the dinotefuran in drinking water. surrogate measure of potential exposure screening model for ground water), and DWLOCs, as presented below, were then from drinking water. In the absence of the DWEC for surface water was calculated using default body weights monitoring data for pesticides, it is used estimated to be 6.24 ppb (for chronic and drinking water consumption as a point of comparison against and intermediate-term aggregate figures.
TABLE 3.—CHRONIC AGGREGATE DRINKING WATER ASSESSMENT
Maximum Water Population Subgroup Dietary Mg/Kg Exposure Mg/Kg Kg Bwt SCI–GROW FIRST (ppb) DWLOC (ppb) Bwt/Day Bwt/Day (ppb)
U.S. population 0.004109 1.265891 70 0.94 6.24 44,306
All infants (<1–year old) 0.002815 1.267185 10 0.94 6.24 12,672
Non-nursing infants 0.003438 1.266562 10 0.94 6.24 12,666
Children (1 to 6) 0.007247 1.262753 20 0.94 6.24 25,255
Children (7 to 12) 0.004348 1.265652 40 0.94 6.24 50,626
Females (13 to 50) 0.003350 1.266650 60 0.94 6.24 38,000
Males (13+ years) 0.003173 1.266827 70 0.94 6.24 44,339 Chronic RfD used in assessments - 1.27 mg/kg bwt/day
The estimated average concentration with reasonable certainty that residues exposures were subtracted from the of dinotefuran in surface water is 6.24 of dinotefuran in food and drinking NOAEL, divided by the target MOE ppb. This value is less than the lowest water will not result in unacceptable (100), to obtain the acceptable DWLOC for dinotefuran as a levels of human health risk. intermediate-term exposure to contribution to chronic aggregate To calculate the DWLOC for the dinotefuran in drinking water. exposure (12,666 ppb for non-nursing intermediate-term aggregate exposure DWLOCs, as presented below, were then infants, the most highly exposed relative to a sub-chronic toxicity calculated using default body weights population group for the chronic endpoint, the chronic dietary food and drinking water consumption TM scenario). Therefore, taking into account exposure from EXPedite plus the figures. the proposed uses, it can be concluded intermediate-term non-dietary
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TABLE 4.—INTERMEDIATE-TERM AGGREGATE DRINKING WATER ASSESSMENT
Aggregate Ex- Maximum Population Subgroup NOAEL/MOE Mg/ posure Mg/ Water Exposure SCI–GROW FIRST (ppb) DWLOC (ppb) Kg/Day Kg/Day mg/kg/day (ppb)
Toddlers (1 to 3)1 0.307 0.217 2.852 0.94 6.24 42,785 1 Assume 70kg bodyweight
The estimated average concentration case of dinotefuran, the toxicology data ACTION: Notice. of dinotefuran in surface water is 6.24 base is complete. There is no indication ppb. This value is less than the DWLOC of increased sensitivity in the data base SUMMARY: This notice announces the for dinotefuran as a contribution to overall, and specifically, there is no initial filing of a pesticide petition intermediate-term aggregate exposure indication of increased sensitivity in the proposing the establishment of (42,785 ppb). Therefore, taking into developmental and multi-generation regulations for residues of a certain account the proposed uses, it can be reproductive toxicity studies. Therefore, pesticide chemical in or on various food concluded with reasonable certainty Mitsui concludes that there is no need commodities. that residues of dinotefuran in for an additional safety factor; the RfD DATES: Comments, identified by docket residential environments and in food of 1.27 mg/kg/day and sub-chronic ID number OPP–2003–0226, must be and drinking water will not result in NOAEL of 307 mg/kg/day are protective received on or before August 1, 2003. unacceptable levels of human health of infants and children. ADDRESSES: Comments may be risk. Using the chronic exposure submitted electronically, by mail, or assumptions and the proposed RfD D. Cumulative Effects through hand delivery/courier. Follow described above, the dietary exposure to the detailed instructions as provided in The potential for cumulative effects of dinotefuran for infants and children (1 Unit I. of the SUPPLEMENTARY dinotefuran and other substances that to 6 years) was calculated to be 0.57% INFORMATION. have a common mechanism of toxicity of the reference dose of 1.27 mg/kg bwt/ has also been considered. Dinotefuran day. The resulting DWLOC for non- FOR FURTHER INFORMATION CONTACT: belongs to a pesticide chemical class nursing infants, 12,666 ppb, is much Kathryn Boyle, Registration Division known as the neonicotinoids and greater than the estimated average (7505C), Office of Pesticide Programs, subclass nitroguanadines. There is no concentration of dinotefuran in surface Environmental Protection Agency, 1200 reliable information to indicate that water, 6.24 ppb. Pennsylvania Ave., NW., Washington, toxic effects produced by dinotefuran Using the intermediate-term exposure DC 20460–0001; telephone number: would be cumulative with those of any assumptions and the proposed NOAEL (703) 305–6304; e-mail address: other chemical including another described above, the intermediate-term [email protected]. pesticide. Therefore, Mitsui believes it aggregate exposure to dinotefuran for SUPPLEMENTARY INFORMATION: is appropriate to consider only the the toddlers (1 to 3 years) resulted in an potential risks of dinotefuran in an MOE of 1,410. The resulting DWLOC, I. General Information aggregate risk assessment. 42,785 ppb, is much greater than the A. Does this Action Apply to Me? estimated average concentration of E. Safety Determinations dinotefuran in surface water, 6.24 ppb. You may be potentially affected by 1. U.S. population. Using the chronic Therefore, taking into account the this action if you are an agricultural exposure assumptions and the proposed proposed uses, it can be concluded with producer, food manufacturer, or RfD described above, the dietary reasonable certainty that residues of pesticide manufacturer. Potentially exposure to dinotefuran for the U.S. dinotefuran in residential environments affected entities may include, but are population (48 states, all seasons) was and in food and drinking water will not not limited to: • calculated to be 0.32% of the RfD of result in unacceptable levels of human Crop production (NAICS code 111) • 1.27 mg/kg/day. The resulting DWLOC, health risk. Animal production (NAICS code 44,306 ppb, is much greater than the 112) estimated average concentration of F. International Tolerances • Food manufacturing (NAICS code dinotefuran in surface water, 6.24 ppb. No codex maximum residue levels 311) Therefore, taking into account the have been established for residues of • Pesticide manufacturing (NAICS proposed uses, it can be concluded with dinotefuran on any crops at this time. code 32532) reasonable certainty that residues of [FR Doc. 03–16737 Filed 7–1–03; 8:45 am] This listing is not intended to be dinotefuran in residential environments exhaustive, but rather provides a guide BILLING CODE 6560–50–S and in food and drinking water will not for readers regarding entities likely to be result in unacceptable levels of human affected by this action. Other types of health risk. ENVIRONMENTAL PROTECTION entities not listed in this unit could also 2. Infants and children. FFDCA AGENCY be affected. The North American section 407 provides that EPA shall Industrial Classification System apply an additional safety factor for [OPP–2003–0226; FRL–7315–2] (NAICS) codes have been provided to infants and children to account for Copper Hydroxide; Notice of Filing of assist you and others in determining prenatal and postnatal toxicity and the a Pesticide Petition to Establish a whether this action might apply to completeness of the data base. Only Tolerance for a Certain Pesticide certain entities. If you have any when there is no indication of increased Chemical in or on Food questions regarding the applicability of sensitivity of infants and children and this action to a particular entity, consult when the data base is complete, may the AGENCY: Environmental Protection the person listed under FOR FURTHER extra safety factor be removed. In the Agency (EPA). INFORMATION CONTACT.
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B. How Can I Get Copies of this Although not all docket materials may or CD ROM you submit, and in any Document and Other Related be available electronically, you may still cover letter accompanying the disk or Information? access any of the publicly available CD ROM. This ensures that you can be 1. Docket. EPA has established an docket materials through the docket identified as the submitter of the official public docket for this action facility identified in Unit I.B. EPA comment and allows EPA to contact you under docket identification (ID) number intends to work towards providing in case EPA cannot read your comment OPP–2003–0226. The official public electronic access to all of the publicly due to technical difficulties or needs docket consists of the documents available docket materials through further information on the substance of specifically referenced in this action, EPA’s electronic public docket. your comment. EPA’s policy is that EPA For public commenters, it is any public comments received, and will not edit your comment, and any important to note that EPA’s policy is other information related to this action. identifying or contact information that public comments, whether Although a part of the official docket, provided in the body of a comment will submitted electronically or in paper, the public docket does not include be included as part of the comment that will be made available for public is placed in the official public docket, Confidential Business Information (CBI) viewing in EPA’s electronic public or other information whose disclosure is and made available in EPA’s electronic docket as EPA receives them and public docket. If EPA cannot read your restricted by statute. The official public without change, unless the comment docket is the collection of materials that comment due to technical difficulties contains copyrighted material, CBI, or and cannot contact you for clarification, is available for public viewing at the other information whose disclosure is Public Information and Records EPA may not be able to consider your restricted by statute. When EPA comment. Integrity Branch (PIRIB), Rm. 119, identifies a comment containing Crystal Mall #2, 1921 Jefferson Davis i. EPA Dockets. Your use of EPA’s copyrighted material, EPA will provide electronic public docket to submit Hwy., Arlington, VA. This docket a reference to that material in the facility is open from 8:30 a.m. to 4 p.m., comments to EPA electronically is version of the comment that is placed in EPA’s preferred method for receiving Monday through Friday, excluding legal EPA’s electronic public docket. The holidays. The docket telephone number comments. Go directly to EPA Dockets entire printed comment, including the at http://www.epa.gov/edocket, and is (703) 305–5805. copyrighted material, will be available 2. Electronic access. You may access follow the online instructions for in the public docket. submitting comments. Once in the this Federal Register document Public comments submitted on system, select ‘‘search,’’ and then key in electronically through the EPA Internet computer disks that are mailed or docket ID number OPP–2003–0226. The under the ‘‘Federal Register’’ listings at delivered to the docket will be system is an ‘‘anonymous access’’ http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public system, which means EPA will not An electronic version of the public docket. Public comments that are know your identity, e-mail address, or docket is available through EPA’s mailed or delivered to the docket will be other contact information unless you electronic public docket and comment scanned and placed in EPA’s electronic provide it in the body of your comment. system, EPA Dockets. You may use EPA public docket. Where practical, physical Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the ii. E-mail. Comments may be sent by to submit or view public comments, photograph will be placed in EPA’s e-mail to [email protected], access the index listing of the contents electronic public docket along with a Attention: Docket ID Number OPP– of the official public docket, and to brief description written by the docket 2003–0226. In contrast to EPA’s access those documents in the public staff. electronic public docket, EPA’s e-mail docket that are available electronically. system is not an ‘‘anonymous access’’ Although not all docket materials may C. How and to Whom do I Submit system. If you send an e-mail comment be available electronically, you may still Comments? directly to the docket without going access any of the publicly available You may submit comments through EPA’s electronic public docket, docket materials through the docket electronically, by mail, or through hand EPA’s e-mail system automatically facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper captures your e-mail address. E-mail the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate addresses that are automatically the appropriate docket ID number. docket ID number in the subject line on captured by EPA’s e-mail system are Certain types of information will not the first page of your comment. Please included as part of the comment that is be placed in the EPA Dockets. ensure that your comments are placed in the official public docket, and Information claimed as CBI and other submitted within the specified comment made available in EPA’s electronic information whose disclosure is period. Comments received after the public docket. restricted by statute, which is not close of the comment period will be iii. Disk or CD ROM. You may submit included in the official public docket, marked ‘‘late.’’ EPA is not required to comments on a disk or CD ROM that will not be available for public viewing consider these late comments. If you you mail to the mailing address in EPA’s electronic public docket. EPA’s wish to submit CBI or information that identified in Unit I.C.2. These electronic policy is that copyrighted material will is otherwise protected by statute, please submissions will be accepted in not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do WordPerfect or ASCII file format. Avoid docket but will be available only in not use EPA Dockets or e-mail to submit the use of special characters and any printed, paper form in the official public CBI or information protected by statute. form of encryption. docket. To the extent feasible, publicly 1. Electronically. If you submit an 2. By mail. Send your comments to: available docket materials will be made electronic comment as prescribed in this Public Information and Records available in EPA’s electronic public unit, EPA recommends that you include Integrity Branch (PIRIB) (7502C), Office docket. When a document is selected your name, mailing address, and an e- of Pesticide Programs (OPP), from the index list in EPA Dockets, the mail address or other contact Environmental Protection Agency, 1200 system will identify whether the information in the body of your Pennsylvania Ave., NW., Washington, document is available for viewing in comment. Also include this contact DC 20460–0001, Attention: Docket ID EPA’s electronic public docket. information on the outside of any disk Number OPP–2003–0226.
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3. By hand delivery or courier. Deliver assigned to this action in the subject submitted data at this time or whether your comments to: Public Information line on the first page of your response. the data support granting of the petition. and Records Integrity Branch (PIRIB), You may also provide the name, date, Additional data may be needed before Office of Pesticide Programs (OPP), and Federal Register citation. EPA rules on the petition. Environmental Protection Agency, Rm. II. What Action is the Agency Taking? A. Residue Chemistry 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: EPA has received a pesticide petition 1. Plant metabolism. Copper Docket ID Number OPP–2003–0226. as follows proposing the establishment hydroxide is exempt from the Such deliveries are only accepted and/or amendment of regulations for requirement of a tolerance (40 CFR during the docket’s normal hours of residues of a certain pesticide chemical 180.1021(b)) for use as a broad-spectrum operation as identified in Unit I.B.1. in or on various food commodities foliar fungicide on growing crops. It is under section 408 of the Federal Food, used at application rates greater than an D. How Should I Submit CBI to the Drug, and Cosmetic Act (FFDCA), 21 order of magnitude higher than the Agency? U.S.C. 346a. EPA has determined that proposed use as a formulation inert. As Do not submit information that you this petition contains data or such, the metabolism and magnitude of consider to be CBI electronically information regarding the elements set the residue is well understood at through EPA’s electronic public docket forth in FFDCA section 408(d)(2); application rates much higher than in or by e-mail. You may claim however, EPA has not fully evaluated the current petition. information that you submit to EPA as the sufficiency of the submitted data at 2. Analytical method. Copper ions are CBI by marking any part or all of that this time or whether the data support released from copper hydroxide by information as CBI (if you submit CBI granting of the petition. Additional data solubilization in the presence of on disk or CD ROM, mark the outside may be needed before EPA rules on the moisture. A method for copper is listed of the disk or CD ROM as CBI and then petition. in the January 2002 Pesticide Analytical identify electronically within the disk or List of Subjects Volume II. CD ROM the specific information that is Environmental protection, 3. Magnitude of residues. Copper CBI). Information so marked will not be hydroxide is exempt from the disclosed except in accordance with Agricultural commodities, Feed additives, Food additives, Pesticides requirement of a tolerance (CFR procedures set forth in 40 CFR part 2. 180.1021(b)) for use as a broad-spectrum In addition to one complete version of and pests, Reporting and recordkeeping requirements. foliar fungicide on growing crops. It is the comment that includes any used as a fungicide at application rates information claimed as CBI, a copy of Dated: June 23, 2003. greater than an order of magnitude the comment that does not contain the Debra Edwards, higher than the proposed use as a information claimed as CBI must be Director, Registration Division, Office of formulation inert. As such, the submitted for inclusion in the public Pesticide Programs. metabolism and magnitude of the docket and EPA’s electronic public Summary of Petition residue is well understood at docket. If you submit the copy that does application rates much higher than in not contain CBI on disk or CD ROM, The petitioner’s summary of the the current petition. Copper is naturally mark the outside of the disk or CD ROM pesticide petition is printed below as found at significant levels in many clearly that it does not contain CBI. required by FFDCA section 408(d)(3). different types of foods. Information not marked as CBI will be The summary of the petition was included in the public docket and EPA’s prepared by the petitioner and B. Toxicological Profile electronic public docket without prior represents the view of the petitioner. Copper hydroxide is a versatile and notice. If you have any questions about The summary may have been edited by safe material which is used almost CBI or the procedures for claiming CBI, EPA if the terminology used was everywhere where copper is needed in please consult the person listed under unclear, the summary contained chemistry. Copper hydroxide is used FOR FURTHER INFORMATION CONTACT. extraneous material, or the summary directly in the planting and ceramics E. What Should I Consider as I Prepare unintentionally made the reader industry, and in agriculture as a My Comments for EPA? conclude that the findings reflected fungicide and bactericide. It is widely EPA’s position and not the position of used as a manufacturing intermediate in You may find the following the petitioner. suggestions helpful for preparing your numerous applications, for example to comments: Syngenta Crop Protection make copper compounds, for the production of pigments containing 1. Explain your views as clearly as PP 2E6471 possible. copper, in the manufacture of copper 2. Describe any assumptions that you EPA has received a pesticide petition fibers, in galvanizing, metallurgy, used. (PP 2E6471) from Syngenta Crop pyrotechnics, and electronics, to name 3. Provide copies of any technical Protection, P.O. Box 18300, Greensboro, just a few applications. Copper ions are information and/or data you used that North Carolina, 27419–8300 proposing, released from copper hydroxide by support your views. pursuant to section 408(d) of the solubilization in the presence of 4. If you estimate potential burden or FFDCA, 21 U.S.C. 346a(d), to amend 40 moisture. Copper is ubiquitous in nature costs, explain how you arrived at the CFR part 180 to establish an exemption and is a necessary nutritional element estimate that you provide. from the requirement of a tolerance for for both animals (including humans), 5. Provide specific examples to copper (II) hydroxide in or on raw and plants. Copper is found naturally in illustrate your concerns. agricultural commodities. EPA has the food we eat, in soils, in the water we 6. Make sure to submit your determined that the petition contains drink, in the air we breathe and in our comments by the deadline in this data or information regarding the bodies. It is one of 26 elements found notice. elements set forth in section 408(d)(2) of essential to life. The copper ion is 7. To ensure proper receipt by EPA, the FFDCA; however, EPA has not fully present in the adult human body at be sure to identify the docket ID number evaluated the sufficiency of the levels of 70–150 milligrams (mg).
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Due to its being used in small mg/day (25–30 year old males). Use of of up to 3 mg/day for adults. percentages in the proposed copper hydroxide as an inert at rates at Accordingly, there is reasonable formulations, oral ingestion of an order of magnitude lower than certainty that no harm will result from quantifiable amounts of copper will not current pesticide rates will not result in aggregate exposure of the U.S. result from use of copper hydroxide as any quantifiable increase in exposure to population to copper. The use of copper an inert. Copper compounds are copper from dietary sources. hydroxide as an inert in pesticide irritating to the gastric mucosa. i. Food. The main source of copper for formulations will not result in any Ingestion of large amounts of copper infants, children, and adults, regardless measurable increase in exposure to results in prompt emesis. This of age, is the diet. Copper is typically copper. protective reflex reduces the amount of present in mineral rich foods like 2. Infants and children. Copper is also copper ion available for absorption into vegetables (potato, legumes (beans and a component of the diet of infants and the human body. Additionally, at high peas)), nuts (peanuts and pecans), grains children and also an essential element levels humans are also sensitive to the (wheat and rye), fruits (peach and of their diet. The use of copper taste of copper. Because of this raisins), and chocolate in levels ranging hydroxide as an inert in pesticide organoleptic property, oral ingestion from 0.3 to 3.9 parts per million (ppm). formulations will not result in any would also serve to limit high doses. A single day’s diet may contain 10 mg measurable increase in exposure of Only a small percentage of ingested or more of copper. The daily infants and children to copper. copper is absorbed, and most of the recommended allowance of copper for absorbed copper is excreted. The copper adults nutritional needs is 2 mg. F. International Tolerances ion occurs naturally in many foods and ii. Drinking water. Copper is a natural There does not appear to be any the metabolism of copper is well element found in the earth’s crust. As a international tolerances for copper or understood. There are several factors result, most of the world’s surface water copper hydroxide, and no CODEX unique to copper which indicate that and ground water that is used for maximum residue levels has been additional studies are not needed to drinking purposes contains copper. established for any food crops at this regulate copper hydroxide as an inert in Naturally occurring copper in drinking time. pesticide formulations. One of the water is safe for human consumption, [FR Doc. 03–16738 Filed 7–1–03; 8:45 am] foremost of these is the fact that copper even in rare instances where it is at BILLING CODE 6560–50–S is a required nutritional element for levels high enough to impart a metallic both plants and animals. It appears that taste to the water. The Agency has set more evidence is available to define the a maximum contaminant level for ENVIRONMENTAL PROTECTION adverse effects of a deficiency in the copper at 1.3 ppm. Use of copper AGENCY hydroxide as an inert at rates at an order diet than to show the toxic effects of an [FRL–7521–6] excess intake. In fact, no account has of magnitude lower than current been found in the literature reviewed pesticide rates will not result in any Public Water Supply Supervision which describes a toxic effect to normal quantifiable increase in exposure to Program Revision for the humans from ingestion of common copper from drinking water. Commonwealth of Puerto Rico foodstuffs containing copper. Because 2. Non-dietary exposure. Copper is a copper toxicity to man through the diet naturally occurring element present in AGENCY: Environmental Protection has been shown in normal persons, little the earth’s crust, and it is therefore Agency. is known about the minimum levels of naturally occurring in soil, water and ACTION: Notice of tentative approval and dietary copper necessary to cause air. Soils would be considered copper solicitation of request for a public evidence of adverse effects. This deficient if they contain less than 2 ppm hearing for Public Water Supply situation is likely due, to an effective available copper in the context of plant Supervision Program Revision for the homoeostatic mechanism that is health. Air concentrations of copper are Commonwealth of Puerto Rico involved in the dietary intake of copper relatively low. A study based on several and that protects man from excess body thousand samples assembled by EPA’s SUMMARY: Notice is hereby given that copper. This complex mechanism Environmental Monitoring Systems the Environmental Protection Agency integrates absorption, retention, and Laboratory showed copper levels (EPA) has determined to approve an excretion to stabilize the copper body ranging from 0.003 to 7.32 micrograms application by the Commonwealth of burden. Given that copper is ubiquitous per cubic meter. Use of copper Puerto Rico to revise its Public Water and is routinely consumed as part of the hydroxide as an inert at rates at an order Supply Supervision Primacy Program to daily diet, it is unlikely that with of magnitude lower than current incorporate regulations no less stringent current exposure patterns there would pesticide rates will not result in than the EPA’s National Primary be any long-term adverse effects. The quantifiable increase in exposure to Drinking Water Regulations (NPDWR) hydroxide ion is also ubiquitous in copper from non-dietary sources. for the following: Lead and Copper Rule plants, animals including humans, and Technical Correction; Final Rule, the environment. The use of copper D. Cumulative Effects promulgated by EPA on June 30, 1994 hydroxide as an inert will not result in Exposure to copper occurs over a (59 FR 33860), Synthetic Organic any increased burden on the lifetime from numerous sources and Chemicals and Inorganic Chemicals; environment or living organisms. does not result in any known toxicity. Final Rule, promulgated by EPA on July Use of copper hydroxide as an inert will 1, 1994 (59 FR 34320), Analytical C. Aggregate Exposure not result in quantifiable increase in Methods Technical Corrections; Final 1. Dietary exposure. Twelve Food and cumulative exposure to copper. Rule, promulgated by EPA on December Drug Administration (FDA) total diet 5, 1994 (59 FR 62456), Analytical studies, conducted from mid 1982– E. Safety Determination Methods Technical Corrections; Final 1984, examined dietary intake of copper 1. U.S. population. Copper is an Rule, promulgated by EPA on June 29, for age groups 14–16, 25–30, and 60–65 essential trace element for which the 1995 (60 FR 34083), Analytical Methods years. The copper intake ranged from National Academy of Sciences has for Radionuclides Technical 0.77 (14–16 year old females) to 1.24 issued a recommended daily allowance Corrections, promulgated by EPA on
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March 5, 1997 (62 FR 10168), Revisions a public hearing is received or (2) the 300g–2, and 40 CFR 142.10, 142.12(d) and to State Primacy Requirements to Regional Administrator elects to hold a 142.13) Implement Safe Drinking Water Act public hearing on her own motion. Any William J. Muszynski, Amendments; Final Rule (Primacy interested person, other than Federal Acting Regional Administrator, Region 2. Revisions), promulgated by EPA on Agencies, may request a public hearing. [FR Doc. 03–16735 Filed 7–1–03; 8:45 am] April 28, 1998 (63 FR 23362), Revision A request for a public hearing must be BILLING CODE 6560–50–P of Existing Variance and Exemption submitted to the Regional Administrator Regulations To Comply With at the address shown below by August Requirements of the Safe Drinking 1, 2003. If a substantial request for a FEDERAL COMMUNICATIONS Water Act; Final Rule, promulgated by public hearing is made within the COMMISSION EPA on August 14, 1998 (63 FR 43834), requested thirty day time frame, a Consumer Confidence Reports; Final public hearing will be held and a notice Public Information Collection(s) Rule, promulgated by EPA on August will be given in the Federal Register Requirement Submitted to OMB for 19, 1998 (63 FR 44512), along with 3 and a newspaper of general circulation. Emergency Review and Approval separate Technical Corrections to the Frivolous or insubstantial requests for a June 25, 2003. Consumer Confidence Reports, hearing may be denied by the Regional promulgated as follows: December 16, SUMMARY: The Federal Communications Administrator. If no timely and 1998 (63 FR 69475 and 63 FR 69516), Commission, as part of its continuing appropriate request for a hearing is June 29, 1999 (64 FR 34732) and effort to reduce paperwork burden received and the Regional Administrator September 14, 1999 (64 FR 49671); Final invites the general public and other Rule, Suspension of Unregulated does not elect to hold a hearing on her Federal agencies to take this Contaminant Monitoring Requirements own motion, this determination shall opportunity to comment on the for Small Public Water Systems, become final and effective August 1, following information collection(s), as promulgated by EPA January 8, 1999 (64 2003. required by the Paperwork Reduction FR 1494), the Disinfectants and Any request for a public hearing shall Act of 1995, Public Law 104–13. An Disinfection Byproducts; Final Rule, include the following information: (1) agency may not conduct or sponsor a and Interim Enhanced Surface Water Name, address and telephone number of collection of information unless it Treatment; Final Rule, both the individual organization or other displays a currently valid control promulgated December 16, 1998 (63 FR entity requesting a hearing; (2) a brief number. No person shall be subject to 69390 and 63 FR 69478, respectively), statement of the requesting person’s any penalty for failing to comply with and the Analytical Methods for interest in the Regional Administrator’s a collection of information subject to the Chemical and Microbiological determination and a brief statement on Paperwork Reduction Act (PRA) that Contaminants and Revisions to information that the requesting person does not display a valid control number. Laboratory Certification Requirements; intends to submit at such hearing; (3) Comments are requested concerning (a) Final Rule, promulgated by EPA the signature of the individual making whether the proposed collection of information is necessary for the proper December 1, 1999 (64 FR 67450). the request or, if the request is made on performance of the functions of the Effective March 6, 2000, the Puerto Rico behalf of an organization or other entity, Commission, including whether the Department of Health (PRDOH) the signature of a responsible official of information shall have practical utility; promulgated the General Regulation of the organization or other entity. Environmental Health (Regulation (b) the accuracy of the Commission’s #6090) giving the Secretary of PRDOH ADDRESSES: Requests for Public Hearing burden estimate; (c) ways to enhance broad discretion to enact and/or adopt shall be addressed to: the quality, utility, and clarity of the regulations deemed necessary to protect Regional Administrator, U.S. information collected; and (d) ways to minimize the burden of the collection of the Commonwealth’s drinking water. Environmental Protection Agency, information on the respondents, Regulation #6090 also allowed for Region 2, 290 Broadway, New York, including the use of automated incorporation by reference of federally New York 10007–1866. promulgated regulations. The revised collection techniques or other forms of regulation has been submitted by the All documents relating to this information technology. Commonwealth in an application to determination are available for DATES: Written comments should be revise its approved Public Water Supply inspection between the hours of 9 a.m. submitted on or before August 1, 2003. Supervision Primacy Program (approved and 4:30 p.m. Monday through Friday, If you anticipate that you will be primacy program). The application at the following offices: Puerto Rico submitting comments, but find it demonstrates that Puerto Rico has Department of Health, Public Water difficult to do so within the period of adopted drinking water regulations Supply Supervision Program, 9th Floor, time allowed by this notice, you should which satisfy the NPDWRs for the Suite 903, Nacional Plaza Building, 431 advise the contacts listed below as soon above. The USEPA has determined that Ponce De Leon Avenue, Hato Rey, as possible. Puerto Rico’s regulations are no less Puerto Rico, 00917. ADDRESSES: Direct all comments to Kim stringent than the corresponding U.S. Environmental Protection A. Johnson, Office of Management and Federal Regulations and that Puerto Agency, Region 2, 24th Floor, Drinking Budget, Room 10236 NEOB, Rico continues to meet all requirements Water Section, 290 Broadway, New Washington, DC 20503, (202) 395–3562 for primary enforcement responsibility York, New York 10007–1866. or via Internet at as specified in 40 CFR 142.10. [email protected], and Les FOR FURTHER INFORMATION CONTACT: DATES: This determination to approve Smith, Federal Communications the Commonwealth’s primacy program Michael J. Lowy, Drinking Water Commission, Room 1–A804, 445 12th revision application is made pursuant to Section, U.S. Environmental Protection Street, SW., Washington, DC 20554 or 40 CFR 142.12(d)(3). It shall become Agency, Region 2, (212) 637–3830. via Internet to [email protected]. final and effective August 1, 2003 unless Authority: (Section 1413 of the Safe FOR FURTHER INFORMATION CONTACT: For (1) a timely and appropriate request for Drinking Water Act, as amended, 40 U.S.C. additional information or copies of the
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information collections contact Les FEDERAL COMMUNICATIONS statutory and regulatory prerequisites Smith at 202–418–0217 or via Internet COMMISSION for ETC designation. at [email protected]. The petitioner must provide copies of [CC Docket No. 96–45; DA 03–1959] its petition to the Virginia Commission. SUPPLEMENTARY INFORMATION: The The Commission will also send a copy Commission has requested emergency NPCR, Inc. d/b/a Nextel Partners of this Public Notice to the Virginia OMB review of this collection with an Petition for Designation as an Eligible Commission by overnight express mail approval by June 30, 2003. Telecommunications Carrier in Certain to ensure that the Virginia Commission OMB Control Number: 3060–0787. Rural and Non-Rural Service Areas in is notified of the notice and comment Type of Review: Revision of a the State of Virginia period. Pursuant to §§ 1.415 and 1.419 of the currently approved collection. AGENCY: Federal Communications Commission’s rules, 47 CFR 1.415, Title: Implementation of the Commission. 1.419, interested parties may file Subscriber Carrier Selection Changes ACTION: Notice; solicitation of comments as follows: Comments are Provisions of the Telecommunications comments. due on or before July 14, 2003, and Act of 1996, Policies and Rules reply comments are due on or before Concerning Unauthorized Changes of SUMMARY: In this document, the July 21, 2003. Comments may be filed Consumers’ Long Distance Carriers, CC Wireline Competition Bureau seeks using the Commission’s Electronic Docket No. 94–129, FCC 03–42. comment on the NPCR, Inc. d/b/a/ Comment Filing System (ECFS) or by Nextel Partners (Nextel Partners) Form Number: N/A. filing paper copies. See Electronic Filing petition. Nextel Partners is seeking of Documents in Rulemaking Respondents: Business or other for- designation as an eligible Proceedings, 63 FR 24121, May 1, 1998. profit entities; Individuals or telecommunications carrier (ETC) to Comments filed through the ECFS can households; State, local, or tribal receive federal universal service support be sent as an electronic file via the government. for service offered in those portions of Internet to http://www.fcc.gov/e-file/ Number of Respondents: 35,035. Nextel Partners’ licensed service area ecfs.html. Generally, only one copy of located in rural and non-rural areas in Estimated Time per Response: 1 to 10 an electronic submission must be filed. Virginia. hours. If multiple docket or rulemaking DATES: Comments are due on or before numbers appear in the caption of this Frequency of Response: July 14, 2003. Reply comments are due proceeding, however, comments must Recordkeeping; on occasion and on or before July 21, 2003. transmit one electronic copy of the biennial reporting requirements; third ADDRESSES: comments to each docket or rulemaking party disclosure. Federal Communications Commission, 445 Twelfth Street, SW., number referenced in the caption. In Total Annual Burden: 145,869 hours. Washington, DC 20554. See completing the transmittal screen, Total Annual Cost: $51,187,500. SUPPLEMENTARY INFORMATION for further commenters should include their full filing instructions. name, U.S. Postal Service mailing Needs and Uses: On March 17, 2003, address, and the applicable docket or FOR FURTHER INFORMATION CONTACT: the FCC released the Third Order on rulemaking number. Parties may also Reconsideration and Second Further Andy Firth, Attorney, Wireline submit an electronic comment by Notice of Proposed Rulemaking, CC Competition Bureau, Internet e-mail. To get filing instructions Docket No. 94–129, FCC 03–42 (Third Telecommunications Access Policy for e-mail comments, commenters Order on Reconsideration), in which the Division (202) 418–2694, TTY (202) should send an e-mail to [email protected], Commission revised and clarified 418–0484. and should include the following words certain rules to implement Section 258 SUPPLEMENTARY INFORMATION: This is a in the body of the message, ‘‘get form of the 1996 Act. On May 23, 2003, the summary of the Commission’s Public your
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before entering the building. FOR FURTHER INFORMATION CONTACT: Gail Primary Issues in Dispute Commercial overnight mail (other than Cohen, Senior Economist, Wireline 4. Checklist Item 2—Unbundled U.S. Postal Service Express Mail and Competition Bureau, at (202) 418–0939 Network Elements. Section 251(c)(3) Priority Mail) must be sent to 9300 East or via the Internet at [email protected]. requires incumbent LECs to provide Hampton Drive, Capitol Heights, MD The complete text of this Memorandum ‘‘nondiscriminatory access to network 20743. U.S. Postal Service first-class Opinion and Order is available for elements on an unbundled basis at any mail, Express Mail, and Priority Mail inspection and copying during normal technically feasible point on rates, should be addressed to 445 12th Street, business hours in the FCC Reference terms, and conditions that are just, SW., Washington, DC 20554. All filings Information Center, Portals II, 445 12th reasonable, and nondiscriminatory.’’ must be sent to the Commission’s Street, SW., Room CY–A257, Based on the evidence in the record, we Secretary, Marlene H. Dortch, Office of Washington, DC 20554. Further conclude that Qwest has satisfied the the Secretary, Federal Communications information may also be obtained by requirements of checklist item 2. Commission, 445 12th Street, SW., calling the Wireline Competition 5. Operations Support Systems. The Washington, DC 20554. Bureau’s TTY number: (202) 418–0484. Commission concludes that Qwest Parties also must send three paper SUPPLEMENTARY INFORMATION: This is a meets its obligation to provide access to copies of their filing to Sheryl Todd, summary of the Commission’s its OSS—the systems, databases, and Telecommunications Access Policy Memorandum Opinion and Order in personnel necessary to support the Division, Wireline Competition Bureau, WC Docket No. 03–90, FCC 03–142, network elements or services. Federal Communications Commission, adopted June 25, 2003 and released June Nondiscriminatory access to OSS 445 12th Street SW., Room 5–B540, 26, 2003. The full text of this order may ensures that new entrants have the Washington, DC 20554. In addition, be purchased from the Commission’s ability to order service for their commenters must send diskette copies duplicating contractor, Qualex customers and communicate effectively to the Commission’s copy contractor, International, Portals II, 445 12th Street, with Qwest regarding basic activities Qualex International, Portals II, 445 SW., Room CY–B402, Washington, DC such as placing orders and providing 12th Street, SW., Room CY–B402, 20554, telephone 202–863–2893, maintenance and repair services for Washington, DC 20054. facsimile 202–863–2898, or via e-mail customers. The Commission finds that Pursuant to § 1.1206 of the [email protected]. It is also available Qwest provides access to each of the Commission’s rules, 47 CFR 1.1206, this on the Commission’s website at http:// primary OSS functions (pre-ordering, proceeding will be conducted as a www.fcc.gov/Bureaus/ ordering, provisioning, maintenance permit-but-disclose proceeding in Wireline_Competition /in- and repair, and billing, as well as which ex parte communications are region_applications. change management and technical permitted subject to disclosure. Synopsis of the Order assistance), in order for competitive Federal Communications Commission. LECs to compete and in accordance Paul Garnett, 1. History of the Application. On with the Act. In particular, although the Acting Assistant Division Chief, Wireline March 28, 2003, Qwest filed an Minnesota Commission could not reach Competition Bureau, Telecommunications application with the Commission, consensus on this checklist item due to Access Policy Division. pursuant to section 271 of the billing issues related to UNE-Star, the [FR Doc. 03–16628 Filed 7–01–03; 8:45 am] Telecommunications Act of 1996, to Commission concludes that Qwest does BILLING CODE 6712—01—M provide in-region, interLATA service in provide non-discriminatory access to the state of Minnesota. billing functions in accordance with the 2. The State Commission’s Act. FEDERAL COMMUNICATIONS Evaluation. The Minnesota Public 6. UNE Combinations. Pursuant to COMMISSION Utilities Commission (Minnesota section 271(c)(2)(B)(ii) a BOC must also Commission), following an extensive provide nondiscriminatory access to [WC Docket No. 03–90; FCC 03–142] review process, determined that Qwest network elements in a manner that satisfied 12 of the 14 checklist items, allows other carriers to combine such Application by Qwest Communications but did not reach a collective elements, and demonstrate that it does International, Inc. for Authorization To determination with respect to checklist not separate already combined Provide In-Region, InterLATA Services items 2 and 14, pertaining to unbundled elements, except at the specific request in Minnesota network elements (UNEs) and resale, of a competing carrier. Based on the respectively, and public interest issues. evidence in the record, and upon AGENCY: Federal Communications 3. The Department of Justice’s Qwest’s legal obligations under Commission. Evaluation. The Department of Justice interconnection agreements, Qwest ACTION: Notice. filed its evaluation on May 2, 2003, demonstrates that it provides to recommending approval of the competitors combinations of already- SUMMARY: In the document, the Federal application, although deferring to the combined network elements as well as Communications Commission Commission’s prior decision regarding nondiscriminatory access to unbundled (Commission) grants the section 271 the relevance of unfiled interconnection network elements in a manner that application of Qwest Communications agreements on the section 271 process. allows competing carriers to combine International, Inc. for authorization to The Department of Justice concludes those elements themselves. provide in-region, interLATA services opportunities are available to competing 7. Pricing of Unbundled Network in Minnesota. The Commission grants carriers serving business and residential Elements. The Commission finds, as did Qwest’s application based on its customers, and although only a small the Minnesota Commission, that conclusion that Qwest has satisfied all portion of residential customers are Qwest’s UNE rates in Minnesota are of the statutory requirements for entry, served via the UNE-Platform, the just, reasonable, and nondiscriminatory and fully opened its local exchange Department of Justice does not believe as required by section 252(d)(1). Thus, markets to competition. there are any material obstacles to such Qwest’s UNE rates in Minnesota satisfy DATES: Effective July 7, 2003. entry. checklist item 2.
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Other Checklist Items. Other Statutory Requirements within 10 days of the date this notice 8. Checklist Item 1—Interconnection. 12. Section 272 Compliance. Qwest appears in the Federal Register. Based on the evidence in the record, the provides evidence that it maintains the Agreement No.: 011803–002. Commission finds that Qwest same structural separation and Title: Maersk Sealand/Evergreen Slot demonstrates that it provides access and nondiscrimination safeguards in Exchange Agreement. interconnection on terms and Parties: A.P. Moller-Maersk A/S, Evergreen Minnesota as it does in the other twelve Marine Corporation, Ltd. conditions that are just, reasonable and states where Qwest has already received Synopsis: The amendment re-allocates the nondiscriminatory, in accordance with section 271 authority. Based on the parties’ space commitments. the requirements of section 251(c)(2), record before us, the Commission Agreement No.: 011854–001. and as specified in section 271, and concludes that Qwest has demonstrated Title: GreenSea Joint Service Agreement. applied in the Commission’s prior that it will comply with the Parties: Green Chartering AS, Seatrade orders. requirements of section 272. Group N.V. 9. Checklist Item 4—Unbundled Local 13. Public Interest Analysis. The Synopsis: The subject agreement Loops. The Commission concludes that Commission concludes that approval of modification would expand the geographic Qwest provides unbundled local loops this application is consistent with the scope to include the westbound trade from in accordance with the requirements of ports in Continental Europe to ports on the public interest. From its extensive East and Gulf Coasts of the United States. section 271 and our rules. The review of the competitive checklist, Commission’s conclusion is based on its Agreement No.: 011857. which embodies the critical elements of Title: Crowley Liner Services and Frontier review of Qwest’s performance for all market entry under the Act, the Liner Services, Inc. Slot Charter and Sailing loop types—which include voice grade Commission finds that barriers to Agreement. loops, xDSL-capable loops, and high competitive entry in the local exchange Parties: Crowley Liner Services, Frontier capacity loops—as well as hot cut markets have been removed and the Liner Services, Inc. provisioning and our review of Qwest’s local exchange markets in Minnesota are Synopsis: The agreement establishes a slot processes for line sharing and line open to competition. charter and sailing arrangement in the trade splitting. As of December 31, 2002, 14. Section 271(d)(6) Enforcement between ports on the U.S. Atlantic Coast and competitors have acquired from Qwest ports in the Dominican Republic. Expedited Authority. The Commission also finds Review is Requested. and placed into use approximately that the performance monitoring and 106,827 stand-alone unbundled loops in Agreement No.: 200616–003. enforcement mechanisms developed in Title: Port of Miami Terminal Operating Minnesota. Minnesota along with other factors, Company Marine Terminal Agreement. 10. Checklist Item 14—Resale. Section provide meaningful assurance that Parties: P&O Ports North America, Inc., 271(c)(2)(B)(xiv) of the Act requires that Qwest will continue to satisfy the P&O Ports Florida Inc., Florida Stevedoring, a BOC make ‘‘telecommunications requirements of section 271 after Inc., Continental Stevedoring & Terminals, services * * * available for resale in entering the long distance market. Inc. accordance with the requirements of 15. Section 271(d)(6) Enforcement Synopsis: The agreement amendment section 251(c)(4) and section 252(d)(3).’’ Authority. The Commission concludes reflects the addition and deletion of members. Based on the evidence in the record, we that, working with the State conclude that Qwest satisfies the Commission, we will closely monitor By Order of the Federal Maritime requirements of this checklist item. Qwest’s post-approval compliance to Commission. Qwest has demonstrated that it has ensure that Qwest continues to meet the Dated: June 26, 2003. satisfied its legal obligation to make conditions required for section 271 Bryant L. VanBrakle, retail telecommunications services approval. It stands ready to exercise its Secretary. available for resale to competitive LECs various statutory enforcement powers [FR Doc. 03–16630 Filed 7–1–03; 8:45 am] at wholesale rates. Although the quickly and decisively if there is BILLING CODE 6730–01–P Minnesota Commission did not reach evidence that market-opening consensus on this checklist item, the conditions have not been sustained. Commission concludes that Qwest does Federal Communications Commission. FEDERAL MARITIME COMMISSION provide nondiscriminatory access to [Docket No. 03–07] this checklist item. Marlene H. Dortch, Secretary. 11. Checklist Items 3, 5–13. An FSL International, Inc., and Hiu-Leung [FR Doc. 03–16707 Filed 7–1–03; 8:45 am] applicant under section 271 must Yeung, and Full Service Logistics, Inc., demonstrate that it complies with item BILLING CODE 6712–01–P and Mei Fung Tsang—Possible 3 (poles, ducts, and conduits), item 5 Violations of Sections 10(a)(1), (unbundled transport) item 6 10(b)(2), 10(b)(11) and Sections 19(a) (unbundled local switching), item 7 FEDERAL MARITIME COMMISSION and (b) of the Shipping Act of 1984 and (E911/operator services/directory 46 CFR Part 515; Order of Investigation assistance), item 8 (white pages), item 9 Notice of Agreement(s) Filed and Hearing (numbering administration), item 10 (data bases and signaling), item 11 The Commission hereby gives notice June 26, 2003. (number portability), item 12 (local of the filing of the following Notice is given that on June 26, 2003, dialing parity), and item 13 (reciprocal agreement(s) under the Shipping Act of the Federal Maritime Commission compensation). Based on the evidence 1984. Interested parties can review or served an Order of Investigation and in the record, and in accordance with obtain copies of agreements at the Hearing on FSL International, Inc. (‘‘FSL Commission rules and orders Washington, DC offices of the International’’), Hiu-Leung Yeung, Full concerning compliance with section 271 Commission, 800 North Capitol Street, Service Logistics, Inc. (‘‘Full Service of the Act, the Commission concludes NW., Room 940. Interested parties may Logistics’’), and Mei Fung Tsang. From that Qwest demonstrates that it is in submit comments on an agreement to May 1, 1999 through February 18, 2003, compliance with checklist items 3, 5, 6, the Secretary, Federal Maritime FSL International, a California 7, 8, 9, 10, 11, 12, and 13 in Minnesota. Commission, Washington, DC 20573, corporation, was a tariffed and bonded
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ocean transportation intermediary and John Yeung provided OTI services Reason: Failed to maintain valid bonds. (‘‘OTI’’) licensed as a non-vessel- after revocation of its license, in License Number: 4240F. operating common carrier (‘‘NVOCC’’). violation of section 19(a) and (b) of the Name: Elite Freight Forwarders Inc. The president of FSL International is 1984 Act and 46 CFR part 515; (4) Address: 9 Ridgewood Avenue, Glen Hiu-Leung ‘‘John’’ Yeung. Full Service whether Full Service Logistics and Mei Ridge, NJ 07208. Logistics, a California corporation, was Fung Tsang provided OTI services to Date Revoked: June 12, 2003. granted an OTI (NVOCC) license on FSL International after revocation of the Reason: Failed to maintain a valid bond. February 20, 2003. The CEO of Full latter’s OTI license, in violation of License Number: 16844N. Service Logistics is Mei Fung ‘‘Ten’’ section 10(b)(11) of the 1984 Act and 46 Name: Estes Express Lines, Inc. Tsang. CFR part 515; (5) whether, in the event Address: 3901 West Broad Street, It appears that, on and after July 4, violation of sections 10(a)(1), 10(b)(2), Richmond, VA 23230–3962. 2001, FSL International knowingly and 10(b)(11) and 19(a), (b) of the 1984 Act Date Revoked: January 7, 2003. willfully obtained transportation of and CFR part 515 are found, civil Reason: Surrendered license voluntarily. property at less than the applicable rates penalties should be assessed and, if so, License Number: 13692N. and charges set forth in service contracts the amount; (6) whether the tariff of Full Name: Gallagher Transport International, published by Mitsui OSK Lines and Service Logistics should be suspended; Inc. Hyundai Merchant Marine Co. With (7) whether the OTI license of Full Address: P.O. Box 39005, Denver, CO respect to numerous shipments for Service Logistics should be suspended 80239. which FSL International issued its own or revoked, and (8) whether, in the Date Revoked: May 30, 2003. NVOCC bill of lading, it appears that event violations are found, an Reason: Surrendered license voluntarily. FSL International provided service at appropriate cease and desist order License Number: 3817F. rates and charges other than those set should be issued. Name: Intracon Incorporated. forth in its published tariff. After The full text of the Order may be Address: 811 Banyan Drive, Elk Grove receiving a Notice and Demand Letter viewed on the Commission’s Home page Village, IL 60007. from the Commission for civil penalties at: http//www.fmc.gov or at the Office of Date Revoked: June 17, 2003. stemming from its alleged violations, the Secretary, Room 1046, 800 N. Reason: Failed to maintain a valid bond. FSL International’s principal John Capitol Street, NW., Washington, DC. License Number: 17927N. Yeung proposed, as an alterative, to Any person may file a petition for leave Name: J C Freight, Inc. dba JC Trans discontinue business operation no later to intervene in accordance with 46 CFR Freight. than February 9, 2003, and to surrender 502.72. Address: 1293 Johnson Drive, City of the OTI license for revocation. The Industry, CA 91744. license of FSL International was Bryant L. VanBrakle, Date Revoked: June 7, 2003. revoked on February 19, 2003. On or Secretary. Reason: Failed to maintain a valid bond. about April 23, 2003, the Commission’s [FR Doc. 03–16629 Filed 7–1–03; 8:45 am] License Number: 2889F. Los Angeles Area Representative BILLING CODE 6730–01–P Name: Jorge M. Hernandez dba Atlantic determined that FSL International Cargo Services. continued to conduct business. It Address: 4995 NW. 72nd Avenue, Suite appears that FSL International FEDERAL MARITIME COMMISSION 205, Miami, FL 33166 continued to serve as a shipper with Date Revoked: May 29, 2003. Ocean Transportation Intermediary respect to numerous export shipments Reason: Surrendered license voluntarily. License; Revocations while operating from the offices and License Number: 1274F. utilizing the personnel and resources of The Federal Maritime Commission Name: Marante Forwarding Co., Inc. Full Service Logistics. It appears that hereby gives notice that the following Address: 4182 W 6th Avenue, Hialeah, FL Full Service Logistics may have Ocean Transportation Intermediary 33012–3814. facilitated access by FSL International to licenses have been revoked pursuant to Date Revoked: June 4, 2003. its service contracts. It also appears that, section 19 of the Shipping Act of 1984 Reason: Failed to maintain a valid bond. Full Service Logistics may have known (46 U.S.C. app. 1718) and the License Number: 3702F. of or permitted John Yeung to hold regulations of the Commission Name: Midas Express, Inc. himself out as an authorized employee pertaining to the licensing of Ocean Address: 950 Linden Avenue, South San or officer of Full Service Logistics and Transportation Intermediaries, effective Francisco, CA 94080. to perform NVOCC services under its on the corresponding date shown below: Date Revoked: May 15, 2003. name and license. Reason: Failed to maintain a valid bond. This proceeding therefore seeks to License Number: 1999F. Name: Air Van Lines, Inc. License Number: 12295N. determine: (1) Whether FSL Address: PO. Box 3447, Bellevue, WA Name: Ocean Concord (U.S.A.), Inc. International and Full Service Logistics 98009. Address: 1111 Corporate Center Drive, and their principals, John Yeung and Date Revoked: April 7, 2003. Suite 204, Monterey Park, CA 91754. Mei Fung Tsang, violated section Reason: Surrendered license voluntarily. Date Revoked: June 4, 2003. 10(a)(l) of the Shipping Act of 1984 License Number: 2492NF. Reason: Failed to maintain a valid bond. (‘‘1984 Act’’) by directly or indirectly Name: Deka Associates, Inc. License Number: 16683F. obtaining transportation at less than the Address: One Clarence Place, Unit 8, San Name: S & R Forwarding, Inc. service contract rates and charges Francisco, CA 94107. Address: 1191 East 51st Street, Brooklyn, otherwise applicable; (2) whether FSL Date Revoked: February 14, 2003. NY 11234. Reason: Failed to maintain valid bonds. International and Full Service Logistic, Date Revoked: June 7, 2003. in their capacity as common carriers, License Number: 4328N and 4328F. Reason: Failed to maintain a valid bond. violated section 10(b)(2) of the 1984 Act Name: Demar Freight Forwarding Services, Inc. License Number: 17236N. by charging, demanding, collecting or Address: 888 North Central, Wood Dale, IL Name: Simpson’s Shipping Enterprise. receiving different compensation than 60191. Address: 166 West First Street, Mount the rates and charges in their NVOCC Date Revoked: June 4, 2003 and April 27, Vernon, NY 10550. tariffs; (3) whether FSL International 2003. Date Revoked: June 14, 2003.
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Reason : Failed to maintain a valid bond. NY 11746, Officers: Prasad Prabhakar Officers: Mamdouh (Moe) S. Mokhtar, Sandra L. Kusumoto, Gokhale, CEO (Qualifying Individual), President, Osana V. Michael, Logistics D. R. Shete, Managing Director. Manager (Qualifying Individuals). Director, Bureau of Consumer Complaints and Licensing. One World Logistics LLC, 381 Blair Ocean Freight Forwarder, Ocean Road, Avenel, NJ 07001, Officers: Transportation Intermediary Applicant: [FR Doc. 03–16631 Filed 7–1–03; 8:45 am] Freddie Amin (Rasik Amin), Import/ Nankai Transport International (USA), BILLING CODE 6730–01–P Export Traffic Manager (Qualifying Inc., 8820 Bellanca Avenue, Los Individual), Jitendra S. Patel, President. Angeles, CA 90045, Officers: FEDERAL MARITIME COMMISSION South Texas Shipping, Inc., 28250 Matsuyoshi Jouchi, Vice President F.M. 2978, Suite 111, Magnolia, TX (Qualifying Individual), Tsuneharu Ocean Transportation Intermediary 77354, Officer: Lynn Patrick Stewart, Tanaka, President/Director. License; Applicants President (Qualifying Individual). Dated: June 26, 2003. WSA International, Inc., 1713 Coral Bryant L. VanBrakle, Notice is hereby given that the Ridge Drive, Coral Springs, FL 33071, following applicants have filed with the Officer: Vanessa Aristud, President Secretary. Federal Maritime Commission an (Qualifying Individual). [FR Doc. 03–16632 Filed 7–1–03; 8:45 am] application for license as a Non-Vessel Non-Vessel Operating Common BILLING CODE 6730–01–P Operating Common Carrier and Ocean Carrier and Ocean Freight Forwarder Freight Forwarder—Ocean Transportation Intermediary FEDERAL MARITIME COMMISSION Transportation Intermediary pursuant to Applicants: section 19 of the Shipping Act of 1984 Global Tassili Transport Services, Inc. Ocean Transportation Intermediary as amended (46 U.S.C. app. 1718 and 46 dba GTTS, 8206 Fairbanks, No. License; Reissuance CFR part 515). Houston, Houston, TX 77064, Officers: Persons knowing of any reason why Beverly S. Sellentin, Vice President Notice is hereby given that the the following applicants should not (Qualifying Individual), Benali following Ocean Transportation receive a license are requested to Belkagemi, President. Intermediary license has been reissued contact the Office of Transportation Corrigan’s Express Freight by the Federal Maritime Commission Intermediaries, Federal Maritime Corporation, 8900 Bellanca Avenue, Los pursuant to section 19 of the Shipping Commission, Washington, DC 20573. Angeles, CA 90045, Officers: Warren L. Act of 1984, as amended by the Ocean Non-Vessel Operating Common Barnes, CEO (Qualifying Individual), Shipping Reform Act of 1998 (46 U.S.C. Carrier Ocean Transportation Julian Keeling, President. app. 1718) and the regulations of the Intermediary Applicants: American Global Marketing Inc. dba Commission pertaining to the licensing Draft Cargoways India Private American Global Corp., 11441⁄2 South of Ocean Transportation Intermediaries, Limited, 274 Marlin Street, Dix Hills, Doheny Drive, Los Angeles, CA 90035, 46 CFR part 515.
License No. Name/address Date reissued
4378F ...... World 2000 Services, Inc., 8233 NW 66th Street, Miami, FL 33166 ...... May 21, 2003.
Sandra L. Kusumoto, indicated for that notice or to the offices FEDERAL RESERVE SYSTEM Director, Bureau of Consumer Complaints of the Board of Governors. Comments and Licensing. must be received not later than July 17, Formations of, Acquisitions by, and [FR Doc. 03–16633 Filed 7–1–03; 8:45 am] 2003. Mergers of Bank Holding Companies BILLING CODE 6730–01–P A. Federal Reserve Bank of San The companies listed in this notice Francisco (Tracy Basinger, Director, have applied to the Board for approval, Regional and Community Bank Group) pursuant to the Bank Holding Company FEDERAL RESERVE SYSTEM 101 Market Street, San Francisco, Act of 1956 (12 U.S.C. 1841 et seq.) Change in Bank Control Notices; California 94105–1579: (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes Acquisition of Shares of Bank or Bank 1. Robert Lee McKean, North Plains, Holding Companies and regulations to become a bank Oregon; to acquire additional voting holding company and/or to acquire the The notificants listed below have shares in Albina Community Bancorp, assets or the ownership of, control of, or applied under the Change in Bank and thereby indirectly acquire Northeast the power to vote shares of a bank or Control Act (12 U.S.C. 1817(j)) and Portland Community Development bank holding company and all of the § 225.41 of the Board’s Regulation Y (12 Trust and Albina Community Bank, all banks and nonbanking companies CFR 225.41) to acquire a bank or bank of Portland, Oregon. owned by the bank holding company, holding company. The factors that are Board of Governors of the Federal Reserve including the companies listed below. considered in acting on the notices are System, June 26, 2003. The applications listed below, as well set forth in paragraph 7 of the Act (12 Robert deV. Frierson, as other related filings required by the U.S.C. 1817(j)(7)). Board, are available for immediate The notices are available for Deputy Secretary of the Board. inspection at the Federal Reserve Bank immediate inspection at the Federal [FR Doc. 03–16651 Filed 7–1–03; 8:45 am] indicated. The application also will be Reserve Bank indicated. The notices BILLING CODE 6210–01–S available for inspection at the offices of also will be available for inspection at the Board of Governors. Interested the office of the Board of Governors. persons may express their views in Interested persons may express their writing on the standards enumerated in views in writing to the Reserve Bank the BHC Act (12 U.S.C. 1842(c)). If the
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proposal also involves the acquisition of 1. Personnel actions (appointments, Washington, DC 20580, (202) 326–2214 a nonbanking company, the review also promotions, assignments, or 326–2749. includes whether the acquisition of the reassignments, and salary actions) SUPPLEMENTARY INFORMATION: Pursuant nonbanking company complies with the involving individual Federal Reserve to section 6(f) of the Federal Trade standards in section 4 of the BHC Act System employees. Commission Act, 38 Stat. 721, 15 U.S.C. (12 U.S.C. 1843). Unless otherwise 2. Any items carried forward from a 46(f), and Section 2.34 of the noted, nonbanking activities will be previously announced meeting. Commission’s Rules of Practice, 16 CFR conducted throughout the United States. FOR MORE INFORMATION PLEASE CONTACT: 2.34, notice is hereby given that the Additional information on all bank Michelle A. Smith, Assistant to the above-captioned consent agreement holding companies may be obtained Board; (202) 452–2955. containing a consent order to cease and from the National Information Center SUPPLEMENTARY INFORMATION: You may desist, having been filed with and website at www.ffiec.gov/nic/. call (202) 452–3206 beginning at accepted, subject to final approval, by Unless otherwise noted, comments approximately 5 p.m. two business days the Commission, has been placed on the regarding each of these applications before the meeting for a recorded public record for a period of thirty (30) must be received at the Reserve Bank announcement of bank and bank days. The following Analysis to Aid indicated or the offices of the Board of holding company applications Public Comment describes the terms of Governors not later than July 28, 2003. scheduled for the meeting; or you may the consent agreement, and the A. Federal Reserve Bank of Chicago contact the Board’s Web site at http:// allegations in the complaint. An (Phillip Jackson, Applications Officer) www.federalreserve.gov for an electronic electronic copy of the full text of the 230 South LaSalle Street, Chicago, announcement that not only lists consent agreement package can be Illinois 60690–1414: applications, but also indicates obtained from the FTC Home Page (for 1. Alpha Financial Group, Inc., procedural and other information about June 25, 2003), on the World Wide Web, Employee Stock Ownership Plan, the meeting. at ‘‘http://www.ftc.gov/os/2003/06/ Toluca, Illinois; to acquire an additional index.htm.’’ A paper copy can be 6.7 percent, for a total of 39.38 percent, Dated: June 27, 2003. obtained from the FTC Public Reference of the voting shares of Alpha Financial Robert deV. Frierson, Room, Room 130–H, 600 Pennsylvania Group, Inc., and thereby indirectly Deputy Secretary of the Board. Avenue, NW., Washington, DC 20580, acquire Alpha Community Bank, both of [FR Doc. 03–16834 Filed 6–30–03; 8:34 am] either in person or by calling (202) 326– Toluca, Illinois. BILLING CODE 6210–01–P 2222. 2. Heartland Financial USA, Inc., Public comments are invited, and may Dubuque, Iowa; to acquire 80 percent of be filed with the Commission in either Arizona Bank & Trust (in organization), FEDERAL TRADE COMMISSION paper or electronic form. Comments Mesa, Arizona. filed in paper form should be directed B. Federal Reserve Bank of San [File No. 021 0174] to: FTC/Office of the Secretary, Room Francisco (Tracy Basinger, Director, 159–H, 600 Pennsylvania Avenue, NW., Regional and Community Bank Group) Nestle´ Holdings, Inc., et al.; Analysis Washington, DC 20580. If a comment 101 Market Street, San Francisco, To Aid Public Comment contains nonpublic information, it must be filed in paper form, and the first page California 94105–1579: AGENCY: Federal Trade Commission. 1. Wells Fargo & Company, San of the document must be clearly labeled ACTION: Proposed consent agreement. Francisco, California; to acquire 100 ‘‘confidential.’’ Comments that do not percent of Pacific Northwest Bancorp, SUMMARY: The consent agreement in this contain any nonpublic information may Seattle, Washington, and thereby matter settles alleged violations of instead be filed in electronic form (in indirectly acquire its wholly-owned Federal law prohibiting unfair or ASCII format, WordPerfect, or Microsoft subsidiary, Pacific Northwest Bank, deceptive acts or practices or unfair Word) as part of or as an attachment to Seattle, Washington. methods of competition. The attached email messages directed to the following email box: [email protected]. Board of Governors of the Federal Reserve Analysis to Aid Public Comment System, June 26, 2003. describes both the allegations in the Such comments will be considered by the Commission and will be available Robert deV. Frierson, draft complaint that accompanies the consent agreement and the terms of the for inspection and copying at its Deputy Secretary of the Board. principal office in accordance with [FR Doc. 03–16652 Filed 7–1–03; 8:45 am] consent order—embodied in the consent agreement—that would settle these Section 4.9(b)(6)(ii) of the Commission’s BILLING CODE 6210–01–S allegations. Rules of Practice, 16 CFR 4.9(b)(6)(ii)). DATES: Comments must be received on Analysis of Proposed Consent Order to FEDERAL RESERVE SYSTEM or before July 25, 2003. Aid Public Comment I. Introduction Sunshine Act; Meetings ADDRESSES: Comments filed in paper form should be directed to: FTC/Office The Federal Trade Commission AGENCY HOLDING THE MEETING: Board of of the Secretary, Room 159–H, 600 (‘‘Commission’’) has accepted for public Governors of the Federal Reserve Pennsylvania Avenue, NW., comment from Nestle´ Holdings, Inc. System. Washington, DC 20580. Comments filed (‘‘Nestle´’’), Dreyer’s Grand Ice Cream in electronic form should be directed to: TIME AND DATE: 11:30 a.m., Monday, July Holdings, Inc., and Dreyer’s Grand Ice [email protected], as 7, 2003. Cream, Inc. (‘‘Dreyer’s’’) (collectively, prescribed in the Supplementary ‘‘Proposed Respondents’’), an PLACE: Marriner S. Eccles Federal Information section. Agreement Containing Consent Order Reserve Board Building, 20th and C FOR FURTHER INFORMATION CONTACT: (‘‘Proposed Consent Agreement’’) Streets, NW., Washington, DC 20551. Michael Cowie or Catharine Moscatelli, including the Decision and Order STATUS: Closed. FTC, Bureau of Competition, 600 (‘‘Proposed Order’’) and the Order to MATTERS TO BE CONSIDERED: Pennsylvania Avenue, NW., Maintain Assets. The Proposed
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Respondents have also reviewed a draft superpremium containing more assets, businesses, and goodwill related complaint. The Commission has now expensive and higher quality inputs. to the manufacture, marketing, or sale of issued the complaint and Proposed Finally, superpremium ice cream is the Dreamery, Godiva and Whole Fruit Order. The Proposed Consent priced significantly higher than brands, and (2) all assets related to Agreement is designed to remedy the premium or economy ice creams. Nestle´’s distribution of frozen dessert likely anticompetitive effects arising Superpremium ice cream manufacturers products. These assets, collectively from the merger of Nestle´ and Dreyer’s. set their prices based on various factors, referred to as the ‘‘assets to be divested,’’ will be divested to II. The Parties and the Transaction including the price of other superpremium ice creams. When CoolBrands International, Inc. Nestle´ S.A., the world’s largest food Dreyer’s expanded into superpremium (‘‘CoolBrands’’) no later than ten (10) company, is headquartered in ice cream in 1999, the price of other days after Nestle´ acquires Dreyer’s. Switzerland. Nestle´ Holdings, Inc., a superpremium ice creams declined. Proposed Respondents are not obligated wholly owned subsidiary of Nestle´ S.A., The complaint alleges that the to divest those Nestle´ distribution assets manufactures, distributes, and sells the relevant geographic market in which that CoolBrands elects not to acquire. Ha¨agen-Dazs brand of superpremium ice there are competitive problems related Proposed Respondents may license back cream, as well as such frozen novelty to the acquisition is the United States. from CoolBrands the rights to use the products as Drumstick, Bon Bons, The superpremium ice cream market is ‘‘Whole Fruit’’ name for fruit bars for a IceScreamers, Dole Fruit Bars, highly concentrated when measured by period not to exceed one (1) year. Butterfinger ice cream bars, and the the Herfindahl-Hirschman Index The Proposed Consent Agreement Nestle´ Crunch Bar. Sales in 2001 of all (commonly referred to as the ‘‘HHI’’).1 requires Proposed Respondents to divest Nestle´ ice cream products totaled The post-acquisition HHI would Nestle´’s distribution assets to approximately $800 million. increase over 1,600 points, from 3,501 to CoolBrands because virtually all Dreyer’s manufactures, distributes, 4,897 and the merging parties would superpremium ice cream currently is and sells the Dreamery brand of have a combined market share of over sold through DSD. This means that the superpremium ice cream, as well as the 55%. distributor physically places the Godiva brand of superpremium ice The complaint further alleges that product on retailers’ shelves, and the cream under a long-term license with entry would not be likely or sufficient retailer does not purchase the product Godiva Chocolatier, Inc., and the to prevent anticompetitive effects in the until after it is actually delivered to the Starbucks brand of superpremium ice United States. It would be very difficult store. cream products under a joint venture for an entrant with a new or unknown Paragraph II.B. provides that if the with Starbucks Corporation. Dreyer’s brand to successfully take a sufficient Commission determines that also manufactures, distributes and sells amount of sales from superpremium ice CoolBrands is not an acceptable such other products as the Dreyer’s cream incumbents to remain profitable. purchaser of the assets to be divested, or brand of premium ice cream in thirteen Furthermore, a superpremium ice cream if the divestiture is not accomplished in western states and Texas, the Edy’s entrant would face great difficulty an acceptable manner, Proposed brand of premium ice cream throughout developing a nationwide Direct Store Respondents shall immediately rescind the remaining regions of the United Delivery (‘‘DSD’’) distribution network the sale of the assets to be divested to States, and the Whole Fruit line of comparable to either of the merging CoolBrands and divest those assets at no sorbet. Dreyer’s total sales in 2001 were parties. minimum price to another purchaser approximately $1.4 billion. As a result The complaint also alleges that that receives the prior approval of the of the transaction, Respondent Dreyer’s Nestle´’s acquisition of Dreyer’s, if Commission within 120 days of the date Grand Ice Cream Holdings, Inc., will be consummated, may substantially lessen the Order becomes final. the parent of Respondent Dreyer’s competition in the relevant line of Paragraph II.C. of the Proposed Consent Agreement requires that, prior Grand Ice Cream, Inc. commerce in the relevant market in ´ to divesting, Proposed Respondents On June 16, 2002, Nestle and Dreyer’s violation of section 7 of the Clayton Act, obtain the consent of Godiva signed an Agreement and Plan of Merger as amended, 15 U.S.C. 45, by ´ Chocolatier, Inc. (‘‘Godiva and Contribution whereby Nestle and eliminating direct competition between Chocolatier’’), to the assignment of the Dreyer’s would combine their ice cream Nestle´ and Dreyer’s; by eliminating license agreement between Godiva businesses. The transaction will Dreyer’s as an important competitive ´ Chocolatier and Dreyer’s for the increase Nestle’s interest in Dreyer’s constraint in the relevant market; by manufacture, distribution and sale of from 23 percent to approximately 67 increasing the likelihood that the ´ Godiva ice cream to the acquirer. percent. At the time Nestle and Dreyer’s combined Nestle´/Dreyer’s will announced the merger, the transaction Paragraph II.D. of the Proposed unilaterally exercise market power; and Consent Agreement requires Proposed was valued at approximately $2.8 by increasing the likelihood of, or billion. Respondents to maintain the viability facilitation of, collusion or coordinated and marketability of the assets to be III. The Complaint interaction in the United States. divested. The proposed respondents are The complaint alleges that the IV. The Terms of the Agreement also required to maintain the assets relevant line of commerce (i.e., the Containing Consent Order pursuant to the Order to Maintain Assets. Paragraph II.E. requires that for product market) in which to analyze the The Proposed Consent Agreement a period not to exceed one (1) year from acquisition is the sale of superpremium will remedy the Commission’s the date that CoolBrands obtains the ice cream to the retail channel. competitive concerns about the assets to be divested, Proposed Superpremium ice cream contains more proposed acquisition. Proposed Consent Respondents will supply CoolBrands butterfat and less air than premium or Agreement Paragraph II.A. requires that with the types and quantities of economy ice creams. Therefore, Proposed Respondents divest: (1) All superpremium ice cream is higher in fat Dreamery, Godiva, and Whole Fruit than the other two segments of ice 1 The HHI is a measurement of market products that CoolBrands requests at a cream. Ice cream also is differentiated concentration calculated by summing the squares of price no greater than Proposed on the quality of ingredients, with the individual market shares of all participants. Respondents’ production costs.
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Paragraph II.F. further provides that at the Proposed Respondents’ obligations developing any new superpremium the request of CoolBrands, Proposed under the Proposed Consent Agreement. brands. Respondents will distribute Dreamery, The Proposed Consent Agreement Paragraph IX. requires the Proposed Godiva, and Whole Fruit for CoolBrands precludes Proposed Respondents from Respondents to file compliance reports for a period not to exceed one (1) year taking any action to interfere with or with the Commission, the first of which in any areas of the U.S. where Dreyer’s impede the Interim Monitor’s ability to is due within thirty (30) days of the date previously distributed these products. perform his or her responsibilities or to on which the Proposed Consent Paragraph II.G. requires Proposed monitor compliance with the Proposed Agreement becomes final, and every Respondents to provide technical Consent Agreement. sixty (60) days thereafter until the assistance to CoolBrands, as needed, for The Interim Monitor may hire such divestitures are completed. Paragraph X. a period not to exceed one (1) year. consultants, accountants, attorneys, and provides for notification to the Paragraph II.H. requires Proposed other assistants as are reasonably Commission in the event of any changes Respondents to provide administrative necessary to carry out the Interim in the corporate Proposed Respondents. services to CoolBrands, as needed, for a Monitor’s duties and responsibilities. Paragraph XI. requires Proposed period not to exceed one (1) year. The Proposed Consent Agreement Respondents to grant access to any Paragraph II.I. requires that, for a requires the Proposed Respondents to authorized Commission representative period not to exceed five (5) years, bear the cost and expense of hiring these for the purpose of determining or Proposed Respondents will supply assistants. securing compliance with the Proposed sufficient volumes of additional ice Paragraph V.A. of the Proposed Consent Agreement. Paragraph XII. cream products (e.g., premium ice Consent Agreement authorizes the terminates the Proposed Consent creams or novelty products) to Commission to appoint a divestiture Agreement after ten (10) years from the CoolBrands to enable CoolBrands to trustee in the event Nestle´ fails to divest date the Proposed Order becomes final. profitably distribute Dreamery, Godiva, the assets as required by the Proposed and Whole Fruit superpremium Consent Agreement. V. Opportunity for Public Comment products. This provision was included Paragraph VI. of the Proposed Consent The Proposed Consent Agreement has in the Proposed Consent Agreement Agreement provides that Proposed ´ been placed on the public record for because Nestle’s DSD system handles Respondents allow, Mars, Incorporated more products than the Dreamery, thirty (30) days for receipt of comments (‘‘Mars’’), to terminate its agreements Godiva, and Whole Fruit superpremium by interested persons. Comments and joint ventures with Dreyer’s. Mars’ products that CoolBrands is acquiring, received during this period will become agreements with Dreyer’s involved and the provision will enable part of the public record. After thirty Dreyer’s manufacturing and distributing CoolBrands to operate profitably for a (30) days, the Commission will again ice cream products for Mars. Mars limited term while CoolBrands attempts review the Proposed Consent Agreement planned to have Dreyer’s manufacture to attract independent distribution and the comments received and will and distribute a new superpremium ice business from unaffiliated third parties. decide whether it should withdraw from Paragraph II.J. requires that Proposed cream for Mars. Mars will now be free the agreement or make the Proposed Respondents modify the joint venture to enter this market on their own or as Consent Agreement final. part of a new joint venture, or other agreement between Dreyer’s and By accepting the Proposed Consent arrangement, with a third party. Starbucks to allow Starbucks to Agreement subject to final approval, the manufacture, distribute, and sell the Paragraph VII. of the Proposed Commission anticipates that the Starbucks brand of ice cream and other Consent Agreement requires Proposed competitive problems alleged in the ice cream products themselves or in Respondents to permit Unilever’s Ben & complaint will be resolved. The purpose collaboration with other third-parties. Jerry’s subsidiary to terminate its of this analysis is to invite public Under the existing joint venture distribution agreement with Dreyer’s by comment on the Proposed Consent agreement between Dreyer’s and December 31, 2003. The existing Agreement, including the proposed sale Starbucks, Dreyer’s is the sole distribution agreement between Dreyer’s of assets to CoolBrands, in order to aid manufacturer, distributor and salesman & Ben & Jerry’s required Ben & Jerry’s the Commission in its determination of for the Starbucks brand of to give Dreyer’s approximately nine (9) whether to make the Proposed Consent superpremium ice cream. months notice prior to terminating Agreement final. This analysis is not Paragraph III limits the ways in which distribution. This provision will reduce intended to constitute an official Proposed Respondents may utilize an the notice period that Ben & Jerry’s must interpretation of the Proposed Consent information it acquires with respect to provide. Agreement nor is it intended to modify CoolBrands. Paragraph VIII. through XII. detail the terms of the Proposed Consent Paragraph IV of the Proposed Consent certain general provisions. Paragraph Agreement in any way. Agreement allows the Commission to VIII. prohibits Proposed Respondents appoint an Interim Monitor to monitor from acquiring, without providing the By direction of the Commission. compliance with the terms of this Commission with prior notice, any Donald S. Clark, Proposed Order. The Proposed Consent ownership or other interest in Secretary. Agreement provides the Monitor Dreamery, Godiva, or Starbucks Concurring Statement of Commissioner Trustee with the power and authority to superpremium ice cream brands or in Sheila F. Anthony Nestle´ S.A./Dreyer’s monitor the Proposed Respondents’ any of the Nestle´ distribution assets that Grand Ice Cream Holdings, Inc./ compliance with the terms of the CoolBrands is acquiring, or other DSD Dreyer’s Grand Ice Cream, Inc. Proposed Consent Agreement, and full distribution assets. These are the assets and complete access to personnel, that Proposed Respondents are The Federal Trade Commission has books, records, documents, and divesting. The provisions regarding voted to accept a proposed consent facilities of the Proposed Respondents prior notice are consistent with the agreement designed to remedy the likely to fulfill that responsibility. In addition, terms used in prior orders. The anticompetitive effects arising from the the Interim Monitor may request any Proposed Consent Agreement does not merger of Nestle´ and Dreyer’s. While I other relevant information that relates to restrict the Proposed Respondents from concur in the Commission’s decision, I
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write separately to highlight several throughout my tenure as Commissioner, option of scaling down its DSD system lingering concerns. the divestiture of a complete, to more closely match available volume As explained in greater detail in the autonomous, ongoing business unit and maintain profitability. Therefore, Analysis to Aid Public Comment, to minimizes the risks of anticompetitive based upon the evidence available to me remedy overlaps in the harm because ‘‘such a remedy requires at this time, I am reasonably comfortable ‘‘superpremium’’ ice cream businesses the Commission and the Bureau to make that things will work out as intended, of Nestle´ and Dreyer’s, the parties will the fewest assumptions and to draw the and that the competitive status quo can be required to divest a package of fewest conclusions about the market be attained. assets—including Dreyer’s Dreamery ice and its participants and about the [FR Doc. 03–16700 Filed 7–1–03; 8:45 am] cream and Whole Fruit sorbet brands, viability and competitiveness of the BILLING CODE 6750–01–P Dreyer’s license to the Godiva brand,1 proposed package of assets.’’ 2 In this and Nestle´’s frozen dessert Direct Store case, it is a foregone conclusion that the Delivery (DSD) distribution network—to ‘‘mix-and-match’’ product and GENERAL ACCOUNTING OFFICE CoolBrands International, Inc. However, distribution assets to be acquired by Nestle´’s DSD system currently handles CoolBrands are not a perfect fit for each Advisory Council on Government more product volume than that other. The proposed consent agreement Auditing Standards; Government represented by the products CoolBrands explicitly recognizes that, absent a Auditing Standards will acquire. Therefore, the proposed short-term commitment of product consent agreement also requires the volume from competitor Nestle´/ AGENCY: General Accounting Office. merged competitors, for a period of five Dreyer’s, CoolBrands would have ACTION: Notice of document availability. years, to supply CoolBrands with insufficient volume to operate the SUMMARY: sufficient volumes of additional ice Nestle´ DSD distribution system David M. Walker, Comptroller General of the United States and head cream products to enable it profitably to profitably. The resulting volume of the U.S. General Accounting Office operate the distribution system. commitments are a more regulatory CoolBrands is a qualified buyer whose form of relief than I ordinarily like to (GAO), on Wednesday, June 25, 2003, management team has significant see, in large part because they announced the release of a new edition of ‘‘Government Auditing Standards’’ experience in the ice cream business. effectively will require the Commission commonly referred to as the Yellow With respect to the acquisition of the to supervise the superpremium ice Book. GAO’s publication of three product brands, CoolBrands has cream marketplace for the next five ‘‘Government Auditing Standards’’ existing manufacturing capacity and years. provides a framework for ensuring the expertise, which should facilitate a Moreover, there is no guarantee that competence, integrity, objectivity, and smooth transition on the manufacturing the CoolBrands DSD distribution system independence of government audits at a side. With respect to the acquisition of will, in fact, be profitable once the time of urgent need for integrity in the Nestle´’s DSD distribution assets, volume commitments terminate. In the auditing profession and for transparency CoolBrands already has some DSD meantime, all of the risk of failure is and accountability in the management assets and business of its own, and borne by CoolBrands and, ultimately, consumers—not by the parties. Five of limited government resources. This appears to understand how to operate a fourth revision since the standards were DSD network. This is particularly years from now, Nestle´/Dreyer’s almost certainly will retain its leading Ha¨agen- first published in 1972 will guide audits important, because DSD is the method of financial and program management currently used to sell virtually all Dazs brand, an excellent DSD distribution system, and plenty of not only in Federal agencies, but also superpremium ice cream in the United State and local governments, and States. In sum, CoolBrands seems well- volume to drive through that system. In contrast, if CoolBrands finds itself nonprofit organizations that receive positioned to make the most of the Federal funds. Bringing the 1994 edition product and distribution assets it will unable to attract additional DSD product volume from third parties, the company up to date after an extensive process of acquire. consultation with auditors and However, the ‘‘mix-and-match’’ may suffer from decreased profitability. stakeholders, the standards incorporate nature of the divestiture package is far Depending upon the strategic choices amendments on computer-based from ideal, especially when compared CoolBrands might be forced to make, information systems, auditor with the assets to be retained by the consumers could be faced with fewer, communication, and auditor combined Nestle´/Dreyer’s. Post-merger, higher-priced superpremium offerings independence. The revision strengthens Nestle´/Dreyer’s will own Nestle´’s on supermarket shelves. Every settlement has elements of audit requirements for identifying fraud, dominant Ha¨agen-Dazs superpremium uncertainty and risk. Our job is to illegal acts, and noncompliance; ice cream brand as well as Dreyer’s determine whether the risk is small redefines the types of audits and superior DSD distribution system. enough to be acceptable. I have voted to services covered; provides consistency CoolBrands, on the other hand, will end accept the proposed settlement based of requirements across types of audits; up with one company’s less-popular upon staff’s extensive investigation of and gives clear guidance to auditors as brands and the other company’s weaker the ice cream industry, as well as they work toward a government that is DSD distribution system. CoolBrands’ track record. CoolBrands efficient, effective, and accountable to As Commission staff recently has appears capable of attracting enough the people. acknowledged, and as I have maintained independent distribution business to fill New standards are applicable for its excess DSD capacity over time. In financial audits and attestation 1 The parties will not be required to divest Dreyer’s license to the Starbucks brand. The addition, CoolBrands always has the engagements of periods ending on or combined Nestle´/Dreyer’s will retain the existing after January 1, 2004, and for Starbucks ice cream business. However, the current 2 Bureau of Competition, Federal Trade performance audits beginning on or joint venture between Dreyer’s and Starbucks will Commission, Statement of the Federal Trade after January 1, 2004. Early applications be modified to make it a non-exclusive joint Commission’s Bureau of Competition on venture, thereby allowing Starbucks (if it so Negotiating Merger Remedies (Apr. 2, 2003), is permissible and encouraged. chooses) to conduct ice cream business apart from available at http://www.ftc.gov/bc/bestpractices/ ‘‘Government Auditing Standards’’ is the joint venture. bestpractices030401.htm. available on the GAO Web site at
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www.gao.gov/govaud/ybk01.htm. the Mexican Federal Government’s plan Paperwork Reduction Act of 1995 for Printed copies will be available from the to develop a new non-commercial port opportunity for public comment on U.S. Government Printing Office. Also of entry at El Chaparral, located directly proposed data collection projects, the posted on the Web site is a list of major south of the decommissioned U.S. Centers for Disease Control and changes from the 1994 edition. Virginia Avenue Commercial Vehicle Prevention (CDC) will publish periodic FOR FURTHER INFORMATION CONTACT: Inspection facility. The San Ysidro summaries of proposed projects. To Marcia Buchanan, Assistant Director, Border Station would need to align request more information on the Government Auditing Standards, 202– with, or connect to, the El Chaparral proposed projects or to obtain a copy of 512–9321. facility. A second local area project the data collection plans and which would affect the development of instruments, call the CDC Reports Jeanette M. Franzel, the proposed project is the San Ysidro Clearance Officer on (404) 498–1210. Director, Financial Management and Intermodal Transportation Center, Comments are invited on: (a) Whether Assurance. which will improve the trolley terminus the proposed collection of information [FR Doc. 03–16716 Filed 7–1–03; 8:45 am] to the east of the existing San Ysidro is necessary for the proper performance BILLING CODE 1610–03–M Border Station. The proposed of the functions of the agency, including transportation center also includes whether the information shall have general hardscape and landscape practical utility; (b) the accuracy of the GENERAL SERVICES improvements, as well as upgrades to agency’s estimate of the burden of the ADMINISTRATION existing parking lots and roadways. This proposed collection of information; (c) development would establish the area ways to enhance the quality, utility, and Notice of Intent To Prepare an east of the existing San Ysidro Border clarity of the information to be Environmental Impact Statement for Station as the main hub for the local collected; and (d) ways to minimize the the San Ysidro Border Station population and any individuals wishing burden of the collection of information Expansion to cross the U.S./Mexico border. on respondents, including through the use of automated collection techniques AGENCIES: General Services Public Involvement or other forms of information Administration (GSA), California The views and comments of the technology. Send comments to Seleda Department of Transportation public are necessary in determining the Perryman, CDC Assistant Reports (CalTrans), and Federal Highway scope and content of the environmental Clearance Officer, 1600 Clifton Road, Administration (FHWA). analysis in connection with the MS–D24, Atlanta, GA 30333. Written ACTION: Notice of intent to prepare an proposed project. A scoping meeting for comments should be received within 60 Environmental Impact Statement (EIS) the proposed project will be held on days of this notice. for the upgrade and expansion of the Wednesday, July 23, 2003 from 3 p.m. Proposed Project: Hemostatic existing San Ysidro Border Station. to 7 p.m. at the San Ysidro Multi- Disorders in Families—New—National Cultural Center, located at 4345 Otay Center for Infectious Diseases (NCID), SUMMARY: The action to be evaluated by Mesa Road in San Ysidro, CA. Interested Centers for Diseases Control and this EIS is the upgrade and expansion of parties may attend to present questions Prevention (CDC). Disorders of the existing San Ysidro Border Station, and concerns that they believe should hemostasis are primarily due to located in San Ysidro, California, to be addressed in the EIS. Release of the alteration in the balance of the normal relieve the substantial increase of traffic Draft EIS for public comment and the hemostatic mechanism, which provides congestion at the southern terminus of public meeting will be announced in the for the appropriate formation and I–5; to implement new mandated border local news media as these dates are breakdown of the clot. Disruption in entry/exit programs, in accordance with established. this balance causes bleeding disorders the legislative requirements of the and thrombotic disorders, both of which FOR FURTHER INFORMATION CONTACT: Illegal Immigration Reform and are multifactorial, resulting from the General Services Administration, Pacific Immigrant Responsibility Act of 1996; to interaction of genetic and Rim Region, Ramo´n D. Riesgo, Border further the reorganization of the Federal environmental risk factors. Disorders Station Program, Desert Service Center, Inspection Services into an agency of that are transmitted in families, such as 401 West ‘‘A’’ Street, Suite 2075, San Homeland Security; and, to maintain hemophilia and protein S deficiency, Diego, CA 92101–8843, (619) 557–5092. control over ever present illegal are due to specific mutations, but many activities at the border. Steve J. Scavo, different mutations are known to cause Alternatives Acting Director, Desert Service Center. each disease. Since different mutations [FR Doc. 03–16784 Filed 7–1–03; 8:45 am] may cause variation in severity and Four build alternatives for the BILLING CODE 6620–27–M clinical course of the disease, proposed project are currently under population studies capture a consideration and will be analyzed in heterogeneous group. Modification of the EIS for potential environmental DEPARTMENT OF HEALTH AND the primary gene defect by acquired impacts. In addition, as required be HUMAN SERVICES factors and by action of other genes to NEPA, the ‘‘No Build’’ alternative will produce further variability in clinical be analyzed. In an effort to provide Centers for Disease Control and expression of the disease may be less effective border control services to both Prevention apparent in populations. Study of Mexico and the United States (U.S.), family members allows for control of and to streamline traffic along I–5 [60 Day–03–88] one significant parameter, gene defect, between Mexico and the U.S., several Proposed Data Collections Submitted in order for the effects of other variables potential developments outside of the for Public Comment and to be examined. scope of this project are being taken into Recommendations Diagnosis of a hemostatic disorder consideration during the planning through measurement of coagulation stages of the proposed project. One of In compliance with the requirement factors or genetic testing is not always these potential developments involves of section 3506(c)(2)(A) of the predictive of clinical disease, yet
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individuals given such a diagnosis may as protein C deficiency and protein S with questions on demographics, undergo prospective treatment for deficiency. medical history, behavioral and lifestyle surgical procedures or even lifelong This is a descriptive study of families factors, and family history; have 35 anticoagulation. The reasons that some with bleeding or thrombotic disorders. milliliters (about 2.5 tablespoons) of individuals with a particular gene defect The goal is to identify families with 5– blood drawn from a vein in the arm. The experience symptoms while others with 10 members affected with a bleeding or blood will undergo testing of the same defect do not is poorly thrombotic disorder. Family members appropriate coagulation parameters and understood. An understanding of who have the same abnormal gene will physiologic variables such as blood additional risk factors involved would be compared as to their clinical groups. The tests chosen will depend result in more appropriate targeting of symptoms or lack thereof and upon the disorder present in the family. therapy and reduce unnecessary differences in physiologic and genetic Participants will also be asked to give treatment with blood products or drugs markers which may be related to the study staff access to previous laboratory with significant side effects. disorder under study. Data will be The primary objective of this study is collected for at least five years for results collected at other institutions or to identify risk factors related to intra- descriptive and hypothesis generating at CDC, provide contact information for familial differences in manifestations of purposes. family members thought to have hemostatic diseases, including bleeding Ten families a year will qualify for symptoms of bleeding or clotting, and disorders, such as von Willebrand this study; up to 100 members will be allow his or her diagnosis to be disease and platelet storage pool enrolled. Participants will be asked to disclosed to family members. There is disease, and thrombotic disorders, such be interviewed by a trained interviewer no cost to the respondents.
No. of re- Average Total No. of burden per Respondents respondents sponses per response burden respondent (in hours) (in hours)
Male ...... 50 2 30/60 50 Female ...... 50 2 30/60 50 Total ...... 100
Thomas A. Bartenfeld, agent, or as the organization responsible B. Purpose Acting Associate Director for Policy, Planning for asthma programs within the State; The Centers for Disease Control and and Evaluation, Centers for Disease Control and/or (2) any official documentation and Prevention. Prevention (CDC) announces the showing that the applicant organization availability of fiscal year (FY) 2003 [FR Doc. 03–16676 Filed 7–1–03; 8:45 am] maintains responsibility for the State funds for a cooperative agreement BILLING CODE 4163–18–P asthma program. The documentation program for Expanding Existing must be placed directly behind the face Surveillance Systems to Include page of the application form.’’ DEPARTMENT OF HEALTH AND Pfiesteria, Other Harmful Algal Blooms, HUMAN SERVICES Dated: June 26, 2003. and Marine Toxins. This program Edward Schultz, addresses the ‘‘Healthy People 2010’’ Centers for Disease Control and Acting Director, Procurement and Grants focus area Environmental Health. Prevention Office, Centers for Disease Control and The purpose of the program is to Prevention. assist state and local public health [Program Announcement 03032] [FR Doc. 03–16681 Filed 7–1–03; 8:45 am] departments with expanding Addressing Asthma From a Public BILLING CODE 4163–18–P surveillance activities for adverse Health Perspective; Notice of human health outcomes and exposure to Availability of Funds Amendment waters contaminated with not only DEPARTMENT OF HEALTH AND Pfiesteria, but also other harmful algae, A notice announcing the availability HUMAN SERVICES their toxins, or other marine toxins. of fiscal year (FY) 2003 funds for Measurable outcomes of the program cooperative agreements for ‘‘Addressing Centers for Disease Control and will be in alignment with the following Asthma From a Public Health Prevention performance goal for the National Perspective’’ published in the Federal Center for Environmental Health Register on May 28, 2003, Volume 68, [Program Announcement 03102] (NCEH): Increase the capacity of state Number 102, pages 31707–31720. The Expanding Existing Surveillance and local health departments to deliver notice is amended as follows: Systems To Include Pfiesteria, Other environmental health services in their On page 31707, third column, at the Harmful Algal Blooms, and Marine communities. end of the first paragraph, insert the Toxins; Notice of Availability of Funds following, ‘‘If the applicant is not the C. Eligible Applicants State health department, but is another Application Deadline: August 1, 2003 Applications may be submitted by: department responsible for the State state and local governments or their asthma program, or a bona fide agent of A. Authority and Catalog of Federal bona fide agents (this includes the the State health department, they must Domestic Assistance Number District of Columbia, the include documentation to indicate their This program is authorized under Commonwealth of Puerto Rico, the status. This documentation should section 301 of the Public Health Service Virgin Islands, the Commonwealth of include: (1) A letter from the State Act, [42 U.S.C. section 241], as the Northern Marianna Islands, health department designating the amended. The Catalog of Federal American Samoa, Guam, the Federated applicant organization as their bona fide Domestic Assistance number is 93.283. States of Micronesia, the Republic of the
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Marshall Islands, and the Republic of • Appropriate state and local c. Exploring the impact of Palau), and political subdivisions of professional associations. anthropogenic nutrient sources on the states (in consultation with states). • Health care providers and composition of phytoplankton To be eligible, applicants must: institutions serving, diagnosing, or communities in drinking water sources 1. Provide evidence of an existing providing treatment and care for and recreational waters. surveillance system(s) for Pfiesteria or persons having symptoms related to d. Examining the potential for human other harmful algae, their toxins, or exposure to Pfiesteria, harmful algal health effects from chronic low-level other marine toxins. This may be blooms, or marine toxins, including exposures to toxins produced by similar demonstrated through a letter from your laboratories conducting testing. organisms. organization’s leadership and a copy of • Relevant community groups and 2. CDC Activities a recent surveillance report print out. organizations. 2. Demonstrate your organization has • Universities and health research a. Provide consultation and scientific capacity and experience providing agencies. and technical assistance and training, surveillance activities for adverse Surveillance activities should: surveillance, epidemiologic research, human health outcomes and exposure to a. Target individuals with high risk of laboratory and prevention activities. waters contaminated with Pfiesteria, exposure to waters containing harmful b. As needed, assist in refining the other harmful algae, their toxins, or algae, including Pfiesteria piscicida. format for reporting surveillance data other marine toxins. This may be b. Conduct investigations of all cases including case report forms, database, demonstrated through letters of support. of Pfiesteria-related illnesses meeting and maintaining the reporting system. This information should be placed the set of exposure conditions and c. Participate with states to reach directly behind the face page (first page) clinical signs and symptoms previously mutually agreed upon standardized of your application. Applications that agreed upon by State and Federal study protocols and, where appropriate, fail to submit evidence requested above partners to determine risk factors for data collection instruments for projects will be considered non-responsive and illness, and to consider banking clinical or studies. returned without review. materials for future laboratory d. Assist in preparing standard data confirmation of exposure. Note: Title 2 of the United States Code collection forms, questionnaires, etc., as c. Conduct investigations of illnesses needed in surveillance activities and section 1611 states that an organization associated with harmful algae to described in section 501(c)(4) of the Internal special epidemiologic investigations. Revenue Code that engages in lobbying determine risk factors for illness and to e. Assist in the evaluation of the activities is not eligible to receive Federal consider banking clinical materials for overall effectiveness of program funds constituting an award, grant or loan. future laboratory confirmation of operations, including the impact of exposure. surveillance data on the development of D. Funding d. Develop and conduct surveillance public policy, and on targeting and activities to identify potential sources of Availability of Funds evaluating prevention activities. exposure to harmful algae, including P. f. Participate in the analysis of Approximately $3,000,000 is available piscicida and Pfiesteria-like organisms, information and data gathered from in FY 2003 to fund approximately six to and bank clinical samples for future program activities and facilitate the eight awards. It is expected that the analysis. transfer of information and technology average award will be $500,000, ranging e. Regularly report information among all states and communities. from $250,000 to $750,000. It is collected using the pre-existing PEAS g. Assist in the development of a expected that the awards will begin on (Possible Estuary Associated Syndrome) research protocol for Institutional or about September 1, 2003 and will be surveillance software to the aggregate Review Board (IRB) review by all made for a 12-month budget period database that is housed at CDC. cooperating institutions participating in within a project period of up to three f. Assess clinical data on people with the research project. The CDC IRB will years. Funding estimates may change. illnesses related to exposure to harmful review and approve the protocol Continuation awards within an algae. initially and on at least an annual basis g. Develop and implement approved project period will be made until the research project is completed. on the basis of satisfactory progress as appropriate preventive strategies and evidenced by required reports and the develop information materials for use by F. Content health professionals and the public to availability of funds. Letter of Intent (LOI) aid in prevention and control of Recipient Financial Participation illnesses associated with P. piscicida A LOI is required for this program. No matching funds are required for and other harmful algae. The Program Announcement title and this program. Applicants may include several number must appear in the LOI. The research activity projects within their narrative should be no more than 5 E. Program Requirements proposal. If applying for the research pages, double-spaced, printed on one In conducting activities to achieve the funding, suggested examples of the side, with one-inch margins, and purpose of this program, the recipient specific areas of research activities may unreduced 12-point font. Your letter of will be responsible for the activities include: intent will be used to enable CDC to listed in 1. Recipient Activities, and a. Laboratory studies to further define determine the level of interest in the CDC will be responsible for the the biological impacts associated with announcement, and should include the activities listed in 2. CDC Activities. the presence of P. piscicida, other following information: harmful algae, and the toxins they a. Organization name and address. 1. Recipient Activities produce. b. Project Director and telephone All proposed activities should be b. Further characterization of the number. planned and conducted in collaboration environmental impact on estuarine c. An abstract briefly summarizing the and coordination with CDC by state/ waters associated with the presence of surveillance program for which funds local health departments, and where P. piscicida, other harmful algae, and are requested, including the activities to appropriate, in consultation with: the toxins they produce. be undertaken and an estimated budget.
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d. If also applying for funding for Submission Date, Time, and Address identification and description of the research activities, a brief description of The application must be received by problem, the realistic presentation of the activities to be undertaken for each 4 p.m. Eastern Time, August 1, 2003. objectives to maintain effective research project/activity and an Submit the application to: Technical surveillance systems and prevention estimated budget for each. Information Management–PA#03102, programs, and evaluation criteria established to assess surveillance, Applications CDC Procurement and Grants Office, 2920 Brandywine Road, Atlanta, GA epidemiologic research, and prevention The Program Announcement title and 30341–4146. activities. number must appear in the application. Applications may not be submitted b. Ability to Carry Out the Project (25 Use the information in the Program electronically. Points): Requirements, Other Requirements, and Degree to which the applicant Evaluation Criteria sections to develop CDC Acknowledgement of Application provides evidence of the ability to carry the application content. Your Receipt out the proposed project and the extent application will be evaluated on the A postcard will be mailed by PGO- to which the applicant documents criteria listed, so it is important to TIM, notifying you that CDC has demonstrated capability to achieve the follow them in laying out your program received your application. objectives of the proposed program. plan. The narrative should be no more This may include plans, approaches, than 25 pages, double-spaced, printed Deadline methods, and evaluations to be used in on one side, with one-inch margins, and Letters of intent and applications conducting and evaluating surveillance, unreduced 12-point font. shall be considered as meeting the epidemiologic research, and prevention The narrative should consist of a deadline if they are received before 4 programs, and may include description of the planned first year p.m. Eastern Time on the deadline date. collaborating with universities or other activities, and clearly lay out future year Any applicant who sends their health research agencies. objectives and activities to be conducted application by the United States Postal c. Technical Approach (20 Points): over the entire three-year project period. Service or commercial delivery services Degree to which proposed objectives The criteria listed in the Evaluation must ensure that the carrier will be able are clearly stated, realistic, measurable, Criteria section will serve as the basis to guarantee delivery of the application time-phased, and related to the stated for evaluating the application; therefore, by the closing date and time. If an purpose of this project. Also, the the narrative of the application should application is received after closing due adequacy of the proposed surveillance, address the following: to (1) carrier error, when the carrier epidemiologic research, and prevention plans to achieve the objectives. The a. Applicant’s understanding of the accepted the package with a guarantee degree to which the applicant has met problem. for delivery by the closing date and time, or (2) significant weather delays or the CDC Policy requirements regarding b. Applicant’s ability to carry out the the inclusion of women, ethnic, and project. natural disasters, CDC will upon receipt of proper documentation, consider the racial groups in the proposed project. c. Technical and program personnel This includes: (a) The proposed plan for capability. application as having been received by the deadline. the inclusion of both sexes and racial d. Budget justification. Any application that does not meet and ethnic minority populations for e. Human Subjects review. the above criteria will not be eligible for appropriate representation; (b) The G. Submission and Deadline competition, and will be discarded. The proposed justification when applicant will be notified of their failure representation is limited or absent; (c) A Letter of Intent (LOI) Submission: to meet the submission requirements. statement as to whether the design of the study is adequate to measure The LOI must be received by 4 p.m. H. Evaluation Criteria Eastern Time, July 16, 2003. Submit the differences when warranted; and (d) A LOI to the Grants Management Application statement as to whether the plans for recruitment and outreach for study Specialist identified in the ‘‘Where To Applicants are required to provide Obtain Additional Information’’ section participants include the process of measures of effectiveness that will establishing partnerships with of this announcement. The LOI may not demonstrate the accomplishment of the be submitted electronically. communities and recognition of mutual various identified objectives of the benefits will be documented. Application Forms cooperative agreement. Measures of d. Personnel (20 Points): effectiveness must relate to the Extent to which professional If applying for surveillance funding, performance goals stated in the purpose personnel involved in this project are submit the signed original and two section of this announcement. Measures qualified, including evidence of copies of PHS 5161–1 (OMB Number must be objective and quantitative and experience similar to this project. 0920–0428). If applying for research must measure the intended outcome. e. Plans for Administration (10 funding, submit the signed original and These measures of effectiveness must be Points): two copies of PHS 398 should be submitted with the application and will Adequacy of the plans submitted for utilized. Forms are available at the be an element of evaluation. administering the project. following Internet address: An independent review group f. Budget Justification (Reviewed, but www.cdc.gov/od/pgo/forminfo.htm. appointed by CDC will evaluate each Not Scored): If you do not have access to the application against the following Itemized budget for conducting the Internet, or if you have difficulty criteria: project, along with justification, is accessing the forms on-line, you may a. Understanding of the Problem (25 provided and is reasonable. The contact the CDC Procurement and Points): applicant should include the costs for Grants Office Technical Information The extent to which the applicant one person to travel in Atlanta, GA, to Management Section (PGO–TIM) at: understands the purpose and attend the 6th National Environmental 770–488–2700. Application forms can requirements of the program. This Health Conference December 3–5, 2003. be mailed to you. includes the extent of the applicant’s Review the CDC/NCEH web site for
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additional information concerning this AR–10 Smoke-Free Workplace B. Purpose conference: http://www.cdc.gov/nceh/ Requirements The Centers for Disease Control and default.htm AR–11 Healthy People 2010 Prevention (CDC) announces the g. Human Subjects (Reviewed, but Not AR–12 Lobbying Restrictions availability of fiscal year (FY) 2003 Scored) funds for a grant to assess the role of The extent to which the applicant J. Where To Obtain Additional accreditation in enhancing the complies with the Department of Health Information protection of participants in public and Human Services Regulations (45 This and other CDC announcements, health research. This program addresses CFR Part 46) regarding the protection of the necessary applications, and the ‘‘Healthy People 2010’’ focus area 23 human subjects. Not scored, however, associated forms can be found on the Public Health Infrastructure. an application can be disapproved if the CDC web site, Internet address: http:// The purpose of the program is to research risks are sufficiently serious www.cdc.gov. Click on ‘‘Funding’’ then and protection against risks is so assess the role of accreditation of human ‘‘Grants and Cooperative Agreements’’. research protection programs to enhance inadequate as to make the entire For general questions about this application unacceptable. protections afforded to persons involved announcement, contact: Technical in the full range of public health I. Other Requirements Information Management, CDC research programs, e.g., epidemiologic Procurement and Grants Office, 2920 Technical Reporting Requirements research, health services research, and Brandywine Road, Atlanta, GA 30341– social and behavioral intervention Provide CDC with original plus two 4146, Telephone: 770–488–2700. research, as well as traditional copies of: For business management and budget biomedical research and clinical trials. 1. An interim progress report, no less assistance, contact: Sharron Orum, Voluntary accreditation is one than 90 days before the end of the Grants Management Specialist, component of a national oversight budget period. The progress report will Procurement and Grants Office, Centers system for protection of human subjects. serve as your non-competing for Disease Control and Prevention, The National Bioethics Advisory continuation application, and must 2920 Brandywine Road, Atlanta, GA Commission (2001) and the Institute of contain the following elements: 30341–4146, Telephone: 770–488–2716, Medicine (2001, 2002) recommended a. Current Budget Period Activities E-mail address: [email protected]. that a voluntary system for accreditation Objectives. For program technical assistance, of human research protection programs b. Current Budget Period Financial contact: Dennis Christianson, Project be initiated and evaluated over the next Progress. Officer, Health Studies Branch, Division several years. c. New Budget Period Program of Environmental Hazards and Health This project will result in the Proposed Activity Objectives. Effects, National Center for development of pilot measures that can d. Detailed Line-Item Budget and Environmental Health, Centers for be used to assess the improvement of Justification. Disease Control and Prevention, 1600 the ability of the public health e. Additional Requested Information. Clifton Road, NE., Mailstop: E23, infrastructure (such as state and local 2. Financial status report, no more Atlanta, GA 30333, Telephone: 404– public health departments, schools of than 90 days after the end of the budget 498–1340, E-mail address: public health, and other public health period. [email protected]. research partners) to assess and monitor 3. Final financial and performance Dated: June 26, 2003. research involving human subjects. In reports, no more than 90 days after the year two, the pilot measures will be end of the project period. Edward Schultz, implemented in several locations, such Send all reports to the Grants Acting Director, Procurement and Grants as state or local health departments, Management Specialist identified in the Office, Centers for Disease Control and Prevention. schools of public health, or community- ‘‘Where to Obtain Additional based organizations that engage in Information’’ section of this [FR Doc. 03–16678 Filed 7–1–03; 8:45 am] public health research, and will be announcement. BILLING CODE 4163–18–P evaluated for utility and feasibility in Projects that involve the collection of the public health setting. In year three, information from 10 or more individuals DEPARTMENT OF HEALTH AND the measures will be refined and made and funded by cooperative agreement HUMAN SERVICES available to public health research will be subject to review and approval partners to document and evaluate the by the Office of Management and Centers for Disease Control and impact of accreditation as a process to Budget (OMB) under the Paperwork Prevention improve protection of human subjects in Reduction Act. public health research. Additional Requirements [Program Announcement 03157] Measurable outcomes of the program The following additional will be in alignment with the Public Health Research Accreditation requirements are applicable to this performance goals for the CDC Office of Project; Notice of Availability of Funds program. For a complete description of Science Policy and Technology Transfer. each, see Attachment I of the program Application Deadline: August 1, 2003. announcement, as posted on the CDC C. Eligible Applicants web site. A. Authority and Catalog of Federal Domestic Assistance Number Limited Eligibility AR–1 Human Subjects Requirements AR–2 Requirements for Inclusion of This program is authorized under Assistance will be provided only to a Women and Racial and Ethnic sections 301 and 317(k)(2) of the Public public, private, for-profit, or non-profit Minorities in Research Health Service Act, [42 U.S.C. 241 and organization that is currently actively AR–7 Executive Order 12372 Review 247b(k)(2)], as amended. The Catalog of engaged in the process of accrediting AR–9 Paperwork Reduction Act Federal Domestic Assistance number is human research protection programs Requirements 93.993. that represent the full range of activities,
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which are applicable to state, and local accreditation in improving human Internet address: http://www.cdc.gov/ public health departments. research protection programs. od/pgo/forminfo.htm. Note: Title 2 of the United States Code Phase 2—Develop evaluation methods If you do not have access to the section 1611 states that an organization and data collection instruments to Internet, or if you have difficulty described in section 501c(4) of the Internal examine the impact of the accreditation accessing the forms on-line, you may Revenue Code that engages in lobbying process in public health settings. Phase contact the CDC Procurement and activities is not eligible to receive Federal 2 activities will be largely dependent Grants Office Technical Information funds constituting an award, grant or loan. upon the measures generated in Phase 1. Management Section (PGO–TIM) at: Evaluation methods should include 770–488–2700. Application forms can D. Funding plan for a longitudinal activity in which be mailed to you. Availability of Funds organizations that seek accreditation are evaluated over time as well as a Submission Date, Time, and Address Approximately $100,000 is available comparison of accredited and non- The application must be received by in FY 2003 to fund one award. It is accredited organizations. 4 p.m. Eastern Time August 1, 2003. expected that the award will begin on or Phase 3—Pilot test the evaluation Submit the application to: Technical about August 1, 2003 and will be made methods and validate the proposed set Information Management—PA#03157, for a 12-month budget period within a of outcome measures in a small number CDC Procurement and Grants Office, project period of up to three years. of settings. These settings should be 2920 Brandywine Road, Atlanta, GA Funding estimates may change. generally representative of the types of 30341–4146. Continuation awards within an public health settings noted above. Applications may not be submitted approved project period will be made Phase 4—Refine the initial set of electronically. on the basis of satisfactory progress as outcome measures and evaluation evidenced by required reports and the methods and make them accessible to a CDC Acknowledgement of Application availability of funds. range of interested parties for potential Receipt Recipient Financial Participation implementation. A postcard will be mailed by PGO– Phases 1 and 2 should be undertaken TIM, notifying you that CDC has Matching funds are not required for in Year one, with a general outline of received your application. this program. Phases 3 and 4 provided for Year two Deadline Funding Priority and three. Applications shall be considered as F. Content Public comments on the proposed meeting the deadline if they are Funding Priority are not being solicited Letter of Intent (LOI) received before 4 p.m. Eastern Time on due to insufficient time prior to the the deadline date. Any applicant who funding date. A LOI is not required for this program. sends their application by the United E. Program Requirements States Postal Service or commercial Applications delivery services must ensure that the In conducting activities to achieve the carrier will be able to guarantee delivery purpose of this program, the recipient The Program Announcement title and of the application by the closing date will be responsible for the following number must appear in the application. and time. If an application is received activities: Use the information in the Program Phase 1—Develop measures for key Requirements, Other Requirements, and after closing due to (1) carrier error, indicators of accreditation’s Evaluation Criteria sections to develop when the carrier accepted the package effectiveness and seek agreement from the application content. Your with a guarantee for delivery by the stakeholders on the measures’ application will be evaluated on the closing date and time, or (2) significant appropriateness with particular criteria listed, so it is important to weather delays or natural disasters, CDC emphasis on their use in the public follow them in laying out your program will upon receipt of proper health setting. The public health setting plan. The narrative should be no more documentation, consider the application here would include state and local than ten pages, double-spaced, printed as having been received by the deadline. health departments, schools of public on one side, with one-inch margins, and Any application that does not meet health, and other public health research unreduced 12-point font. the above criteria will not be eligible for partners, including community-based The narrative should consist of a plan competition, and will be discarded. The organizations or other non-traditional to achieve the full purpose of project for applicant will be notified of their failure research partners. Methods might the three-year project period, a to meet the submission requirements. include such strategies as: description of the qualifications and H. Evaluation Criteria 1. Prepare a summary of the relevant background of key personnel, a defined literature on accreditation and quality set of measurable objectives for year one Application improvement, bioethics, and activities, the proposed methods for Applicants are required to provide biomedical, social science, and public achieving the objectives, a projected measures of effectiveness that will health research to identify potential timeline to monitor progress, a plan for demonstrate the accomplishment of the measures of effectiveness. evaluation of project activities, and a various identified objectives of the 2. Convene a steering committee proposed budget. grant. Measures of effectiveness must consisting of persons with appropriate G. Submission and Deadline relate to the performance goals stated in expertise in human subject research the purpose section of this protections, public health research, and Application Forms announcement. Measures must be state or local health department Submit the signed original and two objective and quantitative and must activities. This group could also contain copies of PHS form 398. (OMB Number measure the intended outcome. These liaison representatives from other 0925–0001); adhere to the instructions measures of effectiveness must be government agencies or departments on the Errata Instruction Sheet for PHS submitted with the application and will with interest or expertise in the role of 398. Forms are available at the following be an element of evaluation.
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An independent review group For general questions about this Matters To Be Discussed: The meeting will appointed by CDC will evaluate each announcement, contact: Technical include the review, discussion, and application against the following Information Management, CDC evaluation of applications received in criteria: Procurement and Grants Office, 2920 response to Request for Applications: OH– 03–006. 1. Plan to achieve the purpose of the Brandywine Road, Atlanta, GA 30341– Contact Person for More Information: Price program: 25 points. 4146, Telephone: 770–488–2700. Connor, Scientific Review Administrator, 2. Background and qualifications of For business management and budget Office of Extramural Programs, Office of the staff: 20 points. assistance, contact: James Masone, Director, National Institute for Occupational 3. Measurable objectives: 15 points. Contracts Specialist, Procurement and Safety and Health, CDC, 1600 Clifton Road 4. Adequacy of methods to achieve Grants Office, Centers for Disease NE, MS E–74, Atlanta, GA 30333, Telephone objectives: 15 points. Control and Prevention, 2920 404.498.2511. 5. Evaluation plan: 15 points. Brandywine Road, Atlanta, GA 30341– The Director, Management Analysis and 6. Timeline: 10 points. 4146, Telephone: 770–488–2736, E-mail Services Office, has been delegated the 7. Budget (reviewed, but not scored). authority to sign Federal Register notices address: [email protected]. pertaining to announcements of meetings and I. Other Requirements For program technical assistance, other committee management activities, for contact: John R. Livengood, M.D. M. both CDC and the Agency for Toxic Technical Reporting Requirements Phil., Deputy Associate Director for Substances and Disease Registry. Provide CDC with original plus two Science, Office of Science Policy and Dated: June 26, 2003. copies of: Technology Transfer, Centers for John C. Burckhardt, Disease Control and Prevention, MS D– 1. Interim progress report, no less Acting Director, Management Analysis and than 90 days before the end of the 50, 1600 Clifton Road, NE., Atlanta, GA Services Office, Centers for Disease Control budget period. The progress report will 30333, Telephone: 404–639–7260, E- and Prevention (CDC). serve as your non-competing mail address: [email protected]. [FR Doc. 03–16679 Filed 7–1–03; 8:45 am] continuation application, and must Dated: June 26, 2003. BILLING CODE 4163–19–P contain the following elements: Edward Schultz, a. Current Budget Period Activities Acting Director, Procurement and Grants Objectives. Office, Centers for Disease Control and DEPARTMENT OF HEALTH AND b. Current Budget Period Financial Prevention. HUMAN SERVICES Progress. [FR Doc. 03–16680 Filed 7–1–03; 8:45 am] c. New Budget Period Program BILLING CODE 4163–18–P Centers for Disease Control and Proposed Activity Objectives. Prevention d. Detailed Line-Item Budget and Justification. DEPARTMENT OF HEALTH AND Mine Safety and Health Research e. Additional Requested Information. HUMAN SERVICES Advisory Committee: Meeting 2. Financial status report, no more In accordance with section 10(a)(2) of than 90 days after the end of the budget Centers for Disease Control and the Federal Advisory Committee Act period. Prevention (Pub. L. 92–463), the Centers for Disease 3. Final financial and performance Control and Prevention (CDC) reports, no more than 90 days after the Disease, Disability, and Injury announces the following committee end of the project period. Prevention and Control meeting. Send all reports to the Grants Special Emphasis Panel: Collaborative Name: Mine Safety and Health Management Specialist identified in the Research Advisory Committee ‘‘Where To Obtain Additional Program for the Identification and Prevention of Work-Related (MSHRAC). Information’’ section of this Times and Dates: 9 a.m.–4:30 p.m., announcement. Musculoskeletal Disorders, Request for Applications: OH–03–006. July 23, 2003; 9 a.m.–1:45 p.m., July 24, Additional Requirements In accordance with section 10(a)(2) of 2003. Place: Washington Court Hotel on The following additional the Federal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease Capitol Hill, 525 New Jersey Avenue, requirements are applicable to this NW., Washington DC, 20001, telephone program. For a complete description of Control and Prevention (CDC) announces the following meeting: (202) 628–2100, fax (202) 879–7938. each, see Attachment I of the program Status: Open to the public, limited announcement, as posted on the CDC Name: Disease, Disability, and Injury only by the space available. The meeting Web site. Prevention and Control Special Emphasis room accommodates approximately 35 Panel (SEP): Collaborative Program for the AR–10 Smoke-Free Workplace people. Requirements Identification and Prevention of Work- Related Musculoskeletal Disorders, Request Purpose: This committee is charged AR–12 Lobbying Restrictions for Applications: OH–03–006. with providing advice to the Secretary, AR–15 Proof of Non-Profit Status Times and Dates: 8 a.m.–8:40 a.m., July 22, Department of Health and Human Executive Order 12372 does not apply 2003 (Open), 8:40 a.m.–5 p.m., July 22, 2003 Services; the Director, CDC; and the to this program. (Closed). Director, NIOSH, on priorities in mine Place: Embassy Suites Hotel, 1900 safety and health research, including J. Where To Obtain Additional Diagonal Road, Alexandria, VA, 21314, grants and contracts for such research, Information Telephone 703.684.5900. 30 U.S.C. 812(b)(2), Section 102(b)(2). This and other CDC announcements, Status: Portions of the meeting will be Matters To Be Discussed: Agenda for closed to the public in accordance with the necessary applications, and provisions set forth in section 552b(c) (4) and this meeting will focus on reports from associated forms can be found on the (6), Title 5 U.S.C., and the Determination of the Director, NIOSH and Associate CDC Web site, Internet address: http:// the Director, Management Analysis and Director of Mining, the strategy for www.cdc.gov. Click on ‘‘Funding’’ then Services Office, CDC, pursuant to Public Law extramural research program, ‘‘Grants and Cooperative Agreements’’. 92–463. recommendations for the extramural
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research program, mining industry agency may not conduct or sponsor, and Dated: June 25, 2003. health and safety statistics, and a person is not required to respond to, Jeffrey Shuren, improving miner’s health and safety. a collection of information unless it Assistant Commissioner for Policy. Agenda items are subject to change as displays a currently valid OMB control [FR Doc. 03–16619 Filed 7–1–03; 8:45 am] priorities dictate. number. OMB has now approved the BILLING CODE 4160–01–S Contact Person for More Information: information collection and has assigned Lewis V. Wade, Ph.D., Executive OMB control number 0910–0494. The Secretary, MSHRAC, NIOSH, CDC, 200 approval expires on April 30, 2004. A DEPARTMENT OF HEALTH AND Independence Avenue, SW., Room 715– copy of the supporting statement for this HUMAN SERVICES H, Hubert Humphrey Building, P12 information collection is available on Washington, DC 20201–0004, telephone the Internet at http://www.fda.gov/ Food and Drug Administration 202/401–2192, fax 202/260–4464. ohrms/dockets. [Docket Nos. 97F–0284, 88F–0182, 98F– The Director, Management Analysis Dated: June 25, 2003. and Services Office, has been delegated 0706, 98F–0391, 97F–0170, 92F–0315, 99F– Jeffrey Shuren, the authority to sign Federal Register 4694, 88F–0340, 95F–0021, 99F–0720, 94F– 0290, and 00F–1366] notices pertaining to announcements of Assistant Commissioner for Policy. [FR Doc. 03–16618 Filed 7–1–03; 8:45 am] meetings and other committee Withdrawal of Food Additive Petitions BILLING CODE 4160–01–S management activities for both the Subsequently Converted to Food Centers for Disease Control and Contact Notifications Prevention and the Agency for Toxic DEPARTMENT OF HEALTH AND Substances and Disease Registry. AGENCY: Food and Drug Administration, HUMAN SERVICES Dated: June 26, 2003. HHS. John Burckhardt, Food and Drug Administration ACTION: Notice. Acting Director, Management Analysis and SUMMARY: The Food and Drug Services Office, Centers for Disease Control [Docket No. 2002N–0496] Administration (FDA) is announcing the and Prevention. Agency Information Collection withdrawal, without prejudice to a [FR Doc. 03–16677 Filed 7–1–03; 8:45 am] future filing, of 12 food additive BILLING CODE 4163–19–U Activities; Announcement of OMB Approval; Aluminum in Large and petitions (FAPs) proposing that the food Small Volume Parenterals Used in additive regulations be amended to DEPARTMENT OF HEALTH AND Total Parenteral Nutrition provide for the safe use of certain new HUMAN SERVICES food additives. The petitioners AGENCY: Food and Drug Administration, subsequently requested that their Food and Drug Administration HHS. petitions be converted to food contact ACTION: Notice. notifications for review under the [Docket No. 2002N–0354] agency’s new food contact notification SUMMARY: The Food and Drug (FCN) program for food contact Agency Information Collection Administration (FDA) is announcing substances. The requested uses are now Activities; Announcement of OMB that a collection of information entitled the subjects of effective notifications. Approval; The Evaluation of Long- ‘‘Aluminum In Large and Small Volume Term Antibiotic Drug Therapy for FOR FURTHER INFORMATION CONTACT: Parenterals Used in Total Parenteral Persons Involved in Anthrax Sylvia Dodson, Center for Food Safety Nutrition’’ has been approved by the Remediation Activities and Applied Nutrition (HFS–275), Food Office of Management and Budget and Drug Administration, 5100 Paint AGENCY: Food and Drug Administration, (OMB) under the Paperwork Reduction Branch Pkwy., College Park, MD 20740, HHS. Act of 1995 (the PRA). 202–418–3087. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: In notices Karen L. Nelson, Office of Management published in the Federal Register, on SUMMARY: The Food and Drug Programs (HFA–250), Food and Drug the dates indicated in table 1 of this Administration (FDA) is announcing Administration, 5600 Fishers Lane, document, FDA announced the filing of that a collection of information entitled Rockville, MD 20857, 301–827–1482. 12 FAPs. These petitions proposed to ‘‘The Evaluation of Long-Term SUPPLEMENTARY INFORMATION: In the amend the food additive regulations in Antibiotic Drug Therapy for Persons Federal Register of March 17, 2003 (68 the sections listed in the table to Involved in Anthrax Remediation FR 12701), the agency announced that provide for the safe use of the listed Activities’’ has been approved by the the proposed information collection had substances intended for use in food Office of Management and Budget been submitted to OMB for review and contact articles. Since publication of (OMB) under the Paperwork Reduction clearance under 44 U.S.C. 3507. An these filing notices, the petitioners have Act of 1995 (the PRA). agency may not conduct or sponsor, and requested that their respective petitions FOR FURTHER INFORMATION CONTACT: a person is not required to respond to, be converted to FCNs for review under Karen L. Nelson, Office of Management a collection of information unless it the agency’s new FCN process for food Programs (HFA–250), Food and Drug displays a currently valid OMB control contact substances and that their Administration, 5600 Fishers Lane, number. OMB has now approved the petitions be withdrawn when the Rockville, MD 20857, 301–827–1482. information collection and has assigned corresponding notifications become SUPPLEMENTARY INFORMATION: In the OMB control number 0910–0439. The effective. These petitions were Federal Register of April 2, 2003 (68 FR approval expires on June 30, 2006. A converted to notifications and 16059), the agency announced that the copy of the supporting statement for this subsequently reviewed under the FCN proposed information collection had information collection is available on process. The requested uses are now the been submitted to OMB for review and the Internet at http://www.fda.gov/ subjects of effective notifications. The clearance under 44 U.S.C. 3507. An ohrms/dockets. corresponding FAPs are now withdrawn
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without prejudice to a future filing (21 CFR 171.7).
TABLE 1.—FOOD ADDITIVE PETITIONS SUBSEQUENTLY CONVERTED TO FOOD CONTACT NOTIFICATIONS
1 FAP No. and 2 FR Citation 21 CFR Section/ Docket No. FCN No. and Date Company Part Additive Use
7B4547, 97F– 87 62 FR 37266, Eastman Chemical 175.300 1,4- In polyester resins in- 0284 July 11, 1997. Co. cyclohexanedimetha- tended for coatings nol as a polyhydric in contact with alcohol. food.
8B4083, 88F– 106 53 FR 23455, Dow Chemical Co. 176.170 Styrene-butadiene-acry- As components of 0182 June 22, lonitrile copolymers paper and paper- 1988. copolymerized with board in contact not more than 10 with food. percent of one or more of the mono- mers of acrylic acid, fumaric acid, 2-hy- droxyethyl acrylate, itaconic acid and menacrylic acid.
8B4620, 98F– 115 63 FR 45820, BASF Corp. 178.3297 2,9-bis(3,5- As a colorant for all 0706 Aug. 27, dimethylpheny- polymers intended 1998. l)anthra(2,1,9- for use in contact def:6,5,10-d′e′ with food. f′)diisoquinoline- 1,3,8,10(2H, 9H)- tetrone. (C.I. Pigment Red 149).
8B4595, 98F– 118 63 FR 32672, BASF Corp. 178.3297 2,9-bis[4- As a colorant for all 0391 June 15, (phenylaz- polymers intended 1998. o)phenyl]anthra[2, for use in contact 1,9-def:6,5,10- with food. d′e′f′]diisoquinoline- 1,3,8,10(2H, 9H)- tetrone. (C.I. Pigment Red 178).
7B4538, 97F– 123 62 FR 23467, Toyo-Morton, Ltd. c/o 177.1390 Polyester-epoxy-ure- As a nonfood contact 0170 Apr. 30, 1997. Keller and Heckman, thane adhesive. layer of laminated LLP. articles intended for use in contact with food.
2B4337, 92F– 124 57 FR 43740, Fina Oil and Chem- 177.1640 Rubber-modified poly- In contact with food. 0315 Sept. 22, ical Co. styrene resin con- 1992. taining not less than 71 weight percent of polymer units derived from styrene mon- omer and 178.2010 octadecyl 3,5-di-tert- As a stabilizer in the butyl-4- rubber-modified hydroxyhydrocinnam- polystyrene. ate.
0B4699, 99F– 131 64 FR 61132, Rohm and Haas Co. 175.105 and 2-methyl-4- isothiazolin- As an antimicrobial 4694 Nov. 9, 1999. 176.170. 3-one. additive for adhe- sives, paper addi- tives, and paper coatings that are intended to contact food.
8B4105, 88F– 146 53 FR 43272, Shell Oil Co. 177.1570 Poly-1-butene resins As articles or compo- 0340 Oct. 26, 1988. and butene/ethylene nents of articles in- copolymers con- tended for food- taining no more than contact use. 6-weight-percent ethylene.
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TABLE 1.—FOOD ADDITIVE PETITIONS SUBSEQUENTLY CONVERTED TO FOOD CONTACT NOTIFICATIONS—Continued
1 FAP No. and 2 FR Citation 21 CFR Section/ Docket No. FCN No. and Date Company Part Additive Use
5B4444, 95F– 151 60 FR 7974, M & G Ricerche 177.1630 Ethylene terephthalate- In contact with food. 0021 Feb. 10, S.p.A. isophthalate copoly- 1995. mers prepared with pyromellitic dianhydride such that the finished copoly- mers contain at least 95 weight percent of polymer units derived from ethylene terephthalate.
9B4653, 99F– 166 64 FR 16742, Arakawa Chemical 178 Hydrogenated aromatic In blends with poly- 0720 Apr. 6, 1999. Industries, Ltd. c/o petroleum hydro- mers intended for Keller and Heckman, carbon resins. contact with food. LLP.
4B4427, 94F– 179 59 FR 43847, Eastman Chemical 177.1315 Ethylene-1,4- As components of ar- 0290 Aug. 25, Co. cyclohexylene ticles for food con- 1994. dimethylene tact use. terephthalate copoly- mers that include 1 to 100 mole percent of repeat units derived from 1,4- cyclohexylene dimethylene terephthalate.
0B4713, 00F– 220 65 FR 41079, Nippon Shokubai c/o 177.1520 Methylmethacrylate- Intended for use in 1366 July 3, 2000. Keller and Heckman, trimethylolpropane contact with food. LLP. trimethacrylate co- polymer as an antiblocking agent in linear low-density pol- yethylene. 1 Food Additive Petition Number. 2 Food Contact Notification Number.
Dated: June 17, 2003. Register of May 30, 2003 (68 FR 32529). Dated: June 25, 2003. Laura M. Tarantino The document announced a public Jeffrey Shuren, Deputy Director, Office of Food Additive meeting to explore current methods Assistant Commissioner for Policy. Safety, Center for Food Safety and Applied being used to evaluate proprietary drug [FR Doc. 03–16617 Filed 7–1–03; 8:45 am] Nutrition. names to reduce medication errors due BILLING CODE 4160–01–S [FR Doc. 03–16616 Filed 7–1–03; 8:45 am] to similarity in drug names. The BILLING CODE 4160–01–S document was published with the incorrect docket number. This DEPARTMENT OF HEALTH AND document corrects that error. HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Health Resources and Services Joyce A. Strong, Chief, Regulations Administration Food and Drug Administration Editorial Section (HF–27), Food and Small Rural Hospital Improvement [Docket No. 2003N–0201] Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827– Grant Program Minimizing Medication Errors— 7010. AGENCY: Health Resources and Services Methods for Evaluating Proprietary Administration (HRSA), HHS. Names for Their Confusion Potential; SUPPLEMENTARY INFORMATION: In FR Doc. Public Meeting; Correction 03–13591, appearing on page 35679 in ACTION: Notice of availability of funds. the Federal Register of May 30, 2003, SUMMARY: The Health Resources and AGENCY: Food and Drug Administration; the following correction is made: HHS. Services Administration (HRSA) 1. On page 32529, in the third ACTION: Notice of public meeting; announces that applications are being correction. column, the Docket No. ‘‘02N–0201’’ accepted for grants to help small rural should be corrected to read ‘‘2003N– hospitals do any or all of the following: SUMMARY: The Food and Drug 0201’’. (1) Pay for costs related to the Administration (FDA) is correcting a implementation of prospective payment notice that appeared in the Federal systems (PPS), (2) comply with
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provisions of the Health Insurance help maximize purchasing power 20857. Phone (301) 443–0835, Fax (301) Portability and Accountability Act through economies of scale, eligible 443–2803, E-mail [email protected] or (HIPAA) of 1996, and (3) reduce grantees are very strongly encouraged to [email protected]. medical errors and support quality organize themselves into consortiums Paperwork Reduction Act: The improvement. and pool their grant funds for the application for this grant program has Name of Grant Program: Small Rural purchase of these services. SORHs may been approved by the Office of Hospital Improvement Grant Program help their eligible hospitals form Management and Budget (OMB) under (SHIP). The OMB Catalog of Federal consortiums and also purchase the the Paperwork Reduction Act. The OMB Domestic Assistance (CDFA) number is goods and services they need. clearance number is 0920–0428. 93.301. Annual funding will be available for This program is not subject to the Program Authorization: Section up to a three-year project period, with Public Health Systems Reporting 1820(g)(3) of the Social Security Act, 42 funding contingent upon: (a) Requirements. U.S.C. 1395: 4(g)(3). Availability of Federal funds, and (b) Executive Order 12372: This program Amount of Funding Available: satisfactory performance by the grantee. has been determined to be a program Approximately $15.0 million is The SORH may charge up to five that is subject to the provisions of available for grants in fiscal year 2003. percent to the grants to cover its Executive Order 12372 concerning Eligible Applicants: All small rural administrative costs. intergovernmental review of Federal hospitals located in the fifty States and Review Criteria: Applications will be Programs by appropriate health Territories, including faith-based evaluated on the extent to which they: planning agencies, as implemented by hospitals. For the purpose of this (1) Are responsive to the requirements 45 CFR part 100. Executive Order 12372 program, (1) small is defined as 49 and purposes of this program, (2) allows States the option of setting up a available beds or less, as reported on the describe need and strategies to address system for reviewing applications from hospital’s most recently filed Medicare those needs, and (3) propose an within their States for assistance under Cost Report, (2) rural is defined as allowable use of the grant funds. Further certain Federal programs. The located outside a Metropolitan description of the review criteria is application packages to be made Statistical Area (MSA); or located in a contained in the program guidance. available under this notice will contain rural census tract of a MSA as Requesting Applications: The a listing of States that have chosen to set determined under the Goldsmith application and program guidance for up such a review system and will Modification or the Rural Urban both the hospitals and SORHs may be provide a single point of contact (SPOC) Commuting Areas, and (3) hospital is downloaded via the web at http:// in the States for review. (Please visit the defined as a non-Federal, short-term, www.ruralhealth.hrsa.gov/ship.htm. following Web site: http:// general acute care facility. There is no Hard copies of the application and www.whitehouse.gov/omb/grants/ requirement for matching funds with program guidance are available from: spoc.html). Applicants (other than this program. HRSA Grants Application Center, federally-recognized Indian tribal Funding Criteria: To help facilitate Grants Management Officer, 901 Russell governments) should contact their State the awards process, eligible hospitals Avenue, Suite 450, Gaithersburg, MD SPOC as early as possible to alert them that did not receive funds during fiscal 20879. Phone (877) 477–2123, E-mail to the prospective applications and year 2002 are asked to submit a brief [email protected]. To request an receive any necessary instructions on letter of application to their State Office application please ask for the State process. For proposed projects of Rural Health (SORH) that describes announcement number HRSA–03–107. serving more than one State, the their need, and intended use and Submitting Applications: All hospital applicant is advised to contact the SPOC expenditure of grant funds. Hospitals applications must be submitted to the of each affected State. The due date for that did receive funds during fiscal year appropriate SORH in hard copy and State process recommendations is 60 2002 should contact their SORH for postmarked before 5 PM EDT on June days after the application deadline for application instructions if they wish to 27, 2003. All SORH applications must new and competing awards. The receive funds for fiscal year 2003. In be submitted in hard copy and granting agency does not guarantee to turn, the SORH will prepare and submit postmarked before 5 PM EDT on August ‘‘accommodate or explain’’ State process a single grant application using 1, 2003 to the HRSA Grants Application recommendations it receives after that Standard Form PHS 5161–1 (revised 7/ Center, Grants Management Officer, 901 date. (See Executive Order 12372 and 45 00) (approved under OMB number Russell Avenue, Suite 450, CFR part 100 for a description of the 0920–0428) for applications to HRSA on Gaithersburg, MD 20879. All review process and requirements.) behalf of all hospital applicants in their applications from hospitals in States State. An award will be made to each where the SORH has chosen not to Dated: June 4, 2003. State based on the total number of participate must be submitted to the Elizabeth M. Duke, eligible applicants in that State. Grantee above address by 5 PM EDT on August Administrator. hospitals will receive their award from 1, 2003. Applicants will receive a [FR Doc. 03–16620 Filed 7–1–03; 8:45 am] the SORH. Eligible hospitals in states confirmation of receipt notice from the BILLING CODE 4165–15–P that have chosen not to participate in HRSA Grants Application Center. this Federal-State partnership may Please note that HRSA anticipates submit a grant application (PHS Form accepting grant applications online in DEPARTMENT OF HEALTH AND 5161) directly to HRSA. the last quarter of the Fiscal Year (July HUMAN SERVICES It is anticipated that all eligible through September). Please refer to the hospitals (approximately 1,500) will HRSA grants schedule at http:// National Institutes of Health apply for this grant program, which www.hrsa.gov/grants.htm for more National Cancer Institute; Notice of would result in awards of about $10,000 information. Closed Meeting per hospital. It is expected that most of Program Contact Person: Jerry Coopey these grant funds will be used to or Emily Costich, Office of Rural Health Pursuant to section 10(d) of the purchase technical assistance, services, Policy, HRSA, Rm. 9A–55, Parklawn Federal Advisory Committee Act, as training and information technology. To Bldg, 5600 Fishers Lane, Rockville, MD amended (5 U.S.C. appendix 2), notice
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is hereby given of the following 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the grant meeting. as amended. The grant applications and applications, the disclosure of which The meeting will be closed to the the discussions could disclose would constitute a clearly unwarranted public in accordance with the confidential trade secrets or commercial invasion of personal privacy. provisions set forth in sections property such as patentable material, Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and personal information concerning Mental Health Special Emphasis Panel, as amended. The grant applications and individuals associated with the grant Interventions and Practice Research the discussions could disclose applications, the disclosure of which Infrastructure Program (IP–RISP). confidential trade secrets or commercial would constitute a clearly unwarranted Date: July 3, 2003. property such as patentable material, invasion of personal privacy. Time: 11:30 a.m. to 3 p.m. and personal information concerning Agenda: To review and evaluate grant Name of Committee: National Cancer applications. individuals associated with the grant Institute Special Emphasis Panel, Spores in applications, the disclosure of which Place: National Institutes of Health, Ovarian & Breast Cancer. Neuroscience Center, 6001 Executive would constitute a clearly unwarranted Date: June 25–27, 2003. Boulevard, Rockville, MD 20852. (Telephone invasion of personal privacy. Time: 8 a.m. to 6 p.m. Conference Call) Agenda: To review and evaluate grant Name of Committee: National Cancer Contact Person: Martha Ann Carey, PhD, applications. Institute Special Emphasis Panel, RN, Scientific Review Administrator, Place: Four Points by Sheraton Bethesda, Biochemical System Analysis of BCR–ABL Division of Extramural Activities, National 8400 Wisconsin Avenue, Bethesda, MD Childhood ALL. Institute of Mental Health, NIH, 20814. Date: July 16, 2003. Neuroscience Center, 6001 Executive Contact Person: Bratin K. Saha, PhD, Time: 1 p.m. to 3 p.m. Boulevard, Room 6151, MSC 9608, Bethesda, Scientific Review Administrator, Research Agenda: To review and evaluate grant MD 20892–9608, 301–443–1606, Programs Review Branch, Division of applications. [email protected]. Extramural Activities, National Cancer Place: National Cancer Institute, Division This notice is being published less than 15 Institute, 6116 Executive Blvd., Bethesda, of Extramural Activities, 6116 Executive days prior to the meeting due to the timing MD 20892, (301) 402–0371, Boulevard, Room 8105, Rockville, MD 20852 limitations imposed by the review and [email protected]. (Telephone Conference Call). funding cycle. This notice is being published less than 15 Contact Person: Lynn M Amende, PhD., Name of Committee: National Institute of Scientific Review Administrator, Resources days prior to the meeting due to the timing limitations imposed by the review and Mental Health Special Emphasis Panel, and Training Review Branch, Division of Treatment for Depressive and Anxiety Extramural Activities, National Cancer funding cycle. Disorders. Institute, 6116 Executive Boulevard, Room Date: July 21, 2003. 8105, Bethesda, MD 20892–8328, 301–451– (Catalogue of Federal Domestic Assistance Time: 9: a.m. to 1 p.m. 4759, [email protected]. Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Agenda: To review and evaluate grant This notice is being published less than 15 applications. days prior to the meeting due to the timing Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Place: Holiday Inn Select Bethesda, 8120 limitations imposed by the review and Wisconsin Ave, Bethesda, MD 20814. funding cycle. Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; Contact Person: Sara K. Goldsmith, PhD, (Catalogue of Federal Domestic Assistance 93.398, Cancer Research Manpower, 93.399, Scientific Review Administrator, Division of Program Nos. 93.392, Cancer Construction; Cancer Control, National Institutes of Health, Extramural Activities, National Institute of 93.393, Cancer Cause and Prevention HHS) Mental Health, NIH, Neuroscience Center, Research; 93.394, Cancer Detection and Dated: June 25, 2003. 6001 Executive Boulevard, Room 6154, MSC Diagnosis Research; 93.395, Cancer 9608, Bethesda, MD 20892–9608. LaVerne Y. Stringfield, Treatment Research; 93.396, Cancer Biology This notice is being published less than 15 Research; 93.397, Cancer Centers Support; Director, Office of Federal Advisory days prior to the meeting due to the timing 93.398, Cancer Research Manpower; 93.399, Committee Policy. limitations imposed by the review and Cancer Control, National Institutes of Health, [FR Doc. 03–16760 Filed 7–1–03; 8:45 am] funding cycle. HHS) BILLING CODE 4140–01–M Name of Committee: National Institute of Dated: June 25, 2003. Mental Health Special Emphasis Panel, LaVerne Y. Stringfield, Translational Research. Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Date: July 25, 2003. Committee Policy. HUMAN SERVICES Time: 10: a.m. to 1 p.m. Agenda: To review and evaluate grant [FR Doc. 03–16759 Filed 7–1–03; 8:45 am] National Institutes of Health applications. BILLING CODE 4140–01–M Place: National Institutes of Health, National Institute of Mental Health; Neuroscience Center, 6001 Executive Notice of Closed Meetings Boulevard, Rockville, MD 20852. (Telephone DEPARTMENT OF HEALTH AND Conference Call). HUMAN SERVICES Pursuant to section 10(d) of the Contact Person: Benjamin Xu, PhD, Federal Advisory Committee Act, as Scientific Review Administrator, Division of National Institutes of Health amended (5 U.S.C. appendix 2), notice Extramural Activities, National Institute of is hereby given of the following Mental Health, NIH, Neuroscience Center, National Cancer Institute; Notice of 6001 Executive Boulevard, Room 6143, MSC meetings. Closed Meeting 9608, Bethesda, MD 20892–9608, 301–443– The meetings will be closed to the 1178, [email protected]. Pursuant to section 10(d) of the public in accordance with the Federal Advisory Committee, as provisions set forth in sections (Catalogue of Federal Domestic Assistance 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Nos. 93.242, Mental Health Research amended (5 U.S.C. appendix 2), notice Grants; 93.281, Scientist Development is hereby given of the following as amended. The grant applications and Award, Scientist Development Award for meeting. the discussions could disclose Clinicians, and Research Scientist Award; The meeting will be closed to the confidential trade secrets or commercial 93.282, Mental Health National Research public in accordance with the property such as patentable material, Service Awards for Research Training, provisions set forth in sections and personal information concerning National Institutes of Health, HHS)
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Dated: June 25, 2003. DEPARTMENT OF HEALTH AND Bethesda, MD 20892–9608, 301–443–1340, LaVerne Y. Stringfield, HUMAN SERVICES [email protected]. Director, Office of Federal Advisory Name of Committee: National Institute of Committee Policy. National Institutes of Health Mental Health Special Emphasis Panel, Psychiatry Career Development. [FR Doc. 03–16755 Filed 7–1–03; 8:45 am] National Institute of Mental Health; Date: July 29, 2003. BILLING CODE 4140–01–M Amended Notice of Meeting Time: 1 p.m. to 2 p.m. Agenda: To review and evaluate grant Notice is hereby given of a change in applications. DEPARTMENT OF HEALTH AND the meeting of the National Institute of Place: National Institutes of Health, SERVICES Mental Health Special Emphasis Panel, Neuroscience Center, 6001 Executive June 19, 2003, 11 a.m. to June 19, 2003, Boulevard, Rockville, MD 20852. (Telephone National Institutes of Health Conference Call) 12 p.m. National Institutes of Health, Contact Person: Houmam H Araj, PhD, National Institute of Mental Health; Neuroscience Center, 6001 Executive Scientific Review Administrator, Division of Notice of Closed Meeting Boulevard, Rockville, MD, 20852, which Extramural Activities, National Institute of was published in the Federal Register Mental Health, NIH, Neuroscience Center, Pursuant to section 10(d) of the on June 18, 2003, 68 FR 36569. 6001 Executive Blvd., Room 6148, MSC 9608, Federal Advisory Committee Act, as The meeting will be held on July 9, Bethesda, MD 20892–9608, 301–443–1340, amended (5 U.S.C. appendix 2), notice 2003 and the meeting time and place [email protected]. is hereby given of the following remain the same. the meeting is closed (Catalogue of Federal Domestic Assistance meeting. to the public. Program Nos. 93.242, Mental Health Research Grants; 93.281, Scientist Development Dated: June 25, 2003. The meeting will be closed to the Award, Scientist Development Award for public in accordance with the LaVerne Y. Stringfield, Clinicians, and Research Scientist Award; provisions set forth in sections Director, Office of Federal Advisory 93.282, Mental Health National Research 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. Service Awards for Research Training, as amended. The contract proposals and [FR Doc. 03–16757 Filed 7–1–03; 8:45 am] National Institutes of Health, HHS) the discussions could disclose BILLING CODE 4140–01–M Dated: June 5, 2003. confidential trade secrets or commercial LaVerne Y. Stringfield, property such as patentable material, Director, Office of Federal Advisory and personal information concerning DEPARTMENT OF HEALTH AND Committee Policy. individuals associated with the contract HUMAN SERVICES [FR Doc. 03–16758 Filed 7–1–03; 8:45 am] proposals, the disclosure of which BILLING CODE 4140–01–M would constitute a clearly unwarranted National Institutes of Health invasion of personal privacy. National Institute of Mental Health; DEPARTMENT OF HEALTH AND Name of Committee: National Institute of Notice of Closed Meetings Mental Health Special Emphasis Panel, HUMAN SERVICES Contract Psychoactive Drug Screening. Pursuant to section 10(d) of the Date: July 9, 2003. Federal Advisory Committee Act, as National Institutes of Health Time: 1 p.m. to 2:30 p.m. amended (5 U.S.C. appendix 2), notice National Institute of Arthritis and Agenda: To review and evaluate contract is hereby given of the following proposals. Musculoskeletal and Skin Diseases; Place: National Institutes of Health, meetings. Notice of Closed Meeting Neuroscience Center, 6001 Executive The meetings will be closed to the Boulevard, Rockville, MD 20852. (Telephone public in accordance with the Pursuant to section 10(d) of the Conference Call) provisions set forth in sections Federal Advisory Committee Act, as Contract Person: Peter J. Sheridan, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. Appendix 2), notice Scientific Review Administrator, Division of as amended. The grant applications and is hereby given of the following Extramural Activities, National Institute of the discussions could disclose meeting. Mental Health, NIH, Neuroscience Center, confidential trade secrets or commercial 6001 Executive Blvd., Room 6142, MSC 9606, The meeting will be closed to the Bethesda, MD 20892–9606, 301–443–1513, property such as patentable material, public in accordance with the [email protected]. and personal information concerning provisions set forth in sections This notice is being published less than 15 individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., days prior to the meeting due to the timing applications, the disclosure of which as amended. The grant applications and limitations imposed by the review and would constitute a clearly unwarranted the discussions could disclose funding cycle. invasion of personal privacy. confidential trade secrets or commercial (Catalogue of Federal Domestic Assistance Name of Committee: National Institute of property such as patentable material, Program Nos. 93.242, Mental Health Research Mental Health Special Emphasis Panel, and personal information concerning Grants; 93.281, Scientist Development Interdisciplinary Behavioral Science Center individuals associated with the grant Award, Scientist Development Award for Review. applications, the disclosure of which Clinicians, and Research Scientist Award; Date: July 28, 2003. would constitute a clearly unwarranted 93.282, Mental Health National Research Time: 8 a.m. to 12 p.m. Service Awards for Research Training, Agenda: To review and evaluate grant invasion of personal privacy. National Institutes of Health, HHS). applications. Name of Committee: National Institute of Dated: June 25, 2003. Place: Bethesda Marriott, 5151 Pooks Hill Arthritis and Musculoskeletal and Skin LaVerne Y. Stringfield, Road, Bethedsa, MD 20814. Diseases Special Emphasis Panel, Biology of Contact Person: Houmam H Araj, PhD, Paget’s Disease. Director, Office of Federal Advisory Scientific Review Administrator, Division of Date: August 27, 2003. Committee Policy. Extramural Activities, National Institute of Time: 8:30 a.m. to 5 p.m. [FR Doc. 03–16756 Filed 7–1–03; 8:45 am] Mental Health, NIH, Neuroscience Center, Agenda: To review and evaluate grant BILLING CODE 4140–01–M 6001 Executive Blvd., Room 6148, MSC 9608, applications.
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Place: Double Tree Rockville, 1750 Dated: June 25, 2003. DEPARTMENT OF HEALTH AND Rockville Pike, Rockville, MD 20852. LaVerne Y. Stringfield, HUMAN SERVICES Contact Person: Tracy A. Shahan, PhD, Director, Office of Federal Advisory Scientific Review Administrator, National National Institutes of Health Institutes of Health, National Institute of Committee Policy. Arthritis and Musculoskeletal and Skin [FR Doc. 03–16762 Filed 7–1–03; 8:45 am] National Institute of Child Health and Diseases, 6701 Democracy Plaza, Bethesda, BILLING CODE 7140–01–M Human Development; Notice of Closed MD 20892, (301) 594–4952. Meeting (Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Musculoskeletal and Skin Diseases Research, HUMAN SERVICES Federal Advisory Committee Act, as National Institutes of Health, HHS) amended (5 U.S.C. appendix 2), notice Dated: June 25, 2003. National Institutes of Health is hereby given of the following LaVerne Y. Stringfield, meeting. Director, Office of Federal Advisory National Institute of Diabetes and The meeting will be closed to the Committee Policy. Digestive and Kidney Diseases; Notice public in accordance with the [FR Doc. 03–16761 Filed 7–1–03; 8:45 am] of Closed Meeting provisions set forth in sections BILLING CODE 4140–01–M 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the as amended. The contract proposals and Federal Advisory Committee Act, as the discussions could disclose DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial HUMAN SERVICES is hereby given of the following property such as patentable material, meeting. and personal information concerning National Institutes of Health The meeting will be closed to the individuals associated with the contract public in accordance with the proposals, the disclosure of which National Institute on Drug Abuse; would constitute a clearly unwarranted Notice of Closed Meeting provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Pursuant to section 10(d) of the as amended. The grant applications and Name of Committee: National Institute of Federal Advisory Committee Act, as the discussions could disclose Child Health and Human Development amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Special Emphasis Panel, ‘‘NICHD is hereby given of the following property such as patentable material, Contraceptive Clinical Trials Network meeting. and personal information concerning (Female Contraceptive Trials Topic Area)’’. Date: July 20–22, 2003. The meeting will be closed to the individuals associated with the grant Time: 6 p.m. to 5 p.m. public in accordance with the applications, the disclosure of which Agenda: To review and evaluate contract provisions set forth in sections would constitute a clearly unwarranted proposals. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Place: Ramada Inn Rockville, 1775 as amended. The grant applications and Rockville Pike, Rockville, MD 20852. Name of Committee: National Institute of the discussions could disclose Contact Person: Hameed Khan, PhD., Diabetes and Digestive and Kidney Diseases confidential trade secrets or commercial Scientific Review Administrator, Division of Special Emphasis Panel, Support of property such as patentable material, Scientific Review, National Institute of Child Scientific Meetings by the NIH. Health and Human Development, National and personal information concerning Date: July 22, 2003. Institutes of Health, 6100 Executive Blvd., individuals associated with the grant Time: 3:30 p.m. to 4:30 p.m. Room 5E01, Bethesda, MD 20892, (301) 435– applications, the disclosure of which Agenda: To review and evaluate grant 6902, [email protected]. would constitute a clearly unwarranted applications. (Catalogue of Federal Domestic Assistance invasion of personal privacy. Place: National Institutes of Health, Two Program Nos. 93.864, Population Research; Name of Committee: National Institute on Democracy Plaza, 6707 Democracy 93.865, Research for Mothers and Children; Drug Abuse Special Emphasis Panel, Boulevard, Bethesda, MD 20892, (Telephone 93.929, Center for Medical Rehabilitation Improving Behavioral Health Services and Conference Call). Research; 93.209, Contraception and Infertility Loan Repayment Program, National Treatment for Adolescent Drug Abuse. Contact Person: Michael W. Edwards, Institutes of Health, HHS) Date: July 22–23, 2003. PhD., Scientific Review Administrator, Time: 8 a.m. to 5 p.m. Dated: June 25, 2003. Review Branch, DEA, NIDDK, Room 750, Agenda: To review and evaluate grant LaVerne Y. Stringfield, applications. 6707 Democracy Boulevard, National Director, Office of Federal Advisory Place: Swissotel Washington, The Institutes of Health, Bethesda, MD 20892, Committee Policy. Watergate, 2650 Virginia Avenue, NW., (301) 594–8886, Washington, DC 20037. [email protected]. [FR Doc. 03–16764 Filed 7–1–03; 8:45 am] Contact Person: Marina L. Volkov, PhD, (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Health Scientist Administrator, Office of Program Nos. 93.847, Diabetes, Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, Endocrinology and Metabolic Research; DEPARTMENT OF HEALTH AND DHHS, 6001 Executive Boulevard, Room 93.848, Digestive Diseases and Nutrition HUMAN SERVICES 3158, MSC 9547, Bethesda, MD 20892–9547, Research; 93.849, Kidney Diseases, Urology (301) 435–1433. and Hematology Research, National Institutes National Institutes of Health of Health, HHS) (Catalogue of Federal Domestic Assistance Program Nos. 93.277, Drug Abuse Scientist Dated: June 24, 2003. National Institute on Alcohol Abuse Development Award for Clinicians, Scientist LaVerne Y. Stringfield, and Alcoholism; Notice of Closed Development Awards, and Research Scientist Director, Office of Federal Advisory Meeting Awards; 93.278, Drug Abuse National Committee Policy. Research Service Awards for Research Pursuant to section 10(d) of the Training; 93.279, Drug Abuse Research [FR Doc. 03–16763 Filed 7–1–03; 8:45 am] Federal Advisory Committee Act, as Programs, National Institues of Health, HHS) BILLING CODE 4140–01–M amended (5 U.S.C. appendix 2), notice
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is hereby given of the following and personal information concerning Name of Committee: National Institute of meeting. individuals associated with the grant Diabetes and Digestive and Kidney Diseases The meeting will be closed to the applications, the disclosure of which Special Emphasis Panel, Stem Cells and public in accordance with the Supportive Stromal Cells. would constitute a clearly unwarranted Date: July 17, 2003. provisions set forth in sections invasion of personal privacy. Time: 9 a.m. to 5 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Agenda: To review and evaluate grant as amended. The grant applications and General Medical Sciences Special Emphasis applications. the discussions could disclose Panel, Center Grants for Human Embryonic Place: Hyatt Regency Bethesda, One confidential trade secrets or commercial Stem Cell Research. Bethesda Metro Center, 7400 Wisconsin property such as patentable material, Date: July 14–15, 2003. Avenue, Bethesda, MD 20814. and personal information concerning Time: 8 p.m. to 5 p.m. Contact Person: John F. Connaughton, PhD, individuals associated with the grant Agenda: To review and evaluate grant Scientific Review Administrator, Review applications. Branch, DEA, NIDDK, National Institutes of applications, the disclosure of which Health, Room 757, 6707 Democracy would constitute a clearly unwarranted Place: Holiday Inn Select Bethesda, 8120 Wisconsin Ave., Bethesda, MD 20814. Boulevard, Bethesda, MD 20892, (301) 594– invasion of personal privacy. 7797, [email protected]. gov. Contact Person: Rebecca H. Johnson, PhD, Name of Committee: National Institute on Office of Scientific Review, National Institute Name of Committee: National Institute of Alcohol Abuse and Alcoholism Special of General Medical Sciences, National Diabetes and Digestive and Kidney Diseases Emphasis Panel, ZAA1 BB (20) 4 U56 Institutes of Health, Natcher Building, Room Special Emphasis Panel, Mid Career Applications—RFA AA03–007 Collaborative 3AN18, Bethesda, MD 20892, 301–594–2771, Investigator Award in Patient Oriented Minority Serving Institution Alcohol [email protected]. Research. Date: July 21, 2003. Research Program CMSIAR. This notice is being published less than 15 Time: 4 p.m. to 5:30 p.m. Date: July 22, 2003. days prior to the meeting due to the timing Agenda: To review and evaluate grant Time: 8:30 a.m. to 5 p.m. limitations imposed by the review and applications. Agenda: To review and evaluate grant funding cycle. applications. Place: National Institutes of Health, Two Place: Double Tree Rockville, 1750 (Catalogue of Federal Domestic Assistance Democracy Plaza, 6707 Democracy Rockville Pike, Rockville, MD 20852. Program Nos. 93.375, Minority Biomedical Boulevard, Bethesda, MD 20892, (Telephone Contact Person: Elsie D. Taylor, Scientific Research Support; 93.821, Cell Biology and Conference Call). Review Administrator, Extramural Project Biophysics Research; 93.859, Pharmacology, Contact Person: Maria E. Davila-Bloom, Review Branch, National Institute on Alcohol Physiology, and Biological Chemistry PhD, Scientific Review Administrator, Abuse and Alcoholism, National Institutes of Research; 93.862, Genetics and Review Branch, DEA, NIDDK, Room 750, Health, Suite 409, 6000 Executive Blvd., Developmental Biology Research; 93.88, 6707 Democracy Boulevard, National Bethesda, MD 20892–7003, 301–443–9787, Minority Access to Research Careers; 93.96, Institutes of Health, Bethesda, MD 20892, [email protected]. Special Minority Initiatives, National (301) 594–8886, davila- Institutes of Health, HHS) [email protected]. (Catalogue of Federal Domestic Assistance Dated: June 25, 2003. Name of Committee: National Institute of Program Nos. 93.271, Alcohol Research Diabetes and Digestive and Kidney Diseases LaVerne Y. Stringfield, Career Development Awards for Scientists Special Emphasis Panel, Ancillary Studies to and Clinicians; 93.272, Alcohol National Director, Office of Federal Advisory Chronic Renal Insufficiency Cohort. Research Service Awards for Research Committee Policy. Date: July 23, 2003. Training; 93.273, Alcohol Research Programs; [FR Doc. 03–16766 Filed 7–1–03; 8:45 am] Time: 3:30 p.m. to 6 p.m. 93.891, Alcohol Research Center Grants, BILLING CODE 4140–01–M Agenda: To review and evaluate grant National Institutes of Health, HHS) applications. Dated: June 25, 2003. Place: National Institutes of Health, Two LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND Democracy Plaza, 6707 Democracy Director, Office of Federal Advisory HUMAN SERVICES Boulevard, Bethesda, MD 20892, (Telephone Committee Policy. Conference Call). National Institutes of Health Contact Person: Michael W. Edwards, PhD, [FR Doc. 03–16765 Filed 7–1–03; 8:45 am] Scientific Review Administrator, Review BILLING CODE 4140–01–M Branch, DEA, NIDDK, Room 750, 6707 National Institute of Diabetes and Democracy Boulevard, National Institutes of Digestive and Kidney Diseases; Notice Health, Bethesda, MD 20892, (301) 594–8886, DEPARTMENT OF HEALTH AND of Closed Meetings [email protected]. HUMAN SERVICES Name of Committee: National Institute of Pursuant to section 10(d) of the Diabetes and Digestive and Kidney Diseases National Institutes of Health Federal Advisory Committee Act, as Special Emphasis Panel, Noninvasive amended (5 U.S.C. appendix 2), notice Measurement of Iron by Magnetic Resonance National Institute of General Medical is hereby given of the following Imaging. Sciences; Notice of Closed Meeting meetings. Date: July 24–25, 2003. Time: 7:30 p.m. to 3 p.m. Pursuant to section 10(d) of the The meetings will be closed to the Agenda: to review and evaluate grant Federal Advisory Committee Act, as public in accordance with the applications. amended (5 U.S.C. appendix 2), notice provisions set forth in sections Place: Bethesda Marriott Suites, 6711 is hereby given of the following 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Democracy Boulevard, Bethesda, MD 20817. meeting. as amended. The grant applications and Contact Person: Ned Feder, MD, Scientific The meeting will be closed to the the discussions could disclose Review Administrator, Review Branch, DEA, public in accordance with the confidential trade secrets or commercial NIDDK, Room 748, 6707 Democracy Boulevard, National Institutes of Health, provisions set forth in sections property such as patentable material, Bethesda, MD 20892, (301) 594–8890, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and personal information concerning [email protected]. as amended. The grant applications and individuals associated with the grant Name of Committee: National Institute of the discussions could disclose applications, the disclosure of which Diabetes and Digestive and Kidney Diseases confidential trade secrets or commercial would constitute a clearly unwarranted Special Emphasis Panel, Different Bacterial property such as patentable material, invasion of personal privacy. Species Selectively Induce TH1 Cells.
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Date: July 28, 2003. This notice is being published less than 15 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 3 p.m. to 4:30 p.m. days prior to the meeting due to the timing as amended. The grant applications and Agenda: to review and evaluate grant limitations imposed by the review and the discussions could disclose applications. funding cycle. confidential trade secrets or commercial Place: National Institutes of Health, Two Name of Committee: National Institute of Democracy Plaza, 6707 Democracy property such as patentable material, Mental Health Special Emphasis Panel, and personal information concerning Boulevard, Bethesda, MD 20892, (Telephone Borderline Personality Disorders SEP. Conference Call). Date: July 10, 2003. individuals associated with the grant Contact Person: Lakshmanan Sankaran, Time: 8 a.m. to 5 p.m. applications, the disclosure of which PhD, Scientific Review Administrator, Agenda: To review and evaluate grant would constitute a clearly unwarranted Review Branch, DEA, NIDDK, Room 754, applications. invasion of personal privacy. 6707 Democracy Boulevard, National Place: Holiday Inn Select Bethesda, 8120 Name of Committee: National Institute of Institutes of Health, Bethesda, MD 20892, Wisconsin Ave, Bethesda, MD 20814. Mental Health Special Emphasis Panel, (301) 594–7799, [email protected]. Contact Person: Sara K. Goldsmith, PhD, Minority Dissertations and K’s. (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Division of Date: July 17, 2003. Program Nos. 93.847, Diabetes, Extramural Activities, National Institute of Time: 9 a.m. to 5 p.m. Endocrinology and Metabolic Research; Mental Health, NIH, Neuroscience Center, Agenda: To review and evaluate grant 93.848, digestive Diseases and Nutrition 6001 Executive Blvd., Room 6154, MSC 9608, applications. Research; 93.849, Kidney Diseases, Urology Bethesda, MD 20892–9608. Place: Holiday Inn Select Bethesda, 8120 and Hematology Research, National Institutes This notice is being published less than 15 Wisconsin Ave., Bethesda, MD 20814. of Health, HHS) days prior to the meeting due to the timing Contact Person: Richard E. Weise, PhD, Dated: June 25, 2003. limitations imposed by the review and Scientist Review Administrator, Division of funding cycle. LaVerne Y. Stringfield, Extramural Activities, National Institute of Director, Office of Federal Advisory Name of Committee: National Institute of Mental Health, NIH, Neuroscience Center, Committee Policy. Mental Health Special Emphasis Panel, 6100 Executive Boulevard, Room 6140, [FR Doc. 03–16767 Filed 7–01–03; 8:45 am] Mental Health Research, MSC9606, Bethesda, MD 20892–9606, 301– Date: July 24, 2003. 443–1225, [email protected]. BILLING CODE 4140–01–M Time: 12 p.m. to 2 p.m. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. Program Nos. 93.242, Mental Health Research DEPARTMENT OF HEALTH AND Place: National Institutes of Health, HUMAN SERVICES Grants; 93.281, Scientist Development Neuroscience Center, 6001 Executive Award, Scientist Development Award for Boulevard, Rockville, MD 20852 (Telephone National Institutes of Health Clinicians, and Research Scientist Award; Conference Call). 93.282, Mental Health National Research Contact Person: Benjamin Xu, PhD, National Institute of Mental Health; Service Awards for Research Training, Scientific Review Administrator, Division of National Institutes of Health, HHS) Notice of Closed Meetings Extramural Activities, National Institute of Dated: June 24, 2003. Pursuant to section 10(d) of the Mental Health, NIH, Neuroscience Center, 6001 Executive Boulevard, Room 6143, LaVerne Y. Stringfield, Federal Advisory Committee Act, as MNSC 9608, Bethesda, MD 20892–9608, Director, Office of Federal Advisory amended (5 U.S.C. appendix 2), notice 301–443–1178, [email protected]. Committee Policy. is hereby given of the following [FR Doc. 03–16769 Filed 7–1–03; 8:45 am] meetings. (Catalogue of Federal Domestic Assistance The meetings will be closed to the Program Nos. 93.242, Mental Health Research BILLING CODE 4140–01–M Grants; 93.281, Scientist Development public in accordance with the Award, Scientist Development Award for provisions set forth in sections Clinicians, and Research Scientist Award; DEPARTMENT OF HEALTH AND 552b(c)(4) and 552(c)(6), Title 5 U.S.C., 93.282, Mental Health National Research HUMAN SERVICES as amended. The grant applications and Service Awards for Research Training, the discussions could disclose National Institutes of Health, HHS) National Institutes of Health confidential trade secrets or commercial Dated: June 24, 2003. property such as patentable material, LaVerne Y. Stringfield, National Institute of Diabetes and and personal information concerning Director, Office of Federal Advisory Digestive and Kidney Diseases; Notice individuals associated with the grant Committee Policy. of Closed Meeting applications, the disclosure of which [FR Doc. 03–16768 Filed 7–1–03; 8:45 am] Pursuant to section 10(d) of the would constitute a clearly unwarranted BILLING CODE 4140–01–M invasion of personal privacy. Federal Advisory Committee Act, as Name of Committee: National Institute of amended (5 U.S.C. Appendix 2), notice Mental Health Special Emphasis Panel, T32 DEPARTMENT OF HEALTH AND is hereby given of the following Applications. HUMAN SERVICES meeting. Date: July 8, 2003. The meeting will be closed to the Time: 12 p.m. to 2 p.m. National Institutes of Health public in accordance with the Agenda: To review and evaluate grant provisions set forth in sections applications. National Institute of Mental Health; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Institutes of Health, Notice of Closed Meeting Neuroscience Center, 6001 Executive as amended. The grant applications and Boulevard, Rockville, MD 20852 (Telephone Pursuant to section 10(d) of the the discussions could disclose Conference Call).. Federal Advisory Committee Act, as confidential trade secrets or commercial Contact Person: Martha Ann Carey, PhD, amended (5 U.S.C. appendix 2), notice property such as patentable material, RN, Scientific Review Administrator, and personal information concerning Division of Extramural Activities, National is hereby given of the following Institute of Mental Health, NIH, meeting. individuals associated with the grant Neuroscience Center, 6001 Executive Blvd., The meeting will be closed to the applications, the disclosure of which Room 6151, MSC 9608, Bethesda, MD 20892– public in accordance with the would constitute a clearly unwarranted 9608, 301–443–1606, [email protected]. provisions set forth in sections invasion of personal privacy.
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Name of Committee: National Institute of Name of Committee: National Institute on DEPARTMENT OF HEALTH AND Diabetes and Digestive and Kidney Diseases Aging Special Emphasis Panel, Bone HUMAN SERVICES Special Emphasis Panel, Vascular Metabolism in Aging. Calcification in ESRD. Date: July 23–24, 2003. National Institutes of Health Date: July 21, 2003. Time: 6:30 p.m. to 5 p.m. Time: 3 p.m. to 4:30 p.m. Agenda: To review and evaluate grant National Institute of Diabetes and Agenda: To review and evaluate grant applications. Digestive and Kidney Diseases; Notice applications. Place: National Institutes of Health, Two Place: Radisson Plaza Hotel, 150 South of Closed Meeting Broadway, Rochester, MN 55904. Democracy Plaza, 6707 Democracy Pursuant to section 10(d) of the Boulevard, Bethesda, MD 20892, (Telephone Contact Person: Alessandra M. Bini, PhD, Health Scientist Administrator, Scientific Federal Advisory Committee Act, as Conference Call). amended (5 U.S.C. Appendix 2), notice Contact Person: Lakshmanan Sankaran, Review Office, National Institute on Aging, PhD, Scientific Review Administrator, National Institutes of Health, 7201 Wisconsin is hereby given of the following Review Branch, DEA, NIDDK, Room 754, Avenue, Bethesda, MD 20892, 301–402– meeting. 6707 Democracy Boulevard, National 7708, [email protected]. The meeting will be closed to the Institutes of Health, Bethesda, MD 20892, Name of Committee: National Institute on public in accordance with the (301) 594–7799, [email protected]. Aging Special Emphasis Panel, Work, Disease provisions set forth in sections (Catalogue of Federal Domestic Assistance and Death. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Nos. 93.847, Diabetes, Date: July 24, 2003. as amended. The grant applications and Endocrinology and Metabolic Research; Time: 1:30 p.m. to 4:30 p.m. the discussions could disclose 93.848, Digestive Diseases and Nutrition Agenda: To review and evaluate grant confidential trade secrets or commercial Research; 93.849, Kidney Diseases, Urology applications. property such as patentable material, and Hematology Research, National Institutes Place: National Institutes of Health, and personal information concerning of Health, HHS) Gateway Bldg, 7201 Wisconsin Avenue, individuals associated with the grant Dated: June 24, 2003. Bethesda, MD 20892, (Telephone Conference applications, the disclosure of which LaVerne Y. Stringfield, Call). would constitute a clearly unwarranted Director, Office of Federal Advisory Contact Person: Alfonso R. Latoni, PhD., invasion of personal privacy. Scientific Review Administrator, Scientific Committee Policy. Name of Committee: National Institute of [FR Doc. 03–16770 Filed 7–1–03; 8:45 am] Review Office, National Institute on Aging, Diabetes and Digestive and Kidney Diseases BILLING CODE 4140–01–M National Institutes of Health, 7201 Wisconsin Special Emphasis Panel, Endoscopic Clinical Avenue, Room 2C212, Bethesda, MD 20892, Research in Pancreatic and Biliary Diseases. 301/496–9666, [email protected]. Date: July 24, 2003. DEPARTMENT OF HEALTH AND Name of Committee: National Institute on Time: 1:30 p.m. to 2:30 p.m. HUMAN SERVICES Aging Special Emphasis Panel, Exercise and Agenda: To review and evaluate grant Disability. applications. Place: National Institutes of Health, Two National Institutes of Health Date: July 25, 2003. Democracy Plaza, 6707 Democracy Time: 7:30 a.m. to 5 p.m. National Institute on Aging; Notice of Boulevard, Bethesda, MD 20892, (Telephone Agenda: To review and evaluate grant Conference Call). Closed Meetings applications. Contact Person: Maria E. Davila-Bloom, Place: Holiday Inn Select Bethesda, 8120 Pursuant to section 10(d) of the PhD, Scientific Review Administrator, Wisconsin Ave., Bethesda, MD 20814. Federal Advisory Committee Act, as Review Branch, DEA, NIDDK, Room 758, Contact Person: Ramesh Vemuri, PhD, 6707 Democracy Boulevard, National amended (5 U.S.C. Appendix 2), notice National Institute on Aging, The Bethesda Institutes of Health, Bethesda, MD 20892, is hereby given of the following Gateway Building, 7201 Wisconsin Ave., 301–594–7637, davila- meetings. Suite 2C212, Bethesda, MD 20892, (301) 402– [email protected]. The meetings will be closed to the 7700, [email protected]. (Catalogue of Federal Domestic Assistance public in accordance with the Name of Committee: National Institute on Program Nos. 93.847, Diabetes, provisions set forth in sections Aging Special Emphasis Panel, Old Endocrinology and Metabolic Research; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Mortality. 93.848, Digestive Diseases and Nutrition as amended. The grant applications and Date: July 29–30, 2003. Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes the discussions could disclose Time: 6 p.m. to 5 p.m. of Health, HHS) confidential trade secrets or commercial Agenda: To review and evaluate grant property such as patentable material, applications. Dated: June 17, 2003. and personal information concerning Place: Hyatt Hotels and Resorts, One LaVerne Y. Stringfield, individuals associated with the grant Bethesda Metro Center, Bethesda, MD 20814. Director, Office of Federal Advisory applications, the disclosure of which Contact Person: Ramesh Vemuri, PhD, Committee Policy. would constitute a clearly unwarranted National Institute on Aging, The Bethesda [FR Doc. 03–16772 Filed 7–1–03; 8:45 am] invasion of personal privacy. Gateway Building, 7201 Wisconsin Ave., BILLING CODE 4140–01–M Name of Committee: National Institute on Suite 2C212, Bethesda, MD 20892, (301) 402– Aging Special Emphasis Panel, Clinical and 7700, [email protected]. Biological Studies of Early AD. DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance Date: July 22–23, 2003. HUMAN SERVICES Time: 6 p.m. to 5 p.m. Program Nos. 93.866, Aging Research, Agenda: To review and evaluate grant National Institutes of Health, HHS) National Institutes of Health applications. Dated: June 24, 2003. Place: Belvedere Hotel, 319 West 48th LaVerne Y. Stringfield, National Institute of Neurological Street, New York, NY 10036. Director, Office of Federal Advisory Disorders and Stroke; Notice of Closed Contact Person: Louise L. Hsu, PhD, The Committee Policy. Meeting Bethesda Gateway Building, 7201 Wisconsin Avenue/Suite 2C212, Bethesda, MD 20892, [FR Doc. 03–16771 Filed 7–1–03; 8:45 am] Pursuant to section 10(d) of the (301) 496–7705. BILLING CODE 4140–01–M Federal Advisory Committee Act, as
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amended (5 U.S.C. Appendix 2), notice Dated: June 24, 2003. clinical characteristics, and housing and is hereby given of the following LaVerne Y. Stringfield, treatment services received) and, (3) meeting. Director, Office of Federal Advisory client outcomes. The meeting will be closed to the Committee Policy. Client outcomes will be measured public in accordance with the [FR Doc. 03–16773 Filed 7–1–03; 8:45 am] using a series of structured instruments administered by evaluation personnel provisions set forth in sections BILLING CODE 4140–01–M employed and funded by the local VA 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., medical center or outpatient clinic as amended. The grant applications and involved at each Initiative site who will the discussions could disclose DEPARTMENT OF HEALTH AND work closely with central NEPEC staff. confidential trade secrets or commercial HUMAN SERVICES Assessments will be conducted through property such as patentable material, Substance Abuse and Mental Health face-to-face interviews and, when and personal information concerning Services Administration needed, telephone interviews. individuals associated with the grant Interviews (approximately one hour in applications, the disclosure of which Agency Information Collection length) will be conducted at baseline, would constitute a clearly unwarranted Activities: Submission for OMB defined as the date of entry into the invasion of personal privacy. Review; Comment Request clinical treatment program leading to Name of Committee: National Institute of placement into permanent housing, and Periodically, the Substance Abuse and Neurological Disorders and Stroke Special quarterly (every 3 months) thereafter for Mental Health Services Administration Emphasis Panel, Conference Program for up to three years. Discharge data will be (SAMHSA) will publish a summary of Young Minority Scientists. collected from program staff at the time information collection requests under Date: July 10, 2003. of official discharge from the program, Time: 10 a.m. to 12 p.m. OMB review, in compliance with the or when the client has not had any Agenda: To review and evaluate grant Paperwork Reduction Act (44 U.S.C. clinical contact from members of the applications. Chapter 35). To request a copy of these program staff for at least 6 months. In Place: National Institutes of Health, documents, call the SAMHSA Reports addition to client interviews, key Neoroscience Center, 6001 Executive Clearance Officer on (301) 443–7978. Boulevard, Rockville, MD 20852, (Telephone informant interviews with program National Outcomes Performance managers at each site will be conducted Conference Call). Assessment of the Collaborative Contact Person: Philip F. Wiethorn, annually. Scientific Review Administrator, Scientific Initiative to Help End Chronic At most Initiative sites, it is expected Review Branch, NINDS/NIH/DHHS, Homelessness—New—This Initiative is that more people will be screened and Neuroscience Center, 6001 Executive Blvd, coordinated by the U.S. Interagency or evaluated for participation in the Suite 3208, MSC 9529, Bethesda, MD 20892– Council on the Homeless and involves program than receive the full range of 9529, (301) 496–5388. the participation of three Council core housing and treatment services. (Catalogue of Federal Domestic Assistance members: The Department of Housing Entry into the Initiative is Program Nos. 93.853, Clinical Research and Urban Development (HUD), the conceptualized as a two-phase process Related to Neurological Disorders; 93.854, Department of Health and Human involving an Outreach/Screening/ Biological Basis Research in the Services (HHS), and the Department of Assessment Phase (Phase I), and an Neurosciences, National Institutes of Health, Veterans Affairs (VA). Within HHS, Active Housing Placement/Treatment HHS) SAMHSA’s Center for Mental Health Phase (Phase II) that is expected to lead Dated: June 24, 2003. Services is the lead agency. to exit from homelessness; in some LaVerne Y. Stringfield, This project will monitor the programs these two phases may be Director, Office of Federal Advisory implementation and effectiveness of the described as the Outreach and Case Committee Policy. Initiative. A national assessment of Management Phases. It will be [FR Doc. 03–16774 Filed 7–01–03; 8:45 am] client outcomes is needed to assure a important to have at least some minimal BILLING CODE 4140–01–M high level of accountability and to information on all clients so as to be identify which models work best for able to compare those who enter which people, using the same methods Housing/Treatment with those who do DEPARTMENT OF HEALTH AND for all sites. To this end, this project will not. HUMAN SERVICES provide a site-by-site description of Client-level data at the time of first program implementation, as well as contact with the program (i.e., before the National Institutes of Health descriptive information on clients client receives more intensive treatment served; services received; housing or housing services) will be collected Center for Scientific Review; Amended quality, stability, and satisfaction; and, using a screener form. The screener Notice of Meeting client outcomes in health and functional form will be completed by a member of domains. The VA Northeast Program the clinical staff when prospective Notice is hereby given of a change in Evaluation Center (NEPEC), based at the clients are first told about the program, the meeting of the Center for Scientific VA Connecticut Healthcare System in and express interest in participating in Review Special Emphasis Panel, June West Haven, Connecticut, will be the program (i.e. when they enter Phase 26, 2003, 8:30 a.m. to June 27, 2003, 3 responsible for conducting this project. I). The purpose of this form is to p.m., Holiday Inn Select Bethesda, 8120 Data collection will be conducted identify the sampling frame of the Wisconsin Ave, Bethesda, MD, 20814 over a 36-month period. At each site, a evaluation at each site, or the pool of which was published in the Federal series of measures will be used to assess potential clients from which clients are Register on June 11, 2003, 68 FR 34992– (1) program implementation (e.g., then selected. Program implementation 34994. number and types of housing units will be measured using a series of The meeting will be held on July 24– produced and intensity and types of progress summaries. 25, 2003. The time and location remain treatment and supportive services Initiative sites will be responsible for the same. The meeting is closed to the provided), (2) client descriptive screening potential participants, public. information (e.g., demographic and assessing homeless and disabling
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condition eligibility criteria for the can practically and systematically Treatment Activity of the Initiative, program, and documenting eligibility as contact clients about participating in the obtaining written informed consent to part of the national performance evaluation. VA evaluation staff, clinical participate in the national performance assessment. Each site will identify a program staff, and NEPEC will work assessment, and other evaluation limited number of portals of entry into together to establish systematic activities. the program in a relatively small procedures for assessing eligibility, The estimated response burden to geographic area, so that the evaluator enrolling clients into the Housing/ collect this information is as follows:
Responses Respondents form name No. of per Hours per Total hour respondents respondent response burden
Clients: Baseline assessment ...... 1,500 1 1.50 2,250 Follow-up assessment ...... 1,500 8 1 1.25 15,000
Sub-total ...... 17,250
Clinicians: Screening ...... 30 2 100 0.25 750 Discharge ...... 30 3 13 0.40 156
Sub-total ...... 906 Administrators: Network definition ...... 60 1 0.25 15 Network participation ...... 105 4 0.75 315
Sub-total ...... 330
Total ...... 18,486
3-yr. Annual Avg...... 6,162 1 Assumes average follow-up period of 2 yrs. due to delayed recruitment at some sites & 20% attrition overall. 2 Assumes an average of 2 screening clinicians per site, and twice the number of persons screened as enrolled. 3 Assumes an average of 2 discharge clinicians per site, and discharge rate of 25%.
Written comments and information collection requests under records to be sealed. Two counties in recommendations concerning the OMB review, in compliance with the Ohio involving an urban setting proposed information collection should Paperwork Reduction Act (44 U.S.C. (Cuyahoga county which includes the be sent within 30 days of this notice to: Chapter 35). To request a copy of these city of Cleveland) and a rural setting Allison Herron Eydt, Human Resources documents, call the SAMHSA Reports (Clermont county adjacent to Kentucky) and Housing Branch, Office of Clearance Officer on (301) 443–7978. were selected based on responses to an Management and Budget, New Evaluation of Program Rehabilitation RFA. Subjects in each county will be Executive Office Building, Room 10235, and Restitution—New—The drawn from referrals by parole and Washington, DC 20503; due to potential Rehabilitation and Restitution initiative probation to Treatment Accountability delays in OMB’s receipt and processing of SAMHSA’s Center for Substance for Safer Communities (TASC) case of mail sent through the U.S. Postal Abuse Treatment seeks to reduce management programs in the two Service, respondents are encouraged to recidivism and increase psychosocial counties. submit comments by fax to: 202–395– functioning and pro-social lifestyle The target population consists of 6974. among substance abusing state individuals entering parole or probation Dated: June 24, 2003. correctional prisoners. Hypotheses of who are first time nonviolent felons Anna Marsh, the study are that providing intensive, with a history of substance abuse and Executive Officer, Substance Abuse and long-term case management services are eligible to have their records sealed. Mental Health Services Administration. will facilitate a pro-social lifestyle Technical assistance to participating [FR Doc. 03–16661 Filed 7–1–03; 8:45 am] leading to higher rates of sealing or counties will be provided to (1) develop, BILLING CODE 4162–20–P expunging of criminal records and that an intensive case management treatment the prospect of stigma reduction model designed to increase the provided by a sealed criminal record proportion of offenders eligible to have DEPARTMENT OF HEALTH AND will motivate offenders to remain crime records sealed, and (2) involve the HUMAN SERVICES and drug free for a least three years after various stake holders, such as case completing judicial supervision. managers, parole officers, district Substance Abuse and Mental Health The project consists of (1) providing attorney’s office, public defender, and Services Administration technical assistance to develop and judges in the implementation of the case Agency Information Collection implement intensive case management management model. A formative Activities: Submission for OMB services, and (2) an evaluation of the evaluation will provide feedback on the Review; Comment Request effectiveness of the intensive case implementation of the program. A management services in increasing the systems evaluation will examine the Periodically, the Substance Abuse and number of people eligible to have their number of services offered to the felons, Mental Health Services Administration records sealed. The study is confined to and changes in attitudes towards sealing (SAMHSA) will publish a summary of jurisdictions with statutes permitting records on the part of critical
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stakeholders, such as district attorney experimental group. The evaluation completion rate. Interview data will be offices, judges and service providers. An procedures in both locations will supplemented by a file study of arrest outcomes evaluation will examine the consist of a baseline interview and records and the number of criminal effect of the intensive case management follow-up interviews over a 4-year records expunged. Additionally, two model on the eligibility to have records period that tracks outcomes to the point focus groups of clients in the intent to sealed, social, psychological and health at which subjects are eligible for sealing treat group will be conducted in each status, HIV risk behavior, and the actual of records. Follow-up interviews and county at 3, 6, 12, 18, 24, and 30 months proportion of subjects who have their file studies will test for a wide array of to provide feedback on client records sealed. possible effects, including recidivism, perceptions of the case management The experimental study in Cuyahoga employment, education, drug use, programs. One group at each site will County consists of two groups of family relationships, support of consist of clients in compliance with the randomly assigned subjects. An intent- children, mental and physical health, to-treat group is scheduled to receive HIV/AIDS risk factors, assumption of program and one group will consist of intensive case management consisting of personal responsibility and life clients not in compliance. Groups will an intensive TASC case management adjustment factors. consist of 8 to 10 participants chosen at model during the one-year period of The evaluation will involve 900 random from the compliant and supervision followed by an additional projected participants over a five-year noncompliant clients. Additional file three years of less intensive case period. Evaluation interviews will take study data will be gathered on the management services. A control group place at baseline, 6 months, 12 months, number of case management sessions will receive treatment as usual, and 42-months. Each interview will last and the number and frequency of other consisting of the TASC case 11⁄2 to 2 hours depending of the memory interventions in the intent-to-treat and management model now in place. In and speed of the respondents. The control groups. Clermont County there will be only an interview goal is a minimum 80%
Number of Responses/ Hours per Total hr. Data collection respondents respondent response burden
Baseline Interview ...... 900 1 1.33 1,197 Follow-up Battery: 6-, 12-, & 42-month ...... 900 3 1.50 4,050 Client Focus Groups: 3-, 6-,12-,18-, 24-months (Cuyahoga) .. 50 1 1.50 75 Client Focus Groups: 3-, 6-, 9-, 12-, 18-, 24-, 36-& 42- months (Clermont) ...... 80 1 1.50 120 File Data Collection (Staff Time) MCSIS, Ohio DRC, TASC .. 3 7 2.00 42 Multimodality Quality Assurance (MQA)—(Treatment Pro- gram Staff) ...... 84 1 .75 63 Stakeholders: Attitudes Towards Sealing Records ...... 12 3 .167 6 Stakeholder Focus Groups: 6-,12-, 24-months ...... 36 1 1.50 54 Key Officials Attitudinal Survey ...... 12 3 .167 6 Total Burden ...... 1,047 ...... 5,613 5-Year Annual Average ...... 1,047 ...... 1,123
Written comments and DEPARTMENT OF HEALTH AND This notice is not a complete recommendations concerning the HUMAN SERVICES description of the cooperative proposed information collection should agreement; potential applicants must be sent within 30 days of this notice to: Substance Abuse and Mental Health obtain a copy of the Request for Allison Herron Eydt, Human Resources Services Administration Applications (RFA), including Part I, and Housing Branch, Office of Cooperative Agreements to Expand the Fiscal Year (FY) 2003 Funding National Child Traumatic Stress Management and Budget, New Opportunity Executive Office Building, Room 10235, Initiative Intervention Development and Evaluation Centers, Part II, General Washington, DC 20503; due to potential AGENCY: Substance Abuse and Mental Policies and Procedures Applicable to delays in OMB’s receipt and processing Health Services Administration, HHS. of mail sent through the U.S. Postal all SAMHSA applications for ACTION: Notice of funding availability Service, respondents are encouraged to Discretionary Grants and Cooperative for SAMHSA Cooperative Agreements Agreements, and the PHS 5161–1 (Rev. submit comments by fax to: 202–395– to Expand the National Child Traumatic 7/00) application form before preparing 6974. Stress Initiative Intervention and submitting an application. Dated: June 24, 2003. Development and Evaluation Centers. Funding Opportunity Title: Anna Marsh, Cooperative Agreements to Expand the Acting Executive Officer, Substance Abuse SUMMARY: The Substance Abuse and National Child Traumatic Stress and Mental Health Services Administration. Mental Health Services Administration Initiative—Short Title: Child Traumatic [FR Doc. 03–16662 Filed 7–1–03; 8:45 am] (SAMHSA), Center for Mental Health Stress Initiative Intervention Services (CMHS) announces the Development and Evaluation Centers. BILLING CODE 4162–20–U availability of FY 2003 funds for the Funding Opportunity Number: SM cooperative agreement described below. 03–011. A synopsis of this funding opportunity, Catalog of Federal Domestic as well as many other Federal Assistance (CFDA) Number: 93.243. Government funding opportunities, is Authority: Section: 582 of the Public also available at the Internet site: Health Service Act, as amended and subject www.fedgrants.gov. to the availability of funds.
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Funding Opportunity Description: organization that is selected for funding Contact for Additional Information: The Substance Abuse and Mental in both programs will receive funding Malcolm Gordon, Ph.D., Substance Health Services Administration only for its proposed Intervention Abuse and Mental Health Services (SAMHSA), Center for Mental Health Development and Evaluation Center. Administration, Center for Mental Services (CMHS) is accepting Organizations that are currently Health Services, Division of Prevention, applications for fiscal year 2003 grantees of the NCTSI are not eligible to Traumatic Stress, and Special Programs, cooperative agreements to expand the apply as the applicant organization 5600 Fishers Lane, Room 17C–17, National Child Traumatic Stress under this announcement. Rockville, MD 20857, (301) 443–2957, Initiative (NCTSI) Intervention Applicant organizations must apply E-mail: [email protected]. for one of the specific IDE centers— Development and Evaluation Centers. Dated: June 25, 2003. Funds are available under Section 582 Rural/Tribal/Frontier; Service Systems Anna Marsh, to local mental health providers for the Models; or Traumatic Stress and purpose of developing knowledge of Substance Abuse—and address the Acting Executive Officer, Substance Abuse best practices and providing mental requirements for that specific center in and Mental Health Services Administration. health services to children and youth the application. Applicant organizations [FR Doc. 03–16621 Filed 7–1–03; 8:45 am] suffering from post-traumatic stress as a may submit separate applications for BILLING CODE 4162–20–P result of having experienced or more than one of the specific IDE witnessed a traumatic event. centers. The purpose of the NCTSI is to Due Date for Applications: August 7, DEPARTMENT OF HOUSING AND improve treatment and services for all 2003. URBAN DEVELOPMENT children and adolescents in the United Estimated Funding Available/Number States who have experienced traumatic of Awards: It is expected that [Docket No. FR–4820–N–30] events or witnessed such events. A approximately $1.8 million will be Notice of Proposed Information network of centers, the NCTSN, has available to fund three new centers in Collection: Comment Request; been established to promote the the Intervention Development and Reporting Requirements Associated development and use of effective Evaluation Program of the National treatment and services, to develop Child Traumatic Stress Network with 24 CFR 203.508b and 24 CFR resources on trauma for professionals, (NCTSN). Annual awards may be up to 235.1001—Providing Information consumers, and the public, and to $600,000 in total costs (direct and AGENCY: Office of the Assistant develop trauma-focused public indirect) for each year for up to 4 years. Secretary for Housing-Federal Housing education and professional training and Actual funding levels will depend on Commissioner, HUD. other field development activities. the availability of funds. Second, third, ACTION: Notice. This announcement solicits for three and fourth project year funding may be specific types of child and adolescent supplemented by SAMHSA for SUMMARY: The proposed information traumatic stress Intervention activities that fall within the scope and collection requirement described below Development and Evaluation (IDE) intent of this RFA. Applications with will be submitted to the Office of Centers that will facilitate the NCTSI proposed budgets that exceed $600,000 Management and Budget (OMB) for achievement of its overall goals of will be returned without review. review, as required by the Paperwork improving access to and quality of Is Cost Sharing Required: No. Reduction Act. The Department is services for child and adolescent Period of Support: Applicants must soliciting public comments on the traumatic stress: Rural/Tribal/Frontier request support for four years and subject proposal. Intervention Development and provide a separate budget for each year. Evaluation Center; Service Systems While SAMHSA’s intent for this DATES: Comments Due Date: September Models Intervention Development and program is to fund the full four year 2, 2003. Evaluation Center; and Traumatic Stress period requested, continued funding is ADDRESSES: Interested persons are and Substance Abuse Intervention contingent on the availability of funds. invited to submit comments regarding Development and Evaluation Center. How to Get Full Announcement and this proposal. Comments should refer to Eligible Applicants: The following Application Materials: Complete the proposal by name and/or OMB domestic public and private non-profit application kits may be obtained by Control Number and should be sent to: entities are eligible to apply. calling: the SAMHSA Mental Health Wayne Eddins, Reports Management Community-based and faith-based Information Center at (800) 789–2647, Officer, Department of Housing and organizations, out-patient clinics, public Monday through Friday, 8:30 a.m. to 5 Urban Development, 451 7th Street, or private universities, psychiatric or p.m., EDT; TDD: (301) 443–9006; Fax: SW., L’Enfant Plaza Building, Room general hospitals, units of State or local (301) 984–8796; P.O. Box 42490, 8003, Washington, DC 20410 or governments, Indian tribes and tribal Washington, DC 20015. The PHS 5161– [email protected]. organizations, partnerships of multiple 1 application form and the full text of clinical centers, programs and/or the funding announcement are also FOR FURTHER INFORMATION CONTACT: community service providers applying available electronically via SAMHSA’s Joseph McCloskey, Director, Office of as a single center (in which case one of World Wide Web Home Page: http:// Single Family Asset Management, the participating organizations must be www.samhsa.gov (Click on ‘Grant Department of Housing and Urban designated as the applicant Opportunities’). Development, 451 7th Street SW., organization). When requesting an application kit, Washington, DC 20410, telephone (202) Applicant organizations may apply the applicant must specify the funding 708–1672 (this is not a toll free number) for the Intervention Development and opportunity title and number for which for copies of the proposed forms and Evaluation Centers (this announcement) detailed information is desired. All other available information. and/or the Community Treatment and information necessary to apply, SUPPLEMENTARY INFORMATION: The Services Centers (RFA SM–03–012). A including where to submit applications Department is submitting the proposed separate, complete application is and application deadline instructions, information collection to OMB for required for each category. An are included in the application kit. review, as required by the Paperwork
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Reduction Act of 1995 (44 U.S.C. Dated: June 23, 2003. DEPARTMENT OF THE INTERIOR Chapter 35, as amended). Sean G. Cassidy, This Notice is soliciting comments General Deputy Assistant Secretary for Fish and Wildlife Service from members of the public and affected Housing-Deputy Federal Housing Endangered Species Recovery Permit agencies concerning the proposed Commissioner. Applications collection of information to: (1) Evaluate [FR Doc. 03–16778 Filed 7–1–03; 8:45 am] whether the proposed collection is BILLING CODE 4210–27–M AGENCY: Fish and Wildlife Service, necessary for the proper performance of Interior. the functions of the agency, including whether the information will have ACTION: Notice of receipt of permit practical utility; (2) evaluate the applications. DEPARTMENT OF THE INTERIOR accuracy of the agency’s estimate of the SUMMARY: The following applicants have burden of the proposed collection of Delaware & Lehigh National Heritage applied for a scientific research permit information; (3) enhance the quality, Corridor Commission Meeting to conduct certain activities with utility, and clarity of the information to endangered species pursuant to section be collected; and (4) minimize the AGENCY: Department of the Interior, 10(a)(1)(A) of the Endangered Species burden of the collection of information Office of the Secretary. Act (16 U.S.C. 1531 et seq.). We (U.S. on those who are to respond; including Fish and Wildlife Service) solicit review the use of appropriate automated ACTION: Notice of meeting. and comment from local, State, and collection techniques or other forms of Federal agencies, and the public on the information technology, e.g., permitting SUMMARY: This notice announces an following permit requests. electronic submission of responses. upcoming meeting of the Delaware & This Notice also lists the following DATES: Comments on these permit Lehigh National Heritage Corridor applications must be received on or information: Commission. Notice of this meeting is Title of Proposal: Reporting before August 1, 2003 to receive our required under the Federal Advisory Requirements Associated with 24 CFR consideration. Committee Act (Pub. L. 92–463). 203.508(b) and 24 CFR 235.1001— ADDRESSES: Written data or comments Providing Information. MEETING DATE AND TIME: Friday, July 11, should be submitted to the Chief, OMB Control Number, if applicable: 2003, time 2 p.m. to 4 p.m. Endangered Species, Ecological 2502–0235. Services, U.S. Fish and Wildlife Service, ADDRESS: The Greater Wilkes-Barre Description of the need for the 911 NE. 11th Avenue, Portland, Oregon Chamber, Two Public Square, Wilkes- information and proposed use: The 97232–4181 (fax: 503–231–6243). Please Barre PA 18710. purpose of this notice is to extend the refer to the respective permit number for use of 24 CFR 203.508b and 24 CFR The agenda for the meeting will focus each application when submitting 235.1001. The requirements of the 24 on implementation of the Management comments. All comments received, CFR 203.508b state, in part, that ‘‘all Action Plan for the Delaware and including names and addresses, will mortgagors must be informed by the Lehigh National Heritage Corridor and become part of the official mortgagees of the system available to State Heritage Park. The Commission administrative record and may be made them on loan inquiries on their was established to assist the available to the public. mortgages and they must be reminded of the system at least annually.’’ The Commonwealth of Pennsylvania and its FOR FURTHER INFORMATION CONTACT: requirements of 24 CFR 235.1001 state, political subdivisions in planning and Documents and other information in part, that ‘‘mortgagees must provide implementing an integrated strategy for submitted with these applications are to the mortgagor and annual statement protecting and promoting cultural, available for review, subject to the of interest paid and taxes disbursed and historic and natural resources. The requirements of the Privacy Act and shall include an accounting of the total Commission reports to the Secretary of Freedom of Information Act, by any amount of assistance payments paid by the Interior and to Congress. party who submits a written request for HUD and applied to the mortgagor’s a copy of such documents within 30 SUPPLEMENTARY INFORMATION: The days of the date of publication of this account during the preceding year.’’ Delaware & Lehigh National Heritage Agency form numbers, if applicable: notice to the address above (telephone: Corridor Commission was established None. 503–231–2063). Please refer to the Estimation of the total numbers of by Public Law 100–692, November 18, respective permit number for each hours needed to prepare the information 1988, and extended through Public Law application when requesting copies of collection including number of 105–355, November 13, 1998. documents. respondents, frequency of response, and FOR FURTHER INFORMATION CONTACT: C. SUPPLEMENTARY INFORMATION: hours of response: The estimated total Allen Sachse, Executive Director, Permit No. TE–050644 number of burden hours needed to Delaware & Lehigh National Heritage prepare the information collection is Corridor Commission, 1 South Third Applicant: The Washington 1,361; the number of respondents is 122 Street, 8th Floor, Easton PA 18042. (610) Department of Fish and Wildlife, generating approximately 5,444 annual 923–3548. Olympia, Washington. responses; the frequency of response is The permittee requests an amendment annually and third party disclosures; Dated: June 26, 2003. to take (harass through captive and the estimated time needed to C. Allen Sachse, propagation, collect biological samples, prepare the response is 15 minutes. Executive Director, Delaware & Lehigh and mark) the Columbia Basin distinct Status of the proposed information National Heritage Corridor Commission. population segment of the pygmy rabbit collection: Extension is a previously [FR Doc. 03–16682 Filed 7–1–03; 8:45 am] (Brachylagus idahoensis) in conjunction approved collection. BILLING CODE 6820–PE–M with an intercross captive propagation Authority: The Paperwork Reduction Act program with the Idaho pygmy rabbit of 1995, 44 U.S.C., Chapter 35, as amended. (Brachylagus idahoensis) and to support
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genetic research at facilities in Oregon DATES: To ensure consideration, written footed ferret (Mustela nigripes), and Washington for the purpose of comments must be received on or before southwestern willow flycatcher enhancing Columbia Basin pygmy August 1, 2003. (Empidonax traillii extimus), and rabbits survival and viability. ADDRESSES: Written comments should interior least tern (Sterna antillarum). Permit No. TE–072650 be submitted to the Chief, Endangered Permit No. TE–073460 Species Division, Ecological Services, Applicant: Jennifer Michaud-Laird, P.O. Box 1306, Albuquerque, New Applicant: Aaron Flesch, Tucson, Sebastopol, California. Mexico 87103. Documents and other Arizona. The applicant requests a permit to information submitted with these Applicant requests a new permit for take (harass by survey, capture, handle, applications are available for review, research and recovery purposes to and release) the California tiger subject to the requirements of the conduct presence/absence surveys, nest salamander Sonoma County distinct Privacy Act and Freedom of Information monitoring, radio tracking, trapping, population segment (Ambystoma Act. Documents will be available for and removal of radio transmitters for californiense) in conjunction with public inspection, by appointment only, cactus ferruginous pygmy owl surveys in Sonoma County, California during normal business hours at the (Glaucidium brasilianum cactorum) for the purpose of enhancing its U.S. Fish and Wildlife Service, 500 Gold within Arizona. survival. Avenue SW., Room 4102, Albuquerque, Permit No. TE–072500 New Mexico. Please refer to the Permit No. TE–072651 respective permit number for each Applicant: U.S. Army Corps of Applicant: Diana Immel, Davis, application when submitting comments. Engineers, Champaign, Illinois. California. All comments received, including Applicant requests a permit for The applicant requests a permit to names and addresses, will become part research and recovery purposes to remove/reduce to possession Trifolium of the official administrative record and receive fountain darters (Etheostoma amoenum (showy Indian clover) in may be made available to the public. fonticola) and Texas wild-rice (Zizania texana), in order to assess the effects of conjunction with reintroduction efforts FOR FURTHER INFORMATION CONTACT: in Sonoma and Marin Counties, Chief, Endangered Species Division, fog oil and other military species California for the purpose of enhancing (505) 248–6920. chemical compounds on these species. its survival. SUPPLEMENTARY INFORMATION: Permit No. Authority: 16 U.S.C. 1531, et seq. Permit No. TE–072873 TE–057946 Dated: June 19, 2003. Applicant: USDA, Natural Resources Bryan Arroyo, Applicant: Kevin D. Matson, St. Conservation Service, Flagstaff, Assistant Regional Director, Ecological Louis, Missouri. Arizona. Services, Region 2, Albuquerque, New The applicant requests a permit to Applicant requests an amendment to Mexico. take (collect blood) captive Hawaiian an existing permit to allow presence/ [FR Doc. 03–16684 Filed 7–1–03; 8:45 am] geese (Branta sandvicensis) and captive absence surveys for black-footed ferret BILLING CODE 4310–55–P io` (Buteo solitarias) in conjunction with (Mustela nigripes) within Arizona and disease research at the Three Ring New Mexico. Ranch Exotic Animal Sanctuary, Kailue- DEPARTMENT OF THE INTERIOR Kona, Hawaii for the purpose of Permit No. TE–072498 enhancing their survival. Applicant: Shaw Environmental, Inc., Fish and Wildlife Service We solicit public review and Albuquerque, New Mexico. Endangered and Threatened Wildlife comment on each of these recovery Applicant requests a new permit for and Plants; 90-day Finding for a permit applications. research and recovery purposes to Petition to Delist the Mexican Bobcat Dated: June 12, 2003. conduct presence/absence surveys for Bill Shake, the following species within Arizona AGENCY: Fish and Wildlife Service, and New Mexico: black-footed ferret Interior. Deputy Regional Director, Region 1, U.S. Fish and Wildlife Service. (Mustela nigripes), southwestern willow ACTION: Notice of 90-day petition flycatcher (Empidonax traillii extimus), [FR Doc. 03–16683 Filed 7–1–03; 8:45 am] finding and initiation of status review. northern aplomado falcon (Falco BILLING CODE 4310–55–P femoralis septentrionalis), and interior SUMMARY: We, the U.S. Fish and least tern (Sterna antillarum). Wildlife Service (Service), announce a 90-day finding for a petition to delist the DEPARTMENT OF THE INTERIOR Permit No. TE–011464 Mexican bobcat (Lynx rufus escuinapae) Fish and Wildlife Service Applicant: Caryn Vaughn, Norman, under the Endangered Species Act of Oklahoma. 1973, as amended. After reviewing the Endangered and Threatened Species Applicant requests an amendment to petition and available scientific and Permit Applications an existing permit to allow surveys and commercial information, we find that collection of the scaleshell mussel the petition presents substantial AGENCY: Fish and Wildlife Service, (Leptodea leptodon) within Oklahoma information indicating that listing may Interior. and Arkansas. no longer be warranted. With the ACTION: Notice of receipt of applications. publication of this notice, we are Permit No. TE–054803 initiating a status review of the Mexican SUMMARY: The following applicants have Applicant: Michael Larisch, Silver City, bobcat. In addition to requesting applied for scientific research permits to New Mexico. information on the status of the Mexican conduct certain activities with Applicant requests an amendment to bobcat, we are requesting information endangered species pursuant to section an existing permit to allow presence/ on whether the subspecies designation 10(a)(1)(A) of the Endangered Species absence surveys for the following is taxonomically valid. If not valid, we Act of 1973, as amended. species within New Mexico: black- also request information on the status of
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the listed entity within Mexico for the trends, and threats were included in the Nowell and Jackson 1996). Lynx rufus purpose of determining if the Mexican petition. The petition requested that we escuinapae is the southernmost race of population constitutes a distinct delist the Mexican bobcat under the Act, bobcat found in Mexico. population segment (DPS) or constitutes and noted that downlisting to No population estimates are available a significant portion of the range of the threatened status would not be an for Lynx rufus escuinapae, but the species. We will prepare and publish a appropriate alternative. In a letter dated Mexican Government has stated that 12-month finding. November 4, 1996, we acknowledged this subspecies is widespread and DATES: The finding announced in this receipt of the petition (Service, in litt., numerous, is not specialized in its document was made on June 11, 2003. 1996). We stated that we would address habitat requirements, and is highly To be considered in the 12-month the petition as soon as possible. Due to ecologically adaptable (Graciela de la finding for this petition, comments and staffing and budget constraints, we have Garza Garcia, Direccion General de information should be submitted to us been unable to process this petition Conservacion Ecologia de los Recursos by September 30, 2003. until now. Naturalese, in litt. 1991). The Mexican bobcat belongs to the Little information is available on ADDRESSES: Submit information, mammalian family Felidae and has been utilization of the species in Mexico, but comments, or questions concerning this reported to be a subspecies of Lynx local hunting and trapping for petition finding to the Chief, Division of rufus. The number of taxa described subsistence is possible. There is no Scientific Authority, U.S. Fish and within Lynx rufus ranges from 11 to 14. indication of illegal trade and no Wildlife Service, 4401 N. Fairfax Drive, Allen (1903) first described this reported potential trade threats (Govt. of Rm 750, Arlington, VA 22203 (facsimile subspecies from two immature male U.S. 1992; Service, in litt. 1992). number 703–358–2276; E-mail address: specimens found in Escuinapa, Mexico, We listed the Mexican bobcat as an [email protected]). The on the basis of color and cranial endangered species on June 14, 1976 (41 petition, supporting information, and differences. However, the validity of FR 24064). This subspecies was listed comments will be available for public this subspecies is questionable. Samson under the Act due to its inclusion in inspection, by appointment, from 8 a.m. (1979) conducted a multivariate Appendix I of the Convention on to 4 p.m., Monday through Friday, at the statistical analysis of a variety of skull International Trade in Endangered above address. measurements and found cranial Species of Wild Fauna and Flora FOR FURTHER INFORMATION CONTACT: characteristics of L. r. escuinapae to be (CITES). By July 1, 1975, the Convention Karen L. Anderson, Division of similar to those of L. r. californicus and was ratified by enough nations to enter Scientific Authority (see ADDRESSES L. r. texensis. Also, the range of into force and at that time the countries section) (telephone 703–358–1708; escuinapae overlaps with the ranges of participating in CITES agreed that the facsimile 703–358–2276). baileyi and texensis. However, McCord Mexican bobcat met the criteria for SUPPLEMENTARY INFORMATION: and Cardoza (1982) noted that statistical inclusion in Appendix I. Appendix I includes all species threatened with Background analysis of skull measurements only have meaning in large samples and are extinction and that are or may be Section 4(b)(3)(A) of the Endangered thus ineffective in the subspecific affected by international trade. In 1992, Species Act of 1973, as amended (Act) assignment of individual specimens. during the 10-year review of species (16 U.S.C. 1533(b)(3)(A)), requires us to They also noted that the 11 to 14 included in the CITES Appendices, we, make a finding on whether a petition to subspecies of bobcats described to date with support from Mexico and other list, delist, or reclassify a species comprise few realistically countries, proposed to transfer the presents substantial scientific or distinguishable taxa that have any real Mexican bobcat to Appendix II, based commercial information indicating that biological or conservation significance. on the bobcat’s widespread and stable the petitioned action may be warranted. The majority of bobcats are found in status in Mexico and questionable This finding is to be based on all the United States, where they range taxonomy. Our proposal was accepted information available to us at the time through a wide variety of habitats, and the transfer went into effect on the finding is made. To the maximum including boreal coniferous and mixed November 6, 1992. It is not clear at this extent practicable, this finding is to be forests in the north, bottomland time why the Mexican bobcat was made within 90 days of the date the hardwood forest and coastal swamp in originally included in Appendix I. petition was received, and a notice of the southeast, and desert and scrubland Distinct Vertebrate Population Segment the finding is to be published promptly in the southwest. Even within a local in the Federal Register. If the finding is area, individual bobcats usually use a We must consider any species for that substantial information was variety of habitats (Wilson and Ruff listing under the Act if available presented, we are required to promptly 1999). Only large, intensively cultivated information indicates such action may commence a review of the status of the areas appear to be unsuitable habitat. be warranted. ‘‘Species’’ is defined by involved species. After completing the Southern Canada represents the the Act as including any subspecies of status review, we will issue an northern limit of bobcat range, with fish and wildlife or plants, and any additional finding (the 12-month deep snow a significant limiting factor. distinct population segment of finding) on whether delisting is, in fact, With the clearing of mature coniferous vertebrate fish or wildlife that warranted. forests for agriculture, the bobcat has interbreeds when mature (16 U.S.C. On July 8, 1996, we received a expanded its range northward over the 1532 (16)). We, along with the National petition dated June 30, 1996, from the past century (Rollings 1945, Banfield Marine Fisheries Service (National National Trappers Association, Inc., 1974). In Mexico, bobcats are found in Oceanic and Atmospheric Bloomington, Illinois. The petition and dry scrubland and forest of pine (Pinus Administration-Fisheries), developed cover letter clearly identified itself as spp.) and oak (Quercus spp.), the Policy Regarding the Recognition of such and contained the name, address, principally in the mountainous northern Distinct Vertebrate Population Segments and signature of the petitioning and central parts of the country, and not (DPS Policy) (61 FR 4722) to help us in organization’s representative. in the tropical south (Hall and Kelson determining what constitutes a distinct Information relating to the taxonomy, 1959; Gonzalez and Leal 1984 and population segment (DPS). Under this the present population status and Woloszyn and Woloszyn 1982 cited by policy, we use three elements to assess
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whether a population under if so, whether this population of bobcat particularly interested in recent consideration for listing may be should remain listed. Although the information on the taxonomy of the recognized as a DPS: (1) Discreteness of petition did not address this issue, we bobcat, and specifically whether the population in relation to the will consider this question during our escuinapae is a valid subspecies or remainder of the species to which it status review. whether it should be considered part of belongs; (2) the significance of the Petition Finding other subspecies. We also request any population segment to the species to additional information that will support which it belongs; and (3) the population We have reviewed the petition, the the DPS analysis of the discreteness and segment’s conservation status in relation literature cited in the petition, and other significance, as defined in our DPS to the Act’s standards for listing. literature and information available in policy (see Distinct Vertebrate The DPS analysis is a stepwise our files. On the basis of the best Population Segment section above), of analysis; significance is considered only scientific and commercial information, this Mexican population relative to the when discreteness of the population has we find that the petition presents species as a whole. been determined, and the conservation substantial information to indicate that If you wish to comment, you may status is considered only when both the Mexican bobcat may warrant being submit your comments and materials discreteness and significance of the delisted. concerning this finding to the Chief, population have been established. With the publication of this notice, Division of Scientific Authority (see we are initiating a status review of the Discreteness refers to the isolation of a ADDRESSES section). Our practice is to Mexican bobcat to determine whether population from other members of the make comments, including names and delisting is warranted based on its status species and is based on two criteria: (1) home addresses of respondents, and taxonomy. If this subspecies is not Marked separation from other available for public review during taxonomically valid, we will also populations of the same taxon resulting regular office hours. Respondents may evaluate if the population of the listed from physical, physiological, ecological, request that we withhold their identity, entity in Mexico constitutes a DPS, and or behavioral factors, including genetic as allowable by law. If you wish us to if so, whether or not we should retain discontinuity; or (2) populations withhold your name or address, you the listing of this entity. If this delimited by international boundaries. If must state this request prominently at the population is determined to be population does not meet the DPS criteria, we will then evaluate whether the beginning of your comment. discrete, we determine significance by However, we will not consider assessing the distinct population or not the population of the listed entity is endangered or threatened in a anonymous comments. To the extent segment’s importance and/or consistent with applicable law, we will contribution to the species throughout significant portion of the species’ (i.e., Lynx rufus) range. make all submissions from its range. Measures of significance may organizations or businesses, and from include, but are not limited to, the Public Information Solicited individuals identifying themselves as following: (1) Persistence of the discrete representatives or officials of population segment in an ecological When we make a finding that organizations or businesses, available setting unusual or unique for the taxon; sufficient information exists to indicate for public inspection in their entirety. (2) evidence that loss of the discrete that delisting of a species may be Comments and materials received will population segment would result in a warranted, we are required to promptly be available for public inspection, by significant gap in the range of the taxon; commence a review of the status of the appointment, during normal business (3) evidence that the discrete population species. To ensure that the status review hours at the above address. segment represents the only surviving is complete and based on the best natural occurrence of the taxon that may available scientific and commercial References Cited be more abundant elsewhere as an information, we are soliciting Allen, J.A. 1903. A New Deer and a introduced population outside its information on the Mexican bobcat New Lynx From the State of Sinaloa, historic range; and (4) evidence the (Lynx rufus escuinapae) throughout the Mexico. Amer. Mus. Nat. Hist. Bull., discrete population segment differs listed entity’s range in Mexico. If we 19:613–615. markedly from other populations of the determine that the subspecies taxon in its genetic characteristics. designation is not valid, then Banfield, A.W. 1974. The Mammals of If we determine that a population information on the status of the listed Canada. Univ. Toronto Press, Toronto. meets the discreteness and significance entity rangewide will, in particular, Hall, E. R., and K. R. Kelson 1959. The criteria for a distinct population assist us in determining if the Mexican Mammals of North America. The Ronald segment, we evaluate the threats to population meets the distinct vertebrate Press Company, New York. determine if endangered or threatened population segment criteria, or Government of the United States. status based on the Act’s standards is constitutes a significant portion of the 1992. Proposal to Transfer Felis rufa warranted. Endangered means the range. escuinapae from Appendix I to species is in danger of extinction We request any additional Appendix II. Proc. Conf. of the Parties throughout all or a significant portion of information, comments, and suggestions to CITES 8, CITES Secretariat, its range. Threatened means the species from the public, governmental agencies, Lausanne. is likely to become endangered within the scientific community, industry, and Gonzalez, C.B., and C.G. Leal. 1984. the foreseeable future throughout all or any other interested parties concerning [Forest Mammals of the Mexican Basin.] a significant portion of its range. the status of this subspecies of the Programme on Man and the Biosphere In reviewing the taxonomic bobcat throughout its range in Mexico. (UNESCO) and Editorial Limusa. information on Mexican bobcat, it is We are seeking information regarding Mexico City (in Spanish). unclear whether this subspecies is valid. taxonomy, historic and current McCord, C.M., and J.E. Cardoza. 1982. If the subspecies designation is not distribution, habitat use and habitat Bobcat and Lynx. Pp 728–766 in J.A. valid, then we must evaluate the status conditions, biology and ecology, Chapman and G.A. Feldhamer, eds. of the listed entity in its range within ongoing conservation measures for the Wild Mammals of North America: Mexico and determine whether the subspecies and its habitat, and threats to Biology, Management and Economics. listed entity meets the DPS policy, and the subspecies and its habitat. We are Johns Hopkins Univ. Press, Baltimore.
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Nowell, K., and P. Jackson. eds. 1996. be viewed on the Fish and Wildlife 3800 East 80th Street, Bloomington, MN Wild Cats: Status Survey and Service home page at http://migratory 55425. Phone 952–854–2100. Conservation Action Plan. IUCN/SSC birds.fws.gov. Written comments can be FOR FURTHER INFORMATION CONTACT: Jay Cat Specialist Group, IUCN, Gland, sent to the address above, or emailed to Rendall, Mississippi River Basin Panel Switzerland. [email protected]. All comments Chair and Exotic Species Program Rollings, C.T. 1945. Habits, Food and must include the name and full mailing Coordinator, Minnesota Department of Parasites of the Bobcat in Minnesota. J. address of the person submitting the Natural Resources at 651–297–1464 or Wildl. Manage. 9:131–145. comments. All comments received, Sharon Gross, Executive Secretary, Samson, F.B. 1979. Multivariate including names and addresses, will Aquatic Nuisance Species Task Force at Analysis of Cranial Characteristics become part of the public record. You 703–358–2308. Among Bobcats with a Preliminary may inspect comments during normal SUPPLEMENTARY INFORMATION: Pursuant Discussion of the Number of business hours at the address above. to section 10(a)(2) of the Federal Subspecies. Bobcat Res. Conf. Natl. FOR FURTHER INFORMATION CONTACT: John Advisory Committee Act (5 U.S.C. App. Wildl. Fed. Sci. Tech. Ser. 6:80–86. L. Trapp, (703) 358–1965. I), this notice announces meetings of the Wilson, D.E., and S. Ruff. eds. 1999. SUPPLEMENTARY INFORMATION: The Aquatic Nuisance Species Task Force The Smithsonian Book of North Mississippi River Basin Regional Panel. American Mammals. Smithsonian purpose of the DEA is to determine how to respond to applications for permits to The Task Force was established by the Institution Press, Washington DC. Nonindigenous Aquatic Nuisance Woloszyn, D., and B.W. Woloszyn. take mute swans (Cygnus olor) under Prevention and Control Act of 1990. The 1982. [The Mammals of Sierra de La authority of the Migratory Bird Treaty Mississippi River Basin Regional Panel Laguna Baja California Sur.] Consejo Act for the purpose of minimizing the was established by the ANS Task Force Nacional de Ciencia y Technologia, environmental damage that they can in 2002. The purpose of the Panel is to Mexico (in Spanish). cause. The DEA (1) reviews the history, population status, and trends of mute advise and make recommendations to Author swans in the Atlantic Flyway; (2) the Aquatic Nuisance Species Task The primary author of this document summarizes the history of mute swan Force on issues relating to the is Karen L. Anderson of the Division of population management; (3) assesses the Mississippi River Basin region of the Scientific Authority (see ADDRESSES effects of mute swans on wetland United States that includes thirty-two above). habitats, native species of fish and Mississippi River Basin States: wildlife, and human interests; and (4) Alabama, Arkansas, Colorado, Georgia, Authority evaluates the need for continuing Iowa, Illinois, Indiana, Kentucky, The authority for this action is the management of mute swans in the Kansas, Louisiana, Maryland, Michigan, Endangered Species Act of 1973, as Atlantic Flyway to minimize Minnesota, Missouri, Mississippi, amended (16 U.S.C. 1531 et seq.). environmental damage. Four Montana, North Carolina, North Dakota, Nebraska, New Mexico, New York, Dated: June 11, 2003. alternatives, including the proposed action, are considered. Ohio, Oklahoma, Pennsylvania, South Marshall P. Jones, Jr., Carolina, South Dakota, Tennessee, Deputy Director, Fish and Wildlife Service. Steve Williams, Texas, Virginia, West Virginia, [FR Doc. 03–16725 Filed 7–1–03; 8:45 am] Director, Fish and Wildlife Service. Wisconsin, and Wyoming. The BILLING CODE 4310–55–P [FR Doc. 03–16699 Filed 7–1–03; 8:45 am] Mississippi River Basin Regional Panel BILLING CODE 4310–55–P will discuss several topics at this meeting including: aquatic invasive DEPARTMENT OF THE INTERIOR species (Asian carp, New Zealand DEPARTMENT OF THE INTERIOR mudsnail, round goby, water fleas, Fish and Wildlife Service purple loosestrife, and Eurasian Fish and Wildlife Service Draft Environmental Assessment on watermilfoil) in the Mississippi River Basin and their management; a Management of Mute Swans in the Aquatic Nuisance Species Task Force discussion on pathways of invasive Atlantic Flyway Mississippi River Basin Panel Meeting species spread and prevention methods AGENCY: Fish and Wildlife Service, AGENCY: Fish and Wildlife Service, used for the aquatic plant trade, Interior. Interior. recreational activities, and effective ACTION: Notice of availability. boater education programs; a discussion ACTION: Notice of meeting. on prevention initiatives taken for the SUMMARY: This notice advises the public SUMMARY: This notice announces a dispersal barrier and the summit in that a Draft Environmental Assessment Chicago, 100th Meridian initiative, on the Management of Mute Swans in meeting of the Aquatic Nuisance Species (ANS) Task Force Mississippi public awareness campaign, Stop the Atlantic Flyway is available for Aquatic Hitchhikers, NAISA, and public review. Comments and River Basin Panel. The meeting topics SUPPLEMENTARY National Invasive Species Council’s suggestions are requested. are identified in the INFORMATION. rapid response efforts; a discussion on DATES: You must submit comments on Panel organization and operation and the Draft Environmental Assessment by DATES: The Mississippi River Basin establishment of new Panel Committees July 16, 2003. Regional Panel will meet from 8 a.m. to for education, policy, control, research, ADDRESSES: Copies of the Draft 5 p.m. on Thursday, July 10, 2003, and and outreach efforts; and status and Environmental Assessment (DEA) can 8 a.m. to 2 p.m. on Friday, July 11, 2003, discussion of national legislation be obtained by writing to U.S. Fish and and a field trip from 2:30 p.m. to 6 p.m. regarding aquatic invasive species. Wildlife Service, Division of Migratory on Friday, July 11, 2003. Minutes of the meeting will be Bird Management, 4401 North Fairfax ADDRESSES: The Mississippi River Basin maintained by the Executive Secretary, Drive, Mail Stop MBSP–4107, Regional Panel meeting will be held at Aquatic Nuisance Species Task Force, Arlington, VA 22203. The DEA may also the Hilton Minneapolis/St. Paul Airport, Suite 810, 4401 North Fairfax Drive,
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Arlington, Virginia 22203–1622, and (a) Identifies priorities for the Great Minutes of the meeting will be will be available for public inspection Lakes Region with respect to aquatic maintained by the Executive Secretary, during regular business hours, Monday nuisance species; Aquatic Nuisance Species Task Force, through Friday. (b) Makes recommendations to the Suite 810, 4401 North Fairfax Drive, Dated: June 13, 2003. Task Force regarding programs to carry Arlington, Virginia 22203–1622, and out zebra mussel programs; Mamie Parker, will be available for public inspection (c) Assists the Task Force in during regular business hours, Monday Co-Chair, Aquatic Nuisance Species Task coordinating Federal aquatic nuisance Force, Assistant Director—Fisheries & Habitat through Friday. species program activities in the Great Conservation. Dated: June 13, 2003. Lakes region; [FR Doc. 03–16659 Filed 7–1–03; 8:45 am] (d) Coordinates, where possible, Mamie Parker, BILLING CODE 4310–55–M aquatic nuisance species program Co-Chair, Aquatic Nuisance Species Task activities in the Great Lakes region that Force, Assistant Director—Fisheries & Habitat are not conducted pursuant to the Conservation. DEPARTMENT OF THE INTERIOR Nonindigenous Aquatic Nuisance [FR Doc. 03–16660 Filed 7–1–03; 8:45 am] BILLING CODE 4310–55–M Fish and Wildlife Service Prevention and Control Act of 1990 (as amended, 1996); Aquatic Nuisance Species Task Force (e) Provides advice to public and Great Lakes Panel Meeting private individuals and entities INTERNATIONAL TRADE concerning methods of controlling COMMISSION AGENCY: Fish and Wildlife Service, aquatic nuisance species; and [Inv. No. 337–TA–482] Interior. (f) Submits an annual report ACTION: Notice of meeting. describing activities within the Great Certain Compact Disc and DVD Lakes region related to aquatic nuisance SUMMARY: Holders; Notice of Commission This notice announces a species prevention, research, and meeting of the Aquatic Nuisance Issuance of Limited Exclusion Order control. and Termination of Investigation Species (ANS) Task Force Great Lakes Topics to be addressed at the panel Panel. The Great Lakes Panel meeting meeting include: An update on panel AGENCY: International Trade will be held in conjunction with a products and activities; updates on Commission. workshop entitled ‘‘Rapid Response national issues such as the ANS Task ACTION: Notice. Plan for Great Lakes Aquatic Invasions’’. Force, the National Invasive Species The meeting topics are identified in the Council, and the National Aquatic SUMMARY: Notice is hereby given that SUPPLEMENTARY INFORMATION. Invasive Species Act; an update on the the U.S. International Trade DATES: The Great Lakes Panel will meet development of ballast water standards; Commission has issued a limited from 9 a.m. to 5 p.m. on Tuesday, July an update on the dispersal barrier exclusion order and terminated the 22, 2003, and from 8 a.m. to noon on project and related concerns on above-captioned investigation. Wednesday, July 23, 2003. The Rapid nonindigenous fish invasions; a FOR FURTHER INFORMATION CONTACT: Response workshop will be held from 1 discussion on the expansion of Ruffe Andrea Casson, Esq., Office of the p.m. to 5 p.m. on Wednesday, July 23, into Lake Michigan; a discussion on the General Counsel, U.S. International 2003, and from 8 a.m. to 4 p.m. on Panel priorities in areas of information, Trade Commission, 500 E Street, SW., Thursday, July 24, 2003. education, research coordination, and Washington, DC 20436, telephone (202) ADDRESSES: The Great Lakes Panel policy and legislation; and updates from 205–3105. Copies of the ALJ’s ID and all meeting and Rapid Response workshop the Information/Education Committee, other nonconfidential documents filed will be held at the Courtyard Marriott of the Research Coordination Committee, in connection with this investigation are Ann Arbor, 3205 Boardwalk, Ann and the Policy and Legislation or will be available for inspection Arbor, Michigan 48108. Phone (734) Committee. The agenda for the Rapid during official business hours (8:45 a.m. 995–5900. Response Workshop includes; an to 5:15 p.m.) in the Office of the FOR FURTHER INFORMATION CONTACT: overview of the need for early warning Secretary, U.S. International Trade Kathe Glassner-Shwayder, Project and rapid response to new invasive Commission, 500 E Street, SW., Manager, Great Lakes Commission, at species in the United States; an Washington, DC 20436, telephone 734–971–9135 or Sharon Gross, overview of ANS Task Force and (202)–205–2000. General information Executive Secretary, Aquatic Nuisance Federal perspectives on ANS Rapid concerning the Commission may also be Species Task Force at 703–358–2308 or response; an overview of the multi- obtained by accessing its Internet server by e-mail at: [email protected]. jurisdictional experience in (http://www.usitc.gov). The public SUPPLEMENTARY INFORMATION: Pursuant coordinating responses to chemical record for this investigation may be to section 10(a)(2) of the Federal spills as a model for ANS rapid viewed on the Commission’s electronic Advisory Committee Act (5 U.S.C. App. response; an overview on the role of docket (EDIS) at http://edis.usitc.gov. I), this notice announces a meeting of monitoring for early detection; Hearing-impaired persons are advised the Aquatic Nuisance Species Task discussions during breakout sessions on that information on this matter can be Force Great Lakes Panel. The Task Force communication, public outreach, obtained by contacting the was established by the Nonindigenous detection and monitoring, decision Commission’s TDD terminal on (202)– Aquatic Nuisance Prevention and support and scientific assessment, 205–1810. Control Act of 1990. management options, implementation, SUPPLEMENTARY INFORMATION: The The Great Lakes Panel, comprised of and adaptive management as Commission instituted this investigation representatives from federal, State, and components of a rapid response plan; on October 22, 2002, based on a local agencies and from private and an overview of the operational complaint filed by DuBois Limited of environmental and commercial challenges associated with developing the United Kingdom (‘‘DuBois’’) against interests, performs the following and implementing a rapid response eight respondents, including Wah-De activities: plan. Electron Co., Ltd of Taiwan (‘‘Wah-De’’)
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and Dragon Star Magnetics, Inc., of period shall be in the amount of 100 District Court for the District of Hong Kong (‘‘Dragon Star’’). The percent of entered value. Maryland. complaint alleged violations of section This action is taken under the The original consent decree, entered 337 of the Tariff Act of 1930 in the authority of section 337 of the Tariff Act on November 19, 1999, resolved the importation, sale for importation, or sale of 1930, 19 U.S.C. 1337, and § 210.16 of liability of the City of Baltimore, within the United States after the Commission’s Rules of Practice and Maryland (‘‘Baltimore’’) arising out of, importation of certain compact disc and Procedure, 19 CFR 210.16. and with respect to, the claims for relief DVD holders by reason of infringement Issued: June 26, 2003. asserted in the United States’ Complaint of U.S. Design Patent No. D441,212. On By order of the Commission. and Amended Complaints, and the State April 16, 2003, the Commission Marilyn R. Abbott, of Maryland’s Complaint in Intervention and Amended Complaints, in this determined not to review an initial Secretary. determination (Order No. 13) finding action. The United States and Maryland [FR Doc. 03–16718 Filed 7–1–03; 8:45 am] the two remaining respondents in this alleged that Baltimore violated the investigation, Wah-De and Dragon Star, BILLING CODE 7020–02–P Clean Water Act, 33 U.S.C. 1251 et seq., in default. All other respondents have and the terms and conditions of been terminated from the investigation National Pollutant Discharge INTERNATIONAL TRADE Elimination System (‘‘NPDES’’) permits, on the basis either of settlement COMMISSION agreements or the withdrawal of the by discharging excessive levels of allegations in the complaint as to them. [USITC SE–03–019] pollutants from Baltimore’s Ashburton On March 26, 2003, DuBois filed a Water Filtration Plant and Patapsco Sunshine Act Meeting declaration pursuant to section 337(g)(1) Wastewater Treatment Plant. and Commission rule 210.16(c)(1) As part of the settlement embodied in AGENCY HOLDING THE MEETING: United the Consent Decree, Baltimore agreed to seeking immediate entry of a limited States International Trade Commission. exclusion order against Wah-De and perform three Supplemental TIME AND DATE: July 9, 2003 at 11 a.m. Dragon Star. On April 22, 2003, the Environmental Projects (‘‘SEPs’’) PLACE pursuant to the work plans and Commission issued a Federal Register : Room 101, 500 E Street SW., schedules attached to the consent notice requesting briefing on the issues Washington, DC 20436, Telephone: decree as Appendix C and incorporated of default remedy, the public interest, (202) 205–2000. into the consent decree by reference. As and bonding. 68 FR 19848. On April 30, STATUS: Open to the public. set forth in the proposed Stipulated 2003 and May 6, 2003, DuBois and the MATTERS TO BE CONSIDERED: Amendment, the parties have agreed Commission investigative attorney, 1. Agenda for future meetings: none. upon an extension of the schedules for respectively, filed submissions on the 2. Minutes. these projects, to be enforceable by issues of remedy, the public interest, 3. Ratification List. specific per diem penalties for delay in and bonding. No other person or 4. Inv. Nos. AA1921–143 and 731– TA–343 (Review) (Remand) (Tapered performance. government agency filed a submission. The Department of Justice will receive Section 337(g)(1) of the Tariff Act of Roller Bearings from Japan)—briefing and vote. (The Commission is currently for a period of thirty (30) days from the 1930 provides that the Commission date of this publication comments shall presume the facts alleged in a scheduled to transmit its views on remand to the United States Court of relating to the Stipulated Amendment. complaint to be true, and upon request, Comments should be addressed to the issue a limited exclusion order if: (1) A International Trade on or before July 23, 2003.) Assistant Attorney General, complaint is filed against a person Environment and Natural Resources under section 337, (2) the complaint and 5. Outstanding action jackets: none. In accordance with Commission Division, P.O. Box 7611, U.S. a notice of investigation are served on Department of Justice, Washington, DC the person, (3) the person fails to policy, subject matter listed above, not disposed of at the scheduled meeting, 20044–7611, and should refer to United respond to the complaint and notice or States and the State of Maryland v. otherwise fails to appear to answer the may be carried over to the agenda of the following meeting. Mayor and City Council of Baltimore, complaint and notice, (4) the person Maryland, D.J. Ref. No. 90–5–1–1–4402. fails to show good cause why it should By order of the Commission. The Stipulated Amendment to not be found in default, and (5) the Issued: June 30, 2003. Consent Decree may be examined at the complainant seeks relief limited to that Marilyn R. Abbott, Office of the United States Attorney, person. Such an exclusion from entry Secretary to the Commission. District of Maryland, United States shall be issued unless, after considering Courthouse, 101 West Lombard Street, [FR Doc. 03–16935 Filed 6–30–03; 2:37 pm] the effect of such exclusion or order in Baltimore, MD 21201, and at U.S. light of the statutory public interest BILLING CODE 7020–02–P Environmental Protection Agency, factors, the Commission finds that the Region III, 1650 Arch Street, exclusion order should not be issued. Philadelphia, PA 19103. During the The Commission found that each of DEPARTMENT OF JUSTICE public comment period, the Consent the statutory requirements for the Notice of Lodging of Stipulated Decree may also be examined on the issuance of a limited exclusion order Amendment to Consent Decree Under following Department of Justice Web was met with respect to defaulting the Clean Water Act site, http://www.usdoj.gov/enrd/ respondents Wah-De and Dragon Star. open.html. A copy of the Consent The Commission further determined Notice is hereby given that on June Decree may also be obtained by mail that the public interest factors 17, 2003, a proposed Stipulated from the Consent Decree Library, P.O. enumerated in section 337(g)(1) did not Amendment to Consent Decree in Box 7611, U.S. Department of Justice, preclude the issuance of such relief. United States and the State of Maryland Washington, DC 20044–7611 or by Finally, the Commission determined v. Mayor and City Council of Baltimore, faxing or e-mailing a request to Tonia that bond under the limited exclusion Maryland, Civil Action No. Y–97–4185, Fleetwood ([email protected]), order during the Presidential review was lodged with the United States fax no. (202) 514–0097, phone
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confirmation number (202) 514–1547. In viable due to the closing of the facility DEPARTMENT OF JUSTICE requesting a copy, please enclose a in Moss Point, Mississippi. check in the amount of $2.25 (25 cents More specifically, the substitute SEP Notice of Lodging of Consent Decree per page reproduction cost) payable to is a reverse osmosis treatment process Pursuant to the Clean Air Act the U.S. Treasury. for drinking water systems in Moss Notice is hereby given, in accordance W. Benjamin Fisherow, Point, Mississippi that is designed to with that on June 18, 2003, the United Deputy Chief, Environmental Enforcement improve the taste, color and odor of States lodged a proposed Consent Section, Environment and Natural Resources drinking water. The substitute SEP will Decree with the United States District Division. provide substantial benefits to the Court for the Western District of [FR Doc. 03–16776 Filed 7–1–03; 8:45 am] community. Given the credit earned for Wisconsin, United States v. Northern BILLING CODE 4410–15–M the no longer viable SEP, Morton is States Power Co., a Wisconsin obligated to spend $9,434,537.00. If the corporation, doing business, as Xcel reverse osmosis system costs less than Energy, Case No. 03–C–0330–C (W.D. DEPARTMENT OF JUSTICE $9,434,537.00, Morton will pay the Wis.), under the Clean Air Act (‘‘CAA’’). difference to the United States and The proposed consent Decree resolves Notice of Lodging of Amendment to State, unless the parties agree on an specific allegations and claims of the Consent Decree Pursuant to the additional SEP to be funded with all or United States Against Northern States Resource Conservation and Recovery a portion of the balance. Power Co. (‘‘NSP’’), arising out of the Act (RCRA) The Department of Justice will company’s operation of an electricity In accordance with Departmental receive, for a period of thirty (30) days generating facility in La Crosse, policy, 28 CFR 50.7, notice is hereby from the date of this publication, Wisconsin. The French Island Plant is given that a proposed Amendment to comments relating to the proposed located on the Mississippi River at 200 Consent Decree entered on January 17, Amendment to Consent Decree. South Bainbridge Street, La Crosse, La 2001 in United States and State of Comments should be addressed to the Crosse County, Wisconsin, which is Mississippi v. Morton International, Assistant Attorney General, within the Western District of Inc., Civil Action No. 1:00–CV–501 BrR, Environment and Natural Resources Wisconsin. was lodged with the United States Division, P.O. Box 7611, U.S. The consent Decree requires NSP to District Court for the Southern District Department of Justice, Washington, DC install and operate pollution control of Mississippi, Biloxi Division on June 20044–7611. Each communication equipment on each municipal waste 13, 2003. should refer on its face to United States combustor (‘‘MWC’’) necessary to come The Consent Decree involved the and State of Mississippi versus Morton into compliance with emission limits settlement of claims brought by the International, Inc., DOJ No. 90–7–1– for large MWC’s, with the exception the United States and State pursuant the 06413. carbon monoxide (‘‘CO’’) emission Solid Waste Disposal Act, as amended The proposed Amendment to Consent limitation. NSP has already installed a by the Resource Conservation and Decree may be examined at the Office of dry lime injection scrubber and pulse jet Recovery Act (RCRA), 42 U.S.C. 6901 et the United States Attorney, Southern baghouse on each MWC, and installed a seq., as amended by the Hazardous and District of Mississippi, 808 Vieux Selective Noncatalytic Reduction Solid Waste Amendments of 1984 Marche, 2nd Floor, Biloxi, Mississippi process to control nitrous oxide (HSWA); the Safe Drinking Water Act 39530, and at the U.S. Environmental (‘‘NOX’’) emissions. NSP has also (SDWA), 42 U.S.C. 300f et seq.; the Protection Agency, Region 4 Office, 61 installed continuous emission Clean Water Act (CWA), 33 U.S.C. 1251 Forsyth Street, Atlanta, Georgia 30303. monitoring systems for both sulfur et seq.; the Clean Air Act (CAA), 42 During the public comment period, the dioxide (‘‘SO2’’) and NOX on each U.S.C. 7401 et seq.; the Emergency proposed Amendment may also be MWC. With the exception of the CO Planning and Community Right-To- examined on the following Department emission limitation, this pollution Know Act (EPCRA), 42 U.S.C. 11001 et of Justice Web site, http:/ control equipment has brought NSP into seq.; and the Comprehensive www.usdoj.gov/enrd/open.html. compliance with pollutant emission Environmental Response, A copy of the proposed Amendment limitations set forth in the large MWC Compensation, and Liability Act to Consent Decree may be obtained by regulations. (CERCLA), 42 U.S.C. 9601 et seq. The (1) mail from the Consent Decree In addition, NSP will complete all complaint also contained claims Library, P.O. Box 7611, U.S. Department training requirements no later than 6 brought under the Mississippi Solid of Justice, Washington, DC 20044–7611; months from the lodging date of the Waste Disposal Law of 1974, Miss. Code or by (2) faxing or emailing the request Consent Decree, and will comply with Ann. 17–17–1 et seq., the Mississippi to Tonia Fleetwood applicable recordkeeping and recording Air and Water Pollution Control Law, ([email protected]), U.S. requirements. It has also agreed to Miss. Code Ann. 49–17–1– et seq., and Department of Justice, fax number (202) implement a plan to minimize CO the organic act of the Commission and 616–6584; phone confirmation (202) emissions during the pendency of the of the Mississippi Department of 514–1547. In requesting a copy, please Decree. Environmental Quality (MDEQ), Miss. forward the request and a check in the NSP is currently unable to meet the Code Ann. 49–2–1 et seq. and sought amount of $6.25 (25 cents per page large MWC CO emission limitation of recovery of civil penalties and reproduction cost), made payable to the 100 ppmv consistently. On July 8, 2002, injunctive relief. The United States and U.S. Treasury. NSP submitted a Petition to EPA’s State sought the assessment of civil Administrator to modify the CO penalties and injunctive relief. The Bruce S. Gelber, emission limitation in the large MWC proposed and agreed upon Amendment Section Chief, Environmental Enforcement regulations. The Consent Decree would modify the Consent Decree by Section, Environment and Natural Resources requires that, during the pendency of substituting a drinking water Division. the petition, NSP undertake significant supplemental environmental project [FR Doc. 03–16775 Filed 7–1–03; 8:45 am] steps to minimize the potential for CO (SEP) for a SEP which was no longer BILLING CODE 4416–IS–M exceedences. NSP is also required to
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report any CO emission limitation DEPARTMENT OF JUSTICE Overview of this information exceedance. Moreover, if EPA does not collection: agree to modify the CO emission Federal Bureau of Investigation (1) Type of Information Collection: limitation included in the large MWC Reinstatement, without change, of a Agency Information Collection regulations, the Consent Decree reserves previously approved collection for Activities: Proposed Collection; which approval has expired. EPA’s right to requires NSP to install Comments Requested further control equipment upgrades or (2) Title of the Form/Colllection: Cost Recovery Regulations, Communications other facility changes necessary to ACTION: 60-Day Notice of Information Assistance for Law Enforcement Act of comply with the then applicable CO Collection Under Review; 1994. emission limit. Reinstatement, without change, of a (3) Agency form number, if any, and Under the terms of the proposed previously approved collection for the applicable component of the settlement, NSP will pay a civil penalty which approval has expired; Cost Department sponsoring the collection: Recovery Regulations, Communications of $500,000 to the United States. None. Federal Bureau of Investigation, Assistance for Law Enforcement Act of United States Department of Justice. The Department of Justice will accept 1994. written comments relating to the (4) Affected public who will be asked or required to respond, as well as a brief proposed Consent Decree for 30 days The Department of Justice (DOJ), abstract: Primary: Business or other for- after publication of this Notice. Federal Bureau of Investigation has profit. Other: None. This collection is Comments should be addressed to the submitted the following information collection request to the Office of facilitated by the procedures whereby Assistant Attorney General, telecommunications carriers can recover Environment and Natural Resources Management and Budget (OMB) for review and approval in accordance with the costs associated with complying Division, United States Department of the Paperwork Reduction Act of 1995. with the Communications Assistance for Justice, P.O. Box 7611, Ben Franklin The proposed information collection is Law Enforcement Act, which went into Station, Washington, DC 20044–7611, published to obtain comments from the effect on October 25, 1994. and should refer to United States v. public and affected agencies. Comments (5) An estimate of the total number of NSP, Case Number 03–C–0330–C (W.D. are encouraged and will be accepted for respondents and the amount of time Wis.), DJ Ref. #90–5–2–1–07638. The ‘‘sixty days’’ until September 2, 2003. estimated for an average respondent to proposed Consent Decree may be This process is conducted in accordance respond/reply: The average time burden examined at the Office of the United with 5 CFR 1320.10. of the approximately 3,000 respondents States Attorney for the Western District If you have comments especially on to provide the information requested is of Wisconsin, Madison, Wisconsin, and the estimated public burden or approximately four hours per at the Regional 5 Office of the United associated response time, suggestions, telecommunications switch. States Environmental Protection or need a copy of the proposed (6) An estimate of the total public Agency, 77 West Jackson Boulevard, information collection instrument with burden (in hours) associated with the Chicago, Illinois 60604. During the instructions or additional information, collection: The total annual hour Public comment period, the Consent please contact Porter Dunn, (703) 814– burden, to provide the information Decree may also be examined on the 4902, Federal Bureau of Investigation, necessary to file a claim under the Cost Recovery Regulation, is approximately following Department of Justice Web U.S. Department of Justice, TCAU, 46,000 annual burden hours. site, http://www.usdoj.gov/enrd/ 14800 Conference Center Drive, Suite 300 Chantilly, VA 20151. If additional information is required open.html. A copy of the proposed Written comments and suggestions contact: Brenda E. Dyer, Deputy consent decree may also be obtained by from the public and affected agencies Clearance Officer, Information mail from the U.S. Department of concerning the proposed collection of Management and Security Staff, Justice Justice, Consent Decree Library, P.O. information are encouraged. Your Management Division, United States Box 7611, Washington, DC 20044–7611 comments should address one or more Department of Justice, Suite 1600, 601 D or by faxing a request to Tonia of the following four points: Street NW., Washington, DC 20530. Fleetwood ([email protected]), (1) Evaluate whether the proposed Dated: June 26, 2003. fax no. (202) 514–0097, phone collection information is necessary for Brenda E. Dyer, confirmation number (202) 514–1547. In the proper performance of the functions Deputy Clearance Officer, Department of requesting a copy, please enclose a of the agency, including whether the Justice. information will have practical utility; check for reproduction costs (at 25 cents [FR Doc. 03–16635 Filed 7–1–03; 8:45 am] per page) in the amount of $8.75 for the (2) Evaluate the accuracy of the BILLING CODE 4410–02–M decree, payable to the United States agencies estimate of the burden of the Treasury. proposed collection of information, including the validity of the William D. Brighton, methodology and assumptions used; DEPARTMENT OF LABOR (3) Enhance the quality, utility, and Assistant Chief, Environmental Enforcement Office of the Secretary Section, Environment and Natural Resources clarity of the information to be Division. collected; and Submission for OMB Review; [FR Doc. 03–16777 Filed 7–1–03; 8:45 am] (4) Minimize the burden of the Comment Request BILLING CODE 4410–15–M collection of information on those who are to respond, including through the June 25, 2003. use of appropriate automated, The Department of Labor (DOL) has electronic, mechanical, or other submitted the following public technological collection techniques or information collection request (ICR) to other forms of information technology, the Office of Management and Budget e.g., permitting electronic submission of (OMB) for review and approval in responses. accordance with the Paperwork
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Reduction Act of 1995 (Pub. L. 104–13, The OMB Is Particularly Interested in use of appropriate automated, 44 U.S.C. Chapter 35). A copy of this Comments Which electronic, mechanical, or other ICR, with applicable supporting • Evaluate whether the proposed technological collection techniques or documentation, may be obtained by collection of information is necessary other forms of information technology, calling the Department of Labor. To for the proper performance of the e.g., permitting electronic submission of obtain documentation contact Darrin functions of the agency, including responses. King on (202) 693–4129 (this is not a whether the information will have Agency: Occupational Safety and toll-free number) or E-Mail: practical utility; Health Administration. [email protected]. • Evaluate the accuracy of the Title: Personal Protective Equipment Comments should be sent to Office of agency’s estimate of the burden of the for General Industry. Information and Regulatory Affairs, proposed collection of information, OMB Number: 1218–0205. Attn: OMB Desk Officer for the including the validity of the Frequency: On occasion. Occupational Safety and Health methodology and assumptions used; Administration (OSHA), Office of • enhance the quality, utility, and Type of Response: Recordkeeping. Management and Budget, Room 10235, clarity of the information to be Affected Public: Business or other for- Washington, DC 20503 ((202) 395–7316/ collected; and profit; Not-for-profit institutions; this is not a toll-free number), within 30 • minimize the burden of the Federal Government; and State, Local or days from the date of this publication in collection of information on those who Tribal Government. the Federal Register. are to respond, including through the Number of Respondents: 33,200,000.
Average re- Information collection requirement Annual sponses Annual burden response time hours (hours)
Assessment of Workplace Hazards—29 CFR 1910.132(d)(1) ...... 169,600 1.00 169,600 Firms with 1–19 Employee ...... 76,320 3.00 228,960 Firms with 20–99 Employee ...... 76,320 10.00 763,200 Firms with 100–249 Employee...... 8,480 19.00 161,120 Firms with 250 or More Employee ...... 8,480 29.00 245,920 Written Certification of Assessment—29 CFR 1910.132(d)(2) ...... 640,000 1.00 640,000 Certification of PPE Training—29 CFR 1910.132(f)(4) ...... Maintain Employee Certification Record (all employees) ...... 33,200,000 0.02 664,000 Generate and Maintain Training Documentation for New/Retrained Employee ...... 7,968,000 0.05 398,400 Re-training and Recertification ...... 1,328,000 0.05 66,400 Disclose Training Certification Record to OSHA During and Inspection ...... 44,800 0.03 1,344
Total ...... 43,350,400 ...... 3,169,344
Total Annualized capital/startup include the name of the employee(s) DEPARTMENT OF LABOR costs: $0. trained, the date of training, and the Total annual costs (operating/ subject of the certification (i.e., a Office of the Secretary maintaining systems or purchasing statement identifying the document as a services): $0. certification of training in the use of Submission for OMB Review; Description: The collections of PPE). The hazard assessment assures Comment Request information in the standard are that the PPE selected is appropriate for June 25, 2003. necessary for implementation of the the hazards present in the workplace. The Department of Labor (DOL) has requirements of the standard. The The certification required with the submitted the following public Standard specifies several paperwork hazard assessment verifies that the information collection requests (ICRs) to requirements. The following sections hazard assessment was conducted. The describe the information collection the Office of Management and Budget training certification verifies that (OMB) for review and approval in requirements and who will use the employees have received the necessary information. accordance with the Paperwork training involving PPE. OSHA Paragraph 1910.132(d)(1) requires Reduction Act of 1995 (Pub. L. 104–13, compliance officers may require employers to perform a hazard 44 U.S.C. Chapter 35). A copy of each employers to disclose the certification assessment of the workplace to individual ICR, with applicable determine if personal protective records during an Agency inspection. supporting documentation, may be equipment (PPE) is necessary. Paragraph Ira L. Mills, obtained by calling the Department of (d)(2) requires employers to certify that Labor. To obtain documentation, contact Departmental Clearance Officer. Darrin King on 202–693–4129 (this is a hazard assessment has been [FR Doc. 03–16704 Filed 7–1–03; 8:45 am] performed. The signed certification not a toll-free number) or E-Mail: must include the date the hazard BILLING CODE 4510–26–P [email protected]. assessment was conducted and the Comments should be sent to Office of identification of the workplace Information and Regulatory Affairs, evaluated (area or location). Attn: OMB Desk Officer for the Mine Paragraph 1910.132 (f)(4) requires Safety and Health Administration employers to certify that employees (MSHA), Office of Management and have received and understood PPE Budget, Room 10235, Washington, DC training. The training certification must 20503 (202–395–7316 this is not a toll-
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free number), within 30 days from the including the validity of the Agency: Mine Safety and Health date of this publication in the Federal methodology and assumptions used; Administration. Register. • Enhance the quality, utility, and Type of Review: Extension of a The OMB is particularly interested in clarity of the information to be currently approved collection. comments which: collected; and • • Title: Notification of Methane Evaluate whether the proposed Minimize the burden of the Detected in Mine Atmosphere. collection of information is necessary collection of information on those who OMB Number: 1219–0103. for the proper performance of the are to respond, including through the functions of the agency, including use of appropriate automated, Frequency: On occasion and Weekly. whether the information will have electronic, mechanical, or other Type of Response: Recordkeeping and practical utility; technological collection techniques or Reporting. • Evaluate the accuracy of the other forms of information technology, Affected Public: Business or other for- agency’s estimate of the burden of the e.g., permitting electronic submission of profit. proposed collection of information, responses. Number of Respondents: 8.
Average Annual response Annual Information collection requirement Frequency responses time burden (hours) hours
Notifying MSHA ...... On occasion ...... 1 0.25 0.25 Weekly Certification Record ...... Weekly ...... 364 0.08 30 Notifying Miners of Hazardous Conditions ...... On occasion ...... 7 0.17 1
Grand Total ...... 372 ...... 31
Total Annualized capital/startup II–B, V–B, or Category VI mine; If for MSHA inspectors. Where costs: $0. methane reaches 2.0 percent in a examinations disclose hazardous Total annual costs (operating/ Category IV mine; or methane reaches conditions, affected miners must be maintaining systems or purchasing 0.25 percent in the mine atmosphere of informed. services): $0. a Subcategory I–B, II–B, V–B, and VI Agency: Mine Safety and Health Description: 30 CFR 57.22004(c), mines, MSHA shall be notified Administration. 57.22231, and 57.22239 require immediately. underground metal and nonmetal mines 30 CFR 57.22229 and 57.22230 Type of Review: Extension of a operators to notify MSHA as soon as require that the mine atmosphere be currently approved collection. possible if any of the following events tested for methane by a competent Title: Safety Standards for Roof Bolts occurs: (a) There is an outburst that person or atmospheric monitoring in Metal and Nonmetal Mines and results in 0.25 percent or more methane system at least once every seven days, Underground Coal Mines. in the mine atmosphere; (b) there is a or a combination of both. Standards OMB Number: 1219–0121. blowout that results in 0.25 percent or 57.22229(d) and 57.22230(c) require that Frequency: On occasion; Quarterly; more methane in the mine atmosphere; the person performing the tests certify and Semi-annually. (c) there is an ignition of methane; (d) by signature and date that the tests have air sample results indicate 0.25 percent been conducted. Certifications of Type of Response: Recordkeeping. or more methane in the mine examinations shall be kept for at least Affected Public: Business or other for- atmosphere of a Subcategory I–B, I–C, one year and made available at the mine profit.
Average Number of Annual response Annual Information collection requirement respondents responses time burden (hours) hours
M/NM Surface ...... 20 40 0.05 2 M/NM Underground ...... 180 720 0.05 36 Coal Underground ...... 893 3,572 0.05 179
Grant Total ...... 1,093 4,332 ...... 217
Total Annualized capital/startup Materials specifications and make the NATIONAL COMMUNICATIONS costs: $0. certification available to an authorized SYSTEM Total annual costs (operating/ representative of the Secretary. maintaining systems or purchasing National Security Telecommunications services): $0. Ira L. Mills, Advisory Committee Description: 30 CFR 56.3203(a), Departmental Clearance Officer. 57.3203(a), and 75.204(a) require mine [FR Doc. 03–16705 Filed 7–1–03; 8:45 am] AGENCY: National Communications System (NCS). operators to obtain certification from the BILLING CODE 4510–43–M manufacturer that roof and rock bolts ACTION: Notice of meeting. and accessories are manufactured and tested in accordance with applicable SUMMARY: A meeting of the President’s American Society for Testing and National Security Telecommunications
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Advisory Committee will be held via Submit, by (September 2, 2003), Branch, U.S. Nuclear Regulatory conference call on Wednesday, July 14, comments that address the following Commission, Washington, DC 20555– 2003, from 11 a.m. to 1 p.m. The questions: 0001. Mr. Boyce may be reached at (301) conference call will be closed to the 1. Is the proposed collection of 415–1130 or by e-mail at [email protected]. public to allow for oral discussion on a information necessary for the NRC to DATES: The workshop will be held on pre-decisional Government document properly perform its functions? Does the July 30, 2003, from 8:30 a.m. to 2:30 titled ‘‘Physical Security Assessment of information have practical utility? p.m. 2. Is the burden estimate accurate? Cyber Assets’’, which is related to ADDRESSES: 3. Is there a way to enhance the The workshop will be held vulnerabilities of physical assets. in Room O–7B4 at the U.S. Nuclear FOR FURTHER INFORMATION CONTACT: quality, utility, and clarity of the information to be collected? Regulatory Commission in the One Telephone Ms. Marilyn Witcher, (703) White Flint North Building, 11545 607–6214, or write the Manager, 4. How can the burden of the information collection be minimized, Rockville Pike, Rockville, Maryland. National Communications System, 701 The workshop will focus on the including the use of automated South Court House Roads, Arlington, technical approach and characteristics collection techniques or other forms of Virginia 22204–2198. discussed in the draft report information technology? ‘‘Development of an Integrated Industry Nicholas E. Andre, A copy of the draft supporting Initiating Events Indicator.’’ The draft statement may be viewed free of charge Federal Register Liaison Officer, National report is available for public inspection Communications System. at the NRC Public Document Room, One in the NRC Public Document Room White Flint North, 11555 Rockville [FR Doc. 03–16706 Filed 7–1–03; 8:45 am] located at One White Flint North, 11555 Pike, Room O–1 F21, Rockville, MD BILLING CODE 5001–08–M Rockville Pike, Public File Area O1 F21, 20852. OMB clearance requests are Rockville, Maryland, or from the available at the NRC worldwide Web Publicly Available Records (PARS) site: http://www.nrc.gov/public-involve/ NUCLEAR REGULATORY component of NRC’s Agencywide doc-comment/omb/index.html. The COMMISSION Document Access and Management document will be available on the NRC System (ADAMS), (ADAMS # Agency Information Collection home page site for 60 days after the ML031750752). ADAMS is accessible Activities: Proposed Collection; signature date of this notice. from the NRC Web site at http://www. Comment request Comments and questions about the information collection requirements nrc.gov/NRC/ADAMS/index.html (the AGENCY: U.S. Nuclear Regulatory may be directed to the NRC Clearance Public Electronic Reading Room). For Commission (NRC). Officer, Brenda Jo. Shelton, U.S. Nuclear more information, contact the NRC ACTION: Notice of pending NRC action to Regulatory Commission, T–5 C3, Public Document Room (PDR) reference submit an information collection Washington, DC 20555–0001, by staff at 1–800–397–4209, 301–415–4737 request to OMB and solicitation of telephone at (301) 415–7233, or by or by email to [email protected]. Those who are unable to attend in public comment. Internet electronic mail to person may send written comments on [email protected]. SUMMARY: The NRC is preparing a the draft report to: Chief, Rules and submittal to OMB for review of Dated at Rockville, Maryland, this 25th day Directives Branch, Division of continued approval of information of June 2003. Administrative Services, Office of For the Nuclear Regulatory Commission. collections under the provisions of the Administration, Mail Stop T6–D59, U.S. Paperwork Reduction Act of 1995 (44 Brenda Jo. Shelton, Nuclear Regulatory Commission, U.S.C. Chapter 35). NRC Clearance Officer, Office of the Chief Washington, DC 20555–0001. Information Officer. Comments may be hand-delivered to the Information Pertaining to the [FR Doc. 03–16702 Filed 7–1–03; 8:45 am] NRC at 11545 Rockville Pike, Rockville, Requirement To Be Submitted BILLING CODE 7590–01–P Maryland, between 7:45 a.m. and 4:15 1. The title of the information p.m. on Federal workdays. Comments collection: NRC Form 171, ‘‘Duplication may be submitted by Email at Request’’. NUCLEAR REGULATORY [email protected]. All comments received 2. Current OMB approval number: COMMISSION by the Commission, including comments made by Federal, State, and OMB 3150–0066. Workshop on the Industry Initiating local agencies, Indian tribes, or other 3. How often the collection is Events Performance Indicator for the interested persons, will be made required: On occasion. Industry Trends Program 4. Who is required or asked to report: available electronically at the Individuals or companies requesting AGENCY: Nuclear Regulatory Commission’s PDR in Rockville, duplication of NRC documents. Commission. Maryland, or from the PARS component 5. The number of annual respondents: ACTION: Notice of workshop. of ADAMS. 15,800. SUPPLEMENTARY INFORMATION: 6. The number of hours needed SUMMARY: The Nuclear Regulatory The IIEPI is being developed as part annually to complete the requirement or Commission (NRC) is holding a of the NRC’s Industry Trends Program request: 1,883 hours. workshop on issues related to the (ITP) to provide a more risk-informed 7. Abstract: This form is utilized by Industry Initiating Events Performance indicator of the industry safety individual members of the public Indicator (IIEPI) for the NRC’s Industry performance of operating power reactors requesting reproduction of publicly Trends Program (ITP). The public for initiating events. The indicators in available documents in NRC’s workshop is being held to discuss the the ITP are used by the NRC to report Headquarters Public Document Room. technical approach and characteristics to Congress on industry safety Copies of the form are utilized by the of the IIEPI. performance as part of NRC’s annual reproduction contractor to accompany FOR FURTHER INFORMATION, CONTACT: Performance and Accountability Report. the orders and are then discarded. Thomas H. Boyce, Inspection Program Information on the ITP may be found in
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SECY–03–0057, ‘‘FY 2002 Results of the I. Self-Regulatory Organization’s employee’s Exchange identification Industry Trends Program for Operating Statement of the Terms of Substance of badge to the Exchange [together with Power Reactors and Status of Ongoing the Proposed Rule Change the Form U–5]. For purposes of this Development,’’ which is available The Exchange proposes to amend Commentary .01, the term ‘‘trading electronically on the NRC’s Web page at Exchange Rules 340, Disapproval of floor’’ includes, but is not limited to, http://www.nrc.gov/reading-rm/doc- Employees, and 341, Approval of any space provided to members and collections/commission/secys/2003/. Registered Employees and Officers, and their employees for the resolution of The draft technical report describes to adopt new Exchange Rule 359, errors. the technical approach and Application and Termination Forms .02 through .04. No change. characteristics of the IIEPI, as well as an (Forms U–4 and U–5), to provide for the .05 Transition to Web CRD.— approach to establishing thresholds for processing of the Uniform Application Members and member organizations the indicator. The following topics in for Securities Industry Registration or must electronically file a Form U–4 with the draft report will be discussed during Transfer (‘‘Form U–4’’) and the Uniform NASD’s Web-based Central Registration the workshop: Termination Notice for Securities Depository (CRD) system on or before such time as may be specified by the • Industry Trends Program and Industry Registration (‘‘Form U–5’’) by Exchange for each of their employees Framework for IIEPI the National Association of Securities (including members ) who have access • Dealers, Inc.’’s (‘‘NASD’s’’) Web Central Technical Approach to IIEPI to the trading floor. • Registration Depository (‘‘Web CRD’’) IIEPI Characteristics system for all individuals required to be • Rule 341 Approval of Registered Technical Discussion registered with or approved by the Employees and Officers—(a) and (b) No • Implementation Discussion Exchange.3 Proposed new text is change. italicized and proposed deleted text is Dated at Rockville, Maryland, this 25th day Commentary of June 2003. [bracketed] below. For the Nuclear Regulatory Commission. * * * * * .01 Natural Persons Required to be Registered or Approved—Although the Stuart A. Richards, Rule 340 Disapproval of Employees— employment of each employee of a Chief, Inspection Program Branch, Division No change. of Inspection Program Management, Office member or member organization is of Nuclear Reactor Regulation. Commentary subject to disapproval by the Exchange, [FR Doc. 03–16701 Filed 7–1–03; 8:45 am] .01 Any employee or prospective only (i) registered representatives, (ii) BILLING CODE 7590–01–P employee of a member or member securities lending representatives, (iii) organization who is to be admitted to securities traders or (iv) a direct the trading floor must be registered and supervisor of (i), (ii) or (iii) above (see approved by the Exchange’s. To become definitions 6, 7 and 8, General and Floor SECURITIES AND EXCHANGE registered, such employee or Rules), must be registered and COMMISSION prospective employee must approved. Note that a natural person electronically file [submit] an who performs the duties normally [Release No. 34–48067; File No. SR–Amex– application on the Uniform Application performed by a (i) registered 2003–48] for Securities Industry Registration or representative, (ii) securities lending Transfer (‘‘Form U–4’’) and any representative or (iii) securities trader is Self-Regulatory Organizations; Notice amendment thereto to the Central also subject to this Rule, of Filing and Immediate Effectiveness Registration Depository. All employees notwithstanding such natural person’s of Proposed Rule Change by the and prospective employees of members assertion of ‘‘independent contractor’’ American Stock Exchange LLC and member organizations who have status. (See Rule 341B). The Relating to the Amendment of submitted applications for admission to requirements for persons seeking Exchange Rules 340 and 341 and the the trading floor are required to be Exchange approval as regular member, Adoption of New Exchange Rule 359 fingerprinted and to submit, or cause to options principal members, allied To Provide for the Processing of be submitted, such fingerprints to the members, partners, approved persons Forms U–4 and U–5 by the NASD’s Exchange or its designee for and subordinated lenders are set forth in Web CRD System identification and appropriate Article IV, Section 2 of the Constitution processing. Members and member and Rules 300, 301, 310, 311, 312, 317, June 19, 2003. organizations are required to 318 and 470. Such persons must file Pursuant to section 19(b)(1) of the electronically file [submit] a Uniform forms prescribed by the Exchange Securities Exchange Act of 1934 Termination Notice for [of] Securities [which are available from the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Industry Registration (‘‘Form U–5’’) and Membership Services Division]. notice is hereby given that on May 23, any amendment thereto to the Central Any person who prior to June 1, 1970, 2003, the American Stock Exchange LLC Registration Depository [to the was an allied member of the Exchange, (‘‘Amex’’ or ‘‘Exchange’’) filed with the Exchange’s Membership Services in good standing, and who as of June 1, Securities and Exchange Commission Department] within 10 days of the date 1970, ceases to meet the definition of an (‘‘SEC’’ or ‘‘Commission’’) the proposed of termination of an employee that has allied member shall automatically cease rule change as described in Items I, II, been approved for admission to the his status as an allied member and may and III below, which Items have been trading floor. Members and member upon execution of such agreements as prepared by the Amex. The Commission organizations also are responsible for may be required by the Exchange is publishing this notice to solicit obtaining and submitting a terminated qualify as a registered representative, comments on the proposed rule change supervisory person or officer. Any from interested persons. 3 In connection with the instant proposal, the person who was an allied member in Exchange filed an effective on filing rule proposal good standing prior to June 1, 1970, but related to fee schedule changes for Form U–4 and 1 15 U.S.C. 78s(b)(1). Form U–5 processing. See Securities Exchange Act does not meet the definition of allied 2 17 CFR 240.19b–4. Release No. 48066 (File No. SR–Amex-2003–49). member as of June 1, 1970, may
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continue to perform those functions for (2) Study Guide for Registered Sections A, B, and C below, of the most his member corporation which he was Representative Examination. significant aspects of such statements. performing on June 1, 1970. (3) Study Guide for Branch Office A. Self-Regulatory Organization’s A ‘‘securities lending representative’’ Manager Examination. Statement of the Purpose of, and is defined as any person who has (4) Notice of Termination of Statutory Basis for, the Proposed Rule discretion to commit a member or Employment of Registered Employee— Change member organization with which he is Form U–5]. associated, as an employee or otherwise, .11 Filing With Designee [Agent].— 1. Purpose to any contract or agreement (written or Any filing or submission required under Amex Rule 340 currently requires oral) involving securities lending or this rule which is made with a properly Amex members and member borrowing activities with any other authorized designee [agent] acting on organizations to submit Forms U–4 and person. behalf of the Exchange shall for U–5 for their employees with access to A ‘‘securities trader’’ is defined as any purposes of this Rule be deemed to be the trading floor (e.g., members and person engaged in the purchase or sale a filing with the Exchange. clerks). The Exchange also has long of securities or other similar Rule 359. Application and Termination required persons who seek to become instruments for the account of a member Forms (Forms U–4 and U–5) members or to own a membership to or member organization with which he submit Form U–4 in connection with is associated, as an employee or (a) An individual who (i) seeks to their membership applications. These otherwise, and who does not transact become a regular, options principal, or forms currently are submitted to the any business with the public. associate member, (ii) seeks to become Exchange’s Membership Services .02 How to Register Employees or a limited trading permit holder, (iii) Division as paper documents. Obtain Approval of Officers.—To seeks to own a regular, options The Exchange now is proposing to register an employee or obtain the principal, associate membership or require all its members, member approval of an officer, the employer limited trading permit, or (iv) is or organizations and seat owners to use must electronically file an application should be an approved person or allied NASD’s Web CRD as the mechanism for on the Uniform Application for member shall electronically file a submitting required Forms U–4 and U– Securities Industry Registration or Uniform Application for Securities 5 filings to the Exchange. As a result of Transfer (‘‘Form U–4’’) and any Industry Registration or Transfer (Form this change, all persons that currently amendment thereto with NASD’s U–4) and any amendments thereto with would submit paper Forms U–4s and U– Central Registration Depository. [submit Central Registration Depository. A 5s to the Exchange would be required to the appropriate application form to the member or member organization that submit these forms electronically Membership Services Division, terminates a regular member, options through Web CRD. The CRD is a Web- Attention Registered Personnel Section. principal member, associate member, based system that provides broker- The application includes an agreement, allied member, limited trading permit dealers and their associated persons described in Commentary .08 below, holder or approved person shall with ‘‘one-stop filing’’ with the SEC, which the prospective registered electronically file within 10 days of such NASD, and other self-regulatory employee or officer must sign.] termination a Uniform Termination organizations and regulators. The CRD If the employer is a member of the Notice for Securities Industry is operated by NASD and is used by New York Stock Exchange, Inc., and Registration (Form U–5) with the Central participating regulators in connection application for the registration of an Registration Depository. A member or with registering and licensing broker- employee or the approval of an officer member organization shall dealers and their associated persons. is made to that exchange, the American electronically file with the Central The Exchange anticipates that, during Stock Exchange LLC [, Inc.,] application Registration Depository any the period between September 3 and [form] should be submitted concurrently amendments to Form U–5 within 10 September 19, 2003, Amex members with the submission of an application to days of the discovery of the information and member organizations will submit the New York Stock Exchange, Inc. and requiring the amendment. an updated Form U–4 to Web CRD for prompt notice should be furnished to (b) Transition to Web CRD—Regular all individuals who work on the trading the Exchange [Membership Services members, options principal members, floor who have not previously Division] of any action taken by the and limited trading permit holders must submitted a Form U–4 to Web CRD.4 New York Stock Exchange, Inc. with electronically file a Form U–4 with The proposed rule change also would respect to such application. NASD’s Central Registration Depository require individuals who (i) seek to .03 through .08—No change. system on or before such time as may become a regular, options principal, or .09 Termination of Employment.— be specified by the Exchange. associate member, (ii) seek to become a Members and member organizations * * * * * limited trading permit holder, (iii) seek must immediately inform the to own a regular, options principal, [Membership Services Division of the] II. Self-Regulatory Organization’s associate membership or limited trading Exchange of any termination of Statement of the Purpose of, and permit, or (iv) are or should be an employment of a member, registered Statutory Basis for, the Proposed Rule approved person or allied member, to employee or an officer, together with the Change electronically file a Form U–4 with Web reasons therefor. Such information is to In its filing with the Commission, the CRD. The Exchange believes that be submitted on Form U–5 within ten Amex included statements concerning automating the review of registration days of the date of termination. the purpose of, and the basis for, the applications and termination notices by .10 Rescinded [Additional proposed rule change and discussed any transitioning all Forms U–4 and U–5 Information.—The following material comments it received on the proposed may be obtained from the Registered rule change. The text of these statements 4 A number of individuals that work on the Section, Membership Services Division trading floor already have submitted Form U–4 to may be examined at the places specified Web CRD if they work for dual Amex/NASD of the Exchange: in Item IV below. The Amex has member firms and their job responsibilities require (1) Application forms. prepared summaries, set forth in registration with NASD.
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filings to Web CRD will enable the interest; (2) does not impose any SECURITIES AND EXCHANGE Exchange to perform more efficiently its significant burden on competition; and COMMISSION regulatory responsibilities with respect (3) does not become operative for 30 to members and member organizations days from the date of filing, or such [Release No. 34–48086; File No. SR–CHX– and, thereby, will ultimately enhance shorter time as the Commission may 2003–08] investor protection. designate if consistent with the The proposed amendments to Self-Regulatory Organizations; Order protection of investors and the public Approving Proposed Rule Change by Exchange Rules 340 and 341 and the interest; provided that the Exchange has adoption of Exchange Rule 359 are the Chicago Stock Exchange, given the Commission notice of its Incorporated Relating To Execution of intended to facilitate the transfer of all intent to file the proposed rule change required Forms U–4 and U–5 filings to Resting Limit Orders Following a at least five business days prior to the Primary Market Block Trade-Through Web CRD. The changes provide that the filing date of the proposed rule change filing of Forms U–4 and U–5 with a duly or the Commission waives such prior June 25, 2003. authorized designee of the Exchange notice. At any time within 60 days of On March 24, 2003, the Chicago Stock (i.e., NASD) would constitute the filing of such proposed rule change, Exchange, Inc. (‘‘CHX’’ or ‘‘Exchange’’) submission to the Exchange. The filed with the Securities and Exchange proposed amendments also would the Commission may summarily abrogate such rule change if it appears Commission (‘‘SEC’’ or ‘‘Commission’’), eliminate references to the Membership pursuant to section 19(b)(1) of the Services Division that would become to the Commission that such action is necessary or appropriate, in the public Securities Exchange Act of 1934 (the obsolete with the implementation of ‘‘Act’’),1 and Rule 19b–4 thereunder,2 a interest, for the protection of investors, filing with Web CRD. proposed rule change to eliminate the or otherwise in furtherance of the requirement that a CHX specialist fill 2. Statutory Basis purposes of the Act.9 resting limit orders at the block price The Exchange believes that the IV. Solicitation of Comments following a block trade trade-through in proposed rule change is consistent with 3 5 the primary market. The proposed rule section 6(b) of the Act, in general, and Interested persons are invited to change was published for comment in the provisions of section 6(b)(5) of the submit written data, views and 4 6 the Federal Register on May 13, 2003. Act, in particular, which requires, arguments concerning the foregoing, The Commission received no comments among other things, that the rules of an including whether the proposed rule on the proposal. This order approves the exchange be designed to prevent change is consistent with the Act. proposed rule change. fraudulent and manipulative acts and Persons making written submissions The Commission finds that the practices, to promote just and equitable should file six copies thereof with the proposed rule change is consistent with principles of trade, to remove Secretary, Securities and Exchange the requirements of the Act and the impediments to and perfect the Commission, 450 Fifth Street, NW., rules and regulations thereunder that mechanism of a free and open market are applicable to a national securities and a national market system, and, in Washington, DC 20549–0609. Copies of the submission, all subsequent exchange.5 Specifically, the general, to protect investors and the Commission finds that the proposal is public interest. amendments, all written statements with respect to the proposed rule consistent with the requirements of 6 B. Self-Regulatory Organization’s change that are filed with the section 6(b) of the Act, in general, and 7 Statement on Burden on Competition Commission, and all written section 6(b)(5) of the Act, in particular, which requires that the rule of the The Exchange does not believe that communications relating to the Exchange be designed to promote just the proposed rule change will result in proposed rule change between the and equitable principles of trade, to any burden on competition that is not Commission and any person, other than remove impediments and to perfect the necessary or appropriate in furtherance those that may be withheld from the mechanism of a free and open market of the purposes of the Act. public in accordance with the and a national market system, and, in C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be available for inspection and copying in Statement on Comments on the 1 15 U.S.C. 78s(b)(1). Proposed Rule Change Received From the Commission’s Public Reference 2 17 CFR 240.19b-4. Members, Participants, or Others Room. Copies of such filing will also be 3 If, however, a specialist is representing an order available for inspection and copying at in his or her quote that is traded through by a block No written comments were solicited the principal office of the Exchange. All trade from another market, and the specialist or received with respect to the proposed receives satisfaction from the other market, the submissions should refer to File No. rule change. specialist must give the higher price to the customer SR–Amex–2003–48 and should be order. Further, because specialists may wish to III. Date of Effectiveness of the submitted by July 23, 2003. continue filling such limit orders at the block price Proposed Rule Change and Timing for as a customer service accommodation, the proposed For the Commission, by the Division of rule change would permit a CHX specialist to Commission Action Market Regulation, pursuant to delegated continue to have the option to engage an existing authority.10 functionality of the Exchange’s MAX automatic The foregoing rule change has become execution system that automatically executes effective pursuant to section 19(b)(3)(A) Margaret H. McFarland, designated limit orders at the block price when a 7 8 of the Act and Rule 19b–4(f)(6) Deputy Secretary. block size trade-through occurs in the primary thereunder because the proposal: (1) market. [FR Doc. 03–16713 Filed 7–1–03; 8:45 am] 4 Does not significantly affect the See Securities Exchange Act Release No. 47800 BILLING CODE 8010–01–P (May 6, 2003), 68 FR 25667. protection of investors or the public 5 In approving the proposal, the Commission has considered the rule’s impact on efficiency, 5 15 U.S.C. 78f(b). competition, and capital formation. See 15 U.S.C. 6 15 U.S.C. 78f(b)(5). 9 See section 19(b)(3)(C) of the Act, 15 U.S.C. 78c(f). 7 15 U.S.C. 78s(b)(3)(A). 78s(b)(3)(C). 6 15 U.S.C. 78f(b). 8 17 CFR 240.19b–4(f)(6). 10 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78f(b)(5).
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general, to protect investors and the proposed rule change, as amended, was that the Exchange’s proposed revisions public interest. published for comment in the Federal to ISE Rule 720 establish specific and The Commission believes that Register on May 15, 2003.4 The objective criteria for determining when eliminating the requirement that a CHX Commission did not receive any a trade is an ‘‘obvious error.’’ The specialist fill resting limit orders at the comments on the proposed rule change. Commission also believes that the block price following a block trade On June 10, 2003, the ISE filed proposed amendments establish specific trade-through in the primary market Amendment No. 2 to the proposed rule and objective procedures governing the will permit specialists to handle block change.5 This order approves the adjustment or nullification of such orders more quickly and efficiently. proposed rule change, as amended, and trade. Based on representations by the notices and grants accelerated approval The Commission finds good cause for Exchange, the Commission believes that to Amendment No. 2. approving Amendment No. 2 to the proposed rule change prior to the this obligation was one the CHX II. Discussion and Commission thirtieth day after the date of assumed voluntarily in order to make its Findings market more attractive to sources of publication of notice thereof in the order flow. The Commission believes The Commission has reviewed Federal Register. Amendment No. 2 that the business decision to potentially carefully the proposed rule change and does not make any substantive changes forego order flow by no longer requiring finds that the proposed rule change is to the proposed rule text. It simply specialist to provide such protection to consistent with the requirements of the clarifies that an ‘‘erroneous buy block orders is a judgment the Act Act and the rules and regulations transaction’’ is one in which the price allows the CHX to make. thereunder applicable to a national paid by the person purchasing the 6 It is therefore ordered, pursuant to securities exchange. In particular, the option is erroneously high. Therefore, section 19(b)(2) of the Act,8 that the Commission finds that the proposed the Commission believes that granting proposed rule change (File No. SR– rule change is consistent with section accelerated approval of Amendment No. 7 CHX–2003–08) be, and hereby is, 6(b)(5) of the Act, which requires that 2 is appropriate and consistent with approved. the rules of an exchange be designed to section 6(b)(5)9 and section 19(b)10 of prevent fraudulent and manipulative the Act. For the Commission, by the Division of acts and practices, to promote just and Market Regulation, pursuant to delegated equitable principles of trade, to remove III. Solicitation of Comments authority.9 impediments to and perfect the Interested persons are invited to Margaret H. McFarland, mechanism for a free and open market submit written data, views, and Deputy Secretary. and a national market system, and, in arguments concerning the Amendment [FR Doc. 03–16715 Filed 7–1–03; 8:45 am] general, to protect investors and the No. 2, including whether Amendment BILLING CODE 8010–01–P public interest.8 No. 2 is consistent with the Act. Persons The Commission considers that in making written submissions should file most circumstances trades that are six copies thereof with the Secretary, SECURITIES AND EXCHANGE executed between parties should be Securities and Exchange Commission, COMMISSION honored. On rare occasions, the price of 450 Fifth Street, NW., Washington, DC [Release No. 34–48097; File No. SR–ISE– the executed trade indicates an 20549–0609. Copies of the submission, 2003–10] ‘‘obvious error’’ may exist, suggesting all subsequent amendments, all written that it is unrealistic to expect that the statements with respect to Amendment Self Regulatory Organizations; Order parties to the trade had come to a No. 2 that are filed with the Approving Proposed Rule Change and meeting of the minds regarding the Commission, and all written Notice of Filing and Order Granting terms of the transaction. In addition, in communications relating to Amendment Accelerated Approval to Amendment the Commission’s view, the No. 2 between the Commission and any No. 2 to the Proposed Rule Change by determination of whether such an person, other than those that may be the International Securities Exchange, ‘‘obvious error’’ has occurred should be withheld from the public in accordance Inc., Relating to Its Obvious Error Rule based on specific and objective criteria with the provisions of 5 U.S.C. 552, will and subject to specific and objective June 26, 2003. be available for inspection and copying procedures. The Commission believes at the Commission’s Public Reference I. Introduction Room. Copies of such filing will also be Sanow, Assistant Director, Division of Market On February 28, 2003, the Regulation (‘‘Division’’), Commission, dated April available for inspection and copying at International Securities Exchange, Inc. 30, 2003 (‘‘Amendment No. 1’’). In Amendment No. the principal office of the ISE. All (‘‘ISE’’ or ‘‘Exchange’’) filed with the 1, the ISE replaced the proposed rule text in its submissions should refer to File No. entirety. SR–ISE–2003–10 and should be Securities and Exchange Commission 4 See Securities Exchange Act Release No. 47817 submitted by July 23, 2003. (‘‘SEC’’ or ‘‘Commission’’), pursuant to (May 8, 2003), 68 FR 26336 (May 15, 2003) section 19(b)(1) of the Securities (‘‘Notice’’). IV. Conclusion Exchange Act of 1934 (‘‘Act’’),1 and 5 See letter from Michael Simon, Senior Vice For the reasons discussed above, the Rule 19b–4 thereunder,2 a proposed rule President and General Counsel, ISE, to Nancy Sanow, Assistant Director, Division, Commission, Commission finds that the proposal, as change to amend ISE Rule 720 relating dated June 9, 2003 (‘‘Amendment No. 2’’). In amended, is consistent with the Act and to obvious error transactions. On May 1, Amendment No. 2, the ISE amended proposed the rules and regulations thereunder. It 2003, the ISE submitted Amendment Supplementary Material .07 to ISE Rule 720 to clarify the definition of ‘‘erroneous buy is therefore ordered, pursuant to section No. 1 to the proposed rule change.3 The transaction.’’ 19(b)(2) of the Act,11 that the proposed 6 For a description of the proposed rule change, rule change (SR–ISE–2002–10), as 8 15 U.S.C. 78s(b)(2). see Notice, supra, n.4. 9 amended, be, and hereby is, approved, 9 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78f(b)(5). 1 15 U.S.C. 78s(b)(1). 8 In approving this proposed rule change, the 2 17 CFR 240.19b–4. Commission notes that it has considered the 9 15 U.S.C. 78f(b)(5). 3 See letter from Michael Simon, Senior Vice proposed rule’s impact on efficiency, competition, 10 15 U.S.C. 78s(b). President and General Counsel, ISE, to Nancy and capital formation. 15 U.S.C. 78c(f). 11 15 U.S.C. 78s(b)(2).
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and that Amendment No. 2 to the publishing this notice, as amended, to purposes or to comply with an order of proposed rule change be, and hereby is, solicit comments on the proposed rule an arbitrator or court. approved on an accelerated basis. change from interested persons. (3) The Association may reveal a For the Commission, by the Division of member’s identity on risk management I. Self-Regulatory Organization’s reports provided to the member’s contra Market Regulation, pursuant to delegated Statement of the Terms of Substance of 12 parties each day after 4 p.m., which authority. the Proposed Rule Change Margaret H. McFarland, disclose trading activity on an aggregate Deputy Secretary. Nasdaq is seeking to add a post-trade dollar value basis. [FR Doc. 03–16711 Filed 7–1–03; 8:45 am] anonymity feature to its SuperMontage * * * * * trading system. BILLING CODE 8010–01–P The text of the proposed rule change II. Self-Regulatory Organization’s is below. Proposed new text is italicized Statement of the Purpose of, and Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE and proposed deleted text is [bracketed]. Change COMMISSION * * * * * In its filing with the Commission, [Release No. 34–48088; File No. SR–NASD– 4712. Obligation To Honor System Nasdaq included statements concerning 2003–85] Trades the purpose of and basis for the Self-Regulatory Organizations; Notice (a) If an NNMS Participant, or proposed rule change and discussed any of Filing of Proposed Rule Change by clearing member acting on his behalf, is comments it received on the proposed the National Association of Securities reported by NNMS to clearing [at the rule change. The text of these statements Dealers, Inc. and Amendments No. 1 close of any trading day], or shown by may be examined at the places specified and 2 Thereto Relating to a Post-Trade the activity reports generated by NNMS in Item IV below. Nasdaq has prepared Anonymity Feature in SuperMontage as constituting a side of a System trade, summaries, set forth in sections A, B, such NNMS Participant, or clearing and C below, of the most significant June 25, 2003. member acting on his behalf, shall aspects of such statements. Pursuant to section 19(b)(1) of the honor such trade on the scheduled A. Self-Regulatory Organization’s Securities Exchange Act of 1934 settlement date. Statement of the Purpose of, and (‘‘Act’’)1 and Rule 19b–4 thereunder,2 (b) Nasdaq shall have no liability if an Statutory Basis for, the Proposed Rule notice is hereby given that on May 22, NNMS Participant, or a clearing Change 2003, the National Association of member acting on his behalf, fails to Securities Dealers, Inc. (‘‘NASD’’), satisfy the obligations in paragraph (a). 1. Purpose through its subsidiary, The Nasdaq 4719. Anonymity Nasdaq proposes to add a post-trade Stock Market, Inc. (‘‘Nasdaq’’), filed anonymity feature to SuperMontage in with the Securities and Exchange (a) Transactions executed in NNMS in response to demand from members. Commission (‘‘Commission’’) the which at least one member submits a Today, systems that provide automatic proposed rule change as described in Non-Attributable Quote/Order will be executions of orders for Nasdaq stocks Items I, II, and III below, which Nasdaq processed anonymously. The are commonplace and often it is the has prepared. On June 2, 2003, Nasdaq transaction reports will indicate the additional features offered by a system filed Amendment No. 1 to the proposed details of the transactions, but will not that determines whether market 3 rule change. On June 23, 2003, Nasdaq reveal contra party identities. participants send orders to that system filed Amendment No. 2 to the proposed (b)(1) The processing described in or a competing system. One such feature 4 rule change. The Commission is paragraph (a) shall not apply to valued by market participants today is transactions executed in NNMS when the ability to trade anonymously. When 12 17 CFR 200.30–3(a)(12). the member whose Quote/Order is a member seeks to trade anonymously, 1 15 U.S.C. 78s(b)(1). decremented is an Order-Delivery ECN it wants to prevent its contra party from 2 17 CFR 240.19b–4. that charges an access fee. 3 See Letter from Peter R. Geraghty, Associate knowing its identity. Vice President and Associate General Counsel, (2) Except as required to comply with Anonymity is important to market Nasdaq, to Terri Evans, Assistant Director, Division the request of a regulator, or as ordered participants because sometimes the of Market Regulation (‘‘Division’’), Commission, by a court or arbitrator, Order-Delivery identity of a party can reveal important dated May 29, 2003 (‘‘Amendment No. 1’’). In ECNs shall not disclose the identity of Amendment No. 1, the Nasdaq added rule language ‘‘market intelligence’’ and complicate a in paragraph (c) of NASD Rule 4719 that states that the member that submitted a Non- member’s ability to execute its customer the Nasdaq staff can limit a member’s ability to Attributable Quote/Order that orders. For example, if members see a submit anonymous orders upon request of the decremented the Order-Delivery ECN’s pattern in which a particular member is member’s firm. This provision was subsequently Quote/Order. actively buying a security, and it is withdrawn in Amendment No. 2. (c)(1) The Association may reveal a 4 See Letter from Peter R. Geraghty, Associate commonly known that this member Vice President and Associate General Counsel, member’s identity when the National handles the orders of several very large Nasdaq, to Terri Evans, Assistant Director, Division, Securities Clearing Corporation institutional customers, such as pension Commission, dated June 20, 2003 (‘‘Amendment (‘‘NSCC’’) ceases to act for a member, or funds or mutual funds, the other No. 2’’). In Amendment No. 2, the Nasdaq withdrew the member’s clearing firm, and NSCC the provision to restrict a member’s ability to members can adjust their trading submit anonymous orders upon request of the determines not to guarantee the strategy for that security in anticipation member’s firm in paragraph (c) of NASD Rule 4719. settlement of the member’s trades. of the strong demand that should Nasdaq also codified the proposal, through (2) The Association may reveal a develop as the member attempts to fill proposed paragraph (c) of NASD Rule 4719, to member’s identity for regulatory indicate that a member’s identity may be revealed: the order of one or more of its large (1) When the National Securities Clearing institutional customers. In such a Corporation (‘‘NSCC’’) ceases to act for a member identities of the members that execute anonymous scenario, the natural result is that the or the member’s clearing firm; (2) for regulatory trades through SuperMontage for six years in order purposes, or upon the order of a court or arbitrator; to satisfy members’ record keeping obligations price of the security increases and it and (3) after 4 p.m. on trade date on an aggregate under Securities Exchange Act Rules 17a–3(a)(1) becomes more expensive to fill the basis. Nasdaq also represented that it will retain the and 17a–4(a). order. This result commonly is referred
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to as ‘‘market impact.’’ Nasdaq believes The new full anonymity feature trades will be processed and settled post-trade anonymity diminishes market Nasdaq is proposing builds upon the through the NSCC.13 impact, which can help members satisfy pre-trade anonymity feature available The ACT reports that the NSCC their duty of best execution. today using the Non-Attributable Quote/ receives from Nasdaq for anonymous Presently, SuperMontage only offers a Order feature and extends the trades will contain the identities of the pre-trade anonymity feature for certain anonymity beyond the time of execution parties to the trade. This measure will trades, which means market participants by masking the identities of the enable the NSCC to continue its normal do not know the identities of the members executing the trade. As risk management functions and settle members entering orders, but their discussed above, currently a member’s anonymous trades just the same as those identities are revealed to each other identity is revealed immediately when a that are executed without the anonymity once a trade is executed.5 The post-trade Non-Attributable Quote/Order is feature, with one exception. The ACT anonymity feature, or ‘‘full anonymity’’ executed. SuperMontage produces an report sent to the NSCC will contain an feature, Nasdaq is proposing would indicator noting that the trade is reveal the members’ identities to each execution report that is sent to the parties to the trade and also creates a anonymous. The effect of this indicator other on a trade-by-trade basis in two is that, on the contract sheets the NSCC circumstances: (1) if the member whose report in Nasdaq’s Automated Confirmation Transaction Service issues to its participants, the NSCC will quote is hit (i.e., the party providing the substitute SIZE for the MPID of the (‘‘ACT’’). These reports contain the liquidity in the trade) is an ECN that contra party, in effect masking from MPIDs for the members that executed participates in SuperMontage as an members the identities of their contra the trade. Under the new proposal, NNMS Order-Delivery ECN that charges parties.14 The purpose of this masking is an access fee;6 or (2) the NSCC has when a member uses the Non- to preserve anonymity through ceased to act for the member involved Attributable Quote/Order feature, settlement. If the NSCC did not mask in the trade, or for the clearing firm of instead of revealing the members’ the contra party identities, the contract the member involved in the trade, and MPIDs, SuperMontage will substitute a sheets would reveal the identities of the the NSCC has decided not to guarantee four-letter identifier that indicates the parties to the trade and thus eliminate 7 10 the trades by the failed firm. The trade is anonymous (i.e., SIZE). the full anonymity feature. With this reasons and process for revealing the Therefore, instead of seeing its contra minor change, anonymity is preserved members’ identities in these party’s MPID on the reports, the reports through settlement. circumstances is different and will be will indicate SIZE as the contra party.11 Nasdaq also proposes to offer discussed in detail later. Nasdaq also Replacing the members’ MPIDs with additional risk management tools to proposes to provide members with SIZE does not alter how information is members to assist them in monitoring additional risk management tools to reported to the consolidated tape or their exposure to members they have complement the full anonymity feature. Nasdaq’s surveillance systems or the traded with on an anonymous basis. Nasdaq’s current pre-trade anonymity type of information reported to the Nasdaq has discussed its proposed full feature allows market makers, ECNs and consolidated tape or Nasdaq’s anonymity feature with several clearing Order Entry Firms to submit anonymous surveillance systems. In addition, firms in an attempt to balance members’ orders to SuperMontage for display clearing firms will continue to receive competing desires to trade anonymously under the ‘‘SIZE’’ market participant immediate notification of trades and monitor their exposure to other identifier (‘‘MPID’’).8 When a trade is executed by their correspondent firms,12 members. An execution system that executed with an order that resides and, except as described below, the new reveals a contra party’s identity under the SIZE MPID, the identity of the anonymity feature does not change how immediately when a trade is executed member that anonymously submitted the order is revealed immediately to the provides the maximum amount of other member involved in the trade— conversation with Peter R. Geraghty, Associate Vice information for risk management, but, of President and Associate General Counsel, Nasdaq, meaning anonymity is lost.9 course, such a system does not provide and Marc McKayle, Special Counsel, Division, the degree of anonymity desired to Commission, on June 24, 2003. 5 Members seeking pre-trade anonymity submit 10 With one exception, trades will be processed lessen market impact. On the other ‘‘Non-Attributable Quotes/Orders’’ to anonymously if one of the parties submits a Non- hand, a system that does not provide SuperMontage. The term ‘‘Non-Attributable Quote/ Attributable Quote/Order. Thus, a member’s trade any information with respect to the Order’’ is defined in Rule 4701(o) as ‘‘a bid or offer can be processed anonymously even if it did not identity of contra parties, which is Quote/Order that is entered by a Nasdaq Quoting request anonymity. As discussed in detail later, the Market Participant or NNMS Order Entry Firm and one exception is when the member whose quote is desirable for minimizing market impact, is designated for display (price and size) on an hit is an NNMS Order-Delivery ECN that charges a withholds useful risk management anonymous basis in the Nasdaq Order Display quote access fee. information. Ultimately, the information Facility.’’ 11 Nasdaq will know the identities of the members that provides market intelligence and 6 The term ‘‘NNMS Order-Delivery ECN’’ is executing an anonymous trade and will provide a creates market impact is one and the defined in Rule 4701(t)(2). ‘‘help desk’’ that members can call to assist them 7 A member’s identity will be available to other in resolving disputed anonymous trades. Currently, same as the information used in risk members on certain compliance report cards issued members would contact each other and directly by NASD’s Market Regulation Department. resolve disputed trades. 13 Nasdaq will not assume any responsibility to However, the report cards normally are not issued 12 When a correspondent firm executes an settle anonymous trades and the NSCC’s settlement until at least twenty-four days after trade date. In anonymous order in SuperMontage, its clearing guarantee and close-out procedures for failed firms addition, NASD may reveal a member’s identity to firm will continue to receive a real-time will not be affected by Nasdaq’s anonymity other members or others during a regulatory SuperMontage report and ACT report containing all proposal. Therefore, as required today by NASD investigation or a routine oversight exam. the trade details (e.g., the number of shares and the Rules 4712 and 6160, members will be obligated to 8 Market makers and ECNs may also display price of the trade), except the identity of the settle matched trades reported to the NSCC, Attributable Quotes/Orders under the market correspondent’s contra party. The details of including trades executed anonymously that have participant’s MPID. However, Order Entry Firms anonymous trades also will be included in ACT’s been matched and reported to the NSCC, but not can only post Non-Attributable Quotes/Orders for risk management tools. For example, anonymous yet guaranteed by the NSCC. Nasdaq will provide display in SuperMontage. See Securities Exchange trades will be included in the aggregate purchase members several tools to manage their exposure Act Release No. 47830 (May 12, 2003), 68 FR 27126 and sales calculations performed by ACT and will prior to the NSCC’s settlement guarantee attaching. (May 19, 2003). be included in calculations for determining whether These tools are described in detail later. 9 For the purpose of execution reports, Order a correspondent firm is approaching the trading 14 The NSCC issues contract sheets throughout Entry Firms have distinct MPIDs. Telephone thresholds defined by the clearing firm. the day.
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management. Therefore, Nasdaq’s other firm that clears through the by a court or arbitrator. Based on proposal provides anonymity but also participant, will not be able to continue conversations with ECNs, Nasdaq provides members with information that trading. understands that ECNs do not normally will allow members to continue to Fourth, once the NSCC has ceased to disclose contra party identities for any manage their risk. act for a participant and determined not trades executed through their systems Nasdaq is proposing to add four new to guarantee the settlement of the because such a practice would diminish measures that should help members participant’s trades, Nasdaq will the anonymity features they provide. monitor their exposure to other coordinate with the NSCC and promptly Therefore, Nasdaq believes the proposed members and take action quickly if a disclose to members each trade rule prohibiting disclosure of this contra party ceases operation. Nasdaq executed anonymously with the firm the information is consistent with existing believes that the first and second NSCC ceased to act for and any firms practices. measures will assist members directly in that cleared through that the NSCC their efforts to assess the risk associated participant.16 As described earlier, 2. Statutory Basis with their anonymous trading, whereas when the NSCC ceases to act for a Nasdaq believes that the proposed the third and fourth measures involve participant is one of the two general rule change, as amended, is consistent closer coordination between Nasdaq and scenarios in which Nasdaq will reveal with the provisions of section 15A(b)(6) the NSCC, which indirectly should contra party identities on a trade-by- of the Act.18 Section 15A(b)(6) requires benefit members trading anonymously. trade basis. This measure will allow the rules of the NASD to be designed to First, Nasdaq will provide members members to determine quickly their foster cooperation and coordination with an intra-day concentration report potential exposure from anonymous with persons engaged in regulating, that will disclose a member’s aggregate trades with the failed firm and its clearing, settling, processing dollar value of purchases and sales with correspondents and take any necessary information with respect to, and other members with whom it has traded risk-reducing actions. facilitating transactions in securities, to anonymously. This information will The second scenario in which Nasdaq remove impediments to and perfect the help members quantify their ‘‘worst case will reveal contra party identities on a mechanism of a free and open market scenario,’’ which would occur if one or trade-by-trade basis is when a member and a national market system, and, in all of their contra parties failed to settle whose Quote/Order is decremented (i.e., general, to protect investors and the all trades executed anonymously. With the liquidity providing member) is an public interest. Nasdaq believes the this information, members can Order-Delivery ECN that charges an proposal is consistent with this standard determine whether any risk-limiting access fee. The ultimate result is that because it balances two competing actions should be taken. members cannot trade with complete needs with respect to disclosure of Second, Nasdaq will reveal after 4 anonymity when accessing liquidity contra party information. Masking p.m. Eastern Time the identities of the provided by Order-Delivery ECNs that contra party identities will help members listed on the intra-day charge access fees. Trades executed with members in obtaining the best execution concentration report.15 With this these ECNs are processed differently for their customer orders by limiting the information, members will know the because they have the discretion to market intelligence that is obtained, and exact dollar value of their aggregate reject trades with certain contra parties the market impact that results, when a purchases and sales with individual if the ECN is in dispute with the contra seller’s or buyer’s identity is revealed. contra parties. This information then party concerning the ECN’s quote access Recognizing, however, that this same can be incorporated into a member’s fee. Therefore, to provide fee-charging information is helpful to members in risk management system and analyzed Order-Delivery ECNs with the assessing contra party risk, Nasdaq has on a contra party-by-contra party basis. opportunity to reject trades with certain responded by proposing additional risk If a member is concerned about trading members, Nasdaq must disclose each management features that should help with a particular member, the member contra party’s identity. Nasdaq believes members in monitoring trades executed will possess information that can help it that this process also will benefit anonymously. assess whether any risk-limiting actions members that execute trades with these Nasdaq also believes that the proposal should be taken. ECNs because the members will be able balances the need to provide an Third, Nasdaq will begin providing to track the access fee charges anonymity feature in SuperMontage and trade information to the NSCC in real accumulated with each ECN. the unique needs of Order-Delivery time as trades are executed in To preserve some degree of ECNs that charge quote access fees. The SuperMontage. In comparison, today anonymity, while also accommodating proposal will continue to provide fee- Nasdaq collects trade information and the unique rights and needs of these charging Order-Delivery ECNs with the sends it to the NSCC at five pre- ECNs, Nasdaq is proposing a rule that identities of their contra parties so that determined intervals throughout the would prohibit fee-charging Order- they have the information necessary to day. With real time submission, the Delivery ECNs from disclosing the decide whether to trade with an NSCC will possess trade information identity of the member that submitted individual member or reject an order within seconds after a trade is executed the Non-Attributable Quote/Order that because of a dispute regarding the and it can incorporate this information decremented their Quote/Order.17 The payment of fees. However, to limit the into its risk analysis of its participants. prohibition contains an exception, effect of the special processing on the Ultimately, this could result in the however, if the ECN is requested to anonymity provided by SuperMontage, NSCC reaching a decision earlier to provide such information to regulators Nasdaq is proposing to prohibit these cease to act for a participant, which or is ordered to disclose the information ECNs from disclosing the identities of would prevent other members from their contra parties for anonymous executing any additional trades with the 16 Id. trades, which Nasdaq understands is firm or a firm that clears through that 17 Non-Attributable Quotes/Orders contain an consistent with existing practices. Fee- participant. Once the NSCC ceases to act indicator noting that the order is to be processed charging Order-Delivery ECNs would be anonymously. As such, Order-Entry ECNs will be for a participant, that firm, and any able to distinguish Non-Attributable Quotes/Orders permitted to disclose this information if from those orders for which the prohibition will not 15 See Amendment No. 2, supra note 4. apply. 18 15 U.S.C. 78o–3(b)(6).
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requested by a regulator or ordered by For the Commission, by the Division of in the business of providing credit, a court or arbitrator. Market Regulation, pursuant to delegated financing, or loans, or other entity or authority.19 person that regularly arranges or B. Self-Regulatory Organization’s Margaret H. McFarland, extends credit in the ordinary course of Statement on Burden on Competition Deputy Secretary. business; (C) the customer and the Nasdaq does not believe that the [FR Doc. 03–16712 Filed 7–1–03; 8:45 am] registered person are both registered proposed rule change, as amended, will BILLING CODE 8010–01–P persons of the same member firm; (D) result in any burden on competition that the lending arrangement is based on a is not necessary or appropriate in personal relationship with the customer, SECURITIES AND EXCHANGE furtherance of the purposes of the Act. such that the loan would not have been COMMISSION solicited, offered, or given had the C. Self-Regulatory Organization’s [Release No. 34–48093; File No. SR–NASD– customer and the associated person not Statement on Comments on the 2003–92] maintained a relationship outside of the Proposed Rule Change Received From broker/customer relationship; or (E) the Members, Participants, or Others Self-Regulatory Organizations; Notice lending arrangement is based on a of Filing of Proposed Rule Change by business relationship outside of the Written comments were neither the National Association of Securities broker-customer relationship; and (3) solicited nor received. Dealers, Inc. To Adopt NASD Rule 2370 the member has pre-approved in writing III. Date of Effectiveness of the To Govern Certain Lending the lending or borrowing arrangement. Proposed Rule Change and Timing for Arrangements Between Registered (b) The term immediate family shall Commission Action Persons and Customers include parents, grandparents, mother- in-law or father-in-law, husband or wife, Within 35 days of the date of June 26, 2003. brother or sister, brother-in-law or sister- publication of this notice in the Federal Pursuant to section 19(b)(1) of the in-law, son-in law or daughter-in-law, Securities Exchange Act of 1934 children, grandchildren, cousin, aunt or Register or within such longer period (i) 1 2 as the Commission may designate up to (‘‘Act’’), and Rule 19b-4 thereunder, uncle, or niece or nephew, and shall 90 days of such date if it finds such notice is hereby given that on June 11, also include any other person whom the longer period to be appropriate and 2003, the National Association of registered person supports, directly or publishes its reasons for so finding or Securities Dealers, Inc. (‘‘NASD’’ or indirectly, to a material extent. ‘‘Association’’), filed with the Securities (ii) as to which NASD consents, the * * * * * Commission will: and Exchange Commission (‘‘Commission’’) the proposed rule II. Self-Regulatory Organization’s (A) by order approve the proposed change as described in Items I, II, and Statement of the Purpose of, and rule change, or III below, which Items have been Statutory Basis for, the Proposed Rule (B) institute proceedings to determine prepared by the NASD. The Change whether the proposed rule change Commission is publishing this notice to In its filing with the Commission, should be disapproved. solicit comments on the proposed rule NASD included statements concerning change from interested persons. IV. Solicitation of Comments the purpose of, and basis for, the I. Self-Regulatory Organization’s proposed rule change and discussed any Interested persons are invited to Statement of the Terms of Substance of comments it received on the proposed submit written data, views, and the Proposed Rule Change rule change. The text of these statements may be examined at the places specified arguments concerning the foregoing, NASD proposes to adopt NASD Rule in Item IV below. NASD has prepared including whether the proposed rule 2370 to govern lending arrangements summaries, set forth in sections A, B, change, as amended, is consistent with between registered persons and and C below, of the most significant the Act. Persons making written customers. The text of the proposed rule aspects of such statements. submissions should file six copies change appears below. New text is in thereof with the Secretary, Securities italics. A. Self-Regulatory Organization’s and Exchange Commission, 450 Fifth * * * * * Statement of the Purpose of, and Street, NW., Washington, DC 20549– Statutory Basis for, the Proposed Rule 0609. Copies of the submission, all 2370. Borrowing From or Lending to Change subsequent amendments, all written Customers statements with respect to the proposed (1) Purpose (a) No person associated with a rule change that are filed with the member in any registered capacity may The purpose of the proposed rule Commission, and all written borrow money from or lend money to change is to prohibit registered persons communications relating to the any customer of the member unless: (1) from borrowing money from or lending proposed rule change between the The member has written procedures money to a customer unless the member Commission and any person, other than allowing the borrowing and lending of has written procedures allowing such those that may be withheld from the money between such registered persons lending arrangements consistent with public in accordance with the and customers of the member; (2) the the rule, the loan falls within one of five provisions of 5 U.S.C. 552, will be lending or borrowing arrangement meets permissible types of lending available for inspection and copying in one of the following conditions: (A) the arrangements, and the member pre- the Commission’s Public Reference customer is a member of such person’s approves the loan in writing. The five Room. Copies of such filing also will be immediate family; (B) the customer is a types of permissible lending available for inspection and copying at financial institution regularly engaged arrangements are: The customer is a the principal office of the NASD. All member of the registered person’s submissions should refer to File No. 19 17 CFR 200.30–3(a)(12). immediate family (as defined in the SR–NASD–2003–85 and should be 1 15 U.S.C. 78s(b)(1). proposed rule); the customer is in the submitted by July 23, 2003. 2 17 CFR 240.19b-4. business of lending money; the
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customer and the registered person are trade under NASD Rule 2110 because would enable both members and NASD both registered persons of the same firm; the registered person has acted in bad to proscribe customer-broker loans and the lending arrangement is based on a faith or unethically. This can be difficult monitor those that have been approved. personal relationship outside of the to prove in cases in which the customer B. Self-Regulatory Organization’s broker-customer relationship; or the is unable or unavailable to testify, or Statement on Burden on Competition lending arrangement is based on a refuses to testify because he or she is business relationship outside of the relying on the registered person for NASD does not believe that the broker-customer relationship. financial advice. The proposed rule proposed rule change will result in any NASD believes that the solicitation of change would better enable NASD to burden on competition that is not loans from customers by registered monitor such loans, since members necessary or appropriate in furtherance persons is an area of legitimate NASD would be required to maintain written of the purposes of the Act. interest because of the potential for records of the loans as evidence of C. Self-Regulatory Organization’s misconduct. NASD has brought compliance. NASD also believes that the Statement on Comments on the disciplinary action against registered proposed rule change would be an Proposed Rule Change Received From persons who have violated just and effective deterrent to potential Members, Participants, or Others equitable principles of trade by taking misconduct because members would unfair advantage of their customers by require their registered persons to give Written comments were neither inducing them to lend money in prior notice of the loan and get approval solicited nor received for this rule disregard of the customers’ best from the member before engaging in the proposal. Previously, in NASD Notice to interests, or by borrowing funds from, transaction, and the lending Members 94–93 (December 1994), but not repaying, customers. The arrangement must fall within one of the NASD requested comment on a more potential for misconduct also exists five types of permissible arrangements. limited proposal regarding the adoption when a registered person lends money Members that do not wish to engage in of a rule that would require registered to a customer. this review and approval process could persons to provide prior notification to, The proposed rule change establishes prohibit the practice altogether. and obtain prior approval from, their a regulatory framework that would give It is important to note that this employing member firm when members greater control over, and more proposal does not change the personally borrowing funds or securities specific supervisory responsibilities for, application of Regulation T 3 to lending from customers. NASD has not included lending arrangements between activities by associated persons. a discussion of the comments received registered persons and their customers. Specifically, the definition of ‘‘creditor’’ on that proposal because the current Members could choose to permit their under Regulation T extends to rule proposal differs significantly in that registered persons to borrow from or associated persons of broker/dealers and it specifies the permissible types of lend to customers consistent with the therefore, certain loans to customers by lending arrangements and requires requirements of the rule or prohibit the associated persons may require members to have written procedures practice in whole or in part. If members compliance with the provisions of that permit only those lending choose to permit their registered Regulation T.4 arrangements consistent with the rule. persons to engage in lending arrangements with customers, the (2) Statutory Basis III. Date of Effectiveness of the proposed rule change would require NASD believes that the proposed rule Proposed Rule Change and Timing for members to have written procedures in change is consistent with the provisions Commission Action place to monitor such lending of section 15A(b)(6) of the Act,5 which Within 35 days of the date of arrangements. The notice and approval requires, among other things, that publication of this notice in the Federal requirements of the proposed change NASD’s rules must be designed to Register or within such longer period (i) would enhance members’ ability to prevent fraudulent and manipulative as the Commission may designate up to supervise the activities of registered acts and practices, to promote just and 90 days of such date if it finds such personnel. Members would be able to equitable principles of trade, and, in longer period to be appropriate and evaluate, before granting approval, general, to protect investors and the publishes its reasons for so finding, or whether the lending arrangement falls public interest. NASD believes that the (ii) as to which the NASD consents, the within one of the five types of proposed rule change is designed to Commission will: permissible arrangements. Members accomplish these ends by establishing a (A) By order approve such proposed would be permitted to approve loans regulatory framework that will give rule change; or only if the loan falls within one of the members greater control over lending (B) Institute proceedings to determine five types of permissible lending arrangements by permitting members to whether the proposed rule change arrangements. In addition, the notice prohibit such arrangements altogether should be disapproved. requirement would place an affirmative or, in the alternative, permit such IV. Solicitation of Comments obligation on registered persons that arrangements only if they fall within could be separately charged in a one of five types of permissible Interested persons are invited to disciplinary action if not followed. arrangements. Members that permit submit written data, views, and The proposed rule change also would such arrangements would be required to arguments concerning the foregoing, enhance NASD’s ability to monitor keep written procedures. Providing the including whether the proposed rule loans between registered persons and member permits such loans, registered change is consistent with the Act. their customers. Currently, under persons would be required to give their Persons making written submissions controlling Commission decisions, to firms prior notice of the loan, and the should file six copies thereof with the bring a disciplinary action against a member will be required to pre-approve Secretary, Securities and Exchange registered person who has entered into the loan in writing. These procedures Commission, 450 Fifth Street, NW., an unethical lending arrangement with Washington, DC 20549–0609. Copies of a customer, NASD generally must prove 3 12 CFR 220. the submission, all subsequent that the arrangement is inconsistent 4 12 CFR 220.2. amendments, all written statements with just and equitable principles of 5 15 U.S.C. 78o–3(b)(6). with respect to the proposed rule
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change that are filed with the SUPPLEMENTARY INFORMATION: Missouri; Adair and Delaware in the Commission, and all written Title: Disaster Home/Business Loan State of Oklahoma; and Shelby and communications relating to the Inquiry Record. Tipton in the State of Tennessee. proposed rule change between the No.: 700. The interest rates are: Commission and any person, other than Frequency: On Occasion. For Physical Damage: those that may be withheld from the Description of Respondents: Disaster Homeowners with credit available public in accordance with the Victim’s. elsewhere—5.625%. provisions of 5 U.S.C. 552, will be Responses: 42,196. Homeowners without credit available available for inspection and copying in Annual Burden: 10,549. elsewhere—2.812%. Businesses with credit available the Commission’s Public Reference Jacqueline White, Room. Copies of such filings will also be elsewhere—5.906%. Chief, Administrative Information Branch. available for inspection and copying at Businesses and non-profit the principal office of the Association. [FR Doc. 03–16696 Filed 7–1–03; 8:45 am] organizations without credit available All submissions should refer to File No. BILLING CODE 8025–01–P elsewhere—2.953%. SR–NASD–2003–92 and should be Others (including non-profit submitted by July 23, 2003. organizations) with credit available SMALL BUSINESS ADMINISTRATION elsewhere—5.500%. For the Commission, by the Division of For Economic Injury: Market Regulation, pursuant to delegated [Declaration of Disaster #3516] Businesses and small agricultural authority.6 State of Arkansas cooperatives without credit available Margaret H. McFarland, elsewhere—2.953%. Deputy Secretary. As a result of the President’s major The number assigned to this disaster [FR Doc. 03–16714 Filed 7–1–03; 8:45 am] disaster declaration for Public for physical damage is 351611. For BILLING CODE 8010–01–P Assistance on June 6, 2003, and economic injury, the numbers are subsequent amendments closing the 9W0600 for Arkansas, 9W0700 for incident period effective June 10 and Louisiana, 9W0800 for Mississippi, SMALL BUSINESS ADMINISTRATION adding Individual Assistance on June 9W0900 for Missouri, 9W1000 for 20, 2003, I find that the following Oklahoma, and 9W1100 for Tennessee. Reporting and Recordkeeping counties in the State of Arkansas (Catalog of Federal Domestic Assistance Requirements Under OMB Review constitute a disaster area due to Program Nos. 59002 and 59008). AGENCY: Small Business Administration. damages caused by severe storms, Dated: June 25, 2003. tornadoes, and flooding that occurred ACTION: Notice of reporting requirements Herbert L. Mitchell, on May 2, 2003 and continuing through submitted for OMB review. Associate Administrator for Disaster June 10, 2003: Benton, Chicot, Cleburne, Assistance. Columbia, Conway, Craighead, Cross, SUMMARY: Under the provisions of the [FR Doc. 03–16698 Filed 7–1–03; 8:45 am] Paperwork Reduction Act (44 U.S.C. Crittenden, Faulkner, Fulton, Jackson, BILLING CODE 8025–01–P chapter 35), agencies are required to Lonoke, Nevada, Perry, Phillips, submit proposed reporting and Poinsett, St. Francis, White, and recordkeeping requirements to OMB for Woodruff. Applications for loans for SMALL BUSINESS ADMINISTRATION review and approval, and to publish a physical damage as a result of this notice in the Federal Register notifying disaster may be filed until the close of [Declaration of Disaster #3512] the public that the agency has made business on August 19, 2003 and for such a submission. economic injury until the close of State of West Virginia; Amendment # 1 DATES: Submit comments on or before business on March 22, 2004 at the In accordance with the notice July 17, 2003. If you intend to comment address listed below or other locally received from the Department of but cannot prepare comments promptly, announced locations: Small Business Homeland Security—Federal Emergency please advise the OMB Reviewer and Administration, Disaster Area 3 Office, Management Agency, effective June 21, the Agency Clearance Officer before the 4400 Amon Carter Blvd., Suite 102, Fort 2003, the above numbered declaration is deadline. Worth, TX 76155. hereby amended to include Cabell, Copies: Request for clearance (OMB In addition, applications for economic Mingo, and McDowell Counties in the 83–1), supporting statement, and other injury loans from small businesses State of West Virginia as a disaster area documents submitted to OMB for located in the following contiguous due to damages caused by severe review may be obtained from the counties may be filed until the specified storms, flooding, and landslides that Agency Clearance Officer. date at the above location: Arkansas, occurred June 11, 2003 and continuing. ADDRESSES: Address all comments Ashley, Baxter, Carroll, Clark, Desha, In addition, applications for economic concerning this notice to: Agency Drew, Garland, Greene, Hempstead, injury loans from small businesses Clearance Officer, Jacqueline White, Independence, Izard, Jefferson, located in the contiguous counties of Small Business Administration, 409 3rd Lafayette, Lawrence, Lee, Madison, Pike in the Commonwealth of Kentucky, Street, SW., 5th Floor, Washington, DC Mississippi, Monroe, Ouachita, Pike, and Buchanan, Mercer, and Tazewell 20416; and OMB Reviewer, Office of Pope, Prairie, Pulaski, Saline, Sharp, counties in the Commonwealth of Information and Regulatory Affairs, Stone, Union, Van Buren, Washington, Virginia may be filed until the specified Office of Management and Budget, New and Yell in the State of Arkansas; date at the previously designated Executive Office Building, Washington, Claiborne, East Carroll, Morehouse, location. All other counties contiguous DC 20503. Webster, and West Carroll in the State to the above named primary counties FOR FURTHER INFORMATION CONTACT: of Louisiana; Bolivar, Coahoma, De have been previously declared. Jacqueline White, Agency Clearance Soto, Issaquena, Tunica, and The number for economic injury for Officer, (202) 205–7044. Washington in the State of Mississippi; the Commonwealth of Virginia is 9W13. Barry, Dunklin, Howell, McDonald, All other information remains the 6 17 CFR 200.30–3(a)(12). Oregon, and Ozark in the State of same, i.e., the deadline for filing
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applications for physical damage is programs. Social Security Rulings may infection as well as other disorders that August 20, 2003, and for economic be based on case decisions made at all have an etiological link to either the injury the deadline is March 22, 2004. administrative levels of adjudication, acute polio infection or to chronic (Catalog of Federal Domestic Assistance Federal court decisions, Commissioner’s deficits resulting from the acute Program Nos. 59002 and 59008). decisions, opinions of the Office of the infection. Disorders that may manifest Dated: June 25, 2003. General Counsel, and policy late in the lives of polio survivors Herbert L. Mitchell, interpretations of the law and include postpolio syndrome (also regulations. known as the late effects of Associate Administrator for Disaster Although Social Security Rulings do poliomyelitis), early advanced Assistance. not have the same force and effect as the degenerative arthritis, sleep disorders, [FR Doc. 03–16697 Filed 7–1–03; 8:45 am] statute or regulations, they are binding respiratory insufficiency, and a variety BILLING CODE 8025–01–P on all components of the Social Security of mental disorders. Any one or a Administration, in accordance with 20 combination of these disorders, CFR 402.35(b)(1), and are relied upon as appropriately documented, will SOCIAL SECURITY ADMINISTRATION precedents in adjudicating cases. constitute the presence of ‘‘postpolio If this Social Security Ruling is later sequelae’’ for purposes of developing Social Security Ruling, SSR 03–1p.; superseded, modified, or rescinded, we and evaluating claims for disability on Titles II and XVI: Development and will publish a notice in the Federal the basis of postpolio sequelae under Evaluation of Disability Claims Register to that effect. Social Security disability. Even though Involving Postpolio Sequelae (Catalog of Federal Domestic Assistance, some polio survivors may have had AGENCY: Social Security Administration. Program Nos. 96.001 Social Security— previously undetected motor residuals ACTION: Notice of Social Security ruling. Disability Insurance; 96.006 Supplemental following the acute polio infection, they Security Income) may still report progressive muscle SUMMARY: In accordance with 20 CFR Dated: June 26, 2003. weakness later in life and manifest any 402.35(b)(1), the Commissioner of Social Jo Anne B. Barnhart, of the disorders listed above. Security gives notice of Social Security Commissioner of Social Security. The Act and our implementing Ruling, SSR 03–1p. This Ruling clarifies regulations require that an individual the policies of the Social Security Policy Interpretation Ruling establish disability based on the Administration for developing and Purpose: To provide guidance on SSA existence of a medically determinable evaluating title II and title XVI claims policy concerning the development and impairment; i.e., one that can be shown for disability on the basis of postpolio evaluation of postpolio sequelae in by medical evidence, consisting of sequelae. Postpolio sequelae refer to the disability claims filed under titles II and symptoms, signs, and laboratory documented residuals of acute polio XVI of the Social Security Act (the Act). findings. Disability may not be infection, as well as other disorders that Citations (Authority): established on the basis of an have an etiological link to either the Sections 216(i), 223(d), 223(f), 1614(a)(3) individual’s statement of symptoms acute polio infection or to the chronic and 1614(a)(4) of the Social Security Act, as alone. deficits that resulted from the infection. amended; Regulations No. 4, subpart P, This Ruling explains that postpolio These disorders typically manifest late sections 404.1502, 404.1505, 404.1508, sequelae, when accompanied by in the lives of polio survivors, and 404.1509, 404.1511–404.1513, 404.1520, appropriate symptoms, signs, and include such things as postpolio 404.1520a, 404.1521, 404.1523, laboratory findings, is a medically syndrome (also known as the late effects 404.1525,404.1526, 404.1528, 404.1529, determinable impairment that can be of poliomyelitis), the early presence of 404.1530, 404.1545, 404.1546, 404.1560– the basis for a finding of ‘‘disability.’’ It 404.1569a; and 404.1593–404.1594 and advanced degenerative arthritis, sleep Regulations No. 16, subpart I, sections also provides guidance for the disorders, respiratory insufficiency, and 416.902, 416.905, 416.906, 416.908, 416.909, evaluation of claims involving postpolio various mental disorders. 416.911, 416.913, 416.920, 416.920a, sequelae. EFFECTIVE DATE: July 2, 2003. 416.921, 416.923, 416.924, 416.924a– Policy Interpretation: Postpolio FOR FURTHER INFORMATION CONTACT: 416.924c, 416.925, 416.926, 416.926a, sequelae constitute a medically Carolyn Kiefer, Office of Medical Policy, 416.928, 416.929, 416.930, 416.945, 416.946, determinable impairment when 416.960–416.969a, 416.987, and 416.993– documented by appropriate medical Social Security Administration, 6401 416.994a. Security Boulevard, Baltimore, MD signs, symptoms, and laboratory 21235–6401, (410) 965–9104 or TTY Introduction: ‘‘Postpolio sequelae’’ findings. Postpolio sequelae may be the (410) 966–5609. For information on refers to the documented residuals of basis for a finding of ‘‘disability,’’ as eligibility or filing for benefits, call our acute polioencephalomyelitis (polio)1 discussed below. When making a national toll-free number, 1–800–772– determination of disability in cases of 1213 or TTY 1–800–325–0778, or visit 1 Polio is caused by one of three types of postpolio sequelae, the adjudicator or polioviruses affecting the brain and spinal cord. No decisionmaker must be sure that all of our Internet Web site, Social Security matter which neurons are attacked by the virus, the Online, at http:// severity of any residual deficit depends upon how the individual’s functional limitations www.socialsecurity.gov. many cells within a specific area are destroyed. have been considered. To do this, the Fortunately, the polio infection was eradicated in adjudicator must make a comprehensive SUPPLEMENTARY INFORMATION: Although the United States during the late 1950s following assessment of the cumulative and we are not required to do so pursuant the development of oral polio vaccine and interactive effects of all of the to 5 U.S.C. 552(a)(1) and (a)(2), we are successful mass immunization. Most polio survivors in this country are now in their forties or publishing this Social Security Ruling older, but polio continues to be a common infection from acute polio infection usually occur within the in accordance with 20 CFR 402.35(b)(1). in underdeveloped countries. The World Health first few days following the onset of paralysis. Social Security Rulings make Organization is sponsoring immunization programs About one-third of those individuals who do available to the public precedential in hopes of completely eradicating the disease. develop paralysis are left with some degree of Most individuals who contract polio only have mild permanent weakness, commonly involving a single decisions relating to the Federal old-age, symptoms at the time of the initial infection and extremity. Postpolio muscle paralysis is of the survivors, disability, supplemental then fully recover. Only 2 percent of infected lower motor neuron variety and is characterized by security income, and black lung benefits persons experience paralysis from polio. Deaths weakness, muscle atrophy, and reflex loss.
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individual’s impairments and related Typically, we will not order or purchase times, muscular atrophy. The NINDS symptoms, including the effects of EMG studies. states that joint pain and increasing postpolio sequelae. In the absence of evidence to the skeletal deformities such as scoliosis are contrary, and as long as the medical common. Not all polio survivors What Is the Definition of ‘‘Disability’’ findings support a reasonable medical experience these clinical problems, and and ‘‘Medically Determinable link between the prior polio infection the extent to which polio survivors are Impairment’’? and the present manifestation of any affected by postpolio syndrome varies. Sections 216(i) and 1614(a)(3) of the one or combination of the disorders The onset of new or worsening signs Social Security Act (the Act) define discussed in the ruling, we will find and symptoms is associated with a ‘‘disability’’ 2 as the inability to engage that the individual has postpolio further reduction of the individual’s in any substantial gainful activity (SGA) sequelae. For example, an individual capacity to independently carry out by reason of any medically determinable with a history of polio affecting the left activities of daily living. physical or mental impairment (or lower extremity who, on examination, combination of impairments) which can has weakness and atrophy of the left How Does the Presence of Early be expected to result in death or which thigh musculature with an observable Advanced Degenerative Arthritis has lasted or can be expected to last a limp now complains of chronic left Constitute an Element of Postpolio continuous period of not less than 12 lower extremity pain and is found to Sequelae? months. Sections 223(d)(3) and have lumbar stenosis documented by Polio survivors often manifest motor 1614(a)(3)(D) of the Act, and 20 CFR medically acceptable imaging. As residuals in a single extremity and thus 404.1508 and 416.908, require that an discussed below, due to the chronic function day-to-day with chronic impairment result from anatomical, postural imbalance related to the effects postural imbalance. Clinicians have physiological, or psychological of polio, a reasonable medical link described degenerative musculoskeletal abnormalities that can be shown by exists between this individual’s current disorders etiologically linked to long- medically acceptable clinical and medical condition (degenerative lumbar standing postural imbalance. Abnormal laboratory diagnostic techniques. The spine disease) and his/her prior polio weight-bearing in polio survivors Act and regulations further require that residuals. Accordingly, we would make produces exaggerated wear and tear on an impairment be established by a finding of postpolio sequelae. On the the bones and joints of the spine or medical evidence that consists of signs, other hand, an individual with a history limbs that are overused to compensate symptoms, and laboratory findings, and of polio (for example, stating ‘‘I was in for limbs weakened by polio. Early not only by an individual’s statement of an iron lung’’) who, on examination, has onset of advanced degenerative arthritis symptoms. normal motor findings, including can be found in a compensatory normal posture and gait, now complains extremity or spine. Where such an For Purposes of Disability Claims of pain clinically consistent with etiological relationship is clear, Adjudication, What Constitutes chronic radiculopathy, and has clinically documented early advanced Postpolio Sequelae? medically acceptable imaging degenerative arthritis in a compensating For purposes of disability claims demonstrating degenerative arthritis in limb or spine is considered one of the adjudication, postpolio sequelae refer to the lumbar spine. This individual’s postpolio sequelae. multiple physical and mental disorders current medical condition does not Documentation of early advanced that may be manifested by polio demonstrate a reasonable medical degenerative arthritis may include survivors many years following acute connection with the prior polio; instead, medically appropriate imaging or polio infection. Any one or a the degenerative arthritis should be abnormal physical findings of advanced combination of these disorders adjudicated as a musculoskeletal arthritis on clinical examination. appropriately documented by signs, disorder unrelated to the prior polio Chronic pain disorders related to symptoms, and laboratory findings will infection. early degenerative osteoarthritis should constitute the presence of postpolio Postpolio sequelae include such be evaluated based on the impact of the sequelae. The term ‘‘postpolio sequelae’’ disorders as postpolio syndrome (also pain and its treatment on the includes the documented residuals of know as the late effects of individual’s physical and mental acute infection as well as all other poliomyelitis), early advanced functioning. documented clinical conditions that degenerative arthritis, sleep disorders, Why Are Sleep Disorders and have an etiological link to either the respiratory insufficiency, and various Respiratory Insufficiency Possible acute infection or to its residual deficits. mental disorders. These disorders and Manifestations of Postpolio Sequelae? Motor weakness is the most common documentation issues concerning them residual of acute polio infection and is are discussed in detail below. Some polio survivors report the usually manifested by observable occurrence of sleep disorders that are What Is Meant by the Term ‘‘Postpolio weakness, muscle atrophy, and reduced determined by clinical evaluation to be Syndrome’’? peripheral reflexes. These obvious related to respiratory insufficiency clinical findings are used to document According to the National Institute of during sleep. The poliovirus has the history of poliomyelitis. Neurological Disorders and Stroke demonstrated a propensity to attack the Electromyographic studies may be (NINDS), postpolio syndrome is a motor neurons responsible for used by clinicians in clarifying the condition that affects polio survivors respiratory function, and, during the cause and extent of neuromuscular anywhere from 10 to 40 years after acute infection, some individuals impairment, but should not be needed recovery from an initial paralytic attack require ventilatory assistance. For for purposes of disability of the poliomyelitis virus. The NINDS example, years ago patients with acute decisionmaking. Nonetheless, when states that postpolio syndrome is polio infection were placed in an ‘‘iron electromyography (EMG) results are characterized by a further weakening of lung’’ for ventilatory assistance. Some available for review, these data should muscles that were previously affected patients who required such assistance be considered in decisionmaking. by the polio infection. The signs and recovered and may have returned to symptoms include fatigue, slowly normal lives without obvious signs of 2 Except for statutory blindness. progressive muscle weakness, and, at respiratory insufficiency. Some polio
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survivors, however, have reported the psychological effect of perceiving the prevent their ability to continue work onset of sleep disorders years following onset of further weakness, fatigue, activity. Postpolio sequelae may the acute polio infection, and respiratory dysfunction or joint pain, effectively alter the ability of these physicians have linked these sleep many years following the acute individuals to continue functioning at disorders to weakening of the infection, can be significant. Signs and the same level they maintained for years respiratory musculature. During sleep, symptoms of anxiety and depression following their initial polio infection. may produce further deterioration in even slight weakness of the respiratory How Will We Document Claims function. musculature may become clinically Involving Postpolio Sequelae? significant and interfere with breathing Any mental impairment that could capacity. Chronic sleep deprivation have an etiological link to the acute We generally will rely on resulting from repeated episodes of polio infection or its chronic residuals documentation provided by the sleep apnea may result in the may be considered a manifestation of individual’s treating physicians and development of excessive daytime postpolio sequelae. Deficits in attention, psychologists (including a report of the drowsiness or cognitive and behavioral cognition, or behavior may be medical history, physical examination, changes. demonstrated by reduced concentration and available laboratory findings) to Respiratory insufficiency should be capacity, inability to persist in tasks, or establish the presence of postpolio documented by abnormal pulmonary memory problems. Also, behavioral sequelae as a medically determinable function studies. The presence of a abnormalities may be demonstrated by impairment. In the absence of evidence sleep disorder related to respiratory mood changes, social withdrawal, or to the contrary, we will make a finding insufficiency requires documentation by other behaviors inappropriate for the that a medically determinable longitudinal treatment records, individual. Mood disorders impairment is established if any of the including such things as abnormal characterized by anxiety and depression disorders discussed above have been polysomnography or other appropriate may also be seen and clinically documented by acceptable clinical evidence. Note, however, that we 3 documented in these individuals. signs, symptoms, and laboratory generally will not purchase a findings. How Do Postpolio Sequelae Affect an However, if evidence indicates that polysomnogram (also called a PSG, Individual’s Functional Capacities? sleep study, or sleep test). See also the diagnosis is questionable, we will 3.00H of the Respiratory System Individuals experiencing postpolio contact the treating source for medical listings for additional sequelae may complain of the new onset clarification, in accordance with 20 CFR of reduced physical and mental information concerning sleep-related 404.1512(e) and 416.912(e). Of course, if functional ability. Complaints of fatigue, breathing disorders (see 20 CFR a favorable disability determination or weakness, intolerance to cold, joint and appendix 1 to subpart P of part 404— decision can be made based on the muscle pain, shortness of breath and Listing of Impairments). available evidence of record, whether or sleep problems, mood changes, or not a link to the prior polio infection is What Types of Mental Disorders May Be decreased attention and concentration evident, no further development need Seen in Individuals With Postpolio capacity may hallmark the onset of be undertaken. Sequelae? postpolio sequelae. Weakness, fatigue, The careful development of postpolio Some polio survivors report the onset or muscle and joint pain may cause sequelae should include descriptions of of problems with attention, increasing problems in activities such as the past acute illness (old records are concentration, cognition, or behavior. lifting, bending, prolonged standing, not required), as well as a report of the Some researchers have suggested that walking, climbing stairs, using a current findings on physical certain cognitive and behavioral deficits wheelchair, transferring from a examination. The examination report are the result of the prior polio infection wheelchair (e.g., from wheelchair to should also include the severity of any that involved the brain, although others toilet), sleeping, dressing, and any residual weakness, as well as the onset, do not agree with that concept. Other activity that requires repetition or pattern, and severity of any new researchers have suggested that the endurance. Changes in attention, physical or mental deficits. A traumatic psychological experiences cognition, or behavior may be description of current functional associated with acute polio infection are manifested by reduced capacity to limitations and restrictions on physical revived when polio survivors recognize concentrate on tasks, memory deficits, and mental activity should be obtained the onset of further weakness and mood changes, social withdrawal, or from the examiner. functional loss. inappropriate behavior. When possible, detailed longitudinal Many polio survivors endured a life- Many polio survivors who had been treatment records from the treating threatening infection as young children. in a stable condition may begin to source should be obtained. In cases They may have spent extended periods require new or additional assistive where severity of the impairment is away from their homes and families devices, such as braces, canes, crutches, unclear, an examination by a physician while hospitalized with paralysis or walkers, wheelchairs, or pulmonary or psychologist who is knowledgeable respiratory dysfunction, or while support. The reduced ability to sustain about polio and postpolio sequelae is undergoing multiple orthopedic customary activities, including work, appropriate, if such a specialist is surgeries. Often they endured many may result. A previously stable available. functional capacity may be further months, or sometimes years, of How Will We Use Evidence From Third hospitalization and rehabilitation. The diminished. Many individuals with medically Parties in Cases of Postpolio Sequelae? 3 The terms we and us in this Social Security severe polio residuals have worked Evidence from employers and other Ruling have the same meaning as in 20 CFR despite their limitations. The new onset third party sources may be valuable in 404.1502 and 416.902. We or us refers to either the of further physical or mental documenting a loss of a previous level Social Security Administration or the State agency impairments (even though they may of functioning and should be sought making the disability or blindness determination; that is, our adjudicators at all levels of the appear to be relatively minor) in polio when there is a discrepancy or a administrative review process and our quality survivors may result in further question of credibility in the evidence of reviewers. functional problems that can limit or record and a fully favorable
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determination or decision cannot be all of the individual’s impairments, 27, 1978, the Foreign Affairs Reform and made based on the available evidence. including symptoms, be carefully Restructuring Act of 1998 (112 Stat. For detailed discussions regarding these assessed in determining the individual’s 2681, et seq.; 22 U.S.C. 6501 note, et factors, please refer to SSR 96–7p, RFC in these cases. seq.), Delegation of Authority No. 234 of ‘‘Titles II and XVI: Evaluation of October 1, 1999, and Delegation of How Is a Disability Onset Date Symptoms in Disability Claims: Authority No. 236 of October 19, 1999, Determined in Case of Postpolio Assessing the Credibility of an as amended, I hereby determine that the Sequelae? Individual’s Statements,’’ and SSR 96– objects to be included in the exhibition 8p, ‘‘Titles II and XVI: Assessing the A disability onset date in cases ‘‘Petra Rediscovered,’’ imported from Residual Functional Capacity (RFC) in involving postpolio sequelae is set abroad for temporary exhibition within Initial Claims.’’ based on the individual’s allegations, the United States, are of cultural his or her work history, and the medical How Are Symptoms Assessed in Cases significance. The objects are imported and other evidence concerning of Postpolio Sequelae? pursuant to loan agreements with the impairment severity. Generally, the new foreign owners. I also determine that the Once postpolio sequelae has been problems associated with postpolio exhibition or display of the exhibit documented as a medically sequelae are gradual and non-traumatic, objects at the American Museum of determinable impairment, the impact of but acute injuries or events, such as Natural History, New York, from on or any of the symptoms of postpolio herniated discs, or broken bones from about September 10, 2004 to on or about sequelae, including fatigue, weakness, falls, may be markers for establishing a January 16, 2005; at the Houston pain, intolerance to cold, etc., must be disability onset date. For additional Museum of Science from on or about considered both in determining the discussion concerning the May 15, 2006 to on or about September severity of the impairment and in determination of onset date, refer to SSR 15, 2006 (following their exhibition at assessing the individual’s RFC. The 83–20, ‘‘Titles II and XVI: Onset of the Canadian Museum of Civilization, adjudicator must make a comprehensive Disability.’’ Ottawa, from on or about October 15, assessment of the cumulative and Effective Date: This ruling is effective 2005 to on or about March 15, 2006); at interactive effects of all of the upon publication in the Federal the Fernbank Museum, Atlanta, from on individual’s impairments and related Register. or about November 15, 2006 to on or symptoms, including the effects of Cross References: SSR 83–20, ‘‘Titles about March 15, 2007, and at possible postpolio sequelae. Evaluate all II and XVI: Onset of Disability,’’ SSR additional venues yet to be determined, symptoms and their effects in 96–3p, ‘‘Titles II and XVI: Considering is in the national interest. Public Notice accordance with 20 CFR 404.1529 and Allegations of Pain and Other of these Determinations is ordered to be 416.929, and SSR 96–7p, ‘‘Titles II and Symptoms in Determining Whether a published in the Federal Register. XVI: Evaluation of Symptoms in Medically Determinable Impairment is Disability Claims: Assessing the FOR FURTHER INFORMATION CONTACT: For Severe,’’ SSR 96–4p, ‘‘Titles II and XVI: further information, including a list of Credibility of an Individual’s Symptoms, Medically Determinable Statements.’’ the exhibit objects, contact Orde F. Physical and Mental Impairments, and Kittrie, Attorney-Adviser, Office of the What Is the Expected Duration of Exertional and Nonexertional Legal Adviser, U.S. Department of State, Postpolio Sequelae? Limitations,’’ SSR 96–7p, ‘‘Titles II and (telephone: 202/401–4779). The address XVI: Evaluation of Symptoms in Most postpolio sequelae are stable or is U.S. Department of State, SA–44, 301 Disability Claims: Assessing the very slowly progressive disorders. The 4th Street, SW., Room 700, Washington, Credibility of an Individual’s medical evidence should readily DC 20547–0001. Statements,’’ SSR 96–8p, ‘‘Titles II and support an expected duration of at least XVI: Assessing Residual Functional Dated: June 26, 2003. 12 or more months. Capacity in Initial Claims,’’ and SSR 96– C. Miller Crouch, Can the Impairment of Postpolio 9p, ‘‘Titles II and XVI: Determining Principal Deputy Assistant Secretary for Sequelae Meet or Equal Listing 11.11? Capability to Do Other Work— Educational and Cultural Affairs Department Implications of a Residual Functional of State. The listing criteria under our current [FR Doc. 03–16723 Filed 7–1–03; 8:45 am] listing 11.11, Anterior poliomyelitis, Capacity for Less Than a Full Range of BILLING CODE 4710–08–P may be applied both to cases of static Sedentary Work.’’ polio (where there has been no reported [FR Doc. 03–16719 Filed 7–1–03; 8:45 am] worsening after initial recovery) and to BILLING CODE 4191–02–P cases presenting with postpolio OFFICE OF THE UNITED STATES sequelae. All documented postpolio TRADE REPRESENTATIVE sequelae must be considered either DEPARTMENT OF STATE Trade Policy Staff Committee; Request alone or in combination to determine [Public Notice 4391] for Public Comment on Duty Drawback whether the medical criteria of listing and Deferral in Free Trade Agreement 11.11, or any other listing, have been Culturally Significant Objects Imported Negotiations met or equaled. If the impairment is not for Exhibition Determinations: ‘‘Petra found to meet or equal a listed AGENCY Rediscovered’’ : Office of the United States impairment, we consider the impact of Trade Representative. the impairment and any related AGENCY: Department of State. ACTION: Request for comments. symptoms in determining an ACTION: Notice. individual’s RFC and we proceed to SUMMARY: The interagency Trade Policy evaluate the individual’s impairment SUMMARY: Notice is hereby given of the Staff Committee (TPSC) seeks public under our sequential evaluation following determinations: Pursuant to comment on the treatment of duty procedures in accordance with 20 CFR the authority vested in me by the Act of drawback and deferral regimes in free 404.1545 and 416.945. It is essential that October 19, 1965 (79 Stat. 985; 22 U.S.C. trade agreement (FTA) negotiations the cumulative and interactive effects of 2459), Executive Order 12047 of March currently underway with Central
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America, Australia, Morocco, the all or only some of the FTA negotiations appointment only, from 10 a.m. to 12 Southern African Customs Union and currently underway. noon and 1 p.m. to 4 p.m., Monday the countries participating in the Free through Friday. An appointment to Request for Comments Trade Area of the Americas (FTAA). review the file may be made by calling DATES: Public comments should be Consideration will be given to any (202) 395–6186. received no later than Noon, July 30, written comments that are timely Carmen Suro-Bredie, 2003. submitted to USTR. Each person submitting a comment should include Chairman, Trade Policy Staff Committee. FOR FURTHER INFORMATION: For his or her name and address, give [FR Doc. 03–16783 Filed 7–1–03; 8:45 am] procedural questions concerning public reasons for any recommendation and BILLING CODE 3190–01–P comments, contact Gloria Blue, indicate whether those Executive Secretary, Trade Policy Staff recommendations apply to all of the Committee, Office of the United States above-referenced negotiations. Trade Representative at (202) 395–3475. In order to facilitate prompt DEPARTMENT OF TRANSPORTATION For substantive questions pertaining to consideration of submissions, USTR this request for public comment, contact strongly urges and prefers electronic e- Office of the Secretary Sarah Sipkins, Director for Market mail submissions in response to this Access, Office of the USTR, at (202) notice. The e-mail address is Aviation Proceedings, Agreements 395–5656. [email protected]. It is strongly Filed the Week Ending June 20, 2003 SUPPLEMENTARY INFORMATION: The U.S. recommended that comments submitted Government is seeking public comment by mail or express delivery service to The following Agreements were filed on appropriate disciplines regarding the the address for Ms. Sipkins listed above with the Department of Transportation use of domestic duty drawback and also be sent by e-mail. Persons making under the provisions of 49 U.S.C. deferral programs for shipments submissions by e-mail should use the Sections 412 and 414. Answers may be between parties to the free trade following subject line: ‘‘Duty Drawback filed within 21 days after the filing of agreements it is negotiating. Duty in FTAs.’’ Documents should be the application. drawback and deferral regimes rebate, submitted as either WordPerfect, Docket Number: OST–2003–15429. defer or reduce duties paid on material MSWord, or text (.TXT) files. Date Filed: June 16, 2003. inputs contingent upon exportation of Supporting documentation submitted as Parties: Members of the International Air the processed or finished goods. In the spreadsheets are acceptable as Quattro Transport Association. context of an FTA, where inputs are Pro or Excel. For any document Subject: Mail Vote 305, PTC COMP 1061 dutiable in the United States and in the containing business confidential dated 17 June 2003, General Increase FTA partner country, duty drawback information submitted electronically, Resolution 002mm, (except within Europe, programs can distort investment the file name of the business between USA/US Territories and Austria, decisions by creating an incentive for Chile, Czech Republic, Finland, France confidential version should begin with (including French Guiana, French Polynesia, investors to locate in the FTA partner the characters ‘‘BC-’’, and the file name Guadeloupe, Martinique, New Caledonia, country in order to benefit from duty of the public version should begin with Reunion, Saint Pierre and Miquelon), drawback when exporting processed the characters ‘‘P-’’. The ‘‘P-’’ or ‘‘BC-’’ Germany, Iceland, Italy, Korea (Rep. of), goods for sale in the U.S. market. These should be followed by the name of the Malaysia, Netherlands, New Zealand, programs also can create ‘‘export submitter. Persons making submissions Panama, Scandinavia, Switzerland) Intended platforms’’ for materials produced in by e-mail should not provide separate effective date: 1 July 2003. third countries since they de facto cover letters; information that appears Docket Number: OST–2003–15430. provide duty free treatment negotiated in a cover letter should be included in Date Filed: June 16, 2003. under the FTA to inputs from third the submission itself. Similarly, to the Parties: Members of the International Air countries when the processed goods are extent possible, any attachments to the Transport Association. exported to the territory of the FTA submission should be included in the Subject: PTC12 CAN–EUR 0093 dated 13 partner. For industries in FTA partner same file as the submission itself, and June 2003, TC12 Canada-Europe Expedited not as separate files. Persons submitting Resolution 002j r1-r9. Intended effective date: countries, the gains from tariff reduction 1 August 2003. under an FTAs on average far exceed written comments by mail or express any tariff refunds foregone under these delivery service should provide 20 Docket Number: OST–2003–15474. Date Filed: June 19, 2003. copies, in English. programs. Parties: Members of the International Air Thus, restrictions on the use of these Written comments will be placed in a Transport Association. programs are a standard feature of most file open to public inspection pursuant Subject: Mail Vote 304, PTC123 0240 dated FTAs around the globe. The NAFTA to 15 CFR 2003.5, except confidential 20 June 2003, North, Mid, South Atlantic, restricts duty deferral and drawback to business information exempt from Special Passenger Amending Resolution 010r the lesser of duties paid on the imported public inspection in accordance with 15 from India r1-r15. Intended effective date: 1 input or duties paid on the processed CFR 2003.6. Confidential business July 2003. good exported to a NAFTA trading information submitted in accordance Docket Number: OST–2003–15480. partner. The United States-Chile FTA with 15 CFR 2003.6 must be clearly Date Filed: June 20, 2003. provides for a gradual phase out of the marked ‘‘BUSINESS CONFIDENTIAL’’ Parties: Members of the International Air use of these programs for shipments at the top of each page, including any Transport Association. between the Parties. U.S. proposals in cover letter or cover page, and must be Subject: PTC31 South 0142 dated 23 May ongoing FTA negotiations are modeled accompanied by a nonconfidential 2003, TC31 South Pacific (except between summary of the confidential French Polynesia, New Caledonia, New on the U.S.-Chile provision. Zealand and USA) Resolutions r1-r29, PTC31 All interested parties are invited to information. All public documents and South 0143 dated 23 May 2003, TC31 South provide their written views and nonconfidential summaries shall be Pacific between French Polynesia, New recommendations on this matter. available for public inspection in the Caledonia, New Zealand and USA Persons submitting comments should USTR Reading Room. The USTR Resolutions r30-r46, Minutes—PTC31 South specify whether the comments apply to Reading Room is open to the public, by 0144 dated 20 June 2003, Tables—PTC31
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South Fares 0033 dated 17 June 2003. DEPARTMENT OF TRANSPORTATION announces that the Information Intended effective date: 1 October 2003. Collection Request (ICR) abstracted Federal Aviation Administration below has been forwarded to the Office Dorothy Y. Beard, of Mangement and Budget (OMB) for Chief, Docket Operations & Media Advisory Circular (AC) 20–146, extension of the currently approved Management, Federal Register Liaison. Methodology for Dynamic Seat collection. The ICR describes the nature [FR Doc. 03–16709 Filed 7–1–03; 8:45 am] Certification by Analysis for Use in of the information collection and the BILLING CODE 4910–62–P Parts 23, 25, 27, and 29 Airplanes and expected burden. The Federal Register Rotorcraft Notice with a 60-day comment period AGENCY: Federal Aviation soliciting comments on the following DEPARTMENT OF TRANSPORTATION Administration, DOT. collection of information was published on March 28, 2003 on pages 15259– Office of the Secretary ACTION: Notice of issuance of advisory circular. 15260. Notice of Applications for Certificates SUMMARY: This notice announces the DATES: Comments must be submitted on of Public Convenience and Necessity issuance of Advisory Circular (AC) 20– or before August 1, 2003. A comment to and Foreign Air Carrier Permits Filed 146, Methodology for Dynamic Seat OMB is most effective if OMB receives Under Subpart B (Formerly Subpart Q) Certification by Analysis for Use in it within 30 days of publication. During the Week Ending June 20, 2003 parts 23, 25, 27, and 29 Airplanes and FOR FURTHER INFORMATION CONTACT: Judy Rotorcraft. The AC sets forth an Street on (202) 267–9895. The following Applications for acceptable means, but not the only Certificates of Public Convenience and means, for demonstrating compliance to SUPPLEMENTARY INFORMATION: Necessity and Foreign Air Carrier certain sections of the regulations and Federal Aviation Administration (FAA) Permits were filed under Subpart B the technical standard order associated (formerly Subpart Q) of the Department with those regulations. The AC provides Title: Revisions to Digital Flight Data of Transportation’s Procedural guidance on how to validate the Recorders. Regulations (See 14 CFR 301.201 et. computer model and under what seq.). The due date for Answers, conditions the model may be used in Type of Request: Extension of a Conforming Applications, or Motions to support of certification or TSO currently approved collection. Modify Scope are set forth below for approval/authorization. OMB Control Number: 2120–0616. each application. Following the Answer DATES: Advisory Circular 20–146 was Forms(s): N/A. period DOT may process the application issued by the Acting Manager of the Affected Public: A total of 2960 air Aircraft Engineering Division on May by expedited procedures. Such carriers. procedures may consist of the adoption 19, 2003. of a show-cause order, a tentative order, How To Obtain Copies: A paper copy Abstract: This rule requires that or in appropriate cases a final order of AC 20–146 may be obtained by certain airplanes be equipped to without further proceedings. writing to the U.S. Department of accommodate additional digital flight Transportation, Subsequent Distribution data recorder parameters. The revisions Docket Number: OST–2003–15451. Office, DOT Warehouse, SVC–121.23, require additional information to be Date Filed: June 18, 2003. Ardmore East Business Center, 3341Q collected to enable more thorough Due Date for Answers, Conforming 75th Avenue, Landover, MD 20785, accident or incident investigation and to Applications, or Motion to Modify telephone 301–322–5377, or by faxing enable industry to predict certain trends Scope: July 9, 2003. your request to the warehouse at 301– to make necessary modifications before 386–5394. The AC will also be available an accident or incident happens. Description: Application of Atlasjet on the Internet at http:// Estimated Annual Burden Hours: An Uluslararasi Havacilik A.S., pursuant to www.airweb.faa.gov/AC. 49 U.S.C. Section 41301, 14 CFR part estimated 1 hour annually. Issued in Kansas City, Missouri, on June 211 and subpart B, requesting a foreign ADDRESSES: 17, 2003. Send comments to the air carrier permit authorizing it to Office of Information and Regulatory James E. Jackson, engage in charter foreign air Affairs, Office of Management and transportation of persons, property, and Acting Manager, Small Airplane Directorate, Budget, 725 17th Street, NW., Aircraft Certification Service. mail between points in Turkey and Washington, DC 20503, Attention FAA [FR Doc. 03–16641 Filed 7–1–03; 8:45 am] points in the United States and between Desk Officer. BILLING CODE 4910–13–P points in the United States and points Comments are invited on: Whether in third countries as authorized by and the proposed collection of information in accordance with the provisions of the DEPARTMENT OF TRANSPORTATION is necessary for the proper performance Air Transport Agreement executed of the functions of the Department, between the Governments of the Federal Aviation Administration including whether the information will Republic of Turkey and the United have practical utility; the accuracy of States. Agency Information Collection Activity the Department’s estimates of the Under OMB Review burden of the proposed information Dorothy Y. Beard, AGENCY: Federal Aviation collection; ways to enhance the quality, Chief, Docket Operations & Media Administration (FAA), DOT. utility and clarity of the information to Management, Federal Register Liaison. ACTION: Notice. be collected; and ways to minimize the [FR Doc. 03–16710 Filed 7–1–03; 8:45 am] burden of the collection of information BILLING CODE 4910–62–P SUMMARY: In compliance with the on respondents, including the use of Paperwork Reduction Act of 1995 (44 automated collection techniques or U.S.C. 3501 et seq.), this notice other forms of information technology.
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Issued in Washington, DC, on June 25, FOR FURTHER INFORMATION CONTACT: in the summary is intended to affect the 2003. Annette Kovite (425–227–1262), legal status of any petition or its final Judith D. Street, Transport Airplane Directorate (ANM– disposition. FAA Information Collection Clearance 113), Federal Aviation Administration, DATES: Comments on petitions received Officer, APF–100. 1601 Lind Ave., SW., Renton, WA must identify the petition docket [FR Doc. 03–16646 Filed 7–1–03; 8:45 am] 98055–4056; or Vanessa Wilkins (202– number involved and must be received BILLING CODE 4910–13–M 267–8029), Office of Rulemaking (ARM– on or before July 22, 2003. 1), Federal Aviation Administration, ADDRESSES: You may submit comments 800 Independence Avenue, SW., [identified by DOT DMS Docket Number DEPARTMENT OF TRANSPORTATION Washington, DC 20591. FAA–200X-XXXXX] by any of the This notice is published pursuant to following methods: Federal Aviation Administration 14 CFR 11.85 and 11.91. • Web Site: http://dms.dot.gov. [Summary Notice No. PE–2003–36] Issued in Washington, DC, on June 24, Follow the instructions for submitting 2003. comments on the DOT electronic docket Petitions for Exemption; Summary of Donald P. Byrne, site. Petitions Received Assistant Chief Counsel for Regulations. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; AGENCY: Federal Aviation Petitions for Exemption Administration (FAA), DOT. U.S. Department of Transportation, 400 Docket No.: FAA–2002–12918. ACTION: Notice of petition for Seventh Street, SW., Nassif Building, amendment to exemption received. Petitioner: Asia Pacific Airlines. Room PL–401, Washington, DC 20590- Section of 14 CFR Affected: 14 CFR 001. SUMMARY: Pursuant to FAA’s rulemaking 25.785(j), § 25.813(b), § 25.857(e), and • Hand Delivery: Room PL–401 on provisions governing the application, § 25.1447(c)(1). the plaza level of the Nassif Building, processing, and disposition of petitions Description of Relief Sought: To 400 Seventh Street, SW., Washington, for exemption, part 11 of Title 14, Code amend Exemption No. 9765, previously DC, between 9 a.m. and 5 p.m., Monday of Federal Regulations (14 CFR), this issued to Asia Pacific Airlines on through Friday, except Federal notice contains a summary of a certain January 29, 2003, to allow carriage of Holidays. petition seeking relief from specified two supernumeraries on Boeing Model • Federal eRulemaking Portal: Go to requirements of 14 CFR. The purpose of 727–200 all-cargo airplanes with the http://www.regulations.gov. Follow the this notice is to improve the public’s flight deck door closed during taxi, online instructions for submitting awareness of, and participation in, this takeoff, and landing and the designation comments. aspect of FAA’s regulatory activities. of exits in the Class E compartment, Docket: For access to the docket to Neither publication of this notice nor instead of the right flight deck window read background documents or the inclusion or omission of information exit, for supernumerary use. comments received, go to http:// dms.dot.gov at any time or to Room PL– in the summary is intended to affect the [FR Doc. 03–16642 Filed 7–1–03; 8:45 am] 401 on the plaza level of the Nassif legal status of any petition or its final BILLING CODE 4910–13–P disposition. Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 DATES: Comments on petitions received DEPARTMENT OF TRANSPORTATION p.m., Monday through Friday, except must identify the petition docket Federal Holidays. number involved and must be received FOR FURTHER INFORMATION CONTACT: on or before July 22, 2003. Federal Aviation Administration Tim Adams (202) 267–8033, Sandy [Summary Notice No. PE–2003–39] ADDRESSES: Send comments on the Buchanan-Sumter (202) 267–7271, or petition to the Docket Management Petitions for Exemption; Summary of Denise Emrick (202) 267–5174, Office of System, U.S. Department of Rulemaking (ARM–1), Federal Aviation Transportation, Room Plaza 401, 400 Petitions Received; Dispositions of Petitions Issued Administration, 800 Independence Seventh Street, SW., Washington, DC Avenue, SW., Washington, DC 20591. 20590–0001. You must identify the AGENCY: Federal Aviation This notice is published pursuant to docket number FAA–2002–12918 at the Administration (FAA), DOT. 14 CFR 11.85 and 11.91. beginning of your comments. If you ACTION: Notice of petitions for wish to receive confirmation that the Issued in Washington, DC, on June 26, exemption received and of dispositions FAA received your comments, include a 2003. of prior petitions. self-addressed, stamped postcard. Donald P. Byrne, Assistant Chief Counsel for Regulations. You may also submit comments SUMMARY: Pursuant to FAA’s rulemaking through the Internet to http:// provisions governing the application, Petitions for Exemption dms.dot.gov. You may review the public processing, and disposition of petitions Docket No.: FAA–2003–15315. docket containing the petition, any for exemption part 11 of Title 14, Code Petitioner: Northwest Airlines. comments received, and any final of Federal Regulations (14 CFR), this Docket No.: FAA–2003–15427. disposition in person in the Dockets notice contains a summary of certain Petitioner: Delta Air Lines. Office between 9 a.m. and 5 p.m., petitions seeking relief from specified Docket No.: FAA–2003–15347. Monday through Friday, except Federal requirements of 14 CFR, dispositions of Petitioner: Continental Airlines. holidays. The Dockets Office (telephone certain petitions previously received, Docket No.: FAA–2003–15365. 1–800–647–5527) is on the plaza level and corrections. The purpose of this Petitioner: Continental Micronesia, of the NASSIF Building at the notice is to improve the public’s Inc. Department of Transportation at the awareness of, and participation in, this Docket No.: FAA–2003–15271. above address. Also, you may review aspect of FAA’s regulatory activities. Petitioner: United Airlines. public dockets on the Internet at Neither publication of this notice nor Section of 14 CFR Affected: 14 CFR http://dms.dot.gov. the inclusion or omission of information 121.333(c)(3).
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Description of Relief Sought: To comment on the application to impose Issued in Kansas City, Missouri on June 23, permit a pilot to be alone on the flight and use the revenue from a PFC at the 2003. deck without having to put on and use Wichita Mid-Continent Airport under George A. Hendon, an oxygen mask when at or below FL the provisions of the Aviation Safety Manager, Airports Division, Central Region. 410. This relief is being sought for and Capacity Expansion Act of 1990 [FR Doc. 03–16645 Filed 7–1–03; 8:45 am] domestic, flag and supplemental (Title IX of the Omnibus Budget BILLING CODE 4910–13–M operations on aircraft equipped with Reconciliation Act of 1990) (Pub. L. quick-donning oxygen masks. 101–508) and part 158 of the Federal DEPARTMENT OF TRANSPORTATION [FR Doc. 03–16643 Filed 7–1–03; 8:45 am] Aviation Regulations (14 CFR part 158). BILLING CODE 4910–13–P On June 20, 2003, the FAA Federal Aviation Administration determined that the application to impose and use the revenue from a PFC Electronic Map Display Equipment for DEPARTMENT OF TRANSPORTATION submitted by the Wichita Airport Graphical Depiction of Aircraft Authority, was substantially complete Position Federal Aviation Administration within the requirements of § 158.25 of part 158. The FAA will approve or AGENCY: Federal Aviation Notice of Intent To Rule on Application Administration, DOT. No. 03–04–C–00–ICT To Impose and disapprove the application, in whole or in part, no later than September 18, ACTION: Notice of availability and Use the Revenue From a Passenger requests for public comment. Facility Charge (PFC) at Wichita Mid- 2003. Continent Airport, Wichita, KS The following is a brief overview of SUMMARY: This notice announces the the application. availability of and requests comments AGENCY: Federal Aviation Level of the proposed PFC: $3.00. on a proposed Technical Standard Administration, (FAA), DOT. Order (TSO)–C165, Electronic Map ACTION: Notice of intent to rule on Proposed charge effective date: Display Equipment for Graphical application. November 1, 2003. Depiction of Aircraft Position. This Proposed charge expiration date: proposed TSO tells persons seeking a SUMMARY: The FAA proposes to rule and September 1, 2007. TSO authorization or letter of design invites public comment on the approval what minimum performance application to impose and invites public Total estimated PFC revenue: standards (MPS) their Electronic Map comment on the application to impose $9,470,000. Displays must first meet in order to and use the revenue from a PFC at Brief description of proposed projects: obtain approval and be identified with Wichita Mid-Continent Airport under Runway and taxiway shoulders/blast the applicable TSO marking. the provisions of the Aviation Safety pad rehabilitation; south air cargo apron DATES: Comments must identify the and Capacity Expansion Act of 1990 and road reconstruction; north air cargo TSO file number and be received on or (Title IX of the Omnibus Budget apron construction (phase IV); perimeter before August 5, 2003. Reconciliation Act of 1990) (Pub. L. service and security road rehabilitation; 101–508) and part 158 of the Federal general aviation ramp reconstruction ADDRESSES: Send all comments on the Aviation Regulations (14 CFR part 158). (phases I and II); north general aviation proposed technical standard order to: Federal Aviation Administration (FAA), DATES: Comments must be received on ramp reconstruction; north T-hanger Aircraft Certification Service, Aircraft or before August 1, 2003. complex pavement rehabilitation; pavement condition inventory; airport Engineering Division, Avionics Systems ADDRESSES: Comments on this Branch, AIR–130, 800 Independence application may be mailed or delivered access road rehabilitation; Mid- Continent Drive bridge rehabilitation; Avenue, SW., Washington, DC 20591. in triplicate to the FAA at the following ATTN: Mr. Brad Miller. You may address: Federal Aviation security gate entrance driveway reconstruction; Terminal Loop Road deliver comments to: Federal Aviation Administration, Central Region, Administration, Room 815, 800 Airports Division, 901 Locust, Kansas rehabilitation; runway liquid materials spreader; snow sweeper/blower; snow Independence Avenue, SW., City, MO 64106. Washington, DC 20591. In addition, one copy of any removal equipment; airfield sweeper FOR FURTHER INFORMATION CONTACT: Mr. comments submitted to the FAA must truck replacement; mobile stair truck; Brad Miller, Federal Aviation be mailed or delivered to Mr. Bailis F. two disabled passenger boarding Administration (FAA), Aircraft Bell, Director of Airports, at the assistance devices; two aircraft rescue Certification Service, Aircraft following address: Wichita Airport fire fighting (ARFF) vehicles Engineering Division, Avionic Systems Authority, 2173 Air Cargo Road, replacements; ARFF quick response Branch, AIR–130, 800 Independence Wichita, Kansas 67209. vehicle; electrical vault flood protection; Avenue, SW., Washington, DC 20591. Air carriers and foreign air carriers guard stations; terminal restroom Telephone: (202) 385–4628, FAX: (202) may submit copies of written comments remodel; loading bridge program; 385–4651. previously provided to the Wichita terminal area planning study; master SUPPLEMENTARY INFORMATION: Airport Authority, under § 158.23 of plan update. Part 158. Any person may inspect the Comments Invited FOR FURTHER INFORMATION CONTACT: application in person at the FAA office Interested persons are invited to Lorna Sandridge, PFC Program Manager, listed above under FOR FURTHER comment on the proposed TSO listed in FAA, Central Region, 901 Locust, INFORMATION CONTACT. this notice by submitting such written Kansas City, MO 64106, (816) 329–2641. In addition, any person may, upon data, views, or arguments as they desire The application may be reviewed in request, inspect the application, notice to the above specified address. person at this same location. and other documents germane to the Comments received on the proposed SUPPLEMENTARY INFORMATION: The FAA application in person at the Wichita TSO may be examined, before and after proposes to rule and invites public Mid-Continent Airport. the comment closing date, in Room 815,
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FAA Headquarters Building, 800 SUMMARY: The FHWA is issuing this location public hearing will be held for Independence Avenue, SW., notice to advise the public that an which public notice will be given of the Washington, DC 20591, weekdays environmental impact statement (EIS) time and place. The draft EIS will be except Federal holidays, between 8:30 will be prepared for proposed highway available for public and agency review a.m. and 4:30 p.m. All communications improvements in the U.S. Route 460 and comment prior to the public received on or before the closing date corridor from I–295 near Petersburg to hearing. for comments specified above will be the City of Suffolk in Virginia. To ensure that the full range of issues considered by the Director of the FOR FURTHER INFORMATION CONTACT: related to this proposed action are Aircraft Certification Service before Kenneth R. Myers, Planning & addressed and all significant issues issuing the final TSO. Environmental Program Manager, identified, comments and suggestions are invited from all interested parties. Background Federal Highway Administration, PO Box 10249, Richmond, Virginia 23240– Comments or questions concerning this The FAA has developed a new 0249. Telephone: (804)775–3353. proposed action and the EIS should be directed to the FHWA at the address Technical Standard Order, TSO–C165, SUPPLEMENTARY INFORMATION: The provided above. Electronic Map Display Equipment for FHWA, in cooperation with the Virginia Graphical Depiction of Aircraft Position. Department of Transportation (VDOT), (Catalog of Federal Domestic Assistance This proposed TSO prescribes the MPS will prepare an environmental impact Program Number 20.205, Highway Planning for moving map equipment set forth in statement on the proposed and Construction. The regulations implementing Executive Order 12372 section 2 of RTCA Document No. transportation improvements to the (RTCA/DO)–257A, ‘‘Minimum regarding intergovernmental consultation on Route 460 corridor from the intersection Federal programs and activities apply to this Operational Performance Standards for of Routes 460 and I–295 in Prince program.) the Depiction of Navigational George County near Petersburg to the Issued on: June 26, 2003. Information on Electronic Maps,’’ dated interchange of Routes 460 and 58 along June 25, 2003. The standards of this Kenneth R. Myers, the Suffolk Bypass. The study area for Planning & Environmental Program Manager. TSO apply to equipment intended to the proposed corridor improvements [FR Doc. 03–16695 Filed 7–1–03; 8:45 am] provide graphical depiction of would be approximately 10 miles in navigation information on electronic width and 50 miles in length. BILLING CODE 4910–22–P moving map displays for use as an aid Alternatives under consideration to other approved means of navigation. include: (1) Taking no action (no-build); DEPARTMENT OF TRANSPORTATION For portable devices, this TSO may be (2) transportation system management used in combination with Advisory alternative, which would provide, to the Surface Transportation Board Circular (AC) 120–76A, ‘‘Guidelines for extent possible, safety upgrades to the [STB Ex Parte No. 552 (Sub–No. 7)] the Certification, Airworthiness, and existing alignment, signalization Operational Approval of Electronic improvements, intersection Flight Bag Computing Devices,’’ to Railroad Revenue Adequacy—2002 improvements, intelligent transportation Determination obtain a TSO authorization or letter of system (ITS) technologies, and access design approval for an Electronic Map management techniques; (3) a mass AGENCY: Surface Transportation Board, Display for use on the airport surface. transit alternative which, to the extent DOT. How To Obtain Copies feasible, will evaluate commuter rail, ACTION: Notice of decision. light rail, express bus and bus rapid SUMMARY: You may get a copy of the proposed transit options and, (4) alternative On July 2, 2003, the Board TSO from the internet at: http:// corridor alignment build alternatives served a decision announcing the 2002 www.faa.gov/certification/aircraft/ which will include new location revenue adequacy determinations for TSOA.htm. You may request a copy freeway alternatives, and one alternative the Nation’s Class I railroads. No carrier from Mr. Brad Miller. See the section along existing 460 with the option for is found to be revenue adequate. entitled FOR FURTHER INFORMATION bypasses around several towns along the EFFECTIVE DATE: This decision is CONTACT for the complete address. route. effective July 2, 2003. Issued in Washington, DC, on June 26, The FHWA and VDOT are seeking FOR FURTHER INFORMATION CONTACT: 2003. input as a part of the scoping process to Leonard J. Blistein, (202) 565–1529. David W. Hempe, assist in determining and clarifying (Assistance for the hearing impaired is Manager, Aircraft Engineering Division, issues relative to this project. Letters available through the Federal Aircraft Certification Service. describing the proposed action and Information Relay Service (FIRS) at 1– [FR Doc. 03–16644 Filed 7–1–03; 8:45 am] soliciting comments will be sent by the 800–877–8339.) BILLING CODE 4910–13–M VDOT to appropriate Federal, State, and SUPPLEMENTARY INFORMATION: The Board local agencies, and to private is required to make an annual organizations and other interested determination of railroad revenue DEPARTMENT OF TRANSPORTATION parties as part of the scoping effort. adequacy. A railroad is considered Scoping meetings are being planned and revenue adequate under 49 U.S.C. Federal Highway Administration will be announced by VDOT when 10704(a) if it achieves a rate of return on schedules have been confirmed. Early net investment equal to at least the Environmental Impact Statement: coordination with State and Federal current cost of capital for the railroad Prince George, Sussex, Surry, permit and resource agencies has been industry for 2002, determined to be Southampton and Isle of Wight initiated and will continue through the 9.8% in Railroad Cost of Capital—2002, Counties, and the City of Suffolk, VA development of the EIS. The Corps of STB Ex Parte No. 558 (Sub-No. 6) (STB AGENCY: Federal Highway Engineers, the Environmental Protection served June 19, 2003). This revenue Administration (FHWA), DOT. Agency and the Fish and Wildlife adequacy standard was applied to each Service are being requested to be Class I railroad, and no carrier was ACTION: Notice of intent. cooperating agencies. At least one found to be revenue adequate for 2002.
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Additional information is contained The interest of railroad employees Board decisions and notices are in the Board’s formal decision. To will be protected by the conditions set available on our Web site at purchase a copy of the full decision, forth in Oregon Short Line R. Co.— www.stb.dot.gov. write to, call, or pick up in person from: Abandonment—Goshen, 360 I.C.C. 91 Decided: June 23, 2003. Da-To-Da Legal, Room 405, 1925 K (1979). By the Board, Joseph H. Dettmar, Acting Street, NW., Washington, DC 20423. By issuing this notice, the Board is Director, Office of Proceedings. Telephone: 202–293–7776. (Assistance instituting an exemption proceeding Vernon A. Williams, for the hearing impaired is available pursuant to 49 U.S.C. 10502(b). A final through FIRS at 1–800–877–8339.) The Secretary. decision will be issued by September [FR Doc. 03–16309 Filed 7–1–03; 8:45 am] decision is also available on the Board’s 30, 2003. Internet site at www.stb.dot.gov. BILLING CODE 4915–00–P Any offer of financial assistance Environmental and Energy (OFA) under 49 CFR 1152.27(b)(2) will Considerations be due no later than 10 days after DEPARTMENT OF THE TREASURY This action will not significantly service of a decision granting the affect either the quality of the human petition for exemption. Each OFA must Financial Management Service environment or the conservation of be accompanied by a $1,100 filing fee. energy resources. See 49 CFR 1002.2(f)(25). Proposed Collection; Comment All interested persons should be Request Regulatory Flexibility Analysis aware that, following abandonment of ACTION: Notice and Request for Pursuant to 5 U.S.C. 603(b), we rail service and salvage of the line, the Comments. conclude that our action in this line may be suitable for other public proceeding will not have a significant use, including interim trail use. Any SUMMARY: The Department of the economic impact on a substantial request for a public use condition under Treasury, as part of its continuing effort number of small entities. The purpose 49 CFR 1152.28 or for trail use/rail to reduce paperwork and respondent and effect of the action is merely to banking under 49 CFR 1152.29 will be burden, invites the general public and update the annual railroad industry due no later than July 22, 2003. Each other Federal agencies to take this revenue adequacy finding. No new trail use request must be accompanied opportunity to comment on proposed reporting or other regulatory by a $150 filing fee. See 49 CFR and/or continuing information requirements are imposed, directly or 1002.2(f)(27). collections, as required by the indirectly, on small entities. All filings in response to this notice Paperwork Reduction Act of 1995, Decided: June 20, 2003. must refer to STB Docket No. AB–33 Public Law 104–13 (44 U.S.C. By the Board, Chairman Nober. (Sub-No. 207X) and must be sent to: (1) 3506(c)(2)(A). Currently, the Financial Vernon A. Williams, Surface Transportation Board, 1925 K Management Service (FMS) within the Secretary. Street, NW., Washington, DC 20423– Department of the Treasury is soliciting [FR Doc. 03–16589 Filed 7–1–03; 8:45 am] 0001; and (2) Mack H. Shumate, Jr., 101 comments concerning an Electronic BILLING CODE 4915–00–P North Wacker Drive, Room 1920, Funds Transfer (EFT) Survey of Federal Chicago, IL 60606. Replies to the Benefit Recipients. The Federal Reserve petition are due on or before July 22, Bank (FRB) of St. Louis, on behalf of DEPARTMENT OF TRANSPORTATION 2003. FMS/Treasury, is conducting this EFT Persons seeking further information Survey in support of FMS’ on-going Surface Transportation Board concerning abandonment procedures initiatives to increase the use of EFT for [STB Docket No. AB–33 (Sub–No. 207X)] may contact the Board’s Office of Public Federal payments. The FRB of St. Louis Services at (202) 565–1592 or refer to and its contractor, Wirthlin Worldwide, Union Pacific Railroad Company- the full abandonment and will conduct this study of Social Abandonment Exemption-in Lancaster discontinuance regulations at 49 CFR Security Title II and Supplemental County, NE part 1152. Questions concerning Security Income (SSI) benefit payment recipients to identify barriers to On June 12, 2003, Union Pacific environmental issues may be directed to the Board’s Section of Environmental significant increases in EFT for benefit Railroad Company (UP), filed with the payments. Surface Transportation Board (Board) a Analysis (SEA) at (202) 565–1552. DATES: petition under 49 U.S.C. 10502 for (Assistance for the hearing impaired is Written comments should be exemption from the provisions of 49 available through the Federal received on or before September 2, 2003 U.S.C. 10903 to abandon a rail line Information Relay Service (FIRS) at 1– to be assured of consideration. known as the Jamaica Industrial Lead, 800–877–8339.) ADDRESSES: Direct all written comments formerly called the Lincoln Subdivision, An environmental assessment (EA) (or to the U.S. Department of the Treasury, from the Burlington Northern and Santa an environmental impact statement Financial Management Service, Michael Fe Railway Company connection at (EIS), if necessary), prepared by SEA, Dressler, 401 14th St., SW., Room 426B, milepost 56.43 to the end of the line at will be served upon all parties of record Washington, DC 20227, (202) 874–7082; milepost 57.00 in Lincoln, NE, a and upon any agencies or other persons e-mail address: [email protected]. gov distance of 0.57 miles in Lancaster who commented during its preparation. FOR FURTHER INFORMATION CONTACT: County, NE. The line traverses United Other interested persons may contact Requests for additional information or States Postal Service zip codes 68508 SEA to obtain a copy of the EA (or EIS). copies of the form(s) and instructions and 68528. EAs in these abandonment proceedings should be directed tot the U.S. The line does not contain federally normally will be made available within Department of the Treasury, Financial granted rights-of-way. Any 60 days after the filing of the petition. Management Service, Eleanor Kelly, 401 documentation in UP’s possession will The deadline for submission of 14th St., SW., Room 314, Washington, be made available promptly to those comments on the EA will generally be DC 20227, (202) 874–6838, e-mail requesting it. within 30 days of its service. address: [email protected]
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SUPPLEMENTARY INFORMATION: Title: postcard survey will provide research Estimated Time Per Respondent: 30 Electronic Funds Transfer (EFT) Study information from approximately 200 minutes—mail survey, 10 minutes— of Federal Benefit Recipients. unbanked benefit check recipients and non-respondent survey, 23 minutes— Regulation Project Number: Public the pilot survey will provide research telephone survey, 5 minutes—unbanked Law 104–134, Debt Collection information from approximately 15 postcard survey, 60 minutes—indigent Improvement Act of 1996. indigent benefit check recipients. FMS, survey the FRB of St. Louis and its contractor Current Actions: The legislative Estimated Total Annual Burden: estimated that the mail survey questions language accompanying Public Law will take approximately 30 minutes for 1,137 hours. 104–134, The Debt Collection response; the follow-up non-response Request for Comments: Comments Improvement Act of 1996, direct the postcard survey will take approximately submitted in response to this notice will disbursing official (the Secretary of the 10 minutes for response; the telephone be summarized and/or included in the Treasury) ‘‘to study the characteristics survey questions will be asked in request for OMB approval. All of those who currently do not have approximately a 25-minute telephone comments will become a matter of Direct Deposit and determine how best call with each respondent; the public record. Comments are invited on to increase usage among all groups.’’ unbanked postcard survey will take 142 Cong. Rec. H4091 (daily ed. April (a) whether the collection of information approximately 5 minutes for response; is necessary for the proper performance 25, 1996). The Federal Reserve Bank and, the pilot survey of indigent benefit (FRB) of St. Louis and its contractor, of the functions of the agency, including check recipients will take whether the information shall have Wirthlin Worldwide Communications, approximately 60 minutes for each on behalf of FMS/Treasury, plan to practical utility; (b) the accuracy of the respondent. The results of the study will agency’s estimate of the burden of the conduct five phases of a study that be used to develop a marketing and includes: (1) A mail survey with Federal collection of information; (c) ways to communications plan that will serve as enhance the quality, utility and clarity benefit check recipients, and (2) a the basis for a nationwide multi-media of the information to be collected; (d) follow-up postcard survey to the non- EFT campaign. The results of the study ways to minimize the burden of the respondent mail survey recipients; (3) a also will provide information that will collection of information on telephone survey with Federal benefit guide the development of potential new recipients who use Direct Deposit; (4) an electronic payment mechanisms and respondents, including through the use incidence screen (postcard) survey of possible modifications to existing EFT of automated collection techniques or unbanked Federal benefit recipients; products, including Direct Deposit and other forms of information technology; and, (5) a pilot survey in one location the Electronic Transfer Account (ETA). and (e) estimates of capital or start-up of indigent benefit check recipients. The Type of Review: New. costs and costs of operation, mail survey phase of the study will Affected Public: Individuals or maintenance, and purchase of services provide quantitative research households. to provide information. information from approximately 2,000 Estimated Number of Respondents: Dated: June 26, 2003. Federal benefit check recipients. The 2,000 mail survey, 100 non-respondent telephone survey phase of the study will survey, 200 telephone survey, 200 Bettsy H. Lane, provide research information from unbanked postcard survey, 15 indigent Assistant Commissioner, Federal Finance. approximately 200 Federal benefit survey (mail survey tool), 2,515 total [FR Doc. 03–16650 Filed 7–1–03; 8:45 am] recipients who use Direct Deposit. The respondents BILLING CODE 4810–35–M
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Part II
Department of the Interior Fish and Wildlife Service
50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Final Designation and Nondesignation of Critical Habitat for 46 Plant Species From the Island of Hawaii, HI; Final Rule
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DEPARTMENT OF THE INTERIOR Designation of Critical Habitat Provides court orders and court-approved Little Additional Protection to Species settlement agreements, compliance with Fish and Wildlife Service In 30 years of implementing the ESA, which now consumes nearly the entire the Service has found that the listing program budget. This leaves the 50 CFR Part 17 designation of statutory critical habitat Service with little ability to prioritize its activities to direct scarce listing provides little additional protection to resources to the listing program actions RIN 1018–AH02 most listed species, while consuming with the most biologically urgent significant amounts of available Endangered and Threatened Wildlife species conservation needs. conservation resources. The Service’s and Plants; Final Designation and The consequence of the critical present system for designating critical Nondesignation of Critical Habitat for habitat litigation activity is that limited habitat has evolved since its original 46 Plant Species From the Island of listing funds are used to defend active statutory prescription into a process that Hawaii, HI lawsuits, to respond to Notices of Intent provides little real conservation benefit, (NOIs) to sue relative to critical habitat, AGENCY: Fish and Wildlife Service, is driven by litigation and the courts and to comply with the growing number Interior. rather than biology, limits our ability to of adverse court orders. As a result, fully evaluate the science involved, listing petition responses, the Service’s ACTION: Final rule. consumes enormous agency resources, own proposals to list critically and imposes huge social and economic imperiled species, and final listing SUMMARY: We, the U.S. Fish and costs. The Service believes that determinations on existing proposals are Wildlife Service (Service), designate additional agency discretion would all significantly delayed. critical habitat pursuant to the allow our focus to return to those The accelerated schedules of court Endangered Species Act of 1973, as actions that provide the greatest benefit ordered designations have left the amended (Act), for 41 of 58 listed plant to the species most in need of Service with almost no ability to species known historically from the protection. provide for adequate public island of Hawaii. A total of Role of Critical Habitat in Actual participation or to ensure a defect-free approximately 84,200 hectares (208,063 rulemaking process before making acres) of land on the island of Hawaii Practice of Administering and Implementing the Act decisions on listing and critical habitat fall within the boundaries of the 99 proposals due to the risks associated critical habitat units designated for While attention to and protection of with noncompliance with judicially- these 41 species. This critical habitat habitat is paramount to successful imposed deadlines. This in turn fosters designation requires the Service to conservation actions, we have a second round of litigation in which consult under section 7 of the Act with consistently found that, in most those who fear adverse impacts from regard to actions carried out, funded, or circumstances, the designation of critical habitat designations challenge authorized by a Federal agency. Section critical habitat is of little additional those designations. The cycle of 4 of the Act requires us to consider value for most listed species, yet it litigation appears endless, is very economic and other relevant impacts consumes large amounts of conservation expensive, and in the final analysis when specifying any particular area as resources. [Sidle (1987) stated, ‘‘Because provides relatively little additional critical habitat. This rule also the ESA can protect species with and protection to listed species. determines that designating critical without critical habitat designation, The costs resulting from the habitat would not be prudent for four critical habitat designation may be designation include legal costs, the cost species, Cyanea copelandii ssp. redundant to the other consultation of preparation and publication of the copelandii, Ochrosia kilaueaensis, requirements of section 7.’’ designation, the analysis of the Pritchardia affinis, and Pritchardia Currently, only 306 species or 25% of economic effects and the cost of schattaueri. We solicited data and the 1,211 listed species in the U.S. requesting and responding to public comments from the public on all aspects under the jurisdiction of the Service comment, and in some cases the costs of the proposed rule, including data on have designated critical habitat. We of compliance with NEPA, all are part economic and other impacts of the address the habitat needs of all 1,211 of the cost of critical habitat designation. listed species through conservation designation. None of these costs result mechanisms such as listing, section 7 DATES: in any benefit to the species that is not This rule becomes effective on consultations, the Section 4 recovery August 1, 2003. already afforded by the protections of planning process, the Section 9 the Act enumerated earlier, and they ADDRESSES: Comments and materials protective prohibitions of unauthorized directly reduce the funds available for received, as well as supporting take, Section 6 funding to the States, direct and tangible conservation actions. documentation, used in the preparation and the Section 10 incidental take Sidle, J.G. 1987. Critical Habitat of this final rule will be available for permit process. The Service believes Designation: Is it Prudent? public inspection, by appointment, that it is these measures that may make Environmental Management 11(4):429– during normal business hours at U.S. the difference between extinction and 437. Fish and Wildlife Service, Pacific survival for many species. Islands Office, 300 Ala Moana Blvd., Background Procedural and Resource Difficulties in Room 3–122, P.O. Box 50088, Honolulu, In the List of Endangered and Designating Critical Habitat HI 96850–0001. Threatened Plants (50 CFR 17.12(h)), We have been inundated with there are 58 plant species that, at the FOR FURTHER INFORMATION CONTACT: Paul lawsuits for our failure to designate time of listing, were reported from the Henson, Field Supervisor, Pacific critical habitat, and we face a growing island of Hawaii. Islands Office at the above address number of lawsuits challenging critical Twenty-seven of these species are (telephone 808/541–3441; facsimile habitat determinations once they are endemic to the island of Hawaii, while 808/541–3470). made. These lawsuits have subjected the 31 species are reported from the island SUPPLEMENTARY INFORMATION: Service to an ever-increasing series of of Hawaii and one or more other
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Hawaiian islands. Each of these species State of Hawaii, giving rise to its represent viable populations, and the is described in more detail below in the common name, the ‘‘Big Island.’’ We number of recovery populations (e.g., 8 section named, ‘‘Discussion of Plant provided a detailed physical description to 10 with 100, 300, or 500 reproducing Taxa.’’ Although we considered for the island of Hawaii in the proposed individuals). For those species where designating critical habitat on the island critical habitat designation (67 FR we have substantial new or corrected of Hawaii for each of the 58 plant 36970). information, including revisions to the species, for reasons described below, the Species Endemic to Hawaii number occurrence, we list that final designation includes critical information below by species. For all habitat for 41 of 58 plant species. These species and their distribution by island are identified in Table 1 in the other species and additional species Species that also occur on other specific background information on the Hawaiian islands may have critical Federal Register notice proposing this species listed below please refer to the habitat designated on those other critical habitat designation (67 FR proposed rule (May 28, 2002, 67 FR islands in previous rulemakings. 36969). However, it is important to note that in this final rule we are using the 36968). The Island of Hawaii word ‘‘occurrence’’ rather than A summary of occurrences and This largest island of the Hawaiian ‘‘population’’ in most cases. This was landownership for the 58 plant species archipelago comprises 10,458 square done to avoid confusion regarding the on the island of Hawaii appears given in kilometers (sq km) (4,038 sq miles (mi)) number of location occurrences for each Table 1. or two-thirds of the land area of the species, which do not necessarily
TABLE 1.—SUMMARY OF EXISTING OCCURRENCES ON THE ISLAND OF HAWAII AND OF LANDOWNERSHIP FOR 58 SPECIES REPORTED FROM THE ISLAND OF HAWAII
Number of Landownership/jurisdiction Species current occurrences Federal State Private
Achyranthes mutica ...... 1 ...... X Adenophorus periens ...... 4 ...... X 1 XX Argyroxiphium kauense ...... 4 ...... X 1 XX Asplenium fragile var. insulare ...... 36 ...... X 12 XX Bonamia menziesii ...... 2 ...... X Cenchrus agrimonioides ...... 0 ...... Clermontia drepanomorpha ...... 2 ...... X X Clermontia lindseyana ...... 15 ...... X 3 X ...... Clermontia peleana ...... 0 ...... Clermontia pyrularia ...... 2 ...... X 1 X ...... Colubrina oppositifolia ...... 5 ...... X X Cyanea copelandii ssp. copelandii ...... 0 ...... Ctenitis squamigera ...... 0 ...... Cyanea hamatiflora ssp. carlsonii ...... 4 ...... X 3 X ...... Cyanea platyphylla ...... 6 ...... X X Cyanea shipmanii ...... 3 ...... X 3 XX Cyanea stictophylla ...... 6 ...... X X Cyrtandra giffardii ...... 8 ...... X 1 XX Cyrtandra tintinnabula ...... 4 ...... X X Delissea undulata ...... 2 ...... X ...... Diellia erecta ...... 5 ...... X ...... Flueggea neowawraea ...... 12 ...... X X Gouania vitifolia ...... 4 ...... X ...... Hedyotis cookiana ...... 0 ...... Hedyotis coriacea ...... 41 ...... X 2 ...... Hibiscadelphus giffardianus ...... 1 (planted) .... X 1 ...... Hibiscadelphus hualalaiensis ...... 2 (planted) ...... X ...... Hibiscus brackenridgei ...... 4 ...... X X Ischaemum byrone ...... 6 ...... X 1 XX Isodendrion hosakae ...... 3 ...... X Isodendrion pyrifolium ...... 1 ...... X ...... Mariscus fauriei ...... 2 ...... X X Mariscus pennatiformis ...... 0 ...... Melicope zahlbruckneri ...... 3 ...... X 1 X ...... Neraudia ovata ...... 9 ...... X 12 XX Nothocestrum breviflorum ...... 66 ...... X 13 XX Ochrosia kilaueaensis ...... 0 ...... Phlegmariurus mannii ...... 0 ...... Phyllostegia parviflora ...... 0 ...... Phyllostegia racemosa ...... 6 ...... X 13 XX Phyllostegia velutina ...... 8 ...... X 3 XX Phyllostegia warshaueri ...... 7 ...... X X Plantago hawaiensis ...... 6 ...... X 1 X ...... Plantago princeps ...... 0 ...... Pleomele hawaiiensis ...... 22 ...... X 1 XX Portulaca sclerocarpa ...... 24 ...... X 12 XX Pritchardia affinis ...... unknown ......
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TABLE 1.—SUMMARY OF EXISTING OCCURRENCES ON THE ISLAND OF HAWAII AND OF LANDOWNERSHIP FOR 58 SPECIES REPORTED FROM THE ISLAND OF HAWAII—Continued
Number of Landownership/jurisdiction Species current occurrences Federal State Private
Pritchardia schattaueri ...... 3 ...... X Sesbania tomentosa ...... 31 ...... X 14 X ...... Sicyos alba ...... 5 ...... X 1 X ...... Silene hawaiiensis ...... 156 ...... X 12 XX Silene lanceolata ...... 69 ...... X 2 ...... Solanum incompletum ...... 1 ...... X 2 ...... Spermolepis hawaiiensis ...... 30 ...... X 12 X Tetramolopium arenarium ...... 8 ...... X 2 ...... Vigna o-wahuensis ...... 1 ...... X Zanthoxylum dipetalum var. tomentosum ...... 14 ...... X ...... Zanthoxylum hawaiiense ...... 186 ...... X 2 X ...... 1 Hawaii Volcanoes National Park. 2 PTA. 3 Hakalau Forest National Wildlife Refuge. 4 Government Services Administration
Previous Federal Action 36990), we included a detailed we list the final critical habitat summary of the previous Federal designations or nondesignations On May 28, 2002, we published the actions completed prior to publication previously completed for 46 of the 58 court-ordered proposed critical habitat of the proposal. We now provide plant species from the island of Hawaii, designations for 58 plant species from updated information on the actions that some of which also occur on other the island of Hawaii (67 FR 36968). In we have completed since the proposed islands. that proposed rule (beginning on page critical habitat designation. In Table 2,
TABLE 2.—SUMMARY OF CRITICAL HABITAT ACTIONS FOR 58 PLANT SPECIES FROM THE ISLAND OF HAWAII
Final critical habitat Species Date(s) Federal Register
Achyranthes mutica ...... NA NA Adenophorus periens ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 6/17/2003 68 FR 35949 Argyroxiphium kauense ...... NA NA Asplenium fragile var. insulare ...... 5/14/2003 68 FR 25934 Bonamia menziesii ...... 2/27/2003 68 FR 9116 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Cenchrus agrimonioides ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Clermontia drepanomorpha ...... NA NA Clermontia lindseyana ...... 5/14/2003 68 FR 25934 Clermontia peleana ...... NA NA Clermontia pyrularia ...... NA NA Colubrina oppositifolia ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Ctenitis squamigera ...... 2/27/03 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Cyanea copelandii ssp. copelandii ...... NA NA Cyanea hamatiflora ssp. carlsonii ...... NA NA Cyanea platyphylla ...... NA NA Cyanea shipmanii ...... NA NA Cyanea stictophylla ...... NA NA Cyrtandra giffardii ...... NA NA Cyrtandra tintinnabula ...... NA NA Delissea undulata ...... 2/27/2003 68 FR 9116 Diellia erecta ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Flueggea neowawraea ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949
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TABLE 2.—SUMMARY OF CRITICAL HABITAT ACTIONS FOR 58 PLANT SPECIES FROM THE ISLAND OF HAWAII—Continued
Final critical habitat Species Date(s) Federal Register
Gouania vitifolia ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Hedyotis cookiana ...... 2/27/2003 68 FR 9116 Hedyotis coriacea ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Hibiscadelphus giffardianus ...... NA NA Hibiscadelphus hualalaiensis ...... NA NA Hibiscus brackenridgei ...... 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Ischaemum byrone ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 Isodendrion hosakae ...... NA NA Isodendrion pyrifolium ...... 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Mariscus fauriei ...... 3/19/2003 68 FR 12982 Mariscus pennatiformis ...... 2/27/2003 68 FR 9116 5/14/2003 68 FR 25934 5/22/2003 68 FR 28054 6/17/2003 68 FR 35949 Melicope zahlbruckneri ...... NA NA Neraudia ovata ...... NA NA Nothocestrum breviflorum ...... NA NA Ochrosia kilaueaensis ...... NA NA Phlegmariurus mannii ...... 5/14/2003 68 FR 25934 Phyllostegia parviflora ...... 6/17/2003 68 FR 35949 Phyllostegia racemosa ...... NA NA Phyllostegia velutina ...... NA NA Phyllostegia warshaueri ...... NA NA Plantago hawaiensis ...... NA NA Plantago princeps ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Pleomele hawaiiensis ...... NA NA Portulaca sclerocarpa ...... 1/09/2003 68 FR 1220 Pritchardia affinis ...... NA NA Pritchardia schattaueri ...... NA NA Sesbania tomentosa ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Sicyos alba ...... NA NA Silene hawaiiensis ...... NA NA Silene lanceolata ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 6/17/2003 68 FR 35949 Solanum incompletum ...... NA NA Spermolepis hawaiiensis ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Tetramolopium arenarium ...... NA NA Vigna o’wahuensis ...... 5/14/2003 68 FR 25934 6/17/2003 68 FR 35949 Zanthoxylum dipetalum var. tomentosum ...... NA NA Zanthoxylum hawaiiense ...... 2/27/2003 68 FR 9116 3/19/2003 68 FR 12982 5/14/2003 68 FR 25934
For many of the 58 plant species from May 28 proposal (see 65 FR 79192; 65 Cyanea copelandii ssp. copelandii and the island of Hawaii, the issue of FR 83158; 67 FR 3939; 67 FR 15856; 67 Ochrosia kilaueaensis because it would whether critical habitat would be FR 9806; 67 FR 16492; 67 FR 36968; 67 be of no benefit to these species. In the prudent was discussed in previous FR 37108). We also proposed that May 28 proposal, we proposed that proposals and incorporated into the critical habitat was not prudent for critical habitat was not prudent for two
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species of the native palm, Pritchardia comments received during the public Summary of Comments and affinis and Pritchardia schattaueri, comment periods, and to conduct a Recommendations because it would increase the threat of series of public workshops on the In the proposed rule published on vandalism or collection of those species proposals. The joint stipulations were May 28, 2002 (67 FR 36968), we on the island of Hawaii. Critical habitat approved and ordered by the court on requested that all interested parties was not proposed for seven species July 12, 2002. On August 26, 2002, we submit written comments on the (Cenchrus agrimonioides, Ctenitis published a notice (67 FR 54766) proposal. We also contacted all squamigera, Hedyotis cookiana, reopening the public comment period appropriate Federal, State, and local Mariscus pennatiformis, Phlegmariurus until September 30, 2002, on the agencies, scientific organizations, and mannii, Phyllostegia parviflora, and proposal to designate critical habitat for other interested parties and invited Plantago princeps), which no longer plants from the island of Hawaii. On them to comment. Two requests for occur on the island of Hawaii, because September 24, 2002, we published a public hearings were received. We we were unable to identify any habitat notice (67 FR 59811) announcing the announced the date, time, and locations essential to their conservation on the reopening of the comment period until of the public hearings in letters to all island. Critical habitat for 47 November 30, 2002, and a notice of a interested parties, appropriate State and (Achyranthes mutica, Adenophorus public hearing. On October 8, 2002, we Federal agencies, county governments, periens, Argyroxiphium kauense, held a public information meeting at the and elected officials, and in notices Asplenium fragile var. insulare, Hilo State Office Building, Hilo, Hawaii. published in the Federal Register (67 Bonamia menziesii, Clermontia On October 9, 2002, we held a public FR 59811) on September 24, 2002, and drepanomorpha, Clermontia information meeting at Waimea Civic in the Honolulu Star-Bulletin on lindseyana, Clermontia peleana, Center, Waimea, Hawaii. On October 29, October 11, 2002. Transcripts of the Clermontia pyrularia, Colubrina 2002, we held a public hearing at King hearings held in Kailua-Kona and Hilo oppositifolia, Cyanea hamatiflora ssp. Kamehameha Hotel, Kailua-Kona, on October 29 and 30, 2002, carlsonii, Cyanea platyphylla, Cyanea Hawaii. On October 30, 2002, we held respectively, are available for inspection shipmanii, Cyanea stictophylla, a public hearing at Hawaii Naniloa (see ADDRESSES section). Cyrtandra giffardii, Cyrtandra Resort, Hilo, Hawaii. On December 18, We received a total of 29 oral and 672 tintinnabula, Delissea undulata, Diellia 2002, we published a notice (67 FR written comments during the three erecta, Flueggea neowawraea, Gouania 77464) announcing the availability of comment periods on the proposal vitifolia, Hedyotis coriacea, the draft economic analysis on the published on May 28, 2002 (67 FR Hibiscadelphus giffardianus, proposed critical habitat and reopening 36968), and the draft economic analysis, Hibiscadelphus hualalaiensis, Hibiscus the comment period until January 17, including the public information brackenridgei, Ischaemum byrone, 2003. meetings and the public hearings held Isodendrion hosakae, Isodendrion on October 29 and October 30, 2002. pyrifolium, Mariscus fauriei, Melicope In the final rule for Lanai plants (68 These included responses from 12 State zahlbruckneri, Neraudia ovata, FR 1220), we found that critical habitat offices, the Department of Defense (7 Nothocestrum breviflorum, Phyllostegia was prudent for the following 16 multi- responses), and 10 designated peer racemosa, Phyllostegia velutina, island species that also occur on the reviewers. Approximately 586 of these Phyllostegia warshaueri, Plantago island of Hawaii: Adenophorus periens, written comments were identical letters hawaiensis, Pleomele hawaiiensis, Bonamia menziesii, Cenchrus submitted as part of a mailing campaign Portulaca sclerocarpa, Sesbania agrimonioides, Ctenitis squamigera, in support of the proposed critical tomentosa, Sicyos alba, Silene Diellia erecta, Hedyotis cookiana, habitat designations. Of the 86 parties hawaiiensis, Silene lanceolata, Solanum Hibiscus brackenridgei, Isodendrion who did not respond as part of the incompletum, Spermolepis hawaiiensis, pyrifolium, Mariscus fauriei, Portulaca mailing campaign, 21 supported the Tetramolopium arenarium, Vigna o- sclerocarpa, Sesbania tomentosa, Silene proposed designation, 78 were opposed, wahuensis, Zanthoxylum dipetalum var. lanceolata, Solanum incompletum, and 16 provided information or tomentosum, and Zanthoxylum Spermolepis hawaiiensis, Vigna o- expressed neither opposition nor hawaiiense) of 58 plant species from the wahuensis, and Zanthoxylum support for the proposed designation. island of Hawaii was proposed on hawaiiense. In the final rule for Kauai We reviewed all comments received approximately 176,968 ha (437,285 ac) and Niihau plants (68 FR 9116), we for substantive issues and new of land on the island of Hawaii (67 FR found that critical habitat was prudent information regarding critical habitat for 36968). for the following seven multi-island Achyranthes mutica, Adenophorus The publication of the proposed rule species that are also found on the island periens, Argyroxiphium kauense, opened a 60-day public comment of Hawaii: Achyranthes mutica, Delissea Asplenium fragile var. insulare, period, which closed on July 29, 2002. undulata, Flueggea neowawraea, Bonamia menziesii, Clermontia On July 11, 2002, we submitted joint Ischaemum byrone, Mariscus drepanomorpha, Clermontia stipulations to the U.S. District Court pennatiformis, Phlegmariurus mannii, lindseyana, Clermontia peleana, with Earthjustice requesting extension and Plantago princeps. In the final rule Clermontia pyrularia, Colubrina of the court orders for the final rules to for Maui and Kahoolawe plants (68 FR oppositifolia, Cyanea hamatiflora ssp. designate critical habitat for plants from 25934), we found that critical habitat carlsonii, Cyanea platyphylla, Cyanea Lanai (December 30, 2002), Kauai and was prudent for the following eight shipmanii, Cyanea stictophylla, Niihau (January 31, 2003), Molokai multi-island species that also occur on Cyrtandra giffardii, Cyrtandra (February 28, 2003), Maui and the island of Hawaii: Asplenium fragile tintinnabula, Delissea undulata, Diellia Kahoolawe (April 18, 2003), Oahu var. insulare, Clermontia lindseyana, erecta, Flueggea neowawraea, Gouania (April 30, 2003), the Northwestern Clermontia peleana, Colubrina vitifolia, Hedyotis coriacea, Hawaiian Islands (April 30, 2003), and oppositifolia, Gouania vitifolia, Hibiscadelphus giffardianus, the island of Hawaii (May 30, 2003), Hedyotis coriacea, Phyllostegia Hibiscadelphus hualalaiensis, Hibiscus citing the need conduct additional parviflora, and Tetramolopium brackenridgei, Ischaemum byrone, review of the proposals, address arenarium. Isodendrion hosakae, Isodendrion
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pyrifolium, Mariscus fauriei, Melicope these properties on the ground. We propagation and reintroduction as zahlbruckneri, Neraudia ovata, concur with the peer reviewer on the important tasks prior to attempting Nothocestrum breviflorum, Phyllostegia importance of protecting the ecosystems reintroduction. Areas of unoccupied racemosa, Phyllostegia velutina, on which these species depend, as habitat are essential to the conservation Phyllostegia warshaueri, Plantago stated in the purpose of the Act (section of the species because they provide hawaiensis, Pleomele hawaiiensis, 2(b)), and of conserving areas large habitat for the establishment of new Portulaca sclerocarpa, Sesbania enough to maintain and expand populations. tomentosa, Sicyos alba, Silene populations. We considered the (3) Comment: Several commenters, hawaiiensis, Silene lanceolata, Solanum importance of this, as well as the including one peer reviewer, expressed incompletum, Spermolepis hawaiiensis, location of primary constituent concern regarding the Service’s decision Tetramolopium arenarium, Vigna o- elements, when delineating the to not propose critical habitat for wahuensis, Zanthoxylum dipetalum var. boundaries of critical habitat for these Pritchardia species. One reviewer tomentosum, and Zanthoxylum final designations. While we concurred with our finding that hawaiiense. Similar comments were acknowledge the potential negative designation was not prudent, citing grouped into general issues and are impacts of edge effects on small habitat their knowledge of theft and over- addressed in the following summary. fragments, we only included areas that collection of the species; however, nine provide the biological and other did not agree with the Service’s finding Peer Review processes that are essential for the that critical habitat was not prudent In accordance with our policy conservation of the species. (particularly for P. affinis and P. published on July 1, 1994 (59 FR (2) Comment: We received several schattaueri). Several commenters 34270), we solicited independent comments regarding the incorporation disagreed with the Service’s decision to opinions from 23 knowledgeable of unoccupied habitat with critical not propose critical habitat for P. affinis individuals (‘‘peer reviewers’’) with habitat. A peer reviewer commented on and P. schattaueri, stating that they felt expertise in one or several fields, the incorporation of unoccupied habitat the claim that designation would including familiarity with the species, to allow for the recovery of species that increase threats to these species was familiarity with the geographic region have been reduced to an unsustainable speculative. that the species occurs in, and number of populations and said that it Our Response: In this final rule to familiarity with the principles of is unclear whether sufficient habitat is designate or not designate critical conservation biology. We received protected to provide the minimum habitat for 58 plants from the island of comments from 10 of these reviewers. populations needed for recovery. Hawaii, we have incorporated new All generally supported our Another commenter raised the issue that information, and we have addressed methodology and conclusions. Four of more acreage of unoccupied habitat than comments and new information the peer reviewers supported the occupied habitat was being proposed as received during the comment periods. designation of critical habitat on the critical habitat. This commenter felt that However, no additional information was island of Hawaii and the other six critical habitat should encompass the provided during the comment periods neither specifically supported or best populations of each species unless that demonstrates that the threats to opposed the designation. Comments this is entirely impractical. One peer Pritchardia affinis and Pritchardia received from the peer reviewers are reviewer stated that the Service relied schattaueri from vandalism or summarized in the following section too heavily on currently occupied collection would not increase if critical and were considered in developing this habitat and did not address potential habitat were designated for these final rule. habitat that currently lacks rare species. species on the island of Hawaii. We Our Response: The recovery plans for believe that designation of critical Issue 1: Biological Justification and these species identify the need to habitat would likely increase the threat Methodology expand existing populations and re- from vandalism to or collection of these (1) Comment: A peer reviewer establish wild populations within the species of Pritchardia on the island of commented on the configuration of the historical range of each species. Due to Hawaii. First, they are easy to identify, units, stating that with irregular the extremely limited extant range of and second, they may be attractive to boundaries, the units will be difficult to many of these species, designation of collectors of rare palms either for their identify on the ground and that such only occupied areas would not allow us personal use or to trade or sell for boundaries will complicate management to achieve the recovery goals developed personal gain (Johnson 1996). We and increase the risk of fragmentation for the species. Occupied areas, as well believe that the evidence shows that and edge effects on plant populations as similar contiguous or nearby habitat species of Pritchardia may be attractive within the units. The reviewer also that occurs within the designated units to such collectors. Several nurseries noted that proposed units do not appear of critical habitat that may be occupied advertise and sell Pritchardia palms, to be representative of known in the future, provide the essential life including these and other federally geographic and elevation ranges for cycle needs of the species and provide listed Pritchardia species. species and that unit boundaries appear some or all of the habitat components (4) Comment: The majority of the peer to encompass the minimum area needed essential for the conservation (i.e., reviewers supported the multi- to capture known site localities, which primary constituent elements) of these population approach and the Service’s may not provide the full spectrum of species. definition of a population for purposes habitat conditions necessary for long- The protection of additional of recovery; however, several peer term survival and recovery. unoccupied critical habitat is essential reviewers commented on the recovery Our Response: The irregular to ensure the recovery of these species strategy of 8 to 10 populations for each boundaries are a result of attempting to through reintroduction. Although species. Two peer reviewers commented map the primary constituent elements propagation and reintroduction are that it might be difficult to achieve for each species and of the overlapping difficult for some species, both are recovery plan goals of 8 to 10 effect of multiple species’ critical vitally important to their recovery. populations for each species as some of habitat. Universal Transverse Mercator Many recovery plans therefore include these species are rare, localized island coordinates are given to help locate research into best methods of endemics that likely never had 8 to 10
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populations throughout their current conservation biology theory and Our Response: In order to be included evolutionary history and that the practice. This is particularly important in a critical habitat designation, if Service assumes that each population to consider when developing a within range occupied by the species at will be viable in the future when there propagation and reintroduction time of listing, habitat must contain the is no guarantee of this. program, to ensure that recovery efforts biological or physical features essential Our Response: The recovery do not cause or exacerbate genetic to the conservation of the species and objectives found in recovery plans for issues. While measures of genetic may require management. If outside the these species state that 8 to 10 viable diversity do not directly measure range at time of listing, it must be populations are required for recovery of relative fitness, it is reasonable to essential to the conservation of the most of these species. Establishing and assume that the two are correlated. The species. conserving 8 to 10 viable populations on issue of gene flow and genetic drift will (9) Comment: Several peer reviewers one or more islands within the historic be addressed through research actions and other commenters, including the range of the species will provide each identified as needed in the recovery Department of Land and Natural species with a reasonable expectation of plans. Resources, Division of Forestry and persistence and eventual recovery, even (6) Comment: One peer reviewer Wildlife, a State agency, expressed with the high potential that one or more stated that the 8 to 10 population concern over the inclusion of degraded of these populations will be eliminated approach should not preclude the high habitat within critical habitat. Several by normal or random adverse events, priority of building large populations peer reviewers stated that as much such as fires and nonnative plant both through population growth and the habitat as possible, even degraded invasions. There are some specific merger of multiple small populations habitat, should be protected as it has exceptions to this general recovery goal (which will require a breeding plan to potential for reintroduction. One of 8 to 10 populations for species that conserve and increase the genetic commenter noted that while they felt are believed to be very narrowly diversity of remnant populations). that focusing conservation efforts on the distributed on a single island (e.g., Our Response: The areas designated most pristine, least degraded sites is a Argyroxiphium kauense, for which the as critical habitat in this rule allow for logical, efficient, and cost-effective recovery goal is 10 or more large, merging of multiple, small populations strategy when possible, for many of the widespread populations of at least 2,000 (where they exist) and the increase of listed plant species there is not enough individuals each), and designation of population numbers as outlined in our suitable habitat remaining, and, as a critical habitat reflects these exceptions. recovery plans. Because the general use result, it is essential to include degraded For the majority of the species, however, of the word ‘‘population’’ in the areas for future restoration. One designation of adequate suitable habitat proposed rule caused some confusion, commenter specifically requested that for 8 to 10 populations as critical habitat we replaced it with ‘‘occurrence’’ in this excessively degraded areas and those is essential to give the species a rule when referring to existing locations dominated by nonnative plants be reasonable likelihood of long-term of plants, and we use ‘‘population’’ only excluded from critical habitat as these survival and recovery, based on in the context of recovery guidelines. areas would not, or only have nominal currently available information. Each (7) Comment: Several commenters, value to, support the taxa for which recovery plan stated that these recovery including two peer reviewers, stated critical habitat is proposed. goals will be revised as more specific that the species’ need for pollinators is Our Response: We agree that recovery information becomes available for each important to consider. One peer of a species is more likely in designated species. reviewer stated that designation of critical habitat in the least degraded (5) Comment: Several peer reviewers critical habitat needs to consider the areas containing primary constituent raised the issue of genetic drift and the presence of appropriate pollinators for elements. However, for some species, difficulty of measuring this species that do not self-pollinate or especially those only known from low phenomenon in terms of the 8 to 10 feasible, sustainable alternatives to key elevation areas, only degraded habitat populations. One reviewer pollinators that may be absent. The remains. Therefore, some units contain recommended that we consider the Service’s consideration of this issue did essential habitat that, while currently consequences of this proposed not appear to be explicitly listed in the degraded, is essential to the population structuring on genetic drift proposed rule. conservation of the species. or inbreeding, and how this potential Our Response: Very little is known Management for the restoration of these problem might be alleviated. One peer about the life histories of many of these habitats is addressed in the species’ reviewer commented that he did not plant species. The species’ accounts recovery plans. However, we have believe that defining a population on provided in the proposed rule excluded manmade features that do not the basis of low/no gene flow would acknowledged that loss of pollinators, contain the primary constituent benefit the species. One reviewer through habitat loss or predation by elements, and we have revised this list cautioned that for clonal species, the nonnative insects, could be a factor in based on information received during number (100, 300, 500) needs to reflect lack of species’ regeneration. As such, the public comment periods. genetic individuals, not ramets. Another we created critical habitat units that (10) Comment: One peer reviewer stated that, ideally, every population were of sufficient size to provide habitat commented on the omission of large should be genetically isolated from all for at least one population of the target areas of high quality dry forest that other conspecific populations. species in which the individuals could contain key populations of Neraudia Our Response: Many of the species be regularly cross-pollinated. We also ovata, Nothocestrum brevifolium, and have been reduced to such low numbers recommend, as a management action, Pleomele hawaiiensis from critical that the recovery plans identify maintenance (to the extent we have habitat. The commenter noted that propagation and reintroduction as a key data) of natural pollinators and hundreds of acres of the best dry forest step. While we do not have direct pollination systems. were not proposed to be included as evidence for most species to indicate (8) Comment: Two commenters stated critical habitat; however, degraded that reduced reproductive vigor or that the Service failed to demonstrate shrublands (as low quality dry forest) inbreeding are problems, we believe that proposed critical habitat is essential were proposed for inclusion. One peer they should be considered, based on to species conservation. reviewer commented that some lowland
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populations do not appear to have been parviflora has not been observed on the (14) Comment: Several commenters included in the proposal. This reviewer island of Hawaii since the 1800s. stated that they did not concur that the recommended that suitable areas in Plantago princeps has not been seen on Service used the best available scientific lowlands that still support semi-natural the island of Hawaii since the 1860s. information. plant communities and that have the Until these species are rediscovered, we Our Response: In accordance with potential to be restored should be are unable to identify habitat essential sections 3(5)(A)(i) and 4(b)(1)(A) of the considered. to their conservation due to lack of Act and regulations at 50 CFR 424.12, Our Response: This rule designates information in the historical record. We we are required to base critical habitat four critical habitat units for Neraudia chose not to speculate on the needs of determinations on the best scientific ovata for a total of six populations. In these species on the island of Hawaii. and commercial data available. The use addition, four populations of N. ovata Therefore, no change is made to our not of information gathered from reliable occur on the excluded lands at PTA. prudent determinations here. If these sources determined which lands were Three critical habitat units for species are rediscovered on the island of proposed as critical habitat. Based upon Nothocestrum breviflorum are Hawaii, we may propose critical habitat newly available information, designated in this rule for a total of nine for these species at that time. coordination with landowners and populations. Four critical habitat units (12) Comment: Several commenters stakeholders, and input received during for Pleomele hawaiiensis are designated expressed concern over the Service’s the public comment period, we have in this rule for a total of nine failure to propose critical habitat for made revisions to the areas designated populations. In addition, excluded Cyanea copelandii ssp. copelandii and as critical habitat, which are reflected in Kamehameha Schools land provides Ochrosia kilaueaensis ‘‘because they this final rule. We are not aware of any habitat for one population of Pleomele have not been seen recently in the wild reliable information that is currently hawaiiensis. Thus, we have designated and no viable genetic material is known available to us that was not considered habitat for 8 to 10 populations for each to exist.’’ One commenter considered in this designation process. of these species as outlined in our this finding to be the first step in (15) Comment: One commenter noted recovery plans. We evaluated all delisting the species. that there are several listed plants suitable habitat identified for each Our Response: Historically, Cyanea historically known from the Hawaiian species under consideration in this rule, copelandii ssp. copelandii was found at Islands that are not included in the but are designating only those areas two sites on the southeastern slope of proposals; they suggested that the deemed essential for the conservation of Mauna Loa, near Glenwood. Ochrosia proposals for critical habitat should these species. Nevertheless, the habitat kilaueaensis is known historically only clearly state that only plants listed from outside of these areas may contribute to from Puuwaawaa and at Kipuka Puaulu 1990 to 1996 are included. Another the conservation of these species and in Hawaii Volcanoes National Park. commenter expressed concern over the are subject to other provisions of the Neither of these species have been seen Service’s failure to propose critical Act. in the wild since 1957 and 1927, (11) Comment: One peer reviewer did respectively. No viable genetic material habitat for Cyrtandra crenata. One peer not agree that critical habitat should not is known to exist for either species, so reviewer commented that it was unclear be proposed for the seven plant species there is no possibility of propagation why critical habitat was not proposed believed to be extirpated on the island materials for use in restoration efforts. for designation on the island of Hawaii of Hawaii, stating that even if they are For these reasons, critical habitat is not for Caesalpinia kavaiensis, Abutilon believed extirpated, it is possible that designated, as it would be of no benefit. menziesii, Argyroxiphium sandwicense some species may be found during (13) Comment: One peer reviewer ssp. sandwicense, Lipochaeta venosa, future surveys. Even if this is not the commented that in order to fully assess and Gardenia brighamii, especially case, future restoration efforts for these the validity of proposed critical habitat, when A. sandwicense ssp. sandwicense seven species may be more effective if an indication of the uncertainties in the and L. venosa are only known from the currently unoccupied habitat on the data used in its identification should be island of Hawaii, and the recovery plan island of Hawaii is included in included. This would include things for Gardenia brighamii calls for the designated critical habitat. such as whether expert opinion, data establishment and maintenance of three Our Response: Critical habitat is not from surrogate species, or direct populations on this island. The same designated for Cenchrus agrimonioides, quantitative assessments were used and reviewer recommended that the Service Ctenitis squamigera, Hedyotis cookiana, the relative reliability of those data discuss why the above species are not Mariscus pennatiformis, Phlegmariurus sources. This type of information could included in the action and provide mannii, Phyllostegia parviflora, and then serve as a guide for further data notice of the subsequent action in which Plantago princeps on the island of collection and to highlight which critical habitat for these species will be Hawaii because these species no longer critical habitat areas were likely to be addressed. The reviewer also noted that occur on this island, and we are unable modified once new data become a discussion of the relationship of other to determine habitat essential to their available. designated critical habitat (e.g., for conservation. There is an Our Response: All data and Kokia drynarioides) to the critical undocumented report of Cenchrus information on species’ status received habitat proposed in this rule should agrimonioides on the island of Hawaii in preparation of this rule were equally have been included. made in 1800. Ctenitis squamigera was weighted and considered to come from Our Response: The species named by last collected on the island of Hawaii in reliable sources. Where discrepancies the commenters were not included in 1909, at ‘‘Kalua,’’ an indeterminable existed between different data sources, the court order in Conservation Council place name. Hedyotis cookiana was last the most current data were used. for Hawaii v. Babbitt, 2F. Supp. 2d 1280 collected on the island of Hawaii in Changes in this final rule that decrease (D. Haw. 1998) and subsequent 1816. Mariscus pennatiformis has not the boundaries of many units are based stipulations, and therefore were not been seen on the island of Hawaii since on additional information received included in this rulemaking. We may the middle of the 1800s. Phlegmariurus during the public comment period and consider critical habitat for these mannii was last collected on the island in meetings with additional species species in the future if warranted and if of Hawaii in 1949. Phyllostegia experts and land managers. funding and resources are available.
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(16) Comment: One commenter stated species are designated in this rule for a noted that unit Hawaii B contains prime that the Service should consider total of nine populations, and excluded and other important agricultural lands recovering threatened and endangered Kamehameha Schools lands provide along both sides of Kohala Mountain plant species in areas that are already habitat for one additional population Road. protected and managed (e.g., Hawaii (see ‘‘Analysis of Impacts Under Section Our Response: Unit Hawaii B Volcanoes National Park and Hakalau 4(b)(2)’’). Unit Hawaii A2 was proposed provides habitat for six populations of National Wildlife Refuge) as these areas as critical habitat for one species, Clermontia drepanomorpha and three are pristine and free of threats and are Nothocestrum breviflorum. There is populations of Phyllostegia warshaueri locations where native species have habitat designated elsewhere on the within their historical ranges. made a dramatic recovery. island of Hawaii for this species, Modifications were made to this unit to Our Response: We agree that these providing habitat for nine populations. exclude areas that do not contain the managed areas should be a focus for The area between the two units is not primary constituent elements for these recovery actions. We have included considered essential for the species. several such areas in critical habitat on conservation of either of these species. (23) Comment: One commenter the island of Hawaii that contain the (20) Comment: One commenter stated suggested that unit Hawaii D be appropriate primary constituent that proposed critical habitat areas for expanded to include more endangered elements for each species. However, Achyranthes mutica (unit Hawaii B) plant species and that perhaps this these areas alone do not include all of should be plotted using a global could be accomplished by transferring the habitat essential for the conservation positioning system and identified on the some of the acreage allocated to of the species for which critical habitat critical habitat maps, with the unoccupied habitat in unit Hawaii D3 to is designated on the island of Hawaii. subsequent removal of any other areas. occupied habitat in unit Hawaii D7. (17) Comment: The Department of Our Response: We have revised the Several commenters provided Land and Natural Resources, Division of unit to include only the gulches in this information on species present within Forestry and Wildlife, a State agency, area. Ten critical habitat units, unit Hawaii D, including: Portulaca stated that the proposal did not provide encompassing a total of 603 ha (1,491 sclerocarpa in unit Hawaii D1; information on the critical habitat ac), have been designated for this multi- Lipochaeta venosa in unit Hawaii D2; proposed on other islands, did not island species. The remaining area Acacia koaia in unit Hawaii D4; the separately map or identify how much outside of the gulches has been largest known population of Lipochaeta acreage is needed for each of the removed. venosa and unoccupied habitat for populations, and did not specify how (21) Comment: The Department of Tetramolopium arenarium in unit many separate populations are within Land and Natural Resources, Division of Hawaii D4, and a very extensive each unit. As such, it did not contain Forestry and Wildlife, a State agency, population of Portulaca sclerocarpa and enough information to evaluate the stated that unit Hawaii C contains only two populations of Isodendrion hosakae adequacy of the proposal. planted individuals of Sesbania and Silene hawaiiensis in unit Hawaii Our Response: While the proposed tomentosa and is not considered to be D7. rule for critical habitat on the island of critical habitat for this species. Our Response: Unit Hawaii D1 Hawaii did not repeat the information However, Lapakahi State Park in North through Hawaii D8 were proposed as contained in the critical habitat Kohala should be considered for critical critical habitat for Isodendrion hosakae, designations for the other islands, we habitat. Portulaca sclerocarpa, and Vigna o- made the data available upon request. In Our Response: The entire area wahuensis. Habitat is provided for two this rule, we have mapped each species’ proposed for Sesbania tomentosa in this populations of Isodendrion hosakae and critical habitat and provide separate unit was excluded, as it is not essential one population of Vigna o-wahuensis on maps, acreage, and population numbers. to the conservation of this species the excluded lands at PTA. For multiple-island species, we have because it has a lower proportion of Modifications were made to these units included information on whether associated native species than other to exclude areas that do not contain the critical habitat has been designated on areas we consider to be essential to the primary constituent elements for these other islands and the number of conservation of this species. There is species or were considered not essential populations allowed for, both in critical critical habitat designated elsewhere on to the conservation of these species habitat and in excluded lands. the island of Hawaii for this species that because they have a lower proportion of (18) Comment: One commenter stated provides habitat for two populations. associated native species than other that while the Navy will manage We have not included Lapakahi State areas we consider to be essential to the endangered species found on its Park in the critical habitat designation conservation of these species, and there property, they would not agree to the for Sesbania tomentosa because it was are at least eight other locations that introduction of an endangered species not deemed essential to the have been designated to meet the to an area where it does not occur. conservation of the species. There are recovery goal of 8 to 10 populations Our Response: No Navy lands are other locations that have been throughout their historical ranges on included in critical habitat on the island designated as critical habitat in order to this and other islands. Other of Hawaii. meet the recovery goal of 8 to 10 endangered species in this area are not populations throughout its historical part of this rulemaking. Issue 2: Site-Specific Biological range on this and other islands. (24) Comment: The Department of Comments (22) Comment: The Department of Land and Natural Resources, Division of (19) Comment: The Department of Land and Natural Resources, Division of Forestry and Wildlife, a State agency, Land and Natural Resources, Division of Forestry and Wildlife, a State agency, suggested removing the northeast corner Forestry and Wildlife, a State agency, recommended that the boundary for of unit Hawaii E that extends into asked why units Hawaii A1 and Hawaii unit Hawaii B follow the Puu O Umi Hawaiian Home Lands property as it is A2 are separated. NAR boundary on the northeast side, degraded pasture land. If the unit Our Response: Hawaii A1 provides noting that the Kohala Forest Reserve is followed the Laupahoehoe section of the habitat for Pleomele hawaiiensis. Three very degraded and does not merit status Hilo Forest Reserve boundary, it would other critical habitat units for this as critical habitat. Another commenter be more accurate.
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Our Response: This unit was Some portions excluded were not and Wildlife, a State agency, proposed as critical habitat for three essential to the conservation of these recommended that the boundary of species: Clermontia lindseyana, species because they have a lower Hawaii K should exclude the Clermontia pyrularia, and Phyllostegia proportion of associated native species plantations in the Waihaka Gulch area. racemosa. Modifications were made to than other areas we consider to be Also, the commenter questioned why a this unit to exclude areas that do not essential to the conservation of these large section of the Waihaka and contain the primary constituent species, and there are at least eight other Kaalaala drainages is omitted from this elements for these species. The unit locations that have been designated or unit. now lies only in the Hakalau Forest proposed to meet the recovery goal of 8 Our Response: The Act requires us to National Wildlife Refuge and the Hilo to 10 populations throughout these use the best available scientific and Forest Reserve. species’ historical ranges on this and commercial information in undertaking (25) Comment: One commenter other islands. We excluded the species listing and recovery actions, provided information for unit Hawaii F proposed critical habitat for the multi- including the designation of critical regarding two populations of Cyrtandra island species Asplenium fragile var. habitat as set forth in this rule. In the tintinnabula (at Nauhi in the Honohina insulare in unit Hawaii G because it is proposed rule, we concluded that many Tract and in the Maulua Tract) not essential to the conservation of this areas were not essential for the occurring at the highest elevation cutoff species. Asplenium fragile var. insulare conservation of plant species on the in this unit and in unit Hawaii E at is historically known from Maui, and island of Hawaii, based on available about 5,000 feet elevation. we designated critical habitat for two information concerning status of the Our Response: Unit Hawaii E was populations of this species on that species in specific areas and level of proposed as critical habitat for three island. There is also habitat for seven habitat degradation. Several areas of the species: Clermontia lindseyana, populations on lands excluded from this island were not included in the Clermontia pyrularia, and Phyllostegia final rule on the island of Hawaii in proposed rule, or are excluded from this racemosa. Modifications were made to PTA (see ‘‘Analysis of Impacts Under final rule, because they are not essential this unit to exclude areas that do not Section 4(b)(2)’’), and this rule for the conservation of the species. We contain the primary constituent designates critical habitat for one determined them to be nonessential due elements for these species. Unit Hawaii population elsewhere on the island. We to their lacking primary constituent F was proposed as critical habitat for excluded the proposed critical habitat elements or lacking the primary seven species: Clermontia peleana, on Kamehameha Schools lands in this constituent elements and being more Cyanea platyphylla, Cyanea shipmanii, area because the benefits of excluding degraded when compared to other areas. Cyrtandra giffardii, Cyrtandra these lands outweighed the benefits of (29) Comment: One commenter stated tintinnabula, Phyllostegia racemosa, including them in critical habitat (see that they did not understand how the and Phyllostegia warshaueri. Two ‘‘Analysis of Impacts Under Section Service could propose critical habitat in critical habitat units are designated in 4(b)(2)’’). Those excluded lands provide unit Hawaii L that is used by the this rule with habitat for a total of nine habitat for recovery populations of Volcano Wilderness Run (an annual populations of Cyrtandra tintinnabula. Phyllostegia racemosa and Phyllostegia sports event). Although the habitat in unit Hawaii E velutina. Our Response: Operation, use, and may be important for the conservation (27) Comment: One commenter stated maintenance of existing manmade of this species, we do not believe that that the lone justification for unit features and structures adjacent to it is essential at this time. Hawaii J is the presence of Adenophorus critical habitat, or where primary (26) Comment: One commenter stated periens, which is currently found on constituent elements are absent, are not that he had not been provided with Kauai, Molokai, and Hawaii. Within this subject to consultation pursuant to specific information on how the unit, that species is threatened by section 7 of the Act. The Volcano decision to propose critical habitat in volcanic emissions and acid Wilderness Run uses existing manmade unit Hawaii G was made. The precipitation, feral pigs and goats, and structures and thus would not be Department of Land and Natural competition from nonnative plants. affected by a critical habitat designation Resources, Division of Forestry and Our Response: Unit Hawaii J (now in Hawaii Volcanoes National Park, Wildlife, a State agency, stated that in called unit Hawaii 28—Adenophorus which contains proposed unit Hawaii L unit Hawaii G, the area north of periens—a) is designated as critical unless there are impacts on adjacent Stainback Highway that is above 3,200 habitat for Adenophorus periens and critical habitat. feet elevation should be added to this provides habitat within its historical (30) Comment: The Department of unit and the area around Kulani, south range for one population of this multi- Land and Natural Resources, Division of of the highway, should be omitted, as it island species. This unit, along with Forestry and Wildlife, a State agency, is dominated by timber plantations. designated critical habitat for this suggested that the boundaries for units Our Response: This unit was species on Kauai (four populations), Hawaii N1 and Hawaii N2 should be proposed as critical habitat for 12 Oahu (one population), and Molokai closer to the coast and include the species: Argyroxiphium kauense, (four populations), is needed to help coastline itself. Asplenium fragile var insulare, achieve the recovery goal of 8 to 10 Our Response: Unit Hawaii N1 is Clermontia lindseyana, Clermontia populations of this multi-island species. situated along the coast and includes peleana, Cyanea platyphylla, Cyanea (28) Comment: One peer reviewer the coastline from Keoneokanuku Bay to shipmanii, Cyanea stictophylla, suggested that unit Hawaii J should be Kamilo Point. Unit Hawaii N2 is also Cyrtandra giffardii, Phyllostegia extended toward the coast to provide an situated along the coast and includes racemosa, Phyllostegia velutina, elevation corridor with unit Hawaii M5. the coastline from Mahana Bay to Plantago hawaiensis, and Sicyos alba. This reviewer also asked why units Pohakea. Modifications were made to this unit to Hawaii K and Hawaii H or Hawaii J and (31) Comment: The Department of exclude areas that do not contain the Hawaii L were not linked and why unit Land and Natural Resources, Division of primary constituent elements for these Hawaii AA does not include areas to the Forestry and Wildlife, a State agency, species or were considered not essential south. The Department of Land and stated that unit Hawaii P should include to the conservation of these species. Natural Resources, Division of Forestry the Hawaiian Ranchos subdivision and
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be extended toward the ocean. Another lindseyana, so critical habitat for this species, it is not considered to be commenter stated that this unit was species should be added the unit. essential. proposed due to the presence of one Our Response: Clermontia lindseyana (37) Comment: The Department of occurrence of Pleomele hawaiiensis. is currently found on Maui and the Land and Natural Resources, Division of Our Response: Unit Hawaii P was island of Hawaii. Critical habitat for two Forestry and Wildlife, a State agency, proposed as critical habitat for one populations was designated on Maui suggested that Pleomele hawaiiensis be species, Pleomele hawaiiensis; however, and habitat for eight populations is added to unit Hawaii Y1 and the entire area proposed for this species designated for this species on the island Caesalpinia kavaiensis added to unit has been removed. This change was of Hawaii in this rule. Therefore, Hawaii Y2. made because we determined that this additional populations were not deemed Our Response: Caesalpinia kavaiensis unit is not essential to the conservation essential. is not included in the court order, and of this species because it has a lower (35) Comment: The Department of therefore was not included in this proportion of associated native species Land and Natural Resources, Division of rulemaking. There is habitat designated than other areas we consider to be Forestry and Wildlife, a State agency, elsewhere on the island of Hawaii for essential to the conservation of this provided information that unit Hawaii Pleomele hawaiiensis for 10 species and because there are 10 other W is not currently occupied by wild populations. Although the habitat in the locations that have been designated to individuals of Delissea undulata but Honuaula Forest Reserve may be meet the recovery goal of 8 to 10 does contain historical habitat for this important for the conservation of this populations throughout its historical species and for Zanthoxylum species, it is not essential. range on this island. hawaiiense. (38) Comment: The Department of (32) Comment: The Department of Our Response: Unit Hawaii W was Land and Natural Resources, Division of Land and Natural Resources, Division of proposed as critical habitat for one Forestry and Wildlife, a State agency, Forestry and Wildlife, a State agency, species, Delissea undulata. The entire stated that much of unit Hawaii Z stated that unit Hawaii Q should be area proposed for this species was contains badly degraded areas, and extended to match the Manuka NAR excluded. Portions of this unit are not these areas should be excluded from boundary, with the southern boundary essential to the conservation of this designation, as they are currently being moved to the south-southeast (to the species. We excluded the proposed managed for hunting, ranching, and 200-meter elevation contour) and critical habitat on Kamehameha Schools other multiple use programs that may concurrent with the Manuka NAR lands in this area because the benefits not be compatible with plant critical southeastern boundary. of excluding these lands outweighed the habitat management. Our Response: This unit was benefits of including them in critical Our Response: Unit Hawaii Z was proposed as critical habitat for six habitat (see ‘‘Analysis of Impacts Under proposed as critical habitat for 12 species: Colubrina oppositifolia, Diellia Section 4(b)(2)’’). These excluded lands species: Bonamia menziesii, Colubrina erecta, Flueggea neowawraea, Gouania are still essential and provide habitat for oppositifolia, Cyanea stictophylla, vitifolia, Neraudia ovata, and Pleomele three populations of Delissea undulata. Delissea undulata, Flueggea hawaiiensis. Modifications were made There is habitat designated elsewhere neowawraea, Hibiscadelphus to this unit to remove areas that do not on the island of Hawaii for this species, hualalaiensis, Hibiscus brackenridgei, contain the primary constituent providing habitat for two populations. Nothocestrum breviflorum, Phyllostegia elements for these species. The portions Delissea undulata is known historically velutina, Plantago hawaiensis, Pleomele not included were not essential to the on Maui and is currently found on hawaiiensis, and Zanthoxylum conservation of these species because Kauai and the island of Hawaii. In dipetalum var. tomentosum. they have a lower proportion of addition to the designation in this rule, Modifications were made to this unit to associated native species than other we have also designated critical habitat exclude areas that do not contain the areas we consider to be essential to the on Kauai (habitat for three populations). primary constituent elements for these conservation of these species, and there Zanthoxylum hawaiiense is known species or are not essential to the are at least eight other locations that historically on Lanai and is currently conservation of these species. Some have been designated to meet the found on Kauai, Molokai, Maui, and the portions removed are not essential to recovery goal of 8 to 10 populations island of Hawaii. We designated critical the conservation of these species throughout their historical ranges. We habitat for this species on Kauai (habitat because they have a lower proportion of did not add any area to this unit because for two populations), Molokai (habitat associated native species than other there is enough habitat to provide 10 for one population), and Maui (habitat areas we consider to be essential to the populations throughout the historical for one population). There is additional conservation of these species, and there ranges of each of these species. habitat for six populations of are at least 8 other locations that have (33) Comment: The Department of Zanthoxylum hawaiiense on the island been designated to meet the recovery Land and Natural Resources, Division of of Hawaii in the excluded PTA lands goal of 8 to 10 populations throughout Forestry and Wildlife, a State agency, (see ‘‘Analysis of Impacts Under Section their historical ranges on this and other stated that the boundary of unit Hawaii 4(b)(2)’’). islands. R should be moved south to match up (36) Comment: The Department of (39) Comment: The Department of the with the boundary of State lands at Land and Natural Resources, Division of Land and Natural Resources, Division of Honomalino. Forestry and Wildlife, a State agency, Forestry and Wildlife, a State agency, Our Response: The northern boundary provided information that unit Hawaii X stated that much of unit Hawaii AA is of unit Hawaii R was moved south to contains Phyllostegia velutina (in badly degraded; dominated by weedy, include only the South Kona Forest Honuaula Forest Reserve). fire-prone vegetation; and is currently Reserve. Our Response: Two critical habitat being managed for hunting, which may (34) Comment: The Department of units for Phyllostegia velutina are not be compatible with plant critical Land and Natural Resources, Division of designated in this rule for a total of 10 habitat management. The commenter Forestry and Wildlife, a State agency, populations. Although the habitat in the also suggested that the lower boundary provided information that unit Hawaii T Honuaula Forest Reserve may be of this unit be at the 3,500-foot elevation contains habitat for Clermontia important for the conservation of this level and configured in accordance with
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the Service’s map of the upper Puu court order in Conservation Council of size), major roads, geographical Anahulu area in order to omit the Hawaii v. Babbitt (D. Hawaii 1998) and landmarks, and elevation contours were central portion, which is dominated by subsequent stipulations and therefore included in the maps. It would be cost- Pennisetum setaceum. was not included in this rulemaking. prohibitive and make the rule Our Response: This unit was Critical habitat is designated elsewhere unnecessarily large to include all the proposed as critical habitat for 10 on the island of Hawaii for Isodendrion information available. Specific maps, species: Asplenium fragile var. insulare, hosakae (for eight populations). Four such as landownership and land use Hedyotis coriacea, Neraudia ovata, other critical habitat units for Neraudia maps, are available upon request. Portulaca sclerocarpa, Silene ovata are designated on the island of (46) Comment: One commenter stated hawaiiensis, Silene lanceolata, Solanum Hawaii for a total of six populations, that most of the primary constituent incompletum, Spermolepis hawaiiensis, and habitat is provided for four elements put forth by the Service are Tetramolopium arenarium, and populations on the excluded lands at non-specific plant community Zanthoxylum hawaiiense. The entire PTA (see ‘‘Analysis of Impacts Under associations or general physical area proposed for these species was Section 4(b)(2)’’). Isodendrion locations and lack a clear and excluded (see ‘‘Analysis of Impacts pyrifolium is known historically on quantifiable relationship to the species, Under Section 4(b)(2)’’). Oahu, Molokai, Lanai, and Maui and is but this information will be essential for (40) Comment: One peer reviewer currently found on the island of Hawaii. future consultations with the Service. suggested that the northern and eastern We designated critical habitat for this Our Response: As described in the portion of PTA be removed from critical species on Oahu (habitat for three discussions for each of the 47 species habitat, even though this area has populations), Molokai (habitat for one for which critical habitat was proposed, numerous populations of Silene population), and Maui (habitat for two very little is known about the specific hawaiiensis, since there are large populations). Habitat for two additional physical and biological requirements of populations of this species in other populations is in the lands excluded these species. As such, we defined the critical habitat units. from critical habitat on Lanai. Three primary constituent elements on the Our Response: All of PTA lands are critical habitat units for Nothocestrum basis of the habitat features of the areas being excluded from critical habitat in breviflorum are designated in this rule from which the plant species are this rule (see ‘‘Analysis of Impacts for a total of nine populations. Although reported, such as the type of plant Under Section 4(b)(2)’’). the habitat outside of these areas may be community, associated native plant (41) Comment: One commenter stated important for the conservation of these species, locale information (e.g., steep that critical habitat units Hawaii B, D2, species, it is not essential. rocky cliffs, talus slopes, stream banks), N, O, Z, and AA affect grazing lands; (43) Comment: Several commenters and elevation. The habitat features units M2 and M3 affect papaya orchards suggested that we update the represent the ecological components in mauka areas of Puna; and unit Q distribution of Cyrtandra tintinnabula required by the plant. The type of plant affects macadamia nut orchards and by contacting a local expert; another community and associated native plant livestock grazing. provided information that Hibiscus species represent on specific Our Response: Modifications were brackenridgei had recently been located microclimate conditions, retention and made to units Hawaii B, D2, O, Q, and on Puuwaawaa. availability of water in the soil, soil Z to remove areas that do not contain Our Response: We have revised the microorganism community, and the primary constituent elements. Units designated critical habitat in the final nutrient cycling and availability. The Hawaii N1, N2, M2, and M3 were all rule to incorporate new information and locale indicates soil type, elevation, removed, as these areas are not essential to address comments and new rainfall regime, and temperature. to the conservation of Sesbania information received during the Elevation indicates information on daily tomentosa and Ischaemum byrone. They comment periods, including and seasonal temperature and sun are not essential because they have a information on species occurrences and intensity. Therefore, the descriptions of lower proportion of associated native areas of potentially suitable unoccupied the physical elements of the locations of species than other areas we consider to habitat for some of these species. each of these species and the plant be essential to the conservation of these (44) Comment: One commenter stated communities associated with the species, and there are at least 10 other that the subdivisions of Kona species represent the primary locations that have been designated for Coastview, Kona Wonderview, and constituent elements for these species. each of these species. In addition, Unit Kona Highlands are not appropriate for (47) Comment: One commenter Hawaii AA was excluded (see ‘‘Analysis propagation of Pleomele hawaiiensis, as remarked that only a rudimentary map of Impacts Under Section 4(b)(2)’’). they are residential areas that are was provided with no indication of the covered with roads, driveways, houses, boundaries of the proposed areas, Issue 3: Species-Specific Biological acreage involved, nor any indication of Comments and lawns. Our Response: The subdivisions of how the Service determined what lands (42) Comment: One peer reviewer Kona Coastview, Kona Wonderview, were in or out of proposed critical commented that the following should be and Kona Highlands are not included in habitat. included in critical habitat: Cinder cone the proposed or final critical habitat for Our Response: The maps in the habitats in the Waimea area for Pleomele hawaiiensis. Federal Register provide the general Isodendrion hosakae and Lipochaeta location and shape of critical habitat venosa; eastern Mauna Kea wet forests, Issue 4: Mapping and Primary and are provided for reference purposes especially the areas downslope from Constituent Elements to guide Federal agencies and other Hakalau National Wildlife Refuge; dry (45) Comment: One peer reviewer interested parties in locating the general forests north of Kona (for Neraudia suggested that it would be informative boundaries of the critical habitat (50 ovata, Isodendrion pyrifolium, and to show State and Federal property CFR 17.94). The legal descriptions are Nothocestrum brevifolium); and dry and boundaries as well as roads and readily plotted and transferable to a mesic forests in south Kona. elevation contours. variety of mapping formats and were Our Response: Lipochaeta venosa is Our Response: Depending on the scale made available electronically upon not one of the species at issue in the of the map (which is dependent on unit request for use with GIS programs. Unit
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boundaries were defined by giving the property maintenance, and construction designation of critical habitat would coordinates in UTM Zone 5 with units projects. have on subsistence hunting and in meters using North American Datum Our Response: Under section 7 of the gathering, particularly that the control of 1983 (NAD83). These coordinates can Act, all Federal agencies must consult of feral pigs and ungulates would result be used to determine boundaries with with us to insure that any action that in adverse economical and cultural some accuracy. At the public hearing, they authorize, fund, or carry out is not effects to Native Hawaiian people and the maps were expanded to wall-size to likely to jeopardize the continued the State’s economy. Others stated that assist the public in better understanding existence of any endangered or the removal of ungulates from the forest the proposed critical habitat. These threatened species or result in the would result in an increased threat and larger scale maps were also provided to destruction or adverse modification of frequency of fire. individuals upon request. Furthermore, critical habitat. If we find that the Our Response: A critical habitat we provided direct assistance in proposed actions are likely to jeopardize designation has no regulatory effect on response to written or telephone the continued existence of an access to State or private lands. questions with regard to mapping and endangered or threatened species or Recreational, commercial, and landownership within the proposed result in destruction or adverse subsistence activities, including hunting critical habitat. Designated critical modification of critical habitat, we on non-Federal lands, are not regulated habitat in this final rule consists of units suggest reasonable and prudent by this critical habitat designation and separately mapped for each species and alternatives that would allow the may be affected only where there is is more true to the elevation contours, Federal agency to implement their Federal involvement in the action and the distribution of habitat, and other proposed action without such adverse when the action is likely to destroy or natural features while excluding, to the consequences. Every consultation is adversely modify critical habitat. Such extent feasible, areas where primary unique, and it is impossible to comment designation also does not require the consistent elements are absent. on what the results of a future State or a private landowner to fence the (48) Comment: The Department of consultation would be without details of designated area and/or remove game Transportation, a State agency, stated the proposed activity and the status of mammals. We also recognize that under that designation of critical habitat the species and its critical habitat at the certain circumstances, removal of would significantly increase the costs of time of the consultation. ungulates can result in an increase in (50) Comment: Several commenters planning, design, construction, and weedy growth and associated fire risk, stated that designation of critical habitat and we recommend that ungulate maintenance of a number of State would unnecessarily adversely affect management programs assess and highways and recommended that the military training (some of which cannot address this issue. buffer zones on each side of the State be duplicated elsewhere) and may delay (53) Comment: The Department of highway right-of-way (minimum 100 construction of required training Hawaiian Homelands, a State agency, feet), along with all planned roads, be facilities. stated that Hawaiian home lands in the excluded from designation of critical Our Response: The potential direct area of the Waimea and South Point habitat. and indirect costs to the Army are parcels have already been subdivided Our Response: Operation and discussed in detail in Chapter 3, section into individual lots. The Department of maintenance of existing manmade 3f, of the Draft Economic Analysis Hawaiian Home Lands does not have features and structures adjacent to (DEA) and in sections 3h and 4f of the the authority to retroactively impose critical habitat would not be subject to Addendum. We have had numerous management plans on individual consultation pursuant to section 7 of the discussions with the Army regarding lessees. Therefore, any regulatory Act because such features or structures these areas, and, as a result, we have impact will fall on these lessees. do not contain the PCEs, unless there removed PTA, based on either the lack Our Response: A critical habitat are effects to adjacent critical habitat. If of primary constituent elements or other designation does not constitute a land regular maintenance of the roads reasons (see ‘‘Analysis of Impacts Under management plan, does not mandate a extends 100 feet from the road base, it Section 4(b)(2)’’). management plan, and does not is excluded from critical habitat. (51) Comment: One commenter stated mandate particular management actions. Otherwise, areas that contain primary that all species should be offered On State or private lands, there is no constituent elements and which have protection, but they cannot support direct Federal regulatory impact from a been determined to be essential to the protection for some and not for others. critical habitat designation unless some conservation of a number of the plant They are concerned about the nonnative sort of Federal permit, license, or species on the island of Hawaii are animals, whose fate would be decided funding is involved. If there is a Federal designated as critical habitat. by agencies that consider them invasive nexus, the Federal agency granting or Issue 5: Effects of Designation and kill them. The current issuing the permit, license, or funding, interpretation of critical habitat in effect not an individual lessee, is required to (49) Comment: Several commenters, allows the Federal government and its consult with the Service to ensure that including the Department of Land and partners to utilize any methodology they the activity being permitted, licensed, or Natural Resources, Land Division, a wish in dealing with feral animals with funded is not likely to destroy or State agency, remarked on the need for impunity, although such methods may adversely modify critical habitat. By consultation, pursuant to section 7 of be cruel and environmentally unsound. consulting with the Service, the Federal the Act, which would be triggered by Our Response: The designation of agency can usually minimize or avoid designation of critical habitat, and the critical habitat does not give the Federal potential conflicts with listed species potentially adverse effect such government or its partners the authority and their critical habitat, and the consultation could have on flexibility of to manage feral animals. Any potential proposed activity may be undertaken. land management and activities such as animal management program would be (54) Comment: One commenter raised water diversion projects, manipulation subject to all applicable State, Federal, the issue of the number of fires of vegetation, grazing, applications for and local laws. currently burning in the landfill at Federal loans or grants (e.g., the NRCS), (52) Comment: Several commenters Keahuolu that have the potential to conservation district use applications, expressed concern over the effect that explode and raised concerns that
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designation of critical habitat could State agency, stated that the proposal 205–17) and would not necessarily be adversely affect plans for remediation. appeared to not recognize the interplay solely attributable to critical habitat. Our Response: The burning landfill is in Hawaii between Federal and State (57) Comment: Several commenters, not within the final critical habitat laws, particularly environmental laws. including the Department of Land and designation. Operation and maintenance They stated that harming endangered Natural Resources, Land Division, a of existing manmade features and and threatened plants, even on private State agency, raised concerns over the structures adjacent to critical habitat are property, is already prohibited under temporal relationship of the economic not subject to section 7 consultation. State law and that designation of critical analysis relative to designation of Unless a Federal action related to habitat duplicates existing regulations, critical habitat. One commenter stated landfill remediation activities directly zoning laws, and land use laws, creating that economic impacts should be or indirectly affects nearby habitat an additional unnecessary regulatory considered concurrent with all other containing the primary constituent burden and decrease in land values, information and objected to the elements, these activities would not be thus resulting in ‘‘taking.’’ disjointed process. Another commenter affected by the designation of critical Our Response: The designation of wanted to ensure that the economic habitat. critical habitat requires all Federal analysis be completed prior to the Issue 6: Legal Issues agencies to ensure, in consultation with designation of critical habitat to ensure the Service, that any action authorized, the Service meets the ‘‘prudent and (55) Comment: One commenter stated funded, or carried out by the agency is determinable’’ standard for such that the Service cannot lawfully exclude not likely to result in the destruction or designation. areas from critical habitat based on a adverse modification of designated finding that they currently are Our Response: An economic analysis critical habitat. If, after consultation, our adequately managed or protected. To do of the impact of critical habitat cannot so would violate the mandatory duty to biological opinion concludes that a be performed without knowing the designate critical habitat to the proposed action is likely to result in the location of the critical habitat. This fact maximum extent prudent and destruction or adverse modification of is easily realized by considering the determinable. The commenter urges the critical habitat, we are required to difference of proposed critical habitat Service not to exclude any areas from suggest reasonable and prudent on land zoned for protective designation on this basis (i.e., lands alternatives to the action that would conservation versus land zoned for already managed or protected), since avoid the destruction or adverse urban development. These types of doing so would violate the mandatory modification of the critical habitat (16 zoning issues, as well as other issues, duty to designate critical habitat ‘‘to the U.S.C. 1536(b)(3)(A)). If we cannot will greatly affect any economic analysis maximum extent prudent and suggest acceptable reasonable and of critical habitat and cannot be taken determinable.’’ prudent alternatives, the agency (or the into consideration until a proposal of Our Response: In accordance with applicant) may apply for an exemption critical habitat is put forth. The section 3(5)(A)(i) of the Act and from the Endangered Species Committee proposed prudency finding is not a final regulations at 50 CFR 424.12, in under section 7(e) through (p) of the prudency finding since it has not determining which areas to propose as Act. Possible effects resulting from considered the economic issues. The critical habitat, we are required to base interplay of the Federal Endangered fact that the proposed critical habitat is critical habitat determinations on the Species Act and Hawaii State law are published in a proposed rule best scientific and commercial data also discussed in the DEA and emphasizes that no final decision has available and to consider those physical Addendum under indirect costs. been made on location or extent of and biological features (primary However, the mere promulgation of a critical habitat. The final designation of constituent elements) that are essential regulation, like the enactment of a critical habitat occurs after public to the conservation of the species and statute, does not take private property comments have been taken into that may require special management unless the regulation on its face denies consideration and the economic considerations or protection. If an area the property owners all economically analysis on the proposed critical habitat is covered by a plan that meets our beneficial or productive use of their has been completed. The effects of the management criteria, we believe it does land (Agins v. City of Tiburon, 447 U.S. public comments and the economic not constitute critical habitat as defined 255, 260–263 (1980); Hodel v. Virginia analysis are then reflected in the final by the Act because the primary Surface Mining and Reclamation Ass’n, rulemaking. constituent elements found there are not 452 U.S. 264, 195 (1981); Lucas v. South (58) Comment: Several commenters considered to be in need of special Carolina Coastal Council, 505 U.S. stated that designation of critical habitat management or protection. For a 1003, 1014 (1992)). The Act does not could have an adverse affect on the detailed explanation of this evaluation automatically restrict all uses of critical voluntary cooperation for species see the ‘‘Analysis of Managed Lands habitat, but only imposes restrictions conservation between the private sector Under Section 3(5)(A)’’ section below. under section 7(a)(2) on Federal agency and the Federal government and may However, to the extent that special actions that may result in destruction or actually result in less species recovery. management considerations and adverse modification of designated Several commenters suggested the use protection may be required for any of critical habitat. Furthermore, as of alternatives to critical habitat these areas and they, therefore, would discussed above, if a biological opinion designation that would result in greater meet the definition of critical habitat concludes that a proposed action is net benefits to the species and according to section 3(5)(A)(i), they are likely to result in destruction or recommended that the Service and also properly excluded from designation modification of critical habitat, we are landowners focus their resources under section 4(b)(2) of the Act (see required to suggest reasonable and towards proactive cooperation between ‘‘Analysis of Impacts under Section prudent alternatives. Finally, habitat the Federal and State agencies and 4(b)(2)’’ section below). value is only one factor among many private landowners, including the (56) Comment: Several commenters, that State and local governments development of monetary and other including the Department of Land and consider in making decisions on incentives to engage in species Natural Resources, Land Division, a allowable property uses, (See, e.g. HRS protection and recovery.
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Our Response: We are required under advertised in the Honolulu Star- from August 26, 2002, until September section 4 of the Act to designate critical Bulletin. We also held several informal 30, 2002 (67 FR 54766). The third was habitat based on the best available meeting to discuss critical habitat with open from September 24, 2002, until information we have at the time of a variety of groups, including trade November 30, 2002 (67 FR 59811). The designation. In addition, we are directed organizations, community associations, fourth opened on December 18, 2002, to by the Act to recover the species and the and hunting clubs. Although we did not allow comments on the DEA and closed ecosystems on which they depend, not have a public hearing on the economic on January 17, 2003 (67 FR 77464). just preserve them in a horticultural analysis, notice of its availability was Comments were received from facility. We realize that designation of published in the Federal Register and representatives of various State critical habitat alone will not achieve comments were solicited. agencies. recovery. Many threatened and (60) Comment: One commenter asked (63) Comment: Several commenters endangered species occur on private how long it would take to undo stated that the designation of critical lands, and we recognize the importance designation of critical habitat if habitat will result in a flood of lawsuits. of conservation actions by private necessary to correct or adjust for future One commenter was concerned that if it landowners. Cooperation from private conditions. is found that more critical habitat was landowners is an important element of Our Response: If provided with new designated than is needed, it will be our conservation efforts, and we have information, we may revise the critical impossible to rescind the designation had considerable success in developing habitat designation at any time in the for these areas. partnerships with large and small future. The time it takes to produce a Our Response: The Act does not landowners, government agencies, and proposed rule, receive peer review and obligate landowners to manage their nongovernmental organizations for public comment, and to publish a final land to protect critical habitat, nor conservation activities on the island of rule varies with the situation. would landowners and managers be Hawaii, in the State of Hawaii, and (61) Comment: One commenter stated obligated under the Act to participate in throughout the nation. that, should current public use of any projects to recover a species for which We administer several programs area that is designated as critical habitat critical habitat has been designated. aimed at providing incentives to be reduced or removed, the Service However, the DEA does discuss the landowners to conserve endangered and should provide in-kind mitigation. potential impacts pursuant to the threatened species on their lands. One Our Response: Possible effects interplay with State law, including the of these programs is the Endangered resulting from interplay of the Federal possibility of litigation. Specifically, Species Landowner Incentive Program, Endangered Species Act and Hawaii adverse impacts on development, which was first funded by Congress in State law are discussed in the DEA and including delays for additional studies fiscal year 1999. Under this program, we Addendum under indirect costs (e.g., and agency reviews, increased costs for provide technical assistance and possible conservation management environmental studies, increased risk of funding to landowners for carrying out mandate for the private landowner and project denials, increased risk of costly conservation actions on their lands. In reduction in game mammals’ mitigation measures, and increased risk the first year alone, 145 proposals population). Further, the DEA and of litigation over approvals, are not totaling $21.1 million competed for $5 Addendum discuss the indirect impacts expected. million in grant money. Additional resulting from the possible redistricting (64) Comment: One commenter stated information on landowner incentive of private land into the Conservation that proposed critical habitat on lands programs that we administer may be District, noting that, under a most owned by the Queen Liliuokalani Trust found on our Web site (http:// extreme scenario, areas designated as at Keahuolu are surrounded by urban endangered.fws.gov/landowner/ critical habitat could be placed in the development and have been designated index.html). Protective Subzone with the most severe for future urban development by the (59) Comment: Several commenters restrictions, which could restrict State and County of Hawaii. raised concerns about the nature of the development or a new agricultural use, Our Response: We have excluded public hearings. Several commenters or interfere with irrigation water Queen Liliuokalani Trust lands and requested that there be a process that development. As indicated in the other lands in this area (see ‘‘Analysis would reach the more rural areas, and Addendum, the likelihood of mandated of Impacts Under Section 4(b)(2)’’). We others requested that more public redistricting is undetermined but is met with owners of land in the hearings be held, particularly after the expected to be small. proposed critical habitat in the economic analysis was completed, to (62) Comment: One commenter stated Keahuolu area and have revised unit make the conclusions available to the that the newly elected governor and her Hawaii Y2 based on new information general public. staff be allowed time to comment, as she received during the public comment Our Response: Section 4(b)(5)(E) of will need to deal with any economic or period. the Act requires that a public hearing be social fallout from the designation of (65) Comment: We received a held if it is requested within 45 days of critical habitat on the island of Hawaii. comment letter on February 21, 2003 the publication of a proposed rule. In Another commenter stated that as more (after the close of the comment period), response to two requests from than 50 percent of the lands proposed requesting additional time to work with recreational hunting organizations, we for designation are State lands, the us to implement interim conservation published a notice of two public Hawaii State legislature should have measures believed to be more beneficial hearings on the proposed critical habitat significant input into the designation. to Neraudia ovata (and Blackburn’s designations for 47 plants from the Our Response: All persons were sphinx moth (Manduca blackburni)) and island of Hawaii, and we reopened the invited to comment on the proposed their respective habitats on lands owned comment period, which originally rule. Four public comment periods were by TSA and MID corporations. The closed on July 29, 2002. The two public open for this rule. The first opened landowner offered to: (1) Set aside 100 hearings were held on the island of upon publication of the rule on May 28, to 130 contiguous areas located in the Hawaii in Kailua-Kona and Hilo on 2002, for initial comments on the rule, proposed critical habitat unit Hawaii Y1 October 29 and October 30, 2002, and remained open until July 29, 2002 (and proposed Blackburn’s sphinx moth respectively. These notices were (67 FR 36968). The second was open proposed critical habitat); (2) Enter into
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good faith negotiations with Federal, landowner identify where take may wildlife and other projects to receive State, or county entities for acquisition occur, take prohibitions—to the extent Pittman-Robertson or other Federal of the area; (3) Agree to enter into a Safe they apply to listed plants—are funding or grants. Harbor Agreement with us to ensure the triggered by the listing of a species and Our Response: Chapter VI, Section protection and management of a would apply whether or not critical 3.a. of the DEA discusses Pittman- baseline level of Neraudia ovata (and habitat is designated. As such, Robertson funding for wildlife projects. Blackburn’s sphinx moth); and (4) Enter designating critical habitat is not The State Department of Land and into a memorandum of understanding or anticipated to result in the removal of Natural Resources (DLNR) already cooperative agreement that addresses game animals. consults with the Service regarding habitat protection, land access, and (68) Comment: Several commenters projects that receive Pittman-Robertson monitoring and management actions. expressed concern that the designation funding. As stated in the DEA, the Our Response: Unit Hawaii Y1 was of critical habitat would constrain designation of critical habitat may proposed as critical habitat for two community and infrastructure growth, increase the level of effort required to species: Isodendrion pyrifolium and business growth, and development of analyze the effects of feral ungulates, Neraudia ovata. We have excluded affordable housing. especially in areas that are unoccupied lands in this area (see ‘‘Analysis of Our Response: We have excluded by the listed plants. However, Hawaii Impacts Under Section 4(b)(2)’’). lands in this area (see ‘‘Analysis of currently receives the minimum amount Impacts Under Section 4(b)(2)’’). of Pittman-Robertson funds, so the Issue 7: Economic Issues (69) Comment: Several commenters critical habitat designation would not (66) Comment: One commenter expressed concern that the designation impact the amount of Pittman-Robertson expressed concern over the potential for of critical habitat would constrain funds the State receives. designation of critical habitat to have outdoor recreation and subsistence Impacts to other projects that receive significant adverse effects on private hunting and gathering. Federal funding or grants, or have lands, both Agricultural and Urban Our Response: The impacts to outdoor Federal involvement, are discussed in Districts, due to increased State recreation and subsistence hunting and the Direct Costs section of the DEA, as regulatory implications. gathering are discussed in the DEA and amended by the Addendum. As shown Our Response: The potential adverse the Addendum. Specifically, the Direct in Table Add-3, the total direct costs effect on private lands in both the Costs section of the DEA, as amended by range from $46.6 million to $62.7 Agricultural and Urban Districts are the Addendum, discusses impacts to million over 10 years. discussed in the Indirect Costs sections State-managed hunting, National Parks (71) Comment: Two commenters had of the DEA and in the Addendum. The and Wildlife Refuges, State-managed concerns regarding funding and effects include redistricting, areas, and the State trail and access assistance to farmers and ranchers in the conservation management, State and system. The Indirect Costs section of the form of U.S. Department of Agriculture county development approvals, DEA, as amended by the Addendum, (USDA) loans, grants, subsidy reductions in property values, etc. The discusses the impacts to management of payments, etc., or other Federal funding DEA and Addendum estimate the costs game mammals and hunting lands, and such as Veterans Administration (VA) of such impacts. For certain parcels, a subsistence and Native Hawaiian loans, Federal Housing Administration reduction in certain property values is practices. Potential benefits to (FHA) loans, NMHA loans or similar reasonably foreseeable, but the ecotourism and outdoor recreation are Housing and Urban Development (HUD) magnitude and duration of the loss is discussed in the Benefits Section of the programs. not known. As such, the Addendum DEA. The impacts, if any, for each of Our Response: The impacts associated estimates these impacts to be some these activities are summarized below. with USDA and HUD programs are undetermined fraction of $71.2 million In summary, our final economic discussed in the Ranching Operations to $124.4 million over 10 years. analysis estimates that the probability of and Residential Development sections (67) Comment: One commenter a major State-initiated change in game of the Addendum. Potential impacts to expressed concern that the designation mammal management, i.e., that the State ranching operations include $38,800 to of critical habitat would result in a would adopt a policy to substantially $82,400 in costs to ranchers, NRCS, and lawsuit to remove game animals, which reduce game mammal populations in the Service in section 7 consultation would cause a tremendous financial critical habitat units that overlap with costs with no project modifications. The burden on the State and destroy State hunting units, is small. The Addendum anticipates no impacts to traditional and cultural practices of its probability that restriction of access and residential development because areas people. prohibition of subsistence activities in planned for development are removed Our Response: Chapter VI, Section all critical habitat areas is undetermined from the final designation and other 4.b.(3) of the DEA acknowledges that, if but unlikely. It is more likely that planned developments have no it were to occur, the removal of game subsistence activities would be reasonably foreseeable Federal animals would result in a loss in consistent with conservation involvement. hunting activity, economic activity, restrictions, should any be imposed. (72) Comment: One commenter was hunter benefits, consumption of hunting Thus it is anticipated that the impact of concerned that the designation of meat, and social and cultural value of critical habitat on subsistence activities critical habitat would adversely affect hunting, and it would increase State will be minimal. Ecotourism could their sale of conservation easements to expenditures. However, the concern benefit from project modifications, that the U.S. Forest Service. about the removal of game animals is may result from critical habitat Our Response: The commenter’s land based in part on the premise that critical designation, that enhance the quality of was not included in the proposed habitat will require the State to the ecosystem and expand the designation and is also not included in undertake steps to avoid the taking of a geographic scope of high-quality the critical habitat designation, so this listed species. As stated in the ecosystems, thereby increasing the analysis anticipates that the designation Conservation Management section of the appeal of ecotourism tours to visitors. of critical habitat will not impact the Addendum, while critical habitat may (70) Comment: Some commenters sale of conservation easements on these provide information to help a raised concerns over the ability of parcels.
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(73) Comment: One commenter had county Special Management Area Our Response: The Benefits sections specific concerns about the effect the (SMA) Use Permits for development of the DEA and the Addendum discuss designation of critical habitat would projects in critical habitat. None of the the benefits mentioned above. It is not have relative to the Department of planned development projects in the feasible, however, to fully describe and Hawaiian Homelands (DHHL) critical habitat designation are located accurately quantify these benefits in the homesteading program. in the SMA, so this analysis anticipates specific context of the critical habitat Our Response: As discussed in the no impacts associated with SMA Use designation because of the scarcity of Residential Development section in the Permits. available studies and information Addendum, there is no DHHL land (75) Comment: Several commenters, relating to the size and value of within the critical habitat designation including the Department of Land and beneficial changes that are likely to that is planned to be developed within Natural Resources, Land Division, a occur as a result of designating critical the next 20 years. As such, any potential State agency, commented that the habitat. In particular, the following impacts to the DHHL homestead economic analysis needs to take into information is not currently available: program are well beyond the 10-year consideration all economic impacts, (1) Scientific studies on the magnitude timeframe of this analysis. including those in addition to of the recovery and ecosystem changes (74) Comment: Several commenters ‘‘indirect’’ effects, those effects in the resulting from the critical habitat commented that the economic analysis ‘‘reasonably foreseeable’’ future, or for designation, and (2) economic studies did not thoroughly consider the nexus those projects that are expected to occur on the per-unit value of many of the between the State of Hawaii’s within the next 10 years. Several changes. environmental laws and the Federal commenters, including the Department (77) Comment: One commenter Endangered Species Act and other of Agriculture, a State agency, commented that the only benefit that Federal laws (such as the Coastal Zone commented that the scope of the would arise from designation of critical Management Act). At least two economic analysis was too narrow and habitat would be the availability of commenters commented that these plant needed to go beyond those direct funding for the DLNR that would be species are already protected under economic impacts associated with used for the implementation of State of Hawaii law, which virtually project compliance with section 7 of the management plans prepared by The assures that a violation of the Federal Act. Nature Conservancy to fence and Endangered Species Act will also be a eradicate all game mammals within Our Response: Both direct and violation of the State law prohibition on these areas. harm to federally listed and State-listed indirect impacts are analyzed in Chapter Our Response: As mentioned in the plants. VI of the DEA and in the Addendum, Indirect Costs section of the DEA, the Our Response: The nexus between the and both are summarized in Table Add- designation of critical habitat is not State of Hawaii’s environmental laws 3. Information is limited and unreliable expected to change the nature of the and Federal laws is discussed in detail for projects, land uses, and activities ongoing debate regarding the in the Indirect Costs section of the DEA, that may occur at some time beyond the management of the game mammal as amended by the Addendum. reasonably foreseeable future, so in population in Hawaii, although it may Specifically, impacts associated with general, these projects, land uses, and expand or refine the geographic focus. State redistricting, mandated activities are not considered in the DEA However, even with critical habitat, the conservation management, State and or in the Addendum. A 10-year time DEA assumes that the probability is county development approvals, and horizon is used because many small that the State DLNR would adopt State and county environmental review landowners and managers do not have a policy to substantially reduce game are considered. specific plans for projects beyond 10 mammal populations in critical habitat The DEA and Addendum examine years. In addition, the forecasts in the units that overlap with State Hunting any indirect costs of critical habitat analysis of future economic activity are Units, even if critical habitat caused an designation, such as when critical based on current socioeconomic trends increase in funding. This judgment is habitat designation triggers the and the current level of technology, both based on discussions with DLNR, others applicability of a State or local statute. of which are likely to change over the familiar with the subject, and a decade Prohibition of ‘‘harm’’ is associated with long term. of public testimony by hunters. State laws regarding the take of listed (76) Comment: Several commenters (78) Comment: One commenter stated plants. Take prohibitions are commented that the economic analyses that to avoid legal liability (i.e., attributable to a listing decision and should also include those significant ‘‘taking’’), a landowner may have to they are not coextensive costs of critical beneficial economic benefits that are incur substantial costs associated with habitat designations. There are no take provided by the designation of critical conservation management actions (e.g., prohibitions associated with critical habitat, particularly since the economic fencing and exotics control) on their habitat. Other possible indirect impacts, analysis provides text to this effect. lands that contain designated critical such as loss in property values due to These benefits include, but are not habitat. Another commenter raised State redistricting of land from necessarily limited to, things such as concerns over the amount of funds agricultural or rural to conservation groundwater recharge, maintenance of necessary to manage all the lands were analyzed (see also our response to surface water quality, erosion control, proposed for critical habitat, citing costs Comment 81). However, there is funding for research, development of associated with a 15-acre restoration considerable uncertainty as to whether nursery and landscape products, project in North Kona (Kaupulehu) that any or all of these indirect impacts may volunteer conservation work, careers in was initiated in 1990, has used over occur since they depend on actions and biology, and ecotourism. One $600,000, and still continues to require decisions other than those required commenter commented that protecting management actions. under the ESA, and there is only limited critical habitat is essential not only for Our Response: Although the costs of history to serve as guidance. the recovery of threatened and conservation management were The commenters’ reference to the endangered plants but also to protect presented in the DEA for the purposes Coastal Zone Management Act discusses the ecosystems upon which they rely for of illustration, this analysis assumes the possibility of delays or denials of long-term survival and recovery. that these costs are not reasonably
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foreseeable for the reasons explained in Hawaii County, which would result resources;’’ (4) ‘‘provision for Section 4.b. of the Addendum. from these actions. employment opportunities and (79) Comment: One commenter Our Response: HRS section 195D–5.1 economic development;’’ and (5) commented that the designation of states that the Department of Land and ‘‘provision for housing opportunities for critical habitat on the majority of Natural Resources (DLNR) ‘‘shall initiate all income groups, particularly the low, Hawaiian Home Lands at South Point amendments to the conservation district low-moderate, and gap groups.’’ HRS and Waimea, which would require boundaries consistent with section 205– 205.17. Approval of redistricting beneficiaries to conduct environmental 4 in order to include high quality native requires six affirmative votes from the assessments and consultations under forests and the habitat of rare native nine commissioners, with the decision section 7 of the Act in order to build species of flora and fauna within the based on a ‘‘clear preponderance of the homes or commence farming, would conservation district.’’ HRS section 205– evidence that the proposed boundary is represent a substantial economic 2(e) specifies that ‘‘conservation reasonable.’’ HRS 205–4. impact. districts shall include areas necessary The costs associated with redistricting Our Response: Much of the DHHL for * * * conserving indigenous or are discussed in detail in the Indirect land at South Point and Waimea is not endemic plants, fish and wildlife, Costs sections of the DEA and the included in the final designation. North including those which are threatened or Addendum. As stated in the of Waimea, only gulches that are not endangered * * *.’’ Unlike the Addendum, this analysis assumes that suitable for housing development are automatic conferral of State law the probability is low that land included in Hawaii Unit 9. Near South protection for all federally listed species currently planned for development in Point, we have reduced the amount of (see HRS 195D–4(a)), these provisions Hawaii Units 12 and 13 will be DHHL land from 603 ha (1,490 ac) in the do not explicitly reference federally redistricted to the Conservation District, proposed designation to 126 ha (313 ac) designated critical habitat and, to our especially if landowners agree to certain in the critical habitat designation. The knowledge, DLNR has not proposed conditions to protect portions of the 126 ha (313 ac) in Hawaii Unit 19 are amendments in the past to include all critical habitat designation. This part of the Kamaoa-Puueo tract. As designated critical habitat in the determination is the result of the stated in the DEA, the 2002 DHHL Conservation District. Nevertheless, requirements for redistricting, including Hawaii Island Plan identifies the according to the Land Division of DLNR, the requirement that the LUC consider Kamaoa-Puueo tract as a non-priority DLNR is required by HRS 195D–5.1 to ‘‘provision for employment development, which means that its initiate amendments to reclassify opportunities and economic development is not likely in the next 20 critical habitat lands to the Conservation development;’’ ‘‘commitment of State years. There is no more DHHL land District (Deirdre Mamiya, funds and resources;’’ the ‘‘provision for included in the critical habitat Administrator, Land Division, in litt. housing opportunities for all income designation. As such, this analysis 2002). groups, particularly the low, low- estimates no impacts associated with State law only permits other State moderate, and gap groups;’’ and DHHL land within the 10-year departments or agencies, the county in ‘‘preservation or maintenance of timeframe of this analysis. which the land is situated, and any important natural systems or habitats’’ (80) Comment: One commenter person with a property interest in the when considering a petition for commented that there are 23,000 land to petition the State Land Use redistricting (HRS 205–17). hunters in Hawaii who contribute an Commission (LUC) for a change in the However, it is reasonably foreseeable estimated $31 million annually to State boundary of a district. HRS section 205– that certain other privately owned revenue. A disproportionately large 4. The Hawaii Department of Business, parcels in the Agricultural District in percentage of these hunters live on the Economic Development & Tourism’s the critical habitat designation may be Island of Hawaii, so, designation of (DBEDT) Office of Planning also redistricted. Redistricting is more likely critical habitat will have a conducts a periodic review of district for these parcels because there are no correspondingly adverse effect on the boundaries taking into account current current plans for economic or island’s economic condition. land uses, environmental concerns and community development and they are Our Response: For illustrative other factors and may propose changes not prime agricultural land. This purposes, the loss in direct sales, to the LUC. redistricting could be completed by indirect sales, employment, and income The State Land Use Commission State agencies or mandated as a result associated with a loss of hunting determines whether changes proposed of a third-party lawsuit. The economic activity in critical habitat is presented in by DLNR, DBEDT, other state agencies, costs associated with redistricting these Chapter VI, Section 4.b.(3) of the DEA. counties or landowners should be unplanned parcels are expressed in However, the DEA assumes that the enacted. In doing so, State law requires terms of a loss in property values and probability that the State will adopt a LUC to take into account specific a loss in agricultural activity as policy to remove game animals from criteria, set forth at HRS 205–17. While discussed in the Indirect Costs section critical habitat is low. The Addendum the LUC is specifically directed to of the Addendum. makes no changes to this conclusion. consider the impact of the proposed This analysis assumes that the (81) Comment: Several comments reclassification on ‘‘the preservation or impacts on county tax revenues as a commented on how designation of maintenance of important natural result of redistricting are expected to be critical habitat would trigger the DLNR systems or habitats,’’ it is also small. Much of the land that is at risk initiation of review, and potential specifically directed to consider five of redistricting is already assessed at a reclassification, of lands to the other impacts in its decision: (1) low agricultural value. In many cases, Conservation District pursuant to ‘‘Maintenance of valued cultural, the agricultural value is lower than the Hawaii Revised Statutes (HRS) 195D– historical, or natural resources;’’ (2) assessed value for land in the 5.1. Costs associated with this review ‘‘maintenance of other natural resources Conservation District. This counter- were pointed out by another commenter relevant to Hawaii’s economy, intuitive result reflects the tax break the who stated that they needed to be including, but not limited to, State gives to encourage agriculture. If factored into the economic analysis agricultural resources;’’ (3) the land is redistricted to a subzone along with reductions in tax revenues to ‘‘commitment of state funds and other than the Protective Subzone,
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agriculture could continue in these development and thus not likely to be Center and Kaloko Properties areas, and the land would still be redistricted for the reasons mentioned Development. assessed at a low agricultural value. above, or (2) has little economic value Our Response: The Kaloko Town Land that is not assessed at a low because it is a cinder cone (puu), gulch, Center and Kaloko Properties agricultural value is assessed based on or established endangered plant development are referenced in Section its future development potential. preserve. The remaining 3,806 ha (9,404 3.c. of the Addendum; however, there is However, a loss in development ac) of land are in the Agricultural no change in the DEA cost estimate. potential for land in the critical habitat District and are not currently planned (86) Comment: Text on page VI–16, designation could result in an increase for economic or community Section 3.c (industrial, commercial and in the development potential of land development. It is reasonably other urban development), should outside of the critical habitat foreseeable that this land will be include a discussion regarding the designation. This would result in little redistricted to the Conservation District proposed Kaloko Town Center office, or no net change in the total property because of its importance to the commercial, retail, school, and park values on the island of Hawaii. As such, conservation of the plant species. The uses. while there may be a positive or economic costs associated with Our Response: The Kaloko Town negative effect on county tax revenues redistricting this land are presented in Center office, commercial, retail, school, associated with redistricting, this the State Redistricting of Land section of and park uses are referenced in Section analysis assumes that the net effect will the Addendum. Specifically, these costs 3.f. of the Addendum; however, there is be small. and other costs associated with no change in the DEA cost estimate. (82) Comment: One commenter redistricting are estimated to be $22.3 (87) Comment: Text on page VI–17, disagreed with the finding that any million to $27.9 million. second paragraph under 3.c, should be redistricting of private lands would (83) Comment: One commenter revised to reflect that the developer is likely be limited for the following commented that the figures for indirect TSA Corporation and that a county zone reasons: (1) The DLNR mandate to costs should be totaled in Table VI–3, as change allowing for commercial initiate down-zone; (2) the extensive the commenter did not agree with the industrial mixed use development was amount of critical habitat proposed for Service’s finding that these costs were granted. designation; and (3) the Service’s efforts ‘‘speculative.’’ Our Response: This information is to document and justify critical habitat Our Response: A total indirect costs included in Section 3.e. of the boundaries. figure is not presented in Table VI–3 or Addendum; however, there is no change Our Response: As mentioned in the in Table Add-3 because the probability in the DEA cost estimate. Indirect Costs section of the Addendum, that some of the indirect costs will (88) Comment: Text on page VI–41, even if DLNR initiates amendments to occur is undetermined and the last paragraph, should be revised to the Conservation District boundaries magnitude of other indirect costs is reflect the proposed Kaloko Town based on critical habitat, or is forced to undetermined. Instead, the probabilities Center development and proposed do so by a third-party lawsuit, the LUC and magnitudes of certain categories of residential uses that would be affected. makes the final decision to redistrict a indirect costs are presented in the In addition, reference to the donation of parcel. State law requires the LUC to tables, with further discussion land to the National Park Service should consider a variety of factors when presented in the Indirect Costs sections be deleted. making this decision, including the of the DEA and Addendum. Our Response: As discussed in ‘‘maintenance of other resources The probability that certain indirect Section 3.k. of the Addendum, since the relevant to Hawaii’s economy, costs will occur depends on the land is planned for development, this including, but not limited to, interaction of Federal, State, and county analysis estimates that the conservation agricultural resources;’’ ‘‘provision for officials; landowners; and other set-aside scenario for construction of the employment opportunities and interested parties. The outcome of these Main Street Road project is no longer economic development;’’ ‘‘commitment interactions will depend on a variety of feasible. As such, the $10.7 million to of State funds and resources;’’ factors that are not subject to accurate $15.7 million total project modification ‘‘provision for housing opportunities for quantification or prediction. cost for the K-to-K road projects all income groups, particularly the low, Furthermore, the probability that third mentioned in the DEA is adjusted to low-moderate, and gap groups;’’ and parties will file lawsuits and the $10.5 million to $15.3 million. ‘‘the preservation or maintenance of probability that these lawsuits will be (89) Comment: Text on page VI–69 important natural systems or habitats’’ successful is not known. Thus, the should add Kaloko Town Center and when considering a petition for probability that certain indirect costs Kaloko Properties development to the redistricting (HRS 205–17). Portions of will occur is undetermined. cost of development loss due to Hawaii Units 12 and 13 are planned for (84) Comment: A reference to the redistricting. economic and community development. Kaloko Town Center and Kaloko Our Response: The economic cost of Based on the LUC’s criteria, this Properties Development needs to be the loss of development potential of the analysis assumes that there is a low added to Table ES–1 under ‘‘residential Kaloko Town Center is not discussed in probability that the LUC will redistrict development.’’ the redistricting section of the (either on its own accord or as a result Our Response: The Kaloko Town Addendum because the land is of a third-party lawsuit) these portions Center and Kaloko Properties currently in the Conservation District. of Hawaii Units 12 and 13 to the development are referenced in Section Instead, the cost of development loss for Conservation District. 3.c. of the Addendum and are included the Kaloko Town Center is included in Most of the land (approximately in the heading ‘‘Other Residential the State and County Development 104,288 ha (257,700 ac), or 95 percent) Development’’ in Table Add-3. Approvals section of the Addendum. in the critical habitat designation is (1) (85) Comment: Text on page VI–9, As discussed in the State Redistricting already in the Conservation District, or Section 3.b (residential development), of Land section in the Addendum, the (2) owned by the State or Federal needs to add a discussion regarding the planned development in the portions of Government. Much of the remaining proposed residential development that the Kaloko Properties development that land either (1) is planned for would be part of the Kaloko Town are included in critical habitat include
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a golf course and single-family homes. Statement for Kaloko Town Center will million to $34 million. Again, the The employment that could be likely need to be updated and specific likelihood that the Kaloko generated by this project is not known. supplemented if that land is included Developments will not obtain State and However, construction of the golf course within designated critical habitat. county development approvals as a and homes will generate employment Our Response: This information is result of the critical haibitat designation on the island. Since the LUC must included and discussed in the State and is unknown. consider factors such as the ‘‘provision County Environmental Review section (94) Comment: The Department of for employment opportunities and of the Addendum. Business, Economic Development and economic development’’ (HRS 205–17) (93) Comment: If total economic loss Tourism, a State agency, commented when making redistricting decisions, of Kaloko Properties lands resulted from that the designation of critical habitat this analysis assumes there is a low designation of critical habitat, this loss would compromise the financial probability that the Kaloko Properties would be an estimated $390 million, feasibility of the VOLA (Village of will be redistricted to the Conservation which would be in addition to direct Laiopua) project should there be future District. impacts to three proposed roadway Federal involvement. As such, the (90) Comment: Text on page VI–74 projects. commenter does not agree that the regarding the expansion of Kaloko Our Response: As discussed in the economic impacts of the designation of Industrial Park needs to be revised to State and County Development critical habitat would be ‘‘moderate’’ or reflect an economic loss of $33 million Approvals section in the Addendum, ‘‘modest.’’ due to an estimated loss of 82 acres the Kaloko Properties and Kaloko Town Our Response: Section 3.b of the affecting 72 lots. Center developments (Kaloko Addendum specifically addresses the Our Response: As discussed in the Developments) will require major commenter’s concerns. The State State Redistricting of Land section in discretionary approvals from the State Housing and Community Development the Addendum, the planned and county. The commenter estimates Corporation of Hawaii (HCDCH) is the development in the portions of the that the total economic impact if these primary agency responsible for planning Kaloko Industrial Park expansion that developments do not occur as an the VOLA (Village of Laiopua) project. are included in critical habitat include indirect result of the critical habitat As a result of further discussions with light industrial development and designation will be approximately $390 HCDCH and a review of the Service’s industrial/commercial mixed use million, based on the allowable density; record regarding the VOLA project, this development. Approximately 88 percent average regional selling values of single- analysis concludes that no section 7 of the project is in Hawaii Unit 12. The family and multi-family homes; the consultations are anticipated in the next entire project is expected to generate development cost of office, commercial, 10 years. First, HCDCH is not currently 19,345 direct full-time equivalent jobs and retail buildings; and the seeking Federal funding for the project during the build-out phase and 2,789 development costs per acre of golf and was unable to identify specific direct full-time equivalent jobs upon courses and parks. potential Federal funding programs. full build-out (Wilson Okamoto & However, the methodology used by Second, HUD indicates that there are Associates, Inc. 2000). Since the LUC the commenter to derive the estimated currently no competitive grant programs must consider factors such as the economic impact of $390 million is not for the development of affordable ‘‘provision for employment consistent with the methodology housing and that there are not likely to opportunities and economic presented in the DEA. The landowner’s be any in the near future (HUD 2003). development’’ (HRS 205–17) when estimate is based on selling values and Third, the U.S. Department of making redistricting decisions, this development cost, not profits. As Agriculture Rural Housing Service analysis assumes there is a low mentioned in the DEA, only the (RHS) has a loan guarantee program and probability the Kaloko Industrial Park previous expenditures (sunk costs) and a competitive loan program for the expansion will be redistricted to the future potential profits to the landowner development of affordable housing, but Conservation District. are considered an economic impact of this program is used primarily by As mentioned in the State and County critical habitat designation. Additional individual homeowners and has never Development Approvals section of the construction and development costs are been used by State and county agencies Addendum, all of the major not considered because it is assumed in Hawaii (RHS 2003). Thus, because discretionary approvals for the Kaloko that if development cannot occur in there is no reasonably foreseeable Industrial Park expansion have been critical habitat, it will relocate Federal involvement for the VOLA obtained, so the designation of critical elsewhere in the region. This development, no section 7 consultations habitat is expected to have little impact assumption is supported by the fact that are anticipated. on development approvals for the a large area surrounding critical habitat (95) Comment: One commenter project. As such, this analysis is planned for urban expansion in the provided information on a proposed anticipates there will be no loss of County of Hawaii’s General Plan, and plan for the rehabilitation of the landfill development potential attributable to because there are other entitled projects site at Keahuolu, which involves the critical habitat designation. awaiting development (such as a 1,068 development of a golf course to be used (91) Comment: Text on pages VI–76 ha (2,640 ac) project on State lands that to teach children both a sport and a and VI–85 should add the proposed is just north of Hawaii Unit 13 and skill, and commented that designation Kaloko Town Center and Kaloko planned for residential, commercial, of critical habitat in this area would Properties development. and light industrial development; parks; adversely affect the proposal. The Our Response: These planned a golf course; and other uses). commenter also commented that in the developments are considered in the As estimated in the State and County area currently occupied by the sewage State Redistricting of Land and the Development Approvals section in the plant, there was a desire to build a Reduced Property Value sections of the Addendum, the sunk costs associated wetlands endangered species park and Addendum. with the Kaloko Developments in the designation of critical habitat could (92) Comment: Text on page VI–83, critical habitat designation is $5.8 affect potential Federal funding sources. section 4e(3), needs to indicate that the million, and the present value of the Our Response: Section 3.m of the completed Environmental Impact future stream of profits ranges from $17 Addendum discusses the K2020 project.
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Specifically, due to likely Federal Finally, while the widening of habitat designation that are planned for involvement, the K2020 project would Kealakehe Parkway (Route 197) in development or are likely to generate be subject to a section 7 consultation. As Hawaii Unit 13 is a long-term project, significant future revenues. a result of the consultation, the Service there is no timetable given for the (98) Comment: One commenter indicates that K2020 may have to obtain project. It is likely that extension of the commented on areas of the economic funding for planned endangered plant Parkway (outside of the critical habitat analysis where they felt it both preserves in Hawaii Unit 13 and the designated critical habitat area) would overestimated and underestimated restoration of the portions of critical be required before widening the existing economic costs. The commenter habitat that are temporarily disturbed. portion of roadway; however, no requested that the DEA be revised to The area currently occupied by the timetable is given for the completion of reflect that QLT’s own analysis did sewage plant and planned for a the extension. In addition, the State acknowledge that additional funds wetlands endangered species park is not DOT is working on several other would be expended to achieve build-out included in the critical habitat widening projects in the area, with its of Phases I and II. The commenter also designation and thus this analysis main focus on widening the Queen asked that the economic analysis anticipates no costs associated with this Kaahumanu Highway from downtown include the increased likelihood of loss portion of the K2020 planned project. Kailua to the Airport, that are not of entitlements and revenue and (96) Comment: One commenter estimated to be completed until 2011. increased costs associated with commented that the designation of Given the circumstances, it is unlikely permitting costs and development of critical habitat would restrict the that widening of Kealakehe Parkway infrastructure for Phase III. Department of Transportation’s options (Route 197) will occur within the next Our Response: Chapter VI, Section in the design, maintenance, and 10 years. 4.c.(7) of the DEA discusses the costs construction of highways in affected (97) Comment: Several commenters associated with the loss of development areas and threaten the limited resources commented that the designation of potential at the Keahuolu project site. available to maintain and improve State critical habitat on trust lands (e.g., the The DEA references an economic impact highways. This commenter also stated Queen Liliuokalani Trust and analysis supplied by QLT that states the that the designation of critical habitat Kamehameha Schools) could negate portions of the planned development in would significantly increase the cost of decades of planning as well as millions Phases I and II in the proposed critical planning design, construction, of dollars of infrastructure investment. habitat would yield $44.2 million per maintenance, and repair of the This, in turn, could adversely affect year in lease-rent revenue after the following roads: Saddle Road, Kohala future revenues that would be generated project is fully completed. The DEA Mountain Road, Kawaihae Road, Queen by these entities and, therefore, their states that this estimate tends to Kaahumanu Highway, Mamalahoa ability to carry out social and cultural overstate the total economic impact Highway, Volcano Road, and Kealakehe mandates to provide for their because it does not include additional Parkway. beneficiaries. One commenter funds that would have to be expended Our Response: The costs associated specifically referenced concerns over by QLT in order to reach full completed. with planned road projects in critical Keahuolu Ahupuaa being the last and The QLT analysis acknowledges this habitat are discussed in Chapter VI, only future of producing lands owned fact, and thus the QLT analysis did not Section 3.i. of the DEA and in Sections by the Queen Liliuokalani Trust and the overstate the total economic impact. 3.j. and 3.k. of the Addendum. These need for those lands to continue the The economic impacts associated sections discuss the Saddle Road legacy left by the Queen. with a delay of entitlements, a loss of Improvement and Realignment project Our Response: The economic, social, revenue, and a potential modification to and the planned widening of the Queen cultural, and political impacts the development approvals for Phase III Kaahumanu Highway. The Kawaihae associated with the loss of the of the Keahuolu Project are discussed in Road is not included in the critical development potential on Queen the State and County Development habitat designation. Within the 10-year Liliuokalani Trust (QLT) land in Hawaii Approvals section of the Addendum. In timeframe of this analysis, there are no Unit 13 are discussed in detail in particular, costs are anticipated to range known construction, maintenance, and Chapter VI, Section 4.c.(7) of the DEA from $14.1 million to $21.9 million. repair projects for the Kohala Mountain and the State and County Development (99) Comment: One commenter raised Road and the Volcano Road that will Approvals section in the Addendum. a specific concern about the economic impact the primary constituent elements Specifically, the Addendum estimates impact to Kamehameha Schools and for the listed plants in the critical that the critical habitat designation PIA-Kona Limited Partnership. habitat designation. could lead to a delay in State and Our Response: The portions of the The Mamalahoa Highway (Route 190) county development approvals. This parcel owned by Kamehameha Schools safety improvements in Hawaii Unit 10 would delay completion of the project and leased by PIA-Kona Limited involve simple re-paving and and the associated lease-rent revenues Partnership that are planned for housing resurfacing of the existing roadway. As for QLT. This could have related social development are not included in the mentioned in the DEA, the critical and cultural costs for the community. final designation. The portions of this habitat provisions of section 7 do not The portions of the parcel owned by parcel that are included in the critical apply to the operation and maintenance Kamehameha Schools and leased by habitat designation are currently (O&M) of existing manmade features PIA-Kona Limited Partnership that are managed as an endangered plant and structures because these features do planned for housing development are preserve, and there are no plans for a not contain any primary constituent not included in the final designation. change in management. As such, this elements. Thus, the safety The portions of this parcel that are analysis anticipates there will be no improvements planned for Mamalahoa included in the critical habitat economic impact to the owners of this Highway in Hawaii Unit 10 would not designation are currently managed as an parcel as a result of the critical habitat be subject to section 7 consultation endangered plant preserve, and there designation. because they involve operation and are no plans for a change in (100) Comment: Two commenters maintenance activities rather than new management. Kamehameha Schools did commented that critical habitat in the construction. not identify other lands in the critical Kailua to Keahole area of Kona is
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proposed in a region that has been habitat will cause private landowners to (3) In ‘‘Supplementary Information: master-planned for urban expansion by spend their own resources to determine Discussion of the Plant Taxa’’: We the State and county for over 30 years the possible consequences of such removed Carex montis-eeka from the and for which $50 million of designation on their lands (e.g., legal list of associated species for infrastructure (e.g., Kealakehe Parkway fees). Argyroxiphium kauense. We replaced and Kealakehe High School) is already Our Response: The costs associated Psychotria mariniana and Psychotria in place. This area also includes a with determining the possible greenwelliae with Psychotria spp. currently undeveloped portion of the consequences of critical habitat are (because those two specific species are State’s Villages at Laiopua (VOLA) included in the Investigating the not found on the island of Hawaii) in project that is intended for affordable Implications of Critical Habitat section the discussion of Delissea undulata. We housing, although that project is of the Addendum. Specifically, replaced: Blechnum occidentale with currently stalled in litigation. The approximately 19 private landowners Blechnum appendiculatum in the commenter noted that this West Hawaii may investigate the implications of discussion of Diellia erecta; area is one of the fastest growing regions critical habitat on their lands at a cost Nototrichium breviflorum with in the State and there is no other viable of $50,000 to $181,000. Nothocestrum breviflorum in the area for expansion. discussion of Hibiscus hualalaiensis; Our Response: The direct and indirect Summary of Changes From the Cyathea cooperi with Sphaeropteris impacts to the Kailua to Keahole area of Proposed Rule cooperi in the discussion of Kona within Hawaii Units 12 and 13 are Based on a review of public Phlegmariurus mannii; and Athyrium discussed in detail in the DEA and in comments received on the proposed sandwicensis with Diplazium the Addendum, including impacts to determinations of critical habitat, we sandwichianum in the discussions of State VOLA project, the Keahuolu have reevaluated our proposed Phyllostegia warshaueri. Project, the Kaloko Industrial Park designations and included several (4) In order to avoid confusion expansion, the Kaloko Town Center, the changes to the final designations of regarding the number of location Kaloko Properties development, three critical habitat. These changes include occurrences for each species (that do not road projects, and the K2020 county the following: necessarily represent viable landfill project. However, Hawaii Units (1) We have designated 99 single populations) and the number of viable 12 and 13 cover a relatively small species critical habitat units for 41 plant populations needed for recovery (e.g., 8 portion of the area planned for urban species on the island of Hawaii instead expansion in the County of Hawaii to 10 with 100, 300, or 500 reproducing of multi-species units to clarify the General Plan. While the DEA and the individuals), we changed the word exact location of critical habitat for each Addendum estimate the economic costs ‘‘population’’ to ‘‘occurrence’’ and species. to landowners in areas designated as updated the number of occurrences for critical habitat, it is estimated that any (2) The scientific names were changed the following species found in the development displaced by critical for the following associated species ‘‘Supplementary Information: habitat will occur elsewhere on the found in the ‘‘Supplementary Discussion of the Plant Taxa’’ section island of Hawaii, due to the availability Information: Discussion of the Plant and ‘‘Table 1.—Summary of existing of comparable land. Thus, the net Taxa’’ section: Cocculus trilobus occurrences on the island of Hawaii, economic impacts to the economic changed to Cocculus orbiculatus in the and landownership for 58 species development of the island of Hawaii discussions of Neraudia ovata and reported from the island of Hawaii’’: will be small. Pleomele hawaiiensis. Jacquemontia Adenophorus periens changed from 13 (101) Comment: Several commenters sandwicensis changed to Jacquemontia populations to 4 occurrences; commented regarding the potential ovalifolia ssp. sandwicensis in the Argyroxiphium kauense changed from 3 adverse effect that designation of critical discussion of Sesbania tomentosa. populations to 4 occurrences; habitat could have on the military. Scaevola sericea changed to Scaevola Asplenium fragile var. insulare changed Specifically, hindering the Army and taccada in the discussions of from 17 populations to 36 occurrences; Navy’s (Marines’) ability to perform Ischaemum byrone and Sesbania Bonamia menziesii and Clermontia their missions because of the limitations tomentosa. Styphelia tameiameiae drepanomorpha changed from 1 imposed by critical habitat would not changed to Leptecophylla tameiameiae population to 2 occurrences; Clermontia only have an adverse effect on the in the discussions of Argyroxiphium lindseyana changed from 17 nation’s military readiness but would kauense, Asplenium fragile var. populations to 15 occurrences; also be a costly waste of fiscal resources insulare, Clermontia drepanomorpha, Clermontia pyrularia changed from 1 or an additional financial burden. Clermontia lindseyana, Colubrina population to 2 occurrences; Colubrina Our Response: The impacts on the oppositifolia, Hedyotis coriacea, oppositifolia changed from 8 readiness and budget of the military are Isodendrion hosakae, Plantago populations to 5 occurrences; Cyanea discussed in the Military Activities hawaiensis, Sesbania tomentosa, Silene platyphylla changed from 9 populations section in the Direct Costs section of the hawaiiensis, Silene lanceolata, and to 6 occurrences; Cyanea shipmanii Addendum and in the Military Tetramolopium arenarium. Wollastonia changed from 5 populations to 3 Readiness section in the Indirect Costs venosa changed to Melanthera venosa in occurrences; Cyanea stictophylla section of the Addendum. Specifically, the discussions of Isodendrion hosakae, changed from 5 populations to 6 the direct costs to military operations Portulaca sclerocarpa, and Sesbania occurrences; Cyrtandra giffardii over the next 10 years range from $31 tomentosa. We replaced Passiflora changed from 7 populations to 8 million to $40 million. The indirect mollissima with Passiflora tarminiana occurrences; Cyrtandra tintinnabula costs include an undetermined in the discussions of Clermontia changed from 6 populations to 4 probability of a loss of $693 million in lindseyana, Clermontia pyrularia, occurrences; Isodendrion hosakae transformation projects and a possible Cyanea hamatiflora ssp. carlsonii, changed from 2 populations to 3 reduction in readiness. Delissea undulata, Phyllostegia occurrences; Diellia erecta changed (102) Comment: One commenter racemosa, and Sicyos alba (Palmer from 3 populations to occurrences; commented that designation of critical 2003; Wagner and Herbst 2002). Flueggea neowawraea changed from 4
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populations to 12 occurrences; Gouania 4 populations to 5 occurrences; Silene primary constituent elements were not vitifolia changed from 1 population to 4 hawaiiensis changed from 23 present in certain portions of the occurrences; Hedyotis coriacea changed populations to 156 occurrences; Silene proposed unit, that certain changes in from 11 populations to 41 occurrences; lanceolata changed from 10 populations land use had occurred on lands within Ischaemum byrone changed from 5 to 69 occurrences; Spermolepis the proposed critical habitat that would populations to 6 occurrences; Melicope hawaiiensis changed from 4 populations preclude those areas from supporting zahlbruckneri changed from 2 to 30 occurrences; Tetramolopium the primary constituent elements, or populations to 3 occurrences; Neraudia arenarium changed from 2 populations that the areas were not essential to the ovata changed from 3 populations to 9 to 8 occurrences; Zanthoxylum conservation of the species in question. occurrences; Nothocestrum breviflorum dipetalum var. tomentosum changed In addition, areas were excluded based changed from 10 populations to 66 from 1 population to 14 occurrences; other impacts pursuant to section 4(b)(2) occurrences; Phyllostegia racemosa and Zanthoxylum hawaiiense changed of the Act (see ‘‘Other Impacts’’). changed from 7 populations to 6 from 4 populations to 186 occurrences. (7) In accordance with the revisions occurrences; Phyllostegia velutina (5) We revised the list of excluded, described in (1) through (6), we revised changed from 5 populations to 8 manmade features in the ‘‘Criteria Used § 17.12 ‘‘Endangered and threatened occurrences; Plantago hawaiensis to Identify Critical Habitat’’ and § 17.99 plants’’ and § 17.99 ‘‘Critical Habitat; changed from 8 populations to 6 to include additional features based on plants on the islands of Kauai, Niihau, occurrences; Pleomele hawaiiensis information received during the public Molokai, Maui, Kahoolawe, Oahu, and changed from 8 populations to 22 comment periods. Hawaii, Hawaii, and the Northwestern occurrences; Portulaca sclerocarpa (6) We made revisions to the unit Hawaiian Islands’’, as appropriate. changed from 19 populations to 20 boundaries based on information A brief summary of the modifications occurrences; Sesbania tomentosa supplied by commenters, as well as made to each unit is given below (see changed from 11 populations to 31 information gained from field visits to also Figure 1). occurrences; Sicyos alba changed from some of the sites, that indicated that the BILLING CODE 4310–55–P
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BILLING CODE 4310–55–CS4700 hawaiiensis. Modifications were made designated as critical habitat for this Hawaii A1 to this unit to exclude areas that do not endemic species provides habitat within contain the primary constituent its historical range for one population of This unit was proposed as critical elements for this species. The area Pleomele hawaiiensis. Three other habitat for one species, Pleomele
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critical habitat units for this species are mutica—d, Hawaii 9—Achyranthes critical habitat for a total of five designated on the island of Hawaii for mutica—e, Hawaii 9—Achyranthes populations. There is habitat for four a total of nine populations, and mutica—f, Hawaii 9—Achyranthes other populations on lands excluded excluded Kamehameha Schools lands mutica—g, Hawaii 9—Achyranthes from this final rule in PTA (see provide habitat for one additional mutica—h, Hawaii 9—Achyranthes ‘‘Analysis of Impacts Under Section population (see ‘‘Analysis of Impacts mutica—i, Hawaii 9—Achyranthes 4(b)(2)’’). Under Section 4(b)(2)’’). mutica—j, Hawaii 8—Clermontia The area designated as critical habitat These modifications resulted in the drepanomorpha—a, and Hawaii 8— for the island-endemic species, reduction from 719 ha (1,777 ac) to 677 Phyllostegia warshaueri—b. Isodendrion hosakae, provides habitat ha (1,673 ac). This unit was renamed for one population within its historical Hawaii 7—Pleomele hawaiiensis—a. Hawaii C range. There is habitat designated This unit was proposed as critical elsewhere on the island of Hawaii for Hawaii A2 habitat for one multi-island species, eight populations of Isodendrion This unit was proposed as critical Sesbania tomentosa. The entire area hosakae. The area designated as critical habitat for Nothocestrum breviflorum. proposed for this species is eliminated habitat for the multi-island species, Modifications were made to this unit to from this final rule. This area is not Vigna o-wahuensis, provides habitat for exclude areas that do not contain the essential to the conservation of this one population within its historical primary constituent elements for this species because it has a lower range. Critical habitat was designated species. The area designated as critical proportion of associated native species within its historical range on Oahu habitat for this endemic species than other areas we consider to be (habitat for three populations) and Maui provides habitat within its historical essential to the conservation of this (habitat for one population) (68 FR range for four populations of species, and there are 12 other locations 35949, June 17, 2003; 68 FR 25934, May Nothocestrum breviflorum. There is that have been designated to meet the 14, 2003). Habitat is designated habitat designated elsewhere on the recovery goal of 8 to 10 populations elsewhere on the island of Hawaii for island of Hawaii for this species throughout its historical range on this four populations. providing habitat for nine populations. and other islands. We designated These modifications resulted in the These modifications resulted in the critical habitat for this species on Nihoa reduction from 55 ha (136 ac) to 49 ha reduction from 2,685 ha (6,635 ac) to (habitat for one population), Necker (121 ac). This unit was renamed Hawaii 1,516 ha (3,744 ac). This unit was (habitat for one population), Kauai 4—Isodendrion hosakae—a and Hawaii renamed Hawaii 5—Nothocestrum (habitat for two populations), Oahu 4—Vigna o-wahuensis—a. breviflorum—a and Hawaii 6— (habitat for two populations), Molokai Hawaii D2 Nothocestrum breviflorum—b. (habitat for two populations), and Maui (habitat for two population)(68 FR This unit was proposed as critical Hawaii B 28054, May 22, 2003; 68 FR 9116, habitat for three species: Isodendrion This unit was proposed as critical February 27, 2003; 68 FR 35949, June hosakae, Portulaca sclerocarpa, and habitat for three species: Achyranthes 17, 2003; 68 FR 12982, March 19, 2003; Vigna o-wahuensis. Modifications were mutica, Clermontia drepanomorpha, 68 FR 25934, May 14, 2003). There is made to this unit to exclude areas that and Phyllostegia warshaueri. habitat designated elsewhere on the do not contain the primary constituent Modifications were made to this unit to island of Hawaii for this species, elements for these species. exclude areas that do not contain the providing habitat for two populations. We eliminated the proposed critical primary constituent elements for these Exclusion of this unit from critical habitat in Hawaii D2 for Portulaca species. habitat for Sesbania tomentosa resulted sclerocarpa. The area proposed for this The area designated as critical habitat in the overall reduction of 38 ha (94 ac) species is eliminated from this final rule for the two species endemic to the from critical habitat on the island of because it is not essential to the island of Hawaii provides habitat for six Hawaii. conservation of this species because it populations of Clermontia has a lower proportion of associated drepanomorpha and three populations Hawaii D1 native species than other areas we of Phyllostegia warshaueri within their This unit was proposed as critical consider to be essential to the historical ranges. One other critical habitat for three species: Isodendrion conservation of Portulaca sclerocarpa. habitat unit for Phyllostegia warshaueri hosakae, Portulaca sclerocarpa, and This species is currently found on the is designated on the island of Hawaii for Vigna o-wahuensis. Modifications were islands of Lanai and Hawaii, and critical a total of 10 populations. The area made to this unit to exclude areas that habitat for one population was designated as critical habitat for the do not contain the primary constituent designated on Lanai (68 FR 1220, multi-island Achyranthes mutica elements for these species. January 9, 2003). This rule designates species provides habitat for 10 In addition, we eliminated the critical habitat for a total of five populations within its historical range. proposed critical habitat in Hawaii D1 populations. There is habitat for four Nine other critical habitat units for this for Portulaca sclerocarpa. The area other populations on lands excluded species are designated on the island of proposed for this species is eliminated from this final rule in PTA (see Hawaii. This species is historically from this final rule because it is not ‘‘Analysis of Impacts Under Section known from Kauai, but no critical essential to the conservation of this 4(b)(2)’’). habitat was designated for it on that species due to its lower proportion of The area designated as critical habitat island (68 FR 9116, February 27, 2003). associated native species than other for the island-endemic species, These modifications resulted in the areas we consider to be essential to the Isodendrion hosakae, provides habitat reduction from 8,200 ha (20,263 ac) to conservation of Portulaca sclerocarpa. for one population within its historical 3,360 ha (8,304 ac). This unit was This species is currently found on the range. There is habitat designated renamed Hawaii 9—Achyranthes islands of Lanai and Hawaii, and critical elsewhere on the island of Hawaii for mutica—a, Hawaii 9—Achyranthes habitat for one population was eight populations of Isodendrion mutica—b, Hawaii 9—Achyranthes designated on Lanai (68 FR 1220, hosakae. The area designated as critical mutica—c, Hawaii 9—Achyranthes January 9, 2003). This rule designates habitat for the multi-island species,
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Vigna o-wahuensis, provides habitat for four populations. The area designated as the proposed critical habitat in Hawaii one population within its historical critical habitat for the island-endemic D6 for Portulaca sclerocarpa. The area range. Critical habitat was designated species, Isodendrion hosakae, provides proposed for this species is eliminated within its historical range on Oahu habitat for one population within its from this final rule because it is not (habitat for three populations) and Maui historical range. There is habitat essential to the conservation of this (habitat for one population) (68 FR designated elsewhere on the island of species because it has a lower 35949, June 17, 2003; 68 FR 25934, May Hawaii for Isodendrion hosakae (for proportion of associated native plant 14, 2003). Habitat is designated eight populations). species that other areas we consider to elsewhere on the island of Hawaii for These modifications resulted in the be essential to the conservation of four populations. reduction from 14 ha (34 ac) to 11 ha (26 Portulaca sclerocarpa. This species is These modifications resulted in the ac). This unit was renamed Hawaii 4— currently found on the island of Lanai reduction from 43 ha (107 ac) to 35 ha Isodendrion hosakae—e. and Hawaii, and critical habitat for one (87 ac). This unit was renamed Hawaii Hawaii D5 population was designated on Lanai (68 4—Isodendrion hosakae—b and Hawaii FR 1220, January 9, 2003). This rule 4—Vigna o-wahuensis—b. This unit was proposed as critical designates habitat for a total of five habitat for three species: Isodendrion Hawaii D3 populations. There is habitat for four hosakae, Portulaca sclerocarpa, and other populations on other lands This unit was proposed as critical Vigna o-wahuensis. The entire area excluded from this final rule in PTA habitat for Isodendrion hosakae. proposed for these species was (see ‘‘Analysis of Impacts Under Section Modifications were made to this unit to eliminated. This area is eliminated from 4(b)(2)’’). The area excluded for the exclude areas that do not contain the this final rule because it is not essential island-endemic species, Isodendrion primary constituent elements for this to the conservation of these species hosakae, provides habitat for one because it has a lower proportion of species. The area designated as critical population within its historical range. associated native species than other habitat for this island-endemic species There is habitat designated for six areas we consider to be essential to the provides habitat within its historical populations elsewhere on the island of conservation of these species, and there range for one population of Isodendrion Hawaii in this rule. The area excluded are 10 other locations that have been hosakae. There is habitat designated for the multi-island species, Vigna o- designated on this and other islands to elsewhere on the island of Hawaii for wahuensis, provides habitat for one meet the recovery goal of 8 to 10 eight populations of Isodendrion population within its historical range. populations throughout the historical hosakae. Critical habitat was designated on Oahu These modifications resulted in the ranges of Portulaca sclerocarpa and (habitat for three populations) and Maui reduction from 257 ha (636 ac) to 49 ha Vigna o-wahuensis. Portulaca (habitat for one population) (68 FR (121 ac). This unit was renamed Hawaii sclerocarpa is currently found on the 35949, June 17, 2003; 68 FR 25934, May 4—Isodendrion hosakae—c and Hawaii islands of Lanai and Hawaii, and critical 14, 2003). Habitat is designated 4—Isodendrion hosakae—d. habitat for one population was designated on Lanai (68 FR 1220, elsewhere on the island of Hawaii for Hawaii D4 January 9, 2003). This rule designates three populations in this rule. Exclusion This unit was proposed as critical critical habitat for a total of five of this unit from critical habitat for these habitat for three species: Isodendrion populations. There is habitat for four three species resulted in the overall hosakae, Portulaca sclerocarpa, and other populations on lands excluded reduction of 36 ha (89 ac) of critical Vigna o-wahuensis. Modifications were from this final rule in PTA (see habitat on the island of Hawaii. made to this unit to exclude areas that ‘‘Analysis of Impacts Under Section Hawaii D7 do not contain the primary constituent 4(b)(2)’’). Critical habitat for Vigna o- elements for these species. wahuensis was designated on Oahu This unit was proposed as critical We eliminated the proposed critical (habitat for three populations) and Maui habitat for three species: Isodendrion habitat in Hawaii D4 for Portulaca (habitat for one population) (68 FR hosakae, Portulaca sclerocarpa, and sclerocarpa and Vigna o-wahuensis. The 35949, June 17, 2003; 68 FR 25934, May Vigna o-wahuensis. Modifications were area proposed for these species is 14, 2003). Habitat is designated made to this unit to exclude areas that eliminated from this final rule because elsewhere on the island of Hawaii for do not contain the primary constituent it is not essential to the conservation of four populations. There is habitat elements for these species. these species because it has a lower designated elsewhere on the island of We eliminated the proposed critical proportion of associated native species Hawaii for Isodendrion hosakae (for habitat in Hawaii D7 for Portulaca than other areas we consider to be eight populations). Exclusion of this sclerocarpa. The area proposed for this essential to the conservation of unit from critical habitat for these three species is eliminated from this final rule Portulaca sclerocarpa and Vigna o- species resulted in the overall reduction because it is not essential to the wahuensis. This rule designates critical of 1 ha (2.5 ac) of critical habitat on the conservation of this species because it habitat for a total of five populations of island of Hawaii. has a lower proportion of associated Portulaca sclerocarpa. There is habitat native species than other areas we for four other populations of Portulaca Hawaii D6 consider to be essential to the sclerocarpa on lands excluded from this This unit was proposed as critical conservation of Portulaca sclerocarpa. final rule in PTA (see ‘‘Analysis of habitat for three species: Isodendrion This species is currently found on the Impacts Under Section 4(b)(2)’’). Critical hosakae, Portulaca sclerocarpa, and islands of Lanai and Hawaii and critical habitat for Vigna o-wahuensis was Vigna o-wahuensis. The entire unit was habitat for one population was designated within its historical range on excluded from final critical habitat. We designated on Lanai (68 FR 1220, Oahu (habitat for three populations) and excluded the proposed critical habitat January 9, 2003). This rule designates Maui (habitat for one population) (68 FR on PTA lands for reasons described in critical habitat for a total of five 35949, June 17, 2003; 68 FR 25934, May ‘‘Analysis of Impacts Under Section populations. There is habitat for four 14, 2003). Habitat is designated 4(b)(2)’’ for Isodendrion hosakae and other populations on lands excluded elsewhere on the island of Hawaii for Vigna o-wahuensis. We also eliminated from this final rule in PTA (see
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‘‘Analysis of Impacts Under Section habitat for one population within its and Cyrtandra giffardii; seven 4(b)(2)’’). historical range. There is habitat populations of Cyrtandra tintinnabula The area designated as critical habitat designated for six populations and Phyllostegia warshaueri; and five for the island-endemic species, elsewhere on the island of Hawaii in populations of Phyllostegia racemosa. Isodendrion hosakae, provides habitat this rule. Exclusion of this unit from The area designated as critical habitat for one population within its historical critical habitat for these three species for the multi-island species Clermontia range. There is habitat designated resulted in the overall reduction of 8 ha peleana provides habitat for six elsewhere on the island of Hawaii for (21 ac) of critical habitat on the island populations within its historical range. Isodendrion hosakae (for eight of Hawaii. Habitat for four additional populations populations). The area designated as of Clermontia peleana is designated in Hawaii E critical habitat for the multi-island this rule. species, Vigna o-wahuensis, provides This unit was proposed as critical These modifications resulted in the habitat for one population within its habitat for three species: Clermontia reduction from 13,906 ha (34,363 ac) to historical range. Critical habitat was lindseyana, Clermontia pyrularia, and 11,539 ha (28,513 ac). This unit was designated on Oahu (habitat for three Phyllostegia racemosa. Modifications renamed Hawaii 1—Clermontia populations) and Maui (habitat for one were made to this unit to exclude areas lindseyana—a, Hawaii 1—Clermontia population) (68 FR 35949, June 17, that do not contain the primary peleana—a, Hawaii 1—Clermontia 2003; 68 FR 25934, May 14, 2003). constituent elements for these species. pyrularia—a, Hawaii 1—Cyanea Habitat is designated elsewhere on the The area designated as critical habitat shipmanii—a, Hawaii 1—Phyllostegia island of Hawaii for four populations. for the two island-endemic species racemosa—a, Hawaii 3—Clermontia These modifications resulted in the provides habitat for three populations of peleana—b, Hawaii 3—Cyanea reduction from 112 ha (278 ac) to 51 ha Clermontia pyrularia and three platyphylla—a, Hawaii 3—Cyrtandra (127 ac). This unit was renamed Hawaii populations of Phyllostegia racemosa giffardii—a, Hawaii 3—Cyrtandra 4—Isodendrion hosakae—f and Hawaii within their historical ranges. The area tintinnabula—a, and Hawaii 3— 4—Vigna o-wahuensis—c. designated as critical habitat for the Phyllostegia warshaueri—a. multi-island species provides habitat for Hawaii D8 two populations of Clermontia Hawaii G This unit was proposed as critical lindseyana within its historical range. This unit was proposed as critical habitat for three species: Isodendrion Critical habitat for two additional habitat for 12 species: Argyroxiphium hosakae, Portulaca sclerocarpa, and populations was designated for this kauense, Asplenium fragile var insulare, Vigna o-wahuensis. The entire area species on Maui (68 FR 25934, May 14, Clermontia lindseyana, Clermontia proposed for these species was 2003) and habitat is designated for a peleana, Cyanea platyphylla, Cyanea eliminated from final critical habitat. total of eight populations on the island shipmanii, Cyanea stictophylla, We eliminated the proposed critical of Hawaii in this rule. Cyrtandra giffardii, Phyllostegia habitat in Hawaii D6 for Portulaca These modifications resulted in the racemosa, Phyllostegia velutina, sclerocarpa and Vigna o-wahuensis. The reduction from 2,992 ha (7,393 ac) to Plantago hawaiensis, and Sicyos alba. area proposed for these species was 2,189 ha (5,409 ac). This unit was Modifications were made to this unit to determined to be not essential to the renamed Hawaii 2—Clermontia eliminate areas that do not contain the conservation of this species because it lindseyana—b, Hawaii 2—Clermontia primary constituent elements for these has a lower proportion of associated pyrularia—b, and Hawaii 2— species or were considered not essential native plant species than other areas we Phyllostegia racemosa—b. to the conservation of these species. consider to be essential to the Some portions eliminated from this conservation of Portulaca sclerocarpa Hawaii F final rule were not essential to the and Vigna o-wahuensis. Portulaca This unit was proposed as critical conservation of these species because sclerocarpa is currently found on the habitat for seven species: Clermontia they have a lower proportion of island of Lanai and Hawaii, and critical peleana, Cyanea platyphylla, Cyanea associated native species than other habitat for one population was shipmanii, Cyrtandra giffardii, areas we consider to be essential to the designated on Lanai (68 FR 1220, Cyrtandra tintinnabula, Phyllostegia conservation of these species, and there January 9, 2003). This rule designates racemosa, and Phyllostegia warshaueri. are at least 8 other locations that have habitat for a total of five populations. Modifications were made to this unit to been designated or are designated in There is habitat for four other eliminate areas that do not contain the this rule to meet the recovery goal of 8 populations on other lands excluded primary constituent elements for these to 10 populations throughout their from this final rule in PTA (see species or were considered not essential historical ranges on this and other ‘‘Analysis of Impacts Under Section to the conservation of these species islands. 4(b)(2)’’). Critical habitat for Vigna o- because they have a lower proportion of We eliminated the proposed critical wahuensis was designated within its associated native species than other habitat for the multi-island species, historical range on Oahu (habitat for areas we consider to be essential to the Asplenium fragile var. insulare, in three populations) and Maui (habitat for conservation of these species, and there Hawaii G because it is not essential to one population) (68 FR 35949, June 17, are at least 8 other locations that have the conservation of this species. 2003; 68 FR 25934, May 14, 2003). been designated or are designated in Asplenium fragile var. insulare is Habitat is designated elsewhere on the this rule to meet the recovery goal of 8 historically known from Maui and we island of Hawaii for three populations to 10 populations throughout their have designated critical habitat for two in this rule. historical ranges on this and other populations for this species on that We also excluded the proposed islands. island (68 FR 25934, May 14, 2003). critical habitat on PTA lands (see The area designated as critical habitat There is also habitat for seven ‘‘Analysis of Impacts Under Section for the six island-endemic species populations on lands excluded from this 4(b)(2)’’) for Isodendrion hosakae. The provides habitat within their historical final rule on the island of Hawaii in area excluded for the island-endemic ranges for three populations each of PTA (see ‘‘Analysis of Impacts Under species, Isodendrion hosakae, provides Cyanea platyphylla, Cyanea shipmanii, Section 4(b)(2)’’), and this rule
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designates critical habitat for one conservation of these species. Some range for one population of additional population. We excluded the portions eliminated from this final rule Adenophorus periens. We have proposed critical habitat on were not essential to the conservation of designated critical habitat for this Kamehameha Schools lands in Hawaii G these species because they have a lower species for four populations on Kauai, because the benefits of excluding these proportion of associated native species one population on Oahu, and four lands outweighed the benefits of than other areas we consider to be populations on Molokai, in addition to including them in critical habitat (see essential to the conservation of these the habitat for one population ‘‘Analysis of Impacts Under Section species, and there are at least 8 other designated in this rule (68 FR 9116, 4(b)(2)’’). Those excluded lands provide locations that have been designated or February 27, 2003; 68 FR 35949, June habitat for recovery populations of are designated in this rule to meet the 17, 2003; 68 FR 12982, March 19, 2003). Phyllostegia racemosa and Phyllostegia recovery goal of 8 to 10 populations These modifications resulted in the velutina, as detailed below. throughout their historical ranges on the reduction from 5,065 ha (12,516 ac) to The area designated as critical habitat island of Hawaii. 2,733 ha (6,754 ac). This unit was for the nine island-endemic species We eliminated the proposed critical renamed Hawaii 28—Adenophorus provides habitat for 2 populations of habitat for the endemic species periens—a. Argyroxiphium kauense, 6 populations Phyllostegia racemosa in Hawaii H. The Hawaii K of Cyanea platyphylla, 4 populations of area proposed for this species was Cyanea shipmanii, 6 populations of eliminated from this final rule because This unit was proposed as critical Cyanea stictophylla, 7 populations of it is not essential to the conservation of habitat for seven species: Cyrtandra giffardii, 5 populations (in this species. We have designated habitat Argyroxiphium kauense, Asplenium combination with Kamehameha Schools within this species’ historical range in fragile var. insulare, Clermontia lands) of Phyllostegia racemosa, 6 three other units, providing habitat for lindseyana, Cyanea stictophylla, populations (in combination with 10 populations on the island of Hawaii. Melicope zahlbruckneri, Plantago Kamehameha Schools lands) of The area designated as critical habitat hawaiensis, and Phyllostegia velutina. Phyllostegia velutina, 3 populations of for the other three island-endemic Modifications were made to this unit to Plantago hawaiensis, and 10 species provides habitat for one exclude areas that do not contain the populations of Sicyos alba within their population of Argyroxiphium kauense, primary constituent elements for these historical ranges. The area designated as four populations of Plantago species. Some portions eliminated from critical habitat for the two multi-island hawaiensis, and one population of this final rule were not essential to the species provides habitat for four Silene hawaiiensis within their conservation of these species because populations each of Clermontia historical ranges. they have a lower proportion of lindseyana and Clermontia peleana These modifications resulted in the associated native species than other within their historical ranges. Critical reduction from 5,322 ha (13,151 ac) to areas we consider to be essential to the habitat for two populations of 2,433 ha (6,011 ac). This unit was conservation of these species. Clermontia lindseyana was designated renamed Hawaii 25—Argyroxiphium We eliminated the proposed critical on Maui (68 FR 25934, May 14, 2003) kauense—c, Hawaii 25—Plantago habitat in Hawaii K for Clermontia and is designated for a total of eight hawaiensis—b, and Hawaii 25—Silene lindseyana. The area proposed for this populations in this rule. Clermontia hawaiiensis—a. species was eliminated from this final peleana has critical habitat designated rule because it is not essential to the for a total of 10 populations in this rule. Hawaii I conservation of this species because it These modifications resulted in the This unit was proposed as critical has a lower proportion of associated reduction from 32,286 ha (79,781 ac) to habitat for two island-endemic species: native species than other areas we 20,261 ha (50,066 ac). This unit was Hibiscadelphus giffardianus and consider to be essential to the renamed Hawaii 29—Clermontia Melicope zahlbruckneri. Modifications conservation of Clermontia lindseyana, peleana—c, Hawaii 29—Cyanea were made to this unit to exclude areas and there are at least 10 other locations platyphylla—b, Hawaii 29—Cyrtandra that do not contain the primary for this species designated elsewhere on giffardii—b, Hawaii 29—Cyrtandra constituent elements for these species. the islands of Hawaii and Maui within tintinnabula—b, Hawaii 30— The area designated as critical habitat its historical range. Critical habitat for Argyroxiphium kauense—d, Hawaii for these endemic species provides two populations was designated on 30—Clermontia lindseyana—c, Hawaii habitat for one population of Maui (68 FR 25934, May 14, 2003) and 30—Cyanea shipmanii—b, Hawaii 30— Hibiscadelphus giffardianus and two habitat for eight populations is Cyanea shipmanii—c, Hawaii 30— populations of Melicope zahlbruckneri designated in this rule. Cyanea stictophylla—d, Hawaii 30— within their historical ranges. The area designated as critical habitat Cyrtandra giffardii—c, Hawaii 30— These modifications resulted in the for the five island-endemic species Phyllostegia hawaiiensis—c, Hawaii reduction from 522 ha (1,290 ac) to 497 provides habitat for four populations of 30—Phyllostegia racemosa—c, Hawaii ha (1,228 ac). This unit was renamed Argyroxiphium kauense, two 30—Phyllostegia velutina—b, and Hawaii 26—Hibiscadelphus populations of Cyanea stictophylla, one Hawaii 30—Sicyos alba—a. giffardianus—a and Hawaii 26— population of Melicope zahlbruckneri, Melicope zahlbruckneri—b. four populations of Phyllostegia Hawaii H velutina, and three populations of This unit was proposed as critical Hawaii J Plantago hawaiensis within their habitat for four island endemic species: This unit was proposed as critical historical ranges. The area designated as Argyroxiphium kauense, Phyllostegia habitat for Adenophorus periens. critical habitat for the multi-island racemosa, Plantago hawaiensis, and Modifications were made to this unit to species provides habitat for one Silene hawaiiensis. Modifications were exclude areas that do not contain the population of Asplenium fragile var. made to this unit to exclude areas that primary constituent elements for this insulare within its historical range. do not contain the primary constituent species. The area designated as critical These modifications resulted in the elements for these species or were habitat for this multi-island species reduction from 15,294 ha (37,792 ac) to considered not essential to the provides habitat within its historical 10,961 ha (27,085 ac). This unit was
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renamed Hawaii 24—Argyroxiphium 9116, February 27, 2003; 68 FR 35949, critical habitat for Ischaemum byrone kauense—b, Hawaii 24—Asplenium June 17, 2003; 68 FR 12982, March 19, resulted in the overall reduction of 133 fragile var. insulare—a, Hawaii 24— 2003; 68 FR 25934, May 14, 2003). In ha (328 ac) of critical habitat on the Cyanea stictophylla—c, Hawaii 24— this rule, we are designating habitat for island of Hawaii. Melicope zahlbruckneri—a, Hawaii 24— two populations of Sesbania tomentosa. Hawaii M3 Phyllostegia velutina—a, and Hawaii These modifications resulted in the 24—Plantago hawaiensis—a. reduction from 15,294 ha (37,792 ac) to This unit was proposed as critical 14,841 ha (36,674 ac). This unit was habitat for one multi-island species, Hawaii L renamed Hawaii 20—Sesbania Ischaemum byrone. The entire area This unit was proposed as critical tomentosa—a, Hawaii 21—Ischaemum proposed for this species was habitat for five species: Ischaemum byrone—a, Hawaii 23—Pleomele eliminated. This area is not essential to byrone, Pleomele hawaiiensis, Portulaca hawaiiensis—d, Hawaii 23—Sesbania the conservation of this species because sclerocarpa, Sesbania tomentosa, and tomentosa—b, Hawaii 27—Portulaca it has a lower proportion of associated Silene hawaiiensis. Modifications were sclerocarpa—a, and Hawaii 27—Silene native species than other areas we made to this unit to exclude areas that hawaiiensis—b. consider to be essential to the do not contain the primary constituent conservation of this species, and there elements for these species. In addition, Hawaii M1 are 10 other locations that have been some portions eliminated were not This unit was proposed as critical designated to meet the recovery goal of essential to the conservation of these habitat for one multi-island species, 8 to 10 populations throughout its species because they have a lower Ischaemum byrone. The entire area historical range on this and other proportion of associated native species proposed for this species was islands. We have designated critical than other areas we consider to be eliminated. This area is not essential to habitat for this species on Kauai (for essential to the conservation of these the conservation of this species because three populations) and Maui (for two species, and there are at least 8 other it has a lower proportion of associated populations) (68 FR 35949, June 17, locations that have been designated or native species than other areas we 2003; 68 FR 9116, February 27, 2003; 69 are designated in this rule to meet the consider to be essential to the FR 12982, March 19, 2003; 68 FR 25934, recovery goal of 8 to 10 populations conservation of this species, and there May 14, 2003). In this rule, we are throughout their historical ranges. are 10 other locations that have been designating habitat for three The area designated as critical habitat designated to meet the recovery goal of populations. Exclusion of this unit from for the two island-endemic species 8 to 10 populations throughout its critical habitat for Ischaemum byrone provides habitat for five populations of historical range on this and other resulted in the overall reduction of 141 Pleomele hawaiiensis and one islands. We have designated critical ha (349 ac) of critical habitat on the population of Silene hawaiiensis within habitat for this species on Kauai (for island of Hawaii. their historical ranges. The area three populations), and Maui (for two designated as critical habitat for the populations) (68 FR 35949, June 17, Hawaii M4 three multi-island species provides 2003; 68 FR 9116, February 27, 2003; 68 This unit was proposed as critical habitat for two populations each of FR 12982, March 19, 2003; 68 FR 25934, habitat for one multi-island species, Ischaemum byrone and Sesbania May 14, 2003). In this rule we are Ischaemum byrone. The entire area tomentosa and five populations of designating habitat for three proposed for this species was Portulaca sclerocarpa within their populations. Exclusion of this unit from eliminated. This area is not essential to historical ranges. We designated critical critical habitat for Ischaemum byrone the conservation of this species because habitat for Ischaemum byrone on Kauai resulted in the overall reduction of 19 it has a lower proportion of associated (habitat for three populations), Molokai ha (46 ac) of critical habitat on the native species than other areas we (habitat for two populations), and Maui island of Hawaii. consider to be essential to the (habitat for two populations) (68 FR conservation of this species, and there Hawaii M2 9116, February 27, 2003; 68 FR12982, are 10 other locations that have been March 19, 2003; 68 FR 25934, May 14, This unit was proposed as critical designated to meet the recovery goal of 2003). We are designating habitat for a habitat for one multi-island species, 8 to 10 populations throughout its’ total of three populations on the island Ischaemum byrone. The entire area historical range on this and other of Hawaii in this rule. Portulaca proposed for this species was islands. We have designated critical sclerocarpa is currently found on the eliminated. This area is not essential to habitat for this species on Kauai (for islands of Lanai and Hawaii, and critical the conservation of this species because three populations) and Maui (for two habitat for one population was it has a lower proportion of associated populations) (68 FR 35949, June 17, designated on Lanai (68 FR 1220, native species than other areas we 2003; 68 FR 9116, February 27, 2003; 68 January 9, 2003). This rule designates consider to be essential to the FR 12982, March 19, 2003; 68 FR 25934, critical habitat for a total of five conservation of this species, and there May 14, 2003). In this rule we are populations. There is habitat for four are 10 other locations that have been designating habitat for three other populations on lands excluded designated to meet the recovery goal of populations. Exclusion of this unit from from this final rule in PTA (see 8 to 10 populations throughout its critical habitat for Ischaemum byrone ‘‘Analysis of Impacts Under Section historical range on this and other resulted in the overall reduction of 141 4(b)(2)’’). We have designated critical islands. We have designated critical ha (348 ac) of critical habitat on the habitat for Sesbania tomentosa on habitat for this species on Kauai (for island of Hawaii. Nihoa (habitat for one population), three populations) and Maui (for two Necker (habitat for one population), populations) (68 FR 35949, June 17, Hawaii M5 Kauai (habitat for two populations), 2003; 68 FR 9116, February 27, 2003; 68 This unit was proposed as critical Oahu (habitat for two populations), FR 12982, March 19, 2003; 68 FR 25934, habitat for one species, Ischaemum Molokai (habitat for two populations), May 14, 2003). In this rule, we are byrone. Modifications were made to this and Maui (habitat for two populations) designating habitat for three unit to exclude areas that do not contain (68 FR 28054, May 22, 2003; 68 FR populations. Exclusion of this unit from the primary constituent elements for
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this species. The area designated as islands. We designated critical habitat Hawaii Q critical habitat for this multi-island for this species on Nihoa (habitat for one This unit was proposed as critical species provides habitat within its population), Necker (habitat for one habitat for six species: Colubrina historical range for one population of population), Kauai (habitat for two oppositifolia, Diellia erecta, Flueggea Ischaemum byrone. We have designated populations), Oahu (habitat for two neowawraea, Gouania vitifolia, critical habitat for this species on Kauai populations), Molokai (habitat for two Neraudia ovata, and Pleomele (habitat for three populations), Molokai populations), and Maui (habitat for two hawaiiensis. Modifications were made (habitat for two populations), and Maui populations) (68 FR 28054, May 22, to this unit to exclude areas that do not (habitat for two populations) (68 FR 2003; May 22, 2003; 68 FR 9116, contain the primary constituent 9116, February 27, 2003; 68 FR 12982, February 27, 2003; 68 FR 35949, June elements for these species. The portions March 19, 2003; 68 FR 25934, May 14, 17, 2003; 68 FR 12982, March 19, 2003; eliminated from this final rule were not 2003). In this rule, we are designating 68 FR 25934, May 14, 2003). In this rule, essential to the conservation of these habitat for three populations on the we are designating habitat elsewhere on species because they have a lower island of Hawaii. the island of Hawaii for two proportion of associated native species These modifications resulted in the populations. Exclusion of this unit from than other areas we consider to be reduction from 533 ha (1,316 ac) to 159 critical habitat for Sesbania tomentosa essential to the conservation of these ha (393 ac). This unit was renamed species, and there are at least eight other Hawaii 22—Ischaemum byrone—b. resulted in the overall reduction of 441 ha (1,091 ac) of critical habitat on the locations that have been designated or Hawaii N1 island of Hawaii. are being designated in this rule to meet the recovery goal of 8 to 10 populations This unit was proposed as critical Hawaii O habitat for one multi-island species, throughout their historical ranges. The area designated as critical habitat Sesbania tomentosa. The entire area This unit was proposed as critical for the two island-endemic species proposed for this species was habitat for one species, Mariscus fauriei. provides habitat for two populations eliminated. This area is not essential to Modifications were made to this unit to each of Neraudia ovata and Pleomele the conservation of this species because exclude areas that do not contain the hawaiiensis within their historical it has a lower proportion of associated primary constituent elements for this ranges. The area designated as critical native species than other areas we species. consider to be essential to the habitat for the four multi-island species conservation of this species, and there The area designated as critical habitat provides habitat for two populations are 12 other locations that have been for this multi-island species provides each of Colubrina oppositifolia and designated to meet the recovery goal of habitat within its historical range for Gouania vitifolia, and one population 8 to 10 populations throughout its one population of Mariscus fauriei. We each of Diellia erecta and Flueggea historical range on this and other designated critical habitat for this neowawraea, within their historical islands. We designated critical habitat species on Molokai (habitat for seven ranges. We designated critical habitat for this species on Nihoa (habitat for one populations) (68 FR 12982, March 18, for Colubrina oppositifolia on Oahu population), Necker (habitat for one 2003). (habitat for three populations) and Maui population), Kauai (habitat for two These modifications resulted in the (habitat for three populations) (68 FR populations), Oahu (habitat for two reduction from 215 ha (531 ac) to 127 35949, June 17, 2003; 68 FR 25934, May populations), Molokai (habitat for two ha (313 ac). This unit was renamed 14, 2003), and we are designating populations), and Maui (habitat for two Hawaii 19—Mariscus fauriei—b. habitat for a total of four populations on populations) (68 FR 28054, May 22, the island of Hawaii in this rule. Critical 2003; May 22, 2003; 68 FR 9116, Hawaii P habitat for one population each of February 27, 2003; 68 FR 35949, June Diellia erecta was designated on Kauai, This unit was proposed as critical 17, 2003; 68 FR 12982, March 19, 2003; Oahu, and Molokai, and four habitat for one species, Pleomele 68 FR 25934, May 14, 2003). In this rule, populations on Maui (68 FR 9116, hawaiiensis. The entire area proposed we are designating habitat elsewhere on February 27, 2003; 68 FR 35949, June the island of Hawaii for two for this species was eliminated. This 17, 2003; 68 FR 12982, March 19, 2003; populations. Exclusion of this unit from area is not essential to the conservation 68 FR 25934, May 14, 2003). In this rule, critical habitat for Sesbania tomentosa of this species because it has a lower habitat is designated for two resulted in the overall reduction of 35 proportion of associated native species populations on the island of Hawaii. We ha (88 ac) of critical habitat on the than other areas we consider to be designated critical habitat for Flueggea island of Hawaii. essential to the conservation of this neowawraea on Kauai (habitat for four species, and there are 10 other locations populations), Molokai (habitat for one Hawaii N2 that have been designated to meet the population), and Maui (habitat for one This unit was proposed as critical recovery goal of 8 to 10 populations population) (68 FR 9116, February 27, habitat for one multi-island species, throughout its historical range on this 2003; 68 FR 12982, March 19, 2003; 68 Sesbania tomentosa. The entire area island. Three other critical habitat units FR 25934, May 14, 2003). In this rule we proposed for this species was for this species are designated on the are designating habitat for two eliminated. This area is not essential to island of Hawaii for a total of nine populations. In addition, there is habitat the conservation of this species because populations, and the excluded on Oahu for one population of Flueggea it has a lower proportion of associated Kamehameha Schools lands provide neowawraea on excluded lands (68 FR native species than other areas we habitat for one population (see 35949, June 17, 2003). We designated consider to be essential to the ‘‘Analysis of Impacts Under Section critical habitat for Gouania vitifolia on conservation of this species, and there 4(b)(2)’’). Exclusion of this unit from Oahu (habitat for seven populations) are 12 other locations that have been critical habitat for Pleomele hawaiiensis and Maui (habitat for one population), designated to meet the recovery goal of resulted in the overall reduction of 547 as well as habitat for two populations in 8 to 10 populations throughout its ha (1,351 ac) of critical habitat on the this rule (68 FR 35949, June 17, 2003; historical range on this and other island of Hawaii. 68 FR 25934, May 14, 2003).
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These modifications resulted in the elements for these species. Some locations with habitat for a total of 7 reduction from 15,294 ha (37,792 ac) to portions eliminated were not essential populations that are designated in this 2,997 ha (7,406 ac). This unit was to the conservation of these species rule to meet the recovery goal of 8 to 10 renamed Hawaii 18—Colubrina because they have a lower proportion of populations throughout the species’ oppositifolia—b, Hawaii 18—Diellia associated native species than other historical range. The area designated as erecta—b, Hawaii 18—Flueggea areas we consider to be essential to the critical habitat for this island-endemic neowawraea—b, Hawaii 18—Gouania conservation of these species, and there species provides habitat for one vitifolia—a, Hawaii 18—Neraudia are at least 8 other locations that are population of Cyanea hamatiflora ssp. ovata—d, and Hawaii 18—Pleomele being designated in this rule to meet the carlsonii within its historical range. hawaiiensis—c. recovery goal of 8 to 10 populations These modifications resulted in the throughout their historical ranges. The reduction from 615 ha (1,520 ac) to 597 Hawaii R area designated as critical habitat for ha (1,475 ac). This unit was renamed This unit was proposed as critical these two island-endemic species Hawaii 14—Cyanea hamatiflora ssp. habitat for two species: Diellia erecta provides habitat for one population each carlsonii—b. and Flueggea neowawraea. of Cyanea hamatiflora ssp. carlsonii and Hawaii V Modifications were made to this unit to Cyanea stictophylla within their eliminate areas that do not contain the historical ranges. This unit was proposed as critical primary constituent elements for these These modifications resulted in the habitat for one species endemic to the species. The portions eliminated were reduction from 383 ha (947 ac) to 331 island of Hawaii, Nothocestrum not essential to the conservation of these ha (819 ac). This unit was renamed breviflorum. The entire area proposed species because they have a lower Hawaii 16—Cyanea hamatiflora ssp. for this species was eliminated. This proportion of associated native species carlsonii—d and Hawaii 16—Cyanea area is not essential to the conservation than other areas we consider to be stictophylla—b. of this species because it has a lower essential to the conservation of these proportion of associated native species species, and there are at least 8 other Hawaii T than other areas we consider to be locations that have been designated or This unit was proposed as critical essential to the conservation of this are designated in this rule to meet the habitat for two species: Cyanea species, and there are 3 other locations recovery goal of 8 to 10 populations hamatiflora ssp. carlsonii and Cyanea that have been designated to meet the throughout their historical ranges. stictophylla. Modifications were made recovery goal of 8 to 10 populations The area designated as critical habitat to this unit to eliminate areas that do throughout its historical range on this for these two multi-island species not contain the primary constituent island. Habitat designated elsewhere on provides habitat for one population each elements for these species. Some the island of Hawaii for this species of Diellia erecta and Flueggea portions eliminated were not essential provides habitat for nine populations. neowawraea within their historical to the conservation of these species Exclusion of this unit from critical ranges. Critical habitat for one because they have a lower proportion of habitat for Nothocestrum breviflorum population each of Diellia erecta was associated native species than other resulted in the overall reduction of 951 designated on Kauai, Oahu, and areas we consider to be essential to the ha (2,351 ac) of critical habitat on the Molokai, and four populations on Maui conservation of these species, and there island of Hawaii. (68 FR 9116, February 27, 2003; 68 FR are at least 8 other locations that are 35949, June 17, 2003; 68 FR 12982, being designated in this rule to meet the Hawaii W March 19, 2003; 68 FR 25934, May 14, recovery goal of 8 to 10 populations This unit was proposed as critical 2003). We are designating habitat for throughout their historical ranges. The habitat for one multi-island species, two populations of Diellia erecta on the area designated as critical habitat for Delissea undulata. The entire area island of Hawaii in this rule. We these two island-endemic species proposed for this species was excluded. designated critical habitat for Flueggea provides habitat for one population each Some of it was excluded because it is neowawraea on Kauai (habitat for four of Cyanea hamatiflora ssp. carlsonii and not essential to the conservation of this populations), Molokai (habitat for one Cyanea stictophylla within their species. We also excluded the proposed population), and Maui (habitat for one historical ranges. critical habitat on Kamehameha Schools population) (68 FR 9116, February 27, These modifications resulted in the lands in Hawaii W because the benefits 2003; 68 FR 12982, March 19, 2003; 68 reduction from 1,489 ha (3,681 ac) to of excluding these lands outweighed the FR 25934, May 14, 2003). In this rule, 1,264 ha (3,123 ac). This unit was benefits of including them in critical we are designating habitat for two renamed Hawaii 15—Cyanea habitat (see ‘‘Analysis of Impacts Under populations. In addition, there is habitat hamatiflora ssp. carlsonii—c and Section 4(b)(2)’’). These excluded lands for on Oahu for one population of Hawaii 15—Cyanea stictophylla—a. provide habitat for three recovery populations of Delissea undulata. There Flueggea neowawraea on excluded Hawaii U lands (68 FR 35949, June 17, 2003). is habitat designated elsewhere on the These modifications resulted in the This unit was proposed as critical island of Hawaii for this species reduction from 387 ha (955 ac) to 332 habitat for one species, Cyanea providing habitat for two populations. ha (819 ac). This unit was renamed hamatiflora ssp. carlsonii. In addition, we have designated habitat Hawaii 17—Diellia erecta—a and Modifications were made to this unit to on Kauai for three populations (68 FR Hawaii 17—Flueggea neowawraea—a. eliminate areas that do not contain the 9116, February 27, 2003). Exclusion of primary constituent elements for this this unit from critical habitat for Hawaii S species. Some portions eliminated were Delissea undulata resulted in the overall This unit was proposed as critical not essential to the conservation of this reduction of 1,479 ha (3,654 ac) of habitat for two species: Cyanea species because they have a lower critical habitat on the island of Hawaii. hamatiflora ssp. carlsonii and Cyanea proportion of associated native species stictophylla. Modifications were made than other areas we consider to be Hawaii X to this unit to eliminate areas that do essential to the conservation of this This unit was proposed as critical not contain the primary constituent species, and there are at least 5 other habitat for two species: Cyanea
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hamatiflora ssp. carlsonii and Solanum Hawaii Y2 Molokai and Maui (68 FR 9116, incompletum. Modifications were made This unit was proposed as critical February 27, 2003; 68 FR 12982, March to this unit to eliminate areas that do habitat for two species: Isodendrion 19, 2003; 68 FR 25934, May 14, 2003). not contain the primary constituent pyrifolium and Neraudia ovata. We Habitat for one additional population of elements for these species. Some excluded the proposed critical habitat Flueggea neowawraea is on lands portions eliminated were not essential on these lands because the benefits of excluded from critical habitat on Oahu to the conservation of these species excluding these lands outweighed the (68 FR 35949, June 17, 2003). In addition, we excluded the because they have a lower proportion of benefits of including them in critical proposed critical habitat on associated native species than other habitat (see ‘‘Analysis of Impacts Under Kamehameha Schools and National areas we consider to be essential to the Section 4(b)(2)’’). Habitat for nine Tropical Botanical Garden lands in conservation of these species, and there populations of Neraudia ovata are Hawaii Z because the benefits of are at least 8 other locations that have designated in this rule. We designated been designated or are designated in excluding these lands outweighed the critical habitat for Isodendrion benefits of including them in critical this rule to meet the recovery goal of 8 pyrifolium on Oahu (habitat for three to 10 populations throughout their habitat (see ‘‘Analysis of Impacts Under populations), Molokai (habitat for one Section 4(b)(2)’’). These excluded lands historical ranges. population), and Maui (habitat for two The area designated as critical habitat provide habitat for one population of populations) (68 FR 35949, June 17, Pleomele hawaiiensis and, in for the island-endemic species provides 2003; 68 FR 12982, March 19, 2003; 68 habitat for one population of Cyanea combination with land designated in FR 25934, May 14, 2003). Habitat for this unit, one population of Bonamia hamatiflora ssp. carlsonii within its two additional populations is in the historical range. The area designated as menziesii. land excluded from critical habitat on The area designated as critical habitat critical habitat for the multi-island Lanai (68 FR 1220, January 9, 2003). for the four island-endemic species in species provides habitat for one Exclusion of this unit from critical this unit provides habitat for eight population of Solanum incompletum habitat for Isodendrion pyrifolium and populations of Hibiscadelphus within its historical range. This rule Neraudia ovata resulted in the overall hualalaiensis, five populations of designates critical habitat for four reduction of 334 ha (826 ac) of critical Nothocestrum breviflorum, one populations on the island of Hawaii. habitat on the island of Hawaii. population of Pleomele hawaiiensis, and There is also habitat for five populations seven populations of Zanthoxylum on lands excluded from this final rule Hawaii Z dipetalum var. tomentosum within their in PTA (see ‘‘Analysis of Impacts Under This unit was proposed as critical historical ranges. Elsewhere in this rule, Section 4(b)(2)’’). Habitat for one habitat for 12 species: Bonamia we are designating habitat for four population is in the area excluded from menziesii, Colubrina oppositifolia, populations of Nothocestrum critical habitat on Lanai (68 FR 1220, Cyanea stictophylla, Delissea undulata, breviflorum and eight populations of January 9, 2003). Flueggea neowawraea, Hibiscadelphus Pleomele hawaiiensis. The area These modifications resulted in the hualalaiensis, Hibiscus brackenridgei, designated as critical habitat for the four reduction from 138 ha (340 ac) to 92 ha Nothocestrum breviflorum, Phyllostegia multi-island species in this unit (227 ac). This unit was renamed Hawaii velutina, Plantago hawaiensis, Pleomele provides habitat for one population (in 11—Cyanea hamatiflora ssp. carlsonii— hawaiiensis, and Zanthoxylum combination with excluded lands) of a and Hawaii 11—Solanum dipetalum var. tomentosum. Bonamia menziesii, two populations incompletum—b. Modifications were made to this unit to each of Colubrina oppositifolia and exclude areas that do not contain the Hawaii Y1 Delissea undulata, and one population primary constituent elements for these of Hibiscus brackenridgei within their This unit was proposed as critical species. We also eliminated the historical ranges. We have designated habitat for two species: Isodendrion proposed critical habitat in Hawaii Z for critical habitat for Bonamia menziesii pyrifolium and Neraudia ovata. We Cyanea stictophylla, Flueggea on Kauai (habitat for two populations), excluded the proposed critical habitat neowawraea, Phyllostegia velutina, and Oahu (habitat for four populations), and on these lands because the benefits of Plantago hawaiensis. Areas proposed Maui (habitat for one population), and excluding these lands outweighed the for these four species were eliminated elsewhere in this rule are designating benefits of including them in critical because they are not essential to the habitat for one population. Habitat for habitat (see ‘‘Analysis of Impacts Under conservation of these species because one additional population of this Section 4(b)(2)’’). Habitat for nine they had a lower proportion of species is in the land excluded from populations of Neraudia ovata are associated native species than other critical habitat on Lanai. We have designated in this rule. We designated areas we consider to be essential to the designated critical habitat for Colubrina critical habitat for Isodendrion conservation of these species, and there oppositifolia on Oahu (habitat for three pyrifolium on Oahu (habitat for three are at least nine other locations for each populations) and Maui (habitat for three populations), Molokai (habitat for one of these species designated elsewhere populations), and elsewhere in this rule, population), and Maui (habitat for two within their historical ranges. We are we are designating habitat for four populations) (68 FR 35949, June 17, designating critical habitat elsewhere on populations on the island of Hawaii. We 2003; 68 FR 12982, March 19, 2003; 68 the island of Hawaii for 10 populations have designated critical habitat for FR 25934, May 14, 2003). Habitat for each of Cyanea stictophylla, Delissea undulata on Kauai (habitat for two additional populations is in the Phyllostegia velutina, and Plantago three populations). We have designated land excluded from critical habitat on hawaiensis, all island-endemic species. critical habitat for Hibiscus Lanai (68 FR 1220, January 9, 2003). For the multi-island species Flueggea brackenridgei on Oahu (habitat for three Exclusion of this unit from critical neowawraea, we are designating critical populations), Molokai (habitat for one habitat for Isodendrion pyrifolium and habitat for two populations elsewhere population), Maui (habitat for three Neraudia ovata resulted in the overall on the island of Hawaii, and we have populations) and habitat for one reduction of 212 ha (524 ac) of critical designated habitat for four populations additional population is in land habitat on the island of Hawaii. on Kauai and one population on excluded from critical habitat on Lanai
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(68 FR 1220, January 9, 2003; 68 FR known historically from Maui, but is historical range on this and other 9116, February 27, 2003; 68 FR 35949, currently only found on the island of islands. We designated critical habitat June 17, 2003; 68 FR 12982, March 19, Hawaii. We have designated no critical for this species on Nihoa (habitat for one 2003; 68 FR 25934, May 14, 2003). habitat for this species. We have population), Necker (habitat for one These modifications resulted in the designated critical habitat for population), Kauai (habitat for two reduction from 10,738 ha (26,535 ac) to Zanthoxylum hawaiiense on Kauai populations), Oahu (habitat for two 6,564 ha (16,221 ac). This unit was (habitat for two populations), Molokai populations), Molokai (habitat for two renamed Hawaii 10—Bonamia (habitat for one population), and Maui populations), and Maui (habitat for two menziesii—a, Hawaii 10—Colubrina (habitat for one population) (68 FR populations) (68 FR 28054, May 22, oppositifolia—a, Hawaii 10—Delissea 9116, February 27, 2003; 68 FR 35949, 2003; 68 FR 9116, February 27, 2003; 68 undulata—a, Hawaii 10—Delissea June 17, 2003; 68 FR 12982, March 19, FR 35949, June 17, 2003; 68 FR 12982, undulata—b, Hawaii 10— 2003; 68 FR 25934, May 14, 2003). March 19, 2003; 68 FR 25934, May 14, Hibiscadelphus hualalaiensis—a, These excluded lands also provide 2003). There is habitat designated Hawaii 10—Hibiscus brackenridgei—a, habitat for seven populations of elsewhere on the island of Hawaii for Hawaii 10—Nothocestrum Asplenium fragile var. insulare, four this species, providing habitat for two breviflorum—c, Hawaii 10—Pleomele populations of Neraudia ovata, four populations. Exclusion of this unit from hawaiiensis—b, and Hawaii 10— populations of Portulaca sclerocarpa, critical habitat for Sesbania tomentosa Zanthoxylum dipetalum ssp. seven populations of Silene hawaiiensis, resulted in the overall reduction of 43 tomentosum—a. and four populations of Solanum ha (106 ac) of critical habitat on the incompletum. Asplenium fragile var. Hawaii AA island of Hawaii. insulare is historically known from This unit was proposed as critical Maui and we have designated critical Critical Habitat habitat for 10 species: Asplenium fragile habitat for two populations for this Critical habitat is defined in section 3 var. insulare, Hedyotis coriacea, species on that island (68 FR 25934, of the Act as—(i) the specific areas Neraudia ovata, Portulaca sclerocarpa, May 14, 2003) and habitat for one within the geographic area occupied by Silene hawaiiensis, Silene lanceolata, population is designated in this rule. a species, at the time it is listed in Solanum incompletum, Spermolepis Neraudia ovata is endemic to the island accordance with the Act, on which are hawaiiensis, Tetramolopium arenarium, of Hawaii and habitat for six found those physical or biological and Zanthoxylum hawaiiense. The populations are designated in this rule. features (I) essential to the conservation entire area proposed for these species, We have designated critical habitat for of the species and (II) that may require which is located on PTA lands, was one population of Portulaca sclerocarpa special management considerations or excluded for the reasons described in on Lanai (68 FR 1220, January 9, 2003) protection; and, (ii) specific areas ‘‘Analysis of Impacts Under Section and are designating habitat for five outside the geographic area occupied by 4(b)(2)’’. As a result, no critical habitat populations in this rule. Silene a species at the time it is listed, upon was designated for the five multi-island hawaiiensis is endemic to the island of a determination that such areas are species Hedyotis coriacea, Silene Hawaii, and habitat for three essential for the conservation of the lanceolata, Spermolepis hawaiiensis, populations is designated in this rule. species. ‘‘Conservation,’’ as defined by Tetramolopium arenarium, and Habitat for one population of the multi- the Act, means the use of all methods Zanthoxylum hawaiiense on the island island species Solanum incompletum is and procedures that are necessary to of Hawaii because all of the habitat in the area excluded from critical bring an endangered or a threatened proposed for these species is within habitat on Lanai (68 FR 1220, January 9, species to the point at which listing these lands. These excluded lands 2003) and we are designating habitat for under the Act is no longer necessary. provide habitat for six populations of four populations in this rule. Critical habitat receives protection Hedyotis coriacea, six populations of Exclusion of this unit from critical under section 7 of the Act through the Silene lanceolata, two populations of habitat for Asplenium fragile var. prohibition against destruction or Spermolepis hawaiiensis, seven insulare, Hedyotis coriacea, Neraudia adverse modification of critical habitat populations of Tetramolopium ovata, Portulaca sclerocarpa, Silene with regard to actions carried out, arenarium, and six populations of hawaiiensis, Silene lanceolata, Solanum funded, or authorized by a Federal Zanthoxylum hawaiiense. We have incompletum, Spermolepis hawaiiensis, agency. Section 7 also requires designated critical habitat for Hedyotis Tetramolopium arenarium, and conferences on Federal actions that are coriacea on Oahu (habitat for two Zanthoxylum hawaiiense resulted in the likely to result in the destruction or populations) and Maui (habitat for two overall reduction of 28,384 ha (70,138 adverse modification of proposed populations) (68 FR 25934, May 14, ac) of critical habitat on the island of critical habitat. In our regulations at 50 2003). We designated critical habitat for Hawaii. CFR 402.02, we define destruction or Silene lanceolata on Oahu (habitat for adverse modification as ‘‘* * * a direct one population) and Molokai (habitat Hawaii BB or indirect alteration that appreciably for two populations) (68 FR 12982, This unit was proposed as critical diminishes the value of critical habitat March 19, 2003). We have designated habitat for one multi-island species, for both the survival and recovery of a critical habitat for Spermolepis Sesbania tomentosa. The entire area listed species. Such alterations include, hawaiiensis on Kauai (habitat for two proposed for this species was but are not limited to, alterations populations), Oahu (habitat for two eliminated. This area is not essential to adversely modifying any of those populations), Molokai (habitat for one the conservation of this species because physical or biological features that were population), and Maui (habitat for two it has a lower proportion of associated the basis for determining the habitat to populations) (68 FR 25934, May 14, native species than other areas we be critical.’’ However, in the March 15, 2003). Habitat for one additional consider to be essential to the 2001, decision of the United States population of Spermolepis hawaiiensis conservation of this species, and there Court of Appeals for the Fifth Circuit is in the area excluded from critical are 12 other locations that have been (Sierra Club v. U.S. Fish and Wildlife habitat on Lanai (68 FR 1220, January 9, designated to meet the recovery goal of Service et al., 245 F.3d 434) regarding a 2003). Tetramolopium arenarium is 8 to 10 populations throughout its not prudent finding, the court found our
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definition of destruction or adverse the listing package for the species. kilaueaensis is not prudent because modification as currently contained in Additional information may be obtained such designation would be of no benefit 50 CFR 402.02 to be invalid. In response from recovery plans, articles in peer- to these species. If these species are to this decision, we are reviewing the reviewed journals, conservation plans rediscovered, we may revise these final regulatory definition of adverse developed by States and counties, prudency determinations to incorporate modification in relation to the scientific status surveys and studies, or address new information as new data conservation of the species. and biological assessments or other become available (See 16 U.S.C. 1532 In order to be included in a critical unpublished materials. (5)(B); 50 CFR 424.13(f)). habitat designation, areas within the It is important to clearly understand Due to low numbers of individuals geographical range of the species at the that critical habitat designations do not and populations and their inherent time of listing must contain physical or signal that habitat outside the immobility, the other 56 plant species biological features essential to the designation is unimportant or may not may be vulnerable to unrestricted conservation of the species or for an be required for recovery. Areas outside collection, vandalism, or disturbance. area outside the geographical area the critical habitat designation will However, we examined the evidence occupied by the species at the time of continue to be subject to conservation currently available for each of these listing, the area itself must be essential actions that may be implemented under species and found specific evidence of to the conservation of the species, 16 section 7(a)(1) and to the regulatory vandalism, disturbance, and the threat U.S.C. 1532(5)(A). protections afforded by the Act’s section of unrestricted collection only for two Our regulations state that ‘‘The 7(a)(2) jeopardy standard and section 9 species of Pritchardia, the native palm. Secretary shall designate as critical prohibitions, as determined on the basis At the time of listing, we determined habitat areas outside the geographical of the best available information at the that designation of critical habitat was area presently occupied by a species time of the action. We specifically not prudent for Pritchardia affinis and only when a designation limited to its anticipate that federally funded or Pritchardia schattaueri because it would present range would be inadequate to assisted projects affecting listed species increase the degree of threat from ensure the conservation of the species’’ outside their designated critical habitat vandalism or collecting, and would (50 CFR 424.12(e)). Accordingly, when areas may still result in jeopardy provide no benefit (59 FR 10305, March the best available scientific and findings in some cases. Similarly, 4, 1994; 61 FR 53137, October 10, 1996). commercial data do not demonstrate critical habitat designations made on the Since publication of the listing rule, we that the conservation needs of the basis of the best available information at learned of specific instances of species require designation of critical the time of designation will not control vandalism, collection, and commercial habitat outside of occupied areas, we the direction and substance of future trade involving these two species of will not designate critical habitat in recovery plans, habitat conservation Pritchardia. In the 1990s, seeds of areas outside the geographic area plans, or other species conservation Pritchardia schattaueri were removed occupied by the species. planning efforts if new information from plants in two of the three locations Section 4 requires that we designate available to these planning efforts calls where this species was known at that critical habitat for a species, to the for a different outcome. Furthermore, time (L. Perry and Nick Agorastos, extent such habitat is determinable, at we recognize that designation of critical DOFAW pers. comm. 2000). We the time of listing. When we designate habitat may not include all of the received information on the commercial critical habitat at the time of listing or habitat areas that may eventually be trade in palms conducted through the under short court-ordered deadlines, we determined to be necessary for the Internet (Grant Canterbury, Service in may not have sufficient information to recovery of the species. litt. 2000). Several nurseries advertise identify all the areas essential for the and sell seedlings and young plants, Prudency conservation of the species, or we may including 13 species of Hawaiian inadvertently include areas that later Designation of critical habitat is not Pritchardia. Seven of these species are will be shown to be nonessential. prudent when the species is threatened federally protected, including Nevertheless, we are required to by taking or other human activity, and Pritchardia affinis and Pritchardia complete the designation process, using identification of critical habitat can be schattaueri. In light of this information, the best information available to us. If expected to increase the degree of such we believe that designation of critical new information becomes available threat to the species (50 CFR habitat would likely increase the threat subsequent to the designation, we have 424.12(a)(1)). from vandalism to or collection of to authority to revise the critical habitat at To determine whether critical habitat these two species of Pritchardia on the that time (16 U.S.C. 1533(a)(3)(B)). would be prudent for each species, we island of Hawaii. First, these plants are Our Policy on Information Standards analyzed the potential threats and easy to identify, and second, they may Under the Endangered Species Act, benefits for each species in accordance be attractive to collectors of rare palms published in the Federal Register on with the court’s order. Two species, either for their personal use or to trade July 1, 1994 (59 FR 34270), provides Cyanea copelandii ssp. copelandii and or sell for personal gain (Johnson 1996). criteria, establishes procedures, and Ochrosia kilaueaensis, endemic to the Although the final listing rules for these provides guidance to ensure that our island of Hawaii, are no longer extant in two species of palm do not list decisions represent the best scientific the wild. Cyanea copelandii ssp. vandalism or overcollection as threats, and commercial data available. It copelandii was last seen in the wild in in light of documented vandalism and requires our biologists, to the extent 1957, in the Glenwood area. Ochrosia overcollection events on these species consistent with the Act and with the use kilaueaensis was last observed in the and on species in the same genus on of the best scientific and commercial wild in 1927, in an area that is now part Kauai, we believe that Pritchardia data available, to use primary and of Hawaii Volcanoes National Park. affinis and P. schattaueri are vulnerable original sources of information as the Neither of these two species is known to these threats (59 FR 10305; 61 FR basis for recommendations to designate to be in storage or under propagation. 53137). critical habitat. When determining Under these circumstances, designation In addition, we believe that which areas are critical habitat, a of critical habitat for Cyanea copelandii designation would not provide primary source of information should be ssp. copelandii and Ochrosia significant benefits that would outweigh
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these increased risks. First, Pritchardia Hawaii: Achyranthes mutica, Delissea outcome, since an action that destroys affinis and Pritchardia schattaueri do undulata, Flueggea neowawraea, or adversely modifies such critical not occur on Federal lands. Pritchardia Ischaemum byrone, Mariscus habitat would also be likely to result in schattaueri is reported on privately pennatiformis, Phlegmariurus mannii, jeopardy to the species, there may be owned land that is zoned for and Plantago princeps. In the final rule instances where section 7 consultation agriculture, and 10 of the approximately for Maui and Kahoolawe plants (68 FR would be triggered only if critical 12 individuals have been fenced (Mick 25934, May 14, 2003), we found that habitat were designated. There may also Castillo, USFWS, pers. comm. 2003). In critical habitat was prudent for the be some educational or informational addition, the privately owned land is following eight multi-island species that benefits to the designation of critical currently farmed, with 10 of the plants also occur on the island of Hawaii: habitat. Educational benefits include the located in pasture and 2 located in Asplenium fragile var. insulare, notification of landowner(s), land macadamia nut orchards, and this land Clermontia lindseyana, Clermontia managers, and the general public of the is unlikely to be developed. Pritchardia peleana, Colubrina oppositifolia, importance of protecting the habitat of affinis occurs on State and privately Gouania vitifolia, Hedyotis coriacea, these species and dissemination of owned lands that are zoned for Phyllostegia parviflora, and information regarding their essential conservation and agriculture. Since Tetramolopium arenarium. habitat requirements. Therefore, we find there do not appear to be any actions in We examined the evidence available that critical habitat is prudent for these the future that would likely involve a for the other 23 species and have not, 23 plant species: Argyroxiphium Federal agency, designation of critical at this time, found specific evidence of kauense, Clermontia drepanomorpha, habitat would not provide any taking, vandalism, collection, or trade of Clermontia pyrularia, Cyanea protection to these species that they do these species or of similar species. hamatiflora ssp. carlsonii, Cyanea not already have through listing alone. Consequently, while we remain platyphylla, Cyanea shipmanii, Cyanea If, however, in the future, any Federal concerned that these activities could stictophylla, Cyrtandra giffardii, involvement did occur, such as through potentially threaten these 23 plant Cyrtandra tintinnabula, Hibiscadelphus the permitting process or funding by the species in the future, consistent with giffardianus, Hibiscadelphus U.S. Department of Agriculture, the U.S. applicable regulations (50 CFR hualalaiensis, Isodendrion hosakae, Department of the Interior, the Corps 424.12(a)(1)(i)) and the court’s Melicope zahlbruckneri, Neraudia through section 404 of the Clean Water discussion of these regulations, we do ovata, Nothocestrum breviflorum, Act, the U.S. Federal Department of not find that any of these species are Phyllostegia racemosa, Phyllostegia Housing and Urban Development, or the currently threatened by taking or other velutina, Phyllostegia warshaueri, Federal Highway Administration, the human activity, which would be Plantago hawaiiensis, Pleomele actions would be subject to consultation exacerbated by the designation of hawaiiensis, Sicyos alba, Silene under section 7 of the Act. We critical habitat. hawaiiensis, and Zanthoxylum In the absence of finding that critical acknowledge that critical habitat dipetalum var. tomentosum. habitat would increase threats to a designation, in some situations, may species, if there are any benefits to Methods provide some value to the species, for critical habitat designation, then a As required by the Act and example, by identifying areas important prudent finding is warranted. The regulations (section 4(b)(2) and 50 CFR for conservation and calling attention to potential benefits include: (1) Triggering 424.12), we used the best scientific those areas in need of special section 7 consultation in new areas information available to determine areas protection. However, for these two where it would not otherwise occur that contain the physical and biological species, we believe that the benefits of because, for example, it is or has features that are essential for the designating critical habitat do not become unoccupied or the occupancy is conservation of Achyranthes mutica, outweigh the potential increased threats in question; (2) focusing conservation Adenophorus periens, Argyroxiphium from vandalism or collection. Given all activities on the most essential areas; (3) kauense, Asplenium fragile var. of the above considerations, we providing educational benefits to State insulare, Bonamia menziesii, Cenchrus determine that designation of critical or county governments or private agrimonioides, Clermontia habitat for Pritchardia affinis and P. entities; and (4) preventing people from drepanomorpha, Clermontia schattaueri is not prudent. causing inadvertent harm to the species. lindseyana, Clermontia peleana, In the final rule for Lanai plants (68 In the case of these 23 species, there Clermontia pyrularia, Colubrina FR 1220, January 9, 2003), we found would be some benefits to critical oppositifolia, Ctenitis squamigera, that critical habitat was prudent for the habitat. The primary regulatory effect of Cyanea hamatiflora ssp. carlsonii, following 16 multi-island species that critical habitat is the section 7 Cyanea platyphylla, Cyanea shipmanii, also occur on the island of Hawaii: requirement that Federal agencies Cyanea stictophylla, Cyrtandra giffardii, Adenophorus periens, Bonamia refrain from taking any action that Cyrtandra tintinnabula, Delissea menziesii, Cenchrus agrimonioides, destroys or adversely affects critical undulata, Diellia erecta, Flueggea Ctenitis squamigera, Diellia erecta, habitat. Thirteen of these species are neowawraea, Gouania vitifolia, Hedyotis Hedyotis cookiana, Hibiscus reported on or near Federal lands (see cookiana, Hedyotis coriacea, brackenridgei, Isodendrion pyrifolium, Table 1 above), where actions are Hibiscadelphus giffardianus, Mariscus fauriei, Portulaca sclerocarpa, subject to section 7 consultation. Hibiscadelphus hualalaiensis, Hibiscus Sesbania tomentosa, Silene lanceolata, Although many of the species brackenridgei, Ischaemum byrone, Solanum incompletum, Spermolepis considered in this rule are located Isodendrion hosakae, Isodendrion hawaiiensis, Vigna o-wahuensis, and exclusively on non-Federal lands with pyrifolium, Mariscus fauriei, Mariscus Zanthoxylum hawaiiense. In the final limited Federal activities, there could be pennatiformis, Melicope zahlbruckneri, rule for Kauai and Niihau plants (68 FR Federal actions affecting these lands in Neraudia ovata, Nothocestrum 9116, February 27, 2003), we found that the future. While a critical habitat breviflorum, Phlegmariurus mannii, critical habitat was prudent for the designation for habitat currently Phyllostegia parviflora, Phyllostegia following seven multi-island species occupied by these species would not racemosa, Phyllostegia velutina, that are also found on the island of likely change the section 7 consultation Phyllostegia warshaueri, Plantago
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hawaiensis, Plantago princeps, recommendations made by the HPPRCC Isodendrion hosakae, Isodendrion Pleomele hawaiiensis, Portulaca in 1998. Much of the area that was pyrifolium, Mariscus fauriei, Mariscus sclerocarpa, Sesbania tomentosa, Sicyos identified by the HPPRCC as pennatiformis, Melicope zahlbruckneri, alba, Silene hawaiiensis, Silene inadequately surveyed has now been Neraudia ovata, Nothocestrum lanceolata, Solanum incompletum, surveyed to some degree. New location breviflorum, Phlegmariurus mannii, Spermolepis hawaiiensis, data for many species have been Phyllostegia parviflora, Phyllostegia Tetramolopium arenarium, Vigna o- gathered. Also, the HPPRCC identified racemosa, Phyllostegia velutina, wahuensis, Zanthoxylum dipetalum var. areas as essential based on species Phyllostegia warshaueri, Plantago tomentosum, and Zanthoxylum clusters (areas that included listed hawaiensis, Plantago princeps, hawaiiense. This information included species, as well as candidate species Pleomele hawaiiensis, Portulaca the known locations, site-specific and species of concern) while we have sclerocarpa, Sesbania tomentosa, Sicyos species information from the HINHP only delineated areas that are essential alba, Silene hawaiiensis, Silene database and our own rare plant for the conservation of the specific lanceolata, Solanum incompletum, database; species information from the listed species at issue. As a result, the Spermolepis hawaiiensis, Center for Plant Conservation’s (CPC’s) critical habitat designations in this rule Tetramolopium arenarium, Vigna o- rare plant monitoring database housed include not only some habitat that was wahuensis, Zanthoxylum dipetalum var. at the University of Hawaii’s Lyon identified as essential in the 1998 tomentosum, and Zanthoxylum Arboretum; island-wide Geographic recommendations but also habitat that hawaiiense) is described in the Information System (GIS) coverages was not identified as essential in those ‘‘Background’’ section of this final rule. (e.g., vegetation, soils, annual rainfall, recommendations. We are unable to identify these features elevation contours, landownership); the for Cenchrus agrimonioides, Ctenitis Primary Constituent Elements final listing rules for these 54 species; squamigera, Hedyotis cookiana, the May 28, 2002 proposal; information In accordance with section 3(5)(A)(i) Mariscus pennatiformis, Phlegmariurus received during the public comment of the Act and regulations at 50 CFR mannii, Phyllostegia parviflora, and periods and the public hearings; recent 424.12, in determining which areas to Plantago princeps, which no longer biological surveys and reports; our propose as critical habitat, we are occur on the island of Hawaii, because recovery plans for these species; required to base critical habitat information on the physical and information from landowners, land determinations on the best scientific biological features (i.e., the primary managers, and interested parties on the and commercial data available and to constituent elements) that are island of Hawaii; discussions with consider those physical and biological considered essential to the conservation botanical experts; and recommendations features (primary constituent elements) of these seven species on the island of from the Hawaii and Pacific Plant that are essential to the conservation of Hawaii is not known. Only scanty Recovery Coordinating Committee the species and that may require special information based on old collection (HPPRCC) (see also the discussion management considerations or records (mostly from the 1800s) exists. below) (GDSI 2000; HINHP Database protection. These features include, but We are able to identify these features for 2000; Service 1994, 1995a, 1996a, are not limited to: Space for individual Hedyotis coriacea, Silene lanceolata, 1996b, 1996c, 1997a, 1998a, 1998b, and population growth, and for normal Spermolepis hawaiiensis, 1998c, 1999; 67 FR 36968; CPC, in litt. behavior; food, water, air, light, Tetramolopium arenarium, and 1999; R. Hobdy and S. Perlman, pers. minerals, or other nutritional or Zanthoxylum hawaiiense, but we are comms. 2000; L. Pratt et al., pers. comm. physiological requirements; cover or not designating critical habitat for these 2001). shelter; sites for breeding, reproduction, species on the island of Hawaii for the In 1994, the HPPRCC initiated an or rearing of offspring, germination, or reasons given in the ‘‘Analysis of effort to identify and map habitat it seed dispersal; and habitats that are Impacts Under Section 4(b)(2)’’ section. believed to be important for the protected from disturbance or are Sufficient habitat to meet the recovery recovery of 282 endangered and representative of the historic goal of 8 to 10 populations for these 12 threatened Hawaiian plant species. The geographical and ecological multi-island species has either been HPPRCC identified these areas on most distributions of a species. designated on other islands within their of the islands in the Hawaiian chain, Much of what is known about the historical ranges or has been specifically and in 1999, we published them in our specific physical and biological identified in lands on this or other Recovery Plan for the Multi-Island requirements of the 54 species islands (68 FR 1220, January 9, 2003; 68 Plants (Service 1999). The HPPRCC (Achyranthes mutica, Adenophorus FR 9116, February 27, 2003; 68 FR expects there will be subsequent efforts periens, Argyroxiphium kauense, 28054, May 22, 2003; 68 FR 35949, June to further refine the locations of Asplenium fragile var. insulare, 17, 2003; 68 FR 12982, March 19, 2003; important habitat areas and that new Bonamia menziesii, Cenchrus 68 FR 25934, May 14, 2003). survey information or research may also agrimonioides, Clermontia All areas designated as critical habitat lead to additional refinement of drepanomorpha, Clermontia are either within the geographical range identifying and mapping of habitat lindseyana, Clermontia peleana, of the species at the time of listing and important for the recovery of these Clermontia pyrularia, Colubrina contain one or more of the physical or species. oppositifolia, Ctenitis squamigera, biological features (primary constituent The HPPRCC identified essential Cyanea hamatiflora ssp. carlsonii, elements) essential for the conservation habitat areas for all listed, proposed, Cyanea platyphylla, Cyanea shipmanii, of the species, or are essential to the and candidate plants and evaluated Cyanea stictophylla, Cyrtandra giffardii, conservation of the species. species of concern to determine if Cyrtandra tintinnabula, Delissea As described in the discussions for essential habitat areas would provide for undulata, Diellia erecta, Flueggea each of the 41 species for which we are their habitat needs. However, the neowawraea, Gouania vitifolia, Hedyotis designating critical habitat, we are HPPRCC’s mapping of habitat is distinct cookiana, Hedyotis coriacea, defining the primary constituent from the regulatory designation of Hibiscadelphus giffardianus, elements on the basis of the habitat critical habitat as defined by the Act. Hibiscadelphus hualalaiensis, Hibiscus features of the areas from which the More data have been collected since the brackenridgei, Ischaemum byrone, plant species are reported, as described
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by the type of plant community (e.g., within historic range, and (4) research 2000; Karieva and Wennergren 1995; mesic Metrosideros polymorpha forest), on species biology and ecology (Service Luijten et al. 2000; Meffe and Carroll associated native plant species, locale 1995a, 1995b, 1996a, 1996b, 1997, 1996; Menges 1990; Murphy et al. 1990; information (e.g., steep rocky cliffs, 1998a, 1998b, 1999, 2001). Thus, the Podolsky 2001; Quintana-Ascencio and talus slopes, gulches, stream banks), and long-term recovery of these species is Menges 1996; Taylor 1995; Tear et al. elevation. The habitat features provide dependent upon the protection of 1995; Wolf and Harrison 2001). The the ecological components required by existing population sites and potentially overall goal of recovery in the short- the plant. The type of plant community suitable unoccupied habitat within the term is a successful population that can and associated native plant species species’ historic range. carry on basic life history processes, indicate specific microclimate (localized The overall recovery goal stated in the such as establishment, reproduction, climatic) conditions, retention and recovery plans for each of these species and dispersal, at a level where the availability of water in the soil, soil includes the establishment of 8 to 10 probability of extinction is low. In the microorganism community, and populations with a minimum of 100 long-term, the species and its nutrient cycling and availability. The mature, reproducing individuals per populations should be at a reduced risk locale indicates information on soil population for long-lived perennials; of extinction and be adaptable to type, elevation, rainfall regime, and 300 mature, reproducing individuals per environmental change through temperature. Elevation indicates population for short-lived perennials; evolution and migration. information on daily and seasonal and 500 mature, reproducing Many aspects of species life history temperature and sun intensity. individuals per population for annuals. are typically considered to determine Therefore, the descriptions of the There are some specific exceptions to guidelines for species’ interim stability physical elements of the locations of this general recovery goal of 8 to 10 and recovery, including longevity, each of these species, including habitat populations for species that are believed breeding system, growth form, type, plant communities associated with to be very narrowly distributed on a fecundity, ramet (a plant that is an the species, location, and elevation, as single island (e.g., the recovery goal for independent member of a clone) described in the ‘‘Supplementary Argyroxiphium kauense is 10 production, survivorship, seed Information: Discussion of the Plant populations of more than 2,000 longevity, environmental variation, and Taxa’’ section above, constitute the individuals), and the critical habitat successional stage of the habitat. primary constituent elements for these designations reflect this exception for Hawaiian species are poorly studied, species on the island of Hawaii. these species. To be considered and the only one of these characteristics recovered, the populations of a multi- that can be uniformly applied to all Criteria Used To Identify Critical island species should be distributed Hawaiian plant species is longevity (i.e., Habitat among the islands of its known historic long-lived perennial, short-lived The lack of detailed scientific data on range (Service 1994, 1995a, 1996a, perennial, and annual). In general, long- the life history of these plant species 1996b, 1996c, 1997a, 1998a, 1998b, lived woody perennial species would be makes it impossible for us to develop a 1998c, 1999). A population, for the expected to be viable at population robust quantitative model (e.g., purposes of this discussion and as levels of 50 to 250 individuals per population viability analysis (National defined in the recovery plans for these population, while short-lived perennial Research Council 1995)) to identify the species, is a unit in which the species would be viable at population optimal number, size, and location of individuals could be regularly cross- levels of 1,500 to 2,500 individuals or critical habitat units to achieve recovery pollinated and influenced by the same more per population. These population (Beissinger and Westphal 1998; small-scale events (such as landslides) numbers were refined for Hawaiian Burgman et al. 2001; Ginzburg et al. and which contains a minimum of 100, plant species by the HPPRCC (1996) due 1990; Karieva and Wennergren 1995; 300, or 500 mature, reproducing to the restricted distribution of suitable Menges 1990; Murphy et al. 1990; individuals, depending on whether the habitat typical of Hawaiian plants and Taylor 1995). At this time, and species is a long-lived perennial, short- the likelihood of smaller genetic consistent with the listing of these lived perennial, or annual. diversity of several species that evolved species and their recovery plans, the By adopting the specific recovery from a single introduction. For recovery best available information leads us to objectives enumerated above, the of Hawaiian plants, the HPPRCC conclude that the current size and adverse effects of genetic inbreeding and recommended a general recovery distribution of the extant populations random environmental events and guideline of 100 mature, reproducing are not sufficient to expect a reasonable catastrophes, such as landslides, individuals per population for long- probability of long-term survival and hurricanes, or tsunamis, which could lived perennial species, 300 mature, recovery of these plant species. destroy a large percentage of a species reproducing individuals per population Therefore, we used available at any one time, may be reduced for short-lived perennial species, and information, including expert scientific (Menges 1990; Podolsky 2001). These 500 mature, reproducing individuals per opinion, to identify potentially suitable recovery objectives were initially population for annual species. habitat within the known historic range developed by the HPPRCC and are The HPPRCC also recommended the of each species. found in all of the recovery plans for conservation and establishment of 8 to We considered several factors in the these species. While they are expected 10 populations to address the numerous selection and proposal of specific to be further refined as more risks to the long-term survival and boundaries for critical habitat for these information on the population biology conservation of Hawaiian plant species. 41 species. For each of these species, the of each species becomes available, the Although absent the detailed overall recovery strategy outlined in the justification for these objectives is found information inherent to the types of approved recovery plans includes: (1) in the current conservation biology population viability analysis models Stabilization of existing wild literature addressing the conservation of described above (Burgman et al. 2001), populations, (2) protection and rare and endangered plants and animals this approach employs two widely management of habitat, (3) enhancement (Beissinger and Westphal 1998; recognized and scientifically accepted of existing small populations and Burgman et al. 2001; Falk et al. 1996; goals for promoting viable populations reestablishment of new populations Ginzburg et al. 1990; Hendrix and Kyhl of listed species—(1) Creation or
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maintenance of multiple populations so not known to be occupied by these conservation would be available within that a single or series of catastrophic species. To recover the species, it is the suitable habitat units identified as events cannot destroy the entire listed essential to conserve suitable habitat in containing the appropriate primary species (Luijten et al. 2000; Menges these unoccupied units, which in turn constituent elements for each species. If 1990; Quintana-Ascencio and Menges will allow for the establishment of more than the area needed for the 1996); and (2) increasing the size of each additional populations through natural number of recovery populations was population in the respective critical recruitment or managed reintroductions. identified as potentially suitable, only habitat units to a level where the threats Establishment of these additional those areas within the least disturbed of genetic, demographic, and normal populations will increase the likelihood suitable habitat were proposed as environmental uncertainties are that the species will survive and recover critical habitat. A population for this diminished (Hendrix and Kyhl 2000; in the face of normal and stochastic purpose is defined as a discrete Luijten et al. 2000; Meffe and Carroll events (e.g., hurricanes, fire, and aggregation of individuals located a 1996; Podolsky 2001; Service 1997; Tear nonnative species introductions) sufficient distance from a neighboring et al. 1995; Wolf and Harrison 2001). In (Mangel and Tier 1994; Pimm et al. aggregation such that the two are not general, a basic conservation principle 1998; Stacey and Taper 1992). affected by the same small-scale events is that the larger the number of Our approach to delineating critical and are not believed to be consistently populations and the larger the size of habitat units was applied in the cross-pollinated. In the absence of more each population, the lower the following manner: specific information indicating the probability of extinction (Meffe and (1) Critical habitat was designated on appropriate distance to assure limited Carroll 1996; Raup 1991). This basic an island-by-island basis for ease of cross-pollination, we are using a conservation principle of redundancy understanding for landowners and the distance of 1,000 m (3,280 ft) based on applies to Hawaiian plant species. By public, for ease of conducting the public our review of current literature on gene maintaining 8 to 10 viable populations hearing process, and for ease of flow (Barret and Kohn 1991; Fenster and in several critical habitat units, the conducting public outreach. In Hawaii, Dudash 1994; Havens 1998; Schierup threats represented by a fluctuating landowners and the public are most and Christiansen 1996). We further environment are alleviated and the interested and affected by issues refined the resulting critical habitat species has a greater likelihood of centered on the island on which they units by using satellite imagery and achieving long-term survival and reside; parcel data to eliminate areas that did (2) We focused on designating units recovery. Conversely, loss of one or not contain the appropriate vegetation representative of the known current and more of the plant populations within or associated native plant species, as historical geographic and elevational any critical habitat unit could result in well as features such as cultivated an increase in the risk that the entire range of each species; and (3) We designated critical habitat agriculture fields, housing listed species may not survive and developments, and other areas that are recover. units to allow for expansion of existing wild populations and reestablishment of unlikely to contribute to the Due to the reduced size of suitable conservation of one or more of the 47 habitat areas for these Hawaiian plant wild populations within the historic range, as recommended by the recovery plant species for which critical habitat species, they are now more susceptible was proposed on May 28, 2002. We to the variations and weather plans for each species. The proposed critical habitat units used geographic features (ridge lines, fluctuations affecting quality and valleys, streams, coastlines, etc.) or quantity of available habitat, as well as were delineated by creating rough units manmade features (roads or obvious direct pressure from hundreds of for each species by screen digitizing land use) that created an obvious species of nonnative plants and animals. polygons (map units) using ArcView boundary for a unit as unit area Establishing and conserving 8 to 10 (Environmental Systems Research boundaries. viable populations on one or more Institute, Inc.), a computer GIS program. islands within the historic range of the We created the polygons by overlaying Following publication of the proposed species will provide each species with current and historic plant location critical habitat rules, some of which a reasonable expectation of persistence points onto digital topographic maps of were also published in revised form, for and eventual recovery, even with the each of the islands. 255 Hawaiian plants (67 FR 3940, high potential that one or more of these We then evaluated the resulting shape January 28, 2002; 67 FR 9806, March 4, populations will be eliminated by files (delineating historic elevational 2002; 67 FR 15856, April 3, 2002; 67 FR normal or random adverse events, such range and potential, suitable habitat). 16492, April 5, 2002; 67 FR 34522, May as the hurricanes that occurred in 1982 We refined elevation ranges, and we 14, 2002; 67 FR 36968, May 28, 2002; and 1992 on Kauai, fires, and nonnative avoided land areas identified as not 67 FR 37108, May 28, 2002), we plant invasions (HPPRCC 1996; Luijten suitable for a particular species (i.e., not reevaluated proposed critical habitat, et al. 2000; Mangel and Tier 1994; Pimm containing the primary constituent Statewide, for each species using the et al. 1998; Stacey and Taper 1992). We elements). We then considered the recovery guidelines (8 to 10 populations conclude that designation of adequate resulting shape files for each species to with a minimum of 100 mature, suitable habitat for 8 to 10 populations define all suitable habitat on the island, reproducing individuals per population as critical habitat is essential to give the including occupied and unoccupied for long-lived perennials; 300 mature, species a reasonable likelihood of long- habitat. reproducing individuals per population term survival and recovery, based on We further evaluated these shape files for short-lived perennials; and 500 currently available information. of suitable habitat. We used several mature, reproducing individuals per In summary, the long-term survival factors to delineate the proposed critical population for annuals) to determine if and recovery of Hawaiian plant species habitat units from these land areas. We we had inadvertently proposed for requires the designation of critical reviewed the recovery objectives, as designation too much or too little habitat units on one or more of the described above and in recovery plans habitat to meet the essential recovery Hawaiian islands with suitable habitat for each of the species, to determine if goals of 8 to 10 populations per species for 8 to 10 populations of each plant the number of populations and distributed among the islands of the species. Some of this habitat is currently population size requirements needed for species’ known historic range (HINHP
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Database 2000, 2001; Wagner et al. populations distributed among the ways; radars; telemetry antennas; 1990, 1999). islands of each species’ historical range. missile launch sites; arboreta and Based on comments and information Of the proposed critical habitat for a gardens; heiau (indigenous places of we received during the comment species, areas that provide habitat for worship or shrines) and other periods, we assessed the proposed populations above the recovery goal of archaeological sites; airports; other critical habitat in order to ascertain 8 to 10 populations were determined paved areas; and lawns and other rural which areas contained the highest not essential for the conservation of the residential landscaped areas. Federal quality habitat, had the highest species and were eliminated from the actions limited to those areas would not likelihood of species conservation, and final designation. trigger a section 7 consultation unless were geographically distributed within Within the critical habitat boundaries, they affect the species or primary the species’ historical range and section 7 consultation is generally constituent elements in adjacent critical distributed such that all populations of necessary, and adverse modification habitat. a single species are unlikely to be could occur only if the primary In summary, for these species we impacted by a single catastrophic event. constituent elements are affected. utilized the approved recovery plan We ranked areas of the proposed critical Therefore, not all activities within guidance to identify appropriately sized habitat by the quality of the primary critical habitat would trigger an adverse land units containing essential occupied constituent elements (i.e., intact native modification conclusion. In selecting and unoccupied habitat. Based on the plant communities, predominance of areas of designated critical habitat, we best available information, we believe associated native plants versus made an effort to avoid developed areas, these areas constitute the essential nonnative plants), potential as a such as towns and other similar lands, habitat on the island of Hawaii to conservation area (e.g., whether the land that are unlikely to contribute to the provide for the conservation of these 41 is zoned for conservation; whether the conservation of the 41 species. species. landowner is already participating in However, the minimum mapping unit The critical habitat areas described plant conservation or recovery actions), that we used to approximate our below constitute our best assessment of and current or expected management of delineation of critical habitat for these the physical and biological features known threats (e.g., ungulate control; species did not allow us to exclude all needed for the conservation of the 41 weed control; nonnative insect, slug, such developed areas from the maps. plant species from the island of Hawaii and snail control). We ranked as most Nevertheless, since manmade features and the special management needs of essential those areas that contain high and structures within the boundaries of these species, and are based on the best quality primary constituent elements, the mapped unit do not contain the scientific and commercial information are zoned for conservation, and have primary constituent elements, they are available and described above. We ongoing or expected threat abatement excluded by the terms of the final publish this final rule acknowledging actions. This ranking process also regulation such areas include: that we have incomplete information included determining which habitats Buildings; roads; aqueducts and other regarding many of the primary were representative of the historic water system features, including but not biological and physical requirements for geographical and ecological limited to, pumping stations, irrigation these species. However, both the Act distributions of the species (see ditches, pipelines, siphons, tunnels, and the relevant court orders require us ‘‘Primary Constituent Elements’’). Areas water tanks, gaging stations, intakes, to proceed with designation at this time that are zoned for conservation or have reservoirs, diversions, flumes, and based on the best information available. been identified as a State Forest wells; existing trails; campgrounds and As new information accrues, we may Reserve, NAR, Wildlife Preserve, State their immediate surrounding consider reevaluating the boundaries of Park, or are managed for conservation landscaped area; scenic lookouts; areas that warrant critical habitat by a private landowner have a high remote helicopter landing sites; existing designation. likelihood of providing conservation fences; telecommunications towers and The approximate areas of designated benefit to the species and are therefore associated structures and equipment; critical habitat by landownership or more essential than other comparable electrical power transmission lines and jurisdiction are shown in Table 3. The habitat outside of those types of areas. distribution and communication approximate final critical habitat area Of these essential areas, we selected facilities and regularly maintained (ha (ac)), essential area, and excluded adequate area to provide for 8 to 10 associated rights-of-way and access area are shown in Table 4.
TABLE 3.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LANDOWNERSHIP OR JURISDICTION, HAWAII COUNTY, HAWAII 1
Unit name State/local Private Federal Total
Hawaii 9—Achyranthes mutica—a ...... 63 ha ...... 63 ha (157 ac) (157 ac) Hawaii 9—Achyranthes mutica—b ...... 83 ha ...... 41 ha ...... 125 ha (205 ac) (101 ac) (306 ac) Hawaii 9—Achyranthes mutica—c ...... 67 ha ...... 67 ha (166 ac) (166 ac) Hawaii 9—Achyranthes mutica—d ...... 58 ha ...... 58 ha (143 ac) (143 ac) Hawaii 9—Achyranthes mutica—e ...... 74 ha ...... 23 ha ...... 96 ha (182 ac) (56 ac) (238 ac) Hawaii 9—Achyranthes mutica—f ...... 43 ha ...... 43 ha (105 ac) (105 ac) Hawaii 9—Achyranthes mutica—g ...... 37 ha ...... 37 ha (92 ac) (92 ac)
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TABLE 3.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LANDOWNERSHIP OR JURISDICTION, HAWAII COUNTY, HAWAII 1—Continued
Unit name State/local Private Federal Total
Hawaii 9—Achyranthes mutica—h ...... 46 ha ...... 5 ha ...... 51 ha (115 ac) (12 ac) (127 ac) Hawaii 9—Achyranthes mutica—i ...... <1 ha ...... 30 ha ...... 31 ha (1 ac) (75 ac) (76 ac) Hawaii 9—Achyranthes mutica—j ...... 21 ha ...... 12 ha ...... 33 ha (52 ac) (29 ac) (81 ac) Hawaii 28—Adenophorus periens—a ...... 2,733 ha ...... 2,733 ha (6,754 ac) (6, 754 ac) Hawaii 10—Argyroxiphium kauense—a ...... 349 ha ...... 349 ha (861 ac) (861 ac) Hawaii 24—Argyroxiphium kauense—b ...... 3,149 ha ...... 4,646 ha ...... 7,795 ha (7,780 ac) (11,481 ac) (19,261, ac) Hawaii 25—Argyroxiphium kauense—c ...... 2,006 ha ...... 2,006 ha (4,957 ac) (4,957 ac) Hawaii 30—Argyroxiphium kauense—d ...... 4,281 ha ...... 4,281 ha (10,578 ac) (10,578 ac) Hawaii 24—Asplenium fragile var. insulate— 907 ha ...... 907 ha a. (2,241 ac) (2,241 ac) Hawaii 10—Bonamia menziesii—a ...... 163 ha ...... 163 ha (402 ac) (402 ac) Hawaii 8—Clermontia drepanomorpha—a .... 1,906 ha ...... 1,906 ha (4,709 ac) (4,709 ac) Hawaii 1—Clermontia lindseyana—a ...... 1,377 ha ...... 1,377 ha (3,303 ac) (3,303 ac) Hawaii 2—Clermontia lindseyana—b ...... 371 ha ...... 891 ha ...... 1,262 ha (918 ac) (2,201 ac) (3,119 ac) Hawaii 30—Clermontia lindseyana—c ...... 1,634 ha ...... 1,634 ha (4,037 ac) (4,037 ac) Hawaii 1—Clermontia peleana—a ...... 114 ha ...... 4,590 ha ...... 4,704 ha (281 ac) (11,343 ac) (11,624 ac) Hawaii 3—Clermontia peleana—b ...... 2,630 ha ...... 1,468 ha ...... 4,128 ha (6,498 ac) (3,627 ac) (10,126 ac) Hawaii 29—Clermontia peleana—c ...... 6,830 ha ...... 6,830 ha (16,914 ac) (16,914 ac) Hawaii 1—Clermontia pyrularia—a ...... 1,378 ha ...... 1,378 ha (3,405 ac) (3,405 ac) Hawaii 2—Clermontia pyrularia—b ...... 608 ha ...... 775 ha ...... 1,383 ha (1,502 ac) (1,916 ac) (3,418 ac) Hawaii 10—Colubrina oppositifolia—a ...... 1,918 ha ...... 1,918 ha (4,740 ac) (4,740 ac) Hawaii 18—Colubrina oppositifolia—b ...... 2,703 ha ...... <1 ha ...... 2,703 ha (6,712 ac) (1 ac) (6,713 ac) Hawaii 11—Cyanea hamatiflora ssp. 92 ha ...... 92 ha carlsonii—a. (227 ac) (227 ac) Hawaii 14—Cyanea hamatiflora ssp...... 597 ha ...... 597 ha carlsonii—b. (1,475 ac) (1,475 ac) Hawaii 15—Cyanea hamatiflora ssp. 741 ha ...... 304 ha ...... 1,045 ha carlsonii—c. (1,832 ac) (751 ac) (2,583 ac) Hawaii 16—Cyanea hamatiflora ssp. 186 ha ...... 186 ha carlsonii—d. (459 ac) (459 ac) Hawaii 3—Cyanea platyphylia—a ...... 1,403 ha ...... 1,403 ha (3,467 ac) (3,467 ac) Hawaii 29—Cyanea platyphylia—b ...... 1,122 ha ...... 402 ha ...... 1,524 ha (2,773 ac) (994 ac) (3,767 ac) Hawaii 1—Cyanea shipmanii—a ...... 1,557 ha ...... 1,557 ha (3,898 ac) (3,898 ac) Hawaii 30—Cyanea shipmanii—b ...... 62 ha ...... 62 ha (152 ac) (152 ac) Hawaii 30—Cyanea shipmanii—c ...... 825 ha ...... 825 ha (2,038 ac) (2,038 ac) Hawaii 15—Cyanea stictophylla—a ...... 500 ha ...... 185 ha ...... 685 ha (1,235 ac) (457 ac) (1,693 ac) Hawaii 16—Cyanea stictophylla—b ...... 327 ha ...... 327 ha (809 ac) (809 ac) Hawaii 24—Cyanea stictophylla—c ...... 584 ha ...... 584 ha (1,443 ac) (1,443 ac) Hawaii 30—Cyanea stictophylla—d ...... 632 ha ...... 632 ha (91,539 ac) (91,539 ac) Hawaii 3—Cytandra giffardii—a ...... 1,510 ha ...... 1,510 ha (3,731 ac) (3,731 ac)
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TABLE 3.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LANDOWNERSHIP OR JURISDICTION, HAWAII COUNTY, HAWAII 1—Continued
Unit name State/local Private Federal Total
Hawaii 29—Cytandra giffardii—b ...... 938 ha ...... 938 ha (2,319 ac) (2,319 ac) Hawaii 30—Cytandra giffardii—c ...... 2,673 ha ...... 1,198 ha ...... 3,872 ha (6,606 ac) (2,961 ac) (9,567 ac) Hawaii 3—Cytandra tintinnabula—a ...... 2,322 ha ...... 2,322 ha (5,738 ac) (5.738 ac) Hawaii 29—Cytandra tintinnabula—b ...... 378 ha ...... 378 ha (934 ac) (934 ac) Hawaii 10—Delissea undulata—a ...... 93 ha ...... 93 ha (227 ac) (227 ac) Hawaii 10—Delissea undulata—b ...... 379 ha ...... 379 ha (938 ac) (938 ac) Hawaii 17—Diellia erecta—a ...... 327 ha ...... 2 ha ...... 329 ha (808 ac) (6 ac) (814 ac) Hawaii 18—Diellia erecta—b ...... 1,615 ha ...... 1,615 ha (3,992 ac) (3,992 ac) Hawaii 17—Flueggea neowawraea—a ...... 324 ha ...... 2 ha ...... 327 ha (801 ac) (6 ac) (807 ac) Hawaii 18—Flueggea neowawraea—b ...... 1,148 ha ...... <1 ha ...... 1,148 ha (2,837 ac) (1 ac) (2,838 ac) Hawaii 18—Gouania vitifolia—a ...... 1,785 ha ...... 1,785 ha (4,412 ac) (4,412 ac) Hawaii 26—Hibiscadelphus giffardianus—a ...... 149 ha ...... 149 ha (367 ac) (367 ac) Hawaii 10—Hibiscadelphus hualalaiensis—a 3,979 ha...... 3,979 ha (9,832 ac) (9,832 ac) Hawaii 10—Hibiscus brackenridgei—a ...... 196 ha ...... 196 ha (485 ac) (485 ac) Hawaii 21—Ischaemum byrone—a ...... 206 ha ...... 206 ha (510 ac) (510 ac) Hawaii 22—Ischaemum byrone—b ...... 159 ha ...... 159 ha (393 ac) (393 ac) Hawaii 4—Isodendrion hosakae—a ...... 49 ha ...... 49 ha (121 ac) (121 ac) Hawaii 4—Isodendrion hosakae—b ...... 35 ha ...... 35 ha (87 ac) (87 ac) Hawaii 4—Isodendrion hosakae—c ...... 49 ha ...... 49 ha (121 ac) (121 ac) Hawaii 4—Isodendrion hosakae—d ...... 49 ha ...... 49 ha (121 ac) (121 ac) Hawaii 4—Isodendrion hosakae—e ...... 11 ha ...... 11 ha (26 ac) (26 ac) Hawaii 4—Isodendrion hosakae—f ...... 51 ha ...... 51 ha (127 ac) (127 ac) Hawaii 19—Mariscus fauriei—a ...... 127 ha ...... 127 ha (313 ac) (313 ac) Hawaii 24—Melicope zahlbruckneri—a ...... 434 ha ...... 434 ha (1,072 ac) (1,072 ac) Hawaii 26—Melicope zahlbruckneri—b ...... 495 ha ...... 495 ha (1,224 ac) (1,224 ac) Hawaii 10—Neraudia ovata—a ...... 1,859 ha ...... 1,859 ha (4,493 ac) (4,493 ac) Hawaii 18—Neraudia ovata—d ...... 1,134 ha ...... 1,134 ha (2,801 ac) (2,801 ac) Hawaii 5—Nothocestrum breviflorum—a ...... 382 ha ...... 21 ha ...... 403 ha (944 ac) (51 ac) (995 ac) Hawaii 6—Nothocestrum breviflorum—b ...... 1,113 ha ...... 1,113 ha (2,749 ac) (2,749 ac) Hawaii 10—Nothocestrum breviflorum—c ..... 3,627 ha ...... 3,627 ha (8,964 ac) (8,964 ac) Hawaii 1—Phyllostegia racemosa—a ...... 938 ha ...... 938 ha (2,317 ac) (2,317 ac) Hawaii 2—Phyllostegia racemosa—b ...... 465 ha ...... 1,218 ha ...... 1,683 ha (1,148 ac) (3,010 ac) (4,158 ac) Hawaii 30—Phyllostegia racemosa—c ...... 267 ha ...... 267 ha (659 ac) (659 ac) Hawaii 24—Phyllostegia velutina—a ...... 2,466 ha ...... 2,466 ha (6,093 ac) (6,093 ac) Hawaii 30—Phyllostegia velutina—b ...... 1,180 ha ...... 1,180 ha (2,916 ac) (2,916 ac)
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TABLE 3.—APPROXIMATE CRITICAL HABITAT DESIGNATED AREA BY UNIT AND LANDOWNERSHIP OR JURISDICTION, HAWAII COUNTY, HAWAII 1—Continued
Unit name State/local Private Federal Total
Hawaii 3—Phyllostegia warshaueri—a ...... 2,248 ha ...... 223 ha ...... 2,471 ha (5,555 ac) (550 ac) (6,105 ac) Hawaii 8—Phyllostegia warshaueri—b ...... 1,177 ha ...... 1,177 ha (2,908 ac) (2,908 ac) Hawaii 24—Plantago hawaiensis—a ...... 1,348 ha ...... 1,348 ha (3,330 ac) (3,330 ac) Hawaii 25—Plantago hawaiensis—b ...... 1,522 ha ...... 1,522 ha (3,761 ac) (3,761 ac) Hawaii 30—Plantago hawaiensis—c ...... 1,219 ha ...... 1,219 ha (3,012 ac) (3,012 ac) Hawaii 7—Pleomele hawaiiensis—a ...... 499 ha ...... 178 ha ...... 677 ha (1,233 ac) (440 ac) (1,673 ac) Hawaii 10—Pleomele hawaiiensis—b ...... 1,339 ha ...... <1 ha ...... 1,339 ha (3,306 ac) (<1 ac) (3,306 ac) Hawaii 18—Pleomele hawaiiensis—c ...... 1,997 ha ...... <1 ha ...... 1,997 ha (4,933 ac) (1 ac) (4,934) Hawaii 23—Pleomele hawaiensis—d ...... 8,943 ha ...... 8,943 ha (22,097 ac) (22,097 ac) Hawaii 27—Portulaca sclerocarpa—a ...... 4,390 ha ...... 4,390 ha (10,848 ac) (10,848 ac) Hawaii 20—Sesbania tomentosa—a ...... 486 ha ...... 486 ha (1,201 ac) (1,201 ac) Hawaii 23—Sesbania tomentosa—b ...... 803 ha ...... 803 ha (1,984 ac) (1,984 ac) Hawaii 30—Sicyos alba—a ...... 2,776 ha ...... 3,490 ha ...... 6,266 ha (6,860 ac) (8,623 ac) (15,483 ac) Hawaii 25—Silene hawaiiensis—a ...... 854 ha ...... 854 ha (2,110 ac) (2,110 ac) Hawaii 27—Silene hawaiiensis—b ...... 1,942 ha ...... 1,942 ha (4,798 ac) (4,798 ac) Hawaii 10—Solanum incompletum—a ...... 704 ha ...... 1 ha ...... 705 ha (1,738 ac) (3 ac) (1,741 ac) Hawaii 11—Solanum incompletum—b ...... 57 ha ...... 57 ha (141 ac) (141 ac) Hawaii 4—Vigna o-wahuensis—a ...... 49 ha ...... 49 ha (121 ac) (121 ac) Hawaii 4—Vigna o-wahuensis—b ...... 35 ha ...... 35 ha (87 ac) (87 ac) Hawaii 4—Vigna o-wahuensis—c ...... 51 ha ...... 51 ha (127 ac) (127 ac) Hawaii 10—Zanthoxylum dipetalum ssp. 1,685 ha ...... 1,685 ha tomentosum—a. (4,164 ac) (4,164 ac) Total * ...... 46,109 ha ...... 6,482 ha ...... 31,600 ha ...... 84,200 ha 1 (114,356 ac) (16,025 ac) (78,085 ac) (208,063 ac) 1 Area differences due to digital mapping discrepancies between TMK data (GDSI 2000) and USGS coastline, or differences due to rounding. * Total take into consideration overlapping individual species units.
TABLE 4.—APPROXIMATE FINAL CRIT- Hawaii have been divided into a total of the conservation of the species because ICAL HABITAT AREA (HA (AC)), ES- 105 units. A brief description of each they support habitat that is necessary for SENTIAL AREA, AND EXCLUDED AREA unit is presented below. the establishment of additional Descriptions of Critical Habitat Units populations in order to reach Area considered essential 118,444 ha established conservation goals. Each of (292,679 ac) Hawaii 9—Achyranthes mutica—a the 10 units provides habitat for 1 Area not included be- 19,239 ha through Hawaii 9—Achyranthes population of 300 mature, reproducing cause of special man- (47,540 ac) mutica—j individuals of A. mutica. The habitat agement or protection We are designating 10 critical habitat features contained in these units that are (Pohakuloa Training essential for this species include, but are Area). units for Achyranthes mutica, a short- Area excluded under 5,860 ha lived perennial. Only unit ‘‘Hawaii 9— not limited to, lowland dry forest, 4(b)(2) (Kamehameha (14,478 ac) Achyranthes mutica—b’’ currently primarily in gulches but also in remnant Schools, Queen supports an extant colony of this stands of forest. Each unit is Liliuokalani Trust, TSA/ species. This unit contains the physical geographically separated from other MID, State). and biological features essential to the critical habitat for this multi-island Final Critical Habitat ...... 109,299 ha conservation of the species. It supports species in order to reduce the likelihood (270,083 ac) an extant colony and includes habitat of all recovery populations on the island that is important for the expansion of being destroyed by one naturally Lands designated as critical habitat the present population. The remaining occurring catastrophic event. Although for the 41 species on the island of nine unoccupied units are essential to this species is historically known from
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Kauai, critical habitat was not to support epiphytic growth of this northwesternmost critical habitat within designated for A. mutica on that island. species, in Metrosideros polymorpha- the species’ historical range. Ten critical habitat units for this species Cibotium glaucum lowland wet forest. Hawaii 24—Argyroxiphium are designated on the island of Hawaii, This unit is essential to the conservation kauense—b: This unit contains the providing habitat for a total of 10 of A. periens because it supports an upper portions of Hionamoa, Kauhuula, populations. extant colony of this species and Moaula, Pikea, and Waihaka gulches, Hawaii 9—Achyranthes mutica—a: includes habitat that is important for the Makaka Ravine, Puu Kinikini summit, This unit contains a portion of expansion of the present population. and Maunaanu Waterhole. The southern Waipahoehoe Gulch in the Kawaihae This unit is geographically separated portion lies in the Hilea watershed, the watershed. from other critical habitat for this multi- northern portion in Kapapala Hawaii 9—Achyranthes mutica—b: island species in order to reduce the watershed, and the central portion in This unit contains a portion of likelihood of all recovery populations the Pahala watershed. The northeast Keauewai Stream and Kilohana Gulch being destroyed by one naturally portion is in the Kapapala Forest in the Kawaihae watershed, and is occurring catastrophic event. In Reserve. This unit provides habitat for currently occupied by 25 to 50 addition to this unit, critical habitat was four populations of 2,000 individuals individuals. designated for four populations A. and is currently occupied by about Hawaii 9—Achyranthes mutica—c: periens within its historical range on 1,130 individuals of A. kauense in three This unit contains a portion of an Kauai (68 FR 9116, February 27, 2003), locations. This unit provides the unnamed gulch adjacent to Puu Loa in for one population on Oahu (68 FR southernmost critical habitat within the the Kawaihae watershed. 35949, June 17, 2003), and four species’ historical range. Hawaii 9—Achyranthes mutica—d: populations on Molokai (68 FR 12982, Hawaii 25—Argyroxiphium This unit contains a portion of an March 19, 2003). kauense—c: This unit contains a portion unnamed gulch between Hawaii 9— of Kipuka Kulalio and Kipuka Maunaiu Achyranthes mutica—c and Lauhine Hawaii 10—Argyroxiphium kauense—a in the Kapapala watershed. This unit Gulch in the Kawaihae watershed. through Hawaii 30—Argyroxiphium provides habitat for one population of Hawaii 9—Achyranthes mutica—e: kauense—d 2,000 individuals and currently is occupied by about 1,000 outplanted This unit contains a portion of Lauhine We are designating four critical individuals of A. kauense. Gulch and a gulch just east of Lauhine habitat units for Argyroxiphium Hawaii 30—Argyroxiphium Gulch and west of Puu Kawaiwai in the kauense, a long-lived perennial. Of the Kawaihae watershed. kauense—d: This unit contains portions four units, only ‘‘Hawaii 10— of the lava flows of 1852 and 1942 and Hawaii 9—Achyranthes mutica—f: Argyroxiphium kauense—a’’ is This unit contains a portion of Umipoho lies mostly in the Wailoa watershed, currently unoccupied by the species. with the southern tip in the Kaahakini Gulch in the Kawaihae watershed. The habitat features contained in these Hawaii 9—Achyranthes mutica—g: watershed. The upper area of the unit four units that are essential for this This unit contains a portion of Pauahi lies in portions of Upper Waiakea Forest species include, but are not limited to, Gulch, straddling the Kawaihae and the Reserve and Mauna Loa Forest Reserve. subalpine forests, bogs, and mountain Waikoloa/Waiulaula watersheds. The southern portion is part of the Olaa- Hawaii 9—Achyranthes mutica—h: parkland. The three occupied units Kilauea Partnership. This unit provides This unit contains a portion of contain the habitat features essential to habitat for two populations of 2,000 Momoualoa Gulch in the Waikoloa/ the conservation of A. kauense and each individuals of A. kauense and is Waiulaula watershed. supports at least one extant colony of currently occupied by fewer than 500 Hawaii 9—Achyranthes mutica—i: the species and includes habitat that is individuals. This unit provides the This unit contains a portion of an important for the expansion of present easternmost critical habitat within the unnamed gulch between Puu Kamoa populations, which are currently species’ historical range. and Puu Lanikepu in the Waikoloa/ considered nonviable. The unoccupied Hawaii 24—Asplenium fragile var. Waiulaula watershed. unit is essential to the conservation of insulare—a Hawaii 9—Achyranthes mutica—j: the species because it supports habitat This unit contains a portion of Waiaka that is necessary for the establishment of We are designating one critical habitat Gulch in the Waikoloa/Waiulaula additional populations in order to reach unit for Asplenium fragile var. insulare, watershed. This unit provides the recovery goals. Each unit is a short-lived perennial, The unit easternmost critical habitat within the geographically separated from other contains no named natural features and species’ historical range. critical habitat for this island-endemic lies in the Pahala watershed, mostly in species in order to reduce the likelihood Kapapala Forest Reserve, with the Hawaii 28—Adenophorus periens—a of all recovery populations on the island southern point in Kau Forest Reserve. We are designating one critical habitat being destroyed by one naturally This unit provides habitat for 1 unit for Adenophorus periens, short- occurring catastrophic event. The four population of 300 mature, reproducing lived perennial. This unit straddles the units being designated in this rule for A. individuals of A. fragile var. insulare Kaahakini and Kilauea watersheds, and kauense provide habitat to support a and is currently occupied by 11 lies completely within the Kahaulea total of eight populations. individuals. It contains habitat features NAR. The unit provides habitat for 1 Hawaii 10—Argyroxiphium essential for this species including, but population of 300 mature, reproducing kauense—a: This unit, which contains not limited to, Metrosideros polymorpha individuals of A. periens, and is no named natural features, lies in the dry montane forest, Dodonaea viscosa currently occupied by an unknown Kiholo watershed and is completely dry montane shrubland, Myoporum number of individuals. It contains within the Puuwaawaa Wildlife sandwicense-Sophora chrysophylla dry habitat features essential for the Sanctuary. This unoccupied unit, in montane forest, and Metrosideros conservation of the species including, combination with adjacent polymorpha-Acacia koa forest, as well but not limited to, Metrosideros Kamehameha Schools land, provides as subalpine dry forest and shrubland. polymorpha or Ilex anomala, or habitat for one population of 2,000 This species grows almost exclusively possibly other native trees large enough individuals. This unit provides the in large, moist lava tubes (from 3 to 4.5
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m (10 to 15 ft) in diameter), pits, deep from designation as critical habitat on considered nonviable. Each unit is cracks, and lava tree molds, with at least Lanai (68 FR 1220, January 9, 2003). geographically separated from other a moderate soil or ash accumulation, critical habitat for this multi-island Hawaii 8—Clermontia associated with mosses and liverworts. species in order to reduce the likelihood drepanomorpha—a This unit is essential to the conservation of all recovery populations on this and of A. fragile var. insulare because it We are designating one critical habitat other islands being destroyed by one supports an extant colony of this species unit for Clermontia drepanomorpha, a naturally occurring catastrophic event. and includes habitat that is important short-lived perennial. This unit contains We previously designated critical for the expansion of the present part of the Kohala Mountains, Opaeloa habitat to support two populations of C. population, which is currently summit, Puu O Umi, and Puu lindseyana within its historical range on considered nonviable. This unit Pohoulaula. The western portion of the Maui (67 FR 25934, May 14, 2003). In provides the southernmost critical unit is in the Honokane Nui watershed, this rule, we are designating habitat for habitat within the species’ historical the eastern portion is in the Wailoa/ a total of eight populations, each with range. This unit is geographically Waipio watershed, and the southern 300 mature, reproducing individuals of separated from other critical habitat for portion in the Waikoloa/Waiulaula C. lindseyana. this multi-island species in order to watershed. The northern portion Hawaii 1—Clermontia lindseyana—a: reduce the likelihood of all recovery contains the upper reaches of the This unit contains the upper portions of populations being destroyed by one Honopue, Nakooko, Ohiahuea, the Awehi, Hakalau, Honolili, and naturally occurring catastrophic event. Waikaloa, and Waimanu watersheds. Kapue streams, and is in the Honolii, Habitat for another 7 populations is in The unit lies completely within the Kapue, Kolekole, and Wailuku the PTA on this island that we are Kohala Forest Reserve. This unit watersheds. The unit, which lies excluding from designation (see provides habitat for 6 populations of completely within the Hakalau Unit of ‘‘Analysis of Impacts Under 4(b)(2)’’). 300 mature, reproducing individuals of Hakalau Forest NWR; and provides We previously designated critical C. drepanomorpha; and is currently habitat for 2 populations of 300 habitat for this species within its occupied by about 200 individuals. It individuals of C. lindseyana; and is historical range for two populations on contains habitat features that are currently occupied by about 8 Maui (68 FR 25934, May 14. 2003). essential for this species including, but individuals. This unit provides the not limited to, montane wet forests easternmost critical habitat within the Hawaii 10—Bonamia menziesii—a dominated by Metrosideros species’ historical range. We are designating one critical habitat polymorpha, Cheirodendron trigynum, Hawaii 2—Clermontia lindseyana—b: unit for B. menziesii, a short-lived and Cibotium glaucum. This unit is This unit contains a portion of Nauhi perennial. This unit contains no named essential to the conservation of C. Gulch, and the northern portion is in natural features and lies completely drepanomorpha because it supports an the Haakoa watershed, the southern within the Kiholo watershed just above extant colony of this species and portion in Umauma watershed, and the the highway. This unit, in combination includes habitat that is important for the central portion in Waikaumalo with Kamehameha Schools land expansion of the present population, watershed. The northern and southern adjacent to the unit, provides habitat for which is currently considered portions of this unit lie partly in the 1 population of 300 mature, reproducing nonviable. Although we do not believe Hakalau Forest NWR, and the central individuals of B. menziesii and is enough habitat currently exists to reach portion lies in the Hilo Forest Reserve. currently unoccupied (although the the recovery goal of 8 to 10 populations The unit provides habitat for 2 adjacent, excluded Kamehameha for this island-endemic species, this populations of 300 individuals of C. Schools land is occupied by 6 to 8 unit is of an appropriate size such that lindseyana and is currently occupied by individuals) (see ‘‘Analysis of Impacts each of the 6 potential recovery 5 individuals. Under 4(b)(2)’’). This unit is essential to populations within the unit is Hawaii 30—Clermontia lindseyana— the conservation of B. menziesii because geographically separated to a sufficient c: This unit, which contains no named it is adjacent to excluded land that extent to be likely to avoid destruction natural features, lies just northeast of supports an extant colony of this species of all of the populations by one Puu Kipu. The northern portion of this and includes habitat that is important naturally occurring catastrophic event. unit lies in the Wailoa watershed and for the expansion of that population. the southern portion is in the Kaahakini Hawaii 1—Clermontia lindseyana—a The habitat features contained in this watershed. This unit is mostly within through Hawaii 30—Clermontia unit that are essential for this species Olaa-Kilauea Partnership lands with a lindseyana—c include, but are not limited to, dry small portion of the northeast section forest. It unit provides the We are designating three units of lying in the upper Waiakea Forest southeasternmost critical habitat within critical habitat for Clermontia Reserve. The unit provides habitat for 4 the species’ historical range and is lindseyana, a short-lived perennial. All populations of 300 individuals of C. geographically separated from other three units currently are occupied. They lindseyana and is currently occupied by critical habitat for this multi-island contain habitat features that are 9 individuals. This unit provides the species in order to reduce the likelihood essential for this species including, but southernmost critical habitat within the of all recovery populations being not limited to, slightly open forest cover species’ historical range. destroyed by one naturally occurring in wet and mesic Metrosideros catastrophic event. We previously polymorpha-Acacia koa forest, M. Hawaii 1—Clermontia peleana—a designated critical habitat for two polymorpha forest, and mixed montane through Hawaii 29—Clermontia populations of B. menziesii within its mesic M. polymorpha-Acacia koa forest. peleana—c historical range on Kauai (68 FR 9116, Each unit is essential to the We are designating three units of February 27, 2003), for four populations conservation of C. lindseyana because it critical habitat for Clermontia peleana, on Oahu (68 FR 35949, June 17, 2003), supports an extant colony of this species a short-lived perennial. One unit, and for one population on Maui (68 FR and includes habitat that is important ‘‘Hawaii 1—Clermontia peleana—a,’’ 25934, May 14, 2003). Habitat for one for the expansion of the present that currently is unoccupied is essential population is in the lands we excluded population, which is currently to the conservation of the species
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because it supports habitat that is contains about half of the Waiakea 1942 species include, but not limited to, necessary for the establishment of Lava Flow NAR, the main part of the montane wet Metrosideros-Cibotium additional populations in order to reach unit lying, in the south, in the Upper forest. This unit is essential to the recovery goals. Each of the two Waiakea Forest Reserve and in the north conservation of C. pyrularia because it occupied units is essential to the in the Hilo Forest Reserve. This unit supports an extant colony of this species conservation of C. peleana because each provides habitat for 4 populations of and includes habitat that is important supports an extant colony of this species 300 individuals of C. lindseyana and is for the expansion of the present and includes habitat that is important currently occupied by 3 individuals. population, which is currently for the expansion of the present Hawaii 1—Clermontia pyrularia—a and considered nonviable. population, which is currently Hawaii 2—Clermontia pyrularia—b considered nonviable. They contain Hawaii 10—Colubrina oppositifolia—a habitat features that are essential for this We are designating two units of and Hawaii 18—Colubrina species including, but not limited to, critical habitat for Clermontia pyrularia, oppositifolia—b montane wet Metrosideros-Cibotium a short-lived perennial. One of the units, forest. Each unit is geographically ‘‘Hawaii 2—Clermontia pyrularia—b,’’ We are designating two units of separated from other critical habitat for is currently occupied. The two units critical habitat for Colubrina this multi-island species in order to provide habitat for combined total of six oppositifolia, a long-lived perennial. reduce the likelihood of all recovery populations, each with 300 mature, Each unit is currently occupied, and populations on the island being reproducing individuals. The units are each provides habitat to support two destroyed by one naturally occurring geographically separated. Although we populations with 100 mature, catastrophic event. C. peleana is do not believe enough habitat currently reproducing individuals of C. historically known from Maui, but no exists to reach the recovery goal of 8 to oppositifolia. They contain habitat critical habitat was designated for it on 10 populations for this island-endemic features that are essential for this that island (68 FR 25934, May 14, 2003). species, the two units are of an species include, but not limited to, The critical habitat we are designating appropriate size so that each potential lowland dry and mesic forests in this rule provides for a total of 10 recovery population within the unit is dominated by Diospyros sandwicensis populations, each with 300 mature, geographically separated enough to be or Metrosideros polymorpha. Each units reproducing individuals. likely to avoid both units being is essential to the conservation of C. Hawaii 1—Clermontia peleana—a: destroyed by one naturally occurring oppositifolia because it supports an This unit contains a portion of catastrophic event. extant colony of this species and Honohina and Nauhi gulches, and Hawaii 1—Clermontia pyrularia—a: includes habitat that is important for the Hakalau, Kapue, and Kolekole streams. This unit contains Kaloaloa summit and expansion of the present population (the portions of Hakalau, Honolii, and Kapue The unit is bordered on the north by the present population within ‘‘Hawaii 18— streams. It is bordered in the north by Nanue watershed and on the south by Colubrina oppositifolia—b’’ is currently Kolekole watershed and in the south by the Honolii and Pahoehoe watersheds. It considered nonviable). The units are also contains portions of the Kapue, Wailuku watershed, and it contains portions of the Kapue and Honolii geographically separated from other Kolekole, and Umauma watersheds. critical habitat for this multi-island This unit lies mostly within Hakalau watersheds. The unit lies completely species in order to reduce the likelihood Forest NWR and is intersected by a within Hakalau Forest NWR; provides of all recovery populations being small section of the Hilo Forest Reserve. habitat for 3 populations of 300 destroyed by one naturally occurring This unit provides habitat for 3 individuals; and is currently populations of 300 individuals of C. unoccupied. This unit is essential to the catastrophic event. We have designated peleana and is currently unoccupied. conservation of the species because it critical habitat for for three populations Hawaii 3—Clermontia peleana—b: supports habitat that is necessary for the of C. oppositifolia within its historical This unit contains a portion of establishment of additional populations range on Oahu (68 FR 35949, June 17, Kaiwilalilahi, Haakoa, and Waikaumalo in order to reach recovery goals. It 2003) and for three populations on Maui streams and is bordered on the contains habitat features that are (67 FR 25934, May 14, 2003), and in this northwest by the Kaawalii and essential for this species including, but rule the units we are designating Laupahoehoe watersheds, in the south not limited to, wet and mesic montane provide habitat for a total of four by the Waikaumalo watershed, and forest dominated by Acacia koa or populations on the island of Hawaii. contains portions of the Haakoa, Metrosideros polymorpha, and Hawaii 10—Colubrina oppositifolia— Kaiwilahilahi, Kilau, Manowaiopae, subalpine dry forest dominated by a: This unit contains no named natural Maulua, Ninole, Pahale, and Metrosideros polymorpha. features and lies completely within the Pohakupuka watersheds. This unit lies Hawaii 2—Clermontia pyrularia—b: Kiholo watershed. It is currently partly, in the northwest portion, in the This unit contains a portion of Nauhi occupied by several hundred Gulch and is bordered in the north by Hilo Forest Reserve; in the central individuals of C. oppositifolia. portion in Laupahoehoe NAR; and in Kaawalii watershed; and in the south by the southern portion in the Hakalau Umauma watershed. It also contains Hawaii 18—Colubrina oppositifolia— Forest NWR. The unit provides habitat portions of Haakoa, Kaiwilahilahi, and b: This unit contains no named natural for 3 populations of 300 individuals of Waikaumalo watersheds. The unit lies features and lies almost completely C. peleana and is currently occupied by partly in the Hilo Forest Reserve in the within the Kauna watershed, with a 1 individual. north and south-central portion of the small portion lying in the Kiilae Hawaii 29—Clermontia peleana—c: unit and in Hakalau Forest NWR in the watershed on the southwestern side of This unit contains a portion of south and north-central portion of the the unit. This unit is currently occupied Waipahoehoe Gulch and a portion of the unit. This unit provides habitat for 3 by 10 to 50 individuals, and is currently lava flows of 1881 and 1852, and the populations of 300 individuals of C. considered nonviable. This unit northern portion is in the Wailuku pyrularia and is currently occupied by provides the southernmost critical watershed, while the southern portion 4 individuals. It contains habitat habitat within the species’ historical in the Wailoa watershed. The unit features that are essential for this range.
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Hawaii 11—Cyanea hamatiflora ssp. named natural features, it lies units is essential to the conservation of carlsonii—a through Hawaii 16— completely within the Kiilae watershed, C. shipmanii because it supports an Cyanea hamatiflora ssp. carlsonii—d and is completely within Kipahoehoe extant colony of this species and We are designating four units of NAR. The unit provides habitat for 1 includes habitat that is important for the critical habitat for Cyanea hamatiflora population of 300 individuals is expansion of the present population, ssp. carlsonii, a short-lived perennial. currently occupied by 1 individual. This which is currently considered They contain habitat features that are unit provides the southernmost critical nonviable. The unoccupied unit, essential for this species including, but habitat within the species’ historical ‘‘Hawaii 30—Cyanea shipmanii—c,’’ is not limited to, mesic montane forest range. essential to the conservation of the species because it supports habitat that dominated by Metrosideros polymorpha Hawaii 3—Cyanea platyphylla—a and is necessary for the establishment of or Acacia koa. Two of the units, Hawaii 29—Cyanea platyphylla—b additional populations in order to reach ‘‘Hawaii 11—Cyanea hamatiflora ssp. We are designating two critical habitat recovery goals. They contain habitat carlsonii—a’’ and ‘‘Hawaii 16—Cyanea units for Cyanea platyphylla, a short- features that are essential for this hamatiflora ssp. carlsonii—d’’ currently lived perennial. Both units are currently species including, but not limited to, are occupied. These two units are each occupied. They contain habitat features mesic forest dominated by Acacia koa- essential to the conservation of C. that are essential for this species Metrosideros polymorpha. Although we hamatiflora ssp. carlsonii because each including, but not limited to, open do not believe enough habitat currently supports an extant colony of this species Metrosideros polymorpha-Acacia koa exists to reach the recovery goal of 8 to and includes habitat that is important lowland and montane wet forests. Each 10 populations for this island-endemic for the expansion of the present unit is essential to the conservation of species, the three units are population, which is currently C. platyphylla because it supports an geographically separated to reduce the considered nonviable. Each of the two extant colony of this island-endemic likelihood of their destruction by one currently unoccupied units is essential species and includes habitat that is naturally occurring catastrophic event. to the conservation of the species important for the expansion of the Within the three units, habitat is because each supports habitat that is present population, which is currently provided for a total of seven necessary for the establishment of considered nonviable. This units are populations, each with 300 mature, additional populations in order to reach geographically separated to avoid their reproducing individuals of C. recovery goals. The four critical habitat destruction by one naturally occurring shipmanii. units are geographically separated in catastrophic event. This rule designates Hawaii 1—Cyanea shipmanii—a: This order to avoid destruction of habitat for critical habitat for a total of nine unit contains Puu Akala and portions of all populations by one naturally populations of this species, each with Awehi, Honoliii, and Kapue streams. It occurring catastrophic event. The 300 mature, reproducing individuals. is bordered by Kolekole watershed in designation of these four units provides Hawaii 3—Cyanea platyphylla—a: the north and Wailuku in the south, habitat for a total of eight populations of This unit contains a portion of Haakoa, with Honolii and Kapue watersheds in C. hamatiflora ssp. carlsonii, each with Kaiwilahilahi, and Kilau streams and is the central portion. The unit is 300 mature, reproducing individuals. bordered in the northwest by completely within Hakalau Forest NWR; Hawaii 11—Cyanea hamatiflora ssp. Laupahoehoe watershed and in the provides habitat for 3 populations of carlsonii—a: This unit contains no southeast by Maulua watershed. It also 300 individuals of C. shipmanii; and is named natural features and lies contains portions of Haakoa, currently occupied by 1 individual. completely within the Waiaha Kaiwilahilahi, Kilau, Manowaiopae, and Hawaii 30—Cyanea shipmanii—b: watershed. The unit, which is Pahale watersheds. The unit lies almost This unit contains no named natural completely within the Honuaula Forest completely within Laupahoehoe NAR features, lies completely within the Reserve, provides habitat for 1 with a small portion in the northwest in Wailoa watershed, and is completely population of 300 individuals and is the Hilo Forest Reserve. This unit within the Mauna Loa Forest Reserve. currently occupied by about 14 provides habitat for three populations of The unit provides habitat for 1 individuals. This unit provides the 300 individuals of C. platyphylla and is population of 300 individuals of C. northernmost critical habitat within the currently occupied by 57 individuals. shipmanii; and is currently occupied by species’ historical range. Hawaii 29—Cyanea platyphylla—b: 1 individual. Hawaii 14—Cyanea hamatiflora ssp. This unit contains Waterhole Spring, a Hawaii 30—Cyanea shipmanii—c: carlsonii—b: This unit contains no portion of the Wailuku River, and a This unit, which contains no named named natural features and lies branch of the Kalohewahewa Stream. It natural features, lies almost completely completely within the Kiilae watershed. lies completely within the Wailuku within the Wailoa watershed with a The unit, which is completely within watershed. The unit also lies almost small segment of the southern portion the Kona Unit of Hakalau Forest NWR, completely within the Hilo Forest lying in the Kaahakini watershed. The provides habitat for 2 populations of Reserve. This unit provides habitat for unit is completely within the Olaa- 300 individuals and is currently 6 populations of 300 individuals of C. Kilauea Partnership. This unit provides unoccupied. platyphylla; and is currently occupied habitat for 3 populations of 300 Hawaii 15—Cyanea hamatiflora ssp. by 1 individual. individuals of C. shipmanii; and is carlsonii—c: This unit contains no currently unoccupied. named natural features, lies completely Hawaii 1—Cyanea shipmanii—a within the Kiilae watershed, and through Hawaii 30—Cyanea Hawaii 15—Cyanea stictophylla—a contains portions of the South Kona shipmanii—c through Hawaii 30—Cyanea Forest Reserve. The unit provides We are designating three critical stictophylla—d habitat for 4 populations of 300 habitat units for Cyanea shipmanii, a We are designating four units of individuals and is currently short-lived perennial. Two of the units, critical habitat for Cyanea stictophylla, unoccupied. ‘‘Hawaii 1—Cyanea shipmanii—a’’ and a short-lived perennial. Two of the Hawaii 16—Cyanea hamatiflora ssp. ‘‘Hawaii 30—Cyanea shipmanii—b,’’ are units, ‘‘Hawaii 15—Cyanea carlsonii—d: This unit contains no currently occupied. Each of these two stictophylla—a’’ and ‘‘Hawaii 16—
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Cyanea stictophylla—b’’ currently are Hawaii 3—Cyrtandra giffardii—a This unit is essential to the conservation occupied by individuals of this species. through Hawaii 30—Cyrtandra of C. giffardii because it supports an These two units are each essential to the giffardii—c extant colony of this species and conservation of C. stictophylla because We are designating three critical includes habitat that is important for the each supports an extant colony of this habitat units for Cyrtandra giffardii, a expansion of the present population, species and includes habitat that is short-lived perennial. Two of the units, which is currently considered important for the expansion of the ‘‘Hawaii 3—Cyrtandra giffardii—a’’ and nonviable. present population, which is currently ‘‘Hawaii 30—Cyrtandra giffardii—c,’’ Hawaii 3—Cyrtandra tintinnabula—a considered nonviable. Each of the two currently are occupied by this species. unoccupied units are essential to the and Hawaii 29—Cyrtandra They contain habitat features that are tintinnabula—b conservation of the species because each essential for this species including, but supports habitat that is necessary for the not limited to, wet montane forest We are designating two critical habitat establishment of additional populations dominated by Cibotium sp. or units for Cyrtandra tintinnabula, a in order to reach recovery goals. The Metrosideros polymorpha and M. short-lived perennial. One of the units, four units contain habitat features that polymorpha-Acacia koa lowland wet ‘‘Hawaii 3—Cyrtandra tintinnabula—a,’’ are essential for this species including, forests. Each unit is geographically currently is occupied by individuals of but not limited to, Acacia koa or wet separated from other units on this island this species. They contain habitat Metrosideros polymorpha forests. Each to avoid their destruction by one features that are essential for this unit is geographically separated from naturally occurring catastrophic event. species including, but not limited to, others on this island to reduce the Within the 3 units we are designating lowland wet forest dominated by dense likelihood of the destruction of all the for Cyrtandra giffardii in this rule, Acacia koa, Metrosideros polymorpha, units by one naturally occurring habitat is provided for a total of 10 and Cibotium spp. The units are catastrophic event. Within the 4 units populations, each with 300 mature, geographically separated to avoid their we are designating for C. stictophylla in reproducing individuals. destruction by one naturally occurring Hawaii 3—Cyrtandra giffardii—a: this rule, habitat is provided for a total catastrophic event. Within the two This unit contains a portion of Haakoa, of 10 populations, each with 300 units, habitat is provided for a total of Kawilahilahi, and Kilau streams and is mature, reproducing individuals. nine populations, each with 300 mature, bordered in the northwest by Hawaii 15—Cyanea stictophylla—a: reproducing individuals of C. Laupahoehoe watershed with a small This unit contains no named natural overlap into Kaawali watershed, in the tintinnabula. features and lies completely within the southeast by Haakoa and Pahala Hawaii 3—Cyrtandra tintinnabula—a: Kiilae watershed. The unit is almost watersheds, and with the Kaiwilahilahi, This unit contains a portion of Haakoa, completely within the South Kona Kilau, and Manowaiopae watersheds in Kilau, and Kawilahilahi streams and is Forest Reserve. This unit provides the central portion. The unit is almost bordered on the northwest by Kaawali habitat for 1 population of 300 completely within Laupahohoe NAR and Laupahoehoe watersheds, and on individuals of C. stictophylla and is with a small overlap into the Hilo Forest the southeast by Maulua and Pahala currently occupied by 1 individual. Reserve. This unit provides habitat for watersheds. It also contains portions of Hawaii 16—Cyanea stictophylla—b: 3 populations of 300 individuals of C. the Haakoa, Kaiwilahilahi, Kilau and This contains no named natural features giffardii and is currently occupied by Manowaiopae watersheds in the central and lies completely within the Kiilae more than 245 individuals. This unit is portion. The unit is almost completely watershed. The unit also lies completely essential to the conservation of this within Laupahohoe NAR with a very within Kipahoehoe NAR. This unit species because it supports an extant small overlap into the Hilo Forest provides habitat for 1 population of 300 colony of this species and includes Reserve. This unit provides habitat for individuals of C. stictophylla and is habitat that is important for the 7 populations, each with 300 currently occupied by 1 individual. This expansion of the present population. individuals of C. tintinnabula, and the unit provides the southernmost critical Hawaii 29—Cyrtandra giffardii—b: unit is currently occupied by 18 habitat within the species’ historical This unit contains portions of two forks individuals. This unit is essential to the range. of the Wailuku River and two forks of conservation of C. tintinnabula because Kalohewahewa Stream and lies Hawaii 24—Cyanea stictophylla—c: it supports an extant colony of this completely within the Wailuku This unit is just north of, but does not species and includes habitat that is watershed. The unit also is completely include, Uwewale Gulch, it lies important for the expansion of the within the Hilo Forest Reserve; provides completely within the Pahala present population, which is currently habitat for 2 populations of 300 watershed, and also lies completely considered nonviable. individuals of C. giffardii; and is within Kau Forest Reserve; provides currently unoccupied. This unit is Hawaii 29—Cyrtandra tintinnabula— habitat for 2 populations of 300 essential to the conservation of the b: This unit contains portions of two individuals of C. stictophylla; and is species because it supports habitat that forks of the Wailuku River, it lies currently unoccupied. is necessary for the establishment of completely within the Wailuku Hawaii 30—Cyanea stictophylla—d: additional populations in order to reach watershed, and also lies completely This unit straddles the Kulani summit recovery goals. within the Hilo Forest Reserve; provides but otherwise has no named natural Hawaii 30—Cyrtandra giffardii—c: habitat for 2 populations of 300 features, and it lies completely within This unit contains Puu Makaala and lies individuals of C. tintinnabula; and is the Kaahakini watershed. The unit also completely within the Kaahakini currently unoccupied. This unit is is completely within the Olaa-Kilauea watershed. It also lies completely within essential to the conservation of the Partnership lands; provides habitat for 6 the Olaa-Kilauea Partnership lands. This species because it supports habitat that populations of 300 individuals of C. unit provides habitat for 5 populations is necessary for the establishment of stictophylla; and is currently of 300 individuals of C. giffardii and is additional populations in order to reach unoccupied. currently occupied by one individual. recovery goals.
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Hawaii 10—Delissea undulata—a and conservation of D. erecta because it Kauai (68 FR 9116), for one poulation Hawaii 10—Delissea undulata—b supports an extant colony of this species on Molokai (67 FR 16492), and for one We are designating two critical habitat and includes habitat that is important population on Maui (68 FR 25934, May units for Delissea undulata, a short- for the expansion of the present 14, 2003). There is habitat for one lived perennial. They contain habitat population, which is currently additional population on lands features that are essential for this considered nonviable. The units are excluded from critical habitat on Oahu species including, but not limited to, geographically separated from other (68 FR 35949, June 17, 2003). The two dry cinder cones and open Sophora critical habitat for this multi-island units we are designating for F. species in order to reduce the likelihood neowawraea in this rule provide habitat chrysophylla and Metrosideros of all recovery populations being for a total of 2 populations, each with polymorpha forest. The units are destroyed by one naturally occurring 100 mature, reproducing individuals. geographically separated from other catastrophic event. We designated Hawaii 17—Flueggea neowawraea—a: critical habitat for this multi-island critical habitat for one population each This unit contains no named natural species in order to reduce the likelihood on Kauai (68 FR 9116, February 27, features, it lies completely within the of all recovery populations being 2003), Oahu (68 FR 35949, June 17, Kiilae watershed, and is completely destroyed by one naturally occurring 2003), and Molokai (67 FR 16492, within the South Kona Forest Reserve. catastrophic event. We previously March 19, 2003), and four populations The unit provides habitat for 1 designated critical habitat for three on Maui (68 FR 25934, May 14, 2003). population of 100 individuals of F. populations on Kauai (68 FR 9116). The The two critical habitat units we are neowawraea, and is currently occupied units we are designating in this rule designating for D. erecta in this rule by 10 individuals. provide habitat for two populations on provide babitat for a total of two Hawaii 18—Flueggea neowawraea—b: Hawaii, each with 300 mature, populations, each with 300 mature, This unit contains no named natural reproducing individuals of D. undulata. reproducing individuals. features and lies completely within the In addition, Kamehameha Schools land Hawaii 17—Diellia erecta—a: This Kauna watershed. The unit also lies excluded from designation in this rule unit contains no named natural features, almost completely within Manuka NAR provides habitat for another three it lies completely within the Kiilae except for one State-owned inholding populations of D. undulata (see watershed, and is also completely that is nonmanaged land within the ‘‘Analysis of Impacts Under 4(b)(2)’’). within the South Kona Forest Reserve; conservation district. This unit provides Hawaii 10—Delissea undulata—a: provides habitat for one population of habitat for 1 population of 100 This unit lies on the northwest slopes of 300 individuals of D. erecta; and is individuals of F. neowawraea and is Puuwaawaa and is completely within currently occupied by 22 individuals. currently occupied by 5 to 11 the Kiholo watershed. The unit provides Hawaii 18—Diellia erecta—b: This individuals. This unit provides the habitat for 1 population of 300 unit contains no named natural features, southernmost critical habitat within the individuals of D. undulata and is it lies completely within the Kauna species’ historical range. currently unoccupied. This unit is watershed, and is also completely Hawaii 18—Gouania vitifolia—a essential to the conservation of the within the Manuka NAR; provides species because it supports habitat that habitat for 1 population of 300 We are designating one critical habitat is necessary for the establishment of individuals of D. erecta; and is currently unit for Gouania vitifolia, a short-lived additional populations in order to reach occupied by 2 individuals. This unit perennial. This unit contains no named recovery goals. provides the southernmost critical natural features, it lies completely Hawaii 10—Delissea undulata—b: habitat within the species’ historical within the Kauna watershed, and is This unit lies on the northwest slopes of range. completely within Manuka NAR; Puuwaawaa between the Poohohoo provides habitat for 2 populations of summit and Potato Hill and is Hawaii 17—Flueggea neowawraea—a 300 mature, reproducing individuals of completely within the Kiholo and Hawaii 18—Flueggea G. vitifolia; and is currently occupied by watershed. The southern portion of this neowawraea—b 4 individuals. It contains habitat unit lies in Puuwaawaa Wildlife We are designating two critical habitat features that are essential for this Sanctuary. The unit provides habitat for units for Flueggea neowawraea, a long- species including, but not limited to, 1 population of 300 individuals of D. lived perennial. Both units are occupied dry, rocky ridges and slopes in dry undulata and is currently occupied by by individuals of this species. They shrubland or dry to mesic Nestegis- one individual. This unit is essential to contain habitat features that are Metrosideros forests on old substrate the conservation of D. undulata because essential for this species including, but kipuka. This unit is essential to the it supports an extant colony of this not limited to, mesic Metrosideros conservation of G. vitifolia because it species and includes habitat that is polymorpha forest. Each unit is supports an extant colony of this species important for the expansion of the essential to the conservation of F. and includes habitat that is important present population, which is currently neowawraea because it supports an for the expansion of the present considered nonviable. extant colony of this species and population, which is currently includes habitat that is important for the considered nonviable. This unit Hawaii 17—Diellia erecta—a and expansion of the present population, provides the southeasternmost critical Hawaii 18—Diellia erecta—b which is currently considered habitat within the species’ historical We are designating two critical habitat nonviable. The units are geographically range. This unit is geographically units for Diellia erecta, a short-lived separated from other critical habitat for separated from other critical habitat for perennial. Both units currently are this multi-island species within its this multi-island species within its occupied. They contain habitat features historical range in order to reduce the historical range in order to reduce the that are essential for this species likelihood of all recovery populations likelihood of all recovery populations including, but not limited to, being destroyed by one naturally being destroyed by one naturally Metrosideros polymorpha-Nestegis occurring catastrophic event. We occurring catastrophic event. We sandwicensis lowland mesic forest. previously designated critical habitat for previously designated critical habitat for Each unit is essential to the four populations of this species on seven populations of this species on
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Oahu (68 FR 35949, June 17, 2003) and habitat has designated previously for Hawaii 21—Ischaemum byrone—a: for one population on Maui (68 FR this species. It has a limited known This unit lies along the coast from just 25934, May 14, 2003). historical range, and there is little east of Keauhou Point, running west. information available about this species. The unit is bordered by the Kapapala Hawaii 26—Hibiscadelphus watershed in the east and the Kilauea giffardianus—a Hawaii 10—Hibiscus brackenridgei—a watershed in the west and lies We are designating one critical habitat We are designating one critical habitat completely within the HVNP. This unit unit for Hibiscadelphus giffardianus, a unit for Hibiscus brackenridgei, a short- provides habitat for 2 populations of long-lived perennial. The unit contains lived perennial. This unit contains Puu 300 individuals of I. byrone and is portions of Kipuka Puaulu and Kipuka Huluhulu and lies completely within currently unoccupied. This unit is Ki, and also lies completely within the the Kiholo watershed. The unit provides essential to the conservation of the Kapapala watershed, and is completely habitat for 1 population of 300 mature, species because it supports habitat that within HVNP; provides habitat for 1 reproducing individuals of H. is necessary for the establishment of population of 100 mature, reproducing brackenridgei and is currently occupied additional populations in order to reach individuals of the H. giffardianus; and by 5 individuals. It contains habitat recovery goals. This unit provides the is currently occupied by 100 features that are essential for this southernmost critical habitat within the individuals. It contains habitat features species including, but not limited to, species’ historical range. that are essential for this species Acacia koa lowland mesic forest. This Hawaii 22—Ischaemum byrone—b: including, but not limited to, mixed unit is essential to the conservation of This unit lies along the coast from just montane mesic forest. This unit is H. brackenridgei because it supports an east of Ka Lae Apuki to just east of Puu essential to the conservation of H. extant colony of this species and Manawalea and is completely within giffardianus because it supports an includes habitat that is important for the the HVNP. The unit provides habitat for extant colony of this species and expansion of the present population, 1 population of 300 individuals of I. includes habitat that is important for the which is currently considered expansion of the present population, nonviable. This unit provides the byrone and is currently occupied by 200 which is currently considered easternmost critical habitat within the individuals. This unit is essential to the nonviable. Although we do not believe species’ historical range. The unit is conservation of I. byrone because it enough habitat currently exists to reach geographically separated from other supports an extant colony of this species the recovery goal of 8 to 10 populations critical habitat for this multi-island and includes habitat that is important for this island-endemic species, we species in order to reduce the likelihood for the expansion of the present could not identify any other areas as of all recovery populations being population, which is currently suitable for H. giffardianus based upon destroyed by one naturally occurring considered nonviable. what currently is known about this catastrophic event. We previously Hawaii 4—Isodendrion hosakae—a species. Only one tree has ever been designated critical habitat for three through Hawaii 4—Isodendrion known in the wild, and the species is a populations of H. brackenridgei on hosakae—f very narrow endemic that probably Oahu (68 FR 35949, June 17, 2003), for never naturally occurred in more than a one population on Molokai (67 FR We are designating six critical habitat single or a few populations. 16492, March 19, 2003), and for three units for Isodendrion hosakae, a short- populations on Maui (68 FR 25934, May lived perennial. One of the six units, Hawaii 10—Hibiscadelphus 14, 2003). ‘‘Hawaii 4—Isodendrion hosakae—f,’’ hualalaiensis—a currently is occupied. This unit is We are designating one critical habitat Hawaii 21—Ischaemum byrone—a and essential to the conservation of I. unit for Hibiscadelphus hualalaiensis, a Hawaii 22—Ischaemum byrone—b hosakae because it supports an extant long-lived perennial. This unit contains We are designating two critical habitat colony of this species and includes Puu Iki and Puuwaawaa summits and is units for Ischaemum byrone, a short- habitat that is important for the completely within the Kiholo lived perennial. They contain habitat expansion of the present population, watershed. The unit provides habitat for features that are essential for this which is currently considered 8 populations, each with 100 mature, species including, but not limited to, nonviable. The five unoccupied units reproducing individuals of H. coastal wet to dry shrubland, near the are essential to the conservation of the hualalaiensis, and is currently occupied ocean, among rocks or on pahoehoe lava species because they support habitat by 12 individuals. It contains habitat in cracks and holes. Each unit is that is necessary for the establishment of features that are essential for this geographically separated from other additional populations in order to reach species including, but not limited to, critical habitat for this multi-island recovery goals. They contain habitat dry mesic to dry Metrosideros forest on species in order to reduce the likelihood features that are essential for this rocky substrate in deep soils. This unit of all recovery populations on the island species including, but not limited to, is essential to the conservation of H. being destroyed by one naturally cinder cones with montane dry hualalaiensis because it supports an occurring catastrophic event. We shrubland. Each unit is geographically extant colony of this species and previously designated critical habitat for separated from other critical habitat for includes habitat that is important for the three populations of this species on this island-endemic species in order to expansion of the present population, Kauai (68 FR 9116, February 27, 2003), reduce the likelihood of all recovery which is currently considered for two populations on Molokai (67 FR populations being destroyed by one nonviable. This unit provides enough 16492, March 19, 2003), and for two naturally occurring catastrophic event. space within the historical range of this populations on Maui (68 FR 25934, May Within the six units, habitat is provided island-endemic species for the 14, 2003). Within the two units we are on the island of Hawaii for a total of six geographic separation of the eight designating for I. byrone on the island populations of I. hosakae, each with 300 populations to reduce the likelihood of of Hawaii in this rule, habitat is mature, reproducing individuals. There all recovery populations being provided for a total of three populations, also is habitat for two other populations destroyed by one naturally occurring each with 300 mature, reproducing on lands in PTA that we excluded from catastrophic event. No other critical individuals. designation in this final rule (see
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‘‘Analysis of Impacts Under Section Hawaii 24—Melicope zahlbruckneri—a conservation of the species because it 4(b)(2)’’). and Hawaii 26—Melicope supports habitat that is necessary for the Hawaii 4—Isodendrion hosakae—a: zahlbruckneri—b establishment of additional populations This unit contains most of Puu Pa We are designating two critical habitat in order to reach recovery goals. It cinder cone and lies in the Pohakuloa units for M. zahlbruckneri, a long-lived contains habitat features that are essential for this species including, but watershed in the southwest and in the perennial. They contain habitat features not limited to, open Metrosideros Waikoloa/Waiulaula watershed in the that are essential for this species polymorpha-Sophora chrysophylla northeast. including, but not limited to, Acacia dominated lowlands, montane dry Hawaii 4—Isodendrion hosakae—b: koa-Metrosideros polymorpha forests, and Metrosideros-shrub This unit contains most of the dominated montane mesic forest. woodland. Each unit is geographically Holoholoku cinder cone and lies Although we do not believe enough separated from other critical habitat for completely within the Pohakuloa habitat currently exists to reach the this island-endemic species within its watershed. recovery goal of 8 to 10 populations for historical range in order to reduce the this island-endemic species, the two Hawaii 4—Isodendrion hosakae—c: likelihood of all recovery populations This unit contains most of the Puu designated units identify habitat for being destroyed by one naturally Makahalau cinder cone and lies recovery populations that is occurring catastrophic event. The two completely within the Waipunahoe geographically separated to reduce the units for this species that we are watershed. likelihood of all recovery populations designating on the island of Hawaii Hawaii 4—Isodendrion hosakae—d: being destroyed by one naturally provide for habitat for a total of four This unit contains most of the Puu Io occurring catastrophic event. The two populations, each with 300 mature, and Puu Kekuakahea cinder cones and critical habitat units designated for this reproducing individuals of the N. ovata. lies completely in the Waipunahoe species provide habitat for a total of Habitat is also provided for four watershed. three populations, each with 100 populations on lands at the PTA that we mature, reproducing individuals of M. Hawaii 4—Isodendrion hosakae—e: are excluding from designation (see zahlbruckneri. This unit contains most of the Heihei ‘‘Analysis of Impacts Under 4(b)(2)’’). Hawaii 24—Melicope zahlbruckneri— cinder cone and lies completely within Hawaii 10—Neraudia ovata—a: This a: This unit is just north of Uwewale the Pohakuloa watershed. unit contains no named natural features gulch, it is completely within the Pahala and lies completely within the Kiholo Hawaii 4—Isodendrion hosakae—f: watershed, and is within the Kau Forest watershed. This unit, plus the excluded This unit contains upper portions of an Reserve; provides habitat for 1 Kamehameha Schools land (see unnamed cinder cone in the Pohakuloa population of 100 individuals of M. ‘‘Analysis of Impacts Under 4(b)(2)’’), watershed. The unit is currently zahlbruckneri; and is currently provides habitat for 2 populations of occupied by 8 individuals of I. hosakae. unoccupied. This unit is essential to the 300 mature, reproducing individuals of Hawaii 19—Mariscus fauriei—a conservation of the species because it the N. ovata and is currently supports habitat that is necessary for the unoccupied. This unit provides the We are designating one critical habitat establishment of additional populations northernmost critical habitat within the unit for Mariscus fauriei, a short-lived in order to reach recovery goals. species’ historical range. perennial. This unit contains a portion Hawaii 26—Melicope zahlbruckneri—b Hawaii 18—Neraudia ovata—d: This of Kipuka Puu Kou and lies completely unit contains no named natural features within the South Point watershed. The This unit contains portions of Kipuka and is completely within the Kauna unit provides habitat for 1 population of Puaulu and Kipuka Ki and lies watershed. This unit provides habitat 300 mature, reproducing individuals of completely within the Kapapala for 2 populations of 300 individuals of M. fauriei and is currently occupied by watershed and within HVNP. The unit N. ovata and is currently occupied by 12 individuals. It contains habitat provides habitat for 2 populations of one individual. The unit provides the features that are essential for this 100 individuals of M. zahlbruckneri and southernmost critical habitat within the species including, but not limited to, is currently occupied by 31 to 36 species’ historical range. Diospyros sandwicensis-Metrosideros individuals. This unit is essential to the polymorpha-Sapindus saponaria conservation of M. zahlbruckneri Hawaii 5—Nothocestrum breviflorum— dominated lowland dry forests, often on because it supports an extant colony of a through Hawaii 10—Nothocestrum a lava substrate. This unit is essential to this species and includes habitat that is breviflorum—c the conservation of M. fauriei because it important for the expansion of the We are designating three critical supports an extant colony of this species present population, which is currently habitat units for Nothocestrum and includes habitat that is important considered nonviable. breviflorum, a long-lived perennial. Two for the expansion of the present of the units are currently occupied. population, which is currently Hawaii 10—Neraudia ovata—a through They contain habitat features that are considered nonviable. This unit Hawaii 18—Neraudia ovata—d essential for this species including, but provides the southeasternmost critical We are designating two critical habitat not limited to, lowland and montane habitat within the species’ historical units for Neraudia ovata, a short-lived dry forest, and montane mesic forest range. This unit is geographically perennial. One of the units, ‘‘Hawaii dominated by Metrosideros separated from other critical habitat for 18—Neraudia ovata—d,’’ currently is polymorpha, Acacia koa, and/or this multi-island species within its occupied. This unit is essential to the Diospyros sandwicensis on aa lava historical range in order to reduce the conservation of N. ovata because it substrates. Each unit is geographically likelihood of all recovery populations supports an extant colony of this species separated from other critical habitat for being destroyed by one naturally and includes habitat that is important this island-endemic species within its occurring catastrophic event. We for the expansion of the present historical range in order to reduce the previously designated critical habitat for population, which is currently likelihood of all recovery populations seven populations of M. fauriei on considered nonviable. The remaining being destroyed by one naturally Molokai (67 FR 16492, March 19, 2003). unoccupied unit is essential to the occurring catastrophic event. The three
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units we are designating for this species Hawaii 1—Phyllostegia racemosa—a Hawaii 30—Phyllostegia racemosa— on the island of Hawaii provide habitat through Hawaii 30—Phyllostegia c: This unit contains no named natural to support a total of nine populations of racemosa—c features and is completely within the N. breviflorum, each with 100 mature, We are designating three critical Kaahakini watershed. This unit also lies reproducing individuals. habitat units for Phyllostegia racemosa, completely within Olaa-Kilauea Partnership lands. The unit provides, in Hawaii 5—Nothocestrum a short-lived perennial. Two of the combination with the adjacent excluded breviflorum—a: This unit is the ridge units, ‘‘Hawaii 1—Phyllostegia Kamehameha Schools lands (see adjacent to Laupahoehoe Iki Cape racemosa—a’’ and Hawaii 2— ‘‘Analysis of Impacts Under 4(b)(2)’’), between Waimanu Valley and Kaimu Phyllostegia racemosa—b,’’ are currently occupied. This unit is habitat for 5 populations of 300 mature, Stream, bordered on the west by Kamu reproducing individuals of the short- watershed, on the east by Waimanu essential to the conservation of P. racemosa because it supports an extant lived perennial P. racemosa and is watershed, with the Pae watershed in currently unoccupied. between. The unit lies in the Kohala colony of this species and includes Forest Reserve in the west and the habitat that is important for the Hawaii 24—Phyllostegia velutina—a Waimanu Estuarine Research Reserve in expansion of the present population, and Hawaii 30—Phyllostegia velutina— the east. This unit provides habitat for which is currently considered b 3 populations of 100 individuals of N. nonviable. The unoccupied unit, We are designating two critical habitat breviflorum and is currently ‘‘Hawaii 30—Phyllostegia racemosa— units for Phyllostegia velutina, a short- unoccupied. This unit is essential to the c,’’ is essential to the conservation of P. lived perennial. Both units are currently conservation of the species because it racemosa because it supports an extant occupied. They contain habitat features supports habitat that is necessary for the colony of this species (12 individuals on that are essential for this species establishment of additional populations the adjacent excluded Kamehameha including, but not limited to, in order to reach recovery goals. This Schools lands) and includes habitat that Metrosideros polymorpha-Acacia koa unit provides the easternmost critical is important for the expansion of the dominated montane mesic and wet present population, which is currently habitat within the species’ historical forests. Each unit is geographically considered nonviable. These units range. separated from other critical habitat for contain habitat features that are this island-endemic species within its Hawaii 6—Nothocestrum essential for this species including, but historical range in order to reduce the breviflorum—b: This unit contains not limited to, Acacia koa, Metrosideros likelihood of all recovery populations portions of Kalaikaula, Kamoloumi, polymorpha, and Cibotium dominated being destroyed by one naturally Kolealiilii, Nakooko, Ohiahuea, Oniu, montane mesic or wet forests. Each unit occurring catastrophic event. The units and Waiapuka streams, and Paohia is geographically separated from other we are designating for this species on Gulch. It is bordered by the Honokea critical habitat for this island-endemic the island of Hawaii provide habitat to watershed in the west, the Waikaloa species within its historical range in support a total of 10 populations of P. watershed in the east. It contains order to reduce the likelihood of all velutina, each with 300 mature, portions of the Honopue, Kalikaula, recovery populations being destroyed by reproducing individuals. Kolealiilii, Nakookoo, Ohiahuea, and one naturally occurring catastrophic Hawaii 24—Phyllostegia velutina—a: Waiapuka watersheds. The unit lies event. The three units being designated This unit contains a portion of Uwewale completely within the Kohala Forest for this species on the island of Hawaii and Waihaka gulches and is completely Reserve; provides habitat for 1 provide for a total of 10 populations, within the Pahala watershed. The unit population of 100 individuals of N. each with 300 mature, reproducing also lies completely within the Kau breviflorum; and is currently occupied individuals. Forest Reserve; provides habitat for 4 by 6 individuals. This unit is essential Hawaii 1—Phyllostegia racemosa—a: populations of 300 individuals of P. to the conservation of N. breviflorum This unit contains Puu Akala and velutina; and is currently occupied by because it supports an extant colony of portions of Awehi, Honoliii, and Kapue an unknown number of individuals. this species and includes habitat that is streams. It is bordered by the Kolekole This unit is essential to the conservation important for the expansion of the watershed in the north and Wailuku of P. velutina because it supports an present population, which is currently watershed in the south, with Honolii extant colony of this species and considered nonviable. This unit and Kapue watersheds in the central includes habitat that is important for the provides the northernmost critical portion. The unit is completely within expansion of the present population. habitat within the species’ historical Hakalau Forest NWR; provides habitat Hawaii 30—Phyllostegia velutina—b: range. for 3 populations, each with 300 This unit contains the northeastern individuals of P. racemosa; and is portion of Kulani summit and lies Hawaii 10—Nothocestrum currently occupied by 2 individuals. completely within the Kaahakini breviflorum—c: This unit contains Hawaii 2—Phyllostegia racemosa—b: watershed. The unit also lies completely Poohohoo summit and is completely This unit contains a portion of Nauhi within Olaa-Kilauea partnership lands. within the Kiholo watershed. This unit Gulch, and the northern portion is in In combination with the adjacent provides habitat for 5 populations of the Haakoa watershed, the southern excluded Kamehameha Schools lands 100 individuals of N. breviflorum and is portion in the Umauma watershed, and (see ‘‘Analysis of Impacts Under currently occupied by more than 165 the central portion in the Waikaumalo 4(b)(2)’’), this unit provides habitat for individuals. This unit is essential to the watershed. The northern and southern 6 populations of 300 individuals of P. conservation of N. breviflorum because portions of this unit lie partly within racemosa and is currently occupied by it supports an extant colony of this Hakalau Forest NWR, and the central 6 individuals (there also is 1 individual species and includes habitat that is portion lies in the Hilo Forest Reserve. in the excluded adjacent lands). This important for the expansion of the This unit provides habitat for 2 unit is essential to the conservation of present population. The unit provides populations of 300 individuals of P. P. velutina because it supports an extant the southwesternmost critical habitat racemosa and is currently occupied by colony of this species and includes within the species’ historical range. 31 to 41 individuals. habitat that is important for the
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expansion of the present population, currently occupied by the species. They Hawaii 7—Pleomele hawaiiensis—a which is currently considered contain habitat features that are through Hawaii 23—Pleomele nonviable. essential for this species including, but hawaiiensis—d Hawaii 3—Phyllostegia warshaueri—a not limited to, montane wet sedge land We are designating 4 critical habitat and Hawaii 8—Phyllostegia with mixed sedges and grasses, montane units for Pleomele hawaiiensis, a long- warshaueri—b mesic forest, dry subalpine woodland, lived perennial. All of the units are or Metrosideros and native shrub. Each We are designating two critical habitat currently occupied by individuals of unit is geographically separated from this species. They contain habitat units for Phyllostegia warshaueri, a other critical habitat for this island- short-lived perennial. Both units are features that are essential for this endemic species within its historical species including, but not limited to, occupied. They contain habitat features range in order to reduce the likelihood that are essential for this species open aa lava in diverse lowland dry of all recovery populations being forests and Metrosideros-Diospyros including, but not limited to, destroyed by one naturally occurring Metrosideros polymorpha and Cibotium lowland dry forest. Each unit is catastrophic event. The three units we essential to the conservation of P. montane and lowland wet forest in are designating for this species on the which Acacia koa or Cheirodendron hawaiiensis because it supports an island of Hawaii provide habitat for a trigynum may co-dominate. Each unit is extant colony of this species and total of 10 populations, each with 300 essential to the conservation of P. includes habitat that is important for the mature, reproducing individuals. warshaueri because it supports an expansion of the present population, extant colony of this species and Hawaii 24—Plantago hawaiensis—a: which is currently considered includes habitat that is important for the This unit contains no named natural nonviable. Each unit is geographically expansion of the present population, features; the northern portion is in the separated from other critical habitat for which is currently considered Kapapala watershed, and the southern this island-endemic species within its nonviable. The units are geographically portion is in the Pahala watershed, and historical range in order to reduce the separated for this island-endemic the unit is completely within the likelihood of all recovery populations species within its historical range in Kapapala Forest Reserve; provides being destroyed by one naturally order to reduce the likelihood of all habitat for 3 populations of 300 occurring catastrophic event. The four recovery populations being destroyed by individuals of P. hawaiensis; and is units we are designating for this species one naturally occurring catastrophic currently occupied by 5,000 on the island of Hawaii provide habitat event. The two unit being designated for individuals. This unit is essential to the to support a total of nine populations, this species on the island of Hawaii conservation of P. hawaiensis because it each with 100 mature, reproducing provide habitat for a total of 10 supports an extant colony of this species individuals. Kamehameha Schools land populations, each with 300 mature, and includes habitat that is important that we are excluding from this reproducing individuals. for the expansion of the present designation of critical habitat provides Hawaii 3—Phyllostegia warshaueri— population. This unit provides the habitat for one additional population a: This unit contains portions of Haakoa, southwesternmost critical habitat within (see ‘‘Analysis of Impacts Under Kilau, and Kawilahilahi streams and is the species’ historical range. 4(b)(2)’’). bordered in the northwest by the Hawaii 7—Pleomele hawaiiensis—a: Hawaii 25—Plantago hawaiensis—b: This unit contains Kupenau summit and Kaiwiki and Kaula watersheds, in the This unit contains a portion of Kipuka southeast by the Maulua watershed, and the ridges around Pololu Valley, and is Kulalio, it is completely within the in the Pololu watershed in the west and has portions of the Haakoa, Kaawali, Kapapala watershed. This unit is Kaiwilahilahi, Kilau, Laupahoehoe, Honokane Nui watershed in the east. completely within HVNP; provides The west side of the unit is in the Manowaiopae, and Pahala watersheds habitat for 4 populations of 300 in the central portion. This unit Kohala Forest Reserve. This unit individuals of P. hawaiensis; and is provides habitat for 1 population of 100 contains a portion of Hilo Forest currently occupied by more than 630 Reserve, Manowaialee Forest Reserve, individuals of P. hawaiiensis and is individuals. This unit is essential to the currently occupied by 21 to 31 and Laupahoehoe NAR. The unit conservation of P. hawaiensis because it provides habitat for 7 populations of individuals. This unit provides the supports an extant colony of this species northernmost critical habitat within the 300 individuals each of P. warshaueri and includes habitat that is important and is currently occupied by 13 species’ historical range. for the expansion of the present Hawaii 10—Pleomele hawaiiensis—b: individuals. population. Hawaii 8—Phyllostegia warshaueri— This unit contains no named natural b: This unit contains Kaiholena summit Hawaii 30—Plantago hawaiensis—c: features and is entirely in the Kiholo and Puu Ohu, and the northern portion This unit contains no named natural watershed. The unit provides habitat for is in the Wailoa/Waipio watershed, with features and is mostly in the Wailoa 1 population of 100 individuals of P. the southern portion in the Waikoloa/ watershed, but it is bordered in the hawaiiensis and is currently occupied Waiulaula watershed. The unit is south by the Kaahakini watershed. This by 50 to 100 individuals. completely within the Kohala Forest unit is completely within Olaa-Kilauea Hawaii 18—Pleomele hawaiiensis—c: Reserve; provides habitat for 3 Partnership lands. The unit provides This unit contains no named natural populations of 300 individuals of P. habitat for 3 populations of 300 features and is mostly in the Kauna warshaueri; and is currently occupied individuals of P. hawaiensis and is watershed with a small portion on the by 1 individual. currently occupied by 50 to 100 southwest side in the Kiilae watershed. individuals. This unit is essential to the The unit is completely within Manuka Hawaii 24—Plantago hawaiensis—a conservation of P. hawaiensis because it NAR; provides habitat for 2 populations through Hawaii 30—Plantago supports an extant colony of this species of 100 individuals of P. hawaiiensis; hawaiensis—c and includes habitat that is important and is currently occupied by 5 We are designating three critical for the expansion of the present individuals. This unit provides the habitat units for Plantago hawaiensis, a population, which is currently southernmost critical habitat within the short-lived perennial. All three units are considered nonviable. species’ historical range.
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Hawaii 23—Pleomele hawaiiensis—d: habitat that is important for the the present population, which is This unit contains the Hilina Pali, Holei expansion of the present population, currently considered nonviable. This Pali, Makahanu Pali, Poliokeawe Pali, which is currently considered unit is of an appropriate size so that Puueo Pali, the Keana Bihopa summit, nonviable. They contain habitat features each potential recovery population and portions of Kipuka Kaena Bihopa, that are essential for this species within the unit is separated enough to Kipuka Papalinamoku, and Kipuka including, but not limited to, dry avoid their destruction by one naturally Pepeiau. It is in the Kapala watershed in Metrosideros polymorpha forest with occurring catastrophic event. Beyond the west and the Kilauea watershed in mixed native grasses, Scaevola taccada the 10 populations provided for in this the east and lies completely within coastal dry shrubland on windswept unit, no other critical habitat is slopes, and weathered basaltic slopes. HVNP. This unit provides habitat for 5 designated for this species. populations of 100 individuals of P. Each unit is geographically separated hawaiiensis and currently is occupied from other critical habitat for this multi- Hawaii 25—Silene hawaiiensis—a and by 9 to 10 individuals. This unit island species within its historical range Hawaii 27—Silene hawaiiensis—b provides the easternmost critical habitat in order to reduce the likelihood of all within the species’ historical range. recovery populations being destroyed by We are designating two critical habitat one naturally occurring catastrophic units for Silene hawaiiensis, a short- Hawaii 27—Portulaca sclerocarpa—a event. We previously designated critical lived perennial. Both units are currently We are designating one critical habitat habitat for one population of S. occupied by individuals of this species. unit for Portulaca sclerocarpa, a short- tomentosa on Nihoa, one population on These units contain habitat features that lived perennial. This contains the Necker (68 FR 28054, May 22, 2003), are essential for this species including, Keanakakoi, Kokoolau, and Puhimau two populations on Kauai (68 FR 9116, but not limited to, montane and craters; Lele o Kalihipaa Pali; and a February 27, 2003), two populations on subalpine dry shrubland on weathered portion of the lava flow of 1921. The Oahu (68 FR 35949, June 17, 2003), two lava, on variously aged lava flows, and unit lies completely within HVNP; populations on Molokai (68 FR 12982, cinder substrates. Each unit is essential provides habitat for 5 populations of March 19, 2003), and two populations to the conservation of S. hawaiiensis 300 individuals of the P. sclerocarpa; on Maui (68 FR 25934, May 14, 2003). because it supports an extant colony of and is currently occupied by more than Hawaii 20—Sesbania tomentosa—a: this species and includes habitat that is 900 individuals. It contains habitat This unit contains the area inland of features that are essential for this Waiwelawela Point, all of Halemaoli important for the expansion of the species including, but not limited to, Point and it lies entirely in the Pahala present population. Each unit provides weathered Mauna Kea soils, cinder watershed. The unit also lies completely habitat for a population that is cones, or geologically young lavas in within HVNP; provides habitat for 1 geographically separated from other montane dry shrubland, often on bare population of 300 individuals; and is recovery populations of this island- cinder, near steam vents, and in open currently occupied by 10 to 15 endemic species within its historical Metrosideros polymorpha dominated individuals. This unit provides the range in order to reduce the likelihood woodlands. This unit is essential to the southernmost critical habitat within the of all recovery populations being conservation of P. sclerocarpa because it species’ historical range. destroyed by one naturally occurring supports an extant colony of this species Hawaii 23—Sesbania tomentosa—b: catastrophic event. The two units we are and includes habitat that is important This unit contains Kipuka Nene, is designating for S. hawaiiensis in this for the expansion of the present entirely in the Kapapala watershed, and rule provide habitat for a total of three population. This unit provides the lies completely within HVNP. The unit populations, each with 300 mature, southeasternmost critical habitat within provides habitat for 1 population of 300 reproducing individuals. The excluded the species’ historical range. This unit is individuals of S. tomentosa; and is lands at PTA provide habitat for seven geographically separated from other currently occupied by 50 to 65 additional populations (see ‘‘Analysis of critical habitat for this multi-island individuals. This unit provides the Impacts Under 4(b)(2)’’). species within its historical range in easternmost critical habitat within the order to reduce the likelihood of all species’ historical range. Hawaii 25—Silene hawaiiensis—a: recovery populations being destroyed by This unit contains a portion of Kipuka Hawaii 30—Sicyos alba—a one naturally occurring catastrophic Kulalio, it is completely within the event. We designated critical habitat for We are designating one critical habitat Kapapala watershed, and it lies one population of P. sclerocarpa on unit for Sicyos alba, a short-lived completely within HVNP. The unit Lanai (68 FR 1220, January 9, 2003). The perennial. This unit contains Puu provides habitat for 1 population of 300 inland habitat of populations on the Makaala and is entirely in the Kaahakini individuals of S. hawaiiensis, and is island of Hawaii differs from the coastal watershed. This unit lies within HVNP, currently occupied by about 1,800 habitat provided for on Lanai. Land on Puu Makaala Natural Area Reserve, and individuals. Olaa-Kilauea Partnership lands. The the PTA that was excluded from Hawaii 27—Silene hawaiiensis—b: designation in this rule provides habitat unit provides habitat for 10 populations This unit contains Uwekahuna Bluff; for four additional populations (see of 300 mature, reproducing individuals portions of the lava flows of 1919, 1921, ‘‘Analysis of Impacts Under 4(b)(2)’’). of the S. alba and is currently occupied by 4 individuals. This unit contains and 1961; a portion of Kilauea Crater; Hawaii 20—Sesbania tomentosa—a and habitat features that are essential for this and all of Halemaumau Crater. The unit Hawaii 23—Sesbania tomentosa—b species including, but not limited to, is entirely in the Kapapala watershed We are designating two units of Metrosideros polymorpha-Cibotium and lies completely within HVNP. This critical habitat for Sesbania tomentosa, glaucum dominated montane wet unit provides habitat for 2 populations a short-lived perennial. Both units are forests. This unit is essential to the of 300 individuals of S. hawaiiensis and occupied by this species. Each unit is conservation of S. alba because it is currently occupied by 3,851 to 3,951 essential to the conservation of S. supports an extant colony of this island- individuals. This unit provides the tomentosa because it supports an extant endemic species and includes habitat southeasternmost critical habitat within colony of this species and includes that is important for the expansion of the species’ historical range.
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Hawaii 10—Solanum incompletum—a establishment of additional populations unit is of an appropriate size so that and Hawaii 11—Solanum in order to reach recovery goals. These each of the seven potential recovery incompletum—b units contain habitat features that are populations within the unit is We are designating two critical habitat essential for this species including, but geographically separated enough to units for Solanum incompletum, a not limited to, Dodonaea viscosa avoid their destruction by one naturally short-lived perennial. Both units lowland dry shrubland. Each unit is occurring catastrophic event. No other currently are unoccupied by this geographically separated from other critical habitat for this species is species. Each unit is essential to the critical habitat for this multi-island designated on the island of Hawaii. species in order to reduce the likelihood conservation of the species because it of all recovery populations being Effects of Critical Habitat Designation supports habitat that is necessary for the destroyed by one naturally occurring establishment of additional populations Section 7 Consultation catastrophic event. We previously in order to reach recovery goals. These Section 7(a) of the Act requires designated critical habitat for three units contain habitat features that are Federal agencies, including the Service, populations of V. o-wahuensis on Oahu essential for this species including, but to ensure that actions they fund, (68 FR 35949, June 17, 2003), and for not limited to, dry to mesic forest, authorize, or carry out are not likely to one population on Maui (68 FR 25934, diverse mesic forest, and subalpine destroy or adversely modify critical May 14, 2003). The four units for V. o- forest. Each unit is geographically habitat. If a Federal action may affect a wahuensis that we are designating in listed species or its critical habitat, the separated from other critical habitat for this rule provide habitat for a total of responsible Federal action agency must this multi-island species within its four populations. historical range in order to reduce the Hawaii 4—Vigna o-wahuensis—a: enter into consultation with us. Section likelihood of all recovery populations This unit contains most of Puu Pa 7(a)(4) of the Act requires Federal being destroyed by one naturally cinder cone and lies in the Pohakuloa agencies (action agency) to confer with occurring catastrophic event. The two watershed in the southwest and in the us on any action that is likely to units we are designating for S. Waikoloa/Waiulaula watershed in the jeopardize the continued existence of a incompletum in this rule provide northeast. species proposed for listing or result in habitat for a total of four populations, Hawaii 4—Vigna o-wahuensis—b: the destruction or adverse modification each with 300 mature, reproducing This unit contains most of the of proposed critical habitat. Destruction individuals. Lands at the PTA that we Holoholoku cinder cone and lies or adverse modification of critical are excluding from designation in this completely within the Pohakuloa habitat occurs when a Federal action rule provide habitat for five additional watershed. This unit provides the directly or indirectly alters critical populations (see ‘‘Analysis of Impacts easternmost critical habitat within the habitat to the extent that it appreciably Under 4(b)(2)’’). In addition, habitat for species’ historical range. diminishes the value of critical habitat one population of S. incompletum is in Hawaii 4—Vigna o-wahuensis—c: for the conservation of the species. the area we excluded from critical This unit contains the upper portions of Individuals, organizations, States, local habitat designations on Lanai (68 FR an unnamed cinder cone in the governments, and other non-Federal 1220, January 9, 2003). Pohakuloa watershed. This unit entities are directly affected by the Hawaii 10—Solanum incompletum— provides the southernmost critical designation of critical habitat only if a: This unit contains no named natural habitat within the species’ historical their actions occur on Federal lands; features, it is entirely in the Kiholo range. require a Federal permit, license, or watershed, and is completely within the other authorization; or involve Federal Hawaii 10—Zanthoxylum dipetalum Puuwaawaaa Wildlife Sanctuary; funding. ssp. tomentosum—a provides habitat for 3 populations of Regulations at 50 CFR 402.16 require 300 individuals of S. incompletum; and We are designating one critical habitat Federal agencies to reinitiate is currently unoccupied. unit for Zanthoxylum dipetalum ssp. consultation on previously reviewed Hawaii 11—Solanum incompletum— tomentosum, a long-lived perennial. actions under certain circumstances, b: This unit contains no named natural The unit contains Puu Ike, Puu Paha, including instances where critical features, it is entirely in the Waiaha and Puuwaawaa and is in the Kiholo habitat is subsequently designated and watershed, and is completely within the watershed. This unit provides habitat the Federal agency has retained Honuaulu Forest Reserve; provides for 7 populations of 100 mature, discretionary involvement, or control habitat for 1 population of 300 reproducing individuals of the Z. has been retained or is authorized by individuals of S. incompletum; and is dipetalum ssp. tomentosum and is law. Consequently, some Federal currently unoccupied. This unit currently occupied by 8 to 10 agencies may request reinitiation of provides the southernmost critical individuals. It contains habitat features consultation or conferencing with us on habitat within the species’ historical that are essential for this species actions for which formal consultation range. including, but not limited to, has been completed, if those actions Metrosideros polymorpha dominated may affect designated critical habitat or Hawaii 4—Vigna o-wahuensis—a montane mesic forest, often on aa lava. adversely modify or destroy proposed through Hawaii 4—Vigna o- This unit is essential to the conservation critical habitat. wahuensis—c of Z. dipetalum ssp. tomentosum If we issue a biological opinion We are designating three critical because it supports an extant colony of concluding that a project is likely to habitat units for Vigna o-wahuensis, a this island-endemic species and result in the destruction or adverse short-lived perennial. None of the units includes habitat that is important for the modification of critical habitat, we also is currently occupied. Each unit expansion of the present population, provide ‘‘reasonable and prudent provides habitat for 1 population of 300 which is currently considered alternatives’’ to the project, if any are mature, reproducing individuals of V. o- nonviable. Although we do not believe identifiable. Reasonable and prudent wahuensis. Each unit is essential to the enough habitat currently exists to reach alternatives are defined at 50 CFR conservation of the species because it the recovery goal of 8 to 10 populations 402.02 as alternative actions identified supports habitat that is necessary for the for this island-endemic species, this during consultation that can be
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implemented in a manner consistent introducing or enabling the spread of We consider a plan adequate when it: with the intended purpose of the action, nonnative species; and taking actions (1) Provides a conservation benefit to that are consistent with the scope of the that pose a risk of fire; the species (i.e., the plan must maintain Federal agency’s legal authority and (2) Activities that alter watershed or provide for an increase in the species’ jurisdiction, that are economically and characteristics in ways that would population or the enhancement or technologically feasible, and that the appreciably reduce groundwater restoration of its habitat within the area Director believes would avoid recharge or alter natural, dynamic covered by the plan); (2) provides destruction or adverse modification of wetland or other vegetative assurances that the management plan critical habitat. Reasonable and prudent communities. Such activities may will be implemented (i.e., those alternatives can vary from slight project include water diversion or responsible for implementing the plan modifications to extensive redesign or impoundment, excess groundwater are capable of accomplishing the relocation of the project. pumping, manipulation of vegetation objectives, have an implementation Activities on Federal lands that may such as timber harvesting, residential schedule, and have adequate funding for affect critical habitat of one or more of and commercial development, and the management plan); and, (3) provides the 41 plant species from the island of grazing of livestock that degrades assurances that the conservation plan Hawaii will require section 7 watershed values; will be effective (i.e., it identifies consultation. Activities on private or (3) Rural residential construction that biological goals, has provisions for State lands requiring a permit from a includes concrete pads for foundations reporting progress, and lasts for a Federal agency, such as a permit from and the installation of septic systems in duration sufficient to implement the the U.S. Army Corps of Engineers wetlands where a permit under section plan and achieve the plan’s goals and (Corps) under section 404 of the Clean 404 of the Clean Water Act would be objectives). If an area is covered by a Water Act (33 U.S.C. 1344 et seq.), the required by the Corps; plan that meets these criteria, it does not Department of Housing and Urban (4) Recreational activities that constitute critical habitat as defined by Development, or a section 10(a)(1)(B) appreciably degrade vegetation; the Act because the primary constituent permit from us; or some other Federal (5) Mining of sand or other minerals; elements found there are not in need of action, including funding (e.g., from the (6) Introducing or encouraging the special management or protection. Federal Highway Administration, spread of nonnative plant species into Currently occupied and historically Federal Aviation Administration (FAA), critical habitat units; and known sites containing one or more of Federal Emergency Management Agency (7) Importation of nonnative species the primary constituent elements (FEMA), Environmental Protection for research, agriculture, and considered essential to the conservation Agency (EPA), or Department of aquaculture, and the release of of these 47 plant species were examined Energy); regulation of airport biological control agents that would to determine the adequacy of special improvement activities by the FAA; and have unanticipated effects on the listed management considerations or construction of communication sites species and the primary constituent protection and, consequently, whether licensed by the Federal elements of their habitats. such areas meet the definition of critical Communications Commission (FCC) If you have questions regarding habitat under section 3(5)(A). We may also be subject to the section 7 whether specific activities will likely reviewed all available management consultation process. Federal actions constitute adverse modification of information on these plants at these not affecting critical habitat and actions critical habitat, contact the Field sites, including published reports and on non-Federal lands that are not Supervisor, Pacific Islands Ecological surveys, annual performance and federally funded, authorized, or Services Field Office (see ADDRESSES progress reports, management plans, permitted would not require section 7 section). Requests for copies of the grants, memoranda of understanding consultation as a result of this rule regulations on listed plants and animals, and cooperative agreements, DOFAW designating critical habitat. and inquiries about prohibitions and planning documents, internal letters Section 4(b)(8) of the Act requires us permits may be addressed to the U.S. and memos, biological assessments and to briefly describe and evaluate in any Fish and Wildlife Service, Branch of environmental impact statements, and proposed or final regulation that Endangered Species/Permits, 911 N.E. section 7 consultations. We reviewed all designates critical habitat those 11th Ave., Portland, OR 97232–4181 biological information received during activities involving a Federal action that (telephone 503/231–2063; facsimile the public comment periods, public may adversely modify such habitat or 503/231–6243). meeting, and public hearing. When that may be affected by such clarification was required on the Analysis of Managed Lands Under designation. We note that such activities information provided to us, we followed Section 3(5)(A) may also jeopardize the continued up by telephone. We also met with staff existence of the species. The need for ‘‘special management from the Hawaii District DOFAW office Activities that, when carried out, considerations or protections’’ of the to discuss management activities they funded, or authorized by a Federal essential habitat features (primary are conducting on the island of Hawaii. agency, may directly or indirectly constituent elements) included in a In determining whether a destroy or adversely modify critical designation is required by the definition management plan or agreement provides habitat include, but are not limited to: of critical habitat in section 3(5)(A) of adequate management or protection, we (1) Activities that appreciably degrade the Act. If the primary constituent first consider whether that plan or destroy the primary constituent elements are being adequately managed, provides a conservation benefit to the elements including, but not limited to: then they do not need ‘‘special species. We considered the following Overgrazing; maintenance of feral management considerations or threats and associated recommended ungulates; clearing or cutting of native protections.’’ Adequate management or management actions: live trees and shrubs, whether by protection is provided by a legally (1) The factors that led to the listing burning or mechanical, chemical, or operative plan that addresses the of the species, as described in the final other means (e.g., woodcutting, maintenance and improvement of the rules for listing each of the species. bulldozing, construction, road building, essential elements and provides for the Effects of clearing and burning for mining, herbicide application); long-term conservation of the species. agricultural purposes and of invasive
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nonnative plant and animal species HPPRCC report to us, and in various the Service’s requirements for adequate have contributed to the decline of nearly other documents and publications management or protection. all endangered and threatened plants in relating to plant conservation in Hawaii (1) Plan Provides Conservation Benefit Hawaii (Cuddihy and Stone 1990; (Cuddihy and Stone 1990; Mueller- to the Species Howarth 1985; Loope 1998; Scott et al. Dombois 1985; Smith 1985; Stone 1985; 1986; Service 1994, 1995a, 1995b, Stone et al. 1992). The Sikes Act Improvements Act of 1996a, 1996b, 1996c, 1996d, 1997, In general, taking all of the above 1997 (Sikes Act) requires each military 1998a, 1998b, 1999; Smith 1985; Stone recommended management actions into installation that includes land and water 1985; Vitousek 1992; Wagner et al. account, the following management suitable for the conservation and 1985). actions are important in providing a management of natural resources Current threats to these species conservation benefit to the species: feral starting November 17, 2001 to complete include nonnative grass- and shrub- ungulate control; wildfire management; an Integrated Natural Resources carried wildfire; browsing, digging, nonnative plant control; rodent control; Management Plan (INRMP). An INRMP rooting, and trampling from feral invertebrate pest control; maintenance integrates implementation of the ungulates (including goats, cattle, and of genetic material of the endangered military mission of the installation with pigs); direct and indirect effects of and threatened plant species; stewardship of the natural resources nonnative plant invasions, including propagation, reintroduction, and found there. Each INRMP includes an alteration of habitat structure and augmentation of existing populations assessment of the ecological needs on the installation, including needs to microclimate; and disruption of into areas essential for the recovery of provide for the conservation of listed pollination and gene-flow processes by the species; ongoing management of the species; a statement of goals and adverse effects of mosquito-borne avian wild, outplanted, and augmented priorities; a detailed description of disease on forest bird pollinators, direct populations; maintenance of natural management actions to be implemented competition between native and pollinators and pollinating systems, to provide for these ecological needs; nonnative insect pollinators for food, when known; habitat management and and a monitoring and adaptive and predation of native insect restoration in areas essential for the management plan. Bases that have pollinators by nonnative hymenopteran recovery of the species; monitoring of completed and approved INRMPs that insects (ants). In addition, physiological the wild, outplanted, and augmented processes such as reproduction and adequately address the needs of the populations; rare plant surveys; and species may not meet the definition of establishment, continue to be negatively control of human activities/access affected by fruit- and flower-eating pests critical habitat discussed above, because (Service 1994, 1995a, 1995b, 1996a, such as nonnative arthropods, mollusks, they may not require special 1996b, 1996c, 1996d, 1997, 1998a, and rats, and photosynthesis and water management or protection. We would 1998b, 1999). On a case-by-case basis, transport are affected by nonnative not include these areas in critical these actions may rise to different levels insects, pathogens, and diseases. Many habitat designations if they meet the of importance for a particular species or of these factors interact with one following three criteria: (1) A current area, depending on the biological and another, thereby compounding effects. INRMP must be complete and provide a physical requirements of the species Such interactions include nonnative conservation benefit to the species, (2) and the location(s) of the individual plant invasions altering wildfire there must be assurances that the plants. regimes; feral ungulates carrying weeds conservation management strategies will and disturbing vegetation and soils, As shown in Table 2, the 47 species be implemented, and (3) there must be thereby facilitating dispersal and of plants are found on Federal, State, assurances that the conservation establishment of nonnative plants; and and private lands on the island of management strategies will be effective, numerous nonnative insect species Hawaii. Information received in by providing for periodic monitoring feeding on native plants, thereby response to our public notices; meetings and revisions as necessary. If all of these increasing their vulnerability and with Hawaii District DOFAW staff; the criteria are met, then the lands covered exposure to pathogens and disease May 28, 2002, proposal; public under the plan would not meet the (Bruegmann et al. 2001; Cuddihy and comment periods; and the October 29 definition of critical habitat because Stone 1990; D’Antonio and Vitousek and 30, 2002, public hearings; as well as special management is not needed. 1992; Howarth 1985; Mack 1992; Scott information in our files, indicated that Critical habitat was proposed at PTA et al. 1986; Service 1994, 1995a, 1995b, there is limited ongoing conservation for 10 of the 47 species addressed in this 1996a, 1996b, 1996c, 1996d, 1997, management action for these plants, rule (Asplenium fragile var. insulare, 1998a, 1998b, 1999; Smith 1985; except as noted below. Without Hedyotis coriacea, Neraudia ovata, Tunison et al. 1992); management plans and assurances that Portulaca sclerocarpa, Silene (2) The recommendations from the the plans will be implemented, we are hawaiiensis, Silene lanceolata, Solanum HPPRCC in its 1998 report to us unable to find that the lands in question incompletum, Spermolepis hawaiiensis, (‘‘Habitat Essential to the Recovery of do not require special management or Tetramolopium arenarium, and Hawaiian Plants’’). As summarized in protection. Zanthoxylum hawaiiense). Critical habitat was proposed for two additional this report, recovery goals for Lands Under U.S. Army Jurisdiction endangered Hawaiian plant species species (Isodendrion hosakae and Vigna cannot be achieved without the effective The Army has one installation under o-wahuensis) on lands the Army is in control of nonnative species threats, its jurisdiction on the island of Hawai: the process of acquiring. The Army has wildfire, and land use changes; and Pohakuloa Training Area (PTA). All of completed an INRMP (Army 2001) and (3) The management actions needed the PTA lands are administered by the an Ecosystem Management Plan (Army for assurance of survival and ultimate Army Garrison, Hawaii, for various 1998) for PTA. These plans encompass recovery of these plants. These actions types of routine military training. The management actions that will benefit are described in our recovery plans for following discussion analyzes current the 10 listed plant species for which these 47 species (Service 1994, 1995a, management plans for lands under U.S. critical habitat has been proposed on 1996a, 1996b, 1996c, 1997a, 1998a, Army jurisdiction on the island of current Army lands and they have 1998b, 1998c, 1999), in the 1998 Hawaii and assesses whether they meet written a letter committing to amend
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their INRMP to cover the 3 species on surveys to identify new populations of implemented, the INRMP provides lands the Army is in the process of threatened and endangered plant implementation schedules and acquiring as part of the Transformation species in previously unsurveyed areas identifies funding needs for each of the 2nd Brigade 25th Infantry and areas of suitable habitat; (2) installation through the year 2006, when Division (Transformation). They have a maintaining a GIS database updated the 5-year update is due. Examples of completed Wildland Fire Management with results of field surveys; (3) those programs identified for funding Plan (WFMP) for MMR (Army 2000). determining effects of military actions include the Ecosystem Management The goal of the WFMP is to reduce the on threatened and endangered plants Actions, Saddle Road Realignment threat of wildfire which adversely species through monitoring known Support, Biodiversity and Ecosystem affects threatened and endangered populations of threatened and Integrity, Pest Management, and species on PTA. The Army also endangered plant species; (4) evaluating Conservation Education and Outreach. provides summary reports regarding the and determining plant propagation The Army has committed to increased natural resources management projects needs and storage facilities; and (5) funding for their wildland fire program performed under the Ecosystems identifying research needs regarding to ensure proactive fire management Management Program for PTA (Evans pollination biology and establishment of that will benefit threatened and 1998; Evans 1999; Schnell 1998; Schnell a GIS database to store data to be used endangered plant species through 1999; Sherry 1999; RCUH 1997; RCUH to monitor threatened and endangered increased protection of habitat on their 1998; USAG–HI 2000). These reports plant species (Army 2001). lands. They have also committed to provide information on management In 1998 PTA constructed a continued funding of actions that actions which have been implemented. greenhouse with automatic climate benefit habitat restoration, species controls affected by temperature and The INRMP describes specific actions stabilization, and threat abatement wind speed. Adjacent to the greenhouse for PTA, including anticipated (Anderson, in litt. 2003). Apart from is a plant holding compound used to implementation schedules. It includes these specific efforts, however, the provide an opportunity for plants many ongoing and proposed actions Army has a statutory obligation to scheduled for outplanting to adapt to designed to address the variety of manage its lands in accordance with its conditions more similar to those they INRMP, and we have no reason to threats faced by these plant species at will encounter when they are moved to believe that this will not happen. appropriate scales: species-specific, completely natural environments. All 12 small areas, and installationwide. The of the listed species are being (3) Plan Provides Assurances That the list of ongoing and proposed actions propagated at the facility. More common Conservation Plan Will Be Effective detailed in the INRMP focuses native species are propagated for The plan does provide assurances that management activities into the areas of revegetation projects. In addition to the the conservation effort will be effective. wildfire management, nonmilitary propagation efforts, seeds are collected The Army will fund and engage in human land use, feral ungulate control, for storage at the National Seed Storage activities that have been demonstrated invasive plant control, and other Laboratory at Colorado State University. to benefit threatened and endangered nonnative species control. As an These seeds will be critical to species (e.g., ungulate and invasive example, some of the management restoration of listed species in the event weed control). In addition to the actions that address feral ungulate none remain in the wild. PTA staff extensive monitoring provisions control include: (1) The establishment periodically conduct germination tests contained in the INRMP and provided and evaluation of permanent ungulate on some of these seeds. by the reporting procedures, the Army monitoring programs; (2) maintaining Currently there are several fenced has agreed to amend its existing INRMP ungulate exclosure fencing; (3) using areas on PTA that are managed for to include additional management small-scale fencing to protect threatened and endangered plants. actions for listed plants and their habitat individuals and groupings of critically These include 755 ha (1,864 ac) of at PTA. Based upon this information, endangered plants; (4) removal of Kipuka Kalawamauna; 2,026 ha (5,004 activities will be revised to provide for ungulates from fenced areas; (5) ac) of Kipuka Alala; 202 ha (50 ac) of the optimum conservation benefit to the continuing semiannual aerial censuses Puu Kapele; and 14 ha (33 ac) of Silene listed plant species and their habitat of ungulates with support from the hawaiiensis habitat. Temporary (Col. David L. Anderson, Army, in litt. National Park Service; and (6) using emergency exclosures have been placed 2003). Thus, the Army will monitor the hunter-generated ungulate harvest data around individuals of Hedyotis effectiveness of its management actions to monitor ungulate population trends. coriacea, Neraudia ovata, Portulaca and modify them, as necessary, to In addition, management actions for sclerocarpa, Schiedea hawaiiensis, ensure their effectiveness. control of nonnative plant species Silene lanceolata, Solanum Thus, the Service has determined that include: (1) development of a Targeted incompletum, Tetramolopium lands on the island of Hawaii which fall Alien Plant Taxa list used to prioritize arenarium and Zanthoxylum under U.S. Army jurisdiction do not control efforts; (2) control of Pennisetum hawaiiense. meet the definition of critical habitat in setaceum near rare plant locations; (3) The comprehensive list of ongoing the Act. According to the Service’s control of Salsola kali (Russian thistle) and proposed management activities published recovery plans, the major when infestations; (4) continuing to detailed in the INRMP addresses each of extinction threats to island of Hawaii control of Solanum pseudocapsicum the management actions detailed above plants involve the persistent and (Jerusalem cherry); and (5) updating the that the Service considers important in expanding presence of alien species and Target Alien Plant Taxa list as species providing a conservation benefit to the their associated impacts. In general, for and priorities change. The INRMP also species; therefore, the plan provides a most of these species there is less includes propagating and outplanting conservation benefit to the species. relative concern associated with Federal threatened and endangered plant activities or proposed development. species back into areas that are managed (2) Provides Assurance the Plan Will Be Recovery of these listed species will for ungulates, weeds, and fire (Army Implemented require active management such as 2001). Other important activities in the In terms of providing assurances that plant propagation and reintroduction, INRMP include: (1) Conducting field the management plan will be management of fire risk, alien species
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removal, and ungulate and rat impacts are those related to years, the designation (co-extensive management. Failure to implement consultations under section 7 of the Act. with the listing) may result in potential these management measures, all of They include the cost of completing the direct economic effects from which require active intervention and section 7 consultation process and implementation of section 7 ranging participation, virtually assures the potential project modifications resulting from approximately $46.6 million to extinction of these species. The Army is from the consultation. Indirect impacts $62.7 million in quantifiable costs. This carrying out many of these actions on are secondary costs and benefits not decrease of approximately $6.6 million their lands, in some cases to a degree directly related to operation of the Act. to $9.1 million from the draft economic that surpasses that of other Federal, Examples of indirect impacts include analysis’s estimated potential direct State, and private landowners in potential effects to property values, economic effects from implementation Hawaii. We are, therefore, not redistricting of land from agricultural or of section 7 results primarily from the designating critical habitat on these urban to conservation, and social exclusion of proposed units Hawaii C, lands. Should the status of these welfare benefits of ecological D5, M1, M2, M3, M4, N1, N2, P, V, and commitments change, the Service will improvements. BB from final designation and the reconsider whether these lands meet the The categories of potential direct and significant reduction in size of the definition of critical habitat. If the indirect costs considered in the analysis remaining proposed units because they definition is met, we have the authority included the costs associated with: (1) lacked the primary constituent elements to propose to amend critical habitat to Conducting section 7 consultations, or were not essential to the conservation include identified areas at that time (16 including incremental consultations and of the species. Overall, the largest U.S.C. 1533(a)(3)(B); 50 CFR 424.14(g)). technical assistance; (2) modifications to portion of this estimate includes Although these areas are removed from projects, activities, or land uses impacts on Army land that was the final critical habitat designation, the resulting from the section 7 proposed as critical habitat but has been number of populations for which habitat consultations; (3) uncertainty and removed from the final designation. on PTA provides is applied toward the public perceptions resulting from the Therefore, the direct cost of designating overall conservation goal of 8 to10 designation of critical habitat including critical habitat for these 41 plant species populations for each species because potential effects on property values and will be far less than this estimate. these lands will be managed under the potential indirect costs resulting from While our final economic analysis INRMP consistent with recovery goals. the loss of hunting opportunities and includes an evaluation of potential the interaction of State and local laws; Analysis of Impacts Under Section and (4) potential offsetting beneficial indirect costs associated with the 4(b)(2) costs associated with critical habitat, designation of critical habitat for 41 Section 4(b)(2) of the Act requires us including educational benefits. The plant species on the island of Hawaii, to designate critical habitat on the basis most likely economic effects of critical some types of costs are unquantifiable. of the best scientific and commercial habitat designation are on activities The costs that are provided are information available, and to consider funded, authorized, or carried out by a speculative in the sense that there is no the economic and other relevant Federal agency (i.e., direct costs). certainty as to their being incurred, but impacts of designating a particular area Following the close of the comment we believe the numbers represent a as critical habitat. We may exclude areas period on the draft economic analysis, reasonable range of costs for the specific from critical habitat upon a an addendum was completed that actions in question, should they occur determination that the benefits of such incorporated public comments on the in whole or in part. The final economic exclusions outweigh the benefits of draft analysis and made other changes analysis concludes that efforts to specifying such areas as critical habitat. as necessary. These changes were redistrict land as a result of this We cannot exclude such areas from primarily the result of modifications designation are likely to occur, but that critical habitat when such exclusion made to the proposed critical habitat there is no way of determining in will result in the extinction of the designation based on biological advance the outcome of this process species concerned. information received during the with respect to specific parcels, or of comment periods. possible related litigation. However, Economic Impacts The draft economic analysis and such landowners may have economic Following the publication of the addendum addressed the impact of the costs associated with voluntary proposed critical habitat designation on proposed critical habitat designation agreements to restrict development, and May 28, 2002, a draft economic analysis that may be attributable coextensively to contesting redistricting. For land not was prepared to estimate the potential the listing of the species. Because of the planned for development, the analysis direct and indirect economic impacts uncertainty about the benefits and concluded that it is reasonably associated with the designation, in economic costs resulting solely from foreseeable that some landowners accordance with the recent decision in critical habitat designations, the Service would see lower property values, N.M. Cattlegrowers Ass’n v. U.S. Fish believes that it is reasonable to estimate restrictions on agricultural activity and and Wildlife Serv., 248 F.3d 1277 (10th the economic impacts of a designation costs to contest redistricting. In total, Cir. 2001). The draft analysis was made utilizing this single baseline. It is the costs associated with redistricting or available for review on December 18, important to note that the inclusion of the threat of redistricting could range 2002 (67 FR 77464). We accepted impacts attributable coextensively to the from $22 to 28 million. The final comments on the draft analysis until the listing does not convert the economic economic analysis also concludes there comment period closed on January 17, analysis into a tool to be used in is an undetermined probability of costs 2003. deciding whether or not a species ranging from $48.9 to $96.5 million Our draft economic analysis evaluated should be added to the Federal list of associated with obtaining State and the potential direct and indirect threatened and endangered species. county development approvals, and economic impacts associated with the Together, the draft economic analysis includes costs associated with a loss or proposed critical habitat designation for and the addendum constitute our final delay of these approvals. Some of these the 41 plant species from the island of economic analysis. The final economic costs, however, may overlap with a Hawaii over the next 10 years. Direct analysis estimates that, over the next 10 portion of the redistricting costs (i.e.,
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agreements to voluntarily restrict Kealakahe 2020 environmental adjoins the pre-exclusion boundaries of development to avoid redistricting). The remediation project could incur direct proposed unit Y2 on 3 sides, and has final economic analysis estimates that costs of over $5 million and indirect internal fires. K2020 plans to secure landowners may spend between $50,000 costs ranging between $87 and $104 Federal grants to remediate the site, and $181,000 to investigate the million. While there is no certainty that including extinguishing the fires. implications of critical habitat on their any or all of these indirect costs would This will require use of unoccupied land. The economic analysis also be incurred, these figures are illustrative habitat within the proposed boundary of estimates that the critical habitat of the order of magnitude of the indirect unit Y2 for the landfill material while designation could cost between impacts that could occur from the the remediation is conducted. The $175,000 and $525,000 for State and designation. economic analysis further indicates that county environmental review this project will be to the long-term (1) Benefits of Inclusion (conducting a State Environmental benefit to the listed plants by reducing Impact Statement (EIS) instead of an These areas proposed for the possibilities of wildfires. However, Environmental Assessment), although development or other uses are within it is anticipated that as mitigation for some of these costs may be incurred in proposed units Y1 and Y2. Proposed the temporary loss of this portion of the any case, as some projects might require unit Y1 absent this exclusion would critical habitat, the K202 group would an EIS without critical habitat consist of 426 acres of private land as be required to obtain funding to manage designation. critical habitat for Isodendrion two preserves to be established The final economic analysis also pyrifolium and 405 largely identical elsewhere within this proposed unit discusses most economic benefits in acres of private land for Neraudia ovata. (see ‘‘Benefits of Exclusion’’ below) at a qualitative terms rather than providing It is currently unoccupied by cost of $5.1 million over the next 10 quantitative estimates because of the Isodendrion pyrifolium, and contains 2 years. lack of information available to estimate Neraudia ovata plants. Proposed unit Apart from this project a critical the economic benefits of endangered Y2 absent this exclusion would consist habitat designation will not directly species preservation and ecosystem of 406 acres of State land for protect the areas proposed for exclusion improvements. While the quantitative Isodendrion pyrifolium and 334 largely from any planned development, due to estimates provided in the analysis are identical acres for Neraudia ovata. It is the lack of any known or anticipated speculative, the economic analysis currently occupied by 8 individual ‘‘Federal nexus’’ for such development. estimates that federally funded section 7 Isodendrion pyrifolium plants, and is However, the plants themselves are related project modifications could unoccupied by Neraudia ovata. protected against ‘‘take’’ under State generate an undetermined percentage of Critical habitat for I. pyrifolium was law, and thus the areas in which the $83 million to $109 million over 10 designated on Oahu (habitat for three plants are currently found are unlikely years. populations), Molokai (habitat for one to be developed. A more detailed discussion of our population), Maui (habitat for two Another possible benefit of a critical economic analysis is contained in the populations); for N. ovata on two other habitat designation is education of draft economic analysis and the locations in Hawaii. Habitat is also landowners and the public regarding the addendum. Both documents are provided for four populations of this potential conservation value of these available for inspection at the Pacific species on the excluded lands at PTA, areas. This may focus and contribute to Islands Fish and Wildlife Office (see as discussed later in this section. (See conservation efforts by other parties by ADDRESSES section). ‘‘Descriptions of Critical Habitat clearly delineating areas of high No critical habitat units in the Units’’). conservation values for certain species. proposed rule were excluded or If these areas were designated as However, we believe that this modified because of economic impacts critical habitat, any Federal agency educational benefit has largely been because the cost of the designation is which proposed to approve, fund or achieved. These units have already been not expected to be significant. The undertake any action which might identified through the proposal and likely direct cost impact of designating adversely modify the critical habitat final designation. In addition, the State critical habitat on Hawaii for the 41 would be required to consult with us. has included a preserve for listed plants plant species is estimated to be between This is commonly referred to as a within its VOLA development project $4.7 and $6.3 million per year over the ‘‘Federal nexus’’ for requiring the which will contribute to the long-term next 10 years. This estimate, however, consultation. If the area in question educational benefit of conserving the includes areas that were proposed as were not occupied by the plants, this habitat of these species (see ‘‘Benefits of critical habitat but have been excluded consultation would not be required Exclusion’’ below). under section 4(b)(2) of the Act (see absent the critical habitat designation. If In summary, we believe that a critical below). Therefore, the anticipated direct the action affected an area occupied by habitat designation for these two plant costs of designating critical habitat of the plants, consultation would be species would provide relative low these 41 species is less. required even without the critical additional Federal regulatory benefits. Approximately 337 ha (833 ac) of habitat designation. As indicated above, Except for the project discussed above, State and private lands within two these two units are each occupied by there is no Federal activity which might proposed critical habitat units one small population of one species of trigger the section 7 consultation (proposed Units Y1 and Y2) are the listed plants. process for these species known or excluded because the economic impacts The draft economic analysis and final anticipated for the lands to be excluded. of their inclusion outweigh the benefits addendum indicate only one project The additional educational benefits provided by a designation of critical associated with the exclusions within which might arise from critical habitat habitat. The economic analysis indicates the pre-exclusion boundaries of these designation are largely accomplished that activities already planned for these proposed units that is likely to have the through the notice and comments which two proposed units, including the State required Federal nexus, environmental accompanied the development of this VOLA master planned community with remediation of an old landfill by the regulation, and the proposed critical over 1,000 units of affordable housing, non-profit Kealakehe Ahupua’a 2020 habitat is known to the landowners. In the Kaloko Properties projects and the organization (K2020). The landfill addition, the State is planning for a
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preserve for the areas occupied by N. government but resulting from the proposed critical habitat, or of the entire ovata in proposed Unit Y2, which will critical habitat designation. These $20 million investment. In addition, provide ongoing educational benefits. include redistricting of land, rezoning there would be an estimated loss of and other regulatory approvals, and (2) Benefits of Exclusion future profits from the land proposed for litigation related to both. inclusion within the critical habitat of There are three development projects Hawaii has state-wide land between $39 to $78 million. Using a currently planned within the pre- classifications of Urban, Rural, present value discount, this loss would exclusion boundaries of proposed Units Agricultural and Conservation, with range between $17 and $34 million. Y1 and Y2 which could suffer restrictions on what type of activities There could also be the loss of all significant economic impacts due to can be conducted within the different project revenues in the event the indirect effects of the critical habitat classifications. The State Department of inability to utilize the lands within the designation. In addition, the $5.1 Land and Natural Resources commented critical habitat designation caused the million in project modification costs to on this proposal that they would be failure of the entire project. the K2020 landfill remediation project required to initiate rezoning of lands discussed above would likely be shifted designated as critical habitat into the Alternatively, in an effort to avoid from the State or from housing ‘‘Conservation’’ classification, which those situations, the developer might developers to the non-profit K2020 prohibits development. offer additional restrictions on the group. While there is a low probability that development. The final addendum The Housing and Community the State Land Use Commission would estimates, with admitted imprecision, Development Corporation of Hawaii has finally vote to redistrict the lands that these costs might range from $1.1 since 1990 had a master-planned proposed for the VOLA project, that to $2 million for the portion of the community development project known possibility exists. In addition, there project within the proposed designation. as ‘‘Villages at Laiopua’’ (VOLA), much could well be litigation designed to The possibility of significant of which is within the pre-exclusion either force the Commission to act or to economic impacts to this project, while boundary of proposed unit Y2. This have a court make the decision. not certain, clearly exist. As noted includes a planned 1,700 homes within If the project were unable to proceed, above, we cannot find offsetting benefits the area proposed for designation, of the Housing and Community which 1,020, or 60%, would be Development Corporation would lose from the designation of critical habitat classified as ‘‘affordable housing’’. The the $30 million in sunk costs, and the in these two units which exceed the State of Hawaii has already invested $30 affordable housing units that would benefits of avoiding these possible million in infrastructure costs, have been constructed. Although the economic costs. including roads, utilities, a High School, final addendum to the economic The last project for which we are planning and expanding the local waste- analysis assigns a cost to the loss of the excluding areas for economic reasons is water treatment plant, and some of the affordable units of $4.8 million, there the environmental remediation of an old project has been constructed. could well be considerable non- landfill by the non-profit K2020 The plan includes two areas totaling monetary social costs as well, organization discussed above. The 38 acres to be set aside as preserves for particularly inasmuch as the available landfill adjoins the pre-exclusion the listed plants. As noted above, the information indicates that there are no boundaries of proposed unit Y2 on 3 final addendum to our economic other affordable housing projects sides, and has internal fires. K2020 analysis indicates it would likely cost planned within the next 10 years. plans to secure Federal grants to $5.1 million over the next 10 years to The second project within the remediate the site, including manage these preserves. Absent the excluded areas is known as the Kaloko extinguishing the fires. development being largely constructed, Properties/Kaloko Town Center. This it is not likely that these plants would project has been underway since 1987, This will require use of unoccupied benefit from the management and covers 1,150 acres, of which 335, or habitat within the boundary of proposed envisioned for the preserves. 29%, is within the pre-exclusion unit Y2 for the landfill material while Critical habitat provides primarily boundary of the proposed units. The the remediation is conducted. The prohibitive regulatory benefits. But in developers have already expended over economic analysis further indicates that Hawaii, simply preventing ‘‘harmful $20 million for infrastructure this project will be to the long-term activities’’ will not slow the extinction improvements, engineering and related benefit to the listed plants by reducing of listed plant species (see detailed costs, which approximately $5.8 (by the possibilities of wildfires. However, discussion under ‘‘Queen Liliuokalani percentage allocation) is associated with it is anticipated that as mitigation for Trust’’, below). Establishment of plant the portion of the project within the the temporary loss of this portion of the preserves as planned here provide proposed critical habitat. This project critical habitat, the K202 group would positive benefits to the species. In will need both redistricting from the be required to obtain funding to manage addition, in June 2002, the State enacted State and rezoning from the county for two preserves to be established in legislation allowing State entities to portions of the land. The final connection with the VOLA project, at a enter into Safe Harbor agreements and addendum to the economic analysis cost of $5.1 million over the next 10 Habitat Conservation Plans for three finds there is a reasonably foreseeable years. Requiring this non-profit group to designated areas, including the VOLA chance that the designation of critical mitigate for use of unoccupied critical project. Absent the exclusion, it is habitat would affect this development. habitat to remediate an environmental unlikely the State would pursue either In the worst-case scenario, the State or problem, when the remediation will of these conservation options. county might decide not to grant the ultimately benefit the species, does not In addition, there are real but discretionary approvals needed for the provide an overall conservation benefit undeterminable possibilities that project—redistricting and rezoning—or to the species. This funding could well designation of these areas as critical might be prevented from doing so by come from funds otherwise intended for habitat would lead to loss or significant litigation. This could lead to loss of the conservation purposes in Hawaii, or the restriction of the project through actions $5.8 million in sunk costs for the cost could cause the group to abandon not under the control of the Federal portion of the property within the the project.
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(3) The Benefits of Exclusion Outweigh the comment period offering to benefit of excluding the lands needed the Benefits of Inclusion undertake a number of actions designed for the remediation effort, thus saving The VOLA project has already been to provide conservation benefits to the the group the $5.1 million cost and troubled by litigation and defaulting species. Specifically, the offer included: making it more likely that the landfill developers; additional regulatory or (1) To set aside 100 to 130 acres within will be remediated, exceed the benefit of legal uncertainties arising from this the proposed unit Y2; (2) enter into designating these lands as critical designation could well cause further good faith negotiations with the Federal, habitat. State or county entities for acquisition delays or kill the project altogether. If (4) Exclusion of These Units Will Not of the area; (3) agree to enter into a Safe this were to occur, the Housing and Cause Extinction of the Species Harbor agreement with us; and (4) to Community Development Corporation enter into a memorandum of understand Proposed units Y1 and Y2 on State would lose the $30 million in sunk or cooperative agreement to address and private lands provide occupied and costs, and the affordable housing units habitat protection, monitoring and unoccupied habitat for two species: that would have been constructed. management actions for the remainder Isodendrion pyrifolium and Neraudia Although the final addendum to the of their property relating to these ovata. According to our published economic analysis assigns a cost to the species (and Blackburn’s sphinx moth). recovery plans, recovery of these two loss of the affordable units of $4.8 Due to the court-ordered date by species will require reproducing, self- million, there could well be which this designation must be sustaining populations located in a considerable non-monetary social costs completed, we were unable to conclude geographic array across the landscape, as well, particularly inasmuch as the such an agreement prior to issuing this with population numbers and available information indicates that notice and regulation. If we had been population locations of sufficient there are no other affordable housing able to do so, this is the type of robustness to withstand periodic threats projects planned within the next 10 agreement for which we have found in caused by natural disaster or biological years. other cases that the conservation threats (Service 1996, 1998). The highest We do not find that the benefits from benefits of the agreement exceed the priority recovery tasks include active the designation of critical habitat for benefits of designation and thus warrant management, such as plant propagation lands within the VOLA project, as exclusion (See discussions below). We and reintroduction, fire control, discussed above, exceed the benefits of have generally not made exclusions nonnative species removal, and avoiding the possible economic and under section 4(b)(2) based on offers of ungulate fencing. Failure to implement social costs which could well arise from conservation agreements, and we are not these active management measures on this designation. doing so here. However, we do believe this and other units, all of which require For the Kaloko Properties/Kaloko the ability to pursue this proposal, and voluntary landowner support and Town Center, there is also the real a Safe Harbor agreement with the State, participation, virtually assures the possibility that the designation of are secondary benefits of the exclusions, extinction of these species in the wild. critical habitat could lead to loss of in that neither would likely remain a Many of these types of conservation necessary regulatory approvals. This in possibility without the exclusions. A actions in this area of the island of turn could lead to loss of the $5.8 decision by the State and the developers Hawaii will be carried out as part of a million in sunk costs for the portion of to follow through on this offer might partnership with the Service and by the property within the proposed well be in both their and the species actions taken on the landowner’s critical habitat, or of the entire $20 best interest. initiative. These activities, which are million investment. In addition, there We also note that while preparing an described in more detail below, require would be an estimated loss of future original critical habitat proposal and substantial voluntary cooperation. profits from the land proposed for designation is extremely costly and For both species, we conclude, based inclusion within the critical habitat of time-consuming, a revision to a on all of the information available to us, between $39 to $78 million. Using a designation, where all of the appropriate that the projects proposed for the areas present value discount, this loss would biological and economic information is to be excluded will not adversely range between $17 and $34 million. already available, could be relatively impact existing populations of either (There could also be the loss of all easy. We will closely monitor the status listed species. In addition, the Hawaii project revenues in the event the of the listed plants within this exclusion Housing and Community Development inability to utilize the lands within the and will be prepared to take necessary Corporation has proposed the creation critical habitat designation caused the actions in the event their situation of preserves for the plant with the failure of the entire project.) warrants it. VOLA development, which would be Alternatively, in an effort to avoid those For the non-profit K2020 actively managed for the benefit of the situations, the developer might offer organization, the designation of critical plants. As noted below in detail, active additional restrictions on the habitat could add an additional $5.1 management is an essential need of development. The final addendum million in direct costs to their effort to these species, one which cannot be estimates, with admitted imprecision, remediate a burning old landfill, as accomplished through a critical habitat that these costs might range from $1.1 discussed above. Requiring this non- designation alone. Finally, we note that to $2 million for the portion of the profit group to raise and expend $5.1 in Hawaii State law protected Federally project within the proposed designation. million for use of unoccupied critical listed plants against direct take, a We do not find that the benefits from habitat to remediate an environmental protection not found in the ESA. the designation of critical habitat for problem, when the remediation will If a critical habitat designation lands within the VOLA project, as ultimately benefit the species, does not reduces the likelihood that voluntary discussed above, exceed the benefits of provide an overall conservation benefit conservation activities will be carried avoiding the possible economic costs to the species. This funding could well out on the island of Hawaii, and at the which could well arise from this come from funds otherwise intended for same time fails to confer a counter- designation. conservation purposes in Hawaii, or the balancing positive regulatory or We note that the developers of this cost could cause the group to abandon educational benefit to the species, then project contacted us after the close of the project. We accordingly believe the the benefits of excluding such areas
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from critical habitat outweigh the withstand periodic threats caused by to consultation at PTA, which includes the benefits of including them. Although, natural disaster or biological threats areas being acquired for the results of this type of evaluation will (Service 1994, 1995a, 1995b, 1996a, ‘‘Transformation,’’ the Army is vary significantly depending on the 1996b, 1996c, 1996d, 1997a, 1998a, evaluating impacts of its ongoing and landowners, geographic areas, and 1998b, 1998c, 1999). The highest future training activities on habitat species involved, we believe the State priority recovery tasks include proactive considered essential to the conservation, and private lands in proposed units management such as plant propagation including habitat unoccupied by listed Hawaii Y1 and Y2 merit this evaluation. and reintroduction, fire control, species. nonnative species removal, and Other Impacts Moreover, the section 7 mandate to ungulate fencing. Failure to implement avoid destroying critical habitat does U.S. Army Lands these active management measures, all not extend to requiring plant of which require voluntary landowner As described in the ‘‘Analysis of reintroductions or other proactive support and participation, increases the Managed Lands Under Section 3(5)(A)’’ conservation measures (e.g., ungulate likelihood that species will go extinct or section above, based on our evaluation control) considered essential to the not recover. The Army is undertaking of the adequacy of special management conservation of the species. As many of these types of conservation and protection that is provided in the discussed above, the major threat to actions on their land on the island of Army’s INRMP for PTA (Department of these species is the persistent and Hawaii as part of the implementation of the Army 2002) for the plant species expanding presence of alien species. the INRMP for PTA. These activities, addressed in this proposal which are Failure to implement proactive which are described in more detail in found on Army land, in accordance management measures such as alien the ‘‘Analysis of Managed Lands Under species removal and ungulate and rat with section 3(5)(A)(i) of the Act, we Section 3(5)(A)’’ section, require have not included the Army’s PTA in management, as well as management of substantial financial obligations by the fire risk and plant propagation and this final designation of critical habitat. Army and cooperation with other However, to the extent that special reintroduction, may result in extinction agencies, landowners, and local of these species even with a critical management considerations and residents. protection may be required for this area habitat designation. These actions are, The following analysis describes the however, included in the Army’s and it would meet the definition of likely positive and negative impacts of critical habitat according to section INRMP for PTA and will provide a critical habitat designation on Army tangible benefits that will reduce the 3(5)(A)(i), it is properly excluded from land compared to the likely positive and designation under section 4(b)(2) of the likelihood of extinction and increase the negative impacts of a critical habitat chances of recovery. Act, based on the following analysis. exclusion of that land. The Service paid Another potential benefit of a critical As explained below, we believe the particular attention to the following habitat designation on this Army land is benefits of designating critical habitat issues: to what extent a critical habitat the education of the Army and the for the 12 species at PTA (Asplenium designation would confer additional fragile var. insulare, Hedyotis coriacea, regulatory, educational, and social general public concerning the Isodendrion hosakea, Neraudia ovata, benefits; and to what extent would conservation value of this land. While Portulaca sclerocarpa, Silene critical habitat interfere with the Army’s we believe these educational benefits hawaiiensis, Silene lanceolata, Solanum ongoing proactive conservation actions. are important for the conservation of incompletum, Spermolepis hawaiiensis, these species, we believe it has already Tetramolopium arenarium, Vigna o- (1) Benefits of Designating U.S. Army been achieved through the Army’s wahuensis, and Zanthoxylum Lands as Critical Habitat INRMP (for example, most of the hawaiiense) and the lands being Pohakuloa Training Area contains INRMP’s biologically sensitive areas acquired as part of their habitat essential to the conservation of overlap with proposed critical habitat), ‘‘Transformation’’ to a Stryker Brigade the 12 species listed above. The primary publication of the proposed critical Combat Team are relatively low and regulatory benefit provided by a critical habitat rule, the many public and outweighed by the benefits of excluding habitat designation on Army land is the interagency meetings that have been these lands from critical habitat. We requirement under section 7 of the Act held to discuss the proposal, and also have concerns that a critical habitat that any actions authorized, funded, or discussion contained in this final rule. designation may negatively impact the carried out by the Army would not In sum, the Army will manage for the Army’s ability to effectively carry out a destroy or adversely modify any critical conservation of all of these species recently proposed training and habitat, which includes an evaluation through their INRMP process; this equipment conversion program on the on the effects of the action on recovery management will confer significant island of Hawaii. of the species. However, as discussed conservation benefits to the species that The Army’s PTA, including the lands above, all of the critical habitat would not necessarily result from the being acquired for ‘‘Transformation,’’ is proposed at PTA is occupied by listed section 7 consultation process. In occupied habitat for 12 species, as species and thus section 7 consultation addition, the Army has agreed to referenced above. A total of 28,384 ha would already be required. coordinate with the Service on any (70,138 ac) are excluded from final In addition, any net benefit of this actions that may affect essential habitat critical habitat, all of which is aspect of critical habitat has been areas (whether occupied or unoccupied considered occupied by one or more significantly minimized by the Army’s by the listed species) even if these areas listed species. commitment to coordinate with the are not designated as final critical According to our published recovery Service on any of its activities that may habitat. Taken together, these two plans, recovery of these 12 species will adversely affect areas whether occupied management commitments by the Army require reproducing, self-sustaining or unoccupied by listed species that are lead the Service to conclude that any populations located in a geographic considered essential to their additional incremental regulatory array across the landscape, with conservation (i.e., proposed as critical benefits provided by a final critical population numbers and population habitat) (Anderson, in litt. March 20, habitat designation on Army lands locations of sufficient robustness to 2003). In fact, for the current would be relatively small.
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(2) Benefits of Excluding U.S. Army (3) The Benefits of Excluding Army for eight of the remaining nine multi- Lands From Critical Habitat Lands From Critical Habitat Outweigh island species consistent with the the Benefits of Inclusion guidance in recovery plans. These other When evaluating the potential designations identify conservation areas negative impacts of a critical habitat Based on the above considerations, and in accordance with section 4(b)(2) for the maintenance and expansion of designation and the potential benefits of of the Act, we have determined that the the existing populations. excluding Army land from final critical benefits to national security of Critical habitat is not designated for habitat, the Service considered whether excluding the Army’s PTA from critical Tetramolopium arenarium on the island critical habitat designation would affect habitat, as set forth above, outweigh the of Hawaii because the areas containing Army’s military mission at PTA. benefits of including this land in critical the physical and biological features As noted above, these plants will habitat for the 12 species listed above. essential to the conservation of this need actions that proactively remove We have carefully weighed the relative species are on excluded lands at PTA. Critical habitat was not designated on existing threats and that include benefits of each option. Maui because we were not able to propagation and reintroduction into Although these areas within Army identify the physical and biological unoccupied areas if they are to recover. land are removed from the final critical habitat designation, the Service still features that are considered essential to Neither section 7 consultations nor a the conservation of this species on the critical habitat designation would considers them essential to the conservation of these species. The island of Maui. necessarily result in the implementation In sum, the above analysis concludes number of populations for which the of actions needed for recovery of these that the exclusion of these lands will habitat on these installations provides is species. not cause extinction and should in fact applied towards the overall recovery improve the chances of recovery for all The Army is engaged in or has goal of 8 to 10 populations for each 12 species. committed to engage in a wide variety species (see discussion below), and it is of proactive conservation management anticipated that these lands will be Private Lands activities that are set out in the managed under the Army’s INRMP for Kamehameha Schools ‘‘Analysis of Managed Lands Under PTA consistent with the conservation Section 3(5)(A)’’ section of this rule. goals for these species. The portion of proposed units Hawaii The Service also considered whether G, W, and Z on Kamehameha Schools (4) Exclusion of This Unit Will Not lands is occupied habitat for six species: a final critical habitat designation would Cause Extinction of the Species negatively impact the Army’s military Bonamia menziesii, Cyanea mission. Overall, the Service believes it For both the three endemic stictophylla, Delissea undulata, (Isodendrion hosakea, Neraudia ovata, Phyllostegia racemosa, Phyllostegia has been able to work closely and in a and Silene hawaiiensis) and the nine velutina, and Pleomele hawaiiensis and positive collaborative fashion with the multi-island species (Asplenium fragile unoccupied habitat for three species: Army to minimize potential negative var. insulare, Hedyotis coriacea, Argyroxiphium kauense, Cyanea impacts to the Army’s military training Portulaca sclerocarpa, Silene shipmanii, and Neraudia ovata. activities as a consequence of lanceolata, Solanum incompletum, According to our published recovery Endangered Species Act regulation. Spermolepis hawaiiensis, plans, recovery of these species will However, the 2nd Brigade of the 25th Tetramolopium arenarium, Vigna o- require reproducing, self-sustaining Infantry Division (Light) based at PTA wahuensis, and Zanthoxylum populations located in a geographic has recently been selected to participate hawaiiense), the Service concludes that array across the landscape, with in the experimental ‘‘Transformation’’ of the Army’s mission and management population numbers and population its force to a lighter rapidresponse force plan (e.g., INRMP) will provide more locations of sufficient robustness to known as a Stryker Brigade Combat net conservation benefits than would be withstand periodic threats caused by Team. The Army has stated that a final provided if these areas were designated natural disaster or biological threats critical habitat designation may lead to as critical habitat. This management (Service 1994, 1995a, 1996a, 1996b, disruption in training and a delay of plan, which is described above, will 1996c, 1997a, 1998a, 1998b, 1998c, construction of required training provide tangible conservation benefits 1999). The highest priority recovery facilities if the Army has to consult on that will reduce the likelihood of tasks include active management such the impacts to newly designated critical extinction for the listed plants in these as plant propagation and reintroduction, areas of the island of Hawaii and fire control, nonnative species removal, habitat. The active training areas allow increase their likelihood of recovery. and ungulate fencing. Failure to the troops to attain skills to respond to Further, all of this area is occupied by implement these active management enemy fire quickly and accurately and all 12 species and thereby benefits from measures, all of which require voluntary to train in offensive operations. The the section 7 protections of the Act. The landowner support and participation, natural and physical attributes of the exclusion of these areas will not virtually assures the extinction of these training areas in Hawaii realistically increase the risk of extinction to any of species. Many of these types of mirror the battlefield conditions found these species, and it may increase the conservation actions in these areas of in other nations in the Pacific region. As likelihood these species will recover by the island of Hawaii are carried out as these training conditions are not found encouraging other landowners to part of Kamehameha School’s anywhere else in the continental United implement discretionary conservation participation with landowner incentive- States, the Army states that it is activities as the Army has done. based programs and by actions taken on imperative that the utilization of the In addition, critical habitat is being the landowner’s initiative. These military training installations in Hawaii designated on other areas of the island activities, which are described in more not be impeded by additional of Hawaii for the three endemic species, detail below, require substantial requirements associated with section 7 and critical habitat has been designated voluntary cooperation by Kamehameha consultations on critical habitat elsewhere on the island, and/or Schools and other cooperating designations. designated or proposed on other islands, landowners and local residents.
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The following analysis describes the island of Hawaii for any of the 41 plant precise areas are important to which likely conservation benefits of a critical species. Only two consultations species. habitat designation compared to the involved Kamehameha Schools lands, In addition, we believe that education conservation benefits without critical both of which were intra-Service of relevant sectors of the public is being habitat designation. We paid particular consultations on conservation projects. achieved through the existing attention to the following issues: To One consultation was regarding a management and education efforts what extent a critical habitat project to restore Opaeula Pond; carried out by Kamehameha Schools designation would confer regulatory however, none of the 47 species at issue and their conservation partners. conservation benefits on these species; were involved. The other consultation Kamehameha Schools participates in to what extent the designation would was regarding restoring dryland forest. the Olaa-Kilauea Management educate members of the public such that The proposed restoration actions were Partnership along with Federal and conservation efforts would be enhanced; found to benefit two species at issue State agencies, along with other private and whether a critical habitat here, Bonamia menziesii and landowners, to protect the biological designation would have a positive, Nototrichium breviflorum. As a result of resources of the Olaa-Kilauea area. neutral, or negative impact on voluntary the low level of previous Federal In sum, we believe that a critical conservation efforts on this privately activity on Kamehameha Schools lands habitat designation for listed plants on owned land as well as other non-Federal on the island, and after considering that Kamehameha Schools lands would lands on the island of Hawaii that could the likely future Federal activities that provide a relatively low level of contribute to recovery. might occur on these lands would be additional regulatory conservation If a critical habitat designation minimal and associated with Federal benefits to each of the plant species reduces the likelihood that voluntary funding for conservation activities, it is beyond what is already provided by conservation activities will be carried our opinion that there is likely to be a existing section 7 consultation out on the island of Hawaii, and at the low number of future Federal activities requirements caused by the physical same time fails to confer a counter- that would negatively affect habitat on presence of the nine listed species. Any balancing positive regulatory or Kamehameha Schools lands. A Federal regulatory conservation benefits would educational benefit to the species, then nexus is anticipated in association with accrue through the benefit associated the benefits of excluding such areas the finalization of a Safe Harbor with additional section 7 consultation from critical habitat outweigh the Agreement and issuance of an associated with critical habitat. Based benefits of including them. Although enhancement of survival permit; on a review of past consultations and the results of this type of evaluation will however, these activities will have a net consideration of the likely future vary significantly depending on the conservation benefit for the species activities in this specific area, we expect little Federal activity that would trigger landowners, geographic areas, and the concerned. Therefore, we anticipate section 7 consultation to occur on this species involved, we believe the little additional regulatory benefit from privately owned land. We also believe Kamehameha Schools lands on the including this portion of units Hawaii that critical habitat designation would island of Hawaii merit this evaluation. G, W, and Z in critical habitat beyond provide little additional educational what is already provided for by the (1) Benefits of Inclusion benefit since the conservation value is existing section 7 nexus for habitat areas Critical habitat in the Kamehameha already known by the landowner, the occupied by the listed extant species. Schools portion of units Hawaii G, W, State, Federal agencies, and private and Z was proposed for the following Another possible benefit is that the organizations, and the area has been species: Argyroxiphium kauense, designation of critical habitat can serve identified as essential to the Bonamia menziesii, Cyanea shipmanii, to educate the public regarding the conservation of nine plant species Cyanea stictophylla, Delissea undulata, potential conservation value of an area, through publication in the proposed Neraudia ovata, Phyllostegia racemosa, and this may focus and contribute to critical habitat rule and this final rule. Phyllostegia velutina, and Pleomele conservation efforts by other parties by hawaiiensis. The primary direct benefit clearly delineating areas of high (2) Benefits of Exclusion of inclusion of these lands as critical conservation value for certain species. Proactive voluntary conservation habitat would result from the Information about the nine species for efforts are necessary to prevent the requirement under section 7 of the Act which critical habitat was proposed in extinction and promote the recovery of that Federal agencies consult with us to this portion of units Hawaii G, W, and these species on the island of Hawaii ensure that any proposed Federal Z that reaches a wide audience, and other Hawaiian islands (Shogren et actions do not destroy or adversely including other parties engaged in al. 1991; Wilcove and Chen 1998; modify critical habitat. conservation activities, could have a Wilcove et al. 1998). Consideration of The benefit of a critical habitat positive conservation benefit. This this concern is especially important in designation would ensure that any result has been achieved through an areas where species have been actions funded by or permits issued by exhaustive process that involved dozens extirpated and their recovery requires a Federal agency would not likely of public and interagency meetings, access and permission for destroy or adversely modify any critical media outreach including front-page reintroduction efforts (Bean 2002; habitat. Without critical habitat, some articles in major newspapers, and Wilcove et al. 1998). For example, three site-specific projects might not trigger several publications in the Federal of the nine species associated with consultation requirements under the Act Register. Final species-specific maps proposed units Hawaii G, W, and Z are in areas where species are not currently identifying habitat areas essential to the extirpated from Kamehameha Schools present; in contrast, Federal actions in conservation of these species on lands, and repopulation is likely not areas occupied by listed species would Kamehameha Schools lands have been possible without human assistance and still require consultation under section prepared and will be provided to landowner cooperation. 7 of the Act. Kamehameha Schools and other Kamehameha Schools is involved in Historically, we have conducted only interested parties. These maps will several important voluntary two formal and 21 informal ensure Kamehameha Schools is conservation agreements and is consultations under section 7 on the completely informed regarding what currently carrying out some of these
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activities for the conservation of these control program in 2002 in Honaunau lands within proposed critical habitat species. They have developed two Forest and Honaunau Uka. In both the units W and Z. The purpose of programs that demonstrate their Forest and Uka areas, they will continue Kamehameha Schools’ Safe Harbor conservation commitments, Aina Ulu the weed control program, along with a Agreement is to encourage voluntary and Malama Aina. The Aina Ulu timber certification program to write restoration and enhancement of habitat program implements land based certifiable plans and complete for threatened and endangered species, education programs, whereas Malama inventories. In the Honaunau Uka area, and to enable certain species to be Aina delivers focused stewardship of they will construct an ungulate reintroduced onto Kamehameha natural resources. exclosure fence and issue a contract for Schools’ lands where such species Malama Aina has been focused in two a botanical survey, and in the Honaunau formerly occurred, including the bird distinct areas, Keauhou in Kau District Forest the road will be maintained. species palila (Loxoides bailleui), as and North-South Kona, with a budget Funds allocated for the implementation well as Argyroxiphium kauense and commitment in 2002 of $1,000,000, not of these projects total $52,500 to Delissea undulata. Some of the including staff expenses. Kamehameha Honaunau Forest and $29,500 to conservation activities planned under Schools has more than 25 years of Honaunau Uka. Kaupulehu Kauila Lama this Agreement include fencing areas stewardship experience at Keauhou in Forest and Kaupulehu Uka lie within containing mamane (Sophora Kau District, which includes the Olaa- the proposed critical habitat unit Hawaii chrysophylla), removal of ungulates, Kilauea Management partnership Z. Conservation activities in the Aina control of ungulates in areas that are not project entered into on July 6, 1994. Ulu program at Kaupulehu Kauila Lama fenced, removal of predators (e.g., rats), This area is within proposed critical Forest include an intern program, an and the release of palila into the area. habitat unit Hawaii G. The vision for outreach coordinator, multimedia Currently, the Agreement being Keauhou is to restore the native curriculum development, small developed includes only the palila. ecosystems in order to utilize the entire mammal and weed control, road However, other listed and candidate area for education and cultural maintenance, installation of self- animal and plant species and other enrichment by using sustainable composting toilets, and precious wood- conservation activities will be added in economic ventures to support these gathering. Funds allocated for these the future (Peter Simmons, programs. Activities within this projects total $70,700. Malama Aina Kamehameha Schools, in litt. 2003). program include timber certification, projects at Kaupulehu Uka include As described earlier, Kamehameha large and small mammal control, weed timber certification, large mammal and Schools has a history of entering into control, koa thinning, propagation and weed control, ungulate exclosure conservation agreements with various outplanting of both rare and common fencing, inventory, monitoring and data Federal and State agencies and private native plants, inventory, monitoring and analysis of conservation actions and organizations on biologically important data analysis of stewardship efforts, road maintenance. Funds allocated for portions of their lands. These access road improvement, refuse clean those projects total $101,000. Partners arrangements have taken a variety of up, and the purchase of Keauhou Ranch. include: Hawaii Forest Industry forms. They include partnership Participating partners include: Cultural Association, the Service, DOFAW, local commitments such as the Olaa-Kilauea practitioners (the Edith Kanakaole residents, PIA Sports Properties (lessee), Partnership and the Dryland Forest Foundation and the Polynesian U.S. Forest Service, National Tropical Working Group. The listed plant species originally included within the Voyaging Society), ranching and timber Botanical Garden (lessee), and Honokaa interests (Hawaii Forest Industry Kamehameha Schools portion of High School. Pulehua lies within Association), researchers and scientists proposed units Hawaii G, W, and Z will proposed critical habitat unit Hawaii W. (University of Hawaii at Manoa and benefit substantially from their Conservation efforts at Pulehua are in Hilo, the Zoological Society of San voluntary management actions because the beginning stages. Conservation Diego, U.S. Forest Service, Hawaiian of a reduction in ungulate browsing and projects in 2003 will focus on weed Silversword Foundation, and USGS– habitat conversion, a reduction in control, with $7,500 allocated. In 2002, BRD), educators (Nawahi Charter competition with nonnative weeds, a an ungulate control program was School), natural resource managers reduction in risk of fire, and the initiated, which included $7,000 to (Olaa-Kilauea Management Group, reintroduction of species currently study ungulate issues in Kona. This DOFAW, the Service, HVNP, and The extirpated from various areas and for Nature Conservancy of Hawaii (TNCH)). year’s budget includes $35,000 for which the technical ability to propagate Malama Aina has allocated $681,000, ungulate control, with an additional these species currently exists or will be and Aina Ulu has allocated $33,000. $40,000 to construct enclosures to developed in the near future. Preservation of this area conserves measure the success of the control The conservation benefits of critical critically endangered species of plants efforts. habitat are primarily regulatory or and animals in a mix of ecosystems with Because Kamehameha Schools’ goal is prohibitive in nature. But on the island microenvironments required by some of to improve habitat for threatened and of Hawaii, simply preventing ‘‘harmful Hawaii’s rarest plants and animals, endangered species, the district is activities’’ will not slow the extinction including endangered forest birds and developing a Safe Harbor Agreement of listed plant species. Where consistent lobeliads (plants in the family with the Service and the State through with the discretion provided by the Act, Campanulaceae). This management the Safe Harbor program. The Safe we believe it is necessary to implement strategy is consistent with recovery of Harbor program encourages proactive policies that provide positive incentives these species. management to benefit endangered and to private landowners to voluntarily Kamehameha’s Schools North-South threatened species on non-Federal lands conserve natural resources, and that Kona natural resource conservation by providing regulatory assurances to remove or reduce disincentives to efforts focus on three distinct areas: landowners that no additional conservation (Michael 2001; Michael, in Honaunau Forest and Honaunau Uka, Endangered Species Act restrictions will press). Thus, we believe it is essential Kaupulehu Kauila Lama Forest and be imposed on future land, water, or for the recovery of these nine species to Kaupulehu Uka, and Pulehua. resource use for enrolled lands. The build on continued conservation Kamehameha Schools started a weed Safe Harbor Agreement would include activities, such as these with a proven
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partner, and to provide incentives for being managed by the landowner on a significant degree by Federal activities other private landowners on the island voluntary basis in cooperation with us, requiring section 7 consultation, and (b) of Hawaii who might be considering cultural practitioners (the Edith these areas are already occupied by six implementing voluntary conservation Kanakaole Foundation and the listed species and a section 7 nexus activities but have concerns about Polynesian Voyaging Society), ranching already exists. We are unable to identify incurring incidental regulatory or and timber interests (Hawaii Forest any other potential benefits associated economic impacts. Industry Association), researchers and with critical habitat for these portions of Approximately 80 percent of scientists (UH Manoa and Hilo, the the proposed units. imperiled species in the United States Zoological Society of San Diego, U.S. 5. We believe it is necessary to occur partly or solely on private lands Forest Service, Silversward Foundation, establish positive working relationships where the Service has little management and USGS–BRD), educators (Nawahi with representatives of the Native authority (Wilcove et al. 1996). In Charter School), and natural resource Hawaiian community. This approach of addition, recovery actions involving the managers (Olaa-Kilauea Management excluding critical habitat and entering reintroduction of listed species onto Group, DOFAW, HVNP, National into a mutually agreeable conservation private lands require the voluntary Tropical Botanical Garden, and TNCH) partnership strengthens this cooperation of the landowner (Bean to achieve important conservation goals. relationship and should lead to 2002; James 2002; Knight 1999; Main et 2. In the past, Kamehameha Schools conservation benefits beyond the al. 1999; Norton 2000; Shogren et al. has cooperated with Federal and State boundaries of Kamehameha Schools 1999; Wilcove et al. 1998). Therefore, ‘‘a agencies and private organizations to land. It is an important long term successful recovery program is highly implement voluntary conservation conservation goal of the Service to work dependent on developing working activities on their lands that have cooperatively with the Native Hawaiian partnerships with a wide variety of resulted in tangible conservation community to help recover Hawaii’s entities, and the voluntary cooperation benefits. endangered species. This partnership of thousands of non-Federal landowners 3. Simple regulation of ‘‘harmful with Kamehameha Schools is an and others is essential to accomplishing activities’’ is not sufficient to conserve important step forward toward this goal. recovery for listed species’’ (Crouse et these species. Landowner cooperation 6. While we didn’t find that al. 2002). Because large tracts of land and support is required to prevent the designating critical habitat on suitable for conservation of threatened extinction and promote the recovery of Kamehameha Schools land would have and endangered species are mostly all of the listed species on this island, a significant economic impact on them, owned by private landowners, because of the need to implement the potential cost of over $1.65 million successful recovery of listed species on proactive conservation actions such as could affect Kamehameha Schools’ the island of Hawaii is especially ungulate management, weed control, willingness to continue their dependent upon working partnerships fire suppression, plant propagation, and conservation partnerships. Even if they and the voluntary cooperation of private outplanting. This need for landowner did continue to implement conservation landowners. cooperation is especially acute because activities on their Kamehameha Kamehameha Schools owns over the proposed units Hawaii G, W, and Z Schools’ land, this potential cost may 6,800 acres of land proposed as critical are unoccupied by three of the nine result in a reduction of the amount of habitat in the Agricultural District. species. Future conservation efforts, funding they would commit to According to the final economic such as translocation of these three conservation activities. analysis, if this land were redistricted to plant species back into unoccupied 7. It is well documented that publicly the Conservation District, the total habitat on these lands, will require the owned lands and lands owned by potential loss in property value could be cooperation of Kamehameha Schools. private organizations alone are too small more than approximately $1,997,000. Exclusion of Kamehameha Schools and poorly distributed to provide for the They could also spend over $50,000 lands from this critical habitat conservation of most listed species contesting a proposed redistricting. designation will help the Service (Bean 2002; Crouse et al. 2002). Thus, designation of critical habitat on maintain and improve this partnership Excluding these Kamehameha Schools Kamehameha Schools land could result by formally recognizing the positive lands from critical habitat may, by way in an economic impact to the Trust of contributions of Kamehameha Schools of example, provide positive social, over $2 million. to plant recovery, and by streamlining legal, and economic incentives to other or reducing unnecessary oversight. non-Federal landowners on the island of (3) The Benefits of Exclusion Outweigh 4. Especially given the current Hawaii who own lands that could the Benefits of Inclusion partnership agreements between contribute to listed species recovery if Based on the above considerations, Kamehameha Schools and many other voluntary conservation measures on we have determined that the benefits of organizations, we believe the benefits of these lands are implemented (Norton excluding the Kamehameha Schools including Kamehameha Schools lands 2000; Main et al. 1999; Shogren et al. lands in proposed units Hawaii G, W, as critical habitat are relatively small. 1999; Wilcove and Chen 1998). As and Z as critical habitat outweigh the The designation of critical habitat can resources allow, the Service would be benefits of including them as critical serve to educate the general public as willing to consider future revisions or habitat for Argyroxiphium kauense, well as conservation organizations amendments to this final critical habitat Bonamia menziesii, Cyanea shipmanii, regarding the potential conservation rule if landowners affected by this rule Cyanea stictophylla, Delissea undulata, value of an area, but this goal is already develop conservation programs or Neraudia ovata, Phyllostegia racemosa, being accomplished through the partnerships (e.g., Habitat Conservation Phyllostegia velutina, and Pleomele identification of this area in the Plans, Safe Harbor Agreements, hawaiiensis. management agreements described conservation agreements) on their lands This conclusion is based on the above. Likewise, there will be little that outweigh the regulatory and other following factors: Federal regulatory benefit to the species benefits of a critical habitat designation. 1. A substantial amount of the because: (a) There is a low likelihood In conclusion, we find that the Kamehameha Schools lands in proposed that these proposed critical habitat units exclusion of critical habitat in the units Hawaii G, W, and Z is currently will be negatively affected to any Kamehameha Schools portions of
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proposed units Hawaii G, W, and Z likelihood these species will recover by Phyllostegia velutina, and Pleomele would most likely have a net positive encouraging other landowners to hawaiiensis. conservation effect on the recovery and implement voluntary conservation Queen Liliuokalani Trust conservation of these nine plant species activities as Kamehameha Schools has when compared to the positive done. The southwestern portion of proposed conservation effects of a critical habitat In addition, critical habitat is being unit Hawaii Y2 on Queen Liliuokalani designation. As described above, the designated on other areas of the island Trust land is unoccupied habitat for two overall benefits to these species of a of Hawaii for all seven of the endemic species: Isodendrion pyrifolium and critical habitat designation on species (units Hawaii 10— Neraudia ovata. According to our Kamehameha Schools lands are Argyroxiphium kauense—a, Hawaii published recovery plans, recovery of relatively small. In contrast, we believe 24—Argyroxiphium kauense—b, Hawaii these two species will require this exclusion will enhance our existing 25—Argyroxiphium kauense—c, Hawaii reproducing, self-sustaining populations partnership with Kamehameha Schools, 30—Argyroxiphium kauense—d, Hawaii located in a geographic array across the and it will set a positive example and 1—Cyanea shipmanii—a, Hawaii 30— landscape, with population numbers provide positive incentives to other Cyanea shipmanii—b, Hawaii 30— and population locations of sufficient non-Federal landowners who may be Cyanea shipmanii—c, Hawaii 15— robustness to withstand periodic threats considering implementing voluntary Cyanea stictophylla—a, Hawaii 16— caused by natural disaster or biological conservation activities on their lands. Cyanea stictophylla—b, Hawaii 24— threats (Service 1996, 1998). The highest We conclude there is a greater Cyanea stictophylla—c, Hawaii 30— priority recovery tasks include active likelihood of beneficial conservation Cyanea stictophylla—d, Hawaii 10— management, such as plant propagation activities occurring in these and other Neraudia ovata—a, Hawaii 18— and reintroduction, fire control, areas of the island of Hawaii without Neraudia ovata—d, Hawaii 1— nonnative species removal, and designated critical habitat than there Phyllostegia racemosa—a, Hawaii 2— ungulate fencing. Failure to implement would be with designated critical Phyllostegia racemosa—b, Hawaii 30— these active management measures on habitat on these Kamehameha Schools Phyllostegia racemosa—c, Hawaii 24— this and other units, all of which require lands. Phyllostegia velutina—a, Hawaii 30— voluntary landowner support and Phyllostegia velutina—b, Hawaii 7— participation, virtually assures the (4) Exclusion of This Unit Will Not Pleomele hawaiiensis—a, Hawaii 10— extinction of these species in the wild. Cause Extinction of the Species Pleomele hawaiiensis—b, Hawaii 18— Many of these types of conservation In considering whether or not Pleomele hawaiiensis—c, and Hawaii actions in this area of the island of exclusion of Kamehameha Schools 23—Pleomele hawaiiensis—d). Critical Hawaii will be carried out as part of lands in proposed units Hawaii G, W, habitat has also been designated Queen Liliuokalani Trust’s partnership and Z might result in the extinction of elsewhere on the island of Hawaii with the Service and by actions taken on any of these nine species, we first (Hawaii 10—Bonamia menziesii—a, the landowner’s initiative. These considered the impacts to the seven Hawaii 10—Delissea undulata—a, and activities, which are described in more species endemic to the island of Hawaii Hawaii 10—Delissea undulata—b) and detail below, require substantial (Argyroxiphium kauense, Cyanea designated on other islands for the voluntary cooperation by Queen shipmanii, Cyanea stictophylla, remaining two multi-island species Liliuokalani Trust. Neraudia ovata, Phyllostegia racemosa, within their historical range consistent The following analysis describes the Phyllostegia velutina, and Pleomele with the guidance in recovery plans. likely conservation benefits of a critical hawaiiensis), and second to the two Critical habitat has been designated for habitat designation compared to the species known from the island of Bonamia menziesii on Kauai (habitat for conservation benefits without critical Hawaii and one or more other Hawaiian two populations), Oahu (habitat for four habitat designation. We paid particular islands (Bonamia menziesii and populations), and Maui (habitat for one attention to the following issues: To Delissea undulata). population) (68 FR 9116; 68 FR 35949; what extent a critical habitat These agreements, which are 68 FR 25934). Habitat for one designation would confer regulatory described above, will provide tangible population is in the excluded lands on conservation benefits on these species; proactive conservation benefits that will Lanai (68 FR 1220). We have designated to what extent the designation would reduce the likelihood of extinction for critical habitat for Delissea undulata on educate members of the public such that both the seven endemic and the two Kauai (habitat for three populations) (68 conservation efforts would be enhanced; multi-island species in these areas of the FR 9116). These other designations and whether a critical habitat island of Hawaii and increase their identify conservation areas for the designation would have a positive, likelihood of recovery. Extinction for maintenance and expansion of the neutral, or negative impact on voluntary any of these species as a consequence of existing populations. conservation efforts on this privately this exclusion is unlikely because there In sum, the above analysis concludes owned land as well as other non-Federal are no known threats in these portions that an exclusion of Kamehameha lands on the island of Hawaii that could of proposed units Hawaii G, W, and Z Schools lands within proposed units contribute to recovery. due to any current or reasonably Hawaii G, W, and Z from final critical If a critical habitat designation anticipated Federal actions that might habitat on the island of Hawaii will reduces the likelihood that voluntary be regulated under section 7 of the Act. have a net beneficial impact with little conservation activities will be carried Further, these areas are already risk of negative impacts. Therefore, the out on the island of Hawaii, and at the occupied by six of the nine species and exclusion of the Kamehameha Schools same time fails to confer a counter- thereby benefit from the section 7 portions of proposed units Hawaii G, W, balancing positive regulatory or protections of the Act, should such an and Z will not cause extinction and educational benefit to the species, then unlikely Federal threat actually should in fact improve the chances of the benefits of excluding such areas materialize. The exclusion of these recovery for Argyroxiphium kauense, from critical habitat outweigh the Kamehameha Schools lands will not Bonamia menziesii, Cyanea shipmanii, benefits of including them. Although, increase the risk of extinction to any of Cyanea stictophylla, Delissea undulata, the results of this type of evaluation will these species, and it may increase the Neraudia ovata, Phyllostegia racemosa, vary significantly depending on the
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landowners, geographic areas, and conservation of these two species. It is contribute up to $10,000 toward the species involved, we believe the Queen anticipated that other portions of the propagation research project to be Liliuokalani Trust lands in proposed general public will likewise be better conducted by an expert acceptable to unit Hawaii Y2 merit this evaluation. informed of the value of this area as both Queen Liliuokalani Trust and the Queen Liliuokalani Trust implements Service. The trust will also integrate this (1) Benefits of Inclusion conservation activities on this land. effort with its cultural and educational Critical habitat in the Queen In sum, we believe that a critical programs with children and develop a Liliuokalani Trust portion of proposed habitat designation for listed plants on curriculum similar to one at Kaala unit Hawaii Y2 was proposed for Queen Liliuokalani Trust land would Farms in Waianae on Oahu, an island Isodendrion pyrifolium and Neraudia provide a relatively low level of where Isodendrion pyrifolium was ovata. The primary direct benefit of additional regulatory conservation historically found; (2) the Trust agrees inclusion of this portion of proposed benefits to Isodendrion pyrifolium and to set aside for outplanting 21 ha (53 ac) unit Hawaii Y2 as critical habitat would Neraudia ovata. Any regulatory of land, consisting of 10 ha (25 ac) in the result from the requirement under conservation benefits would accrue northern portion of the Queen section 7 of the Act that Federal through the benefit associated with Liliuokalani Trust property and 11 ha agencies consult with us to ensure that section 7 consultation associated with (28 ac) in the southeast portion. The any proposed Federal actions do not critical habitat. Based on a review of Trust will also allow for the destroy or adversely modify critical past consultations and consideration of reintroduction of Isodendrion habitat. the likely future activities in this pyrifolium, Neraudia ovata, and other Historically, we have conducted two specific area, we determined that there endangered species that may be found formal and 21 informal consultations is little Federal activity expected to and/or reintroduced on the property under section 7 on the island of Hawaii occur on this privately owned land that into the designated 22 ha (53 ac). These for any of the 47 plant species. None would trigger section 7 consultation. conservation measures are consistent were for Queen Liliuokalani Trust land. (2) Benefits of Exclusion with recovery of these species. As a result of the low level of previous We believe that both of the species for Federal activity on Queen Liliuokalani While the economic analysis which proposed unit Hawaii Y2 was Trust land, and after considering the concludes the designation of critical originally proposed will benefit from likely low probability of Federal habitat on Queen Liliuokalani Trust these management actions. The primary activities that might occur on this land land would not prevent them from benefits are the voluntary propagation (no anticipated Federal permits or developing their property, the analysis and eventual reintroduction of species funding), we think that there is likely to assumes it is reasonably foreseeable that currently extirpated from this area. be a low number of future Federal the designation could cause a delay in The conservation benefits of critical activities that would negatively affect development approvals as additional habitat are primarily regulatory or habitat on the Queen Liliuokalani Trust environmental studies may be prohibitive in nature. But, on the island portion of proposed critical habitat conducted, and State and county of Hawaii, simply preventing ‘‘harmful (DEA 2002). Therefore, there is a low officials investigate the implications of activities’’ will not slow the extinction regulatory benefit of a critical habitat critical habitat on the property. The of listed plant species (Bean 2002). designation in this area. value of the loss of this potential delay Where consistent with the discretion Another possible benefit is that the is estimated to be between $13.8 and provided by the Act, we believe it is designation of critical habitat can serve $21.6 million. necessary to implement policies that to educate the public regarding the In addition, proactive voluntary provide positive incentives to private potential conservation value of an area, conservation efforts are necessary to landowners to voluntarily conserve and this may focus and contribute to prevent the extinction and promote the natural resources, and that remove or conservation efforts by other parties by recovery of these listed plant species on reduce disincentives to conservation clearly delineating areas of high the island of Hawaii and other Hawaiian (Wilcove et al. 1998). We believe that a conservation value for certain species. islands (Shogren et al. 1999; Wilcove voluntary conservation agreement has Any information about these two and Chen 1998; Wilcove et al. 1998). the highest likelihood of success if species and their habitats that reaches a Consideration of this concern is critical habitat is not designated as wide audience, including other parties especially important in areas where currently proposed because the engaged in conservation activities, species have been extirpated and their landowner believes there is an could have a positive conservation recovery requires access and permission unacceptable risk that the critical benefit. for reintroduction efforts (Bean 2002; habitat designation will result in a While we believe this educational Wilcove et al. 1998). For example, since decrease in Queen Liliuokalani Trust’s outcome is important for Isodendrion both species associated with proposed ability to remain economically viable. If pyrifolium and Neraudia ovata, we unit Y2 are extirpated from Queen so, they would lose the ability to believe it has mostly been achieved. Liliuokalani Trust land, repopulation is generate enough income for programs Through the proposal of critical habitat, likely not possible without human that benefit orphan and destitute proposed unit Hawaii Y2, including the assistance and landowner cooperation. Hawaiian children. We believe that the portion that lies within Queen Under the terms of its January 17, landowner’s concerns over these Liliuokalani Trust land, has been 2003, proposal to the Service, Queen potential negative impacts, should identified as essential to the Liliuokalani Trust has agreed to critical habitat be designated, would conservation of two of the 47 plant implement a voluntary conservation affect its voluntary conservation efforts, species addressed in this rule. In partnership with the Service which will which we believe are necessary to addition, the proposed conservation benefit these species. The conservation conserve these species. activities to be conducted within partnership includes the following: (1) Thus, we believe it is essential for the proposed unit Hawaii Y2, assisted by The Trust is willing to partner with us recovery of Isodendrion pyrifolium and the Service, demonstrates that the on a propagation project for the Neraudia ovata to instigate voluntary landowner is already aware of the Isodendrion pyrifolium under a Service conservation activities such as these importance of this area for the cost-sharing agreement. The Trust will that would otherwise not have occurred
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on this property and to provide positive management, weed control, fire boundaries of Queen Liliuokalani Trust incentives for other private landowners suppression, plant propagation, and land. The Service has an important long on the island of Hawaii who might be outplanting. This need for landowner term conservation goal to work considering implementing voluntary cooperation is especially acute because cooperatively with the Native Hawaiian conservation activities but have proposed unit Hawaii Y2 is unoccupied community to help recover Hawaii’s concerns about incurring incidental by both of these species. Future endangered species. The partnership regulatory or economic impacts. conservation efforts, such as with Queen Liliuokalani Trust, as Approximately 80 percent of imperiled reintroduction of these plant species articulated in the Trust’s letter to us, is species in the United States occur partly back onto these lands, will require the an important step forward toward this or solely on private lands where the cooperation of Queen Liliuokalani goal. Service has little management authority Trust. Exclusion of Queen Liliuokalani 5. While we didn’t find designating (Wilcove et al. 1996). In addition, Trust’s land from this critical habitat critical habitat on Queen Lilioukolani recovery actions involving the designation will help the Service Trust land would prevent the Trust from reintroduction of listed species onto maintain and improve the voluntary proceeding with their proposed private lands require the voluntary cooperation of Queen Liliuokalani Trust development or have a significant cooperation of the landowner (Bean by formally recognizing the positive economic impact on them, the potential 2002; James 2002; Knight 1999; Main et contributions of Queen Liliuokalani cost of up to $21.6 million due to al. 1999; Norton 2000; Shogren et al. Trust to plant conservation, and by possible delays in obtaining State and 1999; Wilcove et al. 1998). Therefore, ‘‘a streamlining or reducing unnecessary county approvals and completing the successful recovery program is highly regulatory oversight. A critical habitat development could affect their dependent on developing working designation absent this cooperation willingness to continue their partnerships with a wide variety of would provide little meaningful conservation partnerships. Even if they entities, and the voluntary cooperation conservation benefit to these species did continue to implement conservation of thousands of non-Federal landowners because the land would likely remain activities on their land, this potential and others is essential to accomplishing unoccupied. cost may result in a reduction of the recovery for listed species’ (Crouse et al. 3. Given the agreement between the amount of funding available for 2002). Because large tracts of land landowner and us, as well as other implementing conservation activities. In suitable for conservation of threatened planned conservation activities on their addition, Queen Lilioukolani Trust uses and endangered species are owned by property, we believe the overall revenue from its land holding to provide private landowners, successful recovery regulatory and educational benefits of care for orphans and destitute children of listed species on the island of Hawaii including this portion of the unit as (with a preference to children of Native is especially dependent upon working critical habitat are relatively small. The Hawaiian ancestry). This potential partnerships and the voluntary designation of critical habitat can serve reduction in revenue could have cooperation of non-Federal landowners. to educate the general public as well as significant social and cultural impacts Without additional voluntary conservation organizations regarding the on the community. conservation efforts for these two potential conservation value of an area, 6. It is well documented that publicly species, recovery will not occur. but this goal has been effectively owned lands, lands owned by accomplished through the identification conservation organizations and (3) The Benefits of Exclusion Outweigh of this area in the January 17, 2003, privately owned lands alone, are too the Benefits of Inclusion proposal described above. Likewise, small and poorly distributed to provide Based on the above considerations, there will be little Federal regulatory for the conservation of most listed we have determined that the benefits of benefit to the species because (a) there species (Bean 2002, Crouse et al. 2002). excluding the Queen Liliuokalani Trust is a low likelihood that this proposed Excluding these privately owned lands portion of proposed unit Hawaii Y2 critical habitat unit will be negatively from critical habitat may, by way of from critical habitat outweigh the affected to any significant degree by example, provide positive social, legal, benefits of including it as critical habitat Federal activities requiring section 7 and economic incentives to other non- for Isodendrion pyrifolium and consultation, and (b) the fear that a Federal landowners on the island of Neraudia ovata. critical habitat designation on this Hawaii who own lands that could This conclusion is based on the property will harm the ability of this contribute to listed species recovery if following factors: landowner to generate funds to benefit voluntary conservation measures on 1. The Queen Liliukolani Trust has orphan and destitute Hawaiian children, these lands are implemented (Norton agreed to implement voluntary and any positive educational benefit of 2000; Main et al. 1999; Shogren et al. conservation measures for Isodendrion designation is negatively impacted 1999; Wilcove and Chen 1998). pyrifolium and Neraudia ovata on when the impression is given that In conclusion, we find that the currently unoccupied habitat within conservation goals can undermine the exclusion of critical habitat in the Queen Liliuokalani Trust’s portion of philanthropic goals of the landowner. Queen Liliuokalani Trust portion of proposed unit Hawaii Y2. We are unable to identify any other proposed unit Hawaii Y2 would have a 2. Simple regulation of ‘‘harmful potential benefits associated with net positive conservation effect on the activities’’ is not sufficient to conserve critical habitat for this portion of the recovery and conservation of these species. Critical habitat proposed unit. Isodendrion pyrifolium and Neraudia designation would not encourage, and 4. We believe it is necessary to ovata when compared to the may discourage, reintroductions of these establish positive working relationships conservation effects of a critical habitat species to these lands. Landowner with representatives of the Native designation. As described above, the cooperation and support will be Hawaiian community. This approach of overall benefits to these species of a required to prevent the extinction and excluding critical habitat and entering critical habitat designation on the promote the recovery of all of the listed into a mutually agreeable conservation Queen Liliuokalani Trust portion of island-endemic species caused by the partnership strengthens this proposed unit Hawaii Y2 are relatively need to implement proactive relationship and should lead to small. We conclude there is a greater conservation actions such as ungulate conservation benefits beyond the likelihood of beneficial conservation
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activities occurring in this area of the have designated critical habitat for Summary of Recovery Populations for island of Hawaii without designated Isodendrion pyrifolium within its 255 Hawaiian Plants critical habitat than there would be with historical range on Oahu (habitat for designated critical habitat in this three populations), Molokai (habitat for During the public comment periods location. We reached this conclusion one population), and Maui (habitat for on the proposed designations and because the landowner has agreed to two populations) (68 FR 35949, June 17, nondesignations of critical habitat for implement voluntary conservation 2003; 68 FR 12982, March 19, 2003; 68 plants from the islands of Kauai, Niihau, efforts on their lands without critical FR 25934, May 14, 2003). In addition, Lanai, Maui, Molokai, Northwestern habitat designation. Therefore, we habitat for two populations is within the Hawaiian Islands, Oahu, and the island conclude that the benefits of excluding area excluded from critical habitat on of Hawaii, we received several this portion of proposed unit Hawaii Y2 Lanai (68 FR 1220, January 9, 2003). comments regarding the difficulty of from critical habitat for Isodendrion These other designations identify commenting in an informed manner on pyrifolium and Neraudia ovata conservation areas for the maintenance critical habitat for species occurring on outweigh the benefits of including it. and expansion of the existing more than one island because the populations. (4) Exclusion of This Unit Will Not proposed rules did not provide In sum, the above analysis concludes information on critical habitat proposed Cause Extinction of the Species that an exclusion of Queen Liliuokalani on other islands for multi-island Trust land within proposed unit Hawaii In considering whether or not species. To address this concern, on Y2 from final critical habitat on the exclusion of the Queen Liliuokalani August 20, 2002, we reopened Trust portion of proposed unit Hawaii island of Hawaii will have a net beneficial impact with little risk of simultaneous comment periods for the Y2 might result in the extinction of proposed designations and either of these two species, we first negative impacts. Therefore, the nondesignations of critical habitat for considered the impacts to the species exclusion of the Queen Liliuokalani plant species on the islands of Kauai, endemic to the island of Hawaii, Trust portion of proposed unit Hawaii Niihau, Maui, Molokai, and the Neraudia ovata, and second to Y2 will not cause extinction and should Isodendrion pyrifolium, which is known in fact improve the chances of recovery Northwestern Hawaiian Islands until from the island of Hawaii and other for Isodendrion pyrifolium and September 30, 2002, and for plant Hawaiian islands. Neraudia ovata. species on the islands of Hawaii and Oahu until November 30, 2002. The For both the endemic and the multi- Other Private Landowners island species, we conclude that the new comment periods allowed all As resources allow, the Service would voluntary conservation measures to be interested parties to review all the be willing to consider future revisions provided by Queen Liliuokalani Trust proposals together and submit written or amendments to this final critical and the Service will provide more net comments. A comment period for the habitat rule if other landowners affected conservation benefits than would be proposed designations and by this rule develop conservation provided by designating the portion of nondesignations of critical habitat for programs or partnerships (e.g., Habitat proposed unit Hawaii Y2 as critical plant species on Lanai opened on July Conservation Plans, Safe Harbor habitat. These conservation measures, 15, 2002, and closed on August 30, Agreements, conservation agreements, which are described above, will provide 2002, overlapping with the reopened etc.) on their lands that outweigh the comment periods for the islands tangible proactive conservation benefits regulatory and educational benefits of a mentioned above. that will reduce the likelihood of critical habitat designation. extinction for the two listed plants in As outlined in the above section this area of the island of Hawaii and Taxonomic Changes ‘‘Criteria Used to Identify Critical increase their likelihood of recovery. At the time we listed Delissea Habitat,’’ the overall recovery goal Extinction for either of these species as undulata, Hibiscus brackenridgei, stated in the recovery plans for each of a consequence of this exclusion is Mariscus fauriei, Mariscus these species includes the establishment unlikely because there are no known pennatiformis, and Phyllostegia of 8 to 10 populations with a minimum threats in this portion of proposed unit parviflora, we followed the taxonomic of 100 mature reproducing individuals Hawaii Y2 due to any current or treatments in Wagner et al. (1990), the per population for long-lived reasonably anticipated Federal actions widely used and accepted Manual of the perennials; 300 mature reproducing that might be regulated under section 7 Flowering Plants of Hawaii. Subsequent of the Act. Implementation of the individuals per population for short- to the final listing, we became aware of lived perennials; and 500 mature conservation measures by Queen new taxonomic treatments of these reproducing individuals per population Liliuokalani Trust, and the exclusion of species. Also, in the recently published for annuals. There are some specific their portion of proposed unit Hawaii Hawaii’s Ferns and Fern Allies (Palmer Y2, have the greatest likelihood of 2003), Asplenium fragile var. insulare exceptions to this general recovery goal preventing extinction of these two has undergone a taxonomic revision. of 8 to 10 populations for species that species, especially Neraudia ovata, Due to the court-ordered deadlines, we are believed to be very narrowly which is endemic to the island of are required to publish this final rule to distributed on a single island. To be Hawaii. designate critical habitat on the island considered recovered, the populations In addition, critical habitat is being of Hawaii before we can prepare and of a multi-island species should be designated on other areas of the island publish a notice of taxonomic changes distributed among the islands of its of Hawaii for Neraudia ovata (Hawaii for these six species. We plan to publish known historic range. In this final 10—Neraudia ovata—a and Hawaii 18— a taxonomic change notice for these six critical habitat rule, we include a table Neraudia ovata—d), and critical habitat species after we have published the that summarizes the distribution of has been designated elsewhere in the final critical habitat designation on the recovery populations by island for each state for Isodendrion pyrifolium. We island of Hawaii. of the 255 species at issue (Table 5).
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TABLE 5.—SUMMARY OF ISLAND DISTRIBUTION OF RECOVERY POPULATIONS FOR 255 LISTED HAWAIIAN PLANTS
Island Distribution Species Niihau Totals Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe NWHI
Abutilon eremitopetalum ...... *8 ...... 8 Abutilon sandwicense ...... 10 ...... 10 Acaena exigua† ...... 0 ...... 0 ...... 0 Achyranthes mutica ...... 2 0 ...... 10 ...... 10 Adenophorus periens ...... 4 1 4 *1 2 0 1 ...... 11 Alectryon macrococcus ...... 2 2 1 *4 ...... 9 Alsinidendron lychnoides ...... 10 ...... 10 Alsinidendron obovatum ...... *1 8 ...... 1 8 Alsinidendron trinerve ...... *1 7 ...... 1 7 Alsinidendron viscosum ...... 9 ...... 9 Amaranthus brownii ...... 1 1 (Nihoa) ...... 181 Argyroxiphium kauense ...... *1 8 ...... 178 Argyroxiphium sandwicense ssp. macrocephalum ...... 5 1 ...... 5 1 Asplenium fragile var. insulare ...... *2 *8 ...... 10 Bidens micrantha ssp. kalealaha ...... 3 7 ...... 10 Bidens wiebkei ...... *9 ...... 9 Bonamia menziesii ...... 2 4 2 0 *1 1 1 ...... 9 Brighamia insignis ...... 9 ...... 1 (Niihau) ...... 10 Brighamia rockii ...... 4 *3 3 ...... 10 Canavalia molokaiensis ...... *10 ...... 10 Cenchrus agrimonioides ...... 7 ...... *1 2 2 0 0 (NWHI)...... 10 Centaurium sebaeoides ...... 4 2 1 *1 2 ...... 10 Chamaesyce celastroides var. kaenana ...... 1 7 ...... 1 7 Chamaesyce deppeana ...... 1 2 ...... 1 2 Chamaesyce halemanui ...... 10 ...... 10 Chamaesyce herbstii ...... 1 7 ...... 1 7 Chamaesyce kuwaleana ...... 1 7 ...... 1 7 Chamaesyce rockii ...... *10 ...... 10 Clermontia drepanomorpha ...... 1 6 ...... 1 6 Clermontia lindseyana ...... 2 8 ...... 10 Clermontia oblongifolia ssp. brevipes ...... 7 ...... 7 Clermontia oblongifolia ssp. mauiensis ...... *3 7 ...... 10 Clermontia peleana ...... 2 0 10 ...... 10 Clermontia pyrularia ...... 1 6 ...... 1 6 Clermontia samuelii ...... 1 5 ...... 1 5 Colubrina oppositifolia ...... 3 ...... 3 4 ...... 10 Ctenitis squamigera ...... 1 1 1 *1 *5 2 0 ...... 9 Cyanea acuminata ...... *10 ...... 10 Cyanea asarifolia ...... 10 ...... 10 Cyanea copelandii ssp. copelandii† ...... 0 ...... 0 Cyanea copelandii ssp. haleakalaensis ...... 8 ...... 8 Cyanea crispa ...... *10 ...... 10 Cyanea dunbarii ...... 10 ...... 10 Cyanea glabra ...... 10 ...... 10 Cyanea grimesiana ssp. grimesiana ...... *4 2 *2 ...... 10. Cyanea grimesiana ssp. obatae ...... *8 ...... 8 Cyanea hamatiflora ssp. carlsonii ...... 1 8 ...... 1 8 Cyanea hamatiflora ssp. hamatiflora ...... 8 ...... 8 Cyanea humboltiana ...... *10 ...... 10 Cyanea koolauensis ...... *10 ...... 10 Cyanea lobata ...... *3 7 ...... 10 Cyanea longiflora ...... *10 ...... 10 Cyanea macrostegia ssp. gibsonii ...... *8 ...... 8 Cyanea mannii ...... *10 ...... 10 Cyanea mceldowneyi ...... 1 5 ...... 1 5 Cyanea pinnatifida ...... 1 4 ...... 1 4 Cyanea platyphylla ...... 9 ...... 9 Cyanea procera ...... *10 ...... 10 Cyanea recta ...... 10 ...... 10 Cyanea remyi ...... 10 ...... 10 Cyanea shipmanii ...... 1 7 ...... 1 7 Cyanea stictophylla ...... 10 ...... 10 Cyanea st.-johnii ...... *10 ...... 10 Cyanea superba ...... 8 ...... 8 Cyanea truncata ...... 10 ...... 10 Cyanea undulata ...... 1 5 ...... 1 5 Cyperus trachysanthos ...... 6 3 2 0 2 0 ...... 3 0 (Niihau) ...... 9 Cyrtandra crenata ...... 0 ...... 0
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TABLE 5.—SUMMARY OF ISLAND DISTRIBUTION OF RECOVERY POPULATIONS FOR 255 LISTED HAWAIIAN PLANTS— Continued
Island Distribution Species Niihau Totals Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe NWHI
Cyrtandra cyaneoides ...... 10 ...... 10 Cyrtandra dentata ...... *8 ...... 8 Cyrtandra giffardii ...... 10 ...... 10 Cyrtandra limahuliensis ...... 10 ...... 10 Cyrtandra munroi ...... *3 7 ...... 10 Cyrtandra polyantha ...... 1 5 ...... 1 5 Cyrtandra subumbellata ...... 1 7 ...... 1 7 Cyrtandra tintinnabula ...... 9 ...... 9 Cyrtandra viridiflora ...... *8 ...... 8 Delissea rhytidosperma ...... 1 6 ...... 1 6 Delissea rivularis ...... 1 3 ...... 1 3 Delissea subcordata ...... 10 ...... 10 Delissea undulata ...... 3 ...... 2 0*52 0 (Niihau) ...... 8 Diellia erecta ...... 1 1 1 *1 3 2 ...... 9 Diellia falcata ...... *10 ...... 10 Diellia pallida ...... 1 3 ...... 1 3 Diellia unisora ...... 1 6 ...... 1 6 Diplazium molokaiense ...... 1 1 1 *1 6 ...... 10 Dubautia herbstobatae ...... 1 6 ...... 1 6 Dubautia latifolia ...... 1 7 ...... 1 7 Dubautia pauciflorula ...... 1 4 ...... 1,6 4 Dubautia plantaginea ssp. humilis ...... 1 6 ...... 1 6 Eragrostis fosbergii ...... 1 1 ...... 1 1 Eugenia koolauensis ...... *6 2 ...... 8 Euphorbia haeleeleana ...... 6 4 ...... 10 Exocarpos luteolus ...... 10 ...... 10 Flueggea neowawraea ...... 4 *2 1 ...... *1 2 ...... 10 Gahnia lanaiensis ...... *8 ...... 8 Gardenia mannii ...... *10 ...... 10 Geranium arboreum ...... 1 7 ...... 1 7 Geranium multiflorum ...... *8 ...... 8 Gouania meyenii ...... 5 *5 ...... 10 Gouania vitifolia ...... 7 ...... 1 2 ...... 10 Hedyotis cookiana ...... 1 7 ...... 2 0 ...... 1 7 Hedyotis coriacea ...... 2 ...... 2 *6 ...... 10 Hedyotis degeneri ...... 9 ...... 9 Hedyotis mannii ...... * 4 * 2 2 ...... 8 Hedyotis parvula ...... * 9 ...... 9 Hedyotis schlechtendahliana var. remyi ...... * 8 ...... 8 Hedyotis st.-johnii ...... 1 7 ...... 1 7 Hesperomannia arborescens ...... * 6 2 * 1 *2 ...... 11 Hesperomannia arbuscula ...... 5 ...... 5 ...... 10 Hesperomannia lydgatei ...... 6 5 ...... 6 5 Hibiscadelphus giffardianus ...... 1 1 ...... 1 1 Hibiscadelphus hualalaiensis ...... 8 ...... 8 Hibiscadelphus woodii ...... 1 5 ...... 1 5 Hibiscus arnottianus ssp. immaculatus ...... 1 6 ...... 1 6 Hibiscus brackenridgei ...... 2 0 3 1 * 1 3 1 3 0 (Kahoolawe) .... 9 Hibiscus clayi ...... 1 6 ...... 1 6 Hibiscus waimeae ssp. hannerae ...... 8 ...... 8 Ischaemum byrone ...... 3 ...... 2 ...... 2 3 ...... 10 Isodendrion hosakae ...... 8 ...... 8 Isodendrion laurifolium ...... 4 6 ...... 10 Isodendrion longifolium ...... 6 4 ...... 10 Isodendrion pyrifolium ...... 2 0 3 1 * 2 2 0 2 0 (Niihau) ...... 8 Kanaloa kahoolawensis ...... 1 6 (Kahoolawe) .... 1 6 Kokia kauaiensis ...... 8 ...... 8 Labordia cyrtandrae ...... * 10 ...... 10 Labordia lydgatei ...... 6 ...... 6 6 Labordia tinifolia var. lanaiensis ...... * 8 ...... 8 Labordia tinifolia var. wahiawaensis ...... 1 4 ...... 1 4 Labordia triflora ...... * 8 ...... 8 Lepidium arbuscula ...... * 10 ...... 10 Lipochaeta fauriei ...... 1 6 ...... 1 6 Lipochaeta kamolensis ...... * 1 6 ...... 1 6 Lipochaeta lobata var. leptophylla ...... 10 ...... 10 Lipochaeta micrantha ...... 1 4 ...... 1 4
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TABLE 5.—SUMMARY OF ISLAND DISTRIBUTION OF RECOVERY POPULATIONS FOR 255 LISTED HAWAIIAN PLANTS— Continued
Island Distribution Species Niihau Totals Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe NWHI
Lipochaeta tenuifolia ...... * 1 5 ...... 1 5 Lipochaeta waimeaensis ...... 1 1 ...... 1 1 Lobelia gaudichaudii ssp. koolauensis ...... * 9 ...... 9 Lobelia monostachya ...... 1 7 ...... 1 7 Lobelia niihauensis ...... 7 * 3 ...... 10 Lobelia oahuensis ...... 10 ...... 10 Lysimachia filifolia ...... 4 6 ...... 10 Lysimachia lydgatei ...... * 8 ...... 8 Lysimachia maxima ...... 10 ...... 10 Mariscus fauriei ...... 7 2 0 ...... 1 ...... 8 Mariscus pennatiformis ...... 3 4 ...... 2 2 0 1 (NWHI)...... 10 Marsilea villosa ...... 4 4 0 ...... 6 4 Melicope adscendens ...... * 1 1 ...... 1 1 Melicope balloui ...... * 1 3 ...... 1 3 Melicope haupuensis ...... 1 7 ...... 1 7 Melicope knudsenii ...... 1 5 ...... * 1 2 ...... 1 7 Melicope lydgatei ...... * 10 ...... 10 Melicope mucronulata ...... * 7 ...... * 2 ...... 9 Melicope munroi ...... 2 0 * 8 ...... 8 Melicope ovalis ...... 3 ...... 3 Melicope pallida ...... 3 6 ...... 9 Melicope reflexa ...... 8 ...... 8 Melicope quadrangularis † ...... 0 ...... 0. Melicope saint-johnii ...... 1 3 ...... 1 3 Melicope zahlbruckneri ...... 1 3 ...... 1 3 Munroidendron racemosum ...... 10 ...... 10 Myrsine juddii ...... *10 ...... 10 Myrsine linearifolia ...... 9 ...... 9 Neraudia angulata ...... *10 ...... 10 Neraudia ovata ...... *8 ...... 8 Neraudia sericea † ...... 6 *1 7 ...... 2 0 (Kahoolawe) .... 14 Nothocestrum breviflorum ...... 9 ...... 9 Nothocestrum peltatum ...... 9 ...... 9 Nototrichium humile ...... *8 ...... 2 ...... 10 Ochrosia kilaueaensis † ...... 0 ...... 0 Panicum niihauense ...... 1 7 ...... 1 7 Peucedanum sandwicense ...... 4 *2 3 ...... 2 ...... 11 Phlegmariurus mannii ...... 2 0 ...... *8 2 0 ...... 8 Phlegmariurus nutans ...... 3 *7 ...... 10 Phyllostegia glabra var. lanaiensis † ...... 0 ...... 0 Phyllostegia hirsuta ...... *9 ...... 9 Phyllostegia kaalaensis ...... 10 ...... 10 Phyllostegia knudsenii ...... 1 3 ...... 1 3 Phyllostegia mannii ...... *8 ...... 2 ...... 10 Phyllostegia mollis ...... *4 *3 ...... 3 ...... 10 Phyllostegia parviflora ...... 9 ...... 2 0 2 0 ...... 9 Phyllostegia racemosa ...... *10 ...... 10 Phyllostegia velutina ...... *10 ...... 10 Phyllostegia waimeae ...... 1 1 ...... 1 1 Phyllostegia warshaueri ...... 10 ...... 10 Phyllostegia wawrana ...... 8 ...... 8 Plantago hawaiensis ...... 10 ...... 10 Plantago princeps ...... 4 3 1 ...... 2 2 0 ...... 10 Platanthera holochila ...... 4 2 *2 ...... 2 ...... 10 Pleomele hawaiiensis ...... *10 ...... 10 Poa mannii ...... 10 ...... 10 Poa sandvicensis ...... 7 ...... 7 Poa siphonoglossa ...... 10 ...... 10 Portulaca sclerocarpa ...... 1 ...... *9 ...... 10 Pritchardia affinis † ...... 0 ...... 0 Pritchardia aylmer-robinsonii † ...... 0 (Niihau) ...... 0 Pritchardia kaalae † ...... 0 ...... 0 Pritchardia munroi † ...... 0 ...... 0 Pritchardia napaliensis † ...... 0 ...... 0 Pritchardia remota ...... 1 2 (NWHI) ...... 1,8 2 Pritchardia schattaueri † ...... 0 ...... 0 Pritchardia viscosa † ...... 0 ...... 0
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TABLE 5.—SUMMARY OF ISLAND DISTRIBUTION OF RECOVERY POPULATIONS FOR 255 LISTED HAWAIIAN PLANTS— Continued
Island Distribution Species Niihau Totals Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe NWHI
Pteralyxia kauaiensis ...... 9 ...... 9 Pteris lidgatei ...... *4 3 ...... 3 ...... 10 Remya kauaiensis ...... 10 ...... 10 Remya mauiensis ...... *1 6 ...... 1 6 Remya montgomeryi ...... 1 7 ...... 1 7 Sanicula mariversa ...... 1 6 ...... 1 6 Sanicula purpurea ...... *6 ...... 4 ...... 10 Schiedea apokremnos ...... 9 ...... 9 Schiedea haleakalensis ...... 1 2 ...... 1 2 Schiedea helleri ...... 1 7 ...... 1 7 Schiedea hookeri ...... *10 ...... 2 0 ...... 10 Schiedea kaalae ...... 10 ...... 10 Schiedea kauaiensis ...... 1 7 ...... 1 7 Schiedea kealiae ...... 1 4 ...... 1 4 Schiedea lydgatei ...... 10 ...... 10 Schiedea membranacea ...... 7 ...... 7 Schiedea nuttallii ...... 2 6 2 ...... 2 0 ...... 10 Schiedea sarmentosa ...... 10 ...... 10 Schiedea spergulina var. leiopoda ...... 1 1 ...... 1 1 Schiedea spergulina var. spergulina ...... 1 6 ...... 1 6 Schiedea stellarioides ...... 1 6 ...... 1 6 Schiedea verticillata ...... 1 1(NWHI) ...... 181 Sesbania tomentosa ...... 2 2 2 3 0 2 2 3 0 (Kahoolawe) 2 12 (NWHI). Sicyos alba ...... 10 ...... 10 Silene alexandri ...... * 10 ...... 10 Silene hawaiiensis ...... * 10 ...... 10 Silene lanceolata ...... 0 * 2 2 0 ...... * 6 ...... 10 Silene perlmanii ...... 1 6 ...... 1 6 Solanum incompletum ...... 0 ...... 0 * 1 0 * 9 ...... 10 Solanum sandwicense ...... 6 * 4 ...... 10 Spermolepis hawaiiensis ...... 2 2 1 * 1 2 * 2 ...... 10 Stenogyne bifida ...... * 10 ...... 10 Stenogyne campanulata ...... 1 3 ...... 1 3 Stenogyne kanehoana ...... * 1 5 ...... 1 5 Tetramolopium arenarium ...... 2 0 * 1 7 ...... * 1 7 Tetramolopium capillare ...... 1 6 ...... 1 6 Tetramolopium filiforme ...... * 1 6 ...... 1 6 Tetramolopium lepidotum ssp. lepidotum ...... 8 ...... 2 0 ...... 8 Tetramolopium remyi ...... * 6 3 ...... 9 Tetramolopium rockii ...... 1 4 ...... 1 4 Tetraplasandra gymnocarpa ...... * 9 ...... 9 Trematolobelia singularis ...... 1 6 ...... 1 6 Urera kaalae ...... * 9 ...... 9 Vigna o-wahuensis ...... 0 3 * 1 * 1 1 4 3 0 (Kahoolawe) .... 10 Viola chamissoniana ssp. chamissoniana ...... * 10 ...... * 10 Viola helenae ...... 6 5 ...... 6 5 Viola kauaiensis var. wahiawaensis ...... 1 5 ...... 1 5 Viola lanaiensis ...... * 8 ...... 8 Viola oahuensis ...... * 10 ...... 10 Wilkesia hobdyi ...... 9 ...... 9 Xylosma crenatum ...... 1 5 ...... 1 5 Zanthoxylum dipetalum var. tomentosum ...... 1 7 ...... 1 7 Zanthoxylum hawaiiense ...... 2 ...... 1 0 1 * 6 ...... 10 * Including on lands excluded under 4(b)(2)). † Critical habitat not prudent. 1 We do not believe that sufficient suitable habitat currently exists to reach the recovery goal of 8 to 10 populations. 2 We are unable to identify any habitat essential to its conservation on the island. 3 Habitat not essential to the conservation of the species. 4 We plan to publish a separate rule to designate critical habitat for the species. 5 Only one population of greater than 50,000 mature individuals is required for recovery of this species. 6 Five to six populations required for recovery. 7 At least 10 populations of 2,000 individuals are required for recovery of this species. 8 At least five populations on Nihoa and one to three additional populations on another island.
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This table includes the following analysis that describes the effect of the Kamehameha Schools is the largest information: (1) The number of rule on small entities (i.e., small charitable trust in Hawaii, as well as the populations on each island we believe businesses, small organizations, and State’s largest private landowner; it also the designated critical habitat or other small governmental jurisdictions). has a substantial investment in habitat essential for the conservation of However, no regulatory flexibility securities and owns real estate in other the species can provide for; (2) the analysis is required if the head of the states. In 2001, Kamehameha Schools species for which we are unable to agency certifies that the rule will not had over $1 billion in revenues, gains, identify any habitat essential to their have a significant economic impact on and other support (Kamehameha conservation (e.g., Adenophorus periens a substantial number of small entities. Schools 2001). Thus, it is not likely to on Maui); (3) the species for which SBREFA amended the RFA to require be considered a small organization. sufficient habitat essential to their Federal agencies to provide a statement To determine if the rule would affect conservation is not available for at least of the factual basis for certifying that a a substantial number of small private eight populations (e.g., Alsinidendron rule will not have a significant entities, we consider the number of obovatum on the island of Oahu); the economic impact on a substantial small entities affected within particular species for which we determined the number of small entities. types of economic activities (e.g., designation of critical habitat is not Based on the information in our housing development, grazing, oil and prudent (e.g., Pritchardia kaalae); economic analysis (draft economic gas production, timber harvesting) in proposed critical habitat identified as analysis and addendum), we are this particular area/market affected by not essential during the public comment certifying that the critical habitat the regulation. We apply the periods and removed from final designation for 41 island of Hawaii ‘‘substantial number’’ test individually designation (e.g., proposed critical plant species will not have a significant to each industry to determine if habitat for Sesbania tomentosa on effect on a substantial number of small certification is appropriate. In Kahoolawe); the species for which the entities because a substantial number of estimating the numbers of small entities general recovery goal of 8 to 10 small entities are not affected by the potentially affected, we also consider populations does not apply (e.g., designation. whether their activities have any Hesperomannia lydgatei); and the SBREFA does not explicitly define Federal involvement. Some kinds of species whose population recovery either ‘‘substantial number’’ or activities are unlikely to have any goals include habitat that has been ‘‘significant economic impact.’’ Federal involvement, and so will not be excluded from critical habitat Consequently, to assess whether a affected by critical habitat designation. designation under section 4(b)(2) of the ‘‘substantial number’’ of small entities is The primary projects and activities by Act. affected by this designation, this private entities that might be directly analysis considers the relative number affected by the designation that could Required Determinations of small entities likely to be impacted in affect small entities include farming and the area. Similarly, this analysis ranching operations and lending Regulatory Planning and Review considers the relative cost of institutions. Based on our draft In accordance with Executive Order compliance on the revenues/profit economic analysis and addendum, there 12866, the Office of Management and margins of small entities in determining were 1,400 diversified farmers and 470 Budget (OMB) has determined that this whether or not entities incur a ranchers in Hawaii County in 2000. The critical habitat designation is not a ‘‘significant economic impact.’’ Only 2000 average annual sales for diversified significant regulatory action. This rule small entities that are expected to be farmers on the island of Hawaii were will not have an annual economic effect directly affected by the designation are $59,600 per farmer, and the average of $100 million or more or adversely considered in this portion of the annual sales for ranchers were $30,100 affect any economic sector, analysis. This approach is consistent per rancher (DBEDT 2002). Since $8,700 productivity, competition, jobs, the with several judicial opinions related to is 15 percent of the average annual sales environment, or other units of the scope of the RFA (Mid-Tex Electric for a diversified farmer and 29 percent government. This designation will not Co-Op, Inc. v. F.E.R.C. and America of the average annual sales for a rancher, create inconsistencies with other Trucking Associations, Inc. v. EPA.) it is assumed that critical habitat will agencies’ actions or otherwise interfere Small entities include small have a significant economic impact (i.e., with an action taken or planned by organizations, such as independent 3 percent or more of a business’s annual another agency. It will not materially nonprofit organizations, and small sales) on the farmers or ranchers. affect entitlements, grants, user fees, governmental jurisdictions, including However, there are 1,400 diversified loan programs, or the rights and school boards and city and town farmers and 470 ranchers on the island obligations of their recipients. Finally, governments that serve fewer than of Hawaii. Based on the annual sales this designation will not raise novel 50,000 residents, as well as small figures, we can define most of these legal or policy issues. Accordingly, businesses. By this definition, Federal farmers and ranchers as small OMB has not formally reviewed this and State governments and Hawaii businesses (i.e., less than $750,000 in final critical habitat designation. County are not a small governmental annual sales). Five farmers or ranchers jurisdictions because its population was represent 0.3 percent of the number of Regulatory Flexibility Act (5 U.S.C. 601 148,677 in 2000. diversified farmers and 1 percent of the et seq.) SBREFA further defines ‘‘small number of ranchers on the island of Under the Regulatory Flexibility Act organization’’ as any not-for-profit Hawaii. This does not equal a (RFA) (as amended by the Small enterprise that is independently owned substantial number of the small Business Regulatory Enforcement and operated and is not dominant in its businesses in either the diversified Fairness Act (SBREFA) of 1996), field. TNCH is a large organization that farming or ranching industries. whenever a Federal agency is required is dominant in the conservation and Our economic analysis also found to publish a notice of rulemaking for land management field on the Big there are between two and three small any proposed or final rule, it must Island. Thus, according to RFA/SBREFA lending institutions on the island of prepare and make available for public definitions, TNCH is not likely to be Hawaii that may be involved in section comment a regulatory flexibility considered a small organization. 7 consultations regarding HUD loan
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programs. Participation in the hawaiiensis and the palila (or sclerocarpa, Silene hawaiiensis, Silene consultation was estimated to cost honeycreeper, Loxioides bailleui), a lanceolata, Solanum incompletum, $1,400, and conducting the biological listed bird, were the two species Tetramolopium arenarium, and survey was estimated to cost $3,900, so addressed in the biological opinion, Zanthoxylum hawaiiense) and 3 listed the total impact was estimated to be which concluded that with the plants not in today’s rule. Eleven $5,300 per lending institution. The conservation and mitigation measures informal consultations were conducted average annual revenues for the two to built into the project by FHWA, the with the Army concerning PTA: 3 on three small lending institutions is project was not likely to jeopardize the archery hunts regarding Silene unknown. If they each earn less than continued existence of the two species hawaiiensis and 3 listed plants not in $176,700 in annual sales ($5,300 and was not likely to adversely modify today’s rule; 1 on a grenade machine divided by 3 percent), the economic critical habitat for the palila. Neither of gun range regarding Asplenium fragile impact attributable to critical habitat the two formal consultations directly var. insulare and Silene hawaiiensis; 1 would be a significant economic impact affected or concerned small entities. In on a quarry rock crusher regarding to the lending institutions (i.e., greater both consultations, we concluded that Silene hawaiiensis and a listed plant not than 3 percent of annual sales). There the preferred alternative for the project, in today’s rule; 1 on the proposed are currently 26 mortgage lending with accompanying conservation and acquisition of a Parker Ranch parcel institutions on the island of Hawaii. Of mitigation procedures, was not likely to regarding Silene lanceolata and a listed these, 23 meet the SBA definition of a jeopardize the continued existence of plant not in today’s rule; 1 on military small business (i.e., less that $6 million the species. The only ongoing project is training regarding Hedyotis coriacea, in annual sales) (Dun & Bradstreet the Saddle Road realignment, which Portulaca sclerocarpa, Silene 2002). Two to three lending institutions does not directly affect small entities. hawaiiensis, Silene lanceolata, out of 23 (9 to 13 percent) will Neither of these formal consultations Tetramolopium arenarium, and potentially be subject to a significant directly affected or concerned small Zanthoxylum hawaiiense; 2 on threats economic impact. This does not equal a entities, nor does the ongoing project to rare plants from feral ungulates substantial number of the small lending directly affect small entities. As a result, regarding 8 of the 41 species institutions on the island of Hawaii. the requirement to reinitiate (Asplenium fragile var. insulare, The actual impacts of the final rule consultation for ongoing projects will Hedyotis coriacea, Portulaca may even be smaller. These estimates not affect a substantial number of small sclerocarpa, Silene hawaiiensis, Silene were based on the proposed entities on the island of Hawaii. lanceolata, Solanum incompletum, designations. However, this final rule Three of the 21 informal consultations Tetramolopium arenarium, and designates 92,737 ha (229,147 ac) less Zanthoxylum hawaiiense) as well as 3 than had been proposed, or a 52 percent that have been conducted on the island of Hawaii concern the National Park listed plants not in today’s rule; 1 on the reduction. Ecosystem Management Plan regarding These conclusions are supported by Service’s Hawaii Volcanoes National 9 of the 41 species (Asplenium fragile the history of consultations on the Park: One on fence construction for the var. insulare, Hedyotis coriacea, island of Hawaii. Since these 41 plant purpose of excluding ungulates and Neraudia ovata, Portulaca sclerocarpa, species were listed (between 1991 and regarding three of the 41 species Silene hawaiiensis, Silene lanceolata, 1996), we have conducted 21 informal (Asplenium fragile var. insulare, Solanum incompletum, Tetramolopium consultations and only two formal Plantago hawaiensis, and Silene arenarium, and Zanthoxylum consultations on the island of Hawaii, hawaiiensis) as well as 1 listed bird and hawaiiense) as well as the listed 11 of which concerned PTA, in addition 2 listed plants not included in the 41 Hawaiian hoary bat and 2 listed plants to consultations on Federal grants to species in today’s rule; 1 on use of the State wildlife programs, which also do Marsokhod planetary rover at Kilauea not in today’s rule; and 1 consultation not affect small entities. The 21 informal Volcano’s summit regarding Silene concerning PTA’s Ecosystem consultations have concerned 10 of the hawaiiensis; and 1 on outplanting food Management Plan, Endangered Species 41 species (Asplenium fragile var. plants for the endangered Hawaiian Management Plan, and Fire insulare, Mariscus fauriei, Neraudia nene goose regarding Sesbania Management Plan regarding the same 9 ovata, Nothocestrum breviflorum, tomentosa and 2 listed birds. Four species, bat, and 2 listed plants referred Plantago hawaiensis, Pleomele informal consultations were conducted to just above. Two informal hawaiiensis, Portulaca sclerocarpa, with the Army Corps of Engineers consultations were conducted with the Sesbania tomentosa, Silene hawaiiensis, (ACOE): 1 for the Defense FHWA on Kealakehe Parkway and Solanum incompletum). Environmental Restoration Program on construction regarding 3 of the 41 One of the two formal consultations removal of unexploded ordnance from species (Mariscus fauriei, Nothocestrum involving the 41 species was conducted the former Waikoloa Maneuver Area breviflorum, and Pleomele hawaiiensis) with the Army regarding the addition of regarding Portulaca sclerocarpa; 1 on as well as 1 listed plant not included in two firing lanes to Range 8 at PTA. the Alenaio Stream flood control project the 41 species in today’s rule, and Silene hawaiiensis, one of the 41 in Hilo regarding Asplenium fragile var. Pritchardia affinis, for which we species, was the only listed species insulare as well as several listed birds determine that the designation of addressed in the biological opinion, and a listed plant not included in critical habitat is not prudent in today’s which concluded that with today’s rule; 1 for the Multi-Purpose rule. implementation of the preferred Range Complex at PTA regarding None of these informal consultations alternative and accompanying Asplenium fragile var. insulare, directly affected or concerned small mitigation procedures, the project was Hedyotis coriacea, Silene hawaiiensis, entities. In all 21 informal consultations, not likely to jeopardize the continued Silene lanceolata, and 1 listed plant not we concurred with each agency’s existence of the species. The other in today’s rule; and 1 consultation for determination that the project, as formal consultation was with the the Endangered Species Management proposed or modified, was not likely to Federal Highway Administration Plan for PTA regarding 8 of the 41 adversely affect listed species. The only (FHWA) on realignment of and species (Asplenium fragile var. insulare, ongoing projects are Kealakehe Parkway improvements to Saddle Road. Silene Hedyotis coriacea, Portulaca and those concerning military training
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and management plans at PTA, which in these documents, we believe that this Protected Private Property Rights’’), we do not directly affect small entities. rule will not have an annual effect on have analyzed the potential takings None of these consultations directly the economy of $100 million or more; implications of designating critical affected or concerned small entities, and will not cause a major increase in costs habitat for the 41 species from the none of the ongoing projects directly or prices for consumers, and will not island of Hawaii in a takings affect small entities. As a result, the have significant adverse effects on implications assessment. The takings requirement to reinitiate consultation competition, employment, investment, implications assessment concludes that for ongoing projects will not affect a productivity, innovation, or the ability this final rule does not pose significant substantial number of small entities on of U.S.-based enterprises to compete takings implications. the island of Hawaii. with foreign-based enterprises. Refer to Federalism Even where the requirements of the final addendum to the economic section 7 might apply due to critical analysis for a discussion of the effects of In accordance with Executive Order habitat, based on our experience with this determination. 13132, this final rule does not have section 7 consultations for all listed significant Federalism effects. A species, virtually all projects—including Executive Order 13211 Federalism assessment is not required. those that, in their initial proposed On May 18, 2001, the President issued In keeping with Department of Interior form, would result in jeopardy or Executive Order 13211, on regulations policy, we requested information from adverse modification determinations that significantly affect energy supply, appropriate State agencies in Hawaii. under section 7—can be implemented distribution, and use. Executive Order This rule imposes no regulatory successfully with, at most, the adoption 13211 requires agencies to prepare requirements unless an agency is of reasonable and prudent alternatives. Statements of Energy Effects when seeking Federal funding or These measures by definition must be undertaking certain actions. Although authorization, so it does not have economically feasible and within the this rule is a significant regulatory Federal implications. In addition, this scope of authority of the Federal agency action under Executive Order 12866, it rule will not have substantial direct involved in the consultation. is not expected to significantly affect compliance costs because many of the For these reasons, we are certifying energy production supply and planned projects that could affect that the designation of critical habitat distribution facilities because no critical habitat have no Federal for Achyranthes mutica, Adenophorus significant energy production, supply, involvement. periens, Argyroxiphium kauense, and distribution facilities are included The designations may have some Asplenium fragile var. insulare, within designated critical habitat. benefit to these governments, in that the Bonamia menziesii, Clermontia Further, for the reasons described in the areas essential to the conservation of drepanomorpha, Clermontia economic analysis, we do not believe these species are more clearly defined, lindseyana, Clermontia peleana, that designation of critical habitat for and the primary constituent elements of Clermontia pyrularia, Colubrina the 41 species on the island of Hawaii the habitat necessary to the survival of oppositifolia, Cyanea hamatiflora ssp. will affect future energy production. the species are specifically identified. carlsonii, Cyanea platyphylla, Cyanea Therefore, this action is not a significant While this definition and identification shipmanii, Cyanea stictophylla, energy action, and no Statement of do not alter where and what federally Cyrtandra giffardii, Cyrtandra Energy Effects is required. sponsored activities may occur, they tintinnabula, Delissea undulata, Diellia may assist these local governments in erecta, Flueggea neowawraea, Gouania Unfunded Mandates Reform Act (2 long-range planning, rather than waiting vitifolia, Hibiscadelphus giffardianus, U.S.C. 1501 et seq.) for case-by-case section 7 consultation Hibiscadelphus hualalaiensis, Hibiscus In accordance with the Unfunded to occur. brackenridgei, Ischaemum byrone, Mandates Reform Act (2 U.S.C. 1501 et Civil Justice Reform Isodendrion hosakae, Mariscus fauriei, seq.): Melicope zahlbruckneri, Neraudia (a) This rule will not ‘‘significantly or In accordance with Executive Order ovata, Nothocestrum breviflorum, uniquely’’ affect small governments. A 12988, the Department of the Interior’s Phyllostegia racemosa, Phyllostegia small Government Agency Plan is not Office of the Solicitor has determined velutina, Phyllostegia warshaueri, required. Small governments will not be that this rule does not unduly burden Plantago hawaiensis, Pleomele affected unless they propose an action the judicial system and does meet the hawaiiensis, Portulaca sclerocarpa, requiring Federal funds, permits, or requirements of sections 3(a) and 3(b)(2) Sesbania tomentosa, Sicyos alba, Silene other authorizations. Any such activities of the Order. We have designated hawaiiensis, Solanum incompletum, will require that the Federal agency critical habitat in accordance with the Vigna o-wahuensis, and Zanthoxylum ensure that the action will not adversely provisions of the Endangered Species dipetalum ssp. tomentosum will not modify or destroy designated critical Act. The rule uses standard property have a significant economic impact on habitat. descriptions and identifies the primary a substantial number of small entities. (b) This rule will not produce a constituent elements within the Therefore, a regulatory flexibility Federal mandate on State or local designated areas to assist the public in analysis is not required. governments or the private sector of understanding the habitat needs of the $100 million or greater in any year; that 41 plant species from the island of Small Business Regulatory Enforcement is, it is not a ‘‘significant regulatory Hawaii. Fairness Act (5 U.S.C. 804(2)) action’’ under the Unfunded Mandates Paperwork Reduction Act of 1995 (44 Under the Small Business Regulatory Reform Act. The designation of critical U.S.C. 3501 et seq.) Enforcement Fairness Act (5 U.S.C. 801 habitat imposes no obligations on State et seq.), this rule is not a major rule. Our or local governments. This rule does not contain any detailed assessment of the economic information collection requirements for effects of this designation are described Takings which OMB approval under the in the draft economic analysis and the In accordance with Executive Order Paperwork Reduction Act is required. final addendum to the economic 12630 (‘‘Government Actions and An agency may not conduct or sponsor, analysis. Based on the effects identified Interference with Constitutionally and a person is not required to respond
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to, a collection of information unless it 41 species does not involve any Tribal entries for Achyranthes mutica, displays a valid OMB control number. lands. Argyroxiphium kauense, Bonamia menziesii, Clermontia drepanomorpha, National Environmental Policy Act References Cited Clermontia lindseyana, Clermontia A complete list of all references cited We have determined that we do not peleana, Clermontia pyrularia, in this final rule is available upon Colubrina oppositifolia, Cyanea need to prepare an Environmental request from the Pacific Islands Fish Assessment and/or an Environmental hamatiflora ssp. carlsonii, Cyanea and Wildlife Office (see ADDRESSES platyphylla, Cyanea shipmanii, Cyanea Impact Statement as defined by the section). National Environmental Policy Act of stictophylla, Cyrtandra giffardii, 1969 in connection with regulations Authors Cyrtandra tintinnabula, Delissea adopted pursuant to section 4(a) of the The primary authors of this final rule undulata, Flueggea neowawraea, Endangered Species Act. We published are staff of the Pacific Islands Fish and Gouania vitifolia, Hibiscadelphus a notice outlining our reason for this Wildlife Office (see ADDRESSES section). giffardianus, Hibiscadelphus determination in the Federal Register hualalaiensis, Hibiscus brackenridgei, List of Subjects in 50 CFR Part 17 on October 25, 1983 (48 FR 49244). This Ischaemum byrone, Isodendrion determination does not constitute a Endangered and threatened species, hosakae, Mariscus fauriei, Melicope major Federal action significantly Exports, Imports, Reporting and zahlbruckneri, Neraudia ovata, affecting the quality of the human recordkeeping requirements, Nothocestrum breviflorum, Phyllostegia environment. Transportation. racemosa, Phyllostegia velutina, Government-to-Government Regulation Promulgation Phyllostegia warshaueri, Plantago hawaiensis, Pleomele hawaiiensis, Relationship With Tribes ■ Accordingly, we hereby amend part Portulaca sclerocarpa, Sesbania 17, subchapter B of chapter I, title 50 of In accordance with the President’s tomentosa, Sicyos alba, Silene the Code of Federal Regulations as set memorandum of April 29, 1994, forth below: hawaiiensis, Solanum incompletum, ‘‘Government-to-Government Relations Vigna o-wahuensis, and Zanthoxylum with Native American Tribal PART 17—[AMENDED] dipetalum ssp. tomentosum to read as Governments’’ (59 FR 22951) Executive follows; and Order 13175 and the Department of the ■ 1. The authority citation for part 17 ■ Interior’s manual at 512 DM 2, we continues to read as follows: b. Under the table’s heading FERNS readily acknowledge our responsibility Authority: 16 U.S.C. 1361–1407; 16 U.S.C. AND ALLIES, by revising the entries for to communicate meaningfully with 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Adenophorus periens, Asplenium fragile recognized Federal Tribes on a 625, 100 Stat. 3500; unless otherwise noted. var. insulare, and Diellia erecta to read government-to-government basis. We ■ 2. Amend § 17.12(h), the List of as follows. have determined that there are no Tribal Endangered and Threatened Plants, as § 17.12 Endangered and threatened plants. lands essential for the conservation of set forth below: these 41 plant species. Therefore, ■ a. Under the table’s heading * * * * * designation of critical habitat for these FLOWERING PLANTS, by revising the (h) * * *
Species Historic range Family Status When Critical habitat Special Scientific name Common name listed rules
FLOWERING PLANTS
******* Achyranthes None ...... U.S.A (HI) ...... Amaranthaceae ...... E 592 17.99(k) ...... NA mutica.
******* Argyroxiphium Mauna Loa U.S.A. (HI) ...... Asteraceae ...... E 497 17.99(k) ...... NA kauense. silversword.
******* Bonamia None ...... U.S.A. (HI) ...... Convolvulaceae ...... E 559 17.99(a)(1), NA menziesii. (e)(1), (i), and (k).
******* Clermontia Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 595 17.99(k) ...... NA drepanomorpha. Clermontia Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(e)(1) and NA lindseyana. (k).
******* Clermontia Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(k) ...... NA peleana. Clermontia Oha wai ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(k) ...... NA pyrularia.
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Species Historic range Family Status When Critical habitat Special Scientific name Common name listed rules
******* Colubrina Kauila ...... U.S.A. (HI) ...... Rhamnaceae ...... E 532 17.99(e)(1), (i), NA oppositifolia. and (k).
******* Cyanea Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(k) ...... NA hamatiflora ssp. carlsonii.
******* Cyanea Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 595 17.99(k) ...... NA platyphylla.
******* Cyanea shipmanii Haha ...... U.S.A. (HI)...... Campanulaceae ...... E 532 17.99(k) ...... NA
******* Cyanea Haha ...... U.S.A. (HI) ...... Campanulaceae ...... E 532 17.99(k) ...... NA stictophylla.
******* Cyrtandra giffardii Haiwale ...... U.S.A. (HI) ...... Gesneriaceae ...... E 532 17.99(k) ...... NA
******* Cyrtandra Haiwale ...... U.S.A. (HI) ...... Gesneriaceae ...... E 532 17.99(k) ...... NA tintinnabula.
******* Delissea undulata None ...... U.S.A. (HI) ...... Campanulaceae ...... E 593 17.99(a)(1) and NA (k).
******* Flueggea Mehamehame ..... U.S.A. (HI) ...... Euphorbiaceae ...... E 559 17.99(a)(1), (c), NA neowawraea. (e)(1), (i) and (k).
******* Gouania vitifolia ... None ...... U.S.A. (HI) ...... Rhamnaceae ...... E 541 17.99(e)(1), and NA (k).
******* Hibiscadelphus Hau kuahiwi ...... U.S.A. (HI) ...... Malvaceae ...... E 595 17.99(k) ...... NA giffardianus. Hibiscadelphus Hau kuahiwi ...... U.S.A. (HI) ...... Malvaceae ...... E 595 17.99(k) ...... NA hualalaiensis.
******* Hibiscus Mao hau hele ..... U.S.A. (HI) ...... Malvaceae ...... E 559 17.99(c), (e)(1), NA brackenridgei. (i), and (k).
******* Ischaemum Hilo ischaemum .. U.S.A. (HI) ...... Poaceae ...... E 532 17.99(a)(1), (c), NA byrone. (e)(1), and (k). Isodendrion Aupaka ...... U.S.A (HI) ...... Violaceae ...... T 414 17.99(k) ...... NA hosakae.
******* Mariscus fauriei ... None ...... U.S.A (HI) ...... Cyperaceae ...... E 532 17.99(c) and (k) .. NA
******* Melicope Alani ...... U.S.A (HI) ...... Rutaceae ...... E 595 17.99(k) ...... NA zahlbruckneri.
******* Neraudia ovata .... None ...... U.S.A (HI) ...... Urticaceae ...... E 595 17.99(k) ...... NA
******* Nothocestrum Aiea ...... U.S.A (HI) ...... Solanaceae ...... E 532 17.99(k) ...... NA breviflorum.
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Species Historic range Family Status When Critical habitat Special Scientific name Common name listed rules
******* Phyllostegia Kiponapona ...... U.S.A (HI) ...... Lamiaceae ...... E 595 17.99(k) ...... NA racemosa.
******* Phyllostegia None ...... U.S.A (HI) ...... Lamiaceae ...... E 595 17.99(k) ...... NA velutina.
******* Phyllostegia None ...... U.S.A (HI) ...... Lamiaceae ...... E 595 17.99(k) ...... NA warshaueri.
******* Plantago Laukahi kuahiwi .. U.S.A (HI) ...... Plantaginaceae ...... E 532 17.99(k) ...... NA hawaienis.
******* Pleomele Hala pepe ...... U.S.A (HI) ...... Liliaceae ...... E 595 17.99(k) ...... NA hawaiiensis.
******* Portulaca Poe ...... U.S.A (HI) ...... Portulacaceae ...... E 532 17.96(b) and NA sclerocarpa. 17.99(k).
******* Sesbania Ohai ...... U.S.A (HI) ...... Fabaceae ...... E 559 17.99(a)(1), (c), NA tomentosa. (e)(1), (g), (i), and (k).
******* Sicyos alba ...... Anunu ...... U.S.A (HI) ...... Cucurbitaceae ...... E 595 17.99(k) ...... NA
******* Silene hawaiiensis None ...... U.S.A (HI) ...... Caryophyllaceae ...... T 532 17.99(k) ...... NA
******* Solanum Popolo ku mai .... U.S.A (HI) ...... Solanaceae ...... E 559 17.99(k) ...... NA incompletum.
******* Vigna o- None ...... U.S.A (HI) ...... Fabaceae ...... E 559 17.99(e)(1), (i), NA wahuensis. and (k).
******* Zanthoxylum Ae ...... U.S.A (HI) ...... Rutaceae ...... E 595 17.99(k) ...... NA dipetalum var. tomentosum.
******* FERNS AND ALLIES Adenophorus Pendent kihi fern U.S.A (HI) ...... Grammitidaceae ...... E 559 17.99(a)(1), (c), NA periens. (i), and (k).
******* Asplenium fragile None ...... U.S.A (HI) ...... Aspleniaceae ...... E 553 17.99(e)(1) and NA var. insulare. (k).
******* Diellia erecta ...... Asplenium-leaved U.S.A (HI) ...... Aspleniaceae ...... E 559 17.99(a)(1), (c), NA diellia. (e)(1), (i), and (k).
*******
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■ 3. Amend § 17.99 as set forth below: features (including but not limited to worship or shrines) and other ■ a. By revising the section heading to pumping stations, irrigation ditches, archaeological sites, airports, other read as follows; and pipelines, siphons, tunnels, water tanks, paved areas, and lawns and other rural ■ b. By adding new paragraphs (k) and gaging stations, intakes, reservoirs, residential landscaped areas do not (l) to read as follows. diversions, flumes, and wells; existing contain the primary constituent § 17.99 Critical habitat; plants on the trails), campgrounds and their elements described for each species in islands of Kauai, Niihau, Molokai, Maui, immediate surrounding landscaped paragraph (l) of this section and Kahoolawe, Oahu, and Hawaii, HI, and on area, scenic lookouts, remote helicopter therefore are not included in the critical the Northwestern Hawaiian Islands. landing sites, existing fences, habitat designations. Coordinates are in (k) Maps and critical habitat unit telecommunications towers and UTM Zone 5 with units in meters using descriptions for the island of Hawaii, associated structures and equipment, North American Datum of 1983 HI. The following sections contain the electrical power transmission lines and (NAD83). The following map shows the legal descriptions of the critical habitat distribution and communication general locations of the 99 critical units designated for the island of facilities and regularly maintained habitat units designated on the island of Hawaii. Existing manmade features and associated rights-of-way and access Hawaii. structures within the boundaries of the ways, radars, telemetry antennas, (1) Note: Map 1—Index map follows: mapped unit, such as buildings, roads, missile launch sites, arboreta and aqueducts and other water system gardens, heiau (indigenous places of BILLING CODE 4310–55–P
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(2) Hawaii 1—Clermontia lindseyana— 2189611; 256096, 2190304; 256159, 2191095; 260195, 2190187; return to a (1,337 ha, 3,303 ac) 2190978; 256258, 2191715; 256132, starting point. 2192452; 256438, 2193135; 257202, (ii) Note: Map 2 follows: (i) Unit consists of the following 18 2193171; 258074, 2192865; 259566, boundary points: Start at 259287, 2192515; 260015, 2192551; 260564, 2189980; 258514, 2190124; 258227, 2192488; 260937, 2192137; 260600, 2189531; 257076, 2189405; 256231,
VerDate Jan<31>2003 19:21 Jul 01, 2003 Jkt 200001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 ER02JY03.001 39706 Federal Register / Vol. 68, No. 127 / Wednesday, July 2, 2003 / Rules and Regulations
(5) Hawaii 1—Cyanea shipmanii—a (3) Hawaii 1—Clermontia peleana—a (4) Hawaii 1—Clermontia pyrularia—a (1,577 ha, 3,898 ac) (4,704 ha, 11,624 ac) (1,378 ha, 3,405 ac) (i) Unit consists of the following 15 (i) Unit consists of the following (i) Unit consists of the following 21 boundary points: Start at 258782, seven boundary points: Start at 261799, boundary points: Start at 258551, 2190167; 258548, 2189979; 258183, 2189905; 259290, 2190265; 259437, 2191038; 258529, 2189991; 258210, 2188260; 257434, 2188452; 256928, 2191186; 260905, 2197592; 263380, 2188565; 257890, 2188331; 257487, 2188480; 256188, 2188929; 255258, 2198183; 264962, 2199047; 266443, 2188365; 256896, 2188490; 256215, 2189156; 255505, 2193009; 255781, 2189598; return to starting point. 2188925; 255931, 2188918; 255675, 2192991; 256152, 2193174; 256156, (ii) Note: Map 3 follows: 2189060; 255456, 2189333; 255283, 2193377; 257053, 2193355; 259425, 2189470; 255306, 2189929; 255346, 2192593; 259263, 2191816; 259174, 2190140; 255408, 2190618; 255387, 2191010; return to starting point. 2191557; 255496, 2193031; 255782, 2193009; 256122, 2193173; 256270, (ii) Note: Map 5 follows: 2193339; 257054, 2193360; 258360, 2192915; return to starting point. (ii) Note: Map 4 follows:
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(6) Hawaii 1—Phyllostegia racemosa—a (938 ha, 2,317 ac) (i) Unit consists of the following 14 boundary points: Start at 258101, (7) Hawaii 2—Clermontia lindseyana— (8) Hawaii 2—Clermontia pyrularia—b 2190453; 257892, 2189913; 256913, b (1,262 ha, 3,119 ac) (1,383 ha, 3,418 ac) 2188486; 256656, 2188640; 256222, (i) Unit consists of the following 20 2188920; 255488, 2189023; 255638, (i) Unit consists of the following 11 boundary points: Start at 255651, 2189438; 256199, 2190746; 256201, boundary points: Start at 257292, 2196455; 255597, 2196941; 255516, 2190776; 256355, 2192927; 256193, 2195256; 256959, 2195939; 256806, 2197725; 255512, 2197761; 255468, 2193388; 257046, 2193366; 258868, 2197162; 256815, 2198142; 256627, 2198050; 255421, 2198130; 255299, 2192771; 258286, 2190933; return to 2199661; 256609, 2200056; 259081, 2198552; 255372, 2199203; 256335, starting point. 2200802; 259908, 2197800; 259126, 2196047; 257939, 2196380; 257957, 2199414; 256242, 2200024; 255213, (ii) Note: Map 6 follows: 2195319; return to starting point. 2199704; 254946, 2201156; 255168, 2201360; 256079, 2201937; 256430, (ii) Note: Map 7 follows: 2201672; 257336, 2200280; 257616, 2199751; 257968, 2196298; 258088, 2195186; 255745, 2195208; return to starting point. (ii) Note: Map 8 follows:
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(9) Hawaii 2—Phyllostegia racemosa—b (11) Hawaii 3—Cyanea platyphylla—a (10) Hawaii 3—Clermontia peleana—b (1,403 ha, 3,467 ac) (1,683 ha, 4,158 ac) (4,098 ha, 10,126 ac) (i) Unit consists of the following eight (i) Unit consists of the following 13 (i) Unit consists of the following 16 boundary points: Start at 258723, boundary points: Start at 261936, boundary points: Start at 265536, 2208604; 263321, 2207740; 265617, 2200661; 258940, 2200060; 259480, 2206014; 265870, 2201356; 264628, 2196687; 259164, 2195977; 257990, 2206104; 265417, 2204172; 264174, 2199741; 260958, 2198980; 260785, 2203283; 260750, 2206482; 260875, 2196313; 258115, 2195161; 255794, 2200155; 262026, 2204132; 261185, 2195189; 255648, 2196936; 255554, 2207122; 261952, 2208637; return to 2204813; 260398, 2204759; 259170, starting point. 2197804; 255334, 2198495; 255397, 2203211; 258222, 2203945; 258477, 2199185; 256317, 2199426; 256234, 2204289; 259386, 2206126; 259977, (ii) Note: Map 11 follows: 2199928; return to starting point. 2206520; 260443, 2206955; 261652, (ii) Note: Map 9 follows: 2208710; 262533, 2208323; return to starting point. (ii) Note: Map 10 follows:
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(12) Hawaii 3—Cyrtandra giffardii—a (13) Hawaii 3—Cyrtandra tintinnabula—a (2,322 ha, 5,738 ac) (14) Hawaii 3—Phyllostegia (1,510 ha, 3,731 ac) warshaueri—a (2,471 ha, 6,105 ac) (i) Unit consists of the following 30 (i) Unit consists of the following 22 boundary points: Start at 261996, (i) Unit consists of the following 21 boundary points: Start at 263977, 2208648; 262049, 2208624; 263522, boundary points: Start at 257006, 2204191; 263091, 2203511; 262736, 2207698; 265651, 2206158; 265754, 2207522; 257019, 2207554; 257990, 2203406; 261836, 2204431; 261358, 2204527; 265122, 2203759; 262570, 2209960; 258969, 2210027; 258996, 2204610; 261162, 2204774; 261114, 2202152; 261169, 2201554; 261944, 2210030; 259000, 2210028; 259841, 2204782; 260137, 2205484; 260269, 2204127; 261158, 2204766; 260467, 2209621; 260070, 2208710; 261086, 2205773; 260727, 2206307; 260808, 2204723; 260185, 2204367; 260136, 2208085; 261545, 2208642; 262022, 2207135; 261955, 2208667; 262335, 2204327; 260129, 2204298; 259641, 2208476; 262839, 2208040; 263330, 2208492; 262457, 2208405; 262682, 2203682; 259436, 2203822; 258995, 2207359; 264502, 2206514; 265710, 2208256; 262829, 2208171; 263062, 2204073; 259216, 2204499; 259562, 2205217; 265744, 2204501; 265526, 2208031; 264606, 2206914; 264702, 2204625; 259924, 2205129; 260239, 2204234; 263864, 2203016; 263466, 2206732; 265162, 2206251; 265443, 2205570; 260255, 2205790; 260539, 2203598; 261804, 2205478; 259132, 2205871; 264381, 2205051; return to 2206042; 260743, 2206373; 260822, 2206487; return to starting point. starting point. 2206782; 260854, 2207176; 261184, (ii) Note: Map 14 follows: (ii) Note: Map 12 follows: 2207475; 261515, 2208026; 261720, 2208326; 261972, 2208593; return to starting point. (ii) Note: Map 13 follows:
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(15) Hawaii 4—Isodendrion hosakae—a (49 ha, 121 ac) (i) Unit consists of the following 30 boundary points: Start at 216918, 2213235; 217016, 2213305; 217029, 2213274; 217005, 2213247; 217021, 2213158; 217073, 2213172; 217095, 2213120; 217071, 2213088; 217094, 2213045; 217129, 2213041; 217123, 2212977; 217141, 2212945; 217161, 2212966; 217207, 2212974; 217303, 2213051; 217353, 2212944; 217455, 2212885; 217511, 2212825; 217544, 2212704; 217624, 2212704; 217658, 2212443; 217423, 2212270; 217284, 2212268; 217105, 2212451; 216974, 2212346; 216772, 2212797; 216900, 2213009; 216946, 2212994; 216966, 2213060; 216928, 2213088; return to starting point. (ii) Note: Map 15 follows:
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(16) Hawaii 4—Isodendrion hosakae—b 2211232; 223887, 2211182; 223881, 2210946; 223338, 2210965; 223296, (35 ha, 87 ac) 2211116; 223938, 2211006; 223918, 2211003; 223244, 2211091; 223188, 2210977; 223876, 2210984; 223832, 2211145; 223294, 2211291; 223359, (i) Unit consists of the following 32 2210851; 223809, 2210816; 223729, 2211352; 223406, 2211368; 223414, boundary points: Start at 223492, 2210799; 223636, 2210739; 223556, 2211415; 223415, 2211453; return to 2211567; 223608, 2211572; 223691, 2210796; 223552, 2210877; 223614, starting point. 2211528; 223727, 2211464; 223811, 2210869; 223630, 2210891; 223572, (ii) Note: Map 16 follows: 2211316; 223763, 2211291; 223859, 2210924; 223506, 2210932; 223418,
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(17) Hawaii 4—Isodendrion hosakae—c 2210857; 230438, 2210998; 230517, 2210360; 230357, 2210475; 230289, (49 ha, 121 ac) 2211001; 230682, 2211057; 230897, 2210576; 230244, 2210644; 230224, 2211021; 231011, 2210874; 231090, 2210817; return to starting point. (i) Unit consists of the following 15 2210642; 231078, 2210504; 230899, (ii) Note: Map 17 follows: boundary points: Start at 230256, 2210322; 230783, 2210259; 230543,
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(18) Hawaii 4—Isodendrion hosakae—d 2211631; 231267, 2211631; 231537, 2211152; 231436, 2211271; 231277, (49 ha, 121 ac) 2212023; 232139, 2211722; 231979, 2211485; return to starting point. (i) Unit consists of the following nine 2211293; 231830, 2211149; 231774, (ii) Note: Map 18 follows: boundary points: Start at 231266,
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(19) Hawaii 4—Isodendrion hosakae—e 2208215; 222254, 2208246; 222251, 2208149; 222045, 2208166; 222020, (11 ha, 26 ac) 2208259; 222230, 2208261; 222222, 2208212; 221971, 2208225; 221966, 2208286; 222213, 2208303; 222225, 2208306; 221969, 2208396; 221963, (i) Unit consists of the following 39 2208306; 222227, 2208316; 222214, 2208440; 221988, 2208483; 222015, boundary points: Start at 222273, 2208320; 222209, 2208331; 222194, 2208509; 222077, 2208552; 222199, 2208478; 222265, 2208455; 222245, 2208337; 222189, 2208329; 222194, 2208535; 222218, 2208498; 222247, 2208415; 222245, 2208393; 222331, 2208324; 222202, 2208299; 222198, 2208498; return to starting point. 2208332; 222330, 2208290; 222311, 2208283; 222219, 2208259; 222244, 2208248; 222279, 2208219; 222256, 2208216; 222238, 2208183; 222198, (ii) Note: Map 19 follows:
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(20) Hawaii 4—Isodendrion hosakae—f 2205324; 220680, 2205394; 220645, 2205611; 221197, 2205553; 221326, (51 ha, 127 ac) 2205535; 220550, 2205636; 220701, 2205451; 221675, 2205188; 221929, 2205687; 220754, 2205770; 220904, 2204996; 221948, 2204869; 221871, (i) Unit consists of the following 27 2205756; 220861, 2205816; 221058, 2204802; 221737, 2204828; 221610, boundary points: Start at 221456, 2205989; 221139, 2205911; 221195, 2204957; return to starting point. 2205056; 221315, 2205089; 220996, 2205756; 221253, 2205717; 221216, (ii) Note: Map 20 follows: 2205294; 220895, 2205435; 220799, 2205641; 221179, 2205613; 221095,
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(21) Hawaii 4—Vigna o-wahuensis—a 2213120; 217071, 2213088; 217094, 2212443; 217423, 2212270; 217284, (49 ha, 121 ac) 2213045; 217129, 2213041; 217123, 2212268; 217105, 2212451; 216974, (i) Unit consists of the following 30 2212977; 217141, 2212945; 217161, 2212346; 216772, 2212797; 216900, boundary points: Start at 216918, 2212966; 217207, 2212974; 217303, 2213009; 216946, 2212994; 216966, 2213235; 217016, 2213305; 217029, 2213051; 217353, 2212944; 217455, 2213060; 216928, 2213088; return to 2213274; 217005, 2213247; 217021, 2212885; 217511, 2212825; 217544, starting point. 2213158; 217073, 2213172; 217095, 2212704; 217624, 2212704; 217658, (ii) Note: Map 21 follows:
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(22) Hawaii 4—Vigna o-wahuensis—b 2211232; 223887, 2211182; 223881, 2210946; 223338, 2210965; 223296, (35 ha, 87 ac) 2211116; 223938, 2211006; 223918, 2211003; 223244, 2211091; 223188, 2210977; 223876, 2210984; 223832, 2211145; 223294, 2211291; 223359, (i) Unit consists of the following 32 2210851; 223809, 2210816; 223729, 2211352; 223406, 2211368; 223414, boundary points: Start at 223492, 2210799; 223636, 2210739; 223556, 2211415; 223415, 2211453; return to 2211567; 223608, 2211572; 223691, 2210796; 223552, 2210877; 223614, starting point. 2211528; 223727, 2211464; 223811, 2210869; 223630, 2210891; 223572, (ii) Note: Map 22 follows: 2211316; 223763, 2211291; 223859, 2210924; 223506, 2210932; 223418,
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(23) Hawaii 4—Vigna o-wahuensis—c 2205324; 220680, 2205394; 220645, 2205611; 221197, 2205553; 221326, (51 ha, 127 ac) 2205535; 220550, 2205636; 220701, 2205451; 221675, 2205188; 221929, 2205687; 220754, 2205770; 220904, 2204996; 221948, 2204869; 221871, (i) Unit consists of the following 27 2205756; 220861, 2205816; 221058, 2204802; 221737, 2204828; 221610, boundary points: Start at 221456, 2205989; 221139, 2205911; 221195, 2204957; return to starting point. 2205056; 221315, 2205089; 220996, 2205756; 221253, 2205717; 221216, (ii) Note: Map 23 follows: 2205294; 220895, 2205435; 220799, 2205641; 221179, 2205613; 221095,
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(24) Hawaii 5—Nothocestrum 2233050; 220656, 2232834; 221080, 2230541; 212877, 2230637; 212939, breviflorum—a (403 ha, 995 ac) 2232612; 220999, 2232500; 220822, 2230736; 213011, 2230905; 213041, (i) Unit consists of the following 10 2232233; 220802, 2231818; 220498, 2231129; 212997, 2231275; 213007, boundary points: Start at 223325, 2230963; 220529, 2230813; 220350, 2231651; 213147, 2232011; 213409, 2230961; 223717, 2230611; 223961, 2230453; 220296, 2229915; 220205, 2232858; 213387, 2233177; 213269, 2230395; 224099, 2230006; 222943, 2229697; 220190, 2229504; 220122, 2233218; 213462, 2233730; 213453, 2227775; 221847, 2228401; 221769, 2229416; 218354, 2230452; 216792, 2233976; 213443, 2234090; 213442, 2228638; 221914, 2229066; 222052, 2231049; 216919, 2231470; 217150, 2234162; 213373, 2234284; 213315, 2229490; 222606, 2230217; return to 2231890; 217026, 2232314; 217214, 2234388; 213271, 2234480; 213320, starting point. 2232981; return to starting point. 2234721; 213371, 2234760; 213429, (ii) Note: Map 24 follows: (ii) Note: Map 25 follows: 2234835; 213464, 2234878; 213513, 2234943; 213559, 2235003; 213642, 2235106; 213659, 2235121; 213685, 2235147; 213724, 2235205; 213745, 2235328; 213734, 2235407; 213765, 2235497; 213747, 2235588; 213771, 2235662; 213817, 2235706; 213849, 2235729; 213891, 2235850; 213906, 2235884; 213908, 2235940; 213886, 2235998; 213892, 2236033; 214009, 2236115; 214062, 2236170; 214080, 2236202; 214083, 2236227; 214091, 2236260; 214140, 2236304; 214165, 2236296; 214069, 2236123; 213954, 2236053; 214016, 2235921; 213862, 2235537; 213901, 2235357; 213770, 2235029; 213484, 2234675; 213587, 2234485; 213891, 2234567; 213773, 2233608; 214112, 2233331; 214183, 2233458; 214141, 2233713; 214320, 2234212; 214483, 2234338; 214390, 2234581; 214802, 2235593; 214978, 2235684; 215037, 2235434; 215190, 2235808; 215483, 2235675; 215479, 2235179; 215269, 2234894; 215127, 2234463; 215158, 2234131; 214937, 2233848; 215182, 2233321; 214973, 2232427; 215018, 2231531; 214640, 2231432; 214495, 2231365; 214382, 2231329; 214332, 2231335; return to starting point. (ii) Note: Map 26 follows:
(26) Hawaii 7—Pleomele hawaiiensis— (25) Hawaii 6—Nothocestrum a (677 ha, 1,673 ac) breviflorum—b (1,113 ha, 2,750 ac) (i) Unit consists of the following 92 (i) Unit consists of the following 29 boundary points: Start at 213884, boundary points: Start at 217283, 2231521; 213842, 2231562; 213785, 2233128; 217629, 2233499; 218093, 2231427; 213666, 2231261; 213601, 2234242; 218828, 2233584; 218277, 2230893; 213453, 2230596; 213305, 2231773; 218266, 2231685; 218291, 2230350; 213204, 2230269; 213030, 2231675; 219411, 2233375; 219521, 2230210; 212859, 2230290; 212807, 2233443; 219655, 2233414; 220288, 2230381; 212812, 2230467; 212835,
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(29) Hawaii 9—Achyranthes mutica—a (27) Hawaii 8—Clermontia (28) Hawaii 8—Phyllostegia (63 ha, 157 ac) drepanomorpha—a (1,906 ha, 4,709 ac) warshaueri—b (1,177 ha, 2,908 ac) (i) Unit consists of the following 82 (i) Unit consists of the following 30 (i) Unit consists of the following 27 boundary points: Start at 211908, boundary points: Start at 214766, boundary points: Start at 218326, 2224450; 211840, 2224339; 211562, 2225082; 215176, 2225539; 215405, 2224160; 211477, 2224142; 211418, 2225905; 215716, 2226097; 216131, 2219182; 218265, 2219899; 218572, 2220103; 219186, 2220554; 218961, 2224067; 211356, 2224034; 211319, 2226318; 217035, 2226328; 218354, 2223969; 211271, 2223951; 211220, 2225470; 219286, 2224824; 219895, 2221066; 218183, 2222274; 217900, 2223294; 218531, 2223871; 219842, 2223903; 211172, 2223900; 211144, 2223228; 218899, 2220922; 218806, 2223870; 211106, 2223860; 211053, 2219907; 218769, 2219298; 218197, 2223011; 220052, 2222981; 220255, 2223197; 220513, 2223371; 220883, 2223873; 210980, 2223837; 210916, 2219271; 217672, 2220036; 217653, 2223837; 210864, 2223788; 210802, 2223437; 221142, 2223301; 221469, 2220562; 217819, 2221512; 217520, 2223764; 210694, 2223796; 210650, 2222879; 221431, 2222712; 221443, 2221821; 217378, 2221880; 217229, 2223761; 210578, 2223756; 210489, 2222484; 221956, 2222124; 221860, 2221937; 217063, 2221937; 216768, 2223646; 210425, 2223652; 210359, 2221917; 221276, 2221939; 221020, 2222158; 216463, 2222582; 215919, 2223635; 210254, 2223626; 210218, 2223071; 215956, 2223348; 215550, 2221746; 220775, 2221645; 220679, 2223598; 210154, 2223584; 210056, 2223643; 215070, 2223892; 214393, 2221263; 221125, 2220585; 221255, 2223595; 209922, 2223585; 209805, 2224156; 214299, 2224261; 214335, 2220003; 220857, 2218373; 220445, 2223507; 209521, 2223432; 209365, 2224407; 214570, 2224647; return to 2219168; return to starting point. 2223366; 209228, 2223347; 208930, starting point. (ii) Note: Map 28 follows: 2223267; 208835, 2223286; 208830, (ii) Note: Map 27 follows: 2223355; 208907, 2223389; 209205,
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2223465; 209333, 2223482; 209483, 2224525; 211733, 2224561; 211824, 2223885; 210751, 2223908; 210770, 2223546; 209548, 2223555; 209606, 2224547; 211926, 2224590; 211986, 2223960; 210841, 2223994; 210870, 2223568; 209652, 2223593; 209761, 2224640; 212066, 2224670; 212094, 2224063; 210928, 2224102; 210992, 2223619; 209887, 2223699; 209956, 2224717; 212088, 2224750; 212115, 2224116; 211080, 2224094; 211174, 2223703; 209996, 2223703; 210057, 2224806; 212108, 2224823; 212219, 2224135; 211293, 2224156; 211335, 2223716; 210148, 2223704; 210219, 2224872; 212243, 2224820; 212243, 2224196; 211345, 2224253; 211373, 2223742; 210431, 2223770; 210529, 2224778; 212216, 2224731; 212213, 2224282; 211439, 2224272; 211501, 2223870; 210603, 2223875; 210683, 2224684; 212160, 2224595; return to 2224297; 211562, 2224404; 211619, 2224047; 210751, 2224079; 210773, starting point. 2224407; 211657, 2224425; 211731, 2224145; 210846, 2224182; 210875, (ii) Excluding one area bounded by 2224441; 211766, 2224436; 211506, 2224212; 210992, 2224241; 211084, the following 31 points (8 ha, 19 ac): 2224267; 211403, 2224240; 211340, 2224220; 211131, 2224248; 211225, Start at 211235, 2224062; 211172, 2224159; 211274, 2224128; return to 2224269; 211290, 2224395; 211339, 2224016; 211129, 2224012; 211093, 2224415; 211428, 2224394; 211464, 2223986; 211042, 2223992; 210945, starting point. 2224477; 211515, 2224517; 211607, 2223954; 210872, 2223952; 210792, (iii) Note: Map 29 follows:
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(30) Hawaii 9—Achyranthes mutica—b 2222740; 210607, 2222645; 210591, 2222417; 211089, 2222433; 210981, (124 ha, 306 ac) 2222566; 210546, 2222536; 210433, 2222380; 210899, 2222365; 210832, (i) Unit consists of the following 211 2222414; 210413, 2222350; 210443, 2222399; 210774, 2222396; 210736, boundary points: Start at 211305, 2222344; 210571, 2222422; 210666, 2222348; 210624, 2222314; 210481, 2223364; 211375, 2223384; 211403, 2222448; 210691, 2222500; 210725, 2222229; 210331, 2222220; 210250, 2223445; 211471, 2223464; 211508, 2222521; 210793, 2222517; 210852, 2222177; 210082, 2222125; 209980, 2223521; 211605, 2223565; 211667, 2222539; 210905, 2222517; 210925, 2222118; 209833, 2222142; 209813, 2223634; 211757, 2223690; 211885, 2222488; 211073, 2222553; 211191, 2222131; 209804, 2222071; 209776, 2223733; 211931, 2223724; 211986, 2222530; 211279, 2222586; 211348, 2222040; 209729, 2222030; 209675, 2223686; 212068, 2223746; 212139, 2222589; 211378, 2222610; 211441, 2222040; 209640, 2222012; 209577, 2223774; 212198, 2223854; 212277, 2222613; 211494, 2222638; 211568, 2222003; 209527, 2221938; 209471, 2223900; 212406, 2223912; 212539, 2222607; 211619, 2222618; 211712, 2221916; 209325, 2221943; 209234, 2223951; 212645, 2223915; 212681, 2222598; 211828, 2222527; 211912, 2221919; 209020, 2221948; 208952, 2223974; 212720, 2223994; 212836, 2222500; 212003, 2222547; 212069, 2221925; 208760, 2221918; 208599, 2224123; 212883, 2224222; 212935, 2222542; 212147, 2222486; 212228, 2221816; 208492, 2221827; 208460, 2224265; 213002, 2224253; 213015, 2222467; 212274, 2222404; 212348, 2221817; 208410, 2221927; 208484, 2224188; 212983, 2224154; 212926, 2222471; 212448, 2222511; 212668, 2221948; 208565, 2221936; 208676, 2224043; 212826, 2223931; 212746, 2222802; 212761, 2222874; 212802, 2222014; 208732, 2222035; 208927, 2223863; 212766, 2223847; 212819, 2222963; 213012, 2223108; 213060, 2222043; 209015, 2222068; 209236, 2223884; 212890, 2223915; 213075, 2223184; 213115, 2223225; 213115, 2222040; 209325, 2222064; 209449, 2223887; 213289, 2223971; 213371, 2223296; 213180, 2223380; 213342, 2222035; 209526, 2222112; 209647, 2223934; 213409, 2223871; 213316, 2223505; 213502, 2223538; 213592, 2222157; 209695, 2222158; 209723, 2223863; 213077, 2223764; 212894, 2223617; 213636, 2223593; 213643, 2222210; 209793, 2222256; 209892, 2223794; 212820, 2223740; 212780, 2223539; 213565, 2223434; 213394, 2222262; 210029, 2222239; 210205, 2223729; 212674, 2223741; 212626, 2223394; 213253, 2223285; 213234, 2222289; 210267, 2222326; 210332, 2223773; 212579, 2223781; 212533, 2223260; 213253, 2223205; 213231, 2222479; 210486, 2222645; 210485, 2223829; 212510, 2223825; 212439, 2223147; 213152, 2223106; 213084, 2222700; 210505, 2222750; 210534, 2223796; 212348, 2223795; 212294, 2223011; 212891, 2222882; 212863, 2222771; 210592, 2222771; 210670, 2223777; 212205, 2223673; 212125, 2222805; 212756, 2222719; 212535, 2222819; 210675, 2222877; 210775, 2223641; 212013, 2223563; 211957, 2222428; 212497, 2222398; 212412, 2222984; 210911, 2223056; 210970, 2223565; 211888, 2223610; 211803, 2222369; 212308, 2222279; 212217, 2223132; 211117, 2223195; 211175, 2223577; 211717, 2223519; 211686, 2222281; 212186, 2222304; 212160, 2223273; return to starting point. 2223470; 211593, 2223426; 211549, 2222365; 212097, 2222377; 212025, (ii) Excluding one area bounded by 2223371; 211491, 2223344; 211458, 2222427; 211944, 2222384; 211894, the following five points (<1 ha, <1 ac): 2223292; 211397, 2223257; 211323, 2222380; 211782, 2222415; 211678, Start at 211099, 2222496; 211109, 2223241; 211283, 2223193; 211242, 2222482; 211644, 2222482; 211575, 2222499; 211114, 2222499; 211118, 2223171; 211187, 2223097; 211045, 2222486; 211508, 2222513; 211448, 2222497; 211103, 2222479; return to 2223037; 210978, 2222957; 210854, 2222492; 211413, 2222496; 211386, starting point. 2222894; 210790, 2222817; 210763, 2222474; 211328, 2222470; 211194, (iii) Note: Map 30 follows:
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(31) Hawaii 9—Achyranthes mutica—c 2221423; 212328, 2221349; 212298, 2219632; 210532, 2219684; 210655, (67 ha, 166 ac) 2221305; 212213, 2221243; 212181, 2219709; 210771, 2219702; 210805, (i) Unit consists of the following 114 2221177; 212126, 2221131; 212117, 2219739; 210843, 2219752; 210929, boundary points: Start at 214447, 2221072; 212086, 2221019; 212000, 2219741; 210992, 2219793; 211068, 2222623; 214480, 2222585; 214474, 2220995; 211970, 2220899; 211930, 2219818; 211172, 2220027; 211227, 2222534; 214441, 2222505; 214055, 2220851; 211934, 2220790; 211874, 2220180; 211295, 2220255; 211335, 2222500; 213775, 2222429; 213683, 2220666; 211868, 2220609; 211830, 2220366; 211461, 2220440; 211611, 2222443; 213605, 2222423; 213500, 2220572; 211804, 2220499; 211669, 2220468; 211703, 2220566; 211753, 2222421; 213445, 2222367; 213339, 2220360; 211517, 2220331; 211480, 2220665; 211761, 2220714; 211810, 2222356; 213251, 2222303; 213225, 2220298; 211424, 2220284; 211404, 2220794; 211811, 2220884; 211862, 2222268; 213112, 2222232; 213029, 2220203; 211334, 2220125; 211281, 2220954; 211895, 2221066; 211936, 2222167; 212905, 2222150; 212752, 2219976; 211155, 2219728; 211059, 2221107; 212003, 2221115; 212026, 2222091; 212654, 2222033; 212657, 2219692; 211026, 2219657; 210955, 2221204; 212080, 2221243; 212124, 2221930; 212627, 2221876; 212610, 2219623; 210865, 2219627; 210798, 2221326; 212220, 2221402; 212224, 2221781; 212532, 2221714; 212449, 2219584; 210675, 2219589; 210587, 2221522; 212274, 2221597; 212292, 2221692; 212403, 2221653; 212384, 2219571; 210551, 2219507; 210505, 2221705; 212388, 2221798; 212459, 2221545; 212341, 2221489; 212348, 2219505; 210465, 2219555; 210482, 2221812; 212503, 2221840; 212510,
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2221905; 212540, 2221974; 212507, 2222280; 213048, 2222334; 213150, 2222616; 214157, 2222613; 214239, 2222024; 212501, 2222072; 212543, 2222369; 213305, 2222475; 213389, 2222618; 214319, 2222611; return to 2222144; 212583, 2222162; 212627, 2222475; 213467, 2222537; 213685, starting point. 2222158; 212872, 2222265; 212987, 2222564; 213761, 2222548; 214042, (ii) Note: Map 31 follows:
(32) Hawaii 9—Achyranthes mutica—d 2220982; 213480, 2220882; 213407, 2218800; 211486, 2218774; 211451, (58 ha, 143 ac) 2220820; 213384, 2220774; 213316, 2218791; 211424, 2218818; 211424, 2220740; 213178, 2220485; 213084, 2218878; 211459, 2218955; 211700, (i) Unit consists of the following 83 2220393; 213022, 2220355; 212956, 2219183; 211969, 2219547; 212135, boundary points: Start at 214438, 2220257; 212808, 2220171; 212777, 2219614; 212226, 2219670; 212391, 2221820; 214413, 2221797; 214386, 2220117; 212741, 2220090; 212715, 2219825; 212443, 2219903; 212578, 2221680; 214341, 2221624; 214236, 2220056; 212695, 2219935; 212668, 2219968; 212603, 2220105; 212654, 2221577; 214192, 2221506; 214008, 2219888; 212516, 2219808; 212489, 2220177; 212688, 2220198; 212709, 2221412; 213919, 2221344; 213917, 2219754; 212288, 2219567; 212179, 2220249; 212787, 2220293; 212824, 2221296; 213890, 2221262; 213884, 2221222; 213758, 2221097; 213685, 2219502; 212052, 2219459; 211790, 2220334; 212873, 2220352; 212940, 2221055; 213605, 2221031; 213535, 2219103; 211552, 2218878; 211513, 2220443; 213005, 2220484; 213090,
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2220567; 213108, 2220631; 213225, 2221510; 214108, 2221602; 214163, 2222160; 214609, 2222121; 214595, 2220827; 213293, 2220862; 213379, 2221673; 214261, 2221717; 214322, 2222026; 214602, 2221949; 214578, 2220952; 213439, 2221062; 213540, 2221877; 214479, 2221995; 214474, 2221912; return to starting point. 2221136; 213683, 2221191; 213768, 2222036; 214504, 2222187; 214564, (ii) Note: Map 32 follows: 2221286; 213838, 2221437; 213939, 2222248; 214601, 2222232; 214615,
(33) Hawaii 9—Achyranthes mutica—e 2220902; 214322, 2221047; 214365, 2220598; 214356, 2220538; 214326, (96 ha, 238 ac) 2221179; 214410, 2221218; 214476, 2220426; 214294, 2220372; 214236, 2221333; 214576, 2221408; 214591, 2220332; 214188, 2220269; 214118, (i) Unit consists of the following 99 2221498; 214624, 2221541; 214679, 2220061; 214005, 2219871; 213995, boundary points: Start at 214237, 2221569; 214698, 2221646; 214740, 2219762; 213945, 2219600; 213933, 2221396; 214246, 2221433; 214279, 2221664; 214796, 2221627; 214793, 2219438; 213852, 2219367; 213784, 2221468; 214325, 2221468; 214358, 2221531; 214759, 2221478; 214700, 2219348; 213756, 2219241; 213719, 2221436; 214355, 2221358; 214318, 2221448; 214690, 2221357; 214573, 2219214; 213680, 2219137; 213551, 2221305; 214305, 2221223; 214287, 2221258; 214555, 2221210; 214474, 2219003; 213560, 2218908; 213486, 2221049; 214300, 2220991; 214278, 2221113; 214430, 2220938; 214431, 2218751; 213396, 2218673; 213327, 2220930; 214286, 2220881; 214313, 2220859; 214371, 2220793; 214339, 2218524; 213204, 2218429; 213145,
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2218404; 213092, 2218406; 212882, 2220807; 214167, 2220862; 214158, 2219218; 213434, 2219056; 213440, 2218263; 212764, 2218230; 212684, 2220933; 214175, 2221002; 214166, 2218923; 213385, 2218816; 213302, 2218191; 212589, 2218244; 212485, 2221051; 214187, 2221243; 214206, 2218748; 213232, 2218602; 213126, 2218242; 212425, 2218262; 212420, 2221349; return to starting point. 2218523; 213033, 2218514; 212998, 2218327; 212558, 2218345; 212607, (ii) Excluding two areas: 2218479; 212834, 2218368; 212794, 2218406; 212693, 2218421; 212709, (A) Bounded by the following seven 2218356; 212809, 2218402; 212825, 2218465; 212774, 2218551; 212890, points (1 ha, 1 ac): Start at 214223, 2218431; 212855, 2218461; 212888, 2218603; 212903, 2218650; 212889, 2220569; 214237, 2220545; 214219, 2218485; 212953, 2218499; 212996, 2218747; 212904, 2218803; 213028, 2220515; 214216, 2220461; 214146, 2218545; 213022, 2218636; 213007, 2218949; 213082, 2219133; 213196, 2220412; 214161, 2220500; 214199, 2218725; 213013, 2218754; 213131, 2219265; 213245, 2219371; 213290, 2220523; return to starting point. 2218887; 213194, 2219087; 213261, 2219423; 213311, 2219514; 213517, (B) Bounded by the following 42 2219149; 213346, 2219306; 213394, 2219786; 213597, 2219831; 213729, points (38 ha, 94 ac): Start at 214049, 2219361; 213412, 2219449; 213602, 2219948; 213812, 2220057; 213922, 2220213; 214008, 2220110; 213892, 2219700; 213668, 2219734; 213820, 2220266; 213959, 2220297; 213979, 2219916; 213877, 2219786; 213826, 2219870; 213852, 2219933; 213913, 2220340; 214024, 2220366; 214050, 2219614; 213823, 2219491; 213696, 2219992; 214024, 2220195; return to 2220531; 214097, 2220597; 214097, 2219433; 213663, 2219365; 213649, starting point. 2220637; 214143, 2220749; 214139, 2219307; 213619, 2219275; 213591, (iii) Note: Map 33 follows:
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(34) Hawaii 9—Achyranthes mutica—f 2219872; 214947, 2219833; 214959, 2218985; 214627, 2219125; 214669, (43 ha, 105 ac) 2219766; 214941, 2219705; 214948, 2219193; 214725, 2219396; 214706, 2219637; 214883, 2219550; 214829, 2219465; 214712, 2219549; 214738, (i) Unit consists of the following 65 2219519; 214843, 2219377; 214782, 2219603; 214819, 2219663; 214796, boundary points: Start at 215029, 2219151; 214741, 2219084; 214717, 2219730; 214835, 2219788; 214819, 2221141; 215078, 2221118; 215100, 2218965; 214700, 2218708; 214660, 2219871; 214858, 2219922; 214862, 2221081; 215105, 2221047; 215092, 2218467; 214650, 2218237; 214625, 2219981; 214908, 2220033; 214951, 2220971; 215106, 2220903; 215094, 2218082; 214553, 2217870; 214527, 2220206; 214958, 2220369; 214981, 2220834; 215046, 2220727; 215049, 2217739; 214511, 2217708; 214476, 2220452; 214979, 2220577; 214947, 2220676; 215102, 2220585; 215091, 2217702; 214431, 2217728; 214417, 2220626; 214924, 2220735; 214985, 2220525; 215103, 2220441; 215078, 2217776; 214449, 2217955; 214510, 2220898; 214972, 2220976; 214987, 2220357; 215072, 2220203; 215020, 2218118; 214530, 2218247; 214540, 2221070; return to starting point. 2219976; 214978, 2219936; 214975, 2218479; 214581, 2218725; 214598, (ii) Note: Map 34 follows:
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(35) Hawaii 9—Achyranthes mutica—g 2218921; 215439, 2218935; 215421, 2218458; 215247, 2218714; 215328, (37 ha, 92 ac) 2218871; 215447, 2218842; 215441, 2218821; 215342, 2218926; 215394, 2218779; 215356, 2218664; 215275, 2219001; 215403, 2219144; 215387, (i) Unit consists of the following 58 2218426; 215304, 2218286; 215233, 2219204; 215383, 2219387; 215367, boundary points: Start at 215603, 2218154; 215249, 2218060; 215206, 2219431; 215388, 2219616; 215365, 2220632; 215636, 2220594; 215638, 2217972; 215206, 2217897; 215158, 2219699; 215438, 2219924; 215431, 2220532; 215595, 2220313; 215594, 2217810; 215145, 2217560; 215094, 2219963; 215454, 2220022; 215453, 2220146; 215573, 2220086; 215557, 2217556; 215038, 2217584; 215038, 2220094; 215475, 2220163; 215474, 2219909; 215486, 2219693; 215509, 2217818; 215090, 2217932; 215089, 2220317; 215523, 2220516; 215533, 2219626; 215490, 2219443; 215514, 2218007; 215131, 2218085; 215109, 2220621; 215545, 2220669; return to 2219279; 215507, 2219212; 215525, 2218142; 215112, 2218184; 215185, starting point. 2219154; 215513, 2218965; 215487, 2218304; 215155, 2218404; 215160, (ii) Note: Map 35 follows:
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(36) Hawaii 9—Achyranthes mutica—h 2220058; 216259, 2220059; 216289, 2217647; 215391, 2217794; 215436, (51 ha, 127 ac) 2220016; 216301, 2219987; 216298, 2217930; 215438, 2218124; 215486, 2219945; 216308, 2219773; 216295, 2218223; 215604, 2218316; 215641, (i) Unit consists of the following 89 2219664; 216254, 2219549; 216260, 2218385; 215687, 2218427; 215688, boundary points: Start at 215734, 2219498; 216212, 2219335; 216179, 2218503; 215752, 2218652; 215738, 2220485; 215765, 2220497; 215804, 2219277; 216099, 2219197; 216052, 2218734; 215745, 2218785; 215706, 2220452; 215818, 2220397; 215784, 2219098; 215990, 2219041; 215937, 2218864; 215704, 2218932; 215753, 2220322; 215772, 2220245; 215817, 2219032; 215843, 2218966; 215826, 2219051; 215835, 2219097; 215867, 2220179; 215889, 2220150; 215937, 2218898; 215861, 2218819; 215873, 2219146; 215875, 2219268; 215910, 2220077; 215955, 2219923; 215999, 2218650; 215805, 2218472; 215755, 2219348; 215926, 2219453; 215888, 2219846; 216021, 2219758; 216009, 2218447; 215775, 2218360; 215691, 2219641; 215902, 2219734; 215881, 2219647; 216048, 2219449; 216024, 2218233; 215604, 2218175; 215561, 2219806; 215827, 2219895; 215830, 2219367; 216031, 2219325; 216010, 2218121; 215555, 2217915; 215490, 2220023; 215804, 2220057; 215765, 2219282; 216053, 2219305; 216094, 2217671; 215528, 2217566; 215517, 2220062; 215684, 2220120; 215664, 2219364; 216137, 2219519; 216139, 2217489; 215481, 2217456; 215448, 2220161; 215649, 2220293; 215707, 2219583; 216177, 2219682; 216178, 2217452; 215415, 2217471; 215399, 2220428; return to starting point. 2219953; 216194, 2220018; 216223, 2217507; 215407, 2217557; 215371, (ii) Note: Map 36 follows:
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(37) Hawaii 9—Achyranthes mutica—i 2218421; 216755, 2218361; 216727, 2217941; 216264, 2218034; 216303, (31 ha, 76 ac) 2218309; 216657, 2218257; 216603, 2218058; 216396, 2218077; 216458, (i) Unit consists of the following 54 2218151; 216551, 2218112; 216511, 2218191; 216514, 2218232; 216562, boundary points: Start at 216834, 2218060; 216492, 2217991; 216451, 2218330; 216635, 2218388; 216586, 2219498; 216868, 2219502; 216901, 2217967; 216352, 2217946; 216275, 2218499; 216576, 2218561; 216609, 2219476; 216916, 2219442; 216903, 2217799; 216194, 2217733; 216138, 2218685; 216581, 2218726; 216562, 2219353; 216759, 2219197; 216646, 2217593; 216168, 2217500; 216154, 2218818; 216503, 2218897; 216504, 2219111; 216624, 2219076; 216621, 2217339; 216130, 2217288; 216078, 2219112; 216559, 2219201; 216683, 2218932; 216675, 2218863; 216728, 2217289; 216046, 2217330; 216047, 2219290; 216791, 2219410; return to 2218712; 216725, 2218649; 216696, 2217501; 216017, 2217608; 216088, starting point. 2218569; 216704, 2218501; 216752, 2217792; 216177, 2217870; 216230, (ii) Note: Map 37 follows:
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(38) Hawaii 9—Achyranthes mutica—j 2218240; 217685, 2218167; 217657, 2218840; 217758, 2218986; 217738, (33 ha, 81 ac) 2218101; 217608, 2218068; 217537, 2219099; 217771, 2219108; 217806, 2217828; 217508, 2217776; 217518, 2219095; 217846, 2219075; 217869, (i) Unit consists of the following 45 2217705; 217495, 2217636; 217530, 2218958; 217876, 2218841; 217861, boundary points: Start at 218342, 2217550; 217478, 2217497; 217416, 2218736; 217768, 2218520; 217898, 2218980; 218378, 2218973; 218407, 2217507; 217370, 2217634; 217398, 2218624; 218030, 2218675; 218152, 2218964; 218411, 2218929; 218400, 2217718; 217386, 2217786; 217509, 2218753; 218233, 2218832; 218305, 2218875; 218323, 2218752; 218189, 2218141; 217535, 2218373; 217570, 2218922; return to starting point. 2218630; 218079, 2218566; 217956, 2218472; 217631, 2218518; 217662, 2218519; 217764, 2218345; 217745, 2218576; 217748, 2218779; 217756, (ii) Note: Map 38 follows:
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(39) Hawaii 10—Argyroxiphium 2189312; 194345, 2189312; 195096, 2189709; 200959, 2189699; 199966, kauense—a (349 ha, 861 ac) 2189814; 195763, 2190048; 196316, 2189369; 199139, 2189093; 197714, (i) Unit consists of the following 22 2190285; 198038, 2190803; 198120, 2188688; 196629, 2188284; 195353, boundary points: Start at 196364, 2190635; 198240, 2190325; 197169, 2187919; return to starting point. 2183671; 196588, 2183730; 197040, 2189897; 195603, 2189733; 194504, (ii) Note: Map 41 follows: 2183678; 197248, 2183609; 197370, 2189243; 194375, 2189221; return to 2183522; 197891, 2183644; 198395, starting point. 2183678; 198917, 2183661; 199421, (ii) Note: Map 40 follows: 2183574; 199838, 2183400; 200064, 2183261; 200498, 2183174; 200689, 2183053; 200869, 2183009; 200548, 2182197; 199189, 2182675; 199188, 2182675; 198920, 2182722; 197323, 2182971; 196589, 2183108; 196526, 2183207; 196397, 2183572; return to starting point. (ii) Note: Map 39 follows:
(42) Hawaii 10—Delissea undulata—a (92 ha, 227 ac) (i) Unit consists of the following 50 (41) Hawaii 10—Colubrina boundary points: Start at 201717, oppositifolia—a (1,918 ha, 4,740 ac) 2188574; 201906, 2188644; 202144, 2188700; 202144, 2188602; 202284, (i) Unit consists of the following 23 2188434; 202305, 2188399; 202452, boundary points: Start at 194733, 2188462; 202347, 2188728; 202326, 2188289; 194501, 2189318; 195028, 2188868; 202389, 2188952; 202459, 2189765; 196242, 2190221; 199593, 2189036; 202543, 2189120; 202683, 2191274; 200077, 2191445; 199462, 2189204; 202781, 2189288; 202922, 2192171; 199079, 2192786; 199311, 2189330; 203132, 2189365; 203279, (40) Hawaii 10—Bonamia menziesii—a 2193260; 199926, 2193724; 200763, 2189365; 203279, 2189260; 203454, (163 ha, 402 ac) 2193240; 201809, 2192548; 202245, 2189225; 203650, 2189113; 203776, (i) Unit consists of the following 12 2192040; 202231, 2191144; 202231, 2188959; 203629, 2188868; 203419, boundary points: Start at 194344, 2190040; 202215, 2189832; 202071, 2189043; 203342, 2188910; 203258,
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2188868; 203202, 2188945; 203272, 2186774; 201009, 2186431; 201114, 2189113; 203104, 2189120; 202886, 2186199; 201409, 2186389; 201640, 2189162; 202830, 2189099; 202865, 2186683; 201675, 2187187; 201738, 2189001; 202641, 2188966; 202711, 2187292; 201892, 2186998; 201913, 2188798; 202915, 2188742; 203041, 2186767; 201843, 2186571; 201780, 2188672; 203097, 2188602; 203041, 2186522; 201808, 2186312; 201913, 2188490; 202915, 2188497; 202901, 2186347; 201969, 2186227; 201899, 2188420; 202851, 2188322; 202627, 2186178; 201997, 2186038; 201934, 2188210; 202550, 2188280; 202382, 2185947; 201987, 2185871; 201923, 2188147; 202242, 2188070; 202095, 2185703; 201864, 2185800; 201794, 2188217; 201983, 2188231; 201913, 2185800; 201857, 2185569; 201871, 2188119; 201822, 2188224; 201850, 2185564; 200825, 2182788; 200596, 2188343; 201668, 2188553; return to 2182893; 200701, 2183146; 200785, starting point. (ii) Note: Map 42 follows: 2183391; 200890, 2183440; 200841, 2183566; 200848, 2183755; 200806, 2183860; 200855, 2183958; 200862, 2184287; 200596, 2184708; 200596, 2184820; 200351, 2184974; 200316, 2185219; 200197, 2185261; 200183, 2185695; 200204, 2185919; 200092, 2186010; 200113, 2186199; 200169, 2186375; 200211, 2186634; return to starting point. (ii) Note: Map 43 follows:
(44) Hawaii 10—Hibiscadelphus hualalaiensis—a (3,979 ha, 9,831 ac) (i) Unit consists of the following 38 boundary points: Start at 195782, 2185368; 195522, 2186168; 195315, 2186796; 195326, 2187196; 195544, 2187388; 195469, 2188155; 195786, 2188492; 195432, 2189916; 199124, 2191069; 199983, 2191543; 199508, 2192106; 200761, 2193288; 201812, 2192545; 201404, 2191895; 203343, 2189879; 203681, 2189439; 203918, 2188866; 203785, 2188371; 203480, 2187932; 202574, 2187761; 202584, 2187526; 202456, 2187271; 201998, 2186930; 201572, 2187207; 200965, (43) Hawaii 10—Delissea undulata—b 2187345; 200731, 2186962; 200177, (379 ha, 938 ac) 2186557; 200011, 2185340; 199774, (i) Unit consists of the following 46 2185089; 198932, 2185139; 198670, boundary points: Start at 200358, 2185243; 198391, 2185428; 198036, 2186648; 200652, 2186613; 200897, 2185330; 197566, 2185385; 197604,
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2186079; 197221, 2186183; 197270, (ii) Note: Map 45 follows: 2185549; 196319, 2185538; return to starting point. (ii) Excluding one area bounded by the following 12 points (15 ha, 38 ac): Start at 202034, 2189562; 202141, 2189566; 202153, 2189649; 202308, 2189645; 202298, 2189564; 202339, 2189548; 202329, 2189219; 202193, 2189187; 202230, 2189088; 202042, 2189024; 202020, 2189151; 202024, 2189554; return to starting point. (iii) Note: Map 44 follows:
(47) Hawaii 10—Nothocestrum (46) Hawaii 10—Neraudia ovata—a breviflorum—c (3,627 ha, 8,964 ac) (1,859 ha, 4,593 ac) (i) Unit consists of the following 29 (i) Unit consists of the following 15 boundary points: Start at 194693, boundary points: Start at 194344, 2188269; 194383, 2189286; 195034, 2189314; 194343, 2189318; 194355, 2189776; 195460, 2189937; 196240, 2189326; 195020, 2189752; 195454, 2190194; 199103, 2191128; 199891, 2189938; 196227, 2190232; 199076, 2191533; 198991, 2192862; 199103, 2191106; 201428, 2191880; 202171, 2193492; 199824, 2193830; 199804, 2192469; 202165, 2191079; 202163, 2193770; 200696, 2193256; 201895, 2189814; 199428, 2188470; 195418, 2192456; 201355, 2191804; 201174, 2187770; 194855, 2187783; 194588, 2186424; 201586, 2185393; 199915, (45) Hawaii 10—Hibiscus 2188581; return to starting point. 2185040; 199838, 2185152; 198796, 2185246; 198417, 2185384; 197754, brackenridgei—a (196 ha, 485 ac) (ii) Note: Map 46 follows: (i) Unit consists of the following six 2185341; 197538, 2185442; 197616, boundary points: Start at 202687, 2186073; 197228, 2186185; 197289, 2192346; 203014, 2192842; 203739, 2185505; 196333, 2185522; 196200, 2192737; 204306, 2191983; 203553, 2186785; 195323, 2187943; 194697, 2190355; 203111, 2191829; return to 2188256; return to starting point. starting point. (ii) Note: Map 47 follows:
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(50) Hawaii 10—Zanthoxylum (48) Hawaii 10—Pleomele hawaiiensis— (49) Hawaii 10—Solanum dipetalum ssp. tomentosum—a (1,685 b (1,338 ha, 3,306 ac) incompletum—a (705 ha, 1,741 ac) ha, 4,164 ac) (i) Unit consists of the following 19 (i) Unit consists of the following 14 (i) Unit consists of the following 30 boundary points: Start at 199227, boundary points: Start at 200840, boundary points: Start at 204490, 2191119; 199931, 2191535; 199427, 2183071; 200105, 2183211; 198217, 2186961; 204259, 2186791; 203663, 2192287; 198994, 2192926; 199211, 2183674; 196354, 2183822; 195904, 2186586; 203502, 2186552; 202908, 2193518; 199835, 2193778; 201804, 2185079; 198074, 2185218; 198313, 2186594; 202064, 2186341; 200938, 2186115; 200094, 2185862; 199277, 2192540; 202800, 2192542; 203018, 2185355; 198524, 2185294; 198681, 2185806; 198968, 2185581; 197898, 2192863; 203684, 2192822; 203919, 2185062; 199717, 2185030; 199911, 2185721; 197620, 2185755; 197630, 2192569; 203588, 2192149; 202916, 2185024; 200028, 2184733; 200540, 2186116; 197213, 2186192; 197260, 2191296; 201823, 2189505; 200231, 2184657; 200956, 2183332; return to 2185765; 197082, 2185778; 196970, 2188809; 200012, 2188896; 199513, starting point. 2185975; 196660, 2185975; 196294, 2189670; 199023, 2190652; 199126, (ii) Note: Map 49 follows: 2185806; 196217, 2186760; 197251, 2191046; return to starting point. 2187269; 197645, 2187579; 198321, (ii) Note: Map 48 follows: 2187579; 199334, 2187860; 199503, 2187860; 200544, 2188451; 203129, 2189150; 203527, 2189491; 203802, 2189055; 203972, 2188619; return to starting point. (ii) Note: Map 50 follows:
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(52) Hawaii 11—Solanum (53) [Reserved] incompletum—b (57 ha, 141 ac) (54) [Reserved] (i) Unit consists of the following (55) [Reserved] seven boundary points: Start at 195939, 2179184; 196289, 2178679; 196513, (56) [Reserved] 2178138; 196403, 2177670; 196252, (57) Hawaii 14—Cyanea hamatiflora (51) Hawaii 11—Cyanea hamatiflora 2177759; 196204, 2178081; 195581, ssp. carlsonii—b (597 ha, 1,475 ac) ssp. carlsonii—a (92 ha, 227 ac) 2178700; return to starting point. (i) Unit consists of the following 10 (i) Unit consists of the following 11 (ii) Note: Map 52 follows: boundary points: Start at 207156, boundary points: Start at 197174, 2146304; 207134, 2146239; 206598, 2177104; 196674, 2177566; 196458, 2144681; 206598, 2143570; 204429, 2177613; 196239, 2177751; 196187, 2143915; 204728, 2144393; 204674, 2178067; 195553, 2178701; 196028, 2145490; 204674, 2145491; 204426, 2179334; 196530, 2178147; 196637, 2146629; 204425, 2146649; return to 2177811; 197221, 2177377; 197278, starting point. 2177142; return to starting point. (ii) Note: Map 57 follows: (ii) Note: Map 51 follows:
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(60) Hawaii 16—Cyanea hamatiflora ssp. carlsonii—d (186 ha, 459 ac)
(58) Hawaii 15—Cyanea hamatiflora (59) Hawaii 15—Cyanea stictophylla—a (i) Unit consists of the following four ssp. carlsonii—c (1,045 ha, 2,583 ac) (685 ha, 1,693 ac) boundary points: Start at 203994, 2129916; 203715, 2131071; 205603, (i) Unit consists of the following eight (i) Unit consists of the following five 2131073; 206118, 2130489; return to boundary points: Start at 205937, boundary points: Start at 202738, starting point. 2135888; 202669, 2138135; 206446, 2136720; 204747, 2133469; 204039, (ii) Note: Map 60 follows: 2133547; 203420, 2133302; 203440, 2137807; 205568, 2136027; 203447, 2135670; 203670, 2137181; 203517, 2135810; return to starting point. 2138526; 206149, 2138468; return to (ii) Note: Map 59 follows: starting point. (ii) Note: Map 58 follows:
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(62) Hawaii 17—Diellia erecta—a (329 (63) Hawaii 17—Flueggea (61) Hawaii 16—Cyanea stictophylla—b ha, 814 ac) neowawraea—a (327 ha, 807 ac) (327 ha, 809 ac) (i) Unit consists of the following nine (i) Unit consists of the following eight (i) Unit consists of the following five boundary points: Start at 199021, boundary points: Start at 199031, boundary points: Start at 206085, 2121439; 198916, 2122019; 199049, 2121453; 198919, 2122094; 199007, 2130525; 204548, 2130013; 202838, 2122319; 199008, 2122707; 199063, 2122357; 198981, 2122641; 199188, 2129682; 202649, 2131030; 205588, 2122847; 199186, 2123092; 199520, 2123085; 199474, 2123194; 201018, 2131077; return to starting point. 2123204; 201031, 2123446; 201505, 2123445; 201491, 2122325; return to (ii) Note: Map 61 follows: 2122323; return to starting point. starting point. (ii) Note: Map 62 follows: (ii) Note: Map 63 follows:
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(65) Hawaii 18—Diellia erecta—b (1,615 (66) Hawaii 18—Flueggea (64) Hawaii 18—Colubrina ha, 3,992 ac) neowawraea—b (1,148 ha, 2,838 ac) oppositifolia—b (2,717 ha, 6,713 ac) (i) Unit consists of the following 13 (i) Unit consists of the following six (i) Unit consists of the following 15 boundary points: Start at 202997, boundary points: Start at 203129, boundary points: Start at 198394, 2119281; 203310, 2119053; 204449, 2119316; 204604, 2116730; 205505, 2113625; 198223, 2113930; 197796, 2119707; 205626, 2118736; 205346, 2115780; 204286, 2114193; 202146, 2114535; 197583, 2115280; 203752, 2118306; 205626, 2117783; 205999, 2115653; 200912, 2117708; return to 2119808; 203928, 2119514; 204315, 2117970; 206709, 2117375; 204354, starting point. 2119167; 205315, 2118433; 206212, 2114272; 202588, 2115599; 202097, (ii) Note: Map 66 follows: 2117332; 206446, 2117067; 204284, 2116400; 201568, 2117511; 201401, 2114251; 203373, 2114863; 202434, 2118078; return to starting point. 2114094; 201438, 2115531; 198636, 2113397; return to starting point. (ii) Note: Map 65 follows: (ii) Note: Map 64 follows:
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(68) Hawaii 18—Neraudia ovata—d (67) Hawaii 18—Gouania vitifolia—a (69) Hawaii 18—Pleomele hawaiiensis— (1,134 ha, 2,801 ac) (1,785 ha, 4,412 ac) c (1,997 ha, 4,934 ac) (i) Unit consists of the following 10 (i) Unit consists of the following five (i) Unit consists of the following 14 boundary points: Start at 201174, boundary points: Start at 204444, boundary points: Start at 202966, 2117843; 202959, 2119186; 204559, 2120239; 206850, 2117574; 204309, 2119257; 204672, 2117280; 206034, 2117309; 205954, 2116477; 204277, 2114257; 202399, 2115771; 201311, 2116476; 204325, 2114252; 203522, 2114280; 203399, 2114850; 202976, 2117954; return to starting point. 2114753; 203049, 2115266; 202477, 2115309; 202698, 2115528; 202028, (ii) Note: Map 67 follows: 2115720; 201375, 2115486; 199227, 2116090; 201532, 2117457; return to 2113813; 199190, 2114100; 198653, starting point. 2114587; 198378, 2115149; 198141, (ii) Note: Map 68 follows: 2115661; 201104, 2117894; return to starting point. (ii) Note: Map 69 follows:
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(70) Hawaii 19—Mariscus fauriei—a (71) Hawaii 20—Sesbania tomentosa—a (486 ha, 1,201 ac) (72) Hawaii 21—Ischaemum byrone—a (127 ha, 313 ac) (206 ha, 510 ac) (i) Unit consists of the following nine (i) Unit consists of the following 14 (i) Unit consists of the following 16 boundary points: Start at 220519, boundary points: Coast; 249798, 2124556; 248451, 2124193; 247078, boundary points: Start at 265058, 2105287; 220658, 2105408; 220821, 2131828; 265367, 2132139; 265624, 2105428; 221200, 2105198; 221467, 2126859; 247458, 2126835; 247811, 2127062; 248104, 2127469; 249187, 2132015; 265956, 2131806; 266250, 2104758; 221444, 2104588; 221445, 2131617; 266582, 2131721; 267180, 2104587; 221710, 2104303; 221694, 2126745; 249330, 2126069; 249701, 2125632. 2131645; 267711, 2131370; 267789, 2104107; 221493, 2103896; 221254, 2131408; 267891, 2131332; 268138, 2103732; 221032, 2103615; 220535, (ii) Note: Map 71 follows: 2131256; 268432, 2131114; 268755, 2104849; 220496, 2105093; return to 2131009; 269049, 2130962; 269248, starting point. 2130905; 269266, 2130849; return to (ii) Note: Map 70 follows: starting point. (ii) Note: Map 72 follows:
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(ii) Note: Map 74 follows:
(74) Hawaii 23—Pleomele hawaiiensis— (73) Hawaii 22—Ischaemum byrone—b d (8,943 ha, 22,097 ac) (159 ha, 393 ac) (75) Hawaii 23—Sesbania tomentosa—b (i) Unit consists of the following 33 (803 ha, 1,984 ac) (i) Unit consists of the following 11 boundary points: Start at 274892, boundary points: Coast; 284893, 2136370; 270874, 2135790; 269174, (i) Unit consists of the following 27 2137276; 279221, 2134615; 279221, 2134697; 267700, 2135019; 265425, boundary points: Start at 260007, 2134615; 279175, 2134728; 280175, 2135256; 264383, 2134214; 263150, 2138277; 260064, 2138614; 260288, 2135157; 281315, 2136008; 282395, 2133692; 260638, 2133740; 259217, 2138861; 260620, 2139007; 260945, 2136841; 284061, 2137614; 284803, 2134451; 257700, 2134309; 255757, 2138979; 261187, 2138985; 261288, 2137355; 284850, 2137360; 284874, 2132839; 253387, 2131465; 252487, 2138856; 261541, 2138867; 261945, 2137349. 2129948; 251241, 2130960; 250795, 2138822; 262013, 2138945; 262440, 2138951; 262861, 2138592; 263063, (ii) Note: Map 73 follows: 2131956; 251310, 2134361; 252547, 2134120; 253852, 2133261; 254607, 2138125; 262940, 2137446; 262614, 2135700; 255437, 2136482; 256222, 2136665; 262294, 2136266; 262007, 2136490; 256394, 2137383; 258592, 2135817; 261704, 2135564; 260951, 2138001; 261132, 2138090; 262576, 2135401; 260255, 2135424; 260176, 2137383; 263163, 2138161; 264146, 2135727; 260316, 2136075; 260361, 2138195; 268506, 2139617; 269645, 2136524; 260608, 2137002; 260580, 2139914; 270342, 2140091; 270763, 2137440; 260153, 2137906; 260058, 2139124; 272917, 2139676; 275306, 2138064; return to starting point. 2138240; return to starting point. (ii) Note: Map 75 follows:
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(76) Hawaii 24—Argyroxiphium (77) Hawaii 24—Asplenium fragile var. (78) Hawaii 24—Cyanea stictophylla—c kauense—b (7,795 ha, 19,261 ac) insulare—a (907 ha, 2,241 ac) (584 ha, 1,443 ac) (i) Unit consists of the following 27 (i) Unit consists of the following six (i) Unit consists of the following nine boundary points: Start at 241932, boundary points: Start at 239781, boundary points: Start at 240250, 2146263; 241417, 2145847; 239409, 2146615; 241003, 2145626; 238959, 2141066; 241783, 2139920; 240835, 2145112; 237401, 2142639; 235247, 2142183; 237893, 2141565; 237452, 2137607; 238868, 2139097; 238947, 2140949; 234781, 2139725; 232871, 2143181; 238209, 2145335; return to 2139692; 239116, 2140248; 239332, 2137399; 232161, 2136003; 230227, starting point. 2140329; 239455, 2140496; 239602, 2133432; 229223, 2132403; 227778, 2140570; return to starting point. (ii) Note: Map 77 follows: 2131032; 226357, 2130052; 225133, (ii) Note: Map 78 follows: 2129685; 223541, 2127995; 223150, 2128461; 223394, 2129220; 224594, 2130542; 226039, 2132819; 227998, 2136174; 231377, 2140386; 234659, 2143741; 236177, 2145945; 238210, 2148467; 239997, 2149789; 241711, 2149544; 242495, 2148491; 242372, 2147341; return to starting point. (ii) Note: Map 76 follows:
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(80) Hawaii 24—Phyllostegia velutina— (81) Hawaii 24—Plantago hawaiensis— a (2,466 ha, 6,093 ac) a (1,348 ha, 3,330 ac) (79) Hawaii 24—Melicope zahlbruckneri—a (434 ha, 1,072 ac) (i) Unit consists of the following 18 (i) Unit consists of the following 14 boundary points: Start at 238962, boundary points: Start at 239891, (i) Unit consists of the following four 2141970; 242007, 2139925; 242207, 2150141; 240843, 2150153; 241675, boundary points: Start at 238867, 2139714; 242118, 2139436; 241893, 2149824; 242668, 2149348; 241709, 2139105; 240894, 2140601; 241788, 2139030; 241440, 2137533; 241162, 2148593; 240533, 2148496; 240027, 2139910; 240819, 2137611; return to 2137224; 240062, 2137024; 239123, 2147666; 238765, 2146944; 238485, starting point. 2134346; 237550, 2135268; 238350, 2145606; 237676, 2145240; 237021, (ii) Note: Map 79 follows: 2137847; 235994, 2138947; 236552, 2144491; 235459, 2145119; 237410, 2140823; 237172, 2141003; 237594, 2147869; 238480, 2148664; return to 2141281; 237850, 2141570; 237828, starting point. 2142070; 238005, 2142204; return to (ii) Note: Map 81 follows: starting point. (ii) Note: Map 80 follows:
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(ii) Note: Map 83 follows:
(83) Hawaii 25—Plantago hawaiensis— (82) Hawaii 25—Argyroxiphium b (1,522 ha, 3,762 ac) kauense—c (2,006 ha, 4,957 ac) (i) Unit consists of the following 35 (84) Hawaii 25—Silene hawaiiensis—a (i) Unit consists of the following 13 boundary points: Start at 250884, (854 ha, 2,110 ac) boundary points: Start at 250289, 2156394; 250042, 2154844; 249371, 2157327; 251003, 2156578; 251595, 2154454; 247769, 2154222; 246915, (i) Unit consists of the following 20 2155516; 250654, 2154088; 249731, 2154794; 245791, 2156465; 245586, boundary points: Start at 249605, 2153374; 248704, 2153565; 247907, 2156984; 245636, 2157360; 245710, 2154443; 249282, 2155670; 249489, 2154271; 246893, 2155307; 245987, 2157517; 245929, 2157517; 246442, 2156083; 248205, 2157211; 248257, 2156978; 246353, 2158267; 247468, 2157846; 247040, 2157529; 247235, 2157694; 248587, 2158073; 249179, 2159347; 248478, 2158877; 249279, 2157212; 247369, 2156711; 247784, 2158214; 249790, 2157993; 250127, 2158302; return to starting point. 2156175; 248224, 2155589; 248639, 2157482; 250559, 2157202; 251403, 2155406; 248980, 2155320; 249005, 2156390; 252371, 2155266; 251701, (ii) Note: Map 82 follows: 2155564; 249285, 2156187; 248773, 2154870; 251902, 2154637; 252099, 2156528; 248358, 2157090; 247967, 2154017; 252071, 2153773; 251517, 2157383; 248175, 2157737; 247528, 2154149; 251301, 2154449; 250993, 2157895; 246991, 2158164; 246649, 2154406; 250728, 2154562; return to 2158418; 246674, 2158444; 246320, starting point. 2159164; 246527, 2159640; 246918, 2159860; 247369, 2159775; 247723, (ii) Note: Map 84 follows: 2159701; 248761, 2158530; 249786, 2157944; return to starting point.
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(85) Hawaii 26—Hibiscadelphus (86) Hawaii 26—Melicope (87) Hawaii 27—Portulaca giffardianus—a (149 ha, 367 ac) zahlbruckneri—b (495 ha, 1,224 ac) sclerocarpa—a (4,390 ha, 10,848 ac) (i) Unit consists of the following 18 (i) Unit consists of the following (i) Unit consists of the following nine boundary points: Start at 256349, seven boundary points: Start at 259520, boundary points: Start at 263596, 2151035; 256516, 2151138; 256717, 2152124; 258420, 2150913; 257324, 2140748; 262234, 2140517; 258055, 2151196; 257064, 2151279; 257624, 2150755; 256781, 2150023; 255379, 2142041; 254269, 2144742; 255668, 2151506; 257795, 2151400; 258009, 2150583; 257220, 2152206; 259198, 2145679; 257593, 2146289; 260387, 2151416; 258048, 2151718; 258777, 2152680; return to starting point. 2146659; 262395, 2147120; 265212, 2152045; 258966, 2151770; 259051, (ii) Note: Map 86 follows: 2144650; return to starting point. 2151582; 258433, 2150898; 258430, (ii) Note: Map 87 follows: 2150898; 257945, 2150909; 257790, 2150915; 257034, 2150898; 256769, 2150857; 256333, 2150857; return to starting point. (ii) Note: Map 85 follows:
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(89) Hawaii 28—Adenophorus periens— (88) Hawaii 27—Silene hawaiiensis—b a (2,733 ha, 6,754 ac) (90) Hawaii 29—Clermontia peleana—c (1,942 ha, 4,798 ac) (6,845 ha, 16,914 ac) (i) Unit consists of the following 11 (i) Unit consists of the following 28 boundary points: Start at 279712, (i) Unit consists of the following 29 boundary points: Start at 261207, 2148510; 276648, 2146439; 271250, boundary points: Start at 256704, 2150002; 262152, 2149529; 262966, 2147346; 271140, 2147797; 271319, 2173629; 258341, 2177012; 260142, 2148732; 262640, 2147357; 261953, 2148257; 271361, 2149267; 271770, 2179904; 261881, 2182923; 262993, 2146398; 261102, 2146308; 260976, 2149568; 276751, 2150845; 277839, 2182963; 264053, 2182050; 265872, 2145910; 260541, 2145204; 261048, 2151215; 279362, 2150061; 279952, 2181759; 266999, 2181195; 267018, 2144534; 260596, 2144100; 260125, 2149315; return to starting point. 2180286; 266781, 2179777; 266454, 2144299; 259890, 2144552; 259220, 2179686; 265993, 2179903; 265443, 2144335; 258515, 2144335; 257845, (ii) Note: Map 89 follows: 2179855; 264701, 2179425; 264030, 2144263; 256922, 2144462; 256560, 2179281; 263288, 2179209; 262953, 2145059; 256506, 2145801; 256886, 2178826; 262905, 2178084; 262761, 2145710; 257239, 2146201; 257501, 2177461; 262498, 2176480; 261708, 2146344; 258279, 2147086; 258496, 2175450; 262666, 2174828; 264380, 2147337; 258877, 2147212; 258949, 2174192; 265235, 2173756; 265744, 2147864; 259637, 2148117; 260035, 2172137; 265944, 2171082; 261670, 2148895; 260704, 2149800; return to 2170827; 257377, 2170773; 257013, starting point. 2171646; return to starting point. (ii) Note: Map 88 follows: (ii) Note: Map 90 follows:
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(93) Hawaii 29—Cyrtandra (92) Hawaii 29—Cyrtandra giffardii—b (91) Hawaii 29—Cyanea platyphylla—b tintinnabula—b (378 ha, 934 ac) (1,524 ha, 3,767 ac) (938 ha, 2,319 ac) (i) Unit consists of the following eight (i) Unit consists of the following 28 (i) Unit consists of the following 15 boundary points: Start at 267234, boundary points: Start at 262416, boundary points: Start at 270137, 2180396; 266451, 2180468; 263662, 2181378; 262234, 2181545; 262682, 2179182; 270117, 2178705; 269049, 2181160; 263032, 2181914; 263831, 2181990; 263440, 2181695; 263960, 2178426; 266707, 2178218; 265505, 2182224; 264610, 2181934; 265290, 2182446; 264133, 2182822; 263843, 2178550; 264852, 2179669; 264237, 2181716; 267462, 2181056; return to 2183142; 264177, 2183241; 264755, 2180565; 263774, 2181296; 263878, starting point. 2181980; 264821, 2183016; 265256, 2182952; 264784, 2183472; 265594, 2183296; 265629, 2183151; 267567, 2183524; 267656, 2181395; 267302, (ii) Note: Map 93 follows: 2181379; 266904, 2179742; 269567, 2180559; 267067, 2180712; 266763, 2179503; return to starting point. 2180438; 266546, 2180496; 266214, (ii) Note: Map 91 follows: 2180553; 265752, 2180423; 265275, 2180683; 264856, 2180640; 264596, 2180553; 264191, 2180611; 264018, 2180727; 263642, 2180727; 263367, 2181102; 263122, 2181334; 262891, 2181536; 262486, 2181377; return to starting point. (ii) Note: Map 92 follows:
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(ii) Note: Map 94 follows:
(94) Hawaii 30—Argyroxiphium (96) Hawaii 30—Cyanea shipmanii—b kauense—d (4,281 ha, 10,578 ac) (62 ha, 152 ac) (i) Unit consists of the following 35 (95) Hawaii 30—Clermontia lindseyana—c (1,634 ha, 4,037 ac) (i) Unit consists of the following 17 boundary points: Start at 251376, boundary points: Start at 250385, 2166456; 250829, 2167375; 250254, (i) Unit consists of the following 13 2172716; 250588, 2172812; 250726, 2169847; 250992, 2170628; 251020, boundary points: Start at 254584, 2172919; 250993, 2173015; 251162, 2172877; 251769, 2174236; 252605, 2164181; 253305, 2167650; 254302, 2173040; 251356, 2172692; 251292, 2174758; 254398, 2174497; 255008, 2172620; 251217, 2172460; 251121, 2173313; 255513, 2172668; 255879, 2168554; 256320, 2167251; 256487, 2171502; 255879, 2170492; 255339, 2165898; 257687, 2164037; 257302, 2172321; 251014, 2172236; 250918, 2169604; 255451, 2168509; 256441, 2163331; 258133, 2162854; 258725, 2172140; 250790, 2172086; 250673, 2167275; 256753, 2166610; 256810, 2162386; 258756, 2162085; 257655, 2172161; 250545, 2172300; 250385, 2165770; 256453, 2164780; 255495, 2161172; 256263, 2162480; 255102, 2172332; 250300, 2172449; 250310, 2163352; 255306, 2163361; 254541, 2163686; return to starting point. 2172535; return to starting point. 2164098; 254498, 2164137; 254481, (ii) Note: Map 95 follows: (ii) Note: Map 96 follows: 2164182; 254455, 2164255; 254449, 2164271; 254374, 2164589; 254004, 2165599; 253287, 2167525; 253238, 2167661; 253194, 2167785; 253194, 2167786; 253193, 2167786; 253192, 2167786; 253191, 2167786; 253146, 2167752; return to starting point.
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(97) Hawaii 30—Cyanea shipmanii—c (98) Hawaii 30—Cyanea stictophylla—d (825 ha, 2,038 ac) (623 ha, 1,539 ac) (99) Hawaii 30—Cyrtandra giffardii—c (3,872 ha, 9,567 ac) (i) Unit consists of the following 17 (i) Unit consists of the following 27 boundary points: Start at 254374, boundary points: Start at 254498, (i) Unit consists of the following 28 2164589; 254004, 2165599; 253236, 2164341; 254727, 2164444; 255743, boundary points: Start at 266492, 2167756; 253128, 2168010; 254193, 2164078; 255868, 2163816; 256222, 2165136; 267184, 2165097; 267638, 2168432; 254246, 2168296; 254470, 2164021; 256656, 2163576; 257560, 2165195; 269069, 2162612; 268669, 2167400; 254649, 2167176; 255481, 2163785; 257352, 2163331; 258066, 2161281; 267615, 2161161; 266924, 2167289; 256666, 2167013; 256799, 2162902; 257844, 2161395; 257900, 2160825; 266490, 2159798; 265048, 2166728; 257113, 2166101; 257113, 2161317; 259249, 2160573; 260356, 2159265; 264495, 2159127; 264001, 2164936; 256396, 2164757; 255321, 2159979; 259695, 2159517; 259319, 2158357; 263902, 2157567; 264357, 2165116; 254559, 2165295; 254649, 2159380; 258898, 2159773; 258849, 2155927; 263981, 2154960; 263634, 2164623; return to starting point. 2159861; 258810, 2159929; 258784, 2154426; 262793, 2155728; 262477, 2156217; 261337, 2155564; 260360, (ii) Note: Map 97 follows: 2159981; 258755, 2160036; 258715, 2160077; 258688, 2160104; 258437, 2157263; 260584, 2159423; 260367, 2160584; 258243, 2160676; 258167, 2160114; 260734, 2160659; 263088, 2160673; 256128, 2162630; 254574, 2160361; 264090, 2162500; 264176, 2164116; return to starting point. 2162638; 264221, 2162790; 264951, 2164464; 265860, 2164445; return to (ii) Note: Map 98 follows: starting point. (ii) Note: Map 99 follows:
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(101) Hawaii 30—Phyllostegia (100) Hawaii 30—Phyllostegia (102) Hawaii 30—Plantago velutina—b (1,180 ha, 2,916 ac) racemosa—c (267 ha, 659 ac) hawaiensis—c (1,219 ha, 3,012 ac) (i) Unit consists of the following 25 (i) Unit consists of the following 10 (i) Unit consists of the following 13 boundary points: Start at 255001, boundary points: Start at 255001, boundary points: Start at 254476, 2163655; 256020, 2163968; 257556, 2163655; 256020, 2163968; 257634, 2168522; 254473, 2168510; 254874, 2163812; 257342, 2163356; 258145, 2163912; 257384, 2163319; 257871, 2167383; 256572, 2166997; 257174, 2162834; 258761, 2162325; 259766, 2163010; 257756, 2162804; 256542, 2165685; 257971, 2164620; 258044, 2162727; 259792, 2162339; 260155, 2162680; 256379, 2162447; 256238, 2164337; 257576, 2163925; 256125, 2161636; 260142, 2160687; 260553, 2162463; 256081, 2162615; return to 2164018; 255434, 2163788; 255099, 2160880; 260676, 2160624; 260669, starting point. 2163685; 254488, 2164250; 253207, 2159628; 260010, 2158695; 259835, 2168032; return to starting point. (ii) Note: Map 100 follows: 2158111; 258895, 2159775; 258845, 2159864; 258808, 2159929; 258780, (ii) Note: Map 102 follows: 2159981; 258748, 2160040; 258707, 2160080; 258644, 2160142; 258562, 2160221; 258544, 2160239; 256081, 2162615; return to starting point. (ii) Note: Map 101 follows:
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(103) Hawaii 30—Sicyos alba—a (6,266 ha, 15,483 ac) (i) Unit consists of the following 18 boundary points: Start at 266388, 2165221; 267132, 2165147; 267709, 2165277; 267412, 2162783; 268417, 2161049; 269013, 2157105; 267821, 2155262; 264606, 2153076; 262507, 2156298; 261492, 2155783; 259208, 2160114; 260710, 2160549; 263148, 2160288; 264210, 2162671; 264954, 2164570; 265289, 2164477; 265811, 2164588; 266183, 2164886; return to starting point. (ii) Note: Map 103 follows: (104) Table of Protected Species Within Each Critical Habitat Unit for the Island of Hawaii
Unit name Species occupied Species unoccupied
Hawaii 9—Achyranthes mutica—a ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—b ...... Achyranthes mutica.
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(104) Table of Protected Species Within Each Critical Habitat Unit for the Island of Hawaii—Continued
Unit name Species occupied Species unoccupied
Hawaii 9—Achyranthes mutica—c ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—d ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—e ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—f ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—g ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—h ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—i ...... Achyranthes mutica. Hawaii 9—Achyranthes mutica—j ...... Achyranthes mutica. Hawaii 28—Adenophorus periens—a ...... Adenophorus periens. Hawaii 10—Argyroxiphium kauense—a ...... Argyroxiphium kauense. Hawaii 24—Argyroxiphium kauense—b ...... Argyroxiphium kauense. Hawaii 25—Argyroxiphium kauense—c ...... Argyroxiphium kauense. Hawaii 30—Argyroxiphium kauense—d ...... Argyroxiphium kauense. Hawaii 24—Asplenium fragile var. insulare—a.. Asplenium fragile var. insulare. Hawaii 10—Bonamia menziesii—a ...... Bonamia menziesii. Hawaii 8—Clermontia drepanomorpha—a ...... Clermontia drepanomorpha. Hawaii 1—Clermontia lindseyana—a ...... Clermontia lindseyana. Hawaii 2—Clermontia lindseyana—b ...... Clermontia lindseyana. Hawaii 30—Clermontia lindseyana—c ...... Clermontia lindseyana. Hawaii 1—Clermontia peleana—a ...... Clermontia peleana. Hawaii 3—Clermontia peleana—b ...... Clermontia peleana. Hawaii 29—Clermontia peleana—c ...... Clermontia peleana. Hawaii 1—Clermontia pyrularia—a ...... Clermontia pyrularia. Hawaii 2—Clermontia pyrularia—b ...... Clermontia pyrularia. Hawaii 10—Colubrina oppositifolia—a ...... Colubrina oppositifolia. Hawaii 18—Colubrina oppositifolia—b ...... Colubrina oppositifolia. Hawaii 11—Cyanea hamatiflora ssp. carlsonii— Cyanea hamatiflora ssp. carlsonii. a. Hawaii 14—Cyanea hamatiflora ssp. carlsonii— ...... Cyanea hamatiflora ssp. carlsonii. b. Hawaii 15—Cyanea hamatiflora ssp. carlsonii— ...... Cyanea hamatiflora ssp. carlsonii. c. Hawaii 16—Cyanea hamatiflora ssp. carlsonii— Cyanea hamatiflora ssp. carlsonii. d. Hawaii 3—Cyanea platyphylla—a ...... Cyanea platyphylla. Hawaii 29—Cyanea platyphylla—b ...... Cyanea platyphylla. Hawaii 1—Cyanea shipmanii—a ...... Cyanea shipmanii. Hawaii 30—Cyanea shipmanii—b ...... Cyanea shipmanii. Hawaii 30—Cyanea shipmanii—c ...... Cyanea shipmanii. Hawaii 15—Cyanea stictophylla—a ...... Cyanea stictophylla. Hawaii 16—Cyanea stictophylla—b ...... Cyanea stictophylla. Hawaii 24—Cyanea stictophylla—c ...... Cyanea stictophylla. Hawaii 30—Cyanea stictophylla—d ...... Cyanea stictophylla. Hawaii 3—Cyrtandra giffardii—a ...... Cyrtandra giffardii. Hawaii 29—Cyrtandra giffardii—b ...... Cyrtandra giffardii. Hawaii 30—Cyrtandra giffardii—c ...... Cyrtandra giffardii. Hawaii 3—Cyrtandra tintinnabula—a ...... Cyrtandra tintinnabula. Hawaii 29—Cyrtandra tintinnabula—b ...... Cyrtandra tintinnabula. Hawaii 10—Delissea undulata—a ...... Delissea undulata. Hawaii 10—Delissea undulata—b ...... Delissea undulata. Hawaii 17—Diellia erecta—a ...... Diellia erecta. Hawaii 18—Diellia erecta—b ...... Diellia erecta. Hawaii 17—Flueggea neowawraea—a ...... Flueggea neowawraea. Hawaii 18—Flueggea neowawraea—b ...... Flueggea neowawraea. Hawaii 18—Gouania vitifolia—a ...... Gouania vitifolia. Hawaii 26—Hibiscadelphus giffardianus—a ...... Hibiscadelphus giffardianus. Hawaii 10—Hibiscadelphus hualalaiensis—a .... Hibiscadelphus hualalaiensis. Hawaii 10—Hibiscus brackenridgei—a ...... Hibiscus brackenridgei. Hawaii 21—Ischaemum byrone—a ...... Ischaemum byrone. Hawaii 22—Ischaemum byrone—b ...... Ischaemum byrone. Hawaii 4—Isodendrion hosakae—a ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—b ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—c ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—d ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—e ...... Isodendrion hosakae. Hawaii 4—Isodendrion hosakae—f ...... Isodendrion hosakae. Hawaii 19—Mariscus fauriei—a ...... Mariscus fauriei. Hawaii 24—Melicope zahlbruckneri—a ...... Melicope zahlbruckneri. Hawaii 26—Melicope zahlbruckneri—b ...... Melicope zahlbruckneri. Hawaii 10—Neraudia ovata—a ...... Neraudia ovata. Hawaii 18—Neraudia ovata—d ...... Neraudia ovata. Hawaii 5—Nothocestrum breviflorum—a ...... Nothocestrum breviflorum.
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(104) Table of Protected Species Within Each Critical Habitat Unit for the Island of Hawaii—Continued
Unit name Species occupied Species unoccupied
Hawaii 6—Nothocestrum breviflorum—b ...... Nothocestrum breviflorum. Hawaii 10—Nothocestrum breviflorum—c ...... Nothocestrum breviflorum. Hawaii 1—Phyllostegia racemosa—a ...... Phyllostegia racemosa. Hawaii 2—Phyllostegia racemosa—b ...... Phyllostegia racemosa. Hawaii 30—Phyllostegia racemosa—c ...... Phyllostegia racemosa. Hawaii 24—Phyllostegia velutina—a ...... Phyllostegia velutina. Hawaii 30—Phyllostegia velutina—b ...... Phyllostegia velutina. Hawaii 3—Phyllostegia warshaueri—a ...... Phyllostegia warshaueri. Hawaii 8—Phyllostegia warshaueri—b ...... Phyllostegia warshaueri. Hawaii 24—Plantago hawaiensis—a ...... Plantago hawaiensis. Hawaii 25—Plantago hawaiensis—b ...... Plantago hawaiensis. Hawaii 30—Plantago hawaiensis—c ...... Plantago hawaiensis. Hawaii 7—Pleomele hawaiiensis—a ...... Pleomele hawaiiensis. Hawaii 10—Pleomele hawaiiensis—b ...... Pleomele hawaiiensis. Hawaii 18—Pleomele hawaiiensis—c ...... Pleomele hawaiiensis. Hawaii 23—Pleomele hawaiiensis—d ...... Pleomele hawaiiensis. Hawaii 27—Portulaca sclerocarpa—a ...... Portulaca sclerocarpa. Hawaii 20—Sesbania tomentosa—a ...... Sesbania tomentosa. Hawaii 23—Sesbania tomentosa—b ...... Sesbania tomentosa. Hawaii 30—Sicyos alba—a ...... Sicyos alba. Hawaii 25—Silene hawaiiensis—a ...... Silene hawaiiensis. Hawaii 27—Silene hawaiiensis—b ...... Silene hawaiiensis. Hawaii 10—Solanum incompletum—a ...... Solanum incompletum. Hawaii 11—Solanum incompletum—b ...... Solanum incompletum. Hawaii 4—Vigna o-wahuensis—a ...... Vigna o-wahuensis. Hawaii 4—Vigna o-wahuensis—b ...... Vigna o-wahuensis. Hawaii 4—Vigna o-wahuensis—c ...... Vigna o-wahuensis. Hawaii 10—Zanthoxylum dipetalum ssp. Zanthoxylum dipetalum ssp. tomentosum. tomentosum—a.
(105) Critical habitat unit descriptions polymorpha, Myoporum sandwicense, Silene hawaiiensis, or Vaccinium and maps, and a description of primary Osteomeles anthyllidifolia, Nestegis reticulatum; and constituent elements, for Family sandwicensis, Santalum ellipticum, or (ii) Elevations between 1,583 and Malvaceae: Kokia drynariodes on the Sophora chrysophylla; and 2,246 m (5,193 and 8,024 ft). island of Hawaii is provided in 50 CFR (ii) Elevations between 646 and 1,509 Family Campanulaceae: Clermontia 17.96(a). m (2,120 and 4,949 ft). drepanomorpha (oha wai) (l) Plants on the island of Hawaii; Family Asteraceae: Argyroxiphium Constituent elements. Hawaii 8—Clermontia kauense (Mauna Loa silversword) (1) Flowering plants. drepanomorpha—a, identified in the Hawaii 10—Argyroxiphium legal description in paragraph (k) of this Achyranthes Family Amaranthaceae: kauense—a, Hawaii 24—Argyroxiphium section, constitutes critical habitat for mutica (NCN) kauense—b, Hawaii 25—Argyroxiphium Clermontia drepanomorpha on Hawaii. Hawaii 9—Achyranthes mutica—a, kauense—c, and Hawaii 30— Within this unit, the currently known Hawaii 9—Achyranthes mutica—b, Argyroxiphium kauense—d, identified primary constituent elements of critical Hawaii 9—Achyranthes mutica—c, in the legal descriptions in paragraph (k) habitat include, but are not limited to, Hawaii 9—Achyranthes mutica—d, of this section, constitute critical habitat the habitat components provided by: Hawaii 9—Achyranthes mutica—e, for Argyroxiphium kauense on Hawaii. (i) Metrosideros polymorpha, Hawaii 9—Achyranthes mutica—f, Within these units, the currently known Cheirodendron trigynum, and Cibotium Hawaii 9—Achyranthes mutica—g, primary constituent elements of critical glaucum dominated montane wet Hawaii 9—Achyranthes mutica—h, habitat include, but are not limited to, forests, containing one or more of the Hawaii 9—Achyranthes mutica—i, the habitat components provided by: following native plant species: Astelia Hawaii 9—Achyranthes mutica—j, (i) Moist, open forest; subalpine mesic menziesiana, Carex alligata, Coprosma identified in the legal descriptions in shrubland; bogs; and weathered, old sp., Cyanea pilosa, Leptecophylla paragraph (k) of this section, constitute pahoehoe (smooth) or aa (rough) lava tameiameiae, Melicope clusiifolia, and critical habitat for Achyranthes mutica with well-developed pockets of soil, and Rubus hawaiiensis, or sphagnum moss; on Hawaii. Within these units, the containing one or more of the following and currently known primary constituent associated native plant species: (ii) Elevations between 1,106 and elements of critical habitat include, but Asplenium peruvianum var. insulare, 1,676 m (3,627 and 5,459 ft). are not limited to, the habitat Carex alligata, Carex sp., Coprosma Clermontia components provided by: ernodeoides, Coprosma montana, Family Campanulaceae: lindseyana (i) Acacia koaia lowland dry forest, Deschampsia nubigena, Dodonaea (oha wai) primarily in gulches but also in remnant viscosa, Dubautia ciliolata, Gahnia Hawaii 1—Clermontia lindseyana—a, stands of forest, and containing one or gahniiformis, Geranium cuneatum, Hawaii 2—Clermontia lindseyana—b, more of the following associated native Leptecophylla tameiameiae, and Hawaii 30—Clermontia plant species: Dodonaea viscosa, Metrosideros polymorpha, Plantago lindseyana—c, identified in the legal Erythrina sandwicensis, Metrosideros hawaiensis, Rhynchospora chinensis, descriptions in paragraph (k) of this
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section, constitute critical habitat for Family Campanulaceae: Cyanea and containing one or more of the Clermontia lindseyana on Hawaii. hamatiflora ssp. carlsonii (haha) following associated native plant Within these units, the currently known Hawaii 11—Cyanea hamatiflora ssp. species: Cheirodendron trigynum, Ilex primary constituent elements of critical carlsonii—a, Hawaii 14—Cyanea anomala, or Myrsine lessertiana; and (ii) Elevations between 1,629 and habitat include, but are not limited to, hamatiflora ssp. carlsonii—b, Hawaii 2,025 m (5,345 and 6,645 ft). the habitat components provided by: 15—Cyanea hamatiflora ssp. carlsonii— (i) Slightly open forest cover in wet c, and Hawaii 16—Cyanea hamatiflora Family Campanulaceae: Cyanea and mesic Metrosideros polymorpha- ssp. carlsonii—d, identified in the legal stictophylla (haha) Acacia koa forest, M. polymorpha forest, descriptions in paragraph (k) of this Hawaii 15—Cyanea stictophylla—a, and mixed montane mesic M. section, constitute critical habitat for polymorpha-Acacia koa forest and Hawaii 16—Cyanea stictophylla—b, Cyanea hamatiflora ssp. carlsonii on Hawaii 24—Cyanea stictophylla—c, and containing one or more of the following Hawaii. Within these units, the associated native plant species: Hawaii 30—Cyanea stictophylla—d, currently known primary constituent identified in the legal descriptions in Athyrium sp., Cheirodendron trigynum, elements of critical habitat include, but Coprosma sp., Leptecophylla paragraph (k) of this section, constitute are not limited to, the habitat critical habitat for Cyanea stictophylla tameiameiae, Peperomia sp., or Rubus components provided by: hawaiiensis; and on Hawaii. Within these units, the (i) Mesic montane forest dominated currently known primary constituent (ii) Elevations between 1,495 and by Acacia koa or Metrosideros 1,953 m (4,906 and 6,407 ft). elements of critical habitat include, but polymorpha, and containing one or are not limited to, the habitat Family Campanulaceae: Clermontia more of the following associated native components provided by: peleana (oha wai) plant species: Athyrium sp., Cibotium (i) Acacia koa or wet Metrosideros spp., Clermontia clermontioides, Hawaii 1—Clermontia peleana—a, polymorpha forests, containing one or Coprosma sp., Dryopteris sp., Hedyotis more of the following associated native Hawaii 3—Clermontia peleana—b, and sp., Ilex anomala, Myoporum Hawaii 29—Clermontia peleana—c, plant species: Cibotium sp., Melicope sandwicense, or Sophora chrysophylla; spp., or Urera glabra; and identified in the legal descriptions in and paragraph (k) of this section, constitute (ii) Between elevations of 1,056 and (ii) Elevations between 1,366 and 1,917 m (3,466 and 6,288 ft). critical habitat for Clermontia peleana 1,755 m (4,482 and 5,759 ft). on Hawaii. Within these units, the Family Campanulaceae: Delissea currently known primary constituent Family Campanulaceae: Cyanea undulata (NCN) platyphylla (haha) elements of critical habitat include, but Hawaii 10—Delissea undulata—a and are not limited to, the habitat Hawaii 3—Cyanea platyphylla—a and Hawaii 10—Delissea undulata—b, components provided by: Hawaii 29—Cyanea platyphylla—b, identified in the legal descriptions in (i) Montane, wet Metrosideros- identified in the legal descriptions in paragraph (k) of this section, constitute Cibotium forest containing one or more paragraph (k) of this section, constitute critical habitat for Delissea undulata on of the following associated native plant critical habitat for Cyanea platyphylla Hawaii. Within these units, the species: Cheirodendron trigynum, on Hawaii. Within these units, the currently known primary constituent Cibotium chamissoi, Cibotium currently known primary constituent elements of critical habitat include, but menziesii, Clermontia hawaiiensis, elements of critical habitat include, but are not limited to, the habitat Coprosma pubens, Cyrtandra are not limited to, the habitat components provided by: platyphylla, Ilex anomala, or Sadleria components provided by: (i) Dry cinder cones and open spp.; and (i) Metrosideros polymorpha-Acacia Metrosideros polymorpha and Sophora (ii) Elevations between 663 and 1,622 koa lowland and montane wet forests, chrysophylla forest, and containing one m (2,175 and 5,321 ft). containing one or more of the following or more of the following associated Family Campanulaceae: Clermontia associated native plant species: native plant species: Acacia koa, pyrularia (oha wai) Antidesma platyphyllum, Cibotium sp., Diospyros sandwicensis, Dodonaea Clermontia spp., Coprosma sp., viscosa, Nothocestrum breviflorum, Hawaii 1—Clermontia pyrularia—a Cyrtandra spp., Hedyotis sp., Perrottetia Psychotria spp., Santalum paniculatum, and Hawaii 2—Clermontia pyrularia—b, sandwicensis, Psychotria hawaiiensis, or Sophora chrysophylla; and identified in the legal descriptions in or Scaevola spp.; and (ii) Elevations between 893 to 1,734 m paragraph (k) of this section, constitute (ii) Elevations between 615 and 1,082 (2,928 to 5,690 ft). critical habitat for Clermontia pyrularia m (2,017 and 3,551 ft). on Hawaii. Within these units, the Family Caryophyllaceae: Silene currently known primary constituent Family Campanulaceae: Cyanea hawaiiensis (NCN) shipmanii elements of critical habitat include, but (haha) Hawaii 25—Silene hawaiiensis—a are not limited to, the habitat Hawaii 1—Cyanea shipmanii—a, and Hawaii 27—Silene hawaiiensis—b, components provided by: Hawaii 30—Cyanea shipmanii—b, and identified in the legal descriptions in (i) Wet and mesic montane forest Hawaii 30—Cyanea shipmanii—c, paragraph (k) of this section, constitute dominated by Acacia koa or identified in the legal descriptions in critical habitat for Silene hawaiiensis on Metrosideros polymorpha, and paragraph (k) of this section, constitute Hawaii. Within these units, the subalpine dry forest dominated by M. critical habitat for Cyanea shipmanii on currently known primary constituent polymorpha, and containing one or Hawaii. Within these units, the elements of critical habitat include, but more of the following associated native currently known primary constituent are not limited to, the habitat plant species: Coprosma sp., Dryopteris elements of critical habitat include, but components provided by: wallichiana, Hedyotis sp., or Rubus are not limited to, the habitat (i) Weathered lava or variously aged hawaiensis; and components provided by: lava flows and cinder substrates in (ii) Elevations between 1,652 and (i) Montane mesic forest dominated montane and subalpine dry shrubland 2,026 m (5,416 to 6,646 ft). by Acacia koa-Metrosideros polymorpha containing one or more of the following
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associated native plant species: Hawaii. Within this unit, the currently Sporobolus virginicus, or Waltheria Dodonaea viscosa, Leptecophylla known primary constituent elements of indica; and tameiameiae, Metrosideros polymorpha, critical habitat include, but are not (ii) Elevations between sea level and Rumex giganteus, Sophora limited to, the habitat components 922 m (0 and 3,025 ft). chrysophylla, or Vaccinium reticulatum; provided by: Family Fabaceae: Vigna o-wahuensis (i) Diospyros sandwicensis- and (NCN) (ii) Elevations between 1,022 and Metrosideros polymorpha-Sapindus 2,413 m (3,352 and 7,915 ft). saponaria dominated lowland dry Hawaii 4—Vigna o-wahuensis—a, forests, often on a lava substrate, and Hawaii 4—Vigna o-wahuensis—b, and Family Convolvulaceae: Bonamia containing one or more of the following Hawaii 4—Vigna o-wahuensis—c, menziesii (NCN) associated native plant species: identified in the legal descriptions in Hawaii 10—Bonamia menziesii—a, Myoporum sandwicense, Osteomeles paragraph (k) of this section, constitute identified in the legal description in anthyllidifolia, Peperomia blanda var. critical habitat for Vigna o-wahuensis on paragraph (k) of this section, constitutes floribunda, Psydrax odorata, Rauvolfia Hawaii. Within these units, the critical habitat for Bonamia menziesii sandwicensis, or Sophora chrysophylla; currently known primary constituent on Hawaii. Within this unit, the and elements of critical habitat include, but currently known primary constituent (ii) Elevations between 278 and 342 m are not limited to, the habitat elements of critical habitat include, but (913 and 1,123 ft). components provided by: are not limited to, the habitat (i) Dodonaea viscosa lowland dry Flueggea components provided by: Family Euphorbiaceae: shrubland, containing one or more of (i) Dry forest, containing one or more neowawraea (mehamehame) the following associated native plant of the following associated native plant Hawaii 17—Flueggea neowawraea—a species: Chenopodium oahuense, species: Argemone glauca, Canavalia and Hawaii 18—Flueggea Dodonaea viscosa, Osteomeles hawaiiensis, Chenopodium oahuense, neowawraea—b, identified in the legal anthyllidifolia, Sida fallax, or Diospyros sandwicensis, Dodonaea descriptions in paragraph (k) of this Wikstroemia sp.; and viscosa, Erythrina sandwicensis, section, constitute critical habitat for (ii) Elevations between 717 and 993 m Metrosideros polymorpha, Myrsine Flueggea neowawraea on Hawaii. (2,352 and 3,259 ft). lanaiensis, Nototrichium sandwicense, Within these units, the currently known Family Gesneriaceae: Cyrtandra Osteomeles anthyllidifolia, Peperomia primary constituent elements of critical giffardii (haiwale) blanda var. floribunda, Pouteria habitat include, but are not limited to, sandwicensis, Psilotum nudum, the habitat components provided by: Hawaii 3—Cyrtandra giffardii—a, Santalum paniculatum, Sapindus (i) Mesic Metrosideros polymorpha Hawaii 29—Cyrtandra giffardii—b, and saponaria, Senna gaudichaudii, Sida forest, containing one or more of the Hawaii 30—Cyrtandra giffardii—c, fallax, Sophora chrysophylla, or following associated native plant identified in the legal descriptions in Xylosma hawaiiense; and species: Antidesma platyphyllum, paragraph (k) of this section, constitute (ii) Elevations between 492 and 697 m Antidesma pulvinatum, Diospyros critical habitat for Cyrtandra giffardii on (1,614 and 2,285 ft). sandwicensis, Nephrolepis spp., Hawaii. Within these units, the Nestegis sandwicensis, Pipturus albidus, currently known primary constituent Sicyos alba Family Cucurbitaceae: Pisonia spp., Pittosporum hosmeri, elements of critical habitat include, but (anunu) Psychotria hawaiiensis, or Psydrax are not limited to, the habitat Hawaii 30—Sicyos alba—a, identified odorata; and components provided by: in the legal description in paragraph (k) (ii) Elevations between 499 and 818 m (i) Wet montane forest dominated by of this section, constitutes critical (1,637 and 2,684 ft). Cibotium sp. or Metrosideros habitat for Sicyos alba on Hawaii. polymorpha, and Metrosideros Family Fabaceae: Sesbania Within this unit, the currently known polymorpha-Acacia koa lowland wet tomentosa (ohai) primary constituent elements of critical forests, and containing one or more of habitat include, but are not limited to, Hawaii 20—Sesbania tomentosa—a the following associated native plant the habitat components provided by: and Hawaii 23—Sesbania tomentosa— species: Astelia menziesiana, Diplazium (i) Metrosideros polymorpha-Cibotium b, identified in the legal descriptions in sandwichianum, Hedyotis terminalis, glaucum dominated montane wet paragraph (k) of this section, constitute Perrottetia sandwicensis, or other forests, containing one or more of the critical habitat for Sesbania tomentosa species of Cyrtandra; and following associated native plant on Hawaii. Within these units, the (ii) Between elevations of 654 and species: Astelia menziesiana, Athyrium currently known primary constituent 1,440 m (2,146 and 4,723 ft). microphyllum and other ferns, elements of critical habitat include, but Family Gesneriaceae: Cyrtandra Broussaisia arguta, Cheirodendron are not limited to, the habitat tintinnabula (haiwale) trigynum, Coprosma sp., Cyanea components provided by: tritomantha, Cyrtandra lysiosepala, (i) Open, dry Metrosideros Hawaii 3—Cyrtandra tintinnabula—a Perrottetia sandwicensis, Platydesma polymorpha forest with mixed native and Hawaii 29—Cyrtandra spathulata, Pritchardia beccariana, grasses, Scaevola taccada coastal dry tintinnabula—b, identified in the legal Psychotria sp., or Stenogyne sp.; and shrubland on windswept slopes, and descriptions in paragraph (k) of this (ii) Elevations between 966 and 1,546 weathered basaltic slopes, and section, constitute critical habitat for m (3,170 and 5,072 ft). containing one or more of the following Cyrtandra tintinnabula on Hawaii. associated native plant species: Within these units, the currently known Family Cyperaceae: Mariscus fauriei Dodonaea viscosa, Fimbristylis primary constituent elements of critical (NCN) hawaiiensis, Ipomoea pes-caprae, habitat include, but are not limited to, Hawaii 19—Mariscus fauriei—a, Jacquemontia ovalifolia ssp. the habitat components provided by: identified in the legal description in sandwicensis, Leptecophylla (i) Lowland wet forest dominated by paragraph (k) of this section, constitutes tameiameiae, Melanthera integrifolia, dense Acacia koa, Metrosideros critical habitat for Mariscus fauriei on Myoporum sandwicense, Sida fallax, polymorpha, and Cibotium spp. and
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containing one or more of the following (i) Metrosideros polymorpha and Nestegis sandwicensis, Pipturus albidus, associated native plant species: Cibotium montane and lowland wet Psychotria sp., or Sapindus saponaria; Cyrtandra spp. or Hedyotis spp.; and forest, in which Acacia koa or and (ii) Between elevations 641 and 1,391 Cheirodendron trigynum may co- (ii) Elevations between 1,193 and m (2,102 and 4,565 ft). dominate, and containing one or more 1,274 m (3,914 and 4,181 ft). of the following associated native plant Family Malvaceae: Hibiscadelphus Family Lamiaceae: Phyllostegia species: Antidesma platyphyllum, hualalaiensis (hau kuahiwi) racemosa (kiponapona) Athyrium sandwicensis, Broussaisia Hawaii 1—Phyllostegia racemosa—a, arguta, Clermontia parviflora, Coprosma Hawaii 10—Hibiscadelphus Hawaii 2—Phyllostegia racemosa—b, sp., Cyanea pilosa, Cyanea spp., hualalaiensis— a, identified in the legal and Hawaii 30—Phyllostegia Hedyotis sp., Machaerina angustifolia, description in paragraph (k) of this racemosa—c, identified in the legal Pipturus albidus, Psychotria section, constitutes critical habitat for descriptions in paragraph (k) of this hawaiiensis, or Sadleria pallida; and Hibiscadelphus hualalaiensis on section, constitute critical habitat for (ii) Elevations between 681 and 1,411 Hawaii. Within this unit, the currently Phyllostegia racemosa on Hawaii. m (2,234 and 4,629 ft). known primary constituent elements of critical habitat include, but are not Within these units, the currently known Family Liliaceae: Pleomele limited to, the habitat components primary constituent elements of critical hawaiiensis (hala pepe) habitat include, but are not limited to, provided by: the habitat components provided by: Hawaii 7—Pleomele hawaiiensis—a, (i) Dry-mesic to dry Metrosideros Hawaii 10—Pleomele hawaiiensis—b, (i) Tree trunks in Acacia koa, forest on rocky substrate in deep soils Hawaii 18—Pleomele hawaiiensis—c, Metrosideros polymorpha, and Cibotium and containing one or more of the and Hawaii 23—Pleomele hawaiiensis— sp. dominated montane mesic or wet following native plant species: Acacia d, identified in the legal descriptions in forests and containing one or more of koa, Coprosma rhynchocarpa, paragraph (k) of this section, constitute the following associated native plant Dodonaea viscosa, Melicope spp., critical habitat for Pleomele hawaiiensis species: Dryopteris wallichiana, Rubus Metrosideros polymorpha, Myoporum on Hawaii. Within these units, the hawaiiensis, or Vaccinium calycinum; sandwicense, Nestegis sandwicensis, currently known primary constituent and Pipturus albidus, Psychotria sp., or elements of critical habitat include, but (ii) Elevations between 1,371 and Sapindus saponaria; and are not limited to, the habitat (ii) Between elevations 512 and 1,223 1,935 m (4,498 and 6,349 ft). components provided by: m (1,679 and 4,012 ft). Family Lamiaceae: Phyllostegia (i) Open aa lava in diverse lowland Family Malvaceae: Hibiscus velutina (NCN) dry forests and Metrosideros-Diospyros lowland dry forest, and containing one brackenridgei (mao hau hele) Hawaii 24—Phyllostegia velutina—a or more of the following associated Hawaii 10—Hibiscus brackenridgei— and Hawaii 30—Phyllostegia velutina— native plant species: Bidens micrantha a, identified in the legal description in b, identified in the legal descriptions in ssp. ctenophylla, Bobea timonioides, paragraph (k) of this section, constitutes paragraph (k) of this section, constitute Caesalpinia kavaiensis, Cocculus critical habitat for Hibiscus critical habitat for Phyllostegia velutina trilobus, Colubrina oppositifolia, brackenridgei on Hawaii. Within this on Hawaii. Within these units, the Diospyros sandwicensis, Dodonaea unit, the currently known primary currently known primary constituent viscosa, Erythrina sandwicensis, Kokia constituent elements of critical habitat elements of critical habitat include, but drynarioides, Metrosideros polymorpha, include, but are not limited to, the are not limited to, the habitat Myoporum sandwicense, Neraudia habitat components provided by: components provided by: ovata, Nestegis sandwicensis, (i) Acacia koa lowland mesic forest (i) Metrosideros polymorpha-Acacia Nothocestrum breviflorum, containing one or more of the following koa dominated montane mesic and wet Nototrichium sandwicense, Osteomeles native plants species: Reynoldsia forests containing one or more of the anthyllidifolia, Psydrax odorata, sandwicensis or Sida fallax; and following native plant species: Reynoldsia sandwicensis, Santalum (ii) Elevations between 649 and 847 Athyrium microphyllum and other paniculatum, Sida fallax, or Sophora (2,130 and 2,779 ft). native wet forest terrestrial ferns, chrysophylla; and Cheirodendron trigynum, Cibotium spp., Family Plantaginaceae: Plantago (ii) Elevations between 86 and 892 m hawaiensis (laukahi kuahiwi) Coprosma sp., Dryopteris wallichiana, (281 and 2,925 ft). Ilex anomala, Myrsine lessertiana, Hawaii 24—Plantago hawaiensis—a, Pipturus albidus, Rubus hawaiiensis, or Family Malvaceae: Hibiscadelphus Hawaii 25—Plantago hawaiensis—b, Vaccinium calycinum; and giffardianus (hau kuahiwi) and Hawaii 30—Plantago hawaiensis— (ii) Elevations between 966 and 1,881 Hawaii 26—Hibiscadelphus c, identified in the legal descriptions in m (3,168 and 6,170 ft). giffardianus—a, identified in the legal paragraph (k) of this section, constitute description in paragraph (k) of this critical habitat for Plantago hawaiensis Family Lamiaceae: Phyllostegia section, constitutes critical habitat for on Hawaii. Within these units, the warshaueri (NCN) Hibiscadelphus giffardianus on Hawaii. currently known primary constituent Hawaii 3—Phyllostegia warshaueri—a Within this unit, the currently known elements of critical habitat include, but and Hawaii 8—Phyllostegia primary constituent elements of critical are not limited to, the habitat warshaueri—b, identified in the legal habitat include, but are not limited to, components provided by: descriptions in paragraph (k) of this the habitat components provided by: (i) Montane wet sedge land (often in section, constitute critical habitat for (i) Mixed montane mesic forest damp cracks of pahoehoe lava) with Phyllostegia warshaueri on Hawaii. containing one or more of the following mixed sedges and grasses, montane Within these units, the currently known native plant species: Acacia koa, mesic forest, dry subalpine woodland, primary constituent elements of critical Coprosma rhynchocarpa, Dodonaea or Metrosideros polymorpha and native habitat include, but are not limited to, viscosa, Melicope spp., Metrosideros shrub, and containing one or more of the habitat components provided by: polymorpha, Myoporum sandwicense, the following associated native plant
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species: Acacia koa, Coprosma timonioides, Erythrina sandwicensis, include, but are not limited to, the ernodeoides, Coprosma montana, Leptecophylla tameiameiae, Nestegis habitat components provided by: Dodonaea viscosa, Leptecophylla sandwicensis, Nothocestrum (i) Metrosideros polymorpha tameiameiae, Metrosideros polymorpha, breviflorum, Nototrichium sandwicense, dominated montane mesic forest, often or Vaccinium reticulatum; and Peperomia sp., Pleomele hawaiiensis, on aa lava, and containing one or more (ii) Elevations between 1,584 and Psydrax odorata, Rauvolfia of the following associated native plant 2,513 m (5,198 and 8,243 ft). sandwicensis, Reynoldsia sandwicensis, species: Diospyros sandwicensis, Myrsine sp., Pouteria sandwicensis, Family Poaceae: Ischaemum byrone or Sophora chrysophylla; and (ii) Elevations between 177 and 927 m Psychotria sp., Reynoldsia (Hilo ischaemum) (580 and 3,042 ft). sandwicensis, Santalum paniculatum, Hawaii 21—Ischaemum byrone—a or Sophora chrysophylla; and Gouania and Hawaii 22—Ischaemum byrone—b, Family Rhamnaceae: (ii) Elevations between 874 and 1,208 vitifolia identified in the legal descriptions in (NCN) m (2,867 and 3,964 ft). paragraph (k) of this section, constitute Hawaii 18—Gouania vitifolia—a, Nothocestrum critical habitat for Ischaemum byrone on identified in the legal description in Family Solanaceae: breviflorum Hawaii. Within these units, the paragraph (k) of this section, constitutes (aiea) currently known primary constituent critical habitat for Gouania vitifolia on Hawaii 5—Nothocestrum elements of critical habitat include, but Hawaii. Within this unit, the currently breviflorum—a, Hawaii 6— are not limited to, the habitat known primary constituent elements of Nothocestrum breviflorum—b, and components provided by: critical habitat include, but are not Hawaii 10—Nothocestrum (i) Coastal wet to dry shrubland, near limited to, the habitat components breviflorum—c, identified in the legal the ocean, rocks or pahoehoe lava in provided by: descriptions in paragraph (k) of this cracks and holes, and containing one or (i) Dry, rocky ridges and slopes in dry section, constitute critical habitat for more of the following associated native shrubland or dry to mesic Nestegis- Nothocestrum breviflorum on Hawaii. plant species: Fimbristylis cymosa, or Metrosideros forests on old substrate Within these units, the currently known Scaevola taccada; and kipuka and containing one or more of primary constituent elements of critical (ii) Elevations between sea level and the following associated native plant habitat include, but are not limited to, 28 m (0 and 91 ft). species: Nephrolepis spp., Nestegis the habitat components provided by: sandwicensis, Pipturus albidus, (i) Lowland dry forest, montane dry Family Portulacaceae: Portulaca Wikstroemia phillyreifolia, or W. forest, or montane mesic forest sclerocarpa (poe) sandwicensis; and dominated by Acacia koa, Diospyros Hawaii 27—Portulaca sclerocarpa—a, (ii) Elevations between 536 and 1,020 sandwicensis, or Metrosideros identified in the legal description in m (1,757 and 3,346 ft). polymorpha on aa lava substrates, and paragraph (k) of this section, constitutes containing one or more of the following Melicope critical habitat for Portulaca sclerocarpa Family Rubiaceae: associated native plant species: Bidens zahlbruckneri on Hawaii. Within this unit, the (alani) micrantha ssp. ctenophylla, Caesalpinia currently known primary constituent Hawaii 24—Melicope zahlbruckneri— kavaiensis, Colubrina oppositifolia, elements of critical habitat include, but a and Hawaii 26—Melicope Delissea undulata, Dodonaea viscosa, are not limited to, the habitat zahlbruckneri—b, identified in the legal Erythrina sandwicensis, Hibiscadelphus components provided by: descriptions in paragraph (k) of this hualalaiensis, Kokia drynarioides, (i) Weathered Mauna Kea soils, cinder section, constitute critical habitat for Myoporum sandwicense, Osteomeles cones, or geologically young lavas, in Melicope zahlbruckneri on Hawaii. anthyllidifolia, Psydrax odorata, montane dry shrubland, often on bare Within these units, the currently known Reynoldsia sandwicensis, Santalum cinder, near steam vents, or in open primary constituent elements of critical ellipticum, Santalum paniculatum, or Metrosideros polymorpha dominated habitat include, but are not limited to, Sophora chrysophylla; and woodlands, and containing one or more the habitat components provided by: (ii) Elevations between 45 and 1,236 of the following associated native plant (i) Acacia koa-Metrosideros m (146 and 4,055 ft). species: Dodonaea viscosa, Melanthera polymorpha dominated montane mesic Solanum venosa, or Sophora chrysophylla; and forest containing one or more of the Family Solanaceae: incompletum (ii) Elevations between 941 and 1,634 following associated native plant (popolo ku mai) m (3,087 to 5,360 ft). species: Coprosma rhynchocarpa, Hawaii 10—Solanum incompletum— Melicope spp., Myoporum sandwicense, a and Hawaii 11—Solanum Family Rhamnaceae: Colubrina Nestegis sandwicensis, Pipturus albidus, incompletum—b, identified in the legal oppositifolia (kauila) Pisonia brunoniana, Psychotria descriptions in paragraph (k) of this Hawaii 10—Colubrina oppositifolia— hawaiiensis, Sapindus saponaria, or section, constitute critical habitat for a and Hawaii 18—Colubrina Zanthoxylum dipetalum; and Solanum incompletum on Hawaii. oppositifolia—b, identified in the legal (ii) Elevations between 1,060 and Within these units, the currently known descriptions in paragraph (k) of this 1,336 m (3,476 and 4,383 ft). primary constituent elements of critical section, constitute critical habitat for habitat include, but are not limited to, Family Rutaceae: Zanthoxylum Colubrina oppositifolia on Hawaii. the habitat components provided by: dipetalum tomentosum Within these units, the currently known var. (ae) (i) Dry to mesic forest, diverse mesic primary constituent elements of critical Hawaii 10—Zanthoxylum dipetalum forest, or subalpine forest, and habitat include, but are not limited to, ssp. tomentosum—a, identified in the containing one or more of the following the habitat components provided by: legal description in paragraph (k) of this associated native plant species: (i) Lowland dry and mesic forests section, constitutes critical habitat for Myoporum sandwicense, Myrsine dominated by Diospyros sandwicensis Zanthoxylum dipetalum var. lanaiensis, or Sophora chrysophylla; or Metrosideros polymorpha and tomentosum on Hawaii. Within this and containing one or more of the following unit, the currently known primary (ii) Elevations between 1,185 and associated native plant species: Bobea constituent elements of critical habitat 2,169 m (3,887 and 7,115 ft).
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Family Urticaceae: Neraudia ovata Family Violaceae: Isodendrion Family Aspleniaceae: Diellia erecta (NCN) pyrifolium (wahine noho kula) (asplenium-leaved diellia) Hawaii 10—Neraudia ovata—a and Hawaii 12—Isodendrion pyrifolium— Hawaii 17—Diellia erecta—a and Hawaii 18—Neraudia ovata—d, a and Hawaii 13—Isodendrion Hawaii 18—Diellia erecta—b, identified identified in the legal descriptions in pyrifolium—b, identified in the legal in the legal descriptions in paragraph (k) paragraph (k) of this section, constitute descriptions in paragraph (k) of this of this section, constitute critical habitat critical habitat for Neraudia ovata on section, constitute critical habitat for for Diellia erecta on Hawaii. Within Hawaii. Within these units, the Isodendrion pyrifolium on Hawaii. these units, the currently known currently known primary constituent Within these unit, the currently known primary constituent elements of critical elements of critical habitat include, but primary constituent elements of critical habitat include, but are not limited to, are not limited to, the habitat habitat include, but are not limited to, the habitat components provided by: components provided by: the habitat components provided by: (i) Metrosideros polymorpha-Nestegis sandwicensis lowland mesic forest (i) Lowland dry forests containing one (i) Open Metrosideros polymorpha- containing one or more of the following or more of the following native plant Sophora chrysophylla dominated associated native plant species: species: Myoporum sandwicense, lowlands, montane dry forests, or Antidesma platyphyllum, A. Psydrax odorata, Sida fallax, Sophora Metrosideros-shrub woodland, and pulvinatum, Diospyros sandwicensis, chrysophylla, or Waltheria indica; and containing one or more of the following Microlepia sp., Nephrolepis spp. associated native plant species: Bidens (ii) Elevations between 29 and 128 m Nestegis sandwicensis, Psydrax odorata, micrantha ssp. ctenophylla, Capparis (94 and 420 ft). Wikstroemia phillyreifolia, or sandwichiana, Cocculus orbiculatus, (2) Ferns and allies. Wikstroemia sandwicensis; and Fimbristylis hawaiiensis, Myoporum (ii) Elevations between 510 and 981 m Asplenium sandwicense, Myrsine lanaiensis, Family Aspleniaceae: (1,672 and 3,217 ft). Myrsine lessertiana, Nothocestrum fragile var. insulare (NCN) breviflorum, Pleomele hawaiiensis, or Family Grammitidaceae: Adenophorus Reynoldsia sandwicensis; and Hawaii 24—Asplenium fragile var. periens (pendent kihi fern) insulare—a, identified in the legal (ii) Elevations between 28 and 1,526 description in paragraph (k) of this Hawaii 28—Adenophorus periens—a, m (93 to 5,005 ft). section, constitutes critical habitat for identified in the legal description in paragraph (k) of this section, constitutes Family Violaceae: Isodendrion Asplenium fragile var. insulare on critical habitat for Adenophorus periens hosakae (aupaka) Hawaii. Within this unit, the currently known primary constituent elements of on Hawaii. Within this unit, the Hawaii 4—Isodendrion hosakae—a, critical habitat include, but are not currently known primary constituent Hawaii 4—Isodendrion hosakae—b, limited to, the habitat components elements of critical habitat include but Hawaii 4—Isodendrion hosakae—c, provided by: are not limited to, the habitat Hawaii 4—Isodendrion hosakae—d, components provided by: (i) Metrosideros polymorpha dry (i) Epiphytic on Metrosideros Hawaii 4—Isodendrion hosakae—e, and montane forest; Dodonaea viscosa dry Hawaii 4—Isodendrion hosakae—f, polymorpha or Ilex anomala, or montane shrubland; Myoporum possibly other native tree trunks, in identified in the legal descriptions in sandwicense-Sophora chrysophylla dry paragraph (k) of this section, constitute Metrosideros polymorpha-Cibotium montane forest; Metrosideros glaucum lowland wet forest containing critical habitat for Isodendrion hosakae polymorpha-Acacia koa forest; or on Hawaii. Within these units, the one or more of the following associated subalpine dry forest and shrubland with native plant species: Broussasia arguta, currently known primary constituent large, moist lava tubes (3.05 to 4.6 m (10 elements of critical habitat include, but Cheirodendron trigynum, Cyanea sp., to 15 ft) in diameter), pits, deep cracks, Cyrtandra sp., Dicranopteris linearis, are not limited to, the habitat and lava tree molds that have at least a components provided by: Freycinetia arborea, Hedyotis moderate soil or ash accumulation or terminalis, Labordia hirtella, (i) Cinder cones with montane dry that are at the interface between younger Machaerina angustifolia, Psychotria shrubland and containing one or more aa lava flows and much older pahoehoe hawaiiensis, or Psychotria sp.; and of the following associated native plant lava or ash deposits with a fairly (ii) Elevations between 675 and 921 m species: Bidens menziesii, Dodonaea consistent microhabitat (areas that are (2,215 and 3,021 ft). viscosa, Dubautia linearis, moist and dark); and containing one or Leptecophylla tameiameiae, Melanthera more of the following associated native * * * * * venosa, Osteomeles anthyllidifolia, plant species: Leptecophylla Dated: May 30, 2003. Santalum ellipticum, Sophora tameiameiae, Phyllostegia ambigua, Paul Hoffman, chrysophylla, or Wikstroemia Vaccinium reticulatum, mosses, or Acting Assistant Secretary for Fish and pulcherrima; and liverworts; and Wildlife and Parks. (ii) Elevations between 717 and 1,242 (ii) Elevations between 1,313 and [FR Doc. 03–14143 Filed 7–1–03; 8:45 am] m (2,352 and 4,074 ft). 2,194 m (4,306 and 7,198 ft). BILLING CODE 4310–55–P
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Part III
Department of Health and Human Services Centers for Medicare & Medicaid Services
Medicare Program; Home Health Prospective Payment System Rate Update for FY 2004; Notice
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DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: B. System for Payment of Home Health HUMAN SERVICES Inspection of Public Comments: Services Comments received timely will be Generally, Medicare makes payment Centers for Medicare & Medicaid available for public inspection as they under the HH PPS on the basis of a Services are received, generally beginning national standardized 60-day episode [CMS–1473–NC] approximately 3 weeks after publication payment, adjusted for case mix and of a document, at the headquarters of RIN 0938–AL94 wage index. For episodes with four or the Centers for Medicare & Medicaid fewer visits, Medicare pays on the basis Medicare Program; Home Health Services, 7500 Security Boulevard, of a national per-visit amount by Prospective Payment System Rate Baltimore, Maryland 21244, Monday discipline, referred to as a low Update for FY 2004 through Friday of each week from 8:30 utilization payment adjustment (LUPA). a.m. to 4 p.m. To schedule an Medicare also adjusts the 60-day AGENCY: Centers for Medicare & appointment to view public comments, episode payment for certain intervening Medicaid Services (CMS), HHS. phone (410) 786–7195. events that give rise to a partial episode ACTION: Notice with comment period. Copies: To order copies of the Federal payment adjustment or a significant change in condition adjustment. For SUMMARY: This notice with comment Register containing this document, send your request to: New Orders, certain cases that exceed a specific cost period sets forth an update to the 60-day threshold, an outlier adjustment may national episode rates and the national Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. also be available. For a complete and per-visit amounts under the Medicare full description of the HH PPS as prospective payment system for home Specify the date of the issue requested and enclose a check or money order required by the BBA and as refined by health agencies. It also responds to the Omnibus Consolidated and public comments received on the June payable to the Superintendent of Documents, or enclose your Visa or Emergency Supplemental 28, 2002 notice with comment period, Appropriations Act (OCESAA) for FY which set forth the home health Master Card number and expiration date. Credit card orders can also be 1999, Pub. L. 105–277, enacted on prospective payment system rate update October 21, 1998, and the Medicare, for FY 2003. placed by calling the order desk at (202) 512–1800 or by faxing to (202) 512– Medicaid and SCHIP Balanced Budget EFFECTIVE DATE: Effective Date: The rate 2250. The cost for each copy is $10. As Refinement Act of 1999, Pub. L. 106– updates in this notice with comment an alternative, you can view and 113, enacted on November 29, 1999, see period are effective on October 1, 2003. photocopy the Federal Register the July 3, 2000 HH PPS final rule (65 Comment Period: We will consider document at most libraries designated FR 41128). comments if we receive them at the as Federal Depository Libraries and at appropriate address, as provided below, II. Analysis of and Responses To many other public and academic no later than 5 p.m. on August 29, 2003. Comments on the Home Health libraries throughout the country that Prospective Payment System June 28, ADDRESSES: In commenting, please refer receive the Federal Register. to file code CMS–1473–NC. Because of 2002 Notice With Comment Period staff and resource limitations, we cannot This Federal Register document is On June 28, 2002, we published a accept comments by facsimile (FAX) also available from the Federal Register notice with comment period in the transmission. Mail written comments online database through GPO access, a Federal Register (67 FR 43616) that set (one original and three copies) to the service of the U.S. Government Printing forth an update to the 60-day national following address ONLY: Centers for Office. The Web site address is http:// episode rates and the national per-visit Medicare & Medicaid Services, www.access.gpo.gov/nara/index.html. amounts under the Medicare Department of Health and Human I. Background prospective payment system for HHA Services, Attention: CMS–1473–NC, for FY 2003. In this section, we respond Legislation on Payment to Home Health P.O. Box 8016, Baltimore, MD 21244– to the 10 public comments that we Agencies 8016. received on the FY 2003 HH PPS update Please allow sufficient time for mailed A. Balanced Budget Act of 1997 notice: comments to be timely received in the Comment: Commenters disagreed event of delivery delays. The Balanced Budget Act of 1997 with the statutory elimination of the 10 If you prefer, you may deliver (by (BBA), Pub. L. 105–33, enacted on percent rural add-on set forth in section hand or courier) your written comments August 5, 1997, significantly changed 508 of the Medicare, Medicaid, and (one original and three copies) to one of the way Medicare pays for Medicare SCHIP Benefits and Improvement the following addresses: Room 443–G, home health services. Until the Protection Act of 2000 (BIPA). Hubert H. Humphrey Building, 200 implementation of a home health Response: Section 508 of BIPA Independence Avenue, SW., prospective payment system (HH PPS) explicitly prescribes the time period Washington, DC 20201, or Room C5–14– on October 1, 2000, home health (home health services furnished in a 03, 7500 Security Boulevard, Baltimore, agencies (HHAs) received payment rural area ending on or after April 1, MD 21244–1850. under a cost-based reimbursement 2001, and before April 1, 2003) Comments mailed to the addresses system. Section 4603 of the BBA governing the 10 percent rural add-on. indicated as appropriate for hand or governed the development of the HH To conform to the statutory timeframe courier delivery may be delayed and PPS by adding section 1895 to the governing the rural add-on, the FY 2003 could be considered late. Social Security Act (the Act). update notice published on June 28, For information on viewing public Section 1895(b)(3)(B) of the Act 2002 included the expiration of the 10 comments, see the beginning of the requires the standard prospective percent rural add-on mid FY 2003. SUPPLEMENTARY INFORMATION section. payment amounts to be increased by a Comment: Commenters believe the FOR FURTHER INFORMATION CONTACT: factor equal to the applicable home actuarial assumptions of the behavior Chester Robinson, (410) 786–6959 or health market basket increase for FY under the interim payment system (IPS) Susan Levy, (410) 786–9364. 2004. were flawed and inadequate data were
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provided to the public, thereby adjustment and corresponding impact comment period, we were referring to compromising the meaning of the public on the episode rates. Commenters urged the commenter’s request for a comments. us to refine the methodology governing retrospective recalculation of the initial Response: We do not agree with the low utilization payment adjustments. base year rates. commenters. For FY 2003, we must Response: We understand the Comment: A commenter is requesting comply with section 1895(b)(3)(A)(i)(III) commenter’s concerns. At this time, we specific data regarding the frequency of of the Act (as re-designated by section are continuing to gather HH PPS data. outlier payments, any Home Health 501 of BIPA) governing the payment As we gather more data, we will Resource Group (HHRG) connections to amount under HH PPS. Section continue to monitor this issue. outlier payments, and the range of 1895(b)(3)(A)(i)(III) of the Act requires Comment: One commenter requested discipline-specific visits occurring in the Secretary to determine the payment a detailed explanation of the market outlier cases and a re-evaluation of the amount for FY 2003 as if there were a basket inflation update utilized in the outlier methodology. 15 percent reduction to the limits under FY 2003 PPS rate setting. The Response: We appreciate the the IPS updated to FY 2003. The IPS commenter points out that costs of comment. We are still developing the ended with the implementation of home home care services have increased data requested by the commenter. We health PPS on October 1, 2000. recently due to new administrative anticipate releasing and/or publishing Originally, the BBA 1997 required the responsibilities and reduced economies the data upon their completion. base year PPS rates to be budget neutral of scale due to lowered visit volume. As Comment: We received comments on to the IPS with the limits reduced by 15 a result of staff shortages of nurses and the pre-floor and pre-reclassified percent. This requirement was delayed home health aides, labor costs have hospital wage index. Specifically, in subsequent legislation until section increased. In addition, the HHAs have commenters noted that a reduction in 501 of BIPA made it applicable to the experienced rising premiums for wage index occurred in their area. home health PPS payment amount for liability insurance, workers Response: The HH PPS uses the pre- FY 2003. compensation insurance, and employee floor and pre-reclassified hospital wage As we explained in the FY 2003 health insurance. The commenter index. Accordingly, we refer the update notice, the level by which actual believes these factors should be commenters to the annual acute care payments to HHAs would be reduced by incorporated in the market basket hospital inpatient proposed and final lowering the limits is not the same calculations and feels that the market rules, which provide detailed percent by which the IPS limits would basket update relies on too many explanations of the costs that are be lowered. Our actuaries have used the proxies and surrogates for actual cost included in the hospital wage index and 7 percent reduction in the PPS rates in increases. how the hospital wage index is Response: We agree with the every estimate for legislation since BBA calculated. The hospital wage index is commenter that showing the detail of 1997. Since it was the intention of the computed annually, using data collected the market basket increase for each Congress to delay the cut it had already annually from hospitals’ Medicare cost year’s payment update would be reports. In addition, hospital data may specified, we have simply captured the helpful. Thus, in this year’s rule, we reductions in payments and carried differ from year-to-year, in part, because have added a table detailing the FY in labor market areas with few hospitals, those assumptions forward to the 2004 market basket forecast, which we annual variations in wage index values present. If our actuaries had attempted believe adequately reflects the price are typical. to impute the continued operation of the increases for home health services (see IPS until October 2002 given the Table 1 in section III.B. of this notice). Comment: A commenter urged us to amount of money available under the Comment: Some commenters develop a home health specific wage IPS limits that had not been spent, the suggested that it is inappropriate and index. actuaries may have well identified a inequitable to use the previous fiscal Response: We have previously larger reduction in payments. We did year’s pre-floor and pre-reclassified developed a home health specific wage not believe such a result was the intent hospital wage index to adjust the index, which the industry did not of the Congress. current fiscal year’s HH PPS rates. support because it was viewed less Comment: Some commenters urged us Response: We believe that the favorably or less accurate than the pre- to postpone the FY 2003 reduction to hospital wage index data we use is the floor and pre-reclassified hospital wage the PPS rates until the Congress acts to most current data appropriate for index. Specifically, the home health repeal the reduction. adjusting HHA payments. As we have industry had concerns with the Response: The FY 2003 update notice stated in both the FY 2002 and FY 2003 methodology used to develop a home reflected the statutory requirements update notices, we use the most recent health specific wage index. These governing the home health PPS payment available pre-floor and pre-reclassified concerns coupled with our lack of amount. The statutory requirements hospital wage index data available at the applicable specific home health wage included both the required annual time of publication. index led to our adoption of the hospital update to the PPS rates, according to Comment: A commenter requested wage index in developing home health section 1895(b)(3)(B) of the Act and clarification of our response to PPS. We will, however, continue to section 1895(b)(3)(A)(i)(III) of the Act comments in the update notice review the feasibility of this reflecting the IPS estimation. Both published on June 28, 2002 in the recommendation. sections of the statute were effective Federal Register that states, ‘‘the statute III. Provisions of this Notice With October 1, 2002 for FY 2003. As the does not contemplate a recalculation of Comment Period statute was not revised as of October 1, the initial base year after the rates are 2002, the FY 2003 update notice established.’’ The commenter requested A. National Standardized 60-Day appropriately reflected the statutory specific clarification of whether or not Episode Rate requirements as of that date. we were referring to the retrospective or Medicare HH PPS has been effective Comment: Some commenters raised prospective recalculation. since October 1, 2000. As set forth in the concerns about the assumptions used to Response: In our response to the final rule published July 3, 2000 in the determine the low utilization payment comments on the June 2002 notice with Federal Register (65 FR 41128), the unit
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of payment under Medicare HH PPS is discussed in section III.C of this notice between payment years associated with a national standardized 60-day episode with comment period. providing home health services. In rate. As set forth in 42 CFR 484.220, we Medicare pays the 60-day case-mix column 1 of Table 1, we have provided adjust the national standardized 60-day and wage-adjusted episode payment on the 1993-based cost category episode rate by case mix and wage a split percentage payment approach. components. In column 2 of Table 1, the index based on the site of service for the The split percentage payment approach weights in the home health market beneficiary. The FY 2004 HH PPS rates includes an initial percentage payment basket represent the average cost use the same case-mix methodology and and a final percentage payment as set structure for freestanding HHAs for a application of the wage index forth in § 484.205(b)(1) and (b)(2). We base year, currently 1993. The weights adjustment to the labor portion of the may base the initial percentage payment are derived using Medicare Cost Reports HH PPS rates as set forth in the July 3, on the submission of a request for for freestanding HHAs, augmented with 2000 final rule. We multiply the anticipated payment and the final additional information from the U.S. national 60-day episode rate by the percentage payment on the submission Department of Commerce, Bureau of patient’s applicable case-mix weight. of the claim for the episode, as Economic Analysis’ Input-Output We divide the case-mix adjusted discussed in regulations in § 409.43. Tables. In column 3 of Table 1, the amount into a labor and non-labor The claim for the episode that the HHA proxies used in the home health market portion. We multiply the labor portion submits for the final percentage basket are selected for their by the applicable wage index based on payment determines the total payment representativeness in tracking pure the site of service of the beneficiary. The amount for the episode and whether we price changes and are generally publicly labor portion of the rate continues to be make an applicable adjustment to the available price series from the U.S. .77668 and the non-labor portion of the 60-day case-mix and wage-adjusted Bureau of Labor Statistics. In column 4 rate continues to be .22332. We add the episode payment. The end date of the of Table 1, the home health market wage-adjusted portion to the non-labor 60-day episode as reported on the claim basket percent change, or update, for FY portion yielding the case-mix and wage- determines the rate level at which 2004 is calculated as the weighted adjusted 60-day episode rate subject to Medicare will pay the claim for the average of these specific price proxy applicable adjustments. fiscal period. changes. We feel that the home health For FY 2004, we use again the design In summary, we may adjust the 60- market basket accurately reflects the and case-mix methodology described in day case-mix and wage adjusted episode price changes facing HHAs in providing section III.G of the HH PPS July 3, 2000 payment based on the information an efficient level of care. final rule (65 FR 41192 through 41203). submitted on the claim to reflect the Market baskets are periodically For FY 2004, we base the wage index following: rebased and revised to a more current adjustment to the labor portion of the • A low utilization payment provided base year. To this end, we have been PPS rates on the most recent pre-floor on a per-visit basis as set forth in monitoring the most recently available and pre-reclassified hospital wage index § 484.205(c) and § 484.230. data (for proposes of this analysis, we available at the time of publication of • A partial episode payment used 1999 data) on the distribution of this notice, which is discussed in adjustment as set forth in § 484.205(d) costs in providing home health services section III.C of this notice with and § 484.235. and the appropriateness of our price comment period. • A significant change in condition proxies. Though this work is still very As discussed in the July 3, 2000 HH adjustment as set forth in § 484.205(e) preliminary, the distribution of costs PPS final rule, for episodes with four or and § 484.237. through 1999 does not appear to be fewer visits, Medicare pays the national • An outlier payment as set forth in dramatically different than the per-visit amount by discipline, referred § 484.205(f) and § 484.240. distribution of costs in the 1993 base to as a LUPA. We update the national This notice with comment period year. We will continue to monitor these per-visit amounts by discipline annually reflects the updated FY 2004 rates that data, particularly data for the periods by the applicable home health market are effective October 1, 2003. after prospective payment began, to basket. We adjust the national per-visit determine the most appropriate time to amount by the appropriate wage index B. Structure and Methodology for FY rebase and revise the home health based on the site of service for the 2004 Market Basket market basket. In Table 1 below, we set beneficiary as set forth in § 484.230. We On July 1, 1996, we published a forth the 1993-based cost categories, adjust the labor portion of the updated notice with comment period (61 FR weights, price proxies, and FY 2004 national per-visit amounts by discipline 34349) in the Federal Register that fully updates for the market basket forecast. used to calculate the LUPA by the most explained the structure and In Table 2 below, we have provided a recent pre-floor and pre-reclassified methodology of the current home health comparison of the FY 2003 and FY 2004 hospital wage index available at the market basket. The home health market updates to the home health market time of publication of this notice, as basket captures the ‘‘pure price’’ change basket.
TABLE 1.—1993-BASED COST CATEGORIES, WEIGHTS, PRICE PROXIES, AND FY 2004 UPDATES
1993-based FY 2004 up- Cost category market bas- Price proxy date ket weight (percent)
Total ...... 100.000 ...... 3.3 Compensation, including allocated Contract Services’ labor ...... 77.668 ...... 3.6 Wages and salaries, including allocated contract services’ labor ...... 64.226 HHA Occupational Wage Index ...... 3.4 Employee benefits, including allocated contract services’ labor ...... 13.442 HHA Occupational Benefits Index ..... 4.7 Operations & Maintenance ...... 0.832 CPI–U Fuel & Other Utilities ...... 0.5 Administrative & General, including allocated contract services’ non-labor ... 9.569 ...... 2.7 Telephone ...... 0.725 CPI–U Telephone ...... 0.6
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TABLE 1.—1993-BASED COST CATEGORIES, WEIGHTS, PRICE PROXIES, AND FY 2004 UPDATES—Continued
1993-based FY 2004 up- Cost category market bas- Price proxy date ket weight (percent)
Paper & Printing ...... 0.529 CPI–U Household Paper, Paper 1.7 Products & Stationery Supplies. Postage ...... 0.724 CPI–U Postage ...... 1.8 Other Administrative & General, including allocated contract services’ non- 7.591 CPI–U Services ...... 3.0 labor. Transportation ...... 3.405 CPI–U Private Transportation ...... ¥0.4 Capital-Related ...... 3.204 ...... 2.6 Insurance ...... 0.560 CPI–U Household Insurance ...... 3.6 Fixed Capital ...... 1.764 CPI–U Owner’s Equivalent Rent ...... 3.3 Movable Capital ...... 0.880 PPI Machinery & Equipment ...... 0.1 Other Expenses, including allocated contract services’ nonlabor ...... 5.322 CPI–U All Items Less Food & Energy 2.7 Source: Global Insights Inc., 1st Qtr, 2003; @USMACRO/MODTREND @CISSIM/TL0203.SIM Historical data through 4TH Qtr, 2002
TABLE 2.—1993-BASED COST CATEGORIES, WEIGHTS, AND FY 2003 UPDATE VERSUS FY 2004 UPDATE
FY03 up- FY04 up- date (as of date (as of 1993-based 2001: 4th 2003: 1st Cost category market bas- quarter quarter ket weight forecast) forecast) (percent) (percent)
Total ...... 1000.000 3.2 3.3 Compensation, including allocated Contract Services’ labor ...... 77.668 3.4 3.6 Wages and salaries, including allocated contract services’ labor ...... 64.226 3.4 3.4 Employee benefits, including allocated contract services’ labor ...... 13.442 3.4 4.7 Operations & Maintenance ...... 0.832 0.9 0.5 Administrative & General, including allocated contract services’ non-labor ...... 9.569 2.9 2.7 Telephone ...... 0.725 0.4 0.6 Paper & Printing ...... 0.529 0.9 1.7 Postage ...... 0.724 3.6 1.8 Other Administrative & General, including allocated contract services’ non-labor ...... 7.591 3.1 3.0 Transportation ...... 3.405 0.9 ¥0.4 Capital-Related ...... 3.204 2.5 2.6 Insurance ...... 0.560 3.0 3.6 Fixed Capital ...... 1.764 3.4 3.3 Movable Capital ...... 0.880 ¥0.3 0.1 Other Expenses, including allocated contract services’ nonlabor ...... 5.322 2.7 2.7 Source: Global Insights Inc., 1st Qtr, 2003; @USMACRO/MODTREND @CISSIM/TL0203.SIM Historical data through 4th Qtr, 2002; and 4th Qtr, 2001, @USMACRO/MODTREND @CISSIM/TRENDLONG1101 Historical data through 3rd Qtr, 2001.
C. FY 2004 Update to the Home Health amount by the FY 2004 home health • National Per-Visit Amounts Used Market Basket Index market basket increase ($2,159.39 + 3.3 To Pay LUPAs and Compute Imputed Section 1895(b)(3)(B) of the Act percent) to yield the updated FY 2004 Costs Used in Outlier Calculations. requires the standard prospective national 60-day episode rate ($2,230.65) As discussed previously in this notice payment amounts to be increased by a (see Table 3 below). with comment period, the policies factor equal to the applicable home governing the LUPAs and outlier TABLE 3.—NATIONAL 60-DAY EPISODE health market basket increase for FY calculations set forth in the July 3, 2000 AMOUNTS UPDATED BY THE APPLI- 2004. This requirement has been HH PPS final rule will continue during codified in regulations in § 484.225. CABLE HOME HEALTH MARKET BAS- FY 2004. In calculating the annual • FY 2004 Adjustments KET FY 2004 PRIOR TO CASE-MIX In calculating the annual update for update for the FY 2004 national per- ADJUSTMENT, WAGE INDEX ADJUST- visit amounts we use to pay LUPAs and the FY 2004 60-day episode rates, we MENT BASED ON THE SITE OF SERV- first looked at the FY 2003 rates as a to compute the imputed costs in outlier ICE FOR THE BENEFICIARY OR APPLI- starting point. The FY 2003 national 60- calculations, we again looked at the FY day episode rate is $2,159.39. CABLE PAYMENT ADJUSTMENT 2003 rates as a starting point. We then In order to calculate the FY 2004 multiply those amounts by the Multiply by Final FY applicable home health market basket national 60-day episode rate, we Total prospective the applica- 2004 up- multiplied the FY 2003 national 60-day payment amount increase for FY 2004 to yield the per 60-day epi- ble home dated na- episode rate (2,159.39) by the applicable sode for FY health mar- tional 60- updated per-visit amounts for each home health market basket update for 2003 ket basket day episode home health discipline for FY 2004. increase rate FY 2004. The home health market (See Table 4 below.) basket increase for FY 2004 is 3.3 $2,159.39 ...... ×1.033 $2,230.65 percent. We increased the FY 2003
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TABLE 4.—NATIONAL PER-VISIT AMOUNTS FOR LUPAS AND OUTLIER CALCULATIONS UPDATED BY THE APPLICABLE HOME HEALTH MARKET BASKET INCREASE FOR FY 2004 PRIOR TO WAGE INDEX ADJUSTMENT BASED ON THE SITE OF SERVICE FOR THE BENEFICIARY
Final per-visit Final per-visit amounts per Multiply by ap- payment 60-day epi- plicable home amount per Home health discipline types sode for FY health market discipline for 2003 for basket FY 2004 for LUPAs LUPAs
Home Health Aide ...... $42.68 ×1.033 $44.09 Medical Social Services ...... 151.11 ×1.033 156.10 Occupational Therapy ...... 103.77 ×1.033 107.19 Physical Therapy ...... 103.07 ×1.033 106.47 Skilled Nursing ...... 94.27 ×1.033 97.38 Speech-Language Pathology ...... 112.00 ×1.033 115.70
C. Hospital Wage Index notice. We believe that addendum C published for comment, we are not able Sections 1895(b)(4)(A)(ii) and (b)(4)(C) provides a clear illustration of changes to acknowledge or respond to them of the Act require the Secretary to in the wage index from FY 2002 and FY individually. We will consider all establish area wage adjustment factors 2003.) comments we receive by the date and time specified in the DATES section of that reflect the relative level of wages IV. Waiver of Proposed Rulemaking and wage-related costs applicable to the the preamble, and, if we proceed with We ordinarily publish a notice of a subsequent document, we will furnishing of home health services and proposed rulemaking in the Federal to provide appropriate adjustments to respond to the major comments in the Register to provide a period for public preamble to that document. the episode payment amounts under HH comment before the provisions of a PPS to account for area wage notice such as this take effect. We can VII. Regulatory Impact Analysis differences. We apply the appropriate waive this procedure, however, if we A. Overall Impact wage index value to the labor portion of find good cause that a notice-and- the HH PPS rates based on the comment procedure is impracticable, We have examined the impacts of this geographic area in which the beneficiary unnecessary, or contrary to the public rule as required by Executive Order received home health services. We interest and incorporates a statement of 12866 (September 1993, Regulatory determine each HHA’s labor market area finding and its reasons in the notice Planning and Review), the Regulatory based on definitions of Metropolitan issued. Flexibility Act (RFA) (September 16, Statistical Areas (MSAs) issued by the We believe it is unnecessary to 1980, Pub. L. 96–354), section 1102(b) of Office of Management and Budget undertake proposed notice and the Social Security Act, the Unfunded (OMB). comment rulemaking as the statute Mandates Reform Act of 1995 (Pub. L. As discussed previously and set forth requires annual updates to the HH PPS 104–4), and Executive Order 13132. in the July 3, 2000 final rule, the statute rates, the methodologies used to update Executive Order 12866 (as amended provides that the wage adjustment the rate have been previously subject to by Executive Order 13258, which factors may be the factors used by the public comment, and this notice reflects merely reassigns responsibility of Secretary for purposes of section the application of previously duties) directs agencies to assess all 1886(d)(3)(E) of the Act for hospital established methodologies. This costs and benefits of available regulatory wage adjustment factors. Again, as required annual update for the FY 2004 alternatives and, if regulation is discussed in the July 3, 2000 final rule, PPS rates is dictated by statute and does necessary, to select regulatory we used the most recent pre-floor and not require an exercise of discretion. approaches that maximize net benefits pre-reclassified hospital wage index Therefore, for good cause, we waive (including potential economic, available at the time of publication of prior notice and comment procedures. environmental, public health and safety this notice to adjust the labor portion of As indicated previously, we are, effects, distributive impacts, and the HH PPS rates based on the however, providing a 60-day comment equity). A regulatory impact analysis geographic area in which the beneficiary period for public comment. (RIA) must be prepared for major rules receives the home health services. We with economically significant effects believe the use of the most recent V. Collection of Information ($100 million or more in any 1 year). available pre-floor and pre-reclassified Requirements The update set forth in this notice with hospital wage index data results in the This document does not impose comment period applies to Medicare appropriate adjustment to the labor information collection and payments under HH PPS in FY 2004. portion of the costs as required by recordkeeping requirements. Accordingly, the following analysis statute. (See addenda A and B of this Consequently, it need not be reviewed describes the impact in FY 2004 only. notice with comment period, by the Office of Management and We estimate that there will be an respectively, for the rural and urban Budget under the authority of the additional $340 million in FY 2004 hospital wage indexes. Furthermore, we Paperwork Reduction Act of 1995 (44 expenditures attributable to the FY 2004 have added an addendum C that shows U.S.C. 3501 et seq.). market basket increase of 3.3 percent. a side-by-side comparison of the FY The RFA requires agencies to analyze 2002 pre-floor and pre-reclassified VI. Response to Comments options for regulatory relief of small hospital wage index and FY 2003 pre- Because of the large number of items businesses. For purposes of the RFA, floor and pre-reclassified hospital wage of correspondence we normally receive small entities include small businesses, index for the FY 2004 HH PPS update on Federal Register documents nonprofit organizations, and
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government agencies. Most hospitals to the payment rates. Section 1895(b)(3) C. Alternatives Considered and most other providers and suppliers of the Act requires us, for FY 2004, to As discussed in section II, this notice are small entities, either by nonprofit increase the prospective payment with comment period reflects an annual status or by having revenues of $6 amounts by the applicable home health update to the HH PPS rates as required million to $29 million or less annually market basket increase. The home by statute. Due to the lack of discretion (for details, see the Small Business health market basket increase for FY provided in the statutory requirements Administration’s regulation that set 2004 is 3.3 percent. Taking into account governing this notice with comment forth size standards for health care the provisions of section 1895(b)(3) of period, we believe the statute provides industries at 65 FR 69432). For purposes the Act, the increase for FY 2004 is 3.3 no latitude for alternatives other than of the RFA, approximately 75 percent of percent. the approach set forth in this notice HHAs are considered small businesses reflecting the FY 2004 annual update to 1. Effects on the Medicare Program according to the Small Business the HH PPS rates. Other than the Administration’s size standards with This notice merely provides a positive effect of the market basket total revenues of $11.5 million or less in increase, this notice with comment will 1 year. Individuals and States are not percentage update to all Medicare not have a significant economic impact included in the definition of a small HHAs. Therefore, we have not furnished nor will it impose an additional burden entity. As stated above, this notice with any impact tables. We increase the on small entities. When a regulation or comment period provides an update to payment to each Medicare HHA equally notice imposes additional burden on all HHAs for FY 2004 as required by by the home health market basket small entities, we are required under the statute. This notice will have a update for FY 2004, as required by RFA to examine alternatives for significant positive effect upon small statute. There is no differential impact among provider types. The impact is in reducing burden. entities. Since this notice with comment In addition, section 1102(b) of the Act the aggregate. We estimate that there period will not impose an additional requires us to prepare a regulatory will be an additional $340 million in FY burden, we have not examined impact analysis if a rule may have a 2004 expenditures attributable to the FY alternatives. significant impact on the operations of 2004 market basket increase of 3.3 a substantial number of small rural percent. Thus, the anticipated D. Conclusion hospitals. This analysis must conform to expenditures outlined in this notice We have examined the economic the provisions of section 604 of the exceed the $100 million annual impact of this notice with comment RFA. For purposes of section 1102(b) of threshold for a major rule as defined in period on small entities and have the Act, we define a small rural hospital Title 5, USC, section 804(2). determined that the economic impact is as a hospital that is located outside of positive, significant, and that all HHAs a metropolitan statistical area (MSA) The applicable home health market basket increase of 3.3 percent for FY will be affected. To the extent that small and has fewer than 100 beds. We have rural hospitals are affiliated with HHAs, determined that this notice with 2004 applies to all Medicare the impact on these facilities will also comment period will not have a participating in HHAs. We do not be positive. Finally, we have significant economic impact on the believe there is a differential impact due determined that the economic effects operations of a substantial number of to the aggregate nature of the update. described above are largely the result of small rural hospitals. Section 202 of the Unfunded TABLE 5 the specific statutory provisions, which Mandates Reform Act of 1995 also this notice serves to announce. In accordance with the provisions of requires that agencies assess anticipated Additional FY notice with comment Executive Order costs and benefits before issuing any 2004 medi- care home 12866, this was reviewed by the Office rule that may result in expenditure in FY 2004 update to home health esti- of Management and Budget. any 1 year by State, local, or tribal health PPS rates required by mated ex- governments, in the aggregate, or by the the act penditures (Catalog of Federal Domestic Assistance private sector, of $110 million. We due to annual Program No. 93.773, Medicare—Hospital update re- believe this notice will not mandate Insurance; and Program No. 93.774, quired by law Medicare—Supplementary Medical expenditures in that amount. Insurance Program) Executive Order 13132 establishes Section 1895(b)(3)(B) of the $340 million. Dated: February 21, 2003. certain requirements that an agency Act requires HH PPS rates must meet when it promulgates a increased by applicable Thomas A. Scully, proposed rule (and subsequent final home health market basket Administrator, Centers for Medicare & rule) that imposes substantial direct increase (3.3 percent in- Medicaid Services. requirement costs on State and local crease). Dated: March 26, 2003. governments, preempts State law, or (Source: President’s FY 2003 Budget) Tommy G. Thompson, otherwise has Federalism implications. Secretary. We have reviewed this notice under the 2. Effects on Providers threshold criteria of Executive Order This notice will have a positive effect ADDENDUM A.—WAGE INDEX FOR 13132, Federalism. We have determined RURAL AREAS—APPLICABLE PRE- that this notice would not have on providers of Medicare home health FLOOR AND PRE-RECLASSIFIED substantial direct effects on the rights, services by increasing their rate of HOSPITAL WAGE INDEX (FY 2003) roles, and responsibilities of States. Medicare payment. We do not anticipate specific effects on other providers. This B. Anticipated Effects notice reflects the statutorily required Wage MSA name index In accordance with the requirements annual update to the HH PPS rates. We of section 1895(b)(3) of the Act, we do not believe there is a differential ALABAMA ...... 7660 publish an update for each subsequent impact due to the consistent and ALASKA ...... 1.2293 fiscal year that will provide an update aggregate nature of the update. ARIZONA ...... 8493
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ADDENDUM A.—WAGE INDEX FOR ADDENDUM A.—WAGE INDEX FOR ADDENDUM A.—WAGE INDEX FOR RURAL AREAS—APPLICABLE PRE- RURAL AREAS—APPLICABLE PRE- RURAL AREAS—APPLICABLE PRE- FLOOR AND PRE-RECLASSIFIED FLOOR AND PRE-RECLASSIFIED FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX (FY 2003)— HOSPITAL WAGE INDEX (FY 2003)— HOSPITAL WAGE INDEX (FY 2003)— Continued Continued Continued
MSA name Wage MSA name Wage Wage index index MSA name index
ARKANSAS ...... 7666 MASSACHUSETTS ...... 1.1288 PUERTO RICO ...... 4356 CALIFORNIA ...... 9840 MICHIGAN ...... 9000 RHODE ISLAND 1 ...... COLORADO ...... 9015 MINNESOTA ...... 9151 SOUTH CAROLINA ...... 8607 CONNECTICUT ...... 1.2394 MISSISSIPPI ...... 7680 SOUTH DAKOTA ...... 7815 DELAWARE ...... 9128 MISSOURI ...... 8021 TENNESSEE ...... 7877 FLORIDA ...... 8814 MONTANA ...... 8481 GEORGIA ...... 8230 NEBRASKA ...... 8204 TEXAS ...... 7821 GUAM ...... 9611 NEVADA ...... 9577 UTAH ...... 9312 HAWAII ...... 1.0255 NEW HAMPSHIRE ...... 9796 VERMONT ...... 9345 IDAHO ...... 8747 NEW JERSEY 1 ...... VIRGINIA ...... 8504 ILLINOIS ...... 8204 NEW MEXICO ...... 8872 VIRGIN ISLANDS ...... 7845 INDIANA ...... 8755 NEW YORK ...... 8542 WASHINGTON ...... 1.0179 IOWA ...... 8315 NORTH CAROLINA ...... 8666 WEST VIRGINIA ...... 7975 KANSAS ...... 7923 NORTH DAKOTA ...... 7788 WISCONSIN ...... 9162 KENTUCKY ...... 8079 OHIO ...... 8613 WYOMING ...... 9007 LOUISIANA ...... 7567 OKLAHOMA ...... 7590 MAINE ...... 8874 OREGON ...... 1.0303 1 All counties within State are classified as MARYLAND ...... 8946 PENNSYLVANIA ...... 8462 Urban.
ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX
Wage MSA Urban area (constituent counties) index
0040 ..... Abilene, TX ...... 7792 Taylor, TX 0060 ..... Aguadilla, PR ...... 4587 Aguada, PR Aguadilla, PR Moca, PR 0080 ..... Akron, OH ...... 9600 Portage, OH Summit, OH 0120 ..... Albany, GA ...... 1.0594 Dougherty, GA Lee, GA 0160 ..... Albany-Schenectady-Troy, NY ...... 8384 Albany, NY Montgomery, NY Rensselaer, NY Saratoga, NY Schenectady, NY Schoharie, NY 0200 ..... Albuquerque, NM ...... 9315 Bernalillo, NM Sandoval, NM Valencia, NM 0220 ..... Alexandria, LA ...... 7859 Rapides, LA 0240 ..... Allentown-Bethlehem-Easton, PA ...... 9735 Carbon, PA Lehigh, PA Northampton, PA 0280 ..... Altoona, PA ...... 9225 Blair, PA 0320 ..... Amarillo, TX, Potter, TX ...... 9034 Randall, TX 0380 ..... Anchorage, AK ...... 1.2358 Anchorage, AK 0440 ..... Ann Arbor, MI ...... 1.1103 Lenawee, MI Livingston, MI Washtenaw, MI 0450 ..... Anniston, AL ...... 8044 Calhoun, AL 0460 ..... Appleton-Oshkosh-Neenah, WI ...... 8997 Calumet, WI
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Outagamie, WI Winnebago, WI 0470 ..... Arecibo, PR ...... 4337 Arecibo, PR Camuy, PR Hatillo, PR 0480 ..... Asheville, NC ...... 9876 Buncombe, NC Madison, NC 0500 ..... Athens, GA ...... 1.0211 Clarke, GA Madison, GA Oconee, GA 0520 ..... Atlanta, GA ...... 9991 Barrow, GA Bartow, GA Carroll, GA Cherokee, GA Clayton, GA Cobb, GA Coweta, GA DeKalb, GA Douglas, GA Fayette, GA Forsyth, GA Fulton, GA Gwinnett, GA Henry, GA Newton, GA Paulding, GA Pickens, GA Rockdale, GA Spalding, GA Walton, GA 0560 ..... Atlantic-Cape May, NJ ...... 1.1017 Atlantic, NJ Cape May, NJ 0580 ..... Auburn-Opelka, AL ...... 8325 Lee, AL 0600 ..... Augusta-Aiken, GA–SC ...... 1.0264 Columbia, GA McDuffie, GA Richmond, GA Aiken, SC Edgefield, SC 0640 ..... Austin-San Marcos, TX ...... 9637 Bastrop, TX Caldwell, TX Hays, TX Travis, TX Williamson, TX 0680 ..... Bakersfield, CA ...... 9899 Kern, CA 0720 ..... Baltimore, MD ...... 9929 Anne Arundel, MD Baltimore City, MD Carroll, MD Harford, MD Howard, MD Queen Annes, MD 0733 ..... Bangor, ME ...... 9664 Penobscot, ME 0743 ..... Barnstable-Yarmouth, MA ...... 1.3202 Barnstable, MA 0760 ..... Baton Rouge, LA ...... 8294 Ascension, LA East Baton Rouge, LA Livingston, LA West Baton Rouge, LA 0840 ..... Beaumont-Port Arthur, TX ...... 8324
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Hardin, TX Jefferson, TX Orange, TX 0860 ..... Bellingham, WA ...... 1.2282 Whatcom, WA 0870 ..... Benton Harbor, MI ...... 9042 Berrien, MI 0875 ..... Bergen-Passaic, NJ ...... 1.2150 Bergen, NJ Passaic, NJ 0880 ..... Billings, MT ...... 9022 Yellowstone, MT 0920 ..... Biloxi-Gulfport-Pascagoula, MS ...... 8757 Hancock, MS Harrison, MS Jackson, MS 0960 ..... Binghamton, NY ...... 8341 Broome, NY Tioga, NY 1000 ..... Birmingham, AL ...... 9222 Blount, AL Jefferson, AL St. Clair, AL Shelby, AL 1010 ..... Bismarck, ND ...... 7972 Burleigh, ND Morton, ND 1020 ..... Bloomington, IN ...... 8907 Monroe, IN 1040 ..... Bloomington-Normal, IL ...... 9109 McLean, IL 1080 ..... Boise City, ID ...... 9310 Ada, ID Canyon, ID 1123 ..... Boston-Worcester-Lawrence-Lowell-Brockton, MA–NH ...... 1.1235 Bristol, MA Essex, MA Middlesex, MA Norfolk, MA Plymouth, MA Suffolk, MA Worcester, MA Hillsborough, NH Merrimack, NH Rockingham, NH Strafford, NH 1125 ..... Boulder-Longmont, CO ...... 9689 Boulder, CO 1145 ..... Brazoria, TX ...... 8535 Brazoria, TX 1150 ..... Bremerton, WA ...... 0944 Kitsap, WA 1240 ..... Brownsville-Harlingen-San Benito, TX ...... 8880 Cameron, TX 1260 ..... Bryan-College Station, TX ...... 8821 Brazos, TX 1280 ..... Buffalo-Niagara Falls, NY ...... 9365 Erie, NY Niagara, NY 1303 ..... Burlington, VT ...... 1.0052 Chittenden, VT Franklin, VT Grand Isle, VT 1310 ..... Caguas, PR ...... 4371 Caguas, PR Cayey, PR Cidra, PR Gurabo, PR San Lorenzo, PR 1320 ..... Canton-Massillon, OH ...... 8932
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Carroll, OH Stark, OH 1350 ..... Casper, WY ...... 9690 Natrona, WY 1360 ..... Cedar Rapids, IA ...... 9056 Linn, IA 1400 ..... Champaign-Urbana, IL ...... 1.0635 Champaign, IL 1440 ..... Charleston-North Charleston, SC ...... 9235 Berkeley, SC Charleston, SC Dorchester, SC 1480 ..... Charleston, WV ...... 8898 Kanawha, WV Putnam, WV 1520 ..... Charlotte-Gastonia-Rock Hill, NC–SC ...... 9850 Cabarrus, NC Gaston, NC Lincoln, NC Mecklenburg, NC Rowan, NC Stanley, NC Union, NC York, SC 1540 ..... Charlottesville, VA ...... 1.0438 Albemarle, VA Charlottesville City, VA Fluvanna, VA Greene, VA 1560 ..... Chattanooga, TN–GA ...... 8976 Catoosa, GA Dade, GA Walker, GA Hamilton, TN Marion, TN Cheyenne, WY ...... 8628 1580 ..... Laramie, WY. 1600 ..... Chicago, IL ...... 1.1044 Cook, IL DeKalb, IL DuPage, IL Grundy, IL Kane, IL Kendall, IL Lake, IL McHenry, IL Will, IL 1620 ..... Chico-Paradise, CA ...... 9745 Butte, CA 1640 ..... Cincinnati, OH–KY–IN ...... 9381 Dearborn, IN Ohio, IN Boone, KY Campbell, KY Gallatin, KY Grant, KY Kenton, KY Pendleton, KY Brown, OH Clermont, OH Hamilton, OH Warren, OH 1660 ..... Clarksville-Hopkinsville, TN–KY ...... 8406 Christian, KY Montgomery, TN 1680 ..... Cleveland-Lorain-Elyria, OH ...... 9670 Ashtabula, OH Cuyahoga, OH Geauga, OH Lake, OH
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Lorain, OH Medina, OH 1720 ..... Colorado Springs, CO ...... 9916 El Paso, CO 1740 ..... Columbia, MO ...... 8496 Boone, MO 1760 ..... Columbia, SC ...... 9307 Lexington, SC Richland, SC 1800 ..... Columbus, GA–AL ...... 8374 Russell, AL Chattahoochee, GA Harris, GA Muscogee, GA 1840 ..... Columbus, OH ...... 9751 Delaware, OH Fairfield, OH Franklin, OH Licking, OH Madison, OH Pickaway, OH 1880 ..... Corpus Christi, TX ...... 8729 Nueces, TX San Patricio, TX 1890 ..... Corvallis, OR ...... 1.1453 Benton, OR 1900 ..... Cumberland, MD–WV ...... 7847 Allegany, MD Mineral, WV 1920 ..... Dallas, TX ...... 9998 Collin, TX Dallas, TX Denton, TX Ellis, TX Henderson, TX Hunt, TX Kaufman, TX Rockwall, TX 1950 ..... Danville, VA ...... 8859 Danville City, VA Pittsylvania, VA 1960 ..... Davenport-Moline-Rock Island, IA–IL ...... 8835 Scott, IA Henry, IL Rock Island, IL 2000 ..... Dayton-Springfield, OH ...... 9282 Clark, OH Greene, OH Miami, OH Montgomery, OH 2020 ..... Daytona Beach, FL ...... 9062 Flagler, FL Volusia, FL 2030 ..... Dacatur, AL ...... 8973 Lawrence, AL Morgan, AL 2040 ..... Dacatur, IL ...... 8055 Macon, IL 2080 ..... Denver, CO ...... 1.0601 Adams, CO Arapahoe, CO Denver, CO Douglas, CO Jefferson, CO 2120 ..... Des Moines, IA ...... 8791 Dallas, IA Polk, IA Warren, IA 2160 ..... Detroit, MI ...... 1.0448 Lapeer, MI
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Macomb, MI Monroe, MI Oakland, MI St. Clair, MI Wayne, MI 2180 ..... Dothan, AL ...... 8137 Dale, AL Houston, AL 2190 ..... Dover, DE ...... 9356 Kent, DE 2200 ..... Dubuque, IA ...... 8795 Dubuque, IA 2240 ..... Duluth-Superior, MN–WI ...... 1.0368 St. Louis, MN Douglas, WI 2281 ..... Dutchess County, NY ...... 1.0684 Dutchess, NY 2290 ..... Eau Claire, WI ...... 8952 Chippewa, WI Eau Claire, WI 2320 ..... El Paso, TX ...... 9265 El Paso, TX 2330 ..... Elkhart-Goshen, IN ...... 9722 Elkhart, IN 2335 ..... Elmira, NY ...... 8416 Chemung, NY 2340 ..... Enid, OK ...... 8376 Garfield, OK 2360 ..... Erie, PA ...... 8925 Erie, PA 2400 ..... Eugene-Springfield, OR ...... 1.0944 Lane, OR 2440 ..... Evansville-Henderson, IN–KY ...... 8177 Posey, IN Vanderburgh, IN Warrick, IN Henderson, KY 2520 ..... Fargo-Moorhead, ND–MN ...... 9684 Clay, MN Cass, ND 2560 ..... Fayetteville, NC ...... 8889 Cumberland, NC 2580 ..... Fayetteville-Springdale-Rogers, AR ...... 8100 Benton, AR Washington, AR 2620 ..... Flagstaff, AZ–UT ...... 1.0682 Coconino, AZ Kane, UT 2640 ..... Flint, MI ...... 1.1135 Genesee, MI 2650 ..... Florence, AL ...... 7792 Colbert, AL Lauderdale, AL 2655 ..... Florence, SC ...... 8780 Florence, SC 2670 ..... Fort Collins-Loveland, CO ...... 1.0066 Larimer, CO 2680 ..... Ft. Lauderdale, FL ...... 1.0297 Broward, FL 2700 ..... Fort Myers-Cape Coral, FL ...... 9680 Lee, FL 2710 ..... Fort Pierce-Port St. Lucie, FL ...... 9823 Martin, FL St. Lucie, FL 2720 ..... Fort Smith, AR–OK ...... 7895 Crawford, AR Sebastian, AR Sequoyah, OK 2750 ..... Fort Walton Beach, FL ...... 9693 Okaloosa, FL
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
2760 ..... Fort Wayne, IN ...... 9457 Adams, IN Allen, IN De Kalb, IN Huntington, IN Wells, IN Whitley, IN 2800 ..... Forth Worth-Arlington, TX ...... 9446 Hood, TX Johnson, TX Parker, TX Tarrant, TX 2840 ..... Fresno, CA ...... 1.0216 Fresno, CA Madera, CA 2880 ..... Gadsden, AL ...... 8505 Etowah, AL 2900 ..... Gainesville, FL ...... 9871 Alachua, FL 2920 ..... Galveston-Texas City, TX ...... 9465 Galveston, TX 2960 ..... Gary, IN ...... 9584 Lake, IN Porter, IN 2975 ..... Glens Falls, NY ...... 8281 Warren, NY Washington, NY 2980 ..... Goldsboro, NC ...... 8892 Wayne, NC 2985 ..... Grand Forks, ND–MN ...... 8897 Polk, MN Grand Forks, ND 2995 ..... Grand Junction, CO ...... 9456 Mesa, CO 3000 ..... Grand Rapids-Muskegon-Holland, MI ...... 9525 Allegan, MI Kent, MI Muskegon, MI Ottawa, MI 3040 ..... Great Falls, MT ...... 8950 Cascade, MT 3060 ..... Greeley, CO ...... 9237 Weld, CO 3080 ..... Green Bay, WI ...... 9502 Brown, WI 3120 ..... Greensboro-Winston-Salem-High Point, ...... 9282 NC Alamance, NC Davidson, NC Davie, NC Forsyth, NC Guilford, NC Randolph, NC Stokes, NC Yadin, NC 3150 ..... Greenville, NC ...... 9100 Pitt, NC 3160 ..... Greenville, Spartanburg-Anderson, SC ...... 9122 Anderson, SC Cherokee, SC Greenville, SC Pickens, SC Spartanburg, SC 3180 ..... Hagerstown, MD ...... 9268 Washington, MD 3200 ..... Hamilton-Middletown, OH ...... 9418 Butler, OH 3240 ..... Harrisburg-Lebanon-Carlisle, PA ...... 9223 Cumberland, PA Dauphin, PA
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Lebanon, PA Perry, PA 3283 ..... Hartford, CT ...... 1.1549 Hartford, CT Litchfield, CT Middlesex, CT Tolland, CT 3285 ..... Hattiesburg, MS ...... 7659 Forrest, MS Lamar, MS 3290 ..... Hickory-Morganton–Lenoir, NC ...... 9028 Alexander, NC Burke, NC Caldwell, NC Catawaba, NC 3320 ..... Honolulu, HI ...... 1.1457 Honolulu, HI 3350 ..... Houma, LA ...... 8385 Lafourche, LA Terrebonne, LA 3360 ..... Houston, TX ...... 9892 Chambers, TX Fort Bend, TX Harris, TX Liberty, TX Montgomery, TX Waller, TX 3400 ..... Huntington-Ashland, WV–KY–OH ...... 9636 Boyd, KY Carter, KY Grenup, KY Lawrence, OH Cabell, WV Wayne, WV 3440 ..... Huntsville, AL ...... 8903 Limestone, AL Madison, AL 3480 ..... Indianapolis, IN ...... 9717 Boone, IN Hamilton, IN Hancoock, IN Hendricks, IN Johnson, IN Madison, IN Marion, IN Morgan, IN Shelby, IN 3500 ..... Iowa City, IA ...... 9587 Johnson, IA 3520 ..... Jackson, MI ...... 9532 Jackson, MI 3560 ..... Jackson, MS ...... 8607 Hinds, MS Madison, MS Rankin MS 3580 ..... Jackson, TN ...... 9275 Madison, TN Chester, TN 3600 ..... Jacksonville, FL ...... 9381 Clay, FL Duval, FL Nassau, FL St. Johns, FL 3605 ..... Jacksonville, NC ...... 8239 Onslow, NC 3610 ..... Jamestown, NY ...... 7976 Chautauqua, NY 3620 ..... Janesville-Beloit, WI ...... 9849 Rock, WI 3640 ..... Jersey City, NJ ...... 1.1190
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Hudson, NJ 3660 ..... Johnson City-Kingsport-Bristol, TN–VA ...... 8268 Carter, TN Hawkins, TN Sullivan, TN Unicoi, TN Washington, TN Bristol City, VA Scott, VA Washington, VA 3680 ..... Johnstown, PA ...... 8329 Cambria, PA Somerset, PA 3700 ..... Jonesboro, AR ...... 7749 Craighead, AR 3710 ..... Joplin, MO ...... 8613 Jasper, MO Newton, MO 3720 ..... Kalamazoo-Battlecreek, MI ...... 1.0595 Calhoun, MI Kalamazoo, MI Van Buren, MI 3740 ..... Kankakee, IL ...... 1.0790 Kankakee, IL 3760 ..... Kansas City, KS–MO ...... 9736 Johnson, KS Leavenworth, KS Miami, KS Wyandotte, KS Cass, MO Clay, MO Clinton, MO Jackson, MO Lafayette, MO Platte, MO Ray, MO 3800 ..... Kenosha, WI ...... 9686 Kenosha, WI 3810 ..... Killeen-Temple, TX ...... 1.0399 Bell, TX Coryell, TX 3840 ..... Knoxville, TN ...... 8970 Anderson, TN Blount, TN Knox, TN Loudon, TN Sevier, TN Union, TN 3850 ..... Kokomo, IN ...... 8971 Howard, IN Tipton, IN 3870 ..... La Crosse, WI–MN ...... 9400 Houston, MN La Crosse, WI 3880 ..... Lafayette, LA ...... 8475 Acadia, LA Lafayette, LA St. Landry, LA St. Martin, LA 3920 ..... Lafayette, IN ...... 9278 Clinton, IN Tippecanoe, IN 3960 ..... Lake Charles, LA ...... 7965 Calcasieu, LA 3980 ..... Lakeland-Winter Haven, FL ...... 9357 Polk, FL 4000 ..... Lancaster, PA ...... 9078 Lancaster, PA 4040 ..... Lansing-East Lansing, MI ...... 9726 Clinton, MI
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Eaton, MI Ingham, MI 4080 ..... Laredo, TX ...... 8472 Webb, TX 4100 ..... Las Cruces, NM ...... 8745 Dona Ana, NM 4120 ..... Las Vegas, NV–AZ ...... 1.1521 Mohave, AZ Clark, NV Nye, NV 4150 ..... Lawrence, KS ...... 7983 Douglas, KS 4200 ..... Lawton, OK ...... 8315 Comanche, OK 4243 ..... Lewiston-Auburn, ME ...... 9179 Androscoggin, ME 4280 ..... Lexington, KY ...... 8581 Bourbon, KY Clark, KY Fayette, KY Jessamine, KY Madison, KY Scott, KY Woodford, KY Lima, OH ...... 9483 4320 ..... Allen, OH. Auglaize, OH 4360 ..... Lincoln, NE ...... 9892 Lancaster, NE 4400 ..... Little Rock-North Little Rock, AR ...... 9097 Faulkner, AR Lonoke, AR Pulaski, AR Saline, AR 4420 ..... Longview-Marshall, TX ...... 8629 Gregg, TX Harrison, TX Upshur, TX 4480 ..... Los Angeles-Long Beach, CA ...... 1.2001 Los Angeles, CA 4520 ..... Louisville, KY–IN ...... 9276 Clark, IN Floyd, IN Harrison, IN Scott, IN Bullitt, KY Jefferson, KY Oldham, KY 4600 ..... Lubbock, TX ...... 9646 Lubbock, TX 4640 ..... Lynchburg, VA ...... 9219 Amherst, VA Bedford, VA Bedford City, VA Campbell, VA Lynchburg City, VA 4680 ..... Macon, GA ...... 9204 Bibb, GA Houston, GA Jones, GA Peach, GA Twiggs, GA 4720 ..... Madison, WI ...... 1.0467 Dane, WI 4800 ..... Mansfield, OH ...... 8900 Crawford, OH Richland, OH 4840 ..... Mayaguez, PR ...... 4914 Anasco, PR Cabo Rojo, PR
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Hormigueros, PR Mayaguez, PR Sabana Grande, PR San German, PR 4880 ..... McAllen-Edinburg-Mission, TX ...... 8428 Hidalgo, TX 4890 ..... Medford-Ashland, OR ...... 1.0498 Jackson, OR 4900 ..... Melbourne-Titusville-Palm Bay, FL ...... 1.0253 Brevard, FL 4920 ..... Memphis, TN–AR–MS ...... 8920 Crittenden, AR DeSoto, MS Fayette, TN Shelby, TN Tipton, TN 4940 ..... Merced, CA ...... 9837 Merced, CA 5000 ..... Miami, FL ...... 9802 Dade, FL 5015 ..... Middlesex-Somerset-Hunterdon, NJ ...... 1.1213 Hunterdon, NJ Middlesex, NJ Somerset, NJ 5080 ..... Milwaukee-Waukesha, WI ...... 9893 Milwaukee, WI Ozaukee, WID Washington, WI Waukesha, WI 5120 ..... Minneapolis-St. Paul, MN–WI ...... 1.0903 Anoka, MN Carver, MN Chisago, MN Dakota, MN Hennepin, MN Isanti, MN Ramsey, MN Scott, MN Sherburne, MN Washington, MN Wright, MN Pierce, WI St. Croix, WI 5140 ..... Missoula, MT ...... 9157 Missoula, MT 5160 ..... Mobile, AL ...... 8108 Baldwin, AL Mobile, AL 5170 ..... Modesto, CA ...... 1.0498 Stanislaus, CA 5190 ..... Monmouth-Ocean, NJ ...... 1.0674 Monmouth, NJ Ocean, NJ 5200 ..... Monroe, LA ...... 8137 Ouachita, LA 5240 ..... Montgomery, AL ...... 7734 Autauga, AL Elmore, AL Montgomery, AL 5280 ..... Muncie, IN ...... 9284 Delaware, IN 5330 ..... Myrtle Beach, SC ...... 8976 Horry, SC 5345 ..... Naples, FL ...... 9754 Collier, FL 5360 ..... Nashville, TN ...... 9578 Cheatham, TN Davidson, TN Dickson, TN Robertson, TN
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Rutherford, TN Sumner, TN Williamson, TN Wilson, TN 5380 ..... Nassau-Suffolk, NY ...... 1.3357 Nassau, NY Suffolk, NY 5483 ..... New Haven-Bridgeport-Stamford-Waterbury-Danbury, CT ...... 1.2408 Fairfield, CT New Haven, CT 5523 ..... New London-Norwich, CT ...... 1.1767 New London, CT 5560 ..... New Orleans, LA ...... 9046 Jefferson, LA Orleans, LA Plaquemines, LA St. Bernard, LA St. Charles, LA St. James, LA St. John The Baptist, LA St. Tammany, LA 5600 ..... New York, NY ...... 1.4414 Bronx, NY Kings, NY New York, NY Putnam, NY Queens, NY Richmond, NY Rockland, NY Westchester, NY 5640 ..... Newark, NJ ...... 1.1381 Essex, NJ Morris, NJ Sussex, NJ Union, NJ Warren, NJ 5660 ..... Newburgh, NY—PA ...... 1.1387 Orange, NY Pike, PA 5720 ..... Norfolk-Virginia Beach-Newport News, VA–NC ...... 8574 Currituck, NC Chesapeake City, VA Gloucester, VA Hampton City, VA Isle of Wight, VA James City, VA Mathews, VA Newport News City, VA Norfolk City, VA Poquoson City, VA Portsmouth City, VA Suffolk City, VA Virginia Beach City VA Williamsburg City, VA York, VA 5775 ..... Oakland, CA ...... 1.5072 Alameda, CA Contra Costa, CA 5790 ..... Ocala, FL ...... 9402 Marion, FL 5800 ..... Odessa-Midland, TX ...... 9397 Ector, TX Midland, TX 5880 ..... Oklahoma City, OK ...... 8900 Canadian, OK Cleveland, OK Logan, OK McClain, OK Oklahoma, OK Pottawatomie, OK
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
5910 ..... Olympia, WA ...... 1.0960 Thurston, WA 5920 ..... Omaha, NE–IA ...... 9978 Pottawattamie, IA Cass, NE Douglas, NE Sarpy, NE Washington, NE 5945 ..... Orange County, CA ...... 1.1474 Orange, CA 5960 ..... Orlando, FL ...... 9640 Lake, FL Orange, FL Osceola, FL Seminole, FL 5990 ..... Owensboro, KY ...... 8344 Daviess, KY 6015 ..... Panama City, FL ...... 8865 Bay, FL 6020 ..... Parkersburg-Marietta, WV–OH ...... 8127 Washington, OH Wood, WV 6080 ..... Pensacola, FL ...... 8645 Escambia, FL Santa Rosa, FL 6120 ..... Peoria-Pekin, IL ...... 8739 Peoria, IL Tazewell, IL Woodford, IL 6160 ..... Philadelphia, PA–NJ ...... 1.0713 Burlington, NJ Camden, NJ Gloucester, NJ Salem, NJ Bucks, PA Chester, PA Delaware, PA Mongtomery, PA Philadelphia, PA 6200 ..... Phoenix-Mesa, AZ ...... 9820 Maricopa, AZ Pinal, AZ 6240 ..... Pine Bluff, AR ...... 7962 Jefferson, AR 6280 ..... Pittsburgh, PA ...... 9365 Allegheny, PA Beaver, PA Butler, PA Fayette, PA Washington, PA Westmoreland, PA 6323 ..... Pittsfield, MA ...... 1.0235 Berkshire, MA 6340 ..... Pocatello, ID ...... 9372 Bannock, ID 6360 ..... Ponce, PR ...... 5169 Guayanilla, PR Juana Diaz, PR Penuelas, PR Ponce, PR Villalba, PR Yauco, PR 6403 ..... Portland, ME ...... 9794 Cumberland, ME Sagadahoc, ME York, ME 6440 ..... Portland-Vancouver, OR–WA ...... 1.0667 Clackamas, OR Columbia, OR Multnomah, OR
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Washington, OR Yamhill, OR Clark, WA 6483 ..... Providence-Warwick-Pawtucket, RI ...... 1.0854 Bristol, RI Kent, RI Newport, RI Providence, RI Washington, RI 6520 ..... Provo-Orem, UT ...... 9984 Utah, UT 6560 ..... Pueblo, CO ...... 8820 Pueblo, CO 6580 ..... Punta Gorda, FL ...... 9218 Charlotte, FL 6600 ..... Racine, WI ...... 9334 Racine, WI 6640 ..... Raleigh-Durham-Chapel Hill, NC ...... 9990 Chatham, NC Durham, NC Franklin, NC Johnston, NC Orange, NC Wake, NC 6660 ..... Rapid City, SD ...... 8846 Pennington, SD 6680 ..... Reading, PA ...... 9295 Berks, PA 6690 ..... Redding, CA ...... 1.1135 Shasta, CA 6720 ..... Reno, NV ...... 1.0648 Washoe, NV 6740 ..... Richland-Kennewick-Pasco, WA ...... 1.1491 Benton, WA Franklin, WA 6760 ..... Richmond-Petersburg, VA ...... 9477 Charles City County, VA Chesterfield, VA Colonia Heights City, VA Dinwiddie, VA Goochland, VA Hanover, VA Henrico, VA Hopewell City, VA New Kent, VA Petersburg City, VA Powhatan, VA Prince George, VA Richmond City, VA 6780 ..... Riverside-San Bernardino, CA ...... 1.1365 Riverside, CA San Bernardino, CA 6800 ..... Roanoke, VA ...... 8614 Botetourt, VA Roanoke, VA Roanoke City, VA Salem City, VA 6820 ..... Rochester, MN ...... 1.2139 Olmsted, MN 6840 ..... Rochester, NY ...... 9194 Genesee, NY Livingston, NY Monroe, NY Ontario, NY Orleans, NY Wayne, NY 6880 ..... Rockford, IL ...... 9625 Boone, IL Ogle, IL Winnebago, IL
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
6895 ..... Rocky Mount, NC ...... 9228 Edgecombe, NC Nash, NC 6920 ..... Sacramento, CA ...... 1.1500 El Dorado, CA Placer, CA Sacramento, CA 6960 ..... Saginaw-Bay City-Midland, MI ...... 9650 Bay, MI Midland, MI Saginaw, MI 6980 ..... St. Cloud, MN ...... 9700 Benton, MN Stearns, MN 7000 ..... St. Joseph, MO ...... 8021 Andrew, MO Buchanan, MO 7040 ..... St. Louis, MO–IL ...... 8855 Clinton, IL Jersey, IL Madison, IL Monroe, IL St. Clair, IL Franklin, MO Jefferson, MO Lincoln, MO St. Charles, MO St. Louis, MO St. Louis City, MO Warren, MO 7080 ..... Salem, OR ...... 1.0367 Marion, OR Polk, OR 7120 ..... Salinas, CA ...... 1.4623 Monterey, CA 7160 ..... Salt Lake City-Ogden, UT ...... 9945 Davis, UT Salt Lake, UT Weber, UT 7200 ..... San Angelo, TX ...... 8374 Tom Green, TX 7240 ..... San Antonio, TX ...... 8753 Bexar, TX Comal, TX Guadalupe, TX Wilson, TX 7320 ..... San Diego, CA ...... 1.1131 San Diego, CA 7360 ..... San Francisco, CA ...... 1.4142 Marin, CA San Francisco, CA San Mateo, CA 7400 ..... San Jose, CA ...... 1.4145 Santa Clara, CA 7440 ..... San Juan-Bayamon, PR ...... 4741 Aguas Buenas, PR Barceloneta, PR Bayamon, PR Canovanas, PR Carolina, PR Catano, PR Ceiba, PR Comerio, PR Corozal, PR Dorado, PR Fajardo, PR Florida, PR Guaynabo, PR Humacao, PR Juncos, PR
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
Los Piedras, PR Loiza, PR Luguillo, PR Manati, PR Morovis, PR Naguabo, PR Naranjito, PR Rio Grande, PR San Juan, PR Toa Alta, PR Toa Baja, PR Trujillo Alto, PR Vega Alta, PR Vega Baja, PR Yabucoa, PR 7460 ..... San Luis Obispo-Atascadero-Paso ...... 1.1271 Robles, CA San Luis Obispo, CA 7480 ..... Santa Barbara-Santa Maria-Lompoc, CA ...... 1.0481 Santa Barbara, CA 7485 ..... Santa Cruz-Watsonville, CA ...... 1.3646 Santa Cruz, CA 7490 ..... Santa Fe, NM ...... 1.0712 Los Alamos, NM Santa Fe, NM 7500 ..... Santa Rosa, CA ...... 1.3046 Sonoma, CA 7510 ..... Sarasota-Bradenton, FL ...... 9425 Manatee, FL Sarasota, FL 7520 ..... Savannah, GA ...... 9376 Bryan, GA Chatham, GA Effingham, GA 7560 ..... Scranton-Wilkes-Barre-Hazleton, PA ...... 8599 Columbia, PA Lackawanna, PA Luzerne, PA Wyoming, PA 7600 ..... Seattle-Bellevue-Everett, WA ...... 1.1474 Island, WA King, WA Snohomish, WA 7610 ..... Sharon, PA ...... 7869 Mercer, PA 7620 ..... Sheboygan, WI ...... 8697 Sheboygan, WI 7640 ..... Sherman-Denison, TX ...... 9255 Grayson, TX 7680 ..... Shreveport-Bossier City, LA ...... 8987 Bossier, LA Caddo, LA Webster, LA 7720 ..... Sioux City, IA–NE ...... 9046 Woodbury, IA Dakota, NE 7760 ..... Sioux Falls, SD ...... 9257 Lincoln, SD Minnehaha, SD 7800 ..... South Bend, IN ...... 9802 St. Joseph, IN 7840 ..... Spokane, WA ...... 1.0852 Spokane, WA 7880 ..... Springfield, IL ...... 8659 Menard, IL Sangamon, IL 7920 ..... Springfield, MO ...... 8424 Christian, MO Greene, MO Webster, MO
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
8003 ..... Springfield, MA ...... 1.0927 Hampden, MA Hampshire, MA 8050 ..... State College, PA ...... 8941 Centre, PA 8080 ..... Steubenville-Weirton, OH–WV ...... 8804 Jefferson, OH Brooke, WV Hancock, WV 8120 ..... Stockton-Lodi, CA ...... 1.0506 San Joaquin, CA 8140 ..... Sumter, SC ...... 8273 Sumter, SC 8160 ..... Syracuse, NY ...... 9714 Cayuga, NY Madison, NY Onondaga, NY Oswego, NY 8200 ..... Tacoma, WA ...... 1.0940 Pierce, WA 8240 ..... Tallahassee, FL ...... 8504 Gadsden, FL Leon, FL 8280 ..... Tampa-St. Petersburg-Clearwater, FL ...... 9065 Hernando, FL Hillsborough, FL Pasco, FL Pinellas, FL 8320 ..... Terre Haute, IN ...... 8599 Clay, IN Vermillion, IN Vigo, IN 8360 ..... Texarkana, AR-Texarkana, TX ...... 8088 Miller, AR Bowie, TX 8400 ..... Toledo, OH ...... 9810 Fulton, OH Lucas, OH Wood, OH 8440 ..... Topeka, KS ...... 9199 Shawnee, KS 8480 ..... Trenton, NJ ...... 1.0432 Mercer, NJ 8520 ..... Tucson, AZ ...... 8911 Pima, AZ 8560 ..... Tulsa, OK ...... 8332 Creek, OK Osage, OK Rogers, OK Tulsa, OK Wagoner, OK 8600 ..... Tuscaloosa, AL ...... 8130 Tuscaloosa, AL 8640 ..... Tyler, TX ...... 9521 Smith, TX 8680 ..... Utica-Rome, NY ...... 8465 Herkimer, NY Oneida, NY 8720 ..... Vallejo-Fairfield-Napa, CA ...... 1.3354 Napa, CA Solano, CA 8735 ..... Ventura, CA ...... 1.1096 Ventura, CA 8750 ..... Victoria, TX ...... 8756 Victoria, TX 8760 ..... Vineland-Millville-Bridgeton, NJ ...... 1.0031 Cumberland, NJ 8780 ..... Visalia-Tulare-Porterville, CA ...... 9429 Tulare, CA 8800 ..... Waco, TX ...... 8073
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ADDENDUM B.—FY 2003 WAGE INDEX FOR URBAN AREAS—PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX—Continued
Wage MSA Urban area (constituent counties) index
McLennan, TX 8840 ..... Washington, DC–MD–VA–WV ...... 1.0851 District of Columbia, DC Calvert, MD Charles, MD Frederick, MD Montgomery, MD Prince Georges, MD Alexandria City, VA Arlington, VA Clarke, VA Culpeper, VA Fairfax, VA Fairfax City, VA Falls Church City, VA Fauquier, VA Fredericksburg City, VA King George, VA Loudoun, VA Manassas City, VA Manassas Park City, VA Prince William, VA Spotsylvania, VA Stafford, VA Warren, VA Berkeley, WV Jefferson, WV 8920 ..... Waterloo-Cedar Falls, IA ...... 8069 Black Hawk, IA 8940 ..... Wausau, WI ...... 9782 Marathon, WI 8960 ..... West Palm Beach-Boca Raton, FL ...... 9939 Palm Beach, FL 9000 ..... Wheeling, WV–OH ...... 7670 Belmont, OH Marshall, WV Ohio, WV 9040 ..... Wichita, KS ...... 9520 Butler, KS Harvey, KS Sedgwick, KS 9080 ..... Wichita Falls, TX ...... 8498 Archer, TX Wichita, TX 9140 ..... Williamsport, PA ...... 8544 Lycoming, PA 9160 ..... Wilmington-Newark, DE–MD ...... 1.1173 New Castle, DE Cecil, MD 9200 ..... Wilmington, NC ...... 9640 New Hanover, NC Brunswick, NC 9260 ..... Yakima, WA ...... 1.0569 Yakima, WA 9270 ..... Yolo, CA ...... 9434 Yolo, CA 9280 ..... York, PA ...... 9026 York, PA 9320 ..... Youngstown-Warren, OH ...... 9358 Columbiana, OH Mahoning, OH Trumbull, OH 9340 ..... Yuba City, CA ...... 1.0276 Sutter, CA Yuba, CA 9360 ..... Yuma, AZ ...... 8589 Yuma, AZ
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ADDENDUM C.—COMPARISON OF PRE-FLOOR AND PRE-RECLASSIFIED HOSPITAL WAGE INDEX FOR FY 2002 AND FY 2003
Percent FY 2002 FY 2003 change, FY Rural area wage index wage index 2002–FY 2003
ALABAMA ...... 0.7339 0.766 4.37 ALASKA ...... 1.1862 1.2293 3.63 ARIZONA ...... 0.8681 0.8493 ¥2.17 ARKANSAS ...... 0.7489 0.7666 2.36 CALIFORNIA ...... 0.9659 0.984 1.87 COLORADO ...... 0.8811 0.9015 2.32 CONNECTICUT ...... 1.2077 1.2394 2.62 DELAWARE ...... 0.9589 0.9128 ¥4.81 FLORIDA ...... 0.8794 0.8814 0.23 GEORGIA ...... 0.8295 0.823 ¥0.78 GUAM ...... 0.9611 0.9611 0.00 HAWAII ...... 1.1112 1.0255 ¥7.71 IDAHO ...... 0.8718 0.8747 0.33 ILLINOIS ...... 0.8053 0.8204 1.88 INDIANA ...... 0.8721 0.8755 0.39 IOWA ...... 0.8147 0.8315 2.06 KANSAS ...... 0.7812 0.7923 1.42 KENTUCKY ...... 0.7963 0.8079 1.46 LOUISIANA ...... 0.7596 0.7567 ¥0.38 MAINE ...... 0.8721 0.8874 1.75 MARYLAND ...... 0.8859 0.8946 0.98 MASSACHUSETTS ...... 1.1454 1.1288 ¥1.45 MICHIGAN ...... 0.9 0.9 0.00 MINNESOTA ...... 0.9035 0.9151 1.28 MISSISSIPPI ...... 0.7528 0.768 2.02 MISSOURI ...... 0.7891 0.8021 1.65 MONTANA ...... 0.8655 0.8481 ¥2.01 NEBRASKA ...... 0.8142 0.8204 0.76 NEVADA ...... 0.9727 0.9577 ¥1.54 NEW HAMPSHIRE ...... 0.9779 0.9796 0.17 NEW JERSEY ...... NEW MEXICO ...... 0.8676 0.8872 2.26 NEW YORK ...... 0.8547 0.8542 ¥0.06 NORTH CAROLINA ...... 0.8535 0.8666 1.53
Percent change, Non-Urban area FY 2002 FY 2003 FY 2002– wage index wage index FY 2003 (percent)
NORTH DAKOTA ...... 0.7879 0.7788 ¥1.15 OHIO ...... 0.8668 0.8613 ¥0.63 OKLAHOMA ...... 0.7566 0.759 0.32 OREGON ...... 1.0027 1.0303 2.75 PENNSYLVANIA ...... 0.8607 0.8462 ¥1.68 PUERTO RICO ...... 0.48 0.4356 ¥9.25 RHODE ISLAND ...... SOUTH CAROLINA ...... 0.8512 0.8607 1.12 SOUTH DAKOTA ...... 0.7861 0.7815 ¥0.59 TENNESSEE ...... 0.7928 0.7877 ¥0.64 TEXAS ...... 0.7712 0.7821 1.41 UTAH ...... 0.9051 0.9312 2.88 VERMONT ...... 0.9466 0.9345 ¥1.28 VIRGINIA ...... 0.8241 0.8504 3.19 VIRGIN ISLANDS ...... 0.6747 0.7845 16.27 WASHINGTON ...... 1.0209 1.0179 ¥0.29 WEST VIRGINIA ...... 0.8067 0.7975 ¥1.14 WISCONSIN ...... 0.9066 0.9162 1.06 WYOMING ...... 0.8747 0.9007 2.97
Percent Percent Percent Urban FY 2002 FY 2003 change, Urban FY 2002 FY 2003 change, Urban FY 2002 FY 2003 change, MSA wage wage FY 2002– MSA wage wage FY 2002– MSA wage wage FY 2002– index index FY 2003 index index FY 2003 index index FY 2003
0040 ...... 0.7965 0.7792 ¥2.17 0060 ...... 0.4683 0.4587 ¥2.05 0080 ...... 0.9876 0.96 ¥2.79
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Percent Percent Percent Urban FY 2002 FY 2003 change, Urban FY 2002 FY 2003 change, Urban FY 2002 FY 2003 change, MSA wage wage FY 2002– MSA wage wage FY 2002– MSA wage wage FY 2002– index index FY 2003 index index FY 2003 index index FY 2003
0120 ...... 1.064 1.0594 ¥0.43 2000 ...... 0.9225 0.9282 0.62 3640 ...... 1.1178 1.119 0.11 0160 ...... 0.85 0.8384 ¥1.36 2020 ...... 0.8972 0.9062 1.00 3660 ...... 0.8617 0.8268 ¥4.05 0200 ...... 0.9759 0.9315 ¥4.55 2030 ...... 0.8775 0.8973 2.26 3680 ...... 0.8723 0.8329 ¥4.52 0220 ...... 0.8029 0.7859 ¥2.12 2040 ...... 0.7987 0.8055 0.85 3700 ...... 0.8425 0.7749 ¥8.02 0240 ...... 1.0077 0.9735 ¥3.39 2080 ...... 1.0328 1.0601 2.64 3710 ...... 0.8727 0.8613 ¥1.31 0280 ...... 0.9126 0.9225 1.08 2120 ...... 0.8779 0.8791 0.14 3720 ...... 1.0639 1.0595 ¥0.41 0320 ...... 0.8711 0.9034 3.71 2160 ...... 1.0487 1.0448 ¥0.37 3740 ...... 0.9889 1.079 9.11 0380 ...... 1.257 1.2358 ¥1.69 2180 ...... 0.7948 0.8137 2.38 3760 ...... 0.9536 0.9736 2.10 0440 ...... 1.1098 1.1103 0.05 2190 ...... 1.0296 0.9356 ¥9.13 3800 ...... 0.9568 0.9686 1.23 0450 ...... 0.8276 0.8044 ¥2.80 2200 ...... 0.8519 0.8795 3.24 3810 ...... 0.9764 1.0399 6.50 0460 ...... 0.9241 0.8997 ¥2.64 2240 ...... 1.0284 1.0368 0.82 3840 ...... 0.889 0.897 0.90 0470 ...... 0.463 0.4337 ¥6.33 2281 ...... 1.0532 1.0684 1.44 3850 ...... 0.9126 0.8971 ¥1.70 0480 ...... 0.92 0.9876 7.35 2290 ...... 0.8899 0.8952 0.60 3870 ...... 0.925 0.94 1.62 0500 ...... 0.9842 1.0211 3.75 2320 ...... 0.9215 0.9265 0.54 3880 ...... 0.8544 0.8475 ¥0.81 0520 ...... 1.0058 0.9991 ¥0.67 2330 ...... 0.9638 0.9722 0.87 3920 ...... 0.9121 0.9278 1.72 0560 ...... 1.1293 1.1017 ¥2.44 2335 ...... 0.8415 0.8416 0.01 3960 ...... 0.7765 0.7965 2.58 0580 ...... 0.823 0.8325 1.15 2340 ...... 0.8357 0.8376 0.23 3980 ...... 0.9067 0.9357 3.20 0600 ...... 0.997 1.0264 2.95 2360 ...... 0.8716 0.8925 2.40 4000 ...... 0.9296 0.9078 ¥2.35 0640 ...... 0.963 0.9637 0.07 2400 ...... 1.1471 1.0944 ¥4.59 4040 ...... 0.9653 0.9726 0.76 0680 ...... 0.9519 0.9899 3.99 2440 ...... 0.8514 0.8177 ¥3.96 4080 ...... 0.7849 0.8472 7.94 0720 ...... 0.9856 0.9929 0.74 2520 ...... 0.9267 0.9684 4.50 4100 ...... 0.8621 0.8745 1.44 0733 ...... 0.9593 0.9664 0.74 2560 ...... 0.9027 0.8889 ¥1.53 4120 ...... 1.1182 1.1521 3.03 0743 ...... 1.3626 1.3202 ¥3.11 2580 ...... 0.8445 0.81 ¥4.09 4150 ...... 0.7812 0.7923 1.42 0760 ...... 0.8149 0.8294 1.78 2620 ...... 1.0556 1.0682 1.19 4200 ...... 0.8682 0.8315 ¥4.23 0840 ...... 0.8442 0.8324 ¥1.40 2640 ...... 1.0913 1.1135 2.03 4243 ...... 0.9287 0.9179 ¥1.16 0860 ...... 1.1826 1.2282 3.86 2650 ...... 0.7845 0.7792 ¥0.68 4280 ...... 0.8791 0.8581 ¥2.39 0870 ...... 0.8887 0.9042 1.74 2655 ...... 0.8722 0.878 0.66 4320 ...... 0.947 0.9483 0.14 0875 ...... 1.1689 1.215 3.94 2670 ...... 1.0045 1.0066 0.21 4360 ...... 1.0173 0.9892 ¥2.76 0880 ...... 0.9352 0.9022 ¥3.53 2680 ...... 1.0293 1.0297 0.04 4400 ...... 0.8955 0.9097 1.59 0920 ...... 0.844 0.8757 3.76 2700 ...... 0.9374 0.968 3.26 4420 ...... 0.8571 0.8629 0.68 0960 ...... 0.8446 0.8341 ¥1.24 2710 ...... 1.0214 0.9823 ¥3.83 4480 ...... 1.1948 1.2001 0.44 1000 ...... 0.8808 0.9222 4.70 2720 ...... 0.8053 0.7895 ¥1.96 4520 ...... 0.9529 0.9276 ¥2.66 1010 ...... 0.7984 0.7972 ¥0.15 2750 ...... 0.9002 0.9693 7.68 4600 ...... 0.8449 0.9646 14.17 1020 ...... 0.8842 0.8907 0.74 2760 ...... 0.9203 0.9457 2.76 4640 ...... 0.9103 0.9219 1.27 1040 ...... 0.9038 0.9109 0.79 2800 ...... 0.9394 0.9446 0.55 4680 ...... 0.8957 0.9204 2.76 1080 ...... 0.905 0.931 2.87 2840 ...... 0.9984 1.0216 2.32 4720 ...... 1.0337 1.0467 1.26 1123 ...... 1.1383 1.1235 ¥1.30 2880 ...... 0.8792 0.8505 ¥3.26 4800 ...... 0.8708 0.89 2.20 1125 ...... 0.9799 0.9689 ¥1.12 2900 ...... 0.9481 0.9871 4.11 4840 ...... 0.486 0.4914 1.11 1145 ...... 0.8209 0.8535 3.97 2920 ...... 1.0313 0.9465 ¥8.22 4880 ...... 0.8378 0.8428 0.60 1150 ...... 1.0758 1.0944 1.73 2960 ...... 0.953 0.9584 0.57 4890 ...... 1.0314 1.0498 1.78 1240 ...... 0.9012 0.888 ¥1.46 2975 ...... 0.8336 0.8281 ¥0.66 4900 ...... 0.9913 1.0253 3.43 1260 ...... 0.9328 0.8821 ¥5.44 2980 ...... 0.8709 0.8892 2.10 4920 ...... 0.8978 0.892 ¥0.65 1280 ...... 0.9459 0.9365 ¥0.99 2985 ...... 0.9069 0.8897 ¥1.90 4940 ...... 0.9947 0.9837 ¥1.11 1303 ...... 0.9883 1.0052 1.71 2995 ...... 0.9569 0.9456 ¥1.18 5000 ...... 0.995 0.9802 ¥1.49 1310 ...... 0.4699 0.4371 ¥6.98 3000 ...... 1.0048 0.9525 ¥5.21 5015 ...... 1.1469 1.1213 ¥2.23 1320 ...... 0.8956 0.8932 ¥0.27 3040 ...... 0.887 0.895 0.90 5080 ...... 0.9971 0.9893 ¥0.78 1350 ...... 0.9496 0.969 2.04 3060 ...... 0.9495 0.9237 ¥2.72 5120 ...... 1.093 1.0903 ¥0.25 1360 ...... 0.8699 0.9056 4.10 3080 ...... 0.9208 0.9502 3.19 5140 ...... 0.9364 0.9157 ¥2.21 1400 ...... 0.9306 1.0635 14.28 3120 ...... 0.9539 0.9282 ¥2.69 5160 ...... 0.8082 0.8108 0.32 1440 ...... 0.9206 0.9235 0.32 3150 ...... 0.9289 0.91 ¥2.03 5170 ...... 1.082 1.0498 ¥2.98 1480 ...... 0.9264 0.8898 ¥3.95 3160 ...... 0.9217 0.9122 ¥1.03 5190 ...... 1.0851 1.0674 ¥1.63 1520 ...... 0.9336 0.985 5.51 3180 ...... 0.8365 0.9268 10.79 5200 ...... 0.8201 0.8137 ¥0.78 1540 ...... 1.0566 1.0438 ¥1.21 3200 ...... 0.9287 0.9418 1.41 5240 ...... 0.7359 0.7734 5.10 1560 ...... 0.9369 0.8976 ¥4.19 3240 ...... 0.9425 0.9223 ¥2.14 5280 ...... 0.9939 0.9284 ¥6.59 1580 ...... 0.8288 0.8628 4.10 3283 ...... 1.1533 1.1549 0.14 5330 ...... 0.8771 0.8976 2.34 1600 ...... 1.1046 1.1044 ¥0.02 3285 ...... 0.7476 0.7659 2.45 5345 ...... 0.9699 0.9754 0.57 1620 ...... 0.9856 0.9745 ¥1.13 3290 ...... 0.9367 0.9028 ¥3.62 5360 ...... 0.9754 0.9578 ¥1.80 1640 ...... 0.9473 0.9381 ¥0.97 3320 ...... 1.1539 1.1457 ¥0.71 5380 ...... 1.3643 1.3357 ¥2.10 1660 ...... 0.8337 0.8406 0.83 3350 ...... 0.7975 0.8385 5.14 5483 ...... 1.2238 1.2408 1.39 1680 ...... 0.9457 0.967 2.25 3360 ...... 0.9631 0.9892 2.71 5523 ...... 1.1526 1.1767 2.09 1720 ...... 0.9744 0.9916 1.77 3400 ...... 0.9616 0.9636 0.21 5560 ...... 0.9036 0.9046 0.11 1740 ...... 0.8686 0.8496 ¥2.19 3440 ...... 0.8883 0.8903 0.23 5600 ...... 1.4427 1.4414 ¥0.09 1760 ...... 0.9492 0.9307 ¥1.95 3480 ...... 0.9698 0.9717 0.20 5640 ...... 1.1622 1.1381 ¥2.07 1800 ...... 0.844 0.8374 ¥0.78 3500 ...... 0.9859 0.9587 ¥2.76 5660 ...... 1.1113 1.1387 2.47 1840 ...... 0.9565 0.9751 1.94 3520 ...... 0.9257 0.9532 2.97 5720 ...... 0.8579 0.8574 ¥0.06 1880 ...... 0.8341 0.8729 4.65 3560 ...... 0.8491 0.8607 1.37 5775 ...... 1.5319 1.5072 ¥1.61 1890 ...... 1.1646 1.1453 ¥1.66 3580 ...... 0.9013 0.9275 2.91 5790 ...... 0.9556 0.9402 ¥1.61 1900 ...... 0.8306 0.7847 ¥5.53 3600 ...... 0.9223 0.9381 1.71 5800 ...... 1.0104 0.9397 ¥7.00 1920 ...... 0.9936 0.9998 0.62 3605 ...... 0.7622 0.8239 8.09 5880 ...... 0.8694 0.89 2.37 1950 ...... 0.8613 0.8859 2.86 3610 ...... 0.805 0.7976 ¥0.92 5910 ...... 1.135 1.096 ¥3.44 1960 ...... 0.8638 0.8835 2.28 3620 ...... 0.9739 0.9849 1.13 5920 ...... 0.9712 0.9978 2.74
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Percent Percent Percent Urban FY 2002 FY 2003 change, Urban FY 2002 FY 2003 change, Urban FY 2002 FY 2003 change, MSA wage wage FY 2002– MSA wage wage FY 2002– MSA wage wage FY 2002– index index FY 2003 index index FY 2003 index index FY 2003
5945 ...... 1.1123 1.1474 3.16 7040 ...... 0.8931 0.8855 ¥0.85 8320 ...... 0.8532 0.8599 0.79 5960 ...... 0.9642 0.964 ¥0.02 7080 ...... 1.0011 1.0367 3.56 8360 ...... 0.8327 0.8088 ¥2.87 5990 ...... 0.8334 0.8344 0.12 7120 ...... 1.4684 1.4623 ¥0.42 8400 ...... 0.9809 0.981 0.01 ¥ 6015 ...... 0.9061 0.8865 2.16 7160 ...... 0.9863 0.9945 0.83 8440 ...... 0.8912 0.9199 3.22 ¥ 6020 ...... 0.8133 0.8127 0.07 7200 ...... 0.8193 0.8374 2.21 8480 ...... 1.0416 1.0432 0.15 6080 ...... 0.8361 0.8645 3.40 7240 ...... 0.8584 0.8753 1.97 8520 ...... 0.8967 0.8911 ¥0.62 6120 ...... 0.8773 0.8739 ¥0.39 7320 ...... 1.1265 1.1131 ¥1.19 ¥ 8560 ...... 0.8902 0.8332 ¥6.40 6160 ...... 1.0947 1.0713 2.14 7360 ...... 1.414 1.4142 0.01 ¥ 6200 ...... 0.9638 0.982 1.89 7400 ...... 1.4193 1.4145 ¥0.34 8600 ...... 0.8171 0.813 0.50 ¥ 6240 ...... 0.7895 0.7962 0.85 7440 ...... 0.4762 0.4741 ¥0.44 8640 ...... 0.9641 0.9521 1.24 6280 ...... 0.956 0.9365 ¥2.04 7460 ...... 1.099 1.1271 2.56 8680 ...... 0.8329 0.8465 1.63 6323 ...... 1.0278 1.0235 ¥0.42 7480 ...... 1.0802 1.0481 ¥2.97 8720 ...... 1.3562 1.3354 ¥1.53 6340 ...... 0.9448 0.9372 ¥0.80 7485 ...... 1.397 1.3646 ¥2.32 8735 ...... 1.0994 1.1096 0.93 6360 ...... 0.5218 0.5169 ¥0.94 7490 ...... 1.0194 1.0712 5.08 8750 ...... 0.8328 0.8756 5.14 6403 ...... 0.9427 0.9794 3.89 7500 ...... 1.3034 1.3046 0.09 8760 ...... 1.0441 1.0031 ¥3.93 ¥ ¥ 6440 ...... 1.1111 1.0667 4.00 7510 ...... 1.009 0.9425 6.59 8780 ...... 0.9628 0.9429 ¥2.07 ¥ 6483 ...... 1.0805 1.0854 0.45 7520 ...... 1.0018 0.9376 6.41 8800 ...... 0.8129 0.8073 ¥0.69 6520 ...... 0.9843 0.9984 1.43 7560 ...... 0.8683 0.8599 ¥0.97 8840 ...... 1.0962 1.0851 ¥1.01 6560 ...... 0.8604 0.882 2.51 7600 ...... 1.1361 1.1474 0.99 6580 ...... 0.9015 0.9218 2.25 7610 ...... 0.7926 0.7869 ¥0.72 8920 ...... 0.8041 0.8069 0.35 6600 ...... 0.9333 0.9334 0.01 7620 ...... 0.8427 0.8697 3.20 8940 ...... 0.9696 0.9782 0.89 6640 ...... 0.9818 0.999 1.75 7640 ...... 0.9373 0.9255 ¥1.26 8960 ...... 0.9777 0.9939 1.66 6660 ...... 0.8869 0.8846 ¥0.26 7680 ...... 0.905 0.8987 ¥0.70 9000 ...... 0.7985 0.767 ¥3.94 6680 ...... 0.9583 0.9295 ¥3.01 7720 ...... 0.8767 0.9046 3.18 9040 ...... 0.9606 0.952 ¥0.90 6690 ...... 1.1155 1.1135 ¥0.18 7760 ...... 0.9139 0.9257 1.29 9080 ...... 0.7867 0.8498 8.02 6720 ...... 1.0421 1.0648 2.18 7800 ...... 0.9993 0.9802 ¥1.91 9140 ...... 0.8628 0.8544 ¥0.97 6740 ...... 1.096 1.1491 4.84 7840 ...... 1.0668 1.0852 1.72 9160 ...... 1.0877 1.1173 2.72 6760 ...... 0.9678 0.9477 ¥2.08 7880 ...... 0.8676 0.8659 ¥0.20 9200 ...... 0.9409 0.964 2.46 ¥ 6780 ...... 1.1112 1.1365 2.28 7920 ...... 0.8567 0.8424 1.67 9260 ...... 1.0567 1.0569 0.02 6800 ...... 0.8371 0.8614 2.90 8003 ...... 1.0881 1.0927 0.42 9270 ...... 0.9701 0.9434 ¥2.75 ¥ 6820 ...... 1.1462 1.2139 5.91 8050 ...... 0.9133 0.8941 2.10 9280 ...... 0.9441 0.9026 ¥4.40 6840 ...... 0.9347 0.9194 ¥1.64 8080 ...... 0.8637 0.8804 1.93 9320 ...... 0.9563 0.9358 ¥2.14 6880 ...... 0.9204 0.9625 4.57 8120 ...... 1.0815 1.0506 ¥2.86 9340 ...... 1.0359 1.0276 ¥0.80 6895 ...... 0.9109 0.9228 1.31 8140 ...... 0.7794 0.8273 6.15 ¥ 6920 ...... 1.1831 1.15 ¥2.80 8160 ...... 0.9621 0.9714 0.97 9360 ...... 0.8989 0.8589 4.45 6960 ...... 0.959 0.965 0.63 8200 ...... 1.1616 1.094 ¥5.82 6980 ...... 0.9851 0.97 ¥1.53 8240 ...... 0.8527 0.8504 ¥0.27 [FR Doc. 03–16397 Filed 6–27–03; 8:45 am] 7000 ...... 0.7891 0.8021 1.65 8280 ...... 0.8925 0.9065 1.57 BILLING CODE 4120–01–P
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Part IV
The President Proclamation 7688—Death of James Strom Thurmond Proclamation 7689—To Modify Duty-Free Treatment Under the Generalized System of Preferences
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Federal Register Presidential Documents Vol. 68, No. 127
Wednesday, July 2, 2003
Title 3— Proclamation 7688 of June 30, 2003
The President Death of James Strom Thurmond
By the President of the United States of America
A Proclamation As a mark of respect for the memory of James Strom Thurmond, the longest serving member and former President pro tempore of the United States Senate, I hereby order, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, that on the day of his interment, the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset on such day. I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and sta- tions. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of June, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-seventh. W
[FR Doc. 03–17034 Filed 7–1–03; 11:39 am] Billing code 3195–01–P
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Proclamation 7689 of June 30, 2003
To Modify Duty-Free Treatment Under the Generalized Sys- tem of Preferences
By the President of the United States of America
A Proclamation 1. Pursuant to sections 501, 503(a)(1)(A), and 503(c)(1) of title V of the Trade Act of 1974, as amended (the ‘‘1974 Act’’) (19 U.S.C. 2461, 2463(a)(1)(A), and 2463(c)(1)), the President may designate or withdraw des- ignation of specified articles provided for in the Harmonized Tariff Schedule of the United States (HTS) as eligible for preferential tariff treatment under the Generalized System of Preferences (GSP) when imported from designated beneficiary developing countries. 2. Pursuant to section 503(a)(1)(B) of the 1974 Act (19 U.S.C. 2463(a)(1)(B)), the President may designate articles as eligible articles only for countries designated as least-developed beneficiary developing countries under section 502(a)(2) (19 U.S.C. 2462(a)(2)), if the President determines that such articles are not import-sensitive in the context of imports from such least-developed beneficiary developing countries. 3. Pursuant to section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)), beneficiary developing countries, except those designated as least-developed beneficiary developing countries or beneficiary sub-Saharan African countries pursuant to section 503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), are subject to competitive need limitations on the preferential treatment afforded under the GSP to eligible articles. 4. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C)), provides that a country that is no longer treated as a beneficiary developing country with respect to an eligible article may be redesignated as a beneficiary developing country with respect to such article if imports of such article from such country did not exceed the competitive need limitations in section 503(c)(2)(A) during the preceding calendar year. 5. Section 503(c)(2)(F) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)), provides that the President may disregard the competitive need limitation provided in section 503(c)(2)(A)(i)(II) (19 U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article from any beneficiary developing country if the aggregate appraised value of the imports of such article into the United States during the preceding calendar year does not exceed an amount set forth in section 503(c)(2)(F)(ii) (19 U.S.C. 2463(c)(2)(F)(ii)). 6. Pursuant to section 503(d) of the 1974 Act (19 U.S.C. 2463(d)), the President may waive the application of the competitive need limitations in section 503(c)(2)(A) with respect to any eligible article from any beneficiary developing country if certain conditions are met. 7. (a) Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act, and after receiving advice from the International Trade Commission in accordance with section 503(e) (19 U.S.C. 2463(e)), I have determined to designate certain articles, previously designated under section 503(a)(1)(B), as eligible articles when imported from any beneficiary developing country. In order to do so, it is necessary to subdivide and amend the nomenclature of existing subheadings of the HTS.
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(b) Furthermore, I have determined that it is appropriate to modify the application of duty-free treatment under title V of the 1974 Act for a certain article, in particular for a good previously eligible for such treatment that the Bureau of Customs and Border Protection reclassified. 8. Pursuant to section 503(a)(1)(B) of the 1974 Act, I have determined to designate certain articles as eligible articles under the GSP only for least- developed beneficiary developing countries. 9. Pursuant to section 503(c)(1) of the 1974 Act, and having considered the factors set forth in sections 501 and 502(c), I have determined to limit the application of duty-free treatment accorded to certain articles from certain beneficiary developing countries. 10. Pursuant to sections 503(c)(1) and 503(c)(2)(A) of the 1974 Act, I have determined that certain beneficiary countries should no longer receive pref- erential tariff treatment under the GSP with respect to certain eligible articles that were imported in quantities exceeding the applicable competitive need limitation in 2002. 11. Pursuant to section 503(c)(2)(C) of the 1974 Act, I have determined that certain countries should be redesignated as beneficiary developing coun- tries with respect to certain eligible articles that previously had been imported in quantities exceeding the competitive need limitations of section 503(c)(2)(A). 12. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have determined that the competitive need limitation provided in section 503(c)(2)(A)(i)(II) should be waived with respect to certain eligible articles from certain bene- ficiary developing countries. 13. Pursuant to section 503(d) of the 1974 Act, I have determined that the competitive need limitations of section 503(c)(2)(A) should be waived with respect to certain eligible articles from certain beneficiary developing countries. I have received the advice of the International Trade Commission on whether any industries in the United States are likely to be adversely affected by such waiver, and I have determined, based on that advice and on the considerations described in sections 501 and 502(c), that such waivers are in the national economic interest of the United States. 14. Section 604 of the 1974 Act, as amended (19 U.S.C. 2483), authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other acts affecting import treatment, and actions there- under, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to title V and section 604 of the 1974 Act, do proclaim that: (1) In order to provide that one or more countries that have not been treated as beneficiary developing countries with respect to one or more eligible articles should be redesignated as beneficiary developing countries with respect to such article or articles for purposes of the GSP, and, in order to provide that one or more countries should no longer be treated as a beneficiary developing country with respect to one or more eligible articles for purposes of the GSP, general note 4(d) to the HTS is modified as provided in section A of Annex I to this proclamation. (2) In order to designate certain articles as eligible articles for purposes of the GSP, the HTS is modified by amending and sub-dividing the nomen- clature of certain existing HTS subheadings as provided in section B of Annex I to this proclamation. (3)(a) In order to designate certain articles as eligible articles for purposes of the GSP when imported from any beneficiary developing country, the Rates of Duty 1-Special subcolumn for such HTS subheadings is modified as provided in section C(1) of Annex I to this proclamation.
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(b) In order to designate certain articles as eligible articles for purposes of the GSP when imported from any beneficiary developing country other than India, the Rates of Duty 1-Special subcolumn for such HTS subheadings is modified as provided for in section C(2) of Annex I to this proclamation. (c) In order to designate certain articles as eligible articles for purposes of the GSP when imported from any least- developed beneficiary developing country, the Rates of Duty 1-Special subcolumn for such HTS subheadings is modified as provided in section C(3) of Annex I to this proclamation. (d) In order to provide preferential tariff treatment under the GSP to a beneficiary developing country that has been excluded from the benefits of the GSP for certain eligible articles, the Rates of Duty 1-Special subcolumn for such HTS subheadings is modified as provided for in section C(4) of Annex I to this proclamation. (e) In order to provide that one or more countries should not be treated as a beneficiary developing country with respect to certain eligible articles for purposes of the GSP, the Rates of Duty 1-Special subcolumn for such HTS subheadings is modified as provided for in section C(5) of Annex I to this proclamation. (4) A waiver of the application of section 503(c)(2)(A)(i)(II) of the 1974 Act shall apply to the eligible articles in the HTS subheadings and to the beneficiary developing countries listed in Annex II to this proclamation. (5) A waiver of the application of section 503(c)(2)(A) of the 1974 Act shall apply to the eligible articles in the HTS subheading and to the bene- ficiary developing countries set forth in Annex III to this proclamation. (6) Any provisions of previous proclamations or Executive orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. (7) (a) The modifications made by Annex I to this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after July 1, 2003. (b) The actions taken in Annex II to this proclamation shall be effective on July 1, 2003. (c) The actions taken in Annex III to this proclamation shall be effective on the date of publication of this proclamation in the Federal Register. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of June, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-seventh. W
Billing code 3195–01–P
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[FR Doc. 03–17035
Filed 7–1–03; 11:39 am] Billing code 3190–01–C
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Reader Aids Federal Register Vol. 68, No. 127 Wednesday, July 2, 2003
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 32 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 9...... 39374 The United States Government Manual 741–6000 7688...... 39793 10...... 39379 7689...... 39795 11...... 39381 Other Services 12...... 39387 Electronic and on-line services (voice) 741–6020 7 CFR 13...... 39389 Privacy Act Compilation 741–6064 718...... 39447 14...... 39391 Public Laws Update Service (numbers, dates, etc.) 741–6043 1405...... 39447 15...... 39394 TTY for the deaf-and-hard-of-hearing 741–6086 Proposed Rules: 16...... 39395 1580...... 39478 17...... 39397 ELECTRONIC RESEARCH 12 CFR 33 CFR World Wide Web Proposed Rules: 900...... 39027 165...... 39455 Full text of the daily Federal Register, CFR and other publications 932...... 39027 26...... 39353 is located at: http://www.access.gpo.gov/nara 955...... 39027 101...... 39240 Federal Register information and research tools, including Public 102...... 39240 Inspection List, indexes, and links to GPO Access are located at: 13 CFR 103...... 39284 http://www.archives.gov/federallregister/ 121...... 39448 104...... 39292 105...... 39315 E-mail 14 CFR 106...... 39338 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 39...... 39449 160...... 39292 an open e-mail service that provides subscribers with a digital Proposed Rules: 161...... 39353 form of the Federal Register Table of Contents. The digital form 39...... 39483, 39485 164...... 39353 of the Federal Register Table of Contents includes HTML and 71...... 39238 165 ...... 39013, 39015, 39017, PDF links to the full text of each document. 39292, 39353 15 CFR To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 922...... 39005 110...... 39503 (or change settings); then follow the instructions. 17 CFR PENS (Public Law Electronic Notification Service) is an e-mail 30...... 39006 40 CFR service that notifies subscribers of recently enacted laws. 52...... 39457 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 20 CFR 80...... 39018 and select Join or leave the list (or change settings); then follow 218...... 39009 180 ...... 39428, 39435, 39460, the instructions. 220...... 39009 39462 FEDREGTOC-L and PENS are mailing lists only. We cannot 225...... 39009 Proposed Rules: 52...... 39041, 39506 respond to specific inquiries. 22 CFR Reference questions. Send questions and comments about the Proposed Rules: Federal Register system to: [email protected] 303...... 39490 44 CFR The Federal Register staff cannot interpret specific documents or 64...... 39019 25 CFR regulations. 65...... 39021 Proposed Rules: 67...... 39023 Ch. I ...... 39038 FEDERAL REGISTER PAGES AND DATE, JULY Proposed Rules: 26 CFR 67 ...... 39042, 39044, 39046 39005–39446...... 1 1 ...... 39011, 39012, 39452, 39447–39804...... 2 39453 46 CFR 602...... 39012 2...... 39292 Proposed Rules: 31...... 39292 1...... 39498 71...... 39292 301...... 39498 91...... 39292 115...... 39292 27 CFR 126...... 39292 4...... 39454 176...... 39292 Proposed Rules: 4...... 39500 24...... 39500 47 CFR 0...... 39471 31 CFR 32...... 38641 Proposed Rules: 54...... 38642, 39471 103...... 39039 73...... 38643
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49 CFR 50 CFR 300...... 39024 Proposed Rules: 17...... 39507 541...... 39471 17...... 39624 697...... 39048
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REMINDERS HOMELAND SECURITY distribution, sale, etc.; Northeastern United States The items in this list were DEPARTMENT comments due by 6-9-03; fisheries— editorially compiled as an aid Coast Guard published 4-9-03 [FR 03- Northeast multispecies; to Federal Register users. Regattas and marine parades: 08599] comments due by 6-10- Inclusion or exclusion from Delaware River, DE; marine AGRICULTURE 03; published 5-23-03 this list has no legal events; published 6-2-03 DEPARTMENT [FR 03-13013] significance. West Coast States and LABOR DEPARTMENT Farm Service Agency Special programs: Western Pacific Occupational Safety and fisheries— RULES GOING INTO Health Administration Farm Security and Rural Investment Act of 2002; Pacific Coast groundfish; EFFECT JULY 2, 2003 Safety and health standards: implementation— comments due by 6-13- Powered industrial trucks; 03; published 5-16-03 Loan eligibility provisions; AGRICULTURE published 6-2-03 [FR 03-12315] comments due by 6-9- DEPARTMENT TRANSPORTATION 03; published 4-9-03 DEFENSE DEPARTMENT Commodity Credit DEPARTMENT [FR 03-08646] Acquisition regulations: Corporation National Highway Traffic Minor Program loans; Tangible item marking and Loan and purchase programs: Safety Administration comments due by 6-9-03; valuing; contractor Crop insurance fraud; Motor vehicle theft prevention published 4-9-03 [FR 03- possession of government disqualification for standard: 08597] property; comments due benefits; published 7-2-03 High-theft vehicle lines for AGRICULTURE by 6-9-03; published 5-12- AGRICULTURE 2004 model year; listing; DEPARTMENT 03 [FR 03-11726] DEPARTMENT published 7-2-03 Rural Business-Cooperative ENERGY DEPARTMENT Farm Service Agency TREASURY DEPARTMENT Service Polygraph Examination Farm marketing quotas, Fiscal Service Program regulations: Regulations; acreage allotments, and Agency information collection Farm Security and Rural counterintelligence polygraph production adjustments: activities; proposals, Investment Act of 2002; program; comments due by Crop insurance fraud; submissions, and approvals; implementation— 6-13-03; published 4-14-03 [FR 03-09009] disqualification for published 7-2-03 Loan eligibility provisions; benefits; published 7-2-03 TREASURY DEPARTMENT comments due by 6-9- ENVIRONMENTAL AGRICULTURE PROTECTION AGENCY Internal Revenue Service 03; published 4-9-03 DEPARTMENT [FR 03-08646] Air pollution control: Income taxes: Grain Inspection, Packers Minor Program loans; Federal operating permit and Stockyards Compensatory stock options comments due by 6-9-03; programs— transfers; published 7-2-03 Administration published 4-9-03 [FR 03- California agricultural Fees: Outbound liquidations into 08597] sources; fee payment foreign corporations; anti- Official inspection and AGRICULTURE deadlines; comments abuse rule; published 7-2- weighing services; DEPARTMENT due by 6-12-03; 03 published 6-2-03 Rural Housing Service published 5-13-03 [FR Correction; published 6- Program regulations: 03-11910] 13-03 COMMENTS DUE NEXT Farm Security and Rural California agricultural ENVIRONMENTAL WEEK Investment Act of 2002; sources; fee payment PROTECTION AGENCY implementation— deadlines; comments due by 6-12-03; Pesticides; tolerances in food, AGRICULTURE Loan eligibility provisions; published 5-13-03 [FR animal feeds, and raw DEPARTMENT comments due by 6-9- 03-11911] agricultural commodities: Agricultural Marketing 03; published 4-9-03 Air pollution; standards of Famoxadone; published 7-2- Service [FR 03-08646] performance for new 03 Nectarines and peaches Minor Program loans; stationary sources: Glyphosate; correction; grown in— comments due by 6-9-03; Stationary gas turbines; published 7-2-03 California; comments due by published 4-9-03 [FR 03- 08597] comments due by 6-13- FEDERAL 6-9-03; published 4-9-03 03; published 5-28-03 [FR COMMUNICATIONS [FR 03-08650] AGRICULTURE 03-13416] DEPARTMENT COMMISSION Onions (sweet) grown in— Air programs; approval and Common carrier services: Washington and Oregon; Rural Utilities Service promulgation; State plans Federal-State Joint Board comments due by 6-9-03; Program regulations: for designated facilities and on Universal Service— published 4-9-03 [FR 03- Farm Security and Rural pollutants: Schools and libraries; 08648] Investment Act of 2002; Mississippi; comments due universal service AGRICULTURE implementation— by 6-11-03; published 5- support mechanism; DEPARTMENT Loan eligibility provisions; 12-03 [FR 03-11751] correction; published 7- Animal and Plant Health comments due by 6-9- Air quality implementation 2-03 Inspection Service 03; published 4-9-03 plans; approval and HEALTH AND HUMAN Animal welfare: [FR 03-08646] promulgation; various SERVICES DEPARTMENT Medical records Minor Program loans; States: Food and Drug maintenance; comments comments due by 6-9-03; Illinois; comments due by 6- Administration due by 6-10-03; published published 4-9-03 [FR 03- 12-03; published 5-13-03 Medical devices: 4-11-03 [FR 03-08928] 08597] [FR 03-11749] Orthopedic devices— Viruses, serums, toxins, etc.: COMMERCE DEPARTMENT Hazardous wastes: Resorbable calcium salt Veterinary biological National Oceanic and Identification and listing— bone void filler device; products; actions by Atmospheric Administration Hazardous waste classification; published licensees and permitees Fishery conservation and mixtures; wastewater 6-2-03 to stop preparation, management: treatment exemptions
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(headworks comments due by 6-12- Lockheed; comments due Anti-money laundering exemptions); comments 03; published 2-12-03 [FR by 6-13-03; published 4- program for persons due by 6-9-03; 03-03461] 29-03 [FR 03-10513] involved in real estate published 4-8-03 [FR Drawbridge operations: Class D and Class E closings and 03-08154] Florida; comments due by airspace; comments due by settlements; comments Solid wastes: 6-9-03; published 4-10-03 6-10-03; published 5-5-03 due by 6-9-03; Project XL (eXcellence and [FR 03-08690] [FR 03-11030] published 4-10-03 [FR 03-08688] Leadership) program; site- Ports and waterways safety: Class E airspace; comments specific projects— Chesapeake Bay, MD; Cove due by 6-10-03; published Anne Arundel County Point Liquefied Natural 5-5-03 [FR 03-11034] Millersville Landfill, Gas Terminal; safety and TRANSPORTATION LIST OF PUBLIC LAWS Severn, MD; comments security zone; comments DEPARTMENT due by 6-12-03; due by 6-12-03; published Research and Special This is a continuing list of published 5-13-03 [FR 5-15-03 [FR 03-12050] Programs Administration public bills from the current 03-11909] Port Everglades Harbor, Hazardous materials: session of Congress which FEDERAL Fort Lauderdale, FL; have become Federal laws. It COMMUNICATIONS regulated navigation area; Hazardous materials may be used in conjunction COMMISSION comments due by 6-12- transportation— with ‘‘PLUS’’ (Public Laws Common carrier services: 03; published 5-13-03 [FR Cargo tank motor vehicles Update Service) on 202–741– Local number portability; 03-11811] transporting flammable 6043. This list is also liquids; external product implementation— HOUSING AND URBAN available online at http:// piping; safety Declatory ruling peition; DEVELOPMENT www.nara.gov/fedreg/ requirements; comments comments due by 6-13- DEPARTMENT plawcurr.html. due by 6-10-03; 03; published 6-10-03 Public and Indian housing: published 2-10-03 [FR [FR 03-14740] The text of laws is not Public housing assessment 03-03262] published in the Federal HEALTH AND HUMAN system; changes; TRANSPORTATION Register but may be ordered SERVICES DEPARTMENT comments due by 6-8-03; DEPARTMENT in ‘‘slip law’’ (individual Food and Drug published 4-4-03 [FR 03- pamphlet) form from the Administration 08175] Saint Lawrence Seaway Development Corporation Superintendent of Documents, Food for human consumption: LABOR DEPARTMENT U.S. Government Printing Seaway regulations and rules: Current good manufacturing Employment and Training Office, Washington, DC 20402 practice— Administration Stern anchors and (phone, 202–512–1808). The Dietary supplements and Senior Community Service navigation underway; text will also be made dietary supplement Employment Program; comments due by 6-12- available on the Internet from ingredients; comments comments due by 6-12-03; 03; published 5-13-03 [FR GPO Access at http:// due by 6-11-03; published 4-28-03 [FR 03- 03-11895] www.access.gpo.gov/nara/ published 3-13-03 [FR 09579] TRANSPORTATION nara005.html. Some laws may not yet be available. 03-05401] PERSONNEL MANAGEMENT DEPARTMENT Human drugs and biological OFFICE Surface Transportation H.R. 2312/P.L. 108–39 products: Group life insurance; Federal Board Bar code label employees: Practice and procedure: ORBIT Technical Corrections requirements; comments Premium rates and age Rate challenges; expedited Act of 2003 (June 30, 2003; due by 6-12-03; published bands; comments due by resolution under stand- 117 Stat. 835) 3-14-03 [FR 03-05205] 6-9-03; published 4-9-03 alone cost methodology; H.R. 2350/P.L. 108–40 HEALTH AND HUMAN [FR 03-08610] comments due by 6-9-03; SERVICES DEPARTMENT TRANSPORTATION published 4-9-03 [FR 03- Welfare Reform Extension Act Quarantine, inspection, and DEPARTMENT 08645] of 2003 (June 30, 2003; 117 Stat. 836) licensing: Computer reservation systems, TREASURY DEPARTMENT Communicable diseases carrier-owned: Comptroller of the Currency Last List June 30, 2003 control— General policy statements; Corporate activities: Quarantine of persons comments due by 6-9-03; Electronic filings by national believed to be infected published 5-9-03 [FR 03- banks; comments due by with communicable Public Laws Electronic 11634] 6-13-03; published 4-14- diseases; comments Notification Service TRANSPORTATION 03 [FR 03-08995] due by 6-9-03; DEPARTMENT (PENS) published 4-10-03 [FR TREASURY DEPARTMENT Federal Aviation 03-08736] Internal Revenue Service Administration Income taxes: HOMELAND SECURITY Airworthiness directives: PENS is a free electronic mail DEPARTMENT Stock dispositions; notification service of newly AeroSpace Technologies of suspension of losses; enacted public laws. To Coast Guard Australia Pty Ltd.; comments due by 6-12- subscribe, go to http:// Anchorage regulations and comments due by 6-9-03; 03; published 3-14-03 [FR listserv.gsa.gov/archives/ ports and waterways safety: published 4-29-03 [FR 03- 03-06118] publaws-l.html Lake Michigan— 10516] Chicago, IL; safety zone; Boeing; comments due by TREASURY DEPARTMENT Note: This service is strictly comments due by 6-10- 6-9-03; published 4-24-03 Currency and foreign for E-mail notification of new 03; published 5-20-03 [FR 03-10117] transactions; financial laws. The text of laws is not [FR 03-12494] EXTRA Flugzeugbau GmbH; reporting and recordkeeping available through this service. Boating safety: comments due by 6-9-03; requirements: PENS cannot respond to Regulatory review; impact published 5-2-03 [FR 03- USA PATRIOT Act; specific inquiries sent to this on small entities; 10846] implementation— address.
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