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The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 202–512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public interest. Subscriptions: Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Assistance with Federal agency subscriptions 202–741–6005 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register is issued under the To subscribe, go to http://listserv.access.gpo.gov and select: authority of the Administrative Committee of the Federal Register Online mailing list archives as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each FEDREGTOC-L day the Federal Register is published and it includes both text Join or leave the list and graphics from Volume 59, Number 1 (January 2, 1994) forward. Then follow the instructions. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512–1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $699, or $764 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $264. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $10.00 for each issue, or $10.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 68 FR 12345.

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2 III

Contents Federal Register Vol. 68, No. 3

Monday, January 6, 2003

Agriculture Department Grants and cooperative agreements; availability, etc.: See Animal and Plant Health Inspection Service Elementary and secondary education— See Food Safety and Inspection Service Early Childhood Educator Professional Development NOTICES Program, 547–548 Committees; establishment, renewal, termination, etc.: Institute of Education Sciences, 655–657 Forestry Research Advisory Council, 537 National Agricultural Research, Extension, Education, Employment and Training Administration and Economics Advisory Board, 537–538 NOTICES Grants and cooperative agreements; availability, etc.: Animal and Plant Health Inspection Service H-1B Technical Skills Training Program, 567–578 NOTICES Agency information collection activities: Energy Department Proposed collection; comment request, 538–539 See Federal Energy Regulatory Commission Environmental statements; availability, etc.: Oriental mealybug control program, 539–540 Environmental Protection Agency RULES Army Department Air programs: NOTICES Ambient air quality standards, national— Meetings: Ozone; response to remand, 613–645 Science Board, 546 PROPOSED RULES Hazardous waste: Identification and listing— Broadcasting Board of Governors Exclusions, 531–532 NOTICES NOTICES Meetings; Sunshine Act, 542 Reports and guidance documents; availability, etc.: Ecoregional nutrient criteria documents, 557–560 Centers for Disease Control and Prevention Estuarine and coastal marine waters; nutrient criteria NOTICES technical guidance manual, 560–561 Agency information collection activities: Proposed collection; comment request, 563–564 Executive Office of the President Submission for OMB review; comment request, 564–565 See Presidential Documents Committees; establishment, renewal, termination, etc.: HIV and STD Prevention and Treatment Advisory Farm Credit Administration Committee, 565 NOTICES Meetings: Meetings; Sunshine Act, 561–562 Fetal Alcohol Syndrome and Fetal Alcohol Effect National Task Force, 565 Federal Aviation Administration RULES Coast Guard Airworthiness directives: PROPOSED RULES Airbus, 486–488 Pollution: Boeing, 476–483 Ballast water management reports; non-submission Empresa Brasileira de Aeronautica S.A. (EMBRAER), penalties, 523–530 488–490 Fokker, 483–485 Commerce Department McDonnell Douglas, 471–476 See International Trade Administration Saab, 485–486 See National Oceanic and Atmospheric Administration Class E airspace, 490–491 Standard instrument approach procedures, 491–493 PROPOSED RULES Commodity Futures Trading Commission Airworthiness directives: NOTICES Boeing, 518–521 Contract market proposals: Dornier, 516–518 New York Mercantile Exchange— NOTICES PJM Calendar-Month Daily-LMP Swap et al., 545–546 Meetings: RTCA, Inc., 598–599 Defense Department Passenger facility charges; applications, etc.: See Army Department Manchester Airport, NH, 599

Education Department Federal Communications Commission NOTICES RULES Agency information collection activities: Digital television stations; table of assignments: Proposed collection; comment request, 546–547 Michigan, 503

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Radio stations; table of assignments: NOTICES Florida and Wisconsin, 503–504 Agency information collection activities: Georgia, 504 Submission for OMB review; comment request, 565–567 Indiana, 504 PROPOSED RULES Interior Department Radio stations; table of assignments: See Land Management Bureau New Jersey, 532–533 See Surface Mining Reclamation and Enforcement Office Oklahoma, 532 Internal Revenue Service NOTICES Agency information collection activities: NOTICES Proposed collection; comment request, 562–563 Agency information collection activities: Proposed collection; comment request, 607–610 Federal Election Commission Meetings: Taxpayer Advocacy Panels, 610 RULES Federal Election Campaign Act: International Trade Administration Brokerage loans and lines of credit; transmittal to NOTICES Congress; correction, 611 Antidumping: Fresh garlic from— Federal Energy Regulatory Commission China, 542–543 NOTICES Cheese quota; foreign government subsidies: Electric rate and corporate regulation filings: Annual list, 543–544 PSEG Power Connecticut LLC et al., 552–555 Hydroelectric applications, 555–556 Justice Department Practice and procedure: NOTICES Off-the-record communications, 556–557 Agency information collection activities: Applications, hearings, determinations, etc.: Proposed collection; comment request, 567 Anaheim, CA, et al., 548–549 BP West Coast Products, LLC, et al., 550 Labor Department Northwest Pipeline Corp., 550–551 See Employment and Training Administration Paiute Pipeline Co., 551–552 See Occupational Safety and Health Administration

Federal Maritime Commission Land Management Bureau NOTICES RULES Agreements filed, etc., 563 Public administrative procedures: Conveyances, disclaimers, and correction documents— Financial Management Service Recordable disclaimers of interest in land; See Fiscal Service amendments, 494–503

Fiscal Service National Aeronautics and Space Administration NOTICES NOTICES Surety companies acceptable on Federal bonds: Patent licenses; non-exclusive, exclusive, or partially Berkley Regional Insurance Co., 607 exclusive: Ohio Indemnity Co., 607 PolyuMac TechnoCore, Inc., 588 National Highway Traffic Safety Administration Food Safety and Inspection Service RULES RULES Motor vehicle safety standards: Meat and poultry inspection: Occupant crash protection— Food labeling— Advanced air bag rule; future air bags designed to Nutrient content claims; definition of term healthy, create less risk of serious injuries for small women 460–463 and young children, etc., 504–515 NOTICES NOTICES Poultry and livestock: Motor vehicle defect proceedings; petitions, etc.: Residue testing procedures; response to comments, 540– Bailey, Edward W.; petition denied, 600 542 National Oceanic and Atmospheric Administration General Services Administration PROPOSED RULES RULES Fishery conservation and management: Federal travel: Northeastern United States fisheries— Privately owned vehicle mileage reimbursement, 493–494 Atlantic bluefish, 533–536 NOTICES Health and Human Services Department Meetings: See Centers for Disease Control and Prevention Pacific Fishery Management Council, 544–545 Housing and Urban Development Department Nuclear Regulatory Commission PROPOSED RULES RULES Grants: Spent nuclear fuel and high-level radioactive waste; Faith-based organizations; equal treatment with other independent storage; licensing requirements: participants in HUD programs, 647–654 Approved spent fuel storage casks; list, 463–471

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NOTICES State Department Reports and guidance documents; availability, etc.: NOTICES Potential inadvertent disposal of two spent fuel rods at Art objects; importation for exhibition: Barnwell, SC, and Hanford, WA, low-level Thomas Gainsborough (1727-1788), 598 radioactive waste facilities; safety analyses, 588–589 Surface Mining Reclamation and Enforcement Office Occupational Safety and Health Administration PROPOSED RULES NOTICES Permanent program and abandoned mine land reclamation Nationally recognized testing laboratories, etc.: plan submissions: Applied Research Laboratories, Inc., et al., 579–583 Utah, 521–523 Intertek Testing Services, NA, Inc., 583–586 Underwriters Laboratories Inc., 586–588 Transportation Department See Coast Guard Personnel Management Office See Federal Aviation Administration RULES See National Highway Traffic Safety Administration Prevailing rate systems, 459–460 NOTICES See Research and Special Programs Administration NOTICES Agency information collection activities: Aviation proceedings: Submission for OMB review; comment request, 589–590 Hearings, etc.— Excepted service: Pan Am Clipper Connection, 598 Schedules A, B, and C; positions placed or revoked— Update, 590–591 Treasury Department Postal Service See Fiscal Service PROPOSED RULES See Internal Revenue Service RULES Domestic Mail Manual: Currency and foreign transactions; financial reporting and Apartment house mailboxes; design standards; Consensus recordkeeping requirements: Committee establishment and meeting, 530–531 USA PATRIOT Act; implementation— Presidential Documents Anti-money laundering programs for foreign shell ADMINISTRATIVE ORDERS banks’ correspondent accounts and recordkeeping Libya; continuation of national emergency (Notice of and termination of such accounts; correction, 493 January 2, 2003), 659–661

Public Debt Bureau Separate Parts In This Issue See Fiscal Service Part II Public Health Service Environmental Protection Agency, 613–645 See Centers for Disease Control and Prevention Part III Railroad Retirement Board Housing and Urban Development Department, 647–654 NOTICES Agency information collection activities: Part IV Submission for OMB review; comment request, 591 Education Department, 655–657 Research and Special Programs Administration Part V NOTICES Presidential Documents, 659–661 Hazardous materials: Applications; exemptions, renewals, etc., 600–606 Exemption applications delayed; list, 606–607 Reader Aids Securities and Exchange Commission Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Agency information collection activities: and notice of recently enacted public laws. Submission for OMB review; comment request, 591–592 To subscribe to the Federal Register Table of Contents Self-regulatory organizations; proposed rule changes: LISTSERV electronic mailing list, go to http:// American Stock Exchange LLC, 592–595 listserv.access.gpo.gov and select Online mailing list National Association of Securities Dealers, Inc., 595–597 archives, FEDREGTOC-L, Join or leave the list (or change New York Stock Exchange, Inc., 597–598 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Executive orders: 12543 (See Notice of January 2, 2003)...... 661 12544 (See Notice of January 2, 2003)...... 661 Administrative orders: Notices: Notice of January 2, 2003 ...... 661 5 CFR 532 (2 documents) ...... 459, 460 9 CFR 317...... 460 381...... 460 10 CFR 72...... 463 11 CFR 104...... 611 14 CFR 39 (9 documents) ...... 471, 473, 476, 479, 481, 483, 485, 486, 488 71...... 490 97...... 491 Proposed Rules: 39 (2 documents) ...... 516, 518 24 CFR Proposed Rules: 92...... 648 570...... 648 572...... 648 574...... 648 576...... 648 582...... 648 583...... 648 585...... 648 30 CFR Proposed Rules: 944...... 521 31 CFR 103...... 493 33 CFR Proposed Rules: 151...... 523 39 CFR Proposed Rules: 111...... 530 40 CFR 50...... 614 Proposed Rules: 261...... 531 41 CFR 301-10...... 493 43 CFR 1860...... 494 47 CFR 73 (4 documents) ...... 503, 504 Proposed Rules: 73 (3 documents) ...... 532, 533 49 CFR 571...... 504 50 CFR Proposed Rules: 648...... 533

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Rules and Regulations Federal Register Vol. 68, No. 3

Monday, January 6, 2003

This section of the FEDERAL REGISTER Tioga County is currently an area of Office of Personnel Management. contains regulatory documents having general application in the Scranton-Wilkes- Kay Coles James, applicability and legal effect, most of which Barre wage area. This change to redefine Director. are keyed to and codified in the Code of the county to the Rochester wage area is Federal Regulations, which is published under necessary because economic trends Accordingly, the Office of Personnel 50 titles pursuant to 44 U.S.C. 1510. indicate more linkage between Tioga Management is amending 5 CFR part The Code of Federal Regulations is sold by County and the Rochester survey area 532 as follows: the Superintendent of Documents. Prices of than between Tioga County and the new books are listed in the first FEDERAL Scranton-Wilkes-Barre survey area. PART 532—PREVAILING RATE SYSTEMS REGISTER issue of each week. OPM considers the following regulatory criteria in 5 CFR 532.211 1. The authority citation for part 532 when defining FWS wage area OFFICE OF PERSONNEL continues to read as follows: boundaries: MANAGEMENT Authority: 5 U.S.C. 5343, 5346; § 532.707 (i) Distance, transportation facilities, also issued under 5 U.S.C. 552. 5 CFR Part 532 and geographic features; 2. In appendix C to subpart B, the RIN 3206–AJ64 (ii) Commuting patterns; and wage area listing for the State of New (iii) Similarities in overall population, Prevailing Rate Systems; Redefinition York is amended by revising the listing employment, and the kinds and sizes of for Rochester; and for the State of of the Scranton-Wilkes-Barre, PA, private industrial establishments. Appropriated Fund Wage Area Pennsylvania, by revising the listing for Based on our analysis of the Scranton-Wilkes-Barre, to read as AGENCY: Office of Personnel regulatory criteria for defining follows: Management. appropriated fund FWS wage areas, we ACTION: Final rule. find that Tioga County would be more Appendix C to Subpart B of Part 532— appropriately defined as part of the Appropriated Fund Wage and Survey SUMMARY: The Office of Personnel Rochester wage area. The distance Areas Management is issuing a final rule to criterion favors the Rochester wage area * * * * * redefine Tioga County, Pennsylvania, more than the Scranton-Wilkes-Barre from the Scranton-Wilkes-Barre, PA, wage area. The commuting patterns New York appropriated fund Federal Wage System criterion favors the Rochester wage area. * * * * * (FWS) wage area to the Rochester, New An additional factor we considered was York, FWS wage area. This redefinition that Tioga County is adjacent to the Rochester will better reflect economic trends in Rochester survey area, but not to the Survey Area the area, which indicate that a linkage Scranton-Wilkes-Barre survey area. This New York: exists between Tioga County and the change will affect about 10 Department Livingston Rochester wage area. The change also of the Army employees and 1 Monroe will conform more accurately to the Department of the Interior employee. Ontario regulatory criteria we use to define FWS The Federal Prevailing Rate Advisory Orleans wage areas. Committee (FPRAC), the national labor- Steuben DATES: Effective Date February 5, 2003. management committee that advises Wayne Affected employees will be moved to OPM on FWS pay matters, Area of Application. Survey Area Plus the wage schedule for the Rochester recommended this change by New York: wage area on the first day of the first consensus. Based on its review of the Allegany applicable pay period beginning on or regulatory criteria for defining FWS Chemung after the effective date of this final rule. wage areas, FPRAC recommended no Genesee FOR FURTHER INFORMATION CONTACT: other changes in the geographic Schuyler Chenty I. Carpenter at (202) 606–2838; definitions of the Rochester or Scranton- Seneca FAX at (202) 606–4264; or e-mail at Wilkes-Barre FWS wage areas. Wyoming [email protected]. Yates Regulatory Flexibility Act Pennsylvania: SUPPLEMENTARY INFORMATION: On August Tioga 1, 2002, the Office of Personnel I certify that this regulation will not * * * * * Management (OPM) published a have a significant economic impact on proposed rule to redefine Tioga County, a substantial number of small entities Pennsylvania Pennsylvania, from the Scranton- because it affects only Federal agencies * * * * * Wilkes-Barre, PA, appropriated fund and employees. Scranton–Wilkes–Barre Federal Wage System (FWS) wage area List of Subjects in 5 CFR Part 532 to the Rochester, New York, FWS wage Survey Area area (67 FR 49878). The proposed rule Administrative practice and Pennsylvania: provided a 30-day period for public procedure, Freedom of information, Lackawanna comment, during which OPM received Government employees, Reporting and Luzerne no comments. recordkeeping requirements, Wages. Monroe

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Area of Application. Survey Area Plus descriptions. The SJWG recommended DEPARTMENT OF AGRICULTURE Pennsylvania: that OPM add the Maintenance Bradford Mechanic survey job to the list of Food Safety and Inspection Service Carbon optional FWS survey jobs. Adding the Lycoming (Excluding Allenwood Federal Maintenance Mechanic survey job to the 9 CFR Parts 317 and 381 Prison Camp) Pike list of optional survey jobs would enable [Docket No. 02–025IF] Sullivan DOD to use the survey job at its Susquehanna discretion without having to ask OPM RIN 0583–AC93 Wayne for prior approval. This will allow DOD Wyoming Food Labeling; Nutrient Content to save time when conducting FWS Claims, Definition of the Term: Healthy * * * * * wage surveys. FPRAC agreed with its [FR Doc. 03–215 Filed 1–3–03; 8:45 am] working group and recommended that AGENCY: Food Safety and Inspection BILLING CODE 6325–39–P OPM make this change. Service, USDA. ACTION: Regulatory Flexibility Act Interim final rule. OFFICE OF PERSONNEL SUMMARY: The Food Safety and I certify that this regulation will not MANAGEMENT Inspection Service (FSIS) is extending have a significant economic impact on until January 1, 2006, the effective date 5 CFR Part 532 a substantial number of small entities for the requirements: That individual because it will affect only Federal meat and poultry products bearing the RIN 3206–AJ63 agencies and employees. claim ‘‘healthy’’ (or any other derivative Prevailing Rate Systems; Change in Executive Order 12866, Regulatory of the term ‘‘health’’) contain no more Federal Wage System Survey Job Review than 360 milligrams (mg) of sodium; and that meal-type products bearing the AGENCY: Office of Personnel This rule has been reviewed by the claim ‘‘healthy’’ (or any other derivative Management. Office of Management and Budget in of the term ‘‘health’’) contain no more ACTION: Final rule. accordance with Executive Order 12866. than 480 mg of sodium. DATES: Effective date: January 6, 2003. SUMMARY: The Office of Personnel List of Subjects in 5 CFR Part 532 Comment date: Written comments Management is issuing a final rule that must be received February 5, 2003. will allow the Department of Defense to Administrative practice and procedure, Freedom of information, ADDRESSES: Submit written comments use the Maintenance Mechanic Federal to the FSIS Docket Clerk, Docket #02– Wage System (FWS) survey job without Government employees, Reporting and recordkeeping requirements, Wages. 025IF, 300 12th Street, SW., Room 102 having to seek OPM’s approval on a Cotton Annex Building, Washington, DC case-by-case basis. This change will Office of Personnel Management. 20250–3700. All comments submitted in improve the local FWS wage survey response to this interim final rule will Kay Coles James, process. be made available for public inspection Director. DATES: Effective Date February 5, 2003. in the Docket Clerk’s office between FOR FURTHER INFORMATION CONTACT: Accordingly, the Office of Personnel 8:30 a.m. and 4:30 p.m., Monday Chenty I. Carpenter, (202) 606–2848, Management is amending 5 CFR part through Friday. FAX: (202) 606–0824, or e-mail 532 as follows: FOR FURTHER INFORMATION CONTACT: [email protected]. Robert Post, Ph.D., Director, Labeling PART 532—PREVAILING RATE and Consumer Protection Staff, Office of SUPPLEMENTARY INFORMATION: On August SYSTEMS Policy and Program Development, Food 1, 2002, the Office of Personnel Safety and Inspection Service, 300 12th Management (OPM) issued a proposed Street, SW., Room 602 Cotton Annex rule to permit the Department of 1. The authority citation for part 532 Building, Washington, DC 20250–3700, Defense (DOD) to use the Maintenance continues to read as follows: (202) 205–0279. Mechanic Federal Wage System (FWS) Authority: 5 U.S.C. 5343, 5346; ‘‘532.707 SUPPLEMENTARY INFORMATION: survey job on an optional basis without also issued under 5 U.S.C. 552. having to seek OPM’s advance approval. Background The Maintenance Mechanic survey job § 532.217 [Amended] On May 10, 1994, FSIS published a is now used routinely in many FWS final rule to establish a definition of the wage areas because of changes in the 2. In §532.217, paragraph (c) is term ‘‘healthy’’ or any other derivative structure of both Federal and private amended by adding the job of the term ‘‘health’’ and similar terms sector maintenance work. The proposed ‘‘Maintenance Mechanic’’ and grade on meat and poultry product labeling rule provided a 30-day period for public ‘‘10’’ after Television Station Mechanic. (59 FR 24220).1 Under 9 CFR comment, during which OPM received [FR Doc. 03–216 Filed 1–3–03; 8:45 am] 317.363(b)(3) and 381.463(b)(3), after no comments. BILLING CODE 6325–39–P November 10, 1997, an individual meat OPM’s regulations contain required or poultry product qualifying to use the and optional survey jobs. If a particular term ‘‘healthy’’ or any other derivative survey job does not appear on either list, but is needed for a local wage survey, 1 Final Rule, Nutrition Labeling; Use of ‘‘Healthy’’ an agency must request OPM’s written and Similar Terms on Meat and Poultry Product approval. The Federal Prevailing Rate Labeling, 59 FR 24220–24229, May 10, 1994. This Advisory Committee (FPRAC) document may be viewed in the FSIS Docket Room Monday through Friday from 8:30 a.m. until 4:30 established a Survey Job Work Group p.m., or accessed via the World Wide Web at (SJWG) to review FWS survey job http://www.access.gpo.gov.

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of that term on its label, or in its FSIS published an interim final rule on January 1, 2003.6 Similarly, FDA labeling, must not contain more than February 13, 1998 (63 FR 7279), which published a final rule (64 FR 12886), 360 mg of sodium: (a) per reference amended §§ 317.363(b)(3) and which extended the stay on their amount customarily consumed (RACC); 381.463(b)(3) by extending the effective provisions in regard to the lower (b) per labeled serving size; and (c) per date for the second-tier sodium levels sodium levels through January 1, 2003, 50 grams (g) for products with reference (360 mg for individual meat and poultry as well.7 amounts customarily consumed of 30 g products and 480 mg for meal-type FSIS received 8 responses to its or less or 2 tablespoons or less. Further, products) associated with the term December 28, 1999, interim final rule. under 9 CFR 317.363(b)(3)(i) and ‘‘healthy’’ until January 1, 2000.4 The Six responses conveyed support for 381.463(b)(3)(i), after November 10, Agency extended the effective date for extending the effective date of the 1997, a meal-type product qualifying to the following reasons: (1) To allow time second-tier sodium level until adequate use the aforementioned term or any for FSIS to reevaluate the standard, medical and technological research can other derivative of the term on its label including the data contained in be conducted to demonstrate that or in its labeling must not contain more ConAgra’s petition and any additional lowering the maximum amount of than 480 mg of sodium per labeled data that the Agency received; (2) to sodium used to produce these types of serving size. conduct any necessary rulemaking; and products will contribute to or enhance During the initial 24 months of the finally (3) to allow time for industry to a ‘‘healthy’’ diet. The commenters stated requirement’s implementation date, respond to the rule or to any change in that a ‘‘healthy’’ diet can not be solely which is defined as the time period the rule that may have resulted from the defined or maintained by consuming prior to November 10, 1997, the Agency’s reevaluation. lower amounts of sodium. Instead, a ‘‘healthy’’ diet must rely on maximizing maximum sodium level for individual FDA also received a petition from and minimizing a consumer’s intake of meat and poultry products would be ConAgra, Inc., requesting that the allowed to reach 480 mg, and the all nutrients, including sodium, based second-tier sodium levels associated maximum sodium level for meal-type on the individuality of the consumer. In with use of the term ‘‘healthy’’ be products would be allowed to reach 600 addition, the commenters stated that removed from the regulations. In mg. This time period and its correlating lowering the sodium level would affect response to this petition, FDA maximum levels are referred to as the the products’ palatability, which would announced a stay of the provisions ‘‘first-tier sodium level.’’ After negatively impact the demand for such relating to the lower sodium standards November 10, 1997, the maximum products. Further, consumers would be until January 1, 2000 (62 FR 15390).5 sodium level for individual meat and forced to add salt to these products to poultry products would be decreased to In its interim final rule, FSIS asked enhance their taste prior to 360 mg, and the maximum sodium level the public for data and comments in consumption, which negates the for meal-type products would be regard to the second-tier sodium levels premise of lowering sodium intake as a decreased to 480 mg. This time period in the ‘‘healthy’’ definition and other means of lowering the health risks and its correlating maximum levels are approaches to reduce the amount of associated with consuming high levels referred to as the ‘‘second-tier sodium sodium in meat and poultry products of sodium. One commenter asserted that level.’’ labeled ‘‘healthy.’’ FSIS received 20 establishing a maximum level of sodium Within the same Federal Register responses to the February 13, 1998, contained in meat and poultry products publication, the Food and Drug interim final rule, which presented labeled as ‘‘healthy’’ does not correlate Administration (FDA) published a final strong and opposing views on whether to the definition of ‘‘healthy’’ with rule (59 FR 24232) to define the term the Agency should let the second-tier respect to positive health benefits. ‘‘healthy’’ under section 403(r) of the sodium levels take effect, and provided Another commenter stated that the Federal, Food, Drug and Cosmetic Act a significant amount of data relating to lowest achievable sodium level should (21 U.S.C. 343(r)).2 FDA’s rule the use of the term ‘‘healthy.’’ Based on be used as the maximum limit when established the same sodium levels the information available, the Agency producing individual or meal-type meat associated with the use of the ‘‘healthy’’ concluded that, in some cases, the and poultry products, and that FSIS claim that FSIS’ rule established for two second-tier sodium levels may be overly should proceed with the intended separate timeframes. However, the restrictive, thereby eliminating a term effective date for the second-tier sodium timeframes in FDA’s rule differed from that may potentially assist consumers in level requirements. those established by FSIS’ rule. maintaining a healthy diet. Accordingly, As of this date, FSIS and FDA are On December 17, 1996, ConAgra, Inc., FSIS published a subsequent interim continuing their efforts: (1) To petitioned FSIS to ‘‘eliminate the sliding final rule on December 28, 1999 (64 FR reevaluate appropriate sodium levels scale sodium requirement for foods 72490), further extending the second- associated with the use of the term labeled ‘healthy’ by eliminating the tier sodium levels’ effective date until ‘‘healthy’’; and (2) to fully consider all entire second-tier levels of 360 mg options that preserve the public health sodium requirement for individual Notice, Directives, and Federal Register Publications section. 6 Interim Final Rule, Food Labeling; Nutrient foods and 480 mg sodium for meal-type 4 3 Interim Final Rule, Food Labeling: Nutrient Content Claims, Definition of Term: Healthy, 64 FR products.’’ In response to the petition, Content Claims, Definition of Term; Healthy, 63 FR 72490–72491, December 28, 1999. This document 7279–7281, February 13, 1998. This document may may be viewed in the FSIS Docket Room Monday 2 Final Rule, Food Labeling: Nutrient Content be viewed in the FSIS Docket Room Monday through Friday from 8:30 a.m. until 4:30 p.m., or Claims, Definition of Term: Healthy, 59 FR 24232– through Friday from 8:30 a.m. until 4:30 p.m., or accessed via the World Wide Web at http:// 24249, May 10, 1994. This document may be accessed via the World Wide Web at http:// www.fsis.usda.gov/FOIA/popular.htm under the accessed via the World Wide Web at www.fsis.usda.gov/FOIA/popular.htm under the Notices, Directives, and Federal Register http://www.access.gpo.gov. Notices, Directives, and Federal Register Publications section. 3 FSIS Petition #96–08, ConAgra, Inc.; received Publications section. 7 Final Rule; extension of partial stay, Food December 17, 1996. This document may be viewed 5 Final Rule; partial stay, Food Labeling: Nutrient Labeling; Nutrient Content Claims, Definition of in the FSIS Docket Room Monday through Friday Content Claims, Definition of Term: Healthy, 62 FR Term: Healthy; Extension of Partial Stay, 64 FR from 8:30 a.m. until 4:30 p.m., or accessed via the 15390–15391, April 1, 1997. This document may be 12886, March 16, 1999. This document may be World Wide Web at http://www.fsis.usda.gov/FOIA/ accessed via the World Wide Web at http:// accessed via the World Wide Web at http:// popular.htm as a related document under the www.access.gpo.gov. www.access.gpo.gov.

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intent while providing manufacturers Executive Order 12866 and the this issue to establish the basis for with the opportunity to use the term on Regulatory Flexibility Act removing altogether any sodium-related food labeling consistently with dietary This interim final rule has been disqualification for the term ‘healthy’.’’ FSIS continues to believe that further guidelines. Therefore, as the agencies determined to be non-significant and health benefits could be achieved by consider whether alternative levels may was not reviewed by the Office of lowering the sodium content of foods be more appropriate, it would be Management and Budget under labeled as ‘‘healthy’’. However, the contrary to the public interest to require Executive Order 12866. Agency needs time: (1) To conclude its manufacturers to comply with the The Administrator has made an initial reevaluation process in conjunction second-tier sodium levels within the determination that this interim final with FDA; and (2) to initiate the ‘‘healthy’’ definition by the current rule will not have a significant appropriate rulemaking. Therefore, as effective date of January 1, 2003. economic impact on a substantial the agencies consider whether Moreover, FSIS is taking this action so number of small entities, as defined by alternative levels may be more that its labeling regulations remain the Regulatory Flexibility Act (5 U.S.C. appropriate it would be contrary to the consistent with those promulgated by 601). This interim final rule will impose FDA. In the Federal Register dated May public interest to require manufacturers no new requirements on small entities. to comply with the lower sodium levels 8, 2002, FDA further extended the FSIS is initiating this action so that its in the ‘‘healthy’’ definition by the partial stay on their provisions to labeling regulations remain consistent current effective date of January 1, 2003. coincide with the aforementioned with those promulgated by FDA. effective date of January 1, 2006 (67 FR Moreover, FSIS needs time to conclude Waiver of Proposed Rulemaking 30795).8 Accordingly, further extending its reevaluation of the impact imposed the second-tier sodium level In accordance with the by further reducing limits on sodium requirements’ effective date for meat Administrative Procedures Act (5 U.S.C. contents of foods labeled as ‘‘healthy’’ to and poultry products is warranted. 553) it is the practice of the determine if the costs of such an action Administrator to offer interested parties Executive Order 12988 exceed the benefits. The petitioner the opportunity to comment on This interim final rule has been requesting the extension presented data proposed regulations. However, the reviewed under Executive Order 12988, to support that lowering the sodium extended effective date in this interim Civil Justice Reform. States and local content on foods labeled as ‘‘healthy’’ final rule does not establish any new jurisdictions are preempted by the could result in fewer ‘‘healthy’’ foods rules. In addition, this interim final rule Federal Meat Inspection Act (FMIA) and being consumed or consumers adding must be published in the Federal the Poultry Products Inspection Act table salt to improve the products’ Register prior to January 1, 2003, (PPIA) from imposing any marking, palatability. In addition, the petitioner because that is the current effective date labeling, packaging, or ingredient suggested that lack of available in the regulations. Therefore, the requirements on federally inspected substitutes for sodium would impair the Administrator has determined that meat and poultry products that are in industry’s ability to continue publication of a proposed rule is addition to, or different than, those manufacturing ‘‘healthy’’ foods as impracticable, unnecessary, and imposed under the FMIA and the PPIA. currently defined. However, information contrary to the public interest under 5 States and local jurisdictions may, collected by the Agency continues to U.S.C. 553(b)(B). For the same reasons, however, exercise concurrent support our belief that it is feasible to the Administrator waives the 30-day jurisdiction over meat and poultry produce individual meat and poultry delayed effective date under 5 U.S.C. products that are outside official products with a sodium level of 360 mg 553(d). establishments for the purpose of or less at this time. preventing the distribution of meat and FSIS will use the time allotted by the Paperwork Requirements poultry products that are misbranded or extension to initiate the appropriate There is no paperwork associated adulterated under the FMIA and PPIA, rulemaking, and respond to its with this action. or, in the case of imported articles, that comments. Industry’s constituents will Additional Public Notification are not at such an establishment, after be afforded ample time to reformulate their entry into the United States. their products (a critical consideration Public awareness of all segments of This interim final rule is not intended since product reformulation may not be rulemaking and policy development is to have retroactive effect. a simple task for products such as hot important. Consequently, in an effort to If this interim final rule is adopted, dogs) and modify labeling. better ensure that minorities, women, administrative proceedings will not be Five commenters to the December 28, and persons with disabilities are aware required before parties may file suit in 1999, FSIS interim final rule agreed of this notice; FSIS will announce it and court challenging this rule. However, with the petitioner that lowering the make copies of this Federal Register the administrative procedures specified sodium level would affect the products’ publication available through the FSIS in 9 CFR 306.5 and 381.35 must be palatability. One commenter posited Constituent Update. FSIS provides a exhausted prior to any judicial that establishing a maximum level of weekly Constituent Update, which is challenge of the application of the sodium contained in meat and poultry communicated via Listserv, a free e-mail provisions of this interim final rule, if products labeled as ‘‘healthy’’ does not subscription service. In addition, the the challenge involves any decision of correlate to the definition of ‘‘healthy’’ update is available on-line through the an FSIS employee relating to inspection with respect to positive health benefits. FSIS web page located at http:// services provided under the FMIA or Another commenter supported the www.fsis.usda.gov. The update is used PPIA. implementation of the second-tier to provide information regarding FSIS sodium level with the intended effective policies, procedures, regulations, 8 Final Rule; extension of partial stay, Food date. The last commenter stated that the Federal Register notices, FSIS public Labeling; Nutrient Content Claims, Definition of health risk focus should not be directed meetings, recalls, and any other types of Sodium Levels for the Term ‘‘Healthy;’’ Extension of Partial Stay, 67 FR 30795, May 8, 2002. This towards sodium, and the effective date information that could affect or would document may be accessed via the World Wide should be extended to allow FSIS ‘‘time be of interest to our constituents/ Web at http://www.access.gpo.gov. to conduct a review of the science on stakeholders. The constituent Listserv

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consists of industry, trade, and farm Done at Washington, DC, on: December 30, Commission under Section 218(a) for groups, consumer interest groups, allied 2002. use at the site of any civilian nuclear health professionals, scientific Dr. Garry L. McKee, power reactor.’’ professionals, and other individuals that Administrator. To implement this mandate, the NRC have requested to be included. Through [FR Doc. 02–33150 Filed 12–31–02; 3:25 pm] approved dry storage of spent nuclear the Listserv and web page, FSIS is able BILLING CODE 3410–DM–P fuel in NRC-approved casks under a to provide information to a much general license by publishing a final broader, more diverse audience. rule in 10 CFR part 72 entitled, ‘‘General License for Storage of Spent Fuel at For more information contact the NUCLEAR REGULATORY COMMISSION Power Reactor Sites’’ (55 FR 29181; July Congressional and Public Affairs Office, 18, 1990). This rule also established a at (202) 720–9113. To be added to the 10 CFR Part 72 new Subpart L within 10 CFR part 72, free e-mail subscription service entitled ‘‘Approval of Spent Fuel (Listserv) go to the ‘‘Constituent RIN 3150–AG74 Storage Casks,’’ containing procedures Update’’ page on the FSIS Web site at and criteria for obtaining NRC approval List of Approved Spent Fuel Storage http://www.fsis.usda.gov/oa/update/ of spent fuel storage cask designs. update.htm. Click on the ‘‘Subscribe to Casks: Standardized Advanced NUHOMS–24PT1; Addition Discussion the Constituent Update Listserv’’ link, then fill out and submit the form. This rule will add the Standardized AGENCY: Nuclear Regulatory  Commission. Advanced NUHOMS System List of Subjects (Standardized Advanced NUHOMS– ACTION: Final rule. 9 CFR Part 317 24PT1) to the list of approved cask SUMMARY: The Nuclear Regulatory designs. Following the procedures Food labeling, Meat inspection, Commission (NRC) is amending its specified in 10 CFR 72.230 of subpart L, Nutrition. regulations to add the Standardized Transnuclear, Inc., (TN) submitted an Advanced NUHOMS System to the list application for NRC approval together 9 CFR Part 381 of approved spent fuel storage casks. with the Safety Analysis Report (SAR)  entitled, ‘‘Final Safety Analysis Report Food labeling, Nutrition, Poultry and The Standardized Advanced NUHOMS for the Standardized Advanced poultry products. System has improved shielding and the  ability to withstand a higher seismic NUHOMS Horizontal Modular Storage For the reasons discussed in the spectra than the Standardized System for Irradiated Nuclear Fuel.’’ preamble, FSIS is amending parts 317 NUHOMS System; otherwise, the cask The NRC evaluated the TN submittal and 381 of the Federal meat and poultry designs are the same. This amendment and issued a preliminary Safety products inspection regulations as allows the holders of power reactor Evaluation Report (PSER) and a follows: operating licenses to store spent fuel in proposed Certificate of Compliance (CoC) for the Standardized Advanced this approved cask system under a  PART 317—LABELING, MARKING general license. NUHOMS System. The NRC published DEVICES, AND CONTAINERS a proposed rule in the Federal Register EFFECTIVE DATE: This final rule is (67 FR 6203; February 11, 2002) to add effective on February 5, 2003. 1. The authority for part 317 the Standardized Advanced continues to read as follows: FOR FURTHER INFORMATION CONTACT: NUHOMS–24PT1 cask system to the Jayne McCausland, Office of Nuclear listing in 10 CFR 72.214. The comment Authority: 21 U.S.C. 601–695; 7 CFR 2.18, Material Safety and Safeguards, U.S. period ended on April 29, 2002. Seven 2.53. Nuclear Regulatory Commission, comment letters were received on the § 317.363 [Amended] Washington, DC 20555–0001, telephone proposed rule. (301) 415–6219, e-mail [email protected]. Based on its review and analysis of 2. Section 317.363 is amended by SUPPLEMENTARY INFORMATION: public comments, the NRC staff has removing the phrase ‘‘through January determined that no modifications will Background 1, 2003’’ in paragraph (b)(3) be made to the proposed CoC, including introductory text and (b)(3)(i) and Section 218(a) of the Nuclear Waste its appendices, the Technical replacing it with ‘‘through January 1, Policy Act of 1982, as amended Specifications, and the Approved 2006’’. (NWPA), requires that ‘‘[t]he Secretary Contents and Design Features, for the [of the Department of Energy (DOE)] Standardized Advanced NUHOMS PART 381—POULTRY PRODUCTS shall establish a demonstration program, System. No modifications will be made INSPECTION REGULATIONS in cooperation with the private sector, to the PSER. for the dry storage of spent nuclear fuel The NRC finds that the Standardized 3. The authority for part 381 at civilian nuclear power reactor sites, Advanced NUHOMS–24PT1 cask continues to read as follows: with the objective of establishing one or system, as designed and when more technologies that the [Nuclear fabricated and used in accordance with Authority: 7 U.S.C. 138f, 450; 21 U.S.C. Regulatory] Commission may, by rule, the conditions specified in its CoC, 451–470; 7 CFR 2.18, 2.53. approve for use at the sites of civilian meets the requirements of part 72. Thus, § 381.463 [Amended] nuclear power reactors without, to the use of the TN Standardized Advanced maximum extent practicable, the need NUHOMS–24PT1 cask system, as 4. Section 381.463 is amended by for additional site-specific approvals by approved by the NRC, will provide removing the phrase ‘‘through January the Commission.’’ Section 133 of the adequate protection of public health and 1, 2003’’ in paragraph (b)(3) NWPA states, in part, that ‘‘[t]he safety and the environment. With this introductory text and (b)(3)(i) and Commission shall, by rule, establish final rule, the NRC is approving the use replacing it with ‘‘through January 1, procedures for the licensing of any of the Standardized Advanced 2006’’. technology approved by the NUHOMS–24PT1 cask system under

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the general license in 10 CFR part 72, issues, is unconscionable as an arrogant licensees. Any licensee who chooses to Subpart K, by holders of power reactor and indifferent treatment of the local use this cask under a general license operating licenses under 10 CFR part 50. population’s welfare and safety in both will need to comply with the Technical Simultaneously, the NRC is issuing a short- and long-term effects. The site- Specifications (TS) and the Certificate of final SER and CoC that will be effective specific issues raised by the commenters Compliance (CoC) conditions, such as on February 5, 2003. Single copies of included comments related to costs to training of staff. Decisions made by the CoC and SER are available for public ratepayers, exact transportation routes specific utilities on why a specific cask inspection and/or copying for a fee at for removal of spent fuel from SONGS, is chosen over another design are the NRC Public Document Room, 11555 notification of public officials along beyond the scope of this rulemaking. If Rockville Pike, Rockville, MD. transportation routes, number of SCE chooses to use the Standardized shipments, total population along Advanced NUHOMS System at the San Summary of Public Comments on the transportation routes, cost of Onofre site, the licensee will be required Proposed Rule transportation, training of SONGS to perform an evaluation in accordance The NRC received seven comment employees, creation of jobs at SONGS with § 72.212 to determine whether letters on the proposed rule. The and in the vicinity, decrease in property activities related to storage of spent fuel commenters included a public citizens’ values near SONGS, concern over the under the general license would involve petition, two public citizens, two public increased capacity of the spent fuel any changes, tests, or experiments under interest organizations, one pool, etc. The comments also included § 50.59. In addition, licensees would environmental justice organization, and several related to emergency planning at evaluate programs, such as emergency one health professional organization. SONGS. One commenter stated that the planning, as a part of their evaluations Copies of the public comments are proposed NUHOMS casks that SCE under § 72.212. In accordance with available for review at the NRC Public intends to bring onsite at SONGS were § 50.59, the licensee would make Document Room, 11555 Rockville Pike, not the safest and most secure casks changes as necessary to existing systems Rockville, MD. The comments received available on the market and that the and any physical changes to the facility are also available electronically at the NRC must force SCE to use the safest as necessary to accommodate new cask NRC’s Public Electronic Reading Room cask design for a site that sits in an designs. Each of these changes would on the Internet at http://www.nrc.gov/ earthquake fault zone. The commenters need to be evaluated per § 50.59 to reading-rm/adams.html. From this site, believed that the seismic issue must be determine the impact on other systems the public can gain entry into the NRC’s addressed and independently reviewed and on existing safety analyses. Agencywide Documents Access and by the United States Geological Survey Comment 2: One of the commenters Management System (ADAMS), which and the NRC and that the issues should stated that all meetings regarding high- provides text and image files of NRC’s be aired in public forums in Southern level waste storage at SONGS or the public documents. For more California. One commenter made transportation of irradiated fuel casks information, contact the NRC Public reference to several California laws and off site must be public and be held near Document Room (PDR) Reference staff actions that California should require the site and that all documents should at 1–800–397–4209, or 301–415–4737, SONGS to implement. One commenter be made public. or by e-mail to [email protected]. If you do stated that all television stations should Response: This comment is beyond not have access to ADAMS or if there conduct an emergency broadcast check the scope of this rulemaking. However, are problems in accessing the announcement for SONGS. it is NRC policy that meetings with documents located in ADAMS, contact Response: The site-specific issues licensees be noticed in advance and be the PDR. related to SCE potentially using the open to the public, unless proprietary,  safeguards, or other protected Comments on the Transnuclear, Inc., Standardized Advanced NUHOMS information is to be discussed. It is also Standardized Advanced NUHOMS System are beyond the scope of this rulemaking. Similarly, transportation NRC policy that documents be made System issues are beyond the scope of this public through the Agencywide The proposed listing of the TN rulemaking. This rulemaking is focused Document Access and Management  Standardized Advanced NUHOMS solely on whether to add a particular System (ADAMS), unless they contain System within 10 CFR 72.214, ‘‘List of design, the Standardized Advanced proprietary, safeguards, or other approved spent fuel storage casks,’’ has NUHOMS System, to the list of protected information. not been changed as a result of the approved casks. The rulemaking will Comment 3: One commenter public comments. A review of the enable licensees to use this cask system recommended that no transportation be comments and the NRC staff’s responses under the general license provisions of allowed without limitation or phase out follow: 10 CFR part 72. By rulemaking, in of the production of the high-level Comment 1: Several commenters § 72.210, the NRC granted a general radioactive waste at SONGS. The strongly opposed the storage or license to all reactor facilities to operate commenter further recommended that transportation of spent fuel as proposed an independent spent fuel storage the NRC, Southern California Counties, by Southern California Edison (SCE) at installation (ISFSI). For SCE to be able and the State of California require SCE the San Onofre Nuclear Generating to operate an ISFSI at SONGS under a to replace and phase out energy that Station (SONGS). These commenters general license, certain conditions in increases production of high-level waste raised a number of site-specific issues Part 72 must be met, which include with increased renewable sources and relating to the SONGS site and the using casks which have been approved conservation technologies ideally before potential storage of spent fuel at the site. by the NRC via rulemaking, and irradiated fuel pools are full in 2006. One commenter stated that the performing written evaluations which The commenter believed that any spent development and operation of a establish, among other things, that the fuel stored at SONGS will never leave ‘‘nuclear dump’’ in a highly populated, reactor site parameters, including the site. One commenter stated that the dangerously seismically active analyses of earthquake intensity, are license for SONGS should not be geological region, without a site-specific enveloped by the cask design bases. approved until the health effects of examination of critical, scientific, This rulemaking is the authority for offsite radioactive exposure are technical, economic, and other relevant general licensees and not specific included in a risk analysis by the

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California Coastal Commission, State of methodology needs another look and is formal, legal, and fully adjudicated California, or the NRC. The commenter outdated. The commenter stated that the hearings in any such critical and recommended that the Coastal probability of an extreme hazard (such extensive change at San Onofre. Commission and the State of California as tsunami, earthquake, and terrorist Response: This comment is beyond research the legality of SCE’s proposed attack) is not as low as the outcome of the scope of this rulemaking. This storage site at SONGS. computer modeling and simulations rulemaking is focused solely on whether Response: This comment is beyond indicate. The commenter stated that to add a particular design, the the scope of this rulemaking. The NRC during the entire history of the nuclear Standardized Advanced NUHOMS approval process for a dry cask CoC industry in the United States, the NRC System, to the list of approved casks. does not require site-specific actions has been in denial about the real risks The rulemaking will enable licensees to such as an independent approval or of operating nuclear generating stations, use this cask system under the general analysis by a State government or entity. especially the sites located in highly license provisions of Part 72. The Comment 4: One commenter populated, seismically active areas, as rulemaking does not address site- supported the view that the structure well as the sites that are in areas that specific issues related to potential users. and financing of the Nuclear Waste make them totally vulnerable to This design could be used by any Fund requires a major overhaul. tsunamis. general licensee. By rulemaking, in Response: This comment is beyond Response: The commenter did not § 72.210, NRC granted a general license the scope of this rulemaking. The specifically identify what NRC risk to all reactor facilities to operate an decision to initiate a major overhaul of assessment was of concern, hence this ISFSI without any further site-specific the Nuclear Waste Fund is a policy comment is beyond the scope of this licensing actions. matter for the current Administration to rulemaking which is related to the Comment 9: A commenter raised the consider in conjunction with Congress. safety review of a storage cask. Risk question that, while bolting NUHOMS The NRC does not oversee the Nuclear assessment and methodology casks to the pad may prevent tipping, Waste Fund. development are an evolving process in what will keep the concrete pad from Comment 5: One commenter stated the NRC. Thus, the risk insights that the technical analyses, which are cracking leading to possible offsite obtained from this process are based on radioactive exposure. required under § 72.212 to demonstrate many quantitative and qualitative Response: The concrete storage pad is how proposed casks will be capable of factors, such as statutory requirements a site-specific design component of a safely storing spent fuel, being and public and stakeholder interests, storage facility, which is beyond the monitored, and safely transporting the before conclusions and scope of this cask design rulemaking. In fuel and how the public health, safety, recommendations affecting safety are accordance with § 72.212, the cask and welfare will be maintained, must be made. Comments about terrorist attacks operators (licensees) are required to made public. The commenter stated that and seismic conditions are also beyond withholding these important technical the scope of this rulemaking. The perform written evaluations to ensure analyses is a serious breach of faith and consideration of seismic conditions at or that storage pads have been designed to the rules. Several commenters requested near a spent fuel storage facility, where adequately support the storage casks. that the public comment period be a storage cask would be placed, must be See TS Section 4.4.3, Item #8, which extended until all of the technical addressed by the licensee who uses the provides the seismic parameter that analyses and reports have been made casks. Prior to use, each licensee must would need to be evaluated. The fully and publicly available. evaluate the seismic and other site- earthquake motions are defined for the Response: The NRC agrees that all specific conditions at the site to top surface of the concrete storage pad. documents that support the approval of determine that the design of the cask is A specific ISFSI site utilizing the cask the cask design must be made public. suited to the conditions it would be system must demonstrate that the The documents referenced in the expected to experience during its design seismic condition for that facility proposed rule which provide the basis operational lifetime. This would include does not produce seismic effects greater for the rule are publicly available. seismic loads. The site-specific than those specified for the top of the Documents related to SONGS are not parameters are delineated in TS 4.4.3. storage pad. Further, the pads provide a part of and do not support this Comment 7: One commenter strongly flat, stable surface for resting the storage rulemaking and, therefore, a request for believed that dry cask storage raises casks, and any cracks in the pads would those documents is beyond the scope of many troubling public health questions. have no effect on cask integrity. this rulemaking. The request to extend However, the commenter did not Comment 10: One commenter stated the public comment period until all of provide any specific examples. that withholding from the public SCE’s § 72.212 technical analyses and Response: The mission of the NRC is important technical analyses which reports have been made fully and to provide reasonable assurance that the would demonstrate how proposed casks publicly available is beyond the scope health and safety of the general public will be capable of safely storing spent of this rulemaking, since it deals with will be protected from the dangers fuel for the entire lifetime that spent site-specific issues. The availability of involved in the commercial use of fuel will be stored on site, how it will the studies is not relevant to the radioactive materials. The rulemaking be monitored, how casks can later be question on which public comment is process involves a detailed technical safely transported at some time in the invited; i.e., whether this generic cask review of the storage cask design to distant future, and how the public design should be certified by the NRC. ensure the safety of the cask for storage health, safety, and welfare will be fully A request for extension of the comment of spent fuel. maintained is a serious breach of faith period filed by Ms. Patricia Borchmann Comment 8: One commenter asked and the rules. Another commenter was denied by letter dated March 27, that NRC reconsider the refusal to stated that currently casks are licensed 2002, from Dr. Donald A. Cool, Director require or provide a site-specific (approved) for 20 years, and was of the NRC’s Division of Industrial and consideration of this extensive concerned that many utilities, including Medical Nuclear Safety. modification of an existing license and SCE, have stated in their applications Comment 6: One commenter stated its related nuclear facility. The residents that the casks may remain on site for up that the NRC’s risk assessment and its of Southern California have a right to to 100 years.

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Response: Technical documents Comment 13: One commenter stated earthquake should be made available to related to this rulemaking are publicly that the NRC must guarantee the public communities within a 50-mile radius of available for inspection and copying at that the following will not occur if SONGS. the NRC Public Document Room and NUHOMS casks are allowed for storage Response: The comment about may also be viewed and downloaded of high-level radioactive waste: (a) verification of SCE’s studies is a site- electronically via the rulemaking Design flaws; (b) vents cut off from air specific issue and therefore beyond the website. In accordance with current flow due to debris; (c) faulty parts and scope of this rulemaking. It is NRC NRC regulations, a site may store spent equipment; (d) cracking; (e) casks policy that documents be made public nuclear fuel in a given cask for a period approved without NRC’s CoC; and (f) through ADAMS, unless they contain of 20 years. Storage of spent nuclear fuel exemptions from NRC policies granted proprietary, safeguards, or other for a period beyond 20 years is beyond to any casks or cask siting, loading, protected information. In this case, NRC the scope of this rulemaking. TS Section transferring, or transportation staff completed its review of the seismic 5.2.5 includes a requirement to monitor procedures. capability of the cask design to the thermal performance of each cask, Response: The NRC takes its withstand the forces of an earthquake and Section 5.2.3 includes a responsibility as a regulatory agency that produces accelerations in two requirement to develop a radiological very seriously along with its mission to horizontal directions of 1.5 g and a environmental monitoring program. protect the health and safety of the vertical acceleration of 1.0 g acting Comment 11: One commenter asked public from dangers associated with the simultaneously, as documented in the who at the NRC has approved cranes, use of radioactive materials. The NRC SER. other moving equipment, and casks, and staff of technical experts has completed Comment 16: One commenter stated a thorough review of the Standardized that, according to the NRC in 1990, the what independent verification process  was used. Advanced NUHOMS System cask ‘‘conservative’’ approach to financing assumptions would entail no repository Response: The equipment design. As needed, NRC may conduct until 2025, and onsite dry cask storage qualification for lifting and moving inspections of vendors and contractors in the interim. The commenter heavy loads is addressed in the CoC for and may witness dry run exercises and questioned what assurances (real tests) the cask design as Condition #5. This the first fuel loading of the cask when do residents near the reactor have that item states that a plant-specific safety it occurs to verify that the design casks will not leak, corrode, or in any review (under § 50.59 or § 72.48) is methods were acceptable, that cooling way negatively impact safety, as the required to show operational capability will be maintained, and that proper parts have been used in the casks are only certified for 20 years and compliance with plant-specific heavy fabrication process. No casks can be taking into consideration the NRC quote load requirements. Each licensee who approved without a CoC being issued, above. The commenter asked what state- uses the storage cask is responsible for and any exemptions from NRC of-the-art testing has been done to ensuring that any moving equipment regulations must be justified and assure residents within 50 miles of the that will be used meets NRC regulatory approved by the NRC. In addition, any ISFSI that NUHOMS casks can requirements. The NRC conducts licensee that uses one of these casks in withstand earthquakes, faulty welds, inspections of licensees’ loading the future must purchase, use, and corroded welds, fuel leakage, and/or activities, and such inspections would maintain the casks in accordance with terrorism for 100 years, if not verify that heavy load issues would be an NRC-approved Quality Assurance permanently. addressed by licensees. The NRC (QA) program. A QA program provides Response: The NRC staff completed approves cask designs for spent nuclear checks and balances to ensure that the its review of the seismic capability of fuel storage in accordance with the quality of the casks is addressed during the cask design to withstand the forces requirements of Part 72. all stages of design, fabrication, use, of an earthquake, and this is Comment 12: One commenter asked maintenance, loading, and unloading (if documented in the SER. The capability how the NRC’s independent verification required). to deal with security threats or terrorism process for the proposed NUHOMS Comment 14: One commenter asked if attacks is addressed under Part 73 and casks has changed to address problems there is video footage demonstrating an is beyond the scope of this rulemaking. that arose with other cask designs. actual fuel removal into NUHOMS casks Problems with welds and fuel leaking Problems included flammable hydrogen at any other nuclear facility? If so, would be addressed by procedures and gas bubbles, zinc interactions that can where can the public view a copy? If the QA program of the licensee and cause an explosion, welding problems, not, the commenter requested that one implemented during fabrication and procedure adherence, quality control, be required and sent to all communities loading which is beyond the scope of cracking, helium leaks, cask loading, that will use NUHOMS casks to store this rulemaking as well. Dry casks are flaws in neutron shielding material, high level radioactive waste onsite for designed to maintain their confinement faulty O-rings, unloading procedures, 10–100 years, if not permanently. integrity for the licensed period; i.e., 20 and cask deterioration within a few Response: The commenter’s request years. During the life of a cask, the years of installation. for such a video is beyond the scope of licensee must conduct periodic Response: When problems have this rulemaking. There are no NRC inspections and maintenance to ensure arisen, the NRC has taken appropriate regulatory requirements for licensees to that the cask design functions remain as action to avoid future problems. The use, or submit as part of an application, specified in the CoC. Storage of spent NRC staff conducted its independent video footage demonstrating the loading fuel in this cask design, beyond 20 safety review of the proposed cask of spent nuclear fuel into a NUHOMS years, is beyond the scope of this design, keeping in mind design issues cask. rulemaking. A separate NRC review and that have occurred in other cask designs Comment 15: One commenter approval would be needed for storage over the past several years. It found no believed that all information, including beyond the 20-year period. evidence of design-specific the NRC independent verification of Comment 17: One commenter asked characteristics or issues that could lead SCE’s studies, demonstrating that how damaged fuel assemblies will be to repeat of the design concerns raised NUHOMS casks are capable of handled and what independent in this comment. withstanding a 7.5-magnitude verification has the NRC done to assure

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that this is the safest method of can still spontaneously combust even Response: Spent fuel storage casks are handling damaged fuel assemblies. The after cooling 5 years in pools. The designed to withstand normal and commenter asked where the public can commenter questioned what assurances hypothetical accident conditions for view this independent verification. are there that fuel being transferred into their license period of 20 years, in Response: NRC Spent Fuel Project dry casks has been cooled for the accordance with Part 72 requirements. Office Interim Staff Guidance—1 (ISG– minimum 5 years. Licensees must also periodically 1) states that spent nuclear fuel with Response: The CoC includes TS that monitor and inspect casks to verify that known or suspected cladding defects state that the fuel that will be loaded in safety functions are maintained during greater than a hairline crack or a pinhole the casks must be cooled a minimum of operational lifetime. Storage of spent leak (damaged fuel) should be canned 10 years. The loading of casks and the nuclear fuel beyond the 20-year license for storage. TS 2.1.a states that damaged records thereof will be subject to NRC period is beyond the scope of this fuel assemblies shall be placed in inspection for verification that the TS rulemaking. confinement cans. The purpose of have been met. Comment 23: A commenter stated canning is to confine gross fuel particles Comment 20: One commenter stated that, in 1984, the NRC issued its waste to a known, subcritical volume during that the NRC must demonstrate that the confidence decision. A summary of the off-normal and accident conditions, and storage casks can be safely opened after findings includes the temporary storage to facilitate handling and retrievability. loading, if necessary, before allowing of spent fuel after cessation of reactor ISG–1 is publicly available on the NRC the cask to be filled with radioactive operations and generic determination of Web site. waste. no significant environmental impact. Comment 18: One commenter asked Response: There are no regulatory The Commission also announced that what risk analysis studies the NRC did requirements for a licensee to although it could reach favorable to assure that high level radioactive demonstrate that fuel can be safely conclusions, it recognized that waste can be safely transferred to barges, unloaded from a cask prior to the actual significant and unexpected events might trains, and/or trucks for eventual loading of fuel. The CoC does, however, affect its decision. The commenter transportation. The analysis should specify that the licensee conduct a dry stated that it should be obvious to all have included seismic issues regarding run of an unloading operation. That Americans that the events of 9/11 meet an earthquake during transfer of exercise would not be performed with the criteria of ‘‘unexpected events’’ to radioactive fuel from pools to casks and revisit the NRC’s Waste Confidence spent nuclear fuel but would be from casks to transportation modes. The Decision. conducted using ‘‘dummy’’ assemblies. commenter further stated that if no risk Response: This request to revisit the analysis was done, one must be Comment 21: One commenter stated Waste Confidence Decision is beyond completed before high level radioactive that the design basis for the proposed the scope of this rulemaking. Since 9/ waste is allowed to be transferred from casks must be verifiably certified to 11, the NRC has taken a number of irradiated fuel pools to NUHOMS casks, withstand a 9/11 style terrorist attack (a actions that have affected its licensees. much less transferred to transportation minimum of one kiloton) and that the Specifically in the area of spent fuel modes. cask should not be approved unless it interim storage, the NRC has issued Response: Transportation comments can withstand a 9/11 type terrorist advisories to licensees who operate are beyond the scope of this Part 72 attack. storage facilities to augment certain rulemaking. The NRC has performed a Response: This comment is beyond aspects of their security plans and number of transportation risk studies, the scope of this rulemaking. The design capability. Further, the NRC has issued and currently the Package Performance basis of the casks must address the Part orders to impose certain security Study is in progress to study what the 72 criteria to withstand a number of requirements beyond current effects of impact and fire conditions hypothetical accidents. Currently, there regulations on these licensees. In beyond current regulations would be for are no regulatory requirements for a addition, the NRC is conducting a a recently approved transportation cask storage cask to withstand a 9/11 style thorough review of its current security design. The effects of the forces from an terrorist attack. Since 9/11, the NRC has regulations and is conducting a earthquake during transfer of issued advisories to licensees who vulnerability study for spent fuel storage radioactive fuel from a spent fuel pool operate storage facilities to augment cask designs to determine what the to a storage cask would have to be certain aspects of their security plans effects would be from a terrorist attack considered in the procedures and the and capability. Further, the NRC has of a different nature, including the crash design of handling equipment in issued orders to impose certain security of a jumbo jet filled with fuel. After accordance with Part 50 requirements requirements beyond current completion of these efforts, the NRC that would be in effect by the licensed regulations on these licensees. In will determine what changes are needed utility that would be conducting fuel addition, the NRC is conducting a to its security regulations and will make movement. Dealing with the impact of thorough review of its current security them as appropriate. an earthquake during the movement of regulations and is conducting a Comment 24: One commenter asked casks to a truck or train would be vulnerability study for spent fuel storage for information about the number of addressed by the requirements of Part cask designs to determine what the additional personnel necessary to 71 which specifies that a number of effects would be from a terrorist attack prepare for an ISFSI. tests and analyses be performed to of a different nature, including the crash Response: There is no requirement for determine that the cask can withstand of a jumbo jet filled with fuel. After a particular level of staffing in the CoC. the forces expected to be seen during completion of these efforts, the NRC The question raised by the commenter normal and accident conditions. The will determine what changes are needed is unclear and lacks specificity as to forces that a transportation cask can to its security regulations and will make what is being requested. The NRC withstand exceed those that would be them as appropriate. believes the comment is beyond the experienced during an earthquake. Comment 22: One commenter stated scope of this rulemaking. Comment 19: One commenter stated that no casks have been tested for their Comment 25: One commenter that the NRC has issued a report anticipated lifetime on site at nuclear recommended that all training of admitting that irradiated fuel assemblies plants. personnel be reviewed and

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independently verified by experts robust design of shipping packages to designed for dry storage of spent nuclear outside the cask designers and the provide reasonable assurance of safe fuel, and not for transportation of spent utility. transportation during routine or nuclear fuel. If a component of the Response: TS 5.2.2 requires licensees accident conditions. The packages Standardized Advanced NUHOMS to train and verify the expertise of protect the contents from damage and System were to be transported, it would personnel to maintain and operate the release and protect the public from need to be approved by the NRC for use Standardized Advanced NUHOMS unnecessary exposure to radiation. (See in the transportation system being used. System at nuclear plants. CoC Condition also Comment 26.) Comment 31: One commenter #8 requires that the licensee perform a Comment 28: One commenter stated requested that NRC address the full dry run of loading and unloading that transportation of high level concerns about the risks of operating operations prior to first fuel loading of radioactive waste has been postponed nuclear generating stations, especially the cask. The NRC conducts several times since 9/11 due to possible spent fuel pools which will remain independent inspections of dry run terrorist threats. The commenter also totally vulnerable to terrorist attack. activities at ISFSIs. stated that one shipment, in the Another commenter referenced a Comment 26: One commenter asked planning stages for years, to ship 125 September 2000 report by the National what agency approves transportation spent fuel rods on a 2,360-mile journey, Council on Radiation Protection and methods. was delayed due to 9/11. The casks, Measurements dealing with the threat of Response: Transportation issues are unable to be certified in temperatures nuclear terrorism that warned that beyond the scope of this rulemaking. below 10 degrees Fahrenheit, had to be ‘‘Targeting nuclear spent fuel elements The NRC is not certain of the removed from the train and stored kept in a storage facility would be an commenter’s request when it refers to inside for the winter. The commenter easier target than an operating plant.’’ A ‘‘transportation methods.’’ For the stated that the NRC has approved casks successful attack on such a facility using selection of routes, mode of for storage and transportation that are 1,000 pounds of high explosives could transportation, or physical protection unable to hold up to wind and cause radiation contamination over a and control of material, the NRC, in temperature. The commenter questioned wide area. This commenter asked what conjunction with the Department of how transportation out of their the additional costs and requirements of Transportation (DOT) and the earthquake-prone coastal zone will ever county, State, and military personnel Department of Energy (DOE), regulates be assured by SCE, by DOE, or by the would be should there be a terrorist the safe transport of high level NRC. attack of vulnerable irradiated fuel radioactive material from beginning to Response: Transportation and site- pools. The commenter also asked who final destination. It is, however, the specific issues are beyond the scope of will bear the additional costs should responsibility of the shipper to choose this rulemaking which deals with the there be a terrorist attack, especially the mode of transportation along with approval of a design for dry storage of after termination of operations when routes to be used in accordance with spent nuclear fuel. See response to irradiated fuel must remain in pools for applicable regulations and guidance. Comments 21 and 23, above, for a at least 5 years for cooling. Comment 27: One commenter asked discussion of security concerns. The Response: Comments related to spent for information as to how transportation NRC has reviewed the cask design fuel pools and security provisions for methods are independently confirmed capability to withstand forces of wind protection of licensed facilities are to be safe. The commenter cited an and temperature during storage as beyond the scope of this rulemaking. incident which occurred in late March documented in the SER. The NRC reviewed potential issues in which a truck hauling radioactive Comment 29: One commenter related to possible radiological sabotage waste blew over in Wyoming. The questioned how leaking casks could be of storage casks at reactor site ISFSIs in incident was supposedly due to high unloaded if the spent fuel pool were no the 1990 rulemaking that added winds. Regarding this incident, the longer available after the reactor shut Subparts K and L to Part 72 (55 FR commenter questioned what would down operations. 29181; July 18, 1990). NRC regulations happen in an earthquake and if high Response: A licensee who uses an in Part 72 establish physical protection winds are considered when licenses for approved spent fuel cask at its storage requirements for an ISFSI located transport are granted. The commenter facility is responsible for continually within the owner-controlled area of a questioned that if this were considered, monitoring the conditions of each of its licensed power reactor site. Spent fuel how did the incident happen. If it were casks and the radiation levels around in the ISFSI is required to be protected not considered, why wasn’t it? the casks. In addition, it must develop against radiological sabotage using Response: This comment, which deals procedures to deal with off-normal provisions and requirements as with transportation issues, is beyond the events and accidents including dealing specified in § 72.212(b)(5). Further, scope of this rule which is for approval with the event of a cask that has lost its specific performance criteria are of a storage cask design. The NRC, DOE, confinement capability. In the situation specified in Part 73. Each utility and DOT have comprehensive and where a plant was decommissioned and licensed to have an ISFSI at its reactor stringent regulations for the safe no longer had a spent fuel pool site is required to develop physical transport of high level radioactive available, the licensee would have protection plans, response plans, and to waste. These regulations address the contingency plans in place to deal with install systems that provide high packaging that must be used and, in the a leaking cask on site. Such a plan assurance against unauthorized case of spent nuclear fuel, a package would include actions to minimize dose activities that could constitute an would be a cask that would need to be to workers and to the public in unreasonable risk to public health and reviewed and approved for safety accordance with NRC regulations. safety. considerations by the NRC. Choosing a Comment 30: The commenter asked if The physical protection systems at an mode of transportation (rail, truck, or the design basis for the outer cement ISFSI and its associated reactor are barge) would be made by the shipper, covering for NUHOMS casks has been similar in design features to ensure the and safety in each mode is addressed by approved for transportation. detection and assessment of DOT and its independent activities. Response: The Standardized unauthorized activities. Alarm However, the NRC and DOT rely on the Advanced NUHOMS System is annunciations at the general license

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ISFSI are monitored by the alarm consequences much greater than those the NRC is adding the TN Standardized stations at the reactor site. Response to of a Hiroshima-sized nuclear weapon Advanced NUHOMS cask system to intrusion alarms is required. Each ISFSI and would yield near term lethal doses the list of NRC-approved cask systems is subject to inspection by NRC. The ranging downwind over 60 miles.’’ for spent fuel storage in § 72.214. This licensee ensures that the physical However, emergency response planning, action does not constitute the protection systems are operating within aimed at reactor accidents, has not been establishment of a standard that their design limits. It is the ISFSI adjusted accordingly. The commenter establishes generally-applicable licensee who is responsible for believed that the issues must be requirements. protecting spent fuel in the casks from addressed in a risk analysis by the NRC. Agreement State Compatibility sabotage rather than the certificate Response: Comments related to spent holder. fuel pools and security issues are Under the ‘‘Policy Statement on Comment 32: One commenter quoting beyond the scope of this rulemaking. Adequacy and Compatibility of Ray Shadis stated that the public must See response to Comment 31, above. Agreement State Programs’’ approved by be informed of all potential radiological Comment 37: One commenter stated the Commission on June 30, 1997, and consequences, including radioactive that the design basis threat must published in the Federal Register on dose levels and dose distribution, that encompass not only a 9/11 air assault, September 3, 1997 (62 FR 46517), this would result from massive releases or but a ground-based assault for more rule is classified as Compatibility dispersal of radioactive material. than 10 people, a truck-bomb assault, or Category ‘‘NRC.’’ Compatibility is not Response: This comment is beyond weapons launched from a truck or water required for Category ‘‘NRC’’ the scope of this rulemaking. However, craft. The commenter stated that nuclear regulations. The NRC program elements Chapter 10 of the SER documents the reactors, adjacent spent fuel storage in this category are those that relate staff’s review of the cask design to deposits, nuclear fuel reprocessing directly to areas of regulation reserved ensure that its use will meet the facilities, transport vehicles, or any to the NRC by the Atomic Energy Act of regulatory dose requirements of Parts 20 high-level waste site are potential 1954, as amended (AEA), or the and 72. targets for the use of high explosives to provisions of Title 10 of the Code of Comment 33: One commenter asked disperse into the atmosphere the very Federal Regulations. Although an about the proposed security at the high high levels of radioactivity associated Agreement State may not adopt program level radioactive waste site (both reactor with materials at these facilities. A elements reserved to NRC, it may wish and irradiated fuel pools) during successful incursion into a nuclear to inform its licensees of certain operation and after retirement. power reactor would require a very requirements via a mechanism that is Response: This comment is beyond heavily armed force, since commercial consistent with the particular State’s the scope of this rulemaking which is reactors are very well protected. The administrative procedure laws but does focused solely on whether to place the core of a commercial reactor is protected not confer regulatory authority on the Standardized Advanced NUHOMS by a containment structure sufficient to State. System on the list of approved casks. prevent atmospheric release even if a Finding of No Significant See response to Comment 31, above. large airplane were to crash into the Environmental Impact: Availability Comment 34: One commenter asked facility. Only when the reactor is being how SCE and the NRC provide refueled and the containment structure Under the National Environmental assurance to the public that terrorism is open would atmospheric dispersion Policy Act of 1969, as amended, and the cannot occur or cause a radioactive of the reactor’s nuclear fuel be likely as Commission’s regulations in Subpart A release. a result of the use of high explosives. of 10 CFR Part 51, the NRC has Response: This comment is beyond The commenter stated that targeting determined that this rule is not a major the scope of this rulemaking. See spent nuclear fuel elements kept in a Federal action significantly affecting the response to Comment 31, above. storage facility would be an easier target quality of the human environment and Comment 35: One commenter stated than an operating nuclear plant. therefore an environmental impact that the Holtec and NUHOMS casks Response: This comment is beyond statement is not required. This final rule (both steel liner and concrete) could be the scope of this rulemaking. See adds an additional cask to the list of penetrated by 757 and 767 aircraft and response to Comment 31, above. approved spent fuel storage casks that that the NRC must address this issue power reactor licensees can use to store before any permits are granted and Summary of Final Revisions spent fuel at reactor sites without questioned how this concern has been Based on public comments, no additional site-specific approvals from addressed by SCE and the NRC. changes from the proposed rule were the Commission. The environmental Response: The NRC considers the made to the final CoC for the assessment and finding of no significant comment to be beyond the scope of this Standardized Advanced NUHOMS impact on which this determination is rulemaking which is focused solely on cask system, nor its appendices, the based are available for inspection at the whether to place the Standardized Technical Specifications, and the NRC Public Document Room, O–1F23, Advanced NUHOMS cask system on Approved Contents and Design 11555 Rockville Pike, Rockville, MD. the list of approved casks for storage. Features. In addition, no changes were Single copies of the environmental See response to Comment 21, above. made to the PSER. assessment and finding of no significant Comment 36: One commenter stated impact are available from Jayne M. Voluntary Consensus Standards that because the spent fuel pools McCausland, Office of Nuclear Material contain many reactor cores, the amount The National Technology Transfer Act Safety and Safeguards, U.S. Nuclear of radioactive material available for of 1995 (Pub. L. 104–113) requires that Regulatory Commission, Washington, release to the environment and therefore Federal agencies use technical standards DC 20555, telephone (301) 415–6219, e- the anticipated consequences, are much that are developed or adopted by mail [email protected]. greater than for a reactor meltdown, and voluntary consensus standards bodies that ‘‘* * * dispersal of just one portion unless the use of such a standard is Paperwork Reduction Act Statement of one spent fuel assembly by means of inconsistent with applicable law or This final rule does not contain a new high explosives would have radiological otherwise impractical. In this final rule, or amended information collection

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requirement subject to the Paperwork The benefit of this rule to nuclear Small Business Regulatory Enforcement Reduction Act of 1995 (44 U.S.C. 3501 power reactor licensees is to make Fairness Act et seq.). Existing requirements were available a greater choice of spent fuel In accordance with the Small approved by the Office of Management storage cask designs that can be used Business Regulatory Enforcement and Budget, Approval Number 3150– under a general license. The new cask Fairness Act of 1996, the NRC has 0132. vendors with casks to be listed in determined that this action is not a Public Protection Notification § 72.214 benefit by having to obtain major rule and has verified this NRC certificates only once for a design determination with the Office of The NRC may not conduct or sponsor, that can then be used by more than one and a person is not required to respond Information and Regulatory Affairs, power reactor licensee. The NRC also Office of Management and Budget. to, a request for information or an benefits because it will need to certify information collection requirement a cask design only once for use by List of Subjects in 10 CFR Part 72 unless the requesting document multiple licensees. Casks approved Administrative practice and displays a currently valid OMB control through rulemaking are to be suitable number. procedure, Criminal penalties, for use under a range of environmental Manpower training programs, Nuclear Regulatory Analysis conditions sufficiently broad to materials, Occupational safety and On July 18, 1990 (55 FR 29181), the encompass multiple nuclear power health, Penalties, Radiation protection, Commission issued an amendment to 10 plants in the United States without the Reporting and recordkeeping CFR Part 72. The amendment provided need for further site-specific approval requirements, Security measures, Spent for the storage of spent nuclear fuel in by NRC. Vendors with cask designs fuel, Whistleblowing. cask systems with designs approved by already listed may be adversely For the reasons set out in the the NRC under a general license. Any impacted because power reactor preamble and under the authority of the nuclear power reactor licensee can use licensees may choose a newly listed Atomic Energy Act of 1954, as amended; cask systems with designs approved by design over an existing one. However, the Energy Reorganization Act of 1974, the NRC to store spent nuclear fuel if it the NRC is required by its regulations as amended; and 5 U.S.C. 552 and 553, notifies the NRC in advance, the spent and NWPA direction to certify and list the NRC is adopting the following fuel is stored under the conditions approved casks. This rule has no amendments to 10 CFR Part 72. specified in the cask’s CoC, and the significant identifiable impact or benefit conditions of the general license are on other Government agencies. PART 72—LICENSING REQUIREMENTS FOR THE met. In that rule, four spent fuel storage Based on this discussion of the INDEPENDENT STORAGE OF SPENT casks were approved for use at reactor benefits and impacts of the alternatives, NUCLEAR FUEL AND HIGH-LEVEL sites and were listed in 10 CFR 72.214. the NRC concludes that the RADIOACTIVE WASTE That rule envisioned that storage casks requirements of the final rule are certified in the future could be routinely commensurate with the Commission’s added to the listing in § 72.214 through 1. The authority citation for Part 72 responsibilities for public health and continues to read as follows: the rulemaking process. Procedures and safety and the common defense and criteria for obtaining NRC approval of security. No other available alternative Authority: Secs. 51, 53, 57, 62, 63, 65, 69, new spent fuel storage cask designs is believed to be as satisfactory, and 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. were provided in Part 72, Subpart L. thus, this action is recommended. 929, 930, 932, 933, 934, 935, 948, 953, 954, The alternative to this action is to 955, as amended, sec. 234, 83 Stat. 444, as withhold approval of this new design Regulatory Flexibility Certification amended (42 U.S.C. 2071, 2073, 2077, 2092, and issue a site-specific license to each 2093, 2095, 2099, 2111, 2201, 2232, 2233, utility that proposes to use the casks. In accordance with the Regulatory 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. This alternative would cost both the Flexibility Act of 1980 (5 U.S.C. 605(b)), L. 86–373, 73 Stat. 688, as amended (42 NRC and utilities more time and money the Commission certifies that this rule U.S.C. 2021); sec. 201, as amended, 202, 206, will not, if promulgated, have a 88 Stat. 1242, as amended, 1244, 1246 (42 for each site-specific license. U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. Conducting site-specific reviews would significant economic impact on a substantial number of small entities. 10, 92 Stat. 2951 as amended by Pub. L. 102– ignore the procedures and criteria 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. currently in place for the addition of This rule affects only the licensing and 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 new cask designs that can be used under operation of nuclear power plants, (42 U.S.C. 4332); secs. 131, 132, 133, 135, a general license, and would be in independent spent fuel storage facilities, 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, conflict with NWPA direction to the and Transnuclear, Inc. The companies 2232, 2241, sec. 148, Pub. L. 100–203, 101 Commission to approve technologies for that own these plants do not fall within Stat. 1330–235 (42 U.S.C. 10151, 10152, the use of spent fuel storage at the sites the scope of the definition of ‘‘small 10153, 10155, 10157, 10161, 10168). entities’’ set forth in the Regulatory Section 72.44(g) also issued under secs. of civilian nuclear power reactors 142(b) and 148(c), (d), Pub. L. 100–203, 101 without, to the maximum extent Flexibility Act or the Small Business Size Standards set out in regulations Stat. 1330–232, 1330–236 (42 U.S.C. practicable, the need for additional site 10162(b), 10168(c), (d)). Section 72.46 also reviews. This alternative also would issued by the Small Business issued under sec. 189, 68 Stat. 955 (42 U.S.C. tend to exclude new vendors from the Administration at 13 CFR Part 121. 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 business market without cause and Backfit Analysis (42 U.S.C. 10154). Section 72.96(d) also would arbitrarily limit the choice of issued under sec. 145(g), Pub. L. 100–203, cask designs available to power reactor The NRC has determined that the 101 Stat. 1330–235 (42 U.S.C. 10165(g)). licensees. This final rulemaking will backfit rule (§ 50.109 or § 72.62) does Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. eliminate the above problems and is not apply to this final rule because this 2202, 2203, 2204, 2222, 2224, (42 U.S.C. consistent with previous Commission amendment does not involve any 10101, 10137(a), 10161(h)). Subparts K and L actions. Further, the rule will have no provisions that would impose backfits are also issued under sec. 133, 98 Stat. 2230 adverse effect on public health and as defined in the backfit rule. Therefore, (42 U.S.C. 10153) and sec. 218(a), 96 Stat. safety. a backfit analysis is not required. 2252 (42 U.S.C. 10198).

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2. In § 72.214, Certificate of maintenance personnel. This action is maintenance, and the commenter notes Compliance (CoC) 1029 is added to read intended to address the identified that it is not likely that the problem as follows: unsafe condition. exists or will develop in other switches. DATES: The commenter operates 74 Model DC– § 72.214 List of approved spent fuel Effective February 10, 2003. storage casks. The incorporation by reference of 9 series airplanes, and over the past 21 certain publications listed in the years in service there have been no * * * * * regulations is approved by the Director reported incidents by pilots or Certificate Number: 1029. of the Federal Register as of February mechanics while operating the Initial Certificate Effective Date: 10, 2003. emergency power switch. The pilots and February 5, 2003. mechanics have operated the emergency SAR Submitted by: Transnuclear, Inc. ADDRESSES: The service information power switches over half a million SAR Title: Final Safety Analysis referenced in this AD may be obtained times. Report for the Standardized Advanced from Boeing Commercial Aircraft NUHOMS Horizontal Modular Storage Group, Long Beach Division, 3855 • Receiving a shock from the power System for Irradiated Nuclear Fuel. Lakewood Boulevard, Long Beach, switch does not pose a substantial Docket Number: 72–1029. California 90846, Attention: Data and hazard to the continued airworthiness of Certificate Expiration Date: February Service Management, Dept. C1–L5A the aircraft. The reason for this is that 6, 2023. (D800–0024). This information may be 99 percent of power switch operations Model Number: Standardized examined at the Federal Aviation are performed while the airplane is Advanced NUHOMS –24PT1. Administration (FAA), Transport parked at the gate, when the pilot Airplane Directorate, Rules Docket, performs a pre-flight check, or when a Dated at Rockville, Maryland, this 17th day 1601 Lind Avenue, SW., Renton, of December, 2002. mechanic performs a maintenance Washington; or at the FAA, Los Angeles For the Nuclear Regulatory Commission. service check. If the pilot or mechanic Aircraft Certification Office, 3960 did receive a shock from the power William D. Travers, Paramount Boulevard, Lakewood, switch, a discrepancy form would be Executive Director for Operations. California; or at the Office of the Federal filled out and the switch would be [FR Doc. 03–155 Filed 1–3–03; 8:45 am] Register, 800 North Capitol Street, NW., replaced. BILLING CODE 7590–01–P suite 700, Washington, DC. The same commenter asks that, as an FOR FURTHER INFORMATION CONTACT: alternative to withdrawing the proposed Elvin K. Wheeler, Aerospace Engineer, AD, the compliance time for DEPARTMENT OF TRANSPORTATION Systems and Equipment Branch, ANM– replacement of the switch be extended 130L, FAA, Los Angeles Aircraft from 6 months to 24 months, using the Federal Aviation Administration Certification Office, 3960 Paramount lead-time of the parts and scheduled Boulevard, Lakewood, California maintenance interval criteria, as 14 CFR Part 39 90712–4137; telephone (562) 627–5344; follows: [Docket No. 2002–NM–53–AD; Amendment fax (562) 627–5210. • 39–12996; AD 2002–26–08] SUPPLEMENTARY INFORMATION: A In the proposed AD the FAA estimates that 1,079 airplanes of U.S.- RIN 2120–AA64 proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to registry are affected. At the time the Airworthiness Directives; McDonnell include an airworthiness directive (AD) proposed AD was issued, the Douglas Model DC–9–10, DC–9–20, that is applicable to certain McDonnell manufacturer had no knobs in stock, DC–9–30, DC–9–40, and DC–9–50 Douglas Model DC–9–10, DC–9–20, DC– and 374 on order, with a due date near Series Airplanes; and Model DC–9–81 9–30, DC–9–40, and DC–9–50 series the end of 2002. There is a 160-day lead (MD–81), DC–9–82 (MD–82), DC–9–83 airplanes; and Model DC–9–81 (MD– time on orders for the power switch (MD–83), DC–9–87 (MD–87), and MD–88 81), DC–9–82 (MD–82), DC–9–83 (MD– knob; therefore, the fleet cannot be Airplanes 83), DC–9–87 (MD–87), and MD–88 outfitted until the knobs are received. airplanes was published in the Federal • Because the commenter’s C-check is AGENCY: Federal Aviation Register on August 16, 2002 (67 FR performed at 20-month intervals, it Administration, DOT. 53527). That action proposed to require would have less impact on operations if ACTION: Final rule. replacement of the emergency power the knobs could be changed during a C- switch knob on the overhead switch check. This would eliminate special SUMMARY: This amendment adopts a panel in the flight compartment with a routing of airplanes or special new airworthiness directive (AD), new, improved knob made of non- distribution of the knobs. In addition, as applicable to certain McDonnell conductive material. stated in Boeing Alert Service Bulletin Douglas DC–9–10, DC–9–20, DC–9–30, DC–9–40, and DC–9–50 series airplanes; Comments DC9–24A189 (referenced in the proposed AD as the appropriate source and Model DC–9–81 (MD–81), DC–9–82 Interested persons have been afforded (MD–82), DC–9–83 (MD–83), DC–9–87 of service information for an opportunity to participate in the accomplishment of the actions), the (MD–87), and MD–88 airplanes. This making of this amendment. Due amendment requires replacement of the opening of the forward overhead switch consideration has been given to the panel would not be required, ‘‘based on emergency power switch knob on the comments received. overhead switch panel in the flight knowledge of mechanic performing compartment with a new, improved Request To Withdraw Proposed AD or replacement of knob assembly on knob made of non-conductive material. Extend Compliance Time emergency power switch.’’ This would The actions specified by this AD are One commenter asks the FAA to allow one set of mechanics to replace intended to prevent the knob from withdraw the proposed AD for the the knobs and would eliminate conducting electricity, which could following reasons: unnecessary steps. result in delivery of an electrical shock • The proposed AD states that one We partially agree with the and consequent injury to flightcrew or mechanic received a shock during commenter, as follows:

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• We do not agree to withdraw the compliance time of 6 months can be were not adopted. The cost impact proposed AD. As specified in the met. The two commenters note that figures discussed in AD rulemaking Discussion section of the proposed AD, although Revision 01 of the referenced actions represent only the time ‘‘Investigation revealed that terminals service bulletin was released on August necessary to perform the specific actions within the switch had shorted to the 5, 2002, to reset the start date of the actually required by the AD. These switch shaft. Due to the design of the original issue of the service bulletin, figures typically do not include emergency power system, this switch is only 300 parts were available at that incidental costs, such as the time not grounded. The capacity of the time. One commenter adds that the FAA required to gain access and close up, emergency power switch knob to is currently reviewing Revision 02 of the planning time, or time necessitated by conduct electricity, if not corrected, service bulletin which extends the other administrative actions. could result in delivery of an electrical compliance time to 12 months to Regulatory Impact shock and consequent injury to accommodate availability of parts. Both flightcrew or maintenance personnel.’’ commenters state that the proposed AD The regulations adopted herein will Further, the existing power switch must should be changed to reflect the latest not have a substantial direct effect on be replaced with a non-conductive revision of the service bulletin with the the States, on the relationship between material in order to preclude the extended compliance time, which the national Government and the States, possibility of an electrical shock to allows time for Boeing to produce an or on the distribution of power and personnel, which could happen either adequate number of parts. responsibilities among the various in flight or before takeoff. The final rule As described previously, we have levels of government. Therefore, it is will be issued accordingly. reviewed and approved Revision 02 of determined that this final rule does not • We do agree to extend the the service bulletin and agree to extend have federalism implications under compliance time somewhat for the the compliance time for the replacement Executive Order 13132. replacement of the switch. We have required by this final rule to within 12 For the reasons discussed above, I reviewed and approved Boeing Alert months after the effective date of this certify that this action (1) is not a Service Bulletin DC9–24A189, Revision AD. ‘‘significant regulatory action’’ under 01, dated August 5, 2002, excluding Executive Order 12866; (2) is not a Evaluation Form; and Revision 02, Explanation of Editorial Change ‘‘significant rule’’ under DOT dated October 8, 2002, excluding We have changed the service bulletin Regulatory Policies and Procedures (44 Evaluation Form; as additional sources citation throughout this final rule to FR 11034, February 26, 1979); and (3) of service information for exclude the Evaluation Form. (The form will not have a significant economic accomplishment of the actions. Revision is intended to be completed by impact, positive or negative, on a 02 extends the compliance time operators and submitted to the substantial number of small entities recommended in the original issue of manufacturer to provide input on the under the criteria of the Regulatory the service bulletin from 6 to 12 months, quality of the service bulletin; however, Flexibility Act. A final evaluation has as parts will be available within that this AD does not include such a been prepared for this action and it is timeframe. The changes in Revisions 01 requirement.) contained in the Rules Docket. A copy and 02 are not substantive, meaning that Conclusion of it may be obtained from the Rules airplanes modified per those service Docket at the location provided under bulletins are not subject to any After careful review of the available the caption ADDRESSES. additional work. However, we have data, including the comments noted changed paragraph (a) of this final rule above, the FAA has determined that air List of Subjects in 14 CFR Part 39 to refer to Revision 02 of the service safety and the public interest require the Air transportation, Aircraft, Aviation bulletin as the appropriate source of adoption of the rule with the changes safety, Incorporation by reference, service information for the actions in previously described. The FAA has Safety. that paragraph. In addition, we have determined that these changes will added a new paragraph (b) to the final neither increase the economic burden Adoption of the Amendment rule (and reordered subsequent on any operator nor increase the scope Accordingly, pursuant to the paragraphs accordingly) to give credit of the AD. authority delegated to me by the for replacements done before the Administrator, the Federal Aviation Cost Impact effective date of this AD according to Administration amends part 39 of the the original issue and Revision 01 of the There are approximately 1,904 Federal Aviation Regulations (14 CFR service bulletin. To follow the airplanes of the affected design in the part 39) as follows: compliance time specified in Revision worldwide fleet. The FAA estimates that 02 of the service bulletin, we have 1,079 airplanes of U.S. registry will be PART 39—AIRWORTHINESS extended the compliance time for the affected by this AD, that it will take DIRECTIVES replacement to within 12 months after approximately 1 work hour per airplane 1. The authority citation for part 39 the effective date of this AD. Paragraph to accomplish the required replacement, continues to read as follows: (a) of this final rule has been changed and that the average labor rate is $60 per accordingly. work hour. Required parts will cost Authority: 49 U.S.C. 106(g), 40113, 44701. approximately $250 per airplane. Based § 39.13 [Amended] Request To Extend Compliance Time on these figures, the cost impact of the Two commenters ask that the AD on U.S. operators is estimated to be 2. Section 39.13 is amended by compliance time specified in the $334,490, or $310 per airplane. adding the following new airworthiness proposed AD be extended from 6 to 12 The cost impact figure discussed directive: months. A third commenter states that, above is based on assumptions that no 2002–26–08 McDonnell Douglas: although there are concerns about parts operator has yet accomplished any of Amendment 39–12996. Docket 2002– availability, if Boeing can provide an the requirements of this AD action, and NM–53–AD. adequate supply of parts to meet the that no operator would accomplish Applicability: Model DC–9–11, DC–9–12, overnight inspection schedule, a those actions in the future if this AD DC–9–13, DC–9–14, DC–9–15, DC–9–15F,

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DC–9–21, DC–9–31, DC–9–32, DC–9–32 (VC– compliance with this AD, if any, may be or X-ray inspections to detect cracks of 9C), DC–9–32F, DC–9–33F, DC–9–34, DC–9– obtained from the Los Angeles ACO. the fuselage skin and doubler at all 34F, DC–9–32F (C–9A, C–9B), DC–9–41, DC– Special Flight Permits corners of the forward lower cargo 9–51, DC–9–81 (MD–81), DC–9–82 (MD–82), doorjamb; various follow-on repetitive DC–9–83 (MD–83), DC–9–87 (MD–87), and (e) Special flight permits may be issued in MD–88 airplanes; as listed in Boeing Alert inspections; and modification, if accordance with sections 21.197 and 21.199 necessary. This amendment retains Service Bulletin DC9–24A189, dated of the Federal Aviation Regulations (14 CFR December 12, 2001; certificated in any 21.197 and 21.199) to operate the airplane to those requirements but requires certain category. a location where the requirements of this AD high-frequency, rather than low- can be accomplished. frequency, eddy current inspections for Note 1: This AD applies to each airplane certain conditions. The actions specified identified in the preceding applicability Incorporation by Reference by this AD are intended to detect and provision, regardless of whether it has been (f) The replacement shall be done in correct cracking, which could result in modified, altered, or repaired in the area accordance with Boeing Alert Service rapid decompression of the fuselage and subject to the requirements of this AD. For Bulletin DC9–24A189, Revision 02, dated airplanes that have been modified, altered, or consequent reduced structural integrity October 8, 2002, excluding Evaluation Form. of the airplane. This action is intended repaired so that the performance of the This incorporation by reference was requirements of this AD is affected, the approved by the Director of the Federal to address the identified unsafe owner/operator must request approval for an Register in accordance with 5 U.S.C. 552(a) condition. alternative method of compliance in and 1 CFR part 51. Copies may be obtained DATES: Effective February 10, 2003. accordance with paragraph (d) of this AD. from Boeing Commercial Aircraft Group, The request should include an assessment of The incorporation by reference of Long Beach Division, 3855 Lakewood McDonnell Douglas Service Bulletin the effect of the modification, alteration, or Boulevard, Long Beach, California 90846, repair on the unsafe condition addressed by DC9–53–277, Revision 01, dated June Attention: Data and Service Management, 16, 1999, excluding Evaluation Form, as this AD; and, if the unsafe condition has not Dept. C1-L5A (D800–0024). Copies may be been eliminated, the request should include inspected at the FAA, Transport Airplane listed in the regulations, is approved by specific proposed actions to address it. Directorate, 1601 Lind Avenue, SW., Renton, the Director of the Federal Register as of Compliance: Required as indicated, unless Washington; or at the FAA, Los Angeles February 10, 2003. accomplished previously. Aircraft Certification Office, 3960 Paramount The incorporation by reference of To prevent the emergency power switch Boulevard, Lakewood, California; or at the McDonnell Douglas Service Bulletin knob from conducting electricity, which Office of the Federal Register, 800 North DC9–53–277, dated September 30, 1996, could result in delivery of an electrical shock Capitol Street, NW., suite 700, Washington, was approved previously by the Director and consequent injury to flightcrew or DC. maintenance personnel, accomplish the of the Federal Register as of May 22, following: Effective Date 1998 (63 FR 19180, April 17, 1998). ADDRESSES: The service information Replacement (g) This amendment becomes effective on February 10, 2003. referenced in this AD may be obtained (a) Within 12 months after the effective from Boeing Commercial Aircraft Issued in Renton, Washington, on date of this AD, replace the emergency power Group, Long Beach Division, 3855 switch knob on the overhead switch panel in December 24, 2002. Lakewood Boulevard, Long Beach, the flight compartment with a new, improved Vi L. Lipski, knob, having part number 4957249–9, made California 90846, Attention: Data and Manager, Transport Airplane Directorate, Service Management, Dept. C1–L5A of non-conductive material, according to the Aircraft Certification Service. Accomplishment Instructions of Boeing Alert (D800–0024). This information may be Service Bulletin DC9–24A189, Revision 02, [FR Doc. 03–30 Filed 1–3–03; 8:45 am] examined at the Federal Aviation dated October 8, 2002; excluding Evaluation BILLING CODE 4910–13–P Administration (FAA), Transport Form. Airplane Directorate, Rules Docket, (b) Replacements done before the effective 1601 Lind Avenue, SW., Renton, date of this AD according to Boeing Alert DEPARTMENT OF TRANSPORTATION Service Bulletin DC9–24A189, dated Washington; or at the FAA, Los Angeles December 12, 2001; or Revision 01, dated Federal Aviation Administration Aircraft Certification Office, 3960 August 5, 2002; both excluding Evaluation Paramount Boulevard, Lakewood, Form, are acceptable for compliance with the 14 CFR Part 39 California; or at the Office of the Federal replacement required by paragraph (a) of this Register, 800 North Capitol Street, NW., AD. [Docket No. 2001–NM–78–AD; Amendment suite 700, Washington, DC. 39–12998; AD 2002–26–10] Part Installation FOR FURTHER INFORMATION CONTACT: (c) As of the effective date of this AD, no RIN 2120–AA64 Wahib Mina, Aerospace Engineer, person shall install an emergency power Airframe Branch, ANM–120L, FAA, Los switch knob having part number 4957249–1, Airworthiness Directives; McDonnell Angeles Aircraft Certification Office, 4957249–501, or 4957249–503, on the Douglas DC–9–10, –20, –30, –40, and 3960 Paramount Boulevard, Lakewood, overhead switch panel in the flight –50 Series Airplanes California 90712–4137; telephone (562) compartment of any airplane. AGENCY: Federal Aviation 627–5324; fax (562) 627–5210. Alternative Methods of Compliance Administration, DOT. SUPPLEMENTARY INFORMATION: A (d) An alternative method of compliance or ACTION: Final rule. proposal to amend part 39 of the Federal adjustment of the compliance time that Aviation Regulations (14 CFR part 39) provides an acceptable level of safety may be SUMMARY: This amendment supersedes by superseding AD 98–08–24, used if approved by the Manager, Los an existing airworthiness directive (AD), amendment 39–10473 (63 FR 19180, Angeles Aircraft Certification Office (ACO), applicable to certain McDonnell April 17, 1998), which is applicable to FAA. Operators shall submit their requests through an appropriate FAA Principal Douglas DC–9–10, –20, –30, –40, and certain McDonnell Douglas Model DC– Maintenance Inspector, who may add –50 series airplanes, that currently 9–10, –20, –30, –40, and –50 series comments and then send it to the Manager, requires a one-time visual inspection to airplanes, and Model C–9 (military) Los Angeles ACO. determine the modification status of the airplanes, was published in the Federal Note 2: Information concerning the corners of the forward lower cargo Register on August 30, 2002 (67 FR existence of approved alternative methods of doorjamb; low-frequency eddy current 55732). The action proposed to require

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a one-time visual inspection to Designated Engineering Representative The language in paragraph (f)(3) of the determine the modification status of the (DER). proposed AD has been changed from corners of the forward lower cargo We do not agree with the commenter. ‘‘An alternative method of compliance doorjamb; low-frequency eddy current We have conducted further analysis of for any inspection or repair * * *’’ to (LFEC) inspections to detect cracks of this issue in conjunction with the ‘‘An alternative method of compliance the fuselage skin and doubler at all manufacturer, and we have determined that provides an acceptable level of corners of the forward lower cargo that, for the corners of the forward lower safety may be used for any repair doorjamb; various follow-on repetitive cargo door jamb that have been ***’’ to clarify that a DER is not inspections; and modification, if modified, but not in accordance with permitted to approve an inspection necessary. The action also proposed to the DC–9 SRM or service rework method. retain the existing requirements, but drawing, an initial HFEC inspection of Conclusion require certain high-frequency, rather the fuselage skin adjacent to the existing than low-frequency, eddy current repairs would not detect any cracking After careful review of the available inspections for certain conditions. under the repairs. The absence of data, including the comments noted cracking outside a repaired area does above, the FAA has determined that air Comments not indicate that an acceptable level of safety and the public interest require the Interested persons have been afforded safety is being maintained, since adoption of the rule with the changes an opportunity to participate in the possible cracking under the repairs previously described. The FAA has making of this amendment. Due could grow rapidly and extend out from determined that these changes will consideration has been given to the under the repaired area. No change to neither increase the economic burden comments received. paragraph (c) of the final rule is on any operator nor increase the scope necessary in this regard. of the AD. Request To Extend Repetitive Inspection Interval Request To Change Certain Language in Cost Impact Preamble There are approximately 899 One commenter asks that the airplanes of the affected design in the repetitive inspection interval specified The same commenter states that the worldwide fleet. The FAA estimates that in paragraph (b)(1)(i)(A) of the proposed proposed AD should explicitly state that 622 airplanes of U.S. registry will be AD be extended from 3,500 landings to the new AD supersedes and cancels the affected by this AD. 3,860 landings. The commenter states requirements of the existing AD, to The inspection that is currently that this would permit inspection of avoid a duplicate compliance required by AD 98–08–24, and retained affected areas during a scheduled requirement. We do not agree with the commenter; in this AD, takes approximately 1 work maintenance visit. the requested language is already in the hour per airplane to accomplish, at an The FAA does not agree with the proposed AD. The Summary section of average labor rate of $60 per work hour. commenter’s request. Insufficient the proposed AD states, ‘‘This document Based on these figures, the cost impact supporting data were provided to us to proposes the supersedure of an existing of the currently required actions is substantiate the request. In developing airworthiness directive * * * The estimated to be $60 per airplane. an appropriate compliance time for this Summary section also specifies that the Should an operator be required to action, we considered not only the proposed AD retains the requirements accomplish an eddy current inspection, degree of urgency associated with in the existing AD, but requires HFEC it will take approximately 1 work hour addressing the subject unsafe condition, rather than low frequency eddy current per airplane to accomplish, at an but the manufacturer’s recommendation inspections for certain conditions. No average labor rate of $60 per work hour. as to an appropriate compliance time, change to the final rule is necessary in Based on these figures, the cost impact and the practical aspect of this regard. of an eddy current inspection required accomplishing the required inspections by this AD is estimated to be $60 per within an interval of time that parallels Explanation of Editorial Change airplane. normal scheduled maintenance for the We have changed the service bulletin Should an operator be required to majority of affected operators. No citation throughout this final rule to accomplish the modification, it will take change to the final rule is necessary in exclude the Evaluation Form. (The form approximately 14 work hours per this regard. is intended to be completed by airplane to accomplish, at an average Request for Deferral of Upgrade or operators and submitted to the labor rate of $60 per work hour. Replacement of Previously Approved manufacturer to provide input on the Required parts will cost approximately Repairs quality of the service bulletin; however, $936 or $2,807 per airplane, depending this AD does not include such a on the service kit purchased. Based on The same commenter asks that requirement.) these figures, the cost impact of the upgrade or replacement of certain modification required by this AD is Explanation of Changes to Final Rule repairs, as specified in paragraph (c) of estimated to be $1,776 or $3,647 per the proposed AD, be deferred for a In the Summary section of the airplane. period of 24 months, providing the high proposed AD, we inadvertently omitted No change to the parts cost or work frequency eddy current (HFEC) identification of the X-ray inspection to hour estimate is anticipated as a result inspections find no evidence of detect cracks, which was required by of the new actions included in this AD. cracking. The commenter states that this AD 98–08–24. That inspection was, The cost impact figures discussed would pertain to an existing repair or however, identified in the actions above are based on assumptions that no modification that is not in accordance required by the proposed AD. We have operator has yet accomplished any of with the published structural repair changed the Summary section of this the requirements of this AD action, and manual (SRM) or rework drawing AD to include the following phrase: that no operator would accomplish specifications, but has been approved ‘‘* * * low-frequency eddy current or those actions in the future if this AD for static strength by an original X-ray inspections to detect cracks were not adopted. The cost impact equipment manufacturer or FAA ***’’ figures discussed in AD rulemaking

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actions represent only the time Applicability: Model DC–9–11, DC–9–12, corners of the forward lower cargo doorjamb necessary to perform the specific actions DC–9–13, DC–9–14, DC–9–15, and DC–9–15F have not been modified: Before further flight, actually required by the AD. These airplanes; DC–9–21 airplanes; DC–9–31, DC– perform a low-frequency eddy current (LFEC) figures typically do not include 9–32, DC–9–32 (VC–9C), DC–9–32F, DC–9– or X-ray inspection to detect cracks of the 33F, DC–9–34, DC–9–34F, and DC–9–32F (C– fuselage skin and doubler at all corners of the incidental costs, such as the time 9A, C–9B) airplanes; DC–9–41 airplanes; and forward lower cargo doorjamb, in accordance required to gain access and close up, DC–9–51 airplanes; certificated in any with McDonnell Douglas Service Bulletin planning time, or time necessitated by category; as listed in McDonnell Douglas DC9–53–277, dated September 30, 1996; or other administrative actions. Service Bulletin DC9–53–277, Revision 01, Revision 01, dated June 16, 1999, excluding dated June 16, 1999, excluding Evaluation Evaluation Form. After the effective date of Regulatory Impact Form. this AD, Revision 01 of the service bulletin The regulations adopted herein will Note 1: This AD applies to each airplane must be used. (1) If no cracking is detected during the not have a substantial direct effect on identified in the preceding applicability provision, regardless of whether it has been LFEC or X-ray inspection required by this the States, on the relationship between paragraph, accomplish the requirements of the national Government and the States, modified, altered, or repaired in the area subject to the requirements of this AD. For either paragraph (b)(1)(i) or (b)(1)(ii) of this or on the distribution of power and airplanes that have been modified, altered, or AD. responsibilities among the various repaired so that the performance of the (i) Option 1. Repeat the inspections as levels of government. Therefore, it is requirements of this AD is affected, the follows until the actions specified in determined that this final rule does not owner/operator must request approval for an paragraph (b)(1)(ii) of this AD are accomplished: alternative method of compliance in have federalism implications under (A) If the immediately preceding accordance with paragraph (f)(1) of this AD. Executive Order 13132. inspection was conducted using LFEC The request should include an assessment of For the reasons discussed above, I techniques, conduct the next inspection the effect of the modification, alteration, or within 3,500 landings; or certify that this action (1) is not a repair on the unsafe condition addressed by (B) If the immediately preceding inspection ‘‘significant regulatory action’’ under this AD; and, if the unsafe condition has not was conducted using X-ray techniques, Executive Order 12866; (2) is not a been eliminated, the request should include conduct the next inspection within 2,850 ‘‘significant rule’’ under DOT specific proposed actions to address it. landings. Regulatory Policies and Procedures (44 Compliance: Required as indicated, unless (ii) Option 2. Before further flight, modify FR 11034, February 26, 1979); and (3) accomplished previously. the corners of the forward lower cargo will not have a significant economic To detect and correct cracking in the doorjamb, in accordance with the service impact, positive or negative, on a fuselage skin or doubler at the corner of the bulletin. Within 28,000 landings after substantial number of small entities forward lower cargo doorjamb, which could accomplishment of that modification, under the criteria of the Regulatory result in rapid decompression of the fuselage perform a high-frequency eddy current and consequent reduced structural integrity Flexibility Act. A final evaluation has (HFEC) inspection to detect cracks on the of the airplane, accomplish the following: skin adjacent to the modification, in been prepared for this action and it is Note 2: Where there are differences accordance with the service bulletin. Repeat contained in the Rules Docket. A copy between the service bulletin and the AD, the the HFEC inspection thereafter at intervals of it may be obtained from the Rules AD prevails. not to exceed 20,000 landings. Docket at the location provided under (A) If no crack is detected on the skin Note 3: This AD is related to AD 96–13– ADDRESSES. adjacent to the modification during any the caption 03, amendment 39–9671; and AD 94–03–01, HFEC inspection required by this paragraph: amendment 39–8807. This AD will affect List of Subjects in 14 CFR Part 39 Repeat the HFEC inspection thereafter at Principal Structural Element (PSE) 53.09.001 intervals not to exceed 20,000 landings. Air transportation, Aircraft, Aviation of the DC–9 Supplemental Inspection (B) If any crack is detected on the skin safety, Incorporation by reference, Document (SID). adjacent to the modification during any Safety. One-time Inspection HFEC inspection required by this paragraph: Adoption of the Amendment Before further flight, repair it in accordance (a) Prior to the accumulation of 48,000 total with a method approved by the Manager, Los landings, or within 3,500 landings after May Accordingly, pursuant to the Angeles Aircraft Certification Office (ACO), 22, 1998 (the effective date of AD 98–08–24, FAA. authority delegated to me by the amendment 39–10473), whichever occurs Administrator, the Federal Aviation (2) If any crack is found during any LFEC later: Perform a one-time general visual or X-ray inspection required by this Administration amends part 39 of the inspection to determine if the corners of the paragraph and the crack is 2 inches or less Federal Aviation Regulations (14 CFR forward lower cargo doorjamb have been in length: Before further flight, modify it in part 39) as follows: modified. accordance with the service bulletin. Within Note 4: For the purposes of this AD, a 28,000 landings after accomplishment of the PART 39—AIRWORTHINESS general visual inspection is defined as: ‘‘A modification, perform an HFEC inspection to DIRECTIVES visual examination of an interior or exterior detect cracks on the skin adjacent to the area, installation, or assembly to detect modification, in accordance with the service 1. The authority citation for part 39 obvious damage, failure, or irregularity. This bulletin. continues to read as follows: level of inspection is made from within (i) If no crack is detected during the HFEC touching distance unless otherwise specified. Authority: 49 U.S.C. 106(g), 40113, 44701. inspection required by this paragraph: Repeat A mirror may be necessary to enhance visual the HFEC inspection thereafter at intervals § 39.13 [Amended] access to all exposed surfaces in the not to exceed 20,000 landings. inspection area. This level of inspection is (ii) If any crack is detected during the 2. Section 39.13 is amended by made under normally available lighting HFEC inspection required by this paragraph: removing amendment 39–10473 (63 FR conditions such as daylight, hangar lighting, Before further flight, repair it in accordance 19180, April 17, 1998), and by adding flashlight, or droplight and may require with a method approved by the Manager, Los a new airworthiness directive (AD), removal or opening of access panels or doors. Angeles ACO. Stands, ladders, or platforms may be required (3) If any crack is found during any LFEC amendment 39–12998, to read as to gain proximity to the area being checked.’’ follows: or X-ray inspection required by this paragraph and the crack is greater than 2 2002–26–10 Boeing: Amendment 39–12998. Follow-On Actions: Unmodified Doorjamb inches in length: Before further flight, repair Docket 2001–NM–78–AD. Supersedes (b) If the general visual inspection required it in accordance with a method approved by AD 98–08–24, Amendment 39–10473. by paragraph (a) of this AD reveals that the the Manager, Los Angeles ACO.

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Follow-On Actions: Doorjamb Modified per compliance with this AD, if any, may be SUMMARY: This amendment adopts a Other Than Structural Repair Manual/ obtained from the Los Angeles ACO. new airworthiness directive (AD), Drawing Special Flight Permits applicable to certain Boeing Model 747 (c) If the general visual inspection required series airplanes, that requires repetitive by paragraph (a) of this AD reveals that the (g) Special flight permits may be issued in inspections to detect evidence of wear corners of the forward lower cargo doorjamb accordance with §§ 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 damage in the area at the interface have been modified, but not in accordance between the vertical stabilizer and with the DC–9 SRM or Service Rework and 21.199) to operate the airplane to a Drawing: Before further flight, repair it in location where the requirements of this AD fuselage skin, and corrective actions, if accordance with a method approved by the can be accomplished. necessary. This amendment also Manager, Los Angeles ACO. Incorporation by Reference provides for an optional terminating action for the repetitive inspections. The Follow-On Actions: Doorjamb Modified per (h) Unless otherwise provided in this AD, SRM/Drawing the actions shall be done in accordance with actions specified by this AD are McDonnell Douglas Service Bulletin DC9– intended to detect and correct wear (d) If the general visual inspection required damage of the fuselage skin, which by paragraph (a) of this AD reveals that the 53–277, dated September 30, 1996; or corners of the forward lower cargo doorjamb McDonnell Douglas Service Bulletin DC9– could result in thinning and cracking of have been modified in accordance with the 53–277, Revision 01, dated June 16, 1999, the fuselage skin, and consequent in- DC–9 SRM or Service Rework Drawing: excluding Evaluation Form. flight depressurization of the airplane. Within 28,000 landings since (1) The incorporation by reference of This action is intended to address the accomplishment of that modification, or McDonnell Douglas Service Bulletin DC9– identified unsafe condition. within 3,500 landings after May 22, 1998, or 53–277, Revision 01, dated June 16, 1999, DATES: Effective February 10, 2003. before the accumulation of 48,000 total excluding Evaluation Form, is approved by landings, whichever occurs latest, perform an the Director of the Federal Register in The incorporation by reference of HFEC inspection to detect cracks on the skin accordance with 5 U.S.C. 552(a) and 1 CFR certain publications listed in the adjacent to the modification, in accordance part 51. regulations is approved by the Director with McDonnell Douglas Service Bulletin (2) The incorporation by reference of of the Federal Register as of February DC9–53–277, dated September 30, 1996; or McDonnell Douglas Service Bulletin DC9– 10, 2003. Revision 01, dated June 16, 1999, excluding 53–277, dated September 30, 1996, was ADDRESSES: Evaluation Form. After the effective date of approved previously by the Director of the The service information this AD, Revision 01 of the service bulletin Federal Register as of May 22, 1998 (63 FR referenced in this AD may be obtained must be used. Repeat the HFEC inspection 19180, April 17, 1998). from Boeing Commercial Airplane thereafter at intervals not to exceed 20,000 (3) Copies may be obtained from Boeing Group, P.O. Box 3707, Seattle, landings. Commercial Aircraft Group, Long Beach Washington 98124–2207. This Division, 3855 Lakewood Boulevard, Long (1) If no crack is detected during any HFEC information may be examined at the inspection required by this paragraph: Repeat Beach, California 90846, Attention: Data and Service Management, Dept. C1–L5A (D800– Federal Aviation Administration (FAA), the HFEC inspection thereafter at intervals Transport Airplane Directorate, Rules not to exceed 20,000 landings. 0024). Copies may be inspected at the FAA, (2) If any crack is detected during any Transport Airplane Directorate, 1601 Lind Docket, 1601 Lind Avenue, SW., HFEC inspection required by this paragraph: Avenue, SW., Renton, Washington; or at the Renton, Washington; or at the Office of Before further flight, repair it in accordance FAA, Los Angeles Aircraft Certification the Federal Register, 800 North Capitol with a method approved by the Manager, Los Office, 3960 Paramount Boulevard, Street, NW., suite 700, Washington, DC. Angeles ACO. Lakewood, California; or at the Office of the Federal Register, 800 North Capitol Street, FOR FURTHER INFORMATION CONTACT: Rick (e) Accomplishment of the actions required Kawaguchi, Aerospace Engineer, by this AD constitutes terminating action for NW., suite 700, Washington, DC. Airframe Branch, ANM–120S, FAA, inspections of PSE 53.09.001 (reference Effective Date McDonnell Douglas Model DC–9 SID) Seattle Aircraft Certification Office, (i) This amendment becomes effective on required by AD 96–13–03, amendment 39– 1601 Lind Avenue, SW., Renton, February 10, 2003. 9671. Washington 98055–4056; telephone Issued in Renton, Washington, on (425) 227–1153; fax (425) 227–1181. Alternative Methods of Compliance December 24, 2002. SUPPLEMENTARY INFORMATION: A (f)(1) An alternative method of compliance Vi L. Lipski, or adjustment of the compliance time that proposal to amend part 39 of the Federal Manager, Transport Airplane Directorate, provides an acceptable level of safety may be Aviation Regulations (14 CFR part 39) to Aircraft Certification Service. used if approved by the Manager, Los include an airworthiness directive (AD) Angeles ACO. Operators shall submit their [FR Doc. 03–29 Filed 1–3–03; 8:45 am] that is applicable to certain Boeing requests through an appropriate FAA BILLING CODE 4910–13–P Model 747 series airplanes was Principal Maintenance Inspector, who may published in the Federal Register on add comments and then send it to the May 30, 2002 (67 FR 37734). That action Manager, Los Angeles ACO. DEPARTMENT OF TRANSPORTATION proposed to require repetitive (2) Alternative methods of compliance approved in accordance with AD 98–08–24, Federal Aviation Administration inspections to detect evidence of wear amendment 39–10473; AD 94–03–01, damage in the area at the interface amendment 39–8807; or AD 96–13–03, 14 CFR Part 39 between the vertical stabilizer and amendment 39–9671; are acceptable for fuselage skin, and corrective actions, if compliance with the applicable requirements [Docket No. 2002–NM–85–AD; Amendment necessary. That action also proposed to of this AD. 39–13003; AD 2002–26–15] provide for an optional terminating (3) An alternative method of compliance RIN 2120–AA64 action for the repetitive inspections. that provides an acceptable level of safety may be used for any repair required by this Airworthiness Directives; Boeing Comments AD, if it is approved by a Boeing Company Designated Engineering Representative (DER) Model 747 Series Airplanes Interested persons have been afforded who has been authorized by the Manager, Los AGENCY: Federal Aviation an opportunity to participate in the Angeles ACO, to make such findings. Administration, DOT. making of this amendment. Due consideration has been given to the Note 5: Information concerning the ACTION: Final rule. existence of approved alternative methods of comments received.

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Request To Change Cost Impact Request Credit for Previous Inspections specified previously under ‘‘Request to and Terminating Action Change Cost Impact,’’ so no change to One commenter states that the work the final rule is necessary in this regard. hours cited in the cost impact section of One commenter asks that credit be given for the inspections and However, under the provisions of the proposed AD are significantly paragraph (d) of the final rule, we may understated. The commenter notes that terminating action required by the proposed AD, if done before the approve requests for alternate the hours for access and restoration effective date of the proposed AD per inspections if data are submitted to have been omitted from the cost figures, Boeing Service Bulletin 747–53–2192, substantiate that the inspections are so the true cost impact is not specified. equivalent and that repairs and any dated July 21, 1981. The commenter existing wear meet the allowable The commenter states that access and states that the service bulletin damage limits specified in the restoration tasks do not routinely occur referenced in the proposed AD includes referenced service bulletin. during scheduled maintenance visits in a provision that specifies such credit. this instance. The commenter adds that We agree that credit can be given Request To Change Paragraphs (a)(2) 18 hours are necessary to gain access, under certain explicit conditions. and (b) perform the inspection and terminating Service Bulletin 747–53–2192 specifies action, and restore the airplane. The One commenter states that paragraph that, for airplanes having line numbers (b) of the proposed AD allows commenter asks that the cost impact 0001 through 0414 inclusive, there is an refinishing of the fuselage skin with section be changed to 18 hours for these option of using enamel coating or BMS BMS 10–86 Teflon-filled coating as actions. 10–86 Teflon-filled coating. If operators terminating action for the proposed The FAA agrees that access to the area can confirm that BMS 10–86 Teflon- inspections. The commenter notes that under the vertical seal is not a task filled coating was used, and the new there are other Teflon-filled coatings normally accomplished during routine allowable damage limits specified in that are equivalent or better than BMS maintenance, and the work hours Boeing Alert Service Bulletin 747– 10–86, and operators may already be required for access and closeup should 53A2478 (referenced in the proposed using these ‘‘equivalent’’ coatings in be added. We have changed the work AD as the appropriate source of service their paint specifications. The hours for the inspection specified in the information for accomplishment of the commenter asks that, if the proposed cost impact section to 12 work hours; actions specified) are met, then no more AD is deemed necessary, paragraphs the optional terminating action will work is necessary. A new paragraph (c) (a)(2) and (b) be changed to allow the has been added to this final rule to remain at 6 work hours, as it can be use of other Teflon-filled coatings with provide credit if the conditions are met. done immediately following the equivalent abrasion resistant properties. inspection, before closeup. Request Credit for Inspections Done per We do not agree with the commenter’s Certain Maintenance Procedures request, as no supporting data were Request To Change Limits for provided to us to substantiate the Allowable Wear Damage One commenter states that the Boeing request. However, under the provisions Model 747 Maintenance Planning of paragraph (d) of the final rule, we One commenter states that the Document (MPD) recommends may approve requests for the use of definition for the limits for allowable inspections of the affected areas of the other Teflon-filled coatings if data are skin damage as specified in the fuselage skin at no greater than ‘‘D’’ submitted to substantiate that such structural repair manual (SRM) was check intervals. The commenter adds coatings would provide an acceptable recently revised, and the damage limits that the Corrosion Prevention and level of safety. have been reduced. The commenter Control Program (CPCP) recommends adds that Section 3 of the referenced inspections of the exterior surface of the Request To Reconsider Terminating service bulletin specifies these new fuselage skin for corrosion and other Action allowable damage limits in the discrepancies at 5-year intervals. Based One commenter states that paragraphs Accomplishment Instructions. The on these requirements, the commenter (a)(2) and (b) of the proposed AD allow commenter asks that the proposed AD does the inspections required by the the one-time application of Teflon-filled be changed to refer to the service proposed AD earlier than the 6,000- paint coating as terminating action for bulletin or list the revision date of the flight-cycle compliance time specified the repetitive inspections required by appropriate SRM to assure operators use for the repetitive inspections. The paragraph (a)(1) of the proposed AD. the new limits for allowable damage. commenter also adds that, since the The commenter states that the proposed existing inspection programs already AD seems to indicate that the external We do not agree with the commenter. require inspections more frequently, paint will never again be removed and Operators should use the new allowable there is no additional safety to be gained replaced, but is reapplied on an damage limits cited in the service from promulgation of the proposed AD. irregular basis. The commenter adds bulletin or they may not be evaluating The commenter asks that credit be given that, if this problem is as serious as existing blendouts against the proper for the repetitive inspections required alleged, a one-time application of a limits. However, we have determined by paragraph (a)(1) of the proposed AD Teflon-filled paint coating to the that evaluation of existing blendouts if done as part of these maintenance exterior of the airplane would not against the old damage limits will not programs. provide a realistic terminating action. compromise an acceptable level of Based on operator reports of wear The paint will have to be reapplied safety. Regarding new repairs, paragraph damage of the fuselage skin at the whenever the external paint is stripped (a)(2) of the proposed AD requires that interface area of the vertical stabilizer and refinished. operators repair and refinish the skin seal and fuselage skin, we do not agree We do not agree with the commenter. per the service bulletin. In order to with the commenter that existing If the external paint is stripped, comply with this requirement, operators maintenance programs are providing refinishing the skin with BMS 10–86 must use the allowable limits specified acceptable levels of safety. Additionally, Teflon-filled coating is required to in the service bulletin. No change to the this area is not accessed by all operators remain in compliance with paragraph final rule is necessary in this regard. during scheduled maintenance visits, as (a)(2) of this AD. Therefore, no change

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to the final rule is necessary in this ‘‘significant regulatory action’’ under Inspections for Damage/Corrective Actions regard. Executive Order 12866; (2) is not a (a) Prior to the accumulation of 15,000 total ‘‘significant rule’’ under DOT Conclusion flight cycles, or within 1,200 flight cycles Regulatory Policies and Procedures (44 after the effective date of this AD, whichever After careful review of the available FR 11034, February 26, 1979); and (3) occurs later: Perform a detailed inspection to data, including the comments noted will not have a significant economic detect evidence of wear damage of the above, the FAA has determined that air impact, positive or negative, on a fuselage skin at the interface area of the safety and the public interest require the substantial number of small entities vertical stabilizer seal and fuselage skin, per adoption of the rule with the changes under the criteria of the Regulatory Boeing Alert Service Bulletin 747–53A2478, previously described. The FAA has Flexibility Act. A final evaluation has dated February 7, 2002. determined that these changes will been prepared for this action and it is (1) If no wear damage of the fuselage skin is detected or any existing blendout is within neither increase the economic burden contained in the Rules Docket. A copy on any operator nor increase the scope the structural repair manual (SRM) allowable of it may be obtained from the Rules damage limits: Repeat the detailed inspection of the AD. Docket at the location provided under at intervals not to exceed 6,000 flight cycles. Cost Impact the caption ADDRESSES. (2) If any wear damage of the fuselage skin List of Subjects in 14 CFR Part 39 is detected or any existing blendout exceeds There are approximately 1,104 Boeing the allowable damage limits specified in the Model 747 series airplanes of the Air transportation, Aircraft, Aviation SRM: Before further flight, repair the vertical affected design in the worldwide fleet. safety, Incorporation by reference, stabilizer seal interface and refinish the skin The FAA estimates that 253 airplanes of Safety. with BMS 10–86 Teflon-filled coating, per U.S. registry will be affected by this AD, the alert service bulletin. Accomplishment of that it will take approximately 12 work Adoption of the Amendment the repair and refinishing is terminating hours per airplane (including time Accordingly, pursuant to the action for the repetitive inspections required required to gain access and to close up) authority delegated to me by the by paragraph (a)(1) of this AD. to accomplish the required inspection, Administrator, the Federal Aviation Note 2: For the purposes of this AD, a and that the average labor rate is $60 per Administration amends part 39 of the detailed inspection is defined as: ‘‘An work hour. Based on these figures, the Federal Aviation Regulations (14 CFR intensive visual examination of a specific cost impact of the AD on U.S. operators part 39) as follows: structural area, system, installation, or is estimated to be $182,160, or $720 per assembly to detect damage, failure, or airplane, per inspection cycle. PART 39—AIRWORTHINESS irregularity. Available lighting is normally The cost impact figure discussed DIRECTIVES supplemented with a direct source of good above is based on assumptions that no lighting at intensity deemed appropriate by 1. The authority citation for part 39 operator has yet accomplished any of the inspector. Inspection aids such as mirror, continues to read as follows: magnifying lenses, etc., may be used. Surface the requirements of this AD action, and Authority: 49 U.S.C. 106(g), 40113, 44701. cleaning and elaborate access procedures that no operator would accomplish may be required.’’ those actions in the future if this AD § 39.13 [Amended] were not adopted. The cost impact Optional Terminating Action 2. Section 39.13 is amended by figures discussed in AD rulemaking adding the following new airworthiness (b) Refinishing the fuselage skin with BMS actions represent only the time directive: 10–86 Teflon-filled coating, per Boeing Alert necessary to perform the specific actions Service Bulletin 747–53A2478, dated actually required by the AD. These 2002–26–15 Boeing: Amendment 39–13003. February 7, 2002, terminates the repetitive figures typically do not include Docket 2002–NM–85–AD. inspections required by paragraph (a)(1) of incidental costs, such as the time Applicability: Model 747 series airplanes, this AD. required to gain access and close up, as listed in Boeing Alert Service Bulletin 747–53A2478, dated February 7, 2002; Previously Accomplished Inspections and planning time, or time necessitated by certificated in any category. Terminating Action other administrative actions. Note 1: This AD applies to each airplane (c) Inspections and terminating action done Should an operator elect to identified in the preceding applicability before the effective date of this AD per accomplish the proposed optional provision, regardless of whether it has been Boeing Service Bulletin 747–53–2192, dated terminating action per paragraph (b) of modified, altered, or repaired in the area July 21, 1981, are acceptable for compliance this AD, it would take approximately 6 subject to the requirements of this AD. For with the corresponding actions required by work hours per airplane to accomplish, airplanes that have been modified, altered, or this AD, provided BMS 10–86 Teflon-filled at an average labor rate of $60 per work repaired so that the performance of the coating was used, and the new allowable hour. Based on these figures, the cost requirements of this AD is affected, the damage limits specified in Boeing Alert impact of the optional termination owner/operator must request approval for an Service Bulletin 747–53A2478, dated alternative method of compliance in February 7, 2002, are met. action would be $360 per airplane. accordance with paragraph (d) of this AD. Regulatory Impact The request should include an assessment of Alternative Methods of Compliance the effect of the modification, alteration, or (d) An alternative method of compliance or The regulations adopted herein will repair on the unsafe condition addressed by adjustment of the compliance time that not have a substantial direct effect on this AD; and, if the unsafe condition has not provides an acceptable level of safety may be the States, on the relationship between been eliminated, the request should include specific proposed actions to address it. used if approved by the Manager, Seattle the national Government and the States, Aircraft Certification Office (ACO), FAA. Compliance: Required as indicated, unless or on the distribution of power and Operators shall submit their requests through accomplished previously. responsibilities among the various an appropriate FAA Principal Maintenance levels of government. Therefore, it is To detect and correct wear damage of the fuselage skin in the area at the interface Inspector, who may add comments and then determined that this final rule does not between the vertical stabilizer and fuselage send it to the Manager, Seattle ACO. have federalism implications under skin, which could result in thinning and Note 3: Information concerning the Executive Order 13132. cracking of the fuselage skin, and consequent existence of approved alternative methods of For the reasons discussed above, I in-flight depressurization of the airplane, compliance with this AD, if any, may be certify that this action (1) is not a accomplish the following: obtained from the Seattle ACO.

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Special Flight Permits action is intended to address the actions during a heavy maintenance (e) Special flight permits may be issued in identified unsafe condition. visit. The commenters also state that, accordance with §§ 21.197 and 21.199 of the DATES: Effective February 10, 2003. based on preliminary inspections, a Federal Aviation Regulations (14 CFR 21.197 The incorporation by reference of significant portion of the airplane fleet and 21.199) to operate the airplane to a certain publications listed in the may be without the subject intercostal. location where the requirements of this AD regulations is approved by the Director To ensure that an acceptable level of can be accomplished. of the Federal Register as of February safety is maintained if the compliance Incorporation by Reference 10, 2003. time is extended to 60 months, the (f) Unless otherwise specified in this AD, ADDRESSES: The service information commenters recommend the actions shall be done in accordance with referenced in this AD may be obtained accomplishment of repetitive Boeing Alert Service Bulletin 747–53A2478, from Boeing Commercial Airplane inspections for cracking every 18 dated February 7, 2002. This incorporation Group, P.O. Box 3707, Seattle, months. by reference was approved by the Director of Washington 98124–2207. This The FAA concurs that extending the the Federal Register in accordance with 5 information may be examined at the compliance time for the installation of U.S.C. 552(a) and 1 CFR part 51. Copies may the intercostal(s) is an acceptable be obtained from Boeing Commercial Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules alternative to requiring installation of Airplane Group, P.O. Box 3707, Seattle, the intercostal(s) within 24 months after Docket, 1601 Lind Avenue, SW., Washington 98124–2207. Copies may be the effective date of this AD, provided inspected at the FAA, Transport Airplane Renton, Washington; or at the Office of that repetitive inspections for cracking Directorate, 1601 Lind Avenue, SW., Renton, the Federal Register, 800 North Capitol are performed until the intercostal is Washington; or at the Office of the Federal Street, NW., suite 700, Washington, DC. Register, 800 North Capitol Street, NW., suite installed. Therefore, we have revised FOR FURTHER INFORMATION CONTACT: 700, Washington, DC. paragraph (b) in this final rule to add David Crotty, Aerospace Engineer, subparagraphs (b)(1) and (b)(2), which Effective Date Airframe Branch, ANM–120S, FAA, specify the compliance alternatives. (g) This amendment becomes effective on Seattle Aircraft Certification Office, February 10, 2003. 1601 Lind Avenue, SW., Renton, Reduce Compliance Time for One-Time Inspection Issued in Renton, Washington, on Washington 98055–4056; telephone December 24, 2002. (425) 227–1675; fax (425) 227–1181. The same commenters who request Charles D. Huber, SUPPLEMENTARY INFORMATION: A extension of the compliance time for Acting Manager, Transport Airplane proposal to amend part 39 of the Federal installing the intercostal also request Directorate, Aircraft Certification Service. Aviation Regulations (14 CFR part 39) to that we reduce the compliance time [FR Doc. 03–26 Filed 1–3–03; 8:45 am] include an airworthiness directive (AD) from 24 months to 12 months for the BILLING CODE 4910–13–U that is applicable to certain Boeing one-time inspection to determine if the Model 757–200 series airplanes with subject intercostal is installed. One of stowage bins installed forward of door the commenters explains that reducing DEPARTMENT OF TRANSPORTATION 2 at Station 680 was published in the the compliance time in this way would Federal Register on May 15, 2002 (67 ensure that any structural damage is Federal Aviation Administration FR 34639). That action proposed to found and fixed in a timely manner. require a one-time inspection to We do not concur with the request to 14 CFR Part 39 determine if a certain intercostal is reduce the compliance time for the one- installed for support of the overhead time inspection. In developing an [Docket No. 2000–NM–402–AD; Amendment stowage bin(s) at Station 680, and appropriate compliance time for this 39–12997; AD 2002–26–09] follow-on actions, if necessary. AD, we considered not only the manufacturer’s recommendation, but RIN 2120–AA64 Comments the degree of urgency associated with Airworthiness Directives; Boeing Interested persons have been afforded addressing the subject unsafe condition, Model 757–200 Series Airplanes an opportunity to participate in the and the time necessary to perform the making of this amendment. Due inspection. In light of all of these AGENCY: Federal Aviation consideration has been given to the factors, we find a 24-month compliance Administration, DOT. comments received. One commenter time for completing the required ACTION: Final rule. states that it offers no comments inspection to be warranted, in that it because it does not operate any affected represents an appropriate interval of SUMMARY: This amendment adopts a airplanes. time allowable for affected airplanes to new airworthiness directive (AD), continue to operate without Extend Compliance Time for applicable to certain Boeing Model 757– compromising safety. No change is Installation of Intercostal(s) 200 series airplanes with stowage bins necessary in this regard. installed forward of door 2 at Station Several commenters request that the 680. This AD requires a one-time FAA extend the compliance time for Request To Allow Stop-Drilling of inspection to determine if a certain installation of the intercostal(s), if Cracks intercostal is installed for support of the necessary, from 24 months to 60 months Two commenters request that we overhead stowage bin(s) at Station 680, after the effective date of the AD. The revise paragraph (c) of the proposed AD and follow-on actions, if necessary. This commenters point out that the time to allow stop-drilling of any crack that action is necessary to prevent failure of required to gain access for installing the is found, instead of requiring repair the stowage bin attachment fitting at intercostal(s) is significant (the before further flight. The commenters Station 680, which could result in the commenters estimate 65 work hours is state that, following stop-drilling of the overhead stowage bin falling onto the needed to gain access, install, and close crack, the affected overhead stowage bin passenger seats below and injuring up), and the proposed 24-month could be blocked out until an interim passengers or impeding the evacuation compliance time would not allow most repair is installed within 90 days. The of passengers in an emergency. This operators to accomplish the proposed commenters state no justification for

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this request, but one commenter notes design in the worldwide fleet. We List of Subjects in 14 CFR Part 39 that the stowage bins at Station 680 on estimate that 219 airplanes of U.S. Air transportation, Aircraft, Aviation its airplanes are above a galley, so no registry will be affected by this AD. safety, Incorporation by reference, passenger sits under the subject stowage The required inspection will take up Safety. bins. to 2 work hours per airplane (1 work We do not concur with the Adoption of the Amendment commenters’ request. The commenters hour per side of the airplane), at the provide no data to substantiate that their average labor rate of $60 per work hour. Accordingly, pursuant to the request would provide an acceptable Based on these figures, the cost impact authority delegated to me by the level of safety. However, an affected of the inspection required by this AD on Administrator, the Federal Aviation operator may request approval of an U.S. operators is estimated to be up to Administration amends part 39 of the alternative method of compliance as $26,280, or $120 per airplane. Federal Aviation Regulation (14 CFR part 39) as follows: provided by paragraph (d) of this AD. Should an operator be required to do We may consider approving such an the installation, it will take up to 2 work PART 39—AIRWORTHINESS alternative method of compliance if data hours per airplane (1 work hour per side DIRECTIVES are submitted to support that an of the airplane), at the average labor rate alternative repair method would of $60 per work hour. Required parts 1. The authority citation for part 39 provide an acceptable level of safety. No will cost approximately $1,310 per continues to read as follows: change is necessary in this regard. airplane. Based on these figures, the cost Authority: 49 U.S.C. 106(g), 40113, 44701. Request To Issue Supplemental NPRM impact of this installation is estimated to be $1,430 per airplane. § 39.13 [Amended] The commenters who request 2. Section 39.13 is amended by extension of the compliance time for The cost impact figures discussed above are based on assumptions that no adding the following new airworthiness installation of the intercostal, reduction directive: of the compliance time for the initial operator has yet accomplished any of inspection, and inclusion of a provision the requirements of this AD action, and 2002–26–09 Boeing: Amendment 39–12997. for stop-drilling cracks, recommend that that no operator would accomplish Docket 2000–NM–402–AD. we issue a supplemental NPRM, those actions in the future if this AD Applicability: Model 757–200 series supported by a revised service bulletin. were not adopted. The cost impact airplanes, certificated in any category, as We do not concur with the listed in Boeing Service Bulletin 757–25– figures discussed in AD rulemaking 0194, dated February 11, 1999, and having commenters’ request. Under the actions represent only the time stowage bins installed forward of door 2 at provisions of the Administrative necessary to perform the specific actions Station 680. Procedure Act, we issue a supplemental actually required by the AD. These Note 1: This AD applies to each airplane NPRM and reopen the period for public figures typically do not include identified in the preceding applicability comment when we determine that a incidental costs, such as the time provision, regardless of whether it has been change to a proposed AD will either required to gain access and close up, modified, altered, or repaired in the area increase the economic burden on an planning time, or time necessitated by subject to the requirements of this AD. For operator or increase the scope of the other administrative actions. airplanes that have been modified, altered, or proposed AD. The change that we are repaired so that the performance of the making to this AD—extension of the Regulatory Impact requirements of this AD is affected, the compliance time for installing the owner/operator must request approval for an The regulations adopted herein will alternative method of compliance in intercostal—does not increase the accordance with paragraph (d) of this AD. economic burden on any operator nor not have a substantial direct effect on the States, on the relationship between The request should include an assessment of does it expand the scope of the the effect of the modification, alteration, or proposed AD. Also, the airplane the national Government and the States, repair on the unsafe condition addressed by manufacturer has not issued a revised or on the distribution of power and this AD; and, if the unsafe condition has not service bulletin. For these reasons, as responsibilities among the various been eliminated, the request should include well as the potentially adverse effect on levels of government. Therefore, it is specific proposed actions to address it. safety that delaying issuance of this determined that this final rule does not Compliance: Required as indicated, unless final rule may cause, we find it have federalism implications under accomplished previously. unnecessary to issue a supplemental Executive Order 13132. To prevent failure of the stowage bin NPRM. Thus, no change has been made attachment fitting at Station 680, which For the reasons described above, I could result in the overhead stowage bin in this regard. certify that this action (1) is not a falling onto the passenger seats below and Conclusion ‘‘significant regulatory action’’ under injuring passengers or impeding the Executive Order 12866; (2) is not a evacuation of passengers in an emergency, After careful review of the available ‘‘significant rule’’ under DOT accomplish the following: data, including the comments noted above, we have determined that air Regulatory Policies and Procedures (44 One-Time Inspection safety and the public interest require the FR 11034, February 26, 1979); and (3) (a) Within 24 months after the effective adoption of the rule with the change will not have a significant economic date of this AD, do a one-time general visual previously described. We have impact, positive or negative, on a inspection to determine if an intercostal is determined that this change will neither substantial number of small entities installed between stringers 8 and 9 for under the criteria of the Regulatory support of the overhead stowage bin at increase the economic burden on any Station 680, on the left and right sides of the operator nor increase the scope of the Flexibility Act. A final evaluation has been prepared for this action and it is airplane, as applicable, according to Boeing AD. Service Bulletin 757–25–0194, dated contained in the Rules Docket. A copy Cost Impact February 11, 1999. If an intercostal is of it may be obtained from the Rules installed on each side that has an overhead There are approximately 403 Model Docket at the location provided under stowage bin at Station 680, no further action 757–200 series airplanes of the affected the caption ADDRESSES. is necessary.

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Note 2: For the purpose of this AD, a compliance with this AD, if any, may be ignition source and consequent fire and general visual inspection is defined as: ‘‘A obtained from the Seattle ACO. explosion in the fuel tank. This action visual examination of an interior or exterior Special Flight Permits is intended to address the identified area, installation, or assembly to detect unsafe condition. obvious damage, failure, or irregularity. This (e) Special flight permits may be issued in level of inspection is made under normally accordance with §§ 21.197 and 21.199 of the DATES: Effective February 10, 2003. available lighting conditions such as Federal Aviation Regulations (14 CFR 21.197 The incorporation by reference of daylight, hangar lighting, flashlight, or drop- and 21.199) to operate the airplane to a certain publications listed in the light, and may require removal or opening of location where the requirements of this AD regulations is approved by the Director access panels or doors. Stands, ladders, or can be accomplished. of the Federal Register as of February platforms may be required to gain proximity 10, 2003. to the area being checked.’’ Incorporation by Reference ADDRESSES: The service information (f) Unless otherwise specified in this AD, Follow-On Actions the actions shall be done in accordance with referenced in this AD may be obtained (b) For each side of the airplane that has Boeing Service Bulletin 757–25–1094, dated from Boeing Commercial Airplane an overhead stowage bin at Station 680 but February 11, 1999, excluding Evaluation Group, P.O. Box 3707, Seattle, no intercostal installed: Before further flight Form. This incorporation by reference was Washington 98124–2207. This after the inspection required by paragraph (a) approved by the Director of the Federal information may be examined at the of this AD, do a detailed inspection for Register in accordance with 5 U.S.C. 552(a) Federal Aviation Administration (FAA), cracking or damage of stringer 8 and the tie and 1 CFR part 51. Copies may be obtained Transport Airplane Directorate, Rules rod mounting assembly according to Boeing form Boeing Commercial Airplane Group, Docket, 1601 Lind Avenue, SW., Service Bulletin 757–25–0194, dated P.O. Box 3707, Seattle, Washington 98124– Renton, Washington; or at the Office of February 11, 1999. Then, do either paragraph 2207. Copies may be inspected at the FAA, (b)(1) or (b)(2) of this AD. Transport Airplane Directorate, 1601 Lind the Federal Register, 800 North Capitol Note 3: For the purpose of this AD, a Avenue, SW., Renton, Washington; or at the Street, NW., suite 700, Washington, DC. detailed inspection is defined as: ‘‘An Office of the Federal Register, 800 North FOR FURTHER INFORMATION CONTACT: intensive visual examination of a specific Capital Street, NW., suite 700, Washington, Doug Pegors, Aerospace Engineer, structural area, system, installation, or DC. Propulsion Branch, ANM–140S, FAA, assembly to detect damage, failure, or Effective Date Seattle Aircraft Certification Office, irregularity. Available lighting is normally 1601 Lind Avenue, SW., Renton, supplemented with a direct source of good (g) This amendment becomes effective on lighting at intensity deemed appropriate by February 10, 2003. Washington 98055–4056; telephone (425) 227–1446; fax (425) 227–1181. the inspector. Inspection aids such as mirror, Issued in Renton, Washington, on magnifying lenses, etc., may be used. Surface December 24, 2002. SUPPLEMENTARY INFORMATION: A cleaning and elaborate access procedures proposal to amend part 39 of the Federal Vi L. Lipski, may be required.’’ Aviation Regulations (14 CFR part 39) to (1) Repeat the detailed inspection for Manager, Transport Airplane Directorate, include an airworthiness directive (AD) Aircraft Certification Service. cracking or damage of stringer 8 and the tie that is applicable to certain Boeing rod mounting assembly every 18 months, and [FR Doc. 03–20 Filed 1–3–03; 8:45 am] Model 737–600, –700, –700C, –800, and within 60 months after the effective date of BILLING CODE 4910–13–M –900 series airplanes was published in this AD, do paragraph (b)(2) of this AD. (2) Before further flight, install a new the Federal Register on August 20, 2002 intercostal between stringers 8 and 9, DEPARTMENT OF TRANSPORTATION (67 FR 53893). That action proposed to according to the service bulletin. This require replacement of the existing installation terminates the repetitive Federal Aviation Administration fueling float switch and conduit inspections specified in paragraph (b)(1) of assemblies in the main and center fuel this AD. 14 CFR Part 39 tanks with new, improved assemblies. Repair of Cracking or Damage [Docket No. 2002–NM–44–AD; Amendment Comments (c) If any cracking or damage is found 39–13006; AD 2002–26–18] during any detailed inspection required by Interested persons have been afforded an opportunity to participate in the paragraph (b) of this AD: Before further flight, RIN 2120–AA64 and before installation of the intercostal, making of this amendment. Due repair per a method approved by the Airworthiness Directives; Boeing consideration has been given to the Manager, Seattle Aircraft Certification Office Model 737–600, –700, –700C, –800, and comments received. (ACO), FAA; or per data meeting the type –900 Series Airplanes certification basis of the airplane approved Request To Add Revised Service by a Boeing Company Designated AGENCY: Federal Aviation Information Engineering Representative who has been Administration, DOT. One commenter, the manufacturer, authorized by the Manager, Seattle ACO, to asks that Boeing Alert Service Bulletin make such findings. For a repair method to ACTION: Final rule. be approved, the approval must specifically 737–28A1142, Revision 2, dated reference this AD. SUMMARY: This amendment adopts a November 26, 2002, be added to the new airworthiness directive (AD), proposed AD as another source of Alternative Methods of Compliance applicable to certain Boeing Model 737– service information for accomplishment (d) An alternative method of compliance or 600, –700, –700C, –800, and –900 series of the specified actions. Boeing Alert adjustment of the compliance time that airplanes, that requires replacement of Service Bulletin 737–28A1142, dated provides an acceptable level of safety may be the existing fueling float switch and February 7, 2002, was referenced in the used if approved by the Manager, Seattle conduit assemblies in the main and ACO. Operators shall submit their requests proposed AD as the appropriate source through an appropriate FAA Principal center fuel tanks with new, improved of service information for Maintenance Inspector, who may add assemblies. The actions specified by this accomplishment of the actions. comments and then send it to the Manager, AD are intended to prevent fluid The FAA agrees with the commenter. Seattle ACO. contamination inside the fueling float We have reviewed and approved Boeing Note 4: Information concerning the switch or chafing of the wiring to the in- Alert Service Bulletin 737–28A1142, existence of approved alternative methods of tank conduit, which could generate an Revision 2, dated November 26, 2002.

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We find that the changes incorporated from operator to operator, they are incidental costs, such as the time in Revision 2 of the service bulletin are almost impossible to calculate. required to gain access and close up, not substantive, meaning that airplanes Therefore, no change is made to the planning time, or time necessitated by modified per the original issue of the final rule in this regard. other administrative actions. service bulletin are not subject to any Explanation of Change to Final Rule Regulatory Impact additional work under Revision 2 of the service bulletin. Therefore, we have We have changed the compliance The regulations adopted herein will revised paragraph (a) of this final rule to time terminology specified in not have a substantial direct effect on refer to Revision 2 of the service bulletin paragraphs (a)(1), (a)(2), and (a)(3) of the the States, on the relationship between as the appropriate source of service proposed AD from flight cycles to flight the national Government and the States, information for the actions in that hours in the final rule. We inadvertently or on the distribution of power and paragraph. In addition, we have added used the term ‘‘flight cycles,’’ in the responsibilities among the various a new paragraph (b) to this final rule proposed AD; however, the referenced levels of government. Therefore, it is (and reordered subsequent paragraphs service bulletin specifies ‘‘flight hours,’’ determined that this final rule does not accordingly) to give credit for and the proposed AD also should have have federalism implications under replacements accomplished before the specified ‘‘flight hours.’’ Executive Order 13132. effective date of this AD according to Conclusion For the reasons discussed above, I the original issue of the service bulletin. After careful review of the available certify that this action (1) is not a Request To Change Number of data, we have determined that air safety ‘‘significant regulatory action’’ under Airplanes Affected and the public interest require the Executive Order 12866; (2) is not a The same commenter asks that the adoption of the rule with the changes ‘‘significant rule’’ under DOT number of affected airplanes that is previously described. We have Regulatory Policies and Procedures (44 specified in the Cost Impact section of determined that these changes will FR 11034, February 26, 1979); and (3) the proposed AD be changed. The neither increase the economic burden will not have a significant economic commenter provided supporting data on any operator nor increase the scope impact, positive or negative, on a which confirms that the number of of the AD. substantial number of small entities airplanes in the worldwide fleet is 927, under the criteria of the Regulatory Cost Impact and the number of U.S.-registered Flexibility Act. A final evaluation has airplanes is 421. There are approximately 927 been prepared for this action and it is We agree with the commenter, as we airplanes of the affected design in the contained in the Rules Docket. A copy inadvertently specified the incorrect worldwide fleet. The FAA estimates that of it may be obtained from the Rules numbers of affected airplanes in the 421 airplane of U.S. registry will be Docket at the location provided under proposed AD. We have changed the Cost affected by this AD. the caption ADDRESSES. Impact section in this final rule to It will take approximately 56 work List of Subjects in 14 CFR Part 39 reflect the correct numbers of airplanes. hours per airplane to accomplish the replacement in the two main fuel tanks, Air transportation, Aircraft, Aviation Request To Change Work Hours as specified in Work Page I, at an safety, Incorporation by reference, One commenter states that the man average labor rate of $60 per work hour. Safety. hours specified in the Cost Impact Based on these figures, the cost impact section of the proposed AD are of the work hours for this required Adoption of the Amendment conservative, and notes that the actual replacement on U.S. operators is Accordingly, pursuant to the man hours will be higher and will estimated to be $1,414,560, or $3,360 authority delegated to me by the increase the out-of-service time for its per airplane. Administrator, the Federal Aviation airplanes. It will take approximately 23 work Administration amends part 39 of the Although the commenter does not hours per airplane to accomplish the Federal Aviation Regulations (14 CFR request a change, we infer that the replacement in the center fuel tank, as part 39) as follows: commenter would like the number of specified in Work Package II, at an work hours specified in the Cost Impact average labor rate of $60 per work hour. PART 39—AIRWORTHINESS section to be increased. Based on these figures, the cost impact DIRECTIVES We do not agree to change the work of the work hours per this required hours for the replacements. The number replacement on U.S. operators is 1. The authority citation for part 39 of work hours necessary to accomplish estimated to be $580,980, or $1,380 per continues to read as follows: the replacements, as specified in the airplane. Authority: 49 U.S.C. 106(g), 40113, 44701. Cost Impact section, is consistent with The kit required to accomplish the the service bulletin. The number replacement in all three fuel tanks will § 39.13 [Amended] represents the time necessary to perform cost approximately $5,116 per airplane. only the replacements actually required The cost impact figures discussed 2. Section 39.13 is amended by by this AD. We recognize that, in above are based on assumptions that no adding the following new airworthiness accomplishing the requirements of any operator has yet accomplished any of directive: AD, operators may incur ‘‘incidental’’ the requirements of this AD action, and 2002–26–18 Boeing: Amendment 39–13006. costs in addition to the ‘‘direct’’ costs. that no operator would accomplish Docket 2002–NM–44–AD. The cost analysis in AD rulemaking those actions in the future if this AD Applicability: Model 737–600, -700, -700C, actions, however, typically does not were not adopted. The cost impact -800, and -900 series airplanes; certificated in include incidental costs, such as the figures discussed in AD rulemaking any category; as listed in Boeing Alert time required to gain access and close actions represent only the time Service Bulletin 737–28A1142, Revision 2, up, planning time, or time necessitated necessary to perform the specific actions dated November 26, 2002. by other administrative actions. Because actually required by the AD. These Note 1: This AD applies to each airplane incidental costs may vary significantly figures typically do not include identified in the preceding applicability

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provision, regardless of whether it has been Special Flight Permits deployment of the thrust reversers modified, altered, or repaired in the area (d) Special flight permits may be issued in during flight and consequent reduced subject to the requirements of this AD. For accordance with sections 21.197 and 21.199 controllability of the airplane. This AD airplanes that have been modified, altered, or of the Federal Aviation Regulations (14 CFR is intended to address the identified repaired so that the performance of the 21.197 and 21.199) to operate the airplane to unsafe condition. requirements of this AD is affected, the a location where the requests of this AD can DATES: Effective February 10, 2003. owner/operator must request approval for an be accomplished. alternative method of compliance in The incorporation by reference of accordance with paragraph (c) of this AD. Incorporation by Reference certain publications listed in the The request should include an assessment of (e) Unless otherwise specified in this AD, regulations is approved by the Director the effect of the modification, alteration, or the replacement shall be done in accordance of the Federal Register as of February repair on the unsafe condition addressed by with Boeing Alert Service Bulletin 737– 10, 2003. this AD; and, if the unsafe condition has not 28A1142, Revision 2, dated November 26, ADDRESSES: The service information been eliminated, the request should include 2002. This incorporation by reference was referenced in this AD may be obtained specific proposed actions to address it. approved by the Director of the Federal from Fokker Services B.V., P.O. Box Register in accordance with 5 U.S.C. 552(a) Compliance: Required as indicated, unless 231, 2150 AE Nieuw-Vennep, the accomplished previously. and 1 CFR part 51. Copies may be obtained To prevent fluid contamination inside the from Boeing Commercial Airplane Group, Netherlands. This information may be fueling float switch or changing of the wiring P.O. Box 3707, Seattle, Washington 98124– examined at the Federal Aviation to the in-tank conduit, which could generate 2207. Copies may be inspected at the FAA, Administration (FAA), Transport an ignition source and consequent fire and Transport Airplane Directorate, 1601 Lind Airplane Directorate, Rules Docket, explosion in the fuel tank, accomplish the Avenue, SW., Renton, Washington; or at the 1601 Lind Avenue, SW., Renton, following: Office of the Federal Register, 800 North Washington; or at the Office of the Capitol Street, NW., suite 700, Washington, Replacement Federal Register, 800 North Capitol DC. Street, NW., suite 700, Washington, DC. (a) Replace the existing fueling float switch and conduit assemblies in the main and Effective Date FOR FURTHER INFORMATION CONTACT: Tom center fuel tanks with new, improved (f) This amendment becomes effective on Rodriguez, Aerospace Engineer, assemblies (includes a new float switch and February 10, 2003. International Branch, ANM–116, FAA, a new conduit assembly with a liner system Issued in Renton, Washington, on Transport Airplane Directorate, 1601 inside the conduit), at the applicable time December 26, 2002. Lind Avenue, SW., Renton, Washington specified in paragraph (a)(1), (a)(2), or (a)(3) Charles D. Huber, 98055–4056; telephone (425) 227–1137; of this AD, per Work Packages I and II of the fax (425) 227–1149. Accomplishment Instructions of Boeing Alert Acting Manager, Transport Airplane Service Bulletin 737–28A1142, Revision 2, Directorate, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: A dated November 26, 2002. [FR Doc. 03–17 Filed 1–3–03; 8:45 am] proposal to amend part 39 of the Federal Note 2: Due to the lack of sleeving on the BILLING CODE 4910–13–P Aviation Regulations (14 CFR part 39) to existing electrical wire installations of the include an airworthiness directive (AD) center fuel tank, it is recommended that that is applicable to all Fokker Model Work Package II be completed before Work DEPARTMENT OF TRANSPORTATION F.28 Mark 0070 and 0100 series Package I. airplanes was published in the Federal (1) For airplanes that have accumulated Federal Aviation Administration Register on April 5, 2002 (67 FR 16333). fewer than 5,000 total flight hours as of the That action proposed to require effective date of this AD: Within 2 years after 14 CFR Part 39 measurement of the over-center force of the effective date of this AD. [Docket No. 2001–NM–290–AD; Amendment the thrust reverser operating levers; a (2) For airplanes that have accumulated functional test to verify proper 5,000 total flight hours or more, but fewer 39–13004; AD 2002–26–16] energizing of the secondary lock than 10,000 total flight hours as of the RIN 2120–AA64 effective date of this AD: Within 1 year after solenoid of the thrust reversers; and corrective actions, if necessary. the effective date of this AD. Airworthiness Directives; Fokker (3) For airplanes that have accumulated Model F.28 Mark 0070 and 0100 Series Explanation of Relevant Service 10,000 total flight hours or more as of the Airplanes effective date of this AD: Within 180 days Information after the effective date of this AD. AGENCY: Federal Aviation In the proposed AD, the FAA (b) Replacements done before the effective Administration, DOT. identified Fokker Service Bulletin date of this AD per Boeing Alert Service ACTION: Final rule. SBF100–76–015, dated January 15, Bulletin 737–28A1142, dated February 7, 2001, as the appropriate source of 2002, are considered acceptable for SUMMARY: This amendment adopts a service information for the proposed compliance with paragraph (a) of this AD. new airworthiness directive (AD), requirements. Since the proposed AD Alternative Methods of Compliance applicable to all Fokker Model F.28 was issued, Fokker issued Service (c) An alternative method of compliance or Mark 0070 and 0100 series airplanes, Bulletin Change Notification (SBCN) adjustment of the compliance time that that requires measurement of the over- SBF100–76–015/01, dated May 1, 2001, provides an acceptable level of safety may be center force of the thrust reverser and Manual Change Notification— used if approved by the Manager, Seattle operating levers, a functional test of the Maintenance Documentation (MCNM) Aircraft Certification Office (ACO), FAA, secondary lock solenoid of the thrust F100–060, Revision 1, dated March 19, Transport Airport Directorate. Operators reversers, and corrective actions if 2001. The revised MCNM provides shall submit their requests through an appropriate FAA Principal Maintenance necessary. The actions specified by this wording that is consistent with the Inspector, who may add comments and then AD are intended to detect and correct an existing maintenance manual wording send it to the Manager, Seattle ACO. insufficient over-center force in the to clarify the procedures; the procedures Note 3: Information concerning the corresponding thrust reverser operating otherwise remain unchanged. The SBCN existence of approved alternative methods of lever, and incorrect setting of the thrust advises that the MCNM changes have compliance with this AD, if any, may be reverser selector switch (S9), which been incorporated into the service obtained from the Seattle ACO. could result in uncommanded bulletin.

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Comments ‘‘one more time’’ has been removed Docket at the location provided under ADDRESSES. Interested persons have been afforded from paragraph (b)(2). the caption an opportunity to participate in the Conclusion List of Subjects in 14 CFR Part 39 making of this amendment. Due After careful review of the available Air transportation, Aircraft, Aviation consideration has been given to the safety, Incorporation by reference, comments received. data, including the comments noted above, the FAA has determined that air Safety. Support for the Proposed AD safety and the public interest require the Adoption of the Amendment One commenter fully supports the adoption of the rule with the changes Accordingly, pursuant to the proposed AD. previously described. The FAA has determined that these changes will authority delegated to me by the Request To Cite Revised Service neither increase the economic burden Administrator, the Federal Aviation Documents on any operator nor increase the scope Administration amends part 39 of the The manufacturer requests that the of the AD. Federal Aviation Regulations (14 CFR part 39) as follows: proposed AD be revised to cite the most Cost Impact recent versions of the relevant service The FAA estimates that 139 airplanes PART 39—AIRWORTHINESS documents. DIRECTIVES Based on a review of the document of U.S. registry will be affected by this revisions, the FAA concurs with the AD, that it will take approximately 2 1. The authority citation for part 39 request. Paragraphs (a) and (b) of this work hours per airplane to accomplish continues to read as follows: AD have been revised accordingly. the required actions, and that the Authority: 49 U.S.C. 106(g), 40113, 44701. average labor rate is $60 per work hour. Request To Clarify Certain Based on these figures, the cost impact § 39.13 [Amended] Requirements of the AD on U.S. operators is estimated 2. Section 39.13 is amended by The manufacturer requests that to be $16,680, or $120 per airplane. adding the following new airworthiness paragraph (b) of the proposed AD be The cost impact figure discussed directive: revised for several reasons. First, the above is based on assumptions that no 2002–26–16 Fokker Services B.V.: proposed language suggests that the operator has yet accomplished any of Amendment 39–13004. Docket 2001– functional test is intended to verify the requirements of this AD, and that no NM–290–AD. proper energizing of the secondary lock operator would accomplish those Applicability: All Model F.28 Mark 0070 solenoid, whereas the solenoids are not actions in the future if this AD were not and 0100 series airplanes, certificated in any supposed to energize during the test. adopted. The cost impact figures category. Second, the reference to movement of discussed in AD rulemaking actions Note 1: This AD applies to each airplane the ‘‘thrust reverser operating lever’’ in represent only the time necessary to identified in the preceding applicability paragraphs (b)(1), (b)(2), (b)(2)(i), and perform the specific actions actually provision, regardless of whether it has been (b)(2)(ii) of the proposed AD suggests required by the AD. These figures modified, altered, or repaired in the area that the thrust reverser operating levers typically do not include incidental subject to the requirements of this AD. For are operated during the functional test. costs, such as the time required to gain airplanes that have been modified, altered, or access and close up, planning time, or repaired so that the performance of the The manufacturer advises that the thrust requirements of this AD is affected, the levers, not the thrust reverser operating time necessitated by other owner/operator must request approval for an levers, are operated during the administrative actions. alternative method of compliance in functional test. Third, the manufacturer Regulatory Impact accordance with paragraph (d) of this AD. suggests that paragraph (b)(2) of the The request should include an assessment of proposed AD, which would require The regulations adopted herein will the effect of the modification, alteration, or operators to repeat the functional test not have a substantial direct effect on repair on the unsafe condition addressed by ‘‘one more time,’’ could be the States, on the relationship between this AD; and, if the unsafe condition has not the national Government and the States, been eliminated, the request should include misinterpreted. The service bulletin specific proposed actions to address it. provides instructions to perform the or on the distribution of power and responsibilities among the various Compliance: Required as indicated, unless functional test at least five times before, accomplished previously. and (if necessary) after, a rigging check levels of government. Therefore, it is To detect and correct an insufficient over- of the thrust lever switchbox. The determined that this final rule does not center force in the corresponding thrust functional test involves ‘‘slamming’’ the have federalism implications under reverser operating lever, and incorrect setting thrust levers with the thrust reverser Executive Order 13132. of the thrust reverser selector switch (S9), operating levers in the stowed position. For the reasons discussed above, I which could result in uncommanded The commenter suggests a reader could certify that this action (1) is not a deployment of the thrust reversers during infer that a single ‘‘slam’’ is sufficient. ‘‘significant regulatory action’’ under flight and consequent reduced controllability of the airplane, accomplish the following: The FAA agrees with the requests for Executive Order 12866; (2) is not a the reasons provided by the commenter ‘‘significant rule’’ under DOT Over-Center Force Measurement and and has made the following changes in Regulatory Policies and Procedures (44 Readjustment this final rule: First, the phrase ‘‘to FR 11034, February 26, 1979); and (3) (a) Within 6 months after the effective date verify proper energizing’’ has been will not have a significant economic of this AD, measure the over-center force of removed from the summary and impact, positive or negative, on a the left- and right-hand thrust reverser paragraphs (b) and (b)(2) of this AD. substantial number of small entities operating levers, per paragraph 2.A. of the Second, the phrase ‘‘movement of thrust under the criteria of the Regulatory Accomplishment Instructions of Fokker Service Bulletin SBF100–76–015, dated reverser operating levers’’ has been Flexibility Act. A final evaluation has January 15, 2001, including Service Bulletin changed to ‘‘movement of the thrust been prepared for this action and it is Change Notification (SBCN) SBF100–76–015/ levers’’ in paragraphs (b)(1), (b)(2), contained in the Rules Docket. A copy 01, dated May 1, 2001, and Manual Change (b)(2)(i), and (b)(2)(ii). Third, the phrase of it may be obtained from the Rules Notification—Maintenance Document

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(MCNM) F100–060, Revision 1, dated March Note 2: Information concerning the the main pitot static tube on each side 19, 2001. existence of approved alternative methods of of the airplane with a new improved (1) If the over-center force is equal to or compliance with this AD, if any, may be pitot static tube, and installing a gasket higher than 4.5 pounds, but not higher than obtained from the International Branch, between the tube and the airplane 5.5 pounds, no further action is required by ANM–116. this paragraph. structure. The actions specified by this (2) If the over-center force is less than 4.5 Special Flight Permits AD are intended to prevent ice from pounds or higher than 5.5 pounds, before (e) Special flight permits may be issued in blocking the pitot system, due to the further flight, readjust the over-center force accordance with sections 21.197 and 21.199 pitot tube not having enough heating and accomplish the corrective actions of the Federal Aviation Regulations (14 CFR capacity to stay above freezing (including measuring and readjusting the 21.197 and 21.199) to operate the airplane to temperature, which could result in minimum stop of the reverse-thrust lever and a location where the requirements of this AD erroneous airspeed indications. This over-center force of the thrust reverser), per can be accomplished. action is intended to address the the service bulletin. Incorporation by Reference identified unsafe condition. Functional Test and Corrective Actions (f) Unless otherwise specified in this AD, DATES: Effective February 10, 2003. (b) Within 6 months after the effective date the actions shall be done in accordance with of this AD, perform a functional test of the Fokker Service Bulletin SBF100–76–015, The incorporation by reference of secondary lock solenoid of the left- and right- dated January 15, 2001, including Service certain publications listed in the hand thrust levers, per paragraph 2.B. of the Bulletin Change Notification SBF100–76– regulations is approved by the Director Accomplishment Instructions of Fokker 015/01, dated May 1, 2001, and Manual of the Federal Register as of February Service Bulletin SBF100–76–015, dated Change Notification MCNM F100–060, 10, 2003. January 15, 2001, including SBCN SBF100– Revision 1, dated March 19, 2001. This 76–015/01, dated May 1, 2001, and MCNM incorporation by reference was approved by ADDRESSES: The service information F100–060, Revision 1, dated March 19, 2001. the Director of the Federal Register in referenced in this AD may be obtained (1) If the secondary lock solenoid does accordance with 5 U.S.C. 552(a) and 1 CFR from Saab Aircraft AB, SAAB Aircraft NOT (momentarily or continuously) energize part 51. Copies may be obtained from Fokker Product Support, S–581.88, Linko¨ping, with movement of the thrust levers as Services B.V., P.O. Box 231, 2150 AE Nieuw- Sweden. This information may be described in paragraph 2.B.(9) of the service Vennep, the Netherlands. Copies may be examined at the Federal Aviation bulletin, no further action is required by this inspected at the FAA, Transport Airplane paragraph. Directorate, 1601 Lind Avenue, SW., Renton, Administration (FAA), Transport (2) If the secondary lock solenoid Washington; or at the Office of the Federal Airplane Directorate, Rules Docket, (momentarily or continuously) energizes Register, 800 North Capitol Street, NW., suite 1601 Lind Avenue, SW., Renton, with movement of the thrust levers as 700, Washington, DC. Washington; or at the Office of the described in paragraph 2.B.(9) of the service Note 3: The subject of this AD is addressed Federal Register, 800 North Capitol bulletin, before further flight, perform a in Dutch airworthiness directive 2001–040, Street, NW., suite 700, Washington, DC. rigging check of the thrust reverser switchbox dated March 30, 2001. and repeat the functional test of the FOR FURTHER INFORMATION CONTACT: Dan secondary lock solenoid, per paragraph Effective Date Rodina, Aerospace Engineer, 2.B.(9) of the service bulletin. (g) This amendment becomes effective on International Branch, ANM–116, FAA, (i) If the solenoid does NOT (momentarily February 10, 2003. Transport Airplane Directorate, 1601 or continuously) energize with movement of Issued in Renton, Washington, on Lind Avenue, SW., Renton, Washington the thrust levers as described in paragraph 98055–4056; telephone (425) 227–2125; 2.B.(9) of the service bulletin, no further December 26, 2002. action is required by this paragraph. Michael Kaszycki, fax (425) 227–1149. (ii) If the secondary lock solenoid still Acting Manager, Transport Airplane SUPPLEMENTARY INFORMATION: A (momentarily or continuously) energizes Directorate, Aircraft Certification Service. proposal to amend part 39 of the Federal with movement of the thrust levers as [FR Doc. 03–16 Filed 1–3–03; 8:45 am] Aviation Regulations (14 CFR part 39) to described in paragraph 2.B.(9) of the service bulletin, before further flight, replace the BILLING CODE 4910–13–P include an airworthiness directive (AD) thrust reverser switchbox with a new or that is applicable to all Saab Model serviceable switchbox, per the service SAAB 2000, SAAB SF340A, and SAAB bulletin. DEPARTMENT OF TRANSPORTATION 340B series airplanes was published in the Federal Register on July 19, 2002 Credit for Accomplishment per Prior Federal Aviation Administration Version of Service Information (67 FR 47491). That action proposed to require replacing the main pitot static (c) Accomplishment, before the effective 14 CFR Part 39 tube on each side of the airplane with date of this AD, of the actions specified in paragraphs (a) and (b) of this AD in [Docket No. 2002–NM–104–AD; Amendment a new improved pitot static tube, and accordance with Fokker Service Bulletin 39–13007; AD 2002–26–19] installing a gasket between the tube and the airplane structure. SBF100–76–015, dated January 15, 2001, RIN 2120–AA64 including MCNM F100–060, dated January 1, Comments 2001, is acceptable for compliance with the Airworthiness Directives; Saab Model requirements of this AD. SAAB 2000, SAAB SF340A, and SAAB Interested persons have been afforded Alternative Methods of Compliance 340B Series Airplanes an opportunity to participate in the making of this amendment. No (d) An alternative method of compliance or AGENCY: Federal Aviation comments were submitted in response adjustment of the compliance time that Administration, DOT. provides an acceptable level of safety may be to the proposal or the FAA’s used if approved by the Manager, ACTION: Final rule. determination of the cost to the public. International Branch, ANM–116, Transport SUMMARY: Airplane Directorate, FAA. Operators shall This amendment adopts a Conclusion submit their requests through an appropriate new airworthiness directive (AD), FAA Principal Maintenance Inspector, who applicable to all Saab Model SAAB The FAA has determined that air may add comments and then send it to the 2000, SAAB SF340A, and SAAB 340B safety and the public interest require the Manager, International Branch, ANM–116. series airplanes, that requires replacing adoption of the rule as proposed.

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Cost Impact Federal Aviation Regulations (14 CFR Note 2: Information concerning the part 39) as follows: existence of approved alternative methods of The FAA estimates that 312 airplanes compliance with this AD, if any, may be of U.S. registry will be affected by this PART 39—AIRWORTHINESS obtained from the International Branch, AD, that it will take approximately 8 DIRECTIVES ANM–116. work hours per airplane to accomplish the required replacement, and that the 1. The authority citation for part 39 Special Flight Permits average labor rate is $60 per work hour. continues to read as follows: (d) Special flight permits may be issued in accordance with sections 21.197 and 21.199 Required parts will cost approximately Authority: 49 U.S.C. 106(g), 40113, 44701. $13,400 per airplane. Based on these of the Federal Aviation Regulations (14 CFR § 39.13 [Amended] 21.197 and 21.199) to operate the airplane to figures, the cost impact of the AD on a location where the requirements of this AD U.S. operators is estimated to be 2. Section 39.13 is amended by can be accomplished. $4,330,560, or $13,880 per airplane. adding the following new airworthiness The cost impact figure discussed directive: Incorporation by Reference above is based on assumptions that no (e) The replacement and installation shall 2002–26–19 Saab Aircraft AB: Amendment be done in accordance with Saab Service operator has yet accomplished any of 39–13007. Docket 2002–NM–104–AD. Bulletin 340–34–145, dated October 1, 2001; the requirements of this AD action, and Applicability: All Model SAAB 2000, that no operator would accomplish or Saab Service Bulletin 2000–34–060, dated SAAB SF340A, and SAAB 340B series October 1, 2001; as applicable. This those actions in the future if this AD airplanes, certificated in any category. incorporation by reference was approved by were not adopted. The cost impact Note 1: This AD applies to each airplane the Director of the Federal Register in figures discussed in AD rulemaking identified in the preceding applicability accordance with 5 U.S.C. 552(a) and 1 CFR actions represent only the time provision, regardless of whether it has been part 51. Copies may be obtained from Saab necessary to perform the specific actions modified, altered, or repaired in the area Aircraft AB, SAAB Aircraft Product Support, actually required by the AD. These subject to the requirements of this AD. For S–581.88, Linko¨ping, Sweden. Copies may be figures typically do not include airplanes that have been modified, altered, or inspected at the FAA, Transport Airplane repaired so that the performance of the incidental costs, such as the time Directorate, 1601 Lind Avenue, SW., Renton, requirements of this AD is affected, the Washington; or at the Office of the Federal required to gain access and close up, owner/operator must request approval for an Register, 800 North Capitol Street, NW., suite planning time, or time necessitated by alternative method of compliance in 700, Washington, DC. other administrative actions. accordance with paragraph (c) of this AD. Note 3: The subject of this AD is addressed The request should include an assessment of Regulatory Impact in Swedish airworthiness directives 1–166 the effect of the modification, alteration, or and 1–167, both dated October 1, 2001. The regulations adopted herein will repair on the unsafe condition addressed by not have a substantial direct effect on this AD; and, if the unsafe condition has not Effective Date been eliminated, the request should include the States, on the relationship between specific proposed actions to address it. (f) This amendment becomes effective on the national Government and the States, February 10, 2003. Compliance: Required as indicated, unless or on the distribution of power and accomplished previously. Issued in Renton, Washington, on responsibilities among the various To prevent ice from blocking the pitot December 26, 2002. levels of government. Therefore, it is system, due to the pitot tube not having Charles D. Huber, determined that this final rule does not enough heating capacity to stay above Acting Manager, Transport Airplane have federalism implications under freezing temperature, which could result in Directorate, Aircraft Certification Service. erroneous airspeed indications, accomplish Executive Order 13132. [FR Doc. 03–15 Filed 1–3–03; 8:45 am] For the reasons discussed above, I the following: BILLING CODE 4910–13–P certify that this action (1) is not a Replacement ‘‘significant regulatory action’’ under (a) Within 12 months from the effective Executive Order 12866; (2) is not a date of this AD, replace the main pitot static DEPARTMENT OF TRANSPORTATION ‘‘significant rule’’ under DOT tube on each side of the airplane with a new Regulatory Policies and Procedures (44 improved pitot static tube, and install a Federal Aviation Administration FR 11034, February 26, 1979); and (3) gasket between the tube and the airplane will not have a significant economic structure; per the Accomplishment 14 CFR Part 39 impact, positive or negative, on a Instructions of Saab Service Bulletin 340–34– 145 (for Model SF340A and 340B series [Docket No. 2001–NM–396–AD; Amendment substantial number of small entities airplanes); or Saab Service Bulletin 2000–34– 39–13000; AD 2002–26–12] under the criteria of the Regulatory 060 (for Model 2000 series airplanes); both Flexibility Act. A final evaluation has dated October 1, 2001; as applicable. RIN 2120–AA64 been prepared for this action and it is contained in the Rules Docket. A copy Part Installation Airworthiness Directives; Airbus Model of it may be obtained from the Rules (b) As of the effective date of this AD, no A330 and A340 Series Airplanes Docket at the location provided under person shall install any static pitot tube having part number 856ML1 or 856ML2, on AGENCY: Federal Aviation ADDRESSES. the caption any airplane. Administration, DOT. ACTION: Final rule. List of Subjects in 14 CFR Part 39 Alternative Methods of Compliance Air transportation, Aircraft, Aviation (c) An alternative method of compliance or SUMMARY: This amendment adopts a safety, Incorporation by reference, adjustment of the compliance time that new airworthiness directive (AD), Safety. provides an acceptable level of safety may be applicable to all Airbus Model A330 used if approved by the Manager, Adoption of the Amendment and A340 series airplanes, that requires International Branch, ANM–116, Transport a one-time inspection to determine the Airplane Directorate, FAA. Operators shall Accordingly, pursuant to the submit their requests through an appropriate manufacturer’s name, part number, and authority delegated to me by the FAA Principal Maintenance Inspector, who date code of certain circuit breakers; and Administrator, the Federal Aviation may add comments and then send it to the replacement of any suspect circuit Administration amends part 39 of the Manager, International Branch, ANM–116. breaker with a new improved circuit

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breaker. The actions specified by this that note has been redesignated as ‘‘significant rule’’ under DOT AD are intended to ensure that proper paragraph (c) of this final rule. Regulatory Policies and Procedures (44 circuit breakers are installed for the fire FR 11034, February 26, 1979); and (3) Conclusion extinguishing system or part of the will not have a significant economic supplemental oxygen supply. A After careful review of the available impact, positive or negative, on a defective circuit breaker, if not data, the FAA has determined that air substantial number of small entities corrected, could trip without the cockpit safety and the public interest require the under the criteria of the Regulatory indication light illuminating. If the adoption of the rule with the change Flexibility Act. A final evaluation has flightcrew is unaware of this situation described previously. The FAA has been prepared for this action and it is while operating the airplane, this latent determined that this change will neither contained in the Rules Docket. A copy failure in combination with other increase the economic burden on any of it may be obtained from the Rules failures could present an immediate operator nor increase the scope of the Docket at the location provided under hazard to the airplane. This action is AD. the caption ADDRESSES. intended to address the identified Cost Impact List of Subjects in 14 CFR Part 39 unsafe condition. The FAA estimates that 8 Model A330 Air transportation, Aircraft, Aviation DATES: Effective February 10, 2003. series airplanes of U.S. registry will be safety, Incorporation by reference, The incorporation by reference of affected by this AD, that it will take Safety. certain publications listed in the approximately 2 work hours per regulations is approved by the Director airplane to accomplish the required Adoption of the Amendment of the Federal Register as of February inspection, and that the average labor Accordingly, pursuant to the 10, 2003. rate is $60 per work hour. Based on authority delegated to me by the ADDRESSES: The service information these figures, the cost impact of the Administrator, the Federal Aviation referenced in this AD may be obtained inspection required by this AD on U.S. Administration amends part 39 of the from Airbus Industrie, 1 Rond Point operators is estimated to be $960, or Federal Aviation Regulations (14 CFR Maurice Bellonte, 31707 Blagnac Cedex, $120 per airplane. part 39) as follows: France. This information may be The cost impact figure discussed examined at the Federal Aviation above is based on assumptions that no PART 39—AIRWORTHINESS Administration (FAA), Transport operator has yet accomplished any of DIRECTIVES Airplane Directorate, Rules Docket, the requirements of this AD action, and 1601 Lind Avenue, SW., Renton, that no operator would accomplish 1. The authority citation for part 39 Washington; or at the Office of the those actions in the future if this AD continues to read as follows: Federal Register, 800 North Capitol were not adopted. The cost impact Authority: 49 U.S.C. 106(g), 40113, 44701. Street, NW., suite 700, Washington, DC. figures discussed in AD rulemaking actions represent only the time § 39.13 [Amended] FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer, International necessary to perform the specific actions 2. Section 39.13 is amended by Branch, ANM–116, FAA, Transport actually required by the AD. These adding the following new airworthiness Airplane Directorate, 1601 Lind figures typically do not include directive: Avenue, SW., Renton, Washington incidental costs, such as the time 2002–26–12 Airbus: Amendment 39–13000. 98055–4056; telephone (425) 227–1112; required to gain access and close up, Docket 2001–NM–396–AD. fax (425) 227–1149. planning time, or time necessitated by Applicability: All Model A330 and A340 other administrative actions. series airplanes, certificated in any category. SUPPLEMENTARY INFORMATION: A Currently, there are no Model A340 Note 1: This AD applies to each airplane proposal to amend part 39 of the Federal series airplanes on the U.S. Register. Aviation Regulations (14 CFR part 39) to identified in the preceding applicability However, should an affected airplane be provision, regardless of whether it has been include an airworthiness directive (AD) imported and placed on the U.S. modified, altered, or repaired in the area that is applicable to all Airbus Model Register in the future, it will require subject to the requirements of this AD. For A330 and A340 series airplanes was approximately 2 work hours to airplanes that have been modified, altered, or published in the Federal Register on accomplish the required action, at an repaired so that the performance of the August 9, 2002 (67 FR 51789). That average labor rate of $60 per work hour. requirements of this AD is affected, the action proposed to require a one-time Based on these figures, the cost impact owner/operator must request approval for an inspection to determine the of the inspection required by this AD alternative method of compliance in accordance with paragraph (e) of this AD. manufacturer’s name, part number, and will be $120 per airplane. date code of certain circuit breakers; and The request should include an assessment of Regulatory Impact the effect of the modification, alteration, or replacement of any suspect circuit repair on the unsafe condition addressed by breaker with a new improved circuit The regulations adopted herein will this AD; and, if the unsafe condition has not breaker. not have a substantial direct effect on been eliminated, the request should include the States, on the relationship between specific proposed actions to address it. Comments the national Government and the States, Compliance: Required as indicated, unless Interested persons have been afforded or on the distribution of power and accomplished previously. an opportunity to participate in the responsibilities among the various To ensure that proper circuit breakers are making of this amendment. No levels of government. Therefore, it is installed for the fire extinguishing system or comments were submitted in response determined that this final rule does not part of the supplemental oxygen supply, to the proposal or the FAA’s have federalism implications under accomplish the following: determination of the cost to the public. Executive Order 13132. Inspection For the reasons discussed above, I Changes to the Final Rule (a) Within 6 months after the effective date certify that this action (1) is not a of this AD, inspect to determine the Since the language in Note 2 of the ‘‘significant regulatory action’’ under manufacturer’s name, part number, and date proposed AD is regulatory in nature, Executive Order 12866; (2) is not a code of circuit breakers 1WX, 2WX, and 5WR

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through 12WR inclusive, located in the Revision 03, dated November 13, 2001; or prevent locking of the elevator during 722VU and 742VU panels; per Airbus Service Airbus Service Bulletin A340–92–4042, takeoff, which could result in loss of Bulletin A330–92–3034, Revision 03 (for Revision 03, dated November 13, 2001 controllability of the airplane. Model A330 series airplanes); or Airbus excluding Appendix 01, Reporting Sheet, and Service Bulletin A340–92–4042, Revision 03 quality perception form, as applicable. This DATES: Effective January 13, 2003, to all (for Model A340 series airplanes); both dated incorporation by reference was approved by persons except those persons to whom November 13, 2001; as applicable. the Director of the Federal Register in it was made immediately effective by accordance with 5 U.S.C. 552(a) and 1 CFR emergency AD 2002–26–51, issued Corrective Action part 51. Copies may be obtained from Airbus December 20, 2002, which contained (b) If any Texas Instruments circuit breaker Industrie, 1 Rond Point Maurice Bellonte, the requirements of this amendment. having part number (P/N) E0730–005A7A5A, 31707 Blagnac Cedex, France. Copies may be Comments for inclusion in the Rules E0730–005A05AA, E0730–005A7A5B, or inspected at the FAA, Transport Airplane Docket must be received on or before E0730–005A05AB, with any date code 96/01 Directorate, 1601 Lind Avenue, SW., Renton, February 5, 2003. through 98/52 inclusive, is found during the Washington; or at the Office of the Federal inspection required by paragraph (a) of this Register, 800 North Capitol Street, NW., suite ADDRESSES: Submit comments in AD, before further flight, replace the circuit 700, Washington, DC. triplicate to the Federal Aviation breaker with a new improved circuit breaker, Administration (FAA), Transport either having the proper date code or from Note 3: The subject of this AD is addressed Airplane Directorate, ANM–114, another manufacturer, per Airbus Service in French airworthiness directives 2001– Attention: Rules Docket No. 2002–NM– Bulletin A330–92–3034, Revision 03 (for 468(B) and 2001–469(B), both dated October 348–AD, 1601 Lind Avenue, SW., 3, 2001. Model A330 series airplanes); or Airbus Renton, Washington 98055–4056. Service Bulletin A340–92–4042, Revision 03 Effective Date Comments may be inspected at this (for Model A340 series airplanes); both dated November 13, 2001; as applicable. (h) This amendment becomes effective on location between 9 a.m. and 3 p.m., (c) Inspections and corrective actions February 10, 2003. Monday through Friday, except Federal holidays. Comments may be submitted accomplished before the effective date of this Issued in Renton, Washington, on AD per Airbus Service Bulletin A330–92– December 23, 2002. via fax to (425) 227–1232. Comments 3034, dated February 9, 2001; Revision 01, may also be sent via the Internet using Vi L. Lipski, dated April 11, 2001; or Revision 02, dated the following address: 9–anm– August 14, 2001 (for Model A330 series Manager, Transport Airplane Directorate, [email protected]. Comments sent Aircraft Certification Service. airplanes); and Airbus Service Bulletin via fax or the Internet must contain A340–92–4042, dated February 9, 2001; [FR Doc. 03–140 Filed 1–3–03; 8:45 am] ‘‘Docket No. 2002–NM–348–AD’’ in the Revision 01, dated April 11, 2001; or BILLING CODE 4910–13–P Revision 02, dated August 14, 2001 (for subject line and need not be submitted Model A340 series airplanes); are considered in triplicate. Comments sent via the acceptable for compliance with the DEPARTMENT OF TRANSPORTATION Internet as attached electronic files must applicable inspections and corrective actions be formatted in Microsoft Word 97 for required by this AD. Federal Aviation Administration Windows or ASCII text. Information pertaining to this Part Installation 14 CFR Part 39 amendment may be examined at the (d) As of the effective date of this AD, no FAA, Transport Airplane Directorate, person shall install any Texas Instruments [Docket No. 2002–NM–348–AD; Amendment 1601 Lind Avenue, SW., Renton, circuit breaker having P/N E0730– 39–13008; AD 2002–26–51] 005A7A5A, E0730–005A05AA, E0730– Washington. 005A7A5B, or E0730–005A05AB with any RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: Bob date code 96/01 through 98/52 inclusive, on Breneman, Aerospace Engineer, any airplane. Airworthiness Directives; Empresa International Branch, ANM–116, FAA, Brasileira de Aeronautica S.A. Alternative Methods of Compliance Transport Airplane Directorate, 1601 (EMBRAER) Model EMB–135 and –145 Lind Avenue, SW., Renton, Washington (e) An alternative method of compliance or Series Airplanes adjustment of the compliance time that 98055–4056; telephone (425) 227–1263; provides an acceptable level of safety may be AGENCY: Federal Aviation fax (425) 227–1149. used if approved by the Manager, Administration, DOT. SUPPLEMENTARY INFORMATION: On International Branch, ANM–116, Transport ACTION: Final rule; request for December 20, 2002, the FAA issued Airplane Directorate, FAA. Operators shall comments. emergency AD 2002–26–51, which is submit their requests through an appropriate applicable to certain EMBRAER Model FAA Principal Maintenance Inspector, who SUMMARY: This document publishes in EMB–135 and –145 series airplanes. may add comments and then send it to the the Federal Register an amendment Manager, International Branch, ANM–116. adopting airworthiness directive (AD) Background Note 2: Information concerning the 2002–26–51 that was sent previously to The Departmento de Aviacao Civil existence of approved alternative methods of compliance with this AD, if any, may be all known U.S. owners and operators of (DAC), which is the airworthiness obtained from the International Branch, certain EMBRAER Model EMB–135 and authority for Brazil, recently notified the ANM–116. –145 series airplanes by individual FAA that an unsafe condition may exist notices. This AD requires revising the on certain EMBRAER Model EMB–135 Special Flight Permits Limitations Section of the Airplane and –145 series airplanes. The DAC (f) Special flight permits may be issued in Flight Manual to advise the flightcrew received a report indicating that the accordance with sections 21.197 and 21.199 of the possibility of locking of the elevator locked during the takeoff run of the Federal Aviation Regulations (14 CFR elevator during takeoff and to provide on a Model EMB–145 series airplane. 21.197 and 21.199) to operate the airplane to the appropriate procedures to prevent it. The locking was caused by a restart of a location where the requirements of this AD This action is prompted by a report the locking sequence, which was can be accomplished. indicating that the elevator locked initiated by a rearward movement of the Incorporation by Reference during the takeoff run on a Model EMB– gust lock lever (and aggravated by a (g) The actions shall be done in accordance 145 series airplane. The actions possible ineffective plunger spring) after with Airbus Service Bulletin A330–92–3034, specified by this AD are intended to the elevator had been unlocked. Locking

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of the elevator during takeoff could notices issued on December 20, 2002, to The FAA has determined that this result in loss of controllability of the all known U.S. owners and operators of regulation is an emergency regulation airplane. certain EMBRAER Model EMB–135 and that must be issued immediately to The DAC issued Brazilian –145 series airplanes. These conditions correct an unsafe condition in aircraft, airworthiness directive 2002–12–03, still exist, and the AD is hereby and that it is not a ‘‘significant dated December 20, 2002, in order to published in the Federal Register as an regulatory action’’ under Executive ensure the continued airworthiness of amendment to section 39.13 of the Order 12866. It has been determined these airplanes in Brazil. Federal Aviation Regulations (14 CFR further that this action involves an FAA’s Determination 39.13) to make it effective as to all emergency regulation under DOT persons. Regulatory Policies and Procedures (44 In light of this information, the FAA FR 11034, February 26, 1979). If it is Comments Invited finds that certain procedures must be determined that this emergency included in the AFM for Model EMB– Although this action is in the form of regulation otherwise would be 135 and –145 series airplanes to provide a final rule that involves requirements significant under DOT Regulatory the flightcrew with appropriate affecting flight safety and, thus, was not Policies and Procedures, a final procedures for preventing a locked preceded by notice and an opportunity regulatory evaluation will be prepared elevator during takeoff. The FAA has for public comment, comments are and placed in the Rules Docket. A copy determined that such procedures invited on this rule. Interested persons of it, if filed, may be obtained from the currently are not defined adequately in are invited to comment on this rule by Rules Docket at the location provided the AFM for these airplanes. submitting such written data, views, or under the caption ADDRESSES. FAA’s Conclusions arguments as they may desire. Communications shall identify the List of Subjects in 14 CFR Part 39 This airplane model is manufactured Rules Docket number and be submitted in Brazil and is type certificated for Air transportation, Aircraft, Aviation in triplicate to the address specified operation in the United States under the safety, Safety. under the caption ADDRESSES. All provisions of section 21.29 of the communications received on or before Adoption of the Amendment Federal Aviation Regulations (14 CFR the closing date for comments will be 21.29) and the applicable bilateral Accordingly, pursuant to the considered, and this rule may be airworthiness agreement. Pursuant to authority delegated to me by the amended in light of the comments this bilateral airworthiness agreement, Administrator, the Federal Aviation received. Factual information that the DAC has kept the FAA informed of Administration amends part 39 of the supports the commenter’s ideas and the situation described above. The FAA Federal Aviation Regulations (14 CFR suggestions is extremely helpful in has examined the findings of the DAC, part 39) as follows: evaluating the effectiveness of the AD reviewed all available information, and action and determining whether determined that AD action is necessary PART 39—AIRWORTHINESS additional rulemaking action would be for products of this type design that are DIRECTIVES needed. certificated for operation in the United Comments are specifically invited on States. 1. The authority citation for part 39 the overall regulatory, economic, continues to read as follows: Explanation of the Requirements of the environmental, and energy aspects of Rule the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. Since the unsafe condition described modify the rule. All comments § 39.13 [Amended] is likely to exist or develop on other submitted will be available, both before airplanes of the same type design and after the closing date for comments, 2. Section 39.13 is amended by registered in the United States, the FAA in the Rules Docket for examination by adding the following new airworthiness issued emergency AD 2002–26–51 to interested persons. A report that directive: prevent locking of the elevator during summarizes each FAA-public contact 2002–26–51 Empresa Brasileira de takeoff, which could result in loss of concerned with the substance of this AD Aeronautica S.A. (Embraer): controllability of the airplane. The AD will be filed in the Rules Docket. Amendment 39–13008. Docket 2002– requires revising the Limitations Section Commenters wishing the FAA to NM–348–AD. of the Airplane Flight Manual to advise acknowledge receipt of their comments Applicability: Model EMB–135 and –145 the flightcrew of the possibility of submitted in response to this rule must series airplanes, certificated in any category, locking of the elevator during takeoff submit a self-addressed, stamped equipped with an electromechanical gust postcard on which the following lock system. and to provide the appropriate Compliance: Required as indicated, unless procedures to prevent it. This AD is statement is made: ‘‘Comments to Docket Number 2002–NM–348–AD.’’ accomplished previously. consistent with the Brazilian To prevent locking of the elevator during airworthiness directive. The postcard will be date stamped and takeoff, which could result in loss of returned to the commenter. controllability of the airplane, accomplish Interim Action Regulatory Impact the following: This is considered to be interim (a) Within 24 clock hours after receipt of action until final action is identified, at The regulations adopted herein will this AD, revise the Limitations Section of the which time the FAA may consider not have a substantial direct effect on Airplane Flight Manual (AFM) to include the additional rulemaking. the States, on the relationship between following statement. This may be Since it was found that immediate the national Government and the States, accomplished by inserting a copy of this AD corrective action was required, notice or on the distribution of power and in the AFM. ‘‘Every single time the gust lock lever is set and opportunity for prior public responsibilities among the various to the unlocked position, the elevator comment thereon were impracticable levels of government. Therefore, it is movement must be checked. This check must and contrary to the public interest, and determined that this final rule does not be performed no sooner than 10 seconds after good cause existed to make the AD have federalism implications under positioning the gust lock lever to the fully effective immediately by individual Executive Order 13132. forward unlocked position by moving the

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control column from the full up stop and to ORIGINAL SIAP to serve Caruthersville earth are published in paragraph 6005 of the full down stop and back to the full up Memorial Airport, Caruthersville, MO. FAA Order 7400.9K, dated August 30, stop.’’ Current Class E airspace at 2002, and effective September 16, 2002, Alternative Methods of Compliance Caruthersville, MO was designed to which is incorporated by reference in 14 (b) An alternative method of compliance or contain these SIAPs. A recent survey CFR 71.1. The Class E airspace adjustment of the compliance time that has established a new Airport Reference designation listed in this document will provides an acceptable level of safety may be Point (ARP) for Caruthersville Memorial be published subsequently in the Order. used if approved by the Manager, Airport. This requires that controlled The Direct Final Rule Procedure International Branch, ANM–116, Transport airspace extending upward from 700 Airplane Directorate, FAA. Operators shall feet Above Ground Level (AGL) at The FAA anticipates that this submit their requests through an appropriate Caruthersville, MO be redefined in regulation will not result in adverse or FAA Principal Operations Inspector, who order to accommodate the SIAPs. negative comment and, therefore, is may add comments and then send it to the The intended effect of this rule is to issuing it as a direct final rule. Previous Manager, International Branch, ANM–116. provide controlled Class E airspace for actions of this nature have not been Note 1: Information concerning the aircraft executing the SIAPs and to controversial and have not resulted in existence of approved alternative methods of adverse comments or objections. The compliance with this AD, if any, may be aggregate aircraft using instrument obtained from the International Branch, approach procedures in instrument amendment will enhance safety for all ANM–116. conditions from aircraft operating in flight operations by designation an area visual conditions. where VFR pilots may anticipate the Special Flight Permits DATES: This direct final rule is effective presence of IFR aircraft at lower (c) Special flight permits may be issued in on 0901 UTC, April 17, 2003. altitudes, especially during inclement accordance with sections 21.197 and 21.199 Comments for inclusion in the Rules weather conditions. A greater degree of of the Federal Aviation Regulations (14 CFR Docket must received on or before safety is achieved by depicting the area 21.197 and 21.199) to operate the airplane to on aeronautical charts. Unless a written a location where the requirements of this AD February 28, 2003. ADDRESSES: Send comments on this adverse or negative comment, or a can be accomplished. written notice of intent to submit an Note 2: The subject of this AD is addressed proposal to the Docket Management System, U.S. Departmental of adverse or negative comment is received in Brazilian airworthiness directive 2002–12– within the comment period, the 03, dated December 20, 2002. Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC regulation will become effective on the (d) This amendment becomes effective on date specified below. After the close of January 13, 2003, to all persons except those 20590–0001. You must identify the the comment period, the FAA will persons to whom it was made immediately docket number FAA–2002–14089/ effective by emergency AD 2002–26–51, Airspace Docket No. 02–ACE–13, at the publish a document in the Federal Register indicating that no adverse or issued December 20, 2002, which contained beginning of your comments. You may negative comments were received and the requirements of this amendment. also submit comments on the Internet at confirming the date on which the final Issued in Renton, Washington, on http://dms.dot.gov. You may review the rule will become effective. If the FAA December 30, 2002. public docket containing the proposal, does receive, within the comment Kevin Mullin, any comments received, and any final period, an adverse or negative comment, disposition in person in the Dockets Acting Manager, Transport Airplane or written notice of intent to submit Directorate, Aircraft Certification Service. Office between 9:00 a.m. and 5:00 p.m., such a comment, a document Monday through Friday, except Federal [FR Doc. 03–149 Filed 1–3–03; 8:45 am] withdrawing the direct final rule will be holidays. The Docket Office (telephone BILLING CODE 4910–13–P published in the Federal Register, and 1–800–647–5527) is on the plaza level a notice of proposed rulemaking will be of the Department of Transportation published with a new comment period. DEPARTMENT OF TRANSPORTATION NASSIF Building at the above address. FOR FURTHER INFORMATION CONTACT: Comments Invited Federal Aviation Administration Brenda Mumper, Air Traffic Division, Interested parties are invited to Airspace Branch, ACE–520A DOT participate in this rulemaking by 14 CFR Part 71 Regional Headquarters Building, Federal submitting such written data, views, or [Docket No. FAA–2002–14089; Airspace Aviation Administration, 901 Locust, arguments, as they may desire. Docket No. 02–ACE–13] Kansas City, MO 64106; telephone: Comments that provide the factual basic (816) 329–2524. supporting the views and suggestions Modification of Class E Airspace; SUPPLEMENTARY INFORMATION: The FAA presented are particularly helpful in Caruthersville, MO has RNAV (GPS) RWY 36 ORIGINAL developing reasoned regulatory AGENCY: Federal Aviation SIAP, RNAV (GPS) RWY 18 ORIGINAL decisions on the proposal. Comments Administration (FAA), DOT. SIAP and VOR/DME RWY 18 are specifically invited on the overall ACTION: Direct final rule; request for ORIGINAL SIAP to serve Caruthersville regulatory, aeronautical, economic, comments. Memorial Airport, Caruthersville, MO. environmental, and energy-related The amendment to Class E airspace at aspects of the proposal. SUMMARY: This action modifies the Class Caruthersville, MO will provide Communications should identify both E airspace at Carthersville, MO. The controlled airspace at and above 700 docket numbers and be submitted in FAA has developed Area Navigation feet AGL to contain the new SIAPs triplicate to the address listed above. (RNAV) Global Positioning System within controlled airspace, and thereby Commenters wishing the FAA to (GPS) Runway (RWY) 36 ORIGINAL facilitate separation of aircraft operating acknowledge receipt of their comments Standard Instrument Approach under Instrument Flight Rules (IFR). on this notice submit with those procedure (SIAP), RNAV (GPS) RWY 18 The area will be depicted on comments a self-addressed, stamped ORIGINAL SIAP and VHF Omni- appropriate aeronautical charts. Class E postcard on which the following directional Range (VOR)/Distance airspace areas extending upward from statement is made: ‘‘Comments to Measuring Equipment (DME) RWY 18 700 feet or more above the surface of the Docket No. FAA–2002–14089/Airspace

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Docket No. 02–ACE–13’’ The postcard (Lat. 36°10′09″ N., long. 89°40′35″ W.) For Purchase—Individual SIAP will be date/time stamped and returned That airspace extending upward from 700 copies may be obtained from: to the commenter. feet above the surface within a 6.4-mile 1. FAA Public Inquiry Center (APA– radius of Caruthersville Memorial Airport. 200), FAA Headquarters Building, 800 Agency Findings * * * * * Independence Avenue, SW., The regulations adopted herein will Washington, DC 20591; or not have a substantial direct effect on Issued in Kansas City, MO, on December 2. The FAA Regionl Office of the 20, 2002. the States, on the relationship between region in which the affected airport is the national Government and the States, Herman J. Lyons, Jr., located. or on the distribution of power and Manager, Air Traffic Division, Central Region. By Subscription—Copies of all SIAPs, responsibilities among the various [FR Doc. 03–61 Filed 1–3–03; 8:45 am] mailed once every 2 weeks, are for sale levels of government. Therefore, it is BILLING CODE 4910–13–M by the the Superintendent of determined that this final rule does not Documents, U.S. Government Printing have federalism implications under Office, Washington, DC 20402. DEPARTMENT OF TRANSPORTATION Executive Order 13132. FOR FURTHER INFORMATION CONTACT: The FAA has determined that this Federal Aviation Administration Donald P. Pate, Flight Procedure regulation is noncontroversial and Standards Branch (AMCAFS–420), unlikely to result in adverse or negative 14 CFR Part 97 Flight Technologies and Programs comments. For the reasons discussed in Division, Flight Standards Service, the preamble, I certify that this [Docket No. 30347; Amdt. No. 3038] Federal Aviation Administration, Mike regulation (1) is not a ‘‘significant Monroney, Aeronautical Center, 6500 regulatory action’’ under Executive Standard Instrument Approach South MacArthur Blvd., Oklahoma City, Order 12866; (2) is not a ‘‘significant Procedures; Miscellaneous OK 73169 (Mail Address: PO Box 25082 rule’’ under Department of Amendments Oklahoma City, OK 73125) telephone: Transportation (DOT) Regulatory AGENCY: Federal Aviation (405) 954–4164. Policies and Procedures (44 FR 11034, Administration (FAA), (DOT). SUPPLEMENTARY INFORMATION: February 26, 1979); and (3) if This ACTION: promulgated, will not have a significant Final rule. amendment to part 97 of the Federal Aviation Regulations (14 CFR part 97) economic impact, positive or negative, SUMMARY: This amendment establishes, on a substantial number of small entities establishes, amends, suspends, or amends, suspends, or revokes Standard revokes Standard Instrument Approach under the criteria of the Regulatory Instrument Approach Procedures Flexibility Act. Procedures (SIAPs). The complete (SIAPs) for operations at certain regulatory description on each SIAP is List of Subjects in 14 CFR Part 71 airports. These regulatory actions are contained in the appropriate FAA Form needed because of changes occurring in 8260 and the National Flight Data Airspace, Incorporation by reference, the National Airspace System, such as Navigation (air). Center (FDC)/Permanent (P) Notices to the commissioning of new navigaitonal Airmen (NOTAM) which are Adoption of the Amendment facilities, addition of new obstacles, or incorporated by reference in the changes in air traffic requirements. Accordingly, the Federal Aviation amendment under 5 U.S.C. 552(a), 1 These changes are designed to provide CFR part 51, and § 97.20 of the Federal Administration amends 14 CFR part 71 safe and efficient use of the navigable as follows: Aviation’s Regulations (FAR). Materials airspace and to promote safe flight incorporated by reference are available PART 71—DESIGNATION OF CLASS A, operations under instrument flight rules for examination or purchase as stated CLASS B, CLASS C, CLASS D, AND at the affected airports. above. CLASS E AIRSPACE AREAS; DATES: This rule is effective January 6, The large number of SIAPs, their AIRWAYS; ROUTES; AND REPORTING 2003. The compliance date for each complex nature, and the need for a POINTS SIAP is specified in the amendatory special format make their verbatim provisions. publication in the Federal Register 1. The authority citation for part 71 The incorporation by reference of expensive and impractical. Further, continues to read as follows: certain publications listed in the airmen do not use the regulatory text of regulations is approved by the Director Authority: 49 U.S.C. 106(g), 40103, 40113, the SIAPs, but refer to their graphic 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– of the Federal Register as of January 6, depiction of charts printed by 1963 Comp., p. 389. 2003. publishers of aeronautical materials. ADDRESSES: Availability of matter Thus, the advantages of incorporation § 71.1 [Amended] incorporated by reference in the by reference are realized and publication of the complete description 2. The incorporation by reference in amendment is as follows: For Examination— of each SIAP contained in FAA form 14 CFR 71.1 of Federal Aviation 1. FAA Rules Docket, FAA documents is unnecessary. The Administration Order 7400.9K, dated Headquarters Building, 800 provisions of this amendment state the August 30, 2002, and effective Independence Avenue, SW., affected CFR (and FAR) sections, with September 16, 2002, is amended as Washington, DC 20591; the types and effective dates of the follows: 2. The FAA Regional Office of the SIAPs. This amendment also identifies Paragraph 6005 Class E airspace areas region in which affected airport is the airport, its location, the procedure extending upward from 700 feet or more located; or identification and the amendment above the surface of the earth. 3. The Flight Inspection Area Office number. * * * * * which originated the SIAP. 4. The Office of the Federal Register, The Rule ACE MO E5 Caruthersville, MO, 800 North Capitol Street, NW., Suite This amendment to part 97 of the Caruthersville Memorial Airport, MO 700, Washington, DC. Federal Aviation Regulations (14 CFR

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part 97) establishes, amends, suspends, are impracticable and contrary to the Federal Aviation Regulations (14 CFR or revokes SIAPs. For safety and public interest and, where applicable, part 97) is amended by establishing, timeliness of change considerations, this that good cause exists for making these amending, suspending, or revoking amendment incorporates only specific SIAPs effective in less than 30 days. Standard Instrument Approach changes contained in the content of the Conclusion Procedures, effective at 0901 UTC on following FDC/P NOTAMs for each the dates specified, as follows: SIAP. The SIAP information in some The FAA has determined that this previously designated FDC/Temporary regulation only involves an established PART 97—STANDARD INSTRUMENT (FDC/T) NOTAMs is of such duration as body of technical regulations for which APPROACH PROCEDURES to be permanent. With conversion to frequent and routine amendments are FDC/P NOTAMs, the respective FDC/T necessary to keep them operationally 1. The authority citation for part 97 NOTAMs have been canceled. current. It, therefore—(1) Is not a continues to read as follows: The FDC/P NOTAMs for the SIAPs ‘‘significant regulatory action’’ under contained in this amendment are based Executive Order 12866; (2) is not a Authority: 49 U.S.C. 106(g), 40103, 40106, on the criteria contained in the U.S. ‘‘significant rule’’ under DOT 40113, 40114, 40120, 44502, 44514, 44701, Standard for Terminal Instrument Regulatory Policies and Procedures (44 44719, and 44721–44722. Procedures (TERPS). In developing FR 11034; February 26, 1979); and (3) 2. Part 97 is amended to read as these chart changes to SIAPs by FDC/P does not warrant preparation of a NOTAMs, the TERPS criteria were regulatory evaluation as the anticipated follows: applied to only these specific conditions impact is so minimal. For the same §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, existing at the affected airports. All reason, the FAA certifies that this and 97.35 [Amended] SIAP amendments in this rule have amendment will not have a significant been previously issued by the FAA in a economic impact on a substantial By amending: § 97.23 VOR, VOR/ National Flight Data Center (FDC) number of small entities under the DME, VOR or TACAN, and VOR/DME Notice to Airmen (NOTAM) as an criteria of the Regulatory Flexibility Act. or TACAN; § 97.25 LOC, LOC/DEM, emergency action of immediate flight List of Subjects in 14 CFR Part 97 LDA, LDA/DME, SDF, SDF/DME; safety relating directly to published § 97.27 NDB, NDB/DME/ § 97.29 ILS, aeronautical charts. The circumstances Air Traffic Control, Airports, ILS/DME, ISMLS, MLS/DME, MLS/ which created the need for all these Incorporation by reference, and RNAV; § 97.31 RADAR SIAPSs; § 97.33 SIAP amendments requires making Navigation (Air). RNAV SIAPs; AND § 97.35 COPTER them effective in less than 30 days. Issued in Washington, DC, on December SIAPs, Identified as follows: 20, 2002. Further, the SIAPs contained in this * * * Effective Upon Publication amendment are based on the criteria James J. Ballough, contained in the TERPS. Because of the Director, Flight Standards Service. close and immediate relationship Adoption of the Amendment between these SIAPs and safety in air commerce, I find that notice and public Accordingly, pursuant to the procedure before adopting these SIAPs authority delegated to me, part 97 of the

FDC date State City Airport FDIC No. Subject

11/14/02 ...... NY Albany ...... Albany Intl ...... 2/1946 GPS RWY 19, ORIG–A. This Corrects FDC 2/1946 Published in TL 03–01 Dated 12/6/02. 11/14/02 ...... NY Albany ...... Albany Intl...... 2/1947 GPS RWY 1, ORIG–A. This Corrects FDC 2/1947 Published in TL 03–01 Dated 12/6/02. 1/14/02 ...... NY Albany ...... Albany Intl ...... 2/1949 VOR RWY 28, ORIG–A. This Corrects FDC 2/1949 Published in TL 03–01 Dated 12/6/02. 11/14/02 ...... NY Albany ...... Albany Intl ...... 2/1950 GPS RWY 28, ORIG–A. This Corrects FDC 2/1950 Published in TL 03–01 Dated 12/6/02. 12/03/02 ...... AR West Memphis ...... West Memphis Muni ...... 2/2466 NDB–B, AMDT 3. 12/04/02 ...... AR Rogers ...... Rogers Muni-Carter Field ... 2/2483 VOR/DME RWY 19, AMDT 10. 12/04/02 ...... AR Fayetteville ...... Drake Field ...... 2/2484 LDA/DME RWY 34, AMDT 2. 12/04/02 ...... AR Fayetteville ...... Drake Field ...... 2/2485 VOR/DME–B, Orig. 12/04/02 ...... AR Fayetteville/Springdale/Rog- Northwest Arkansas Re- 2/2486 ILS/DME RWY 16, ORIG. ers. gional. 12/04/02 ...... AR Fayetteville/Springdale/Rog- Northwest Arkansas Re- 2/2487 ILS/DME RWY 34, ORIG. ers. gional. 12/04/02 ...... AR Springdale ...... Springdale Muni ...... 2/2488 VOR RWY 18, AMDT 15. 12/04/02 ...... AR Springdale ...... Springdale Muni ...... 2/2489 VOR/DME RWY 36, AMDT 9. 12/04/02 ...... AR Springdale ...... Springdale Muni ...... 2/2490 ILS RWY 18, AMDT 7. 12/04/02 ...... AR Fayetteville ...... Drake Field ...... 2/2491 LOC RWY 16, AMDT 16. 12/04/02 ...... AR Fort Smith ...... Fort Smith Regional ...... 2/2494 VOR or TACAN RWY 25, AMDT 20D 12/04/02 ...... OH Cleveland ...... Cleveland Hopkins Intl ...... 2/2507 ILS RWY 6L, ORIG. 12/04/02 ...... NC Wilmington ...... Wilmington Intl ...... 2/2516 RNVA (GPS) RWY 6, ORIG. 12/05/02 ...... IA Waterloo ...... Waterloo Muni ...... 2/2538 RNAV (GPS) RWY 36, ORIG. 12/05/02 ...... IA Waterloo ...... Waterloo Muni ...... 2/2539 RNAV (GPS) RWY 18, ORIG. 12/05/02 ...... IA Waterloo ...... Waterloo Muni ...... 2/2540 VOR RWY 36, AMDT 17. 12/05/02 ...... IA Waterloo ...... Waterloo Muni ...... 2/2541 VOR RWY 18, AMDT 8.

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FDC date State City Airport FDIC No. Subject

12/05/02 ...... CO Grand Junction ...... Grand Junction/Walker 2/2548 LDA/DME RWY 29, ORIG–A. Field. 12/05/02 ...... MI Grayling ...... Grayling AAF ...... 2/2558 VOR RWY 14, AMDT 1B. 12/05/02 ...... MI Grayling ...... Grayling AAF ...... 2/2562 GPS RWY 14, ORIG. 12/05/02 ...... MI Grayling ...... Grayling AAF ...... 2/2563 NDB RWY 14, AMDT 7. 12/05/02 ...... TX Houston ...... West Houston ...... 2/2570 RNAV (GPS) Y RWY 33, ORIG. 12/05/02 ...... MS Tupelo ...... Tupelo RGNL ...... 2/2710 ILSRWY 36, AMDT 7. 12/06/02 ...... OH Cleveland ...... Cleveland Hopkins Intl ...... 2/2506 ILS RWY 6R, AMDT 18. 12/06/02 ...... OH Cleveland ...... Cleveland Hopkins Intl ...... 2/2617 RNAV (GPS) Z RWY 6L, ORIG. 12/06/02 ...... OH Cleveland ...... Cleveland Hopkins Intl ...... 2/2618 RNAV (GPS) Y RWY 6L, ORIG. 12/13/02 ...... TX McKinney ...... McKinney Muni ...... 2/2769 ILS RWY 17, AMDT 1C. 12/13/02 ...... SC Greenwood ...... Greenwood County ...... 2/2787 VOR RWY 27, AMDT 12. 12/13/02 ...... ND Bismarck ...... Bismarck Muni ...... 2/2810 ILS RWY 13, AMDT 2B. 12/13/02 ...... ND Bismarck ...... Bismarck Muni ...... 2/2812 RNAV (GPS) RWY 3, ORIG–A. 12/13/02 ...... ND Bismarck ...... Bismarck Muni ...... 2/2813 RNAV (GPS) RWY 21, ORIG–B. 12/13/02 ...... ND Bismarck ...... Bismarck Muni...... 2/2815 RADAR–1, AMDT 3. 12/17/02 ...... AR Rogers ...... Rogers Muni-Carter Field ... 2/2889 VOR RWY 1, AMDT 13A. 12/18/02 ...... ND Bismarck ...... Bismarck Muni ...... 2/2898 ILS RWY 31, AMDT 32B. 12/19/02 ...... PA Philadelphia ...... Wings Field ...... 2/2934 RNAV (GPS) RWY 24, Orig. This Notam Replaces FDC 2/2329 Intl03–01.

[FR Doc. 03–96 Filed 1–3–03; 8:45 am] Background SUMMARY: This final rule decreases the BILLING CODE 4910–13–M The final rule that is the subject of mileage reimbursement rate for use of a these corrections provides guidance privately owned vehicle (POV) on under 31 U.S.C. 5318(j). official travel to reflect current costs of operation as determined in cost studies DEPARTMENT OF THE TREASURY Need for Correction conducted by the General Services As published, the final rule contains Administration (GSA). The governing 31 CFR Part 103 errors that may prove to be misleading regulation is revised to decrease the and are in need of clarification. mileage allowance for advantageous use RIN 1505–AA35 of a privately owned airplane from 97.5 Correction of Publication to 95.5 cents per mile, the cost of Financial Crimes Enforcement In final rule FR Doc. 02–24142, operating a privately owned automobile Network; Anti-Money Laundering published on September 26, 2002 (67 FR from 36.5 to 36.0 cents per mile, and the Requirements—Correspondent 60562), make the following correction: cost of operating a privately owned Accounts for Foreign Shell Banks; On page 60568, in column 1, correct motorcycle from 28.0 to 27.5 cents per Recordkeeping and Termination of footnote 25 to read as follows: mile. Correspondent Accounts for Foreign ‘‘25 A covered financial institution DATES: Effective Date: January 1, 2003. Banks; Correction may verify that a foreign bank is Applicability Date: This final rule required to file an FR Y–7 by checking applies to travel performed on or after AGENCY: Financial Crimes Enforcement the list of foreign banks with U.S. offices January 1, 2003. Network (FinCEN), Treasury. at http://www.federalreserve.gov/ FOR FURTHER INFORMATION CONTACT: The ACTION: Final rule; correction. releases/iba/default.htm.’’ Regulatory Secretariat, Room 4035, GSA SUMMARY: FinCEN published in the Dated: December 30, 2002. Building, Washington, DC, 20405, (202) Federal Register of September 26, 2002, Cynthia L. Clark, 208–7312, for information pertaining to a document (67 FR 60562) finalizing a Deputy Chief Counsel, Financial Crimes status or publication schedules. For rule to require certain financial Enforcement Network, Federal Register clarification of content, contact institutions to obtain information from Liaison. Devoanna R. Reels, Program Analyst, each foreign bank for which they [FR Doc. 03–192 Filed 1–3–03; 8:45 am] Office of Governmentwide Policy, maintain a correspondent account BILLING CODE 4810–02–P Travel Management Policy, at (202) concerning (1) the foreign bank’s status 501–3781. Please cite FTR Amendment as ‘‘shell’’ bank, (2) whether the foreign 112. bank provides banking services to GENERAL SERVICES SUPPLEMENTARY INFORMATION: foreign shell banks, (3) certain owners of ADMINISTRATION A. Background the foreign bank, and (4) the identity of a person in the United States to accept 41 CFR Part 301–10 Pursuant to 5 U.S.C. 5707(b), the Administrator of General Services has service of legal process. The document [FTR Amendment 112] contained an incorrect citation to a the responsibility to establish the website maintained by the Federal RIN 3090–AH77 privately owned vehicle (POV) mileage Reserve Bank. reimbursement rates. Separate rates are Federal Travel Regulation; Privately set for airplanes, automobiles (including DATES: This correction is effective Owned Vehicle Mileage trucks), and motorcycles. In order to set October 28, 2002. Reimbursement these rates, GSA is required to conduct FOR FURTHER INFORMATION CONTACT: AGENCY: periodic investigations. Subsection (b) Office of the Chief Counsel (FinCEN), Office of Governmentwide Policy, GSA. of section 5707 of title 5, U.S.C., (703) 905–3590 (not a toll-free number). requires the Administrator of General ACTION: Final rule. SUPPLEMENTARY INFORMATION: Services, in consultation with the

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Secretaries of Defense and B. Regulatory Flexibility Act U.S.C. 801 since it relates solely to Transportation, and representatives of agency management and personnel. Government employee organizations, to This final rule is not required to be periodically investigate the cost of travel published in the Federal Register for List of Subjects in 41 CFR Part 301–10 and the operation of POVs to employees notice and comment; therefore, the Regulatory Flexibility Act does not Government employees, Travel and while engaged on official business. As transportation expenses. required, GSA conducted an apply. investigation of the costs of operating a C. Executive Order 12866 Dated: December 24, 2002. POV and is reporting the cost per mile Stephen A. Perry, determination. The results of the GSA has determined that this final Administrator of General Services. investigation have been reported to rule is not a significant regulatory action Congress, and a copy of the report for the purposes of Executive Order For the reasons set forth in the appears as an attachment to this 12866 of September 30, 1993. preamble, amend 41 CFR part 301–10 as document. The report is being D. Paperwork Reduction Act set forth below: published to comply with the requirements of the law. GSA’s cost The Paperwork Reduction Act does PART 301–10—TRANSPORTATION studies show the Administrator of not apply because this final rule does EXPENSES General Services has determined the not impose recordkeeping or per-mile operating costs of a POV to be information collection requirements, or 1. The authority citation for 41 CFR 95.5 cents for airplanes, 36.0 cents for the collection of information from part 301–10 is revised to read as automobiles, and 27.5 cents for offerors, contractors, or members of the follows: motorcycles. As provided in 5 U.S.C. public which require the approval of the Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 5704(a)(1), the automobile Office of Management and Budget 49 U.S.C. 40118. reimbursement rate cannot exceed the (OMB) under 44 U.S.C. 3501, et seq. 2. Revise section 301–10.303 to read single standard mileage rate established E. Small Business Regulatory as follows: by the Internal Revenue Service (IRS). Enforcement Fairness Act The IRS has announced a new single § 301–10.303 What am I reimbursed when standard mileage rate for automobiles of This final rule is also exempt from use of a POV is determined by my agency 36.0 cents effective January 1, 2003. congressional review prescribed under 5 to be advantageous to the Government?

For use of a Your reimbursement is

Privately owned aircraft (e.g., helicopter, except an airplane) ...... Actual cost of operation (i.e., fuel, oil, plus the additional expenses list- ed in § 301–10.304). Privately owned airplane ...... 195.5.1 Privately owned automobile ...... 136.0.1 Privately owned motorcycle ...... 127.5.1 1 Cents per mile.

Attachment to Preamble—Report to conducted an investigation of the cost of DEPARTMENT OF THE INTERIOR Congress on the Costs of Operating Privately operating a privately owned automobile Owned Vehicles (POA). As provided in 5 U.S.C. 5704(a)(1), Bureau of Land Management Subparagraph (b)(1)(A) of section 5707 of the automobile reimbursement rate cannot Title 5, United States Code, requires that the exceed the single standard mileage rate 43 CFR Part 1860 Administrator of General Services, in established by the Internal Revenue Service [WO–350–1864–24 1A] consultation with the Secretaries of Defense (IRS). The IRS has announced a new single and Transportation, and representatives of standard mileage rate for automobiles of 36.0 RIN 1004–AD50 Government employee organizations, cents effective January 1, 2003. conduct periodic investigations of the cost of As required, GSA is reporting the results of Conveyances, Disclaimers and travel and the operation of privately owned Correction Documents vehicles (POVs) (airplanes, automobiles, and the investigation and the cost per mile determination. Based on cost studies motorcycles) to Government employees AGENCY: Bureau of Land Management, conducted by GSA, I have determined the while on official business and report the Interior. results to Congress at least once a year. per-mile operating costs of a POV to be 95.5 Subparagraph (b)(2)(B) of section 5707 of cents for airplanes, 36.0 cents for ACTION: Final rule. Title 5, United States Code, further requires automobiles, and 27.5 cents for motorcycles. SUMMARY: The Bureau of Land that the Administrator of General Services I have issued a regulation decreasing the determine the average, actual cost per mile Management (BLM) amends its current 97.5 to 95.5 cents for privately owned regulations pertaining to recordable for the use of each type of POV based on the airplanes, 36.5 to 36.0 cents for privately disclaimers of interest in land. We are results of the cost investigation. Such figures owned automobiles, and 28.0 to 27.5 cents must be reported to Congress within 5 amending the regulation by: removing for privately owned motorcycles. This report working days after the cost determination has the 12-year regulatory filing deadline for to Congress on the cost of operating POVs been made in accordance with 5 U.S.C. states; removing the requirement that an will be published in the Federal Register. 5707(b)(2)(C). applicant be a ‘‘present owner of Pursuant to the requirements of [FR Doc. 03–136 Filed 1–3–03; 8:45 am] record’’ to be qualified under the Act; subparagraph (b)(1)(A) of section 5707 of Title 5, United States Code, the General BILLING CODE 6820–24–P allowing any entity claiming title, not Services Administration (GSA), in just current owners of record, to apply consultation with the Secretaries of Defense for a disclaimer of interest; defining the and Transportation, and representatives of term ‘‘state’’ as it is used in this rule; Government employee organizations, clarifying how we will approve

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disclaimer applications involving identified in the statute. Specifically, This change would conform the another Federal land managing agency. the regulations restrict applicants for a regulations more closely to the Quiet DATES: This rule is effective February 5, disclaimer to ‘‘any present owner of Title Act (28 U.S.C. 2409a(g)) which, in 2003. Any application for a recordable record’’ (43 CFR 1864.1–1). The most instances, exempts states from the disclaimer pending on the effective date regulations also specify information the 12-year statute of limitations under that of this final rule will be subject to this applicant must submit in the act. These two technical changes are the final rule. application and the costs associated only ones that BLM proposed in with submitting an application. For FOR FURTHER INFORMATION CONTACT: Jeff February 2002 to the 1984 regulations. example, an applicant is required to Holdren 202 452–7779. Individuals who submit ‘‘[a]ll documents which show to Basis and Purpose for the Final Rule use a telecommunications device for the the satisfaction of the authorized officer This final rule removes certain deaf may contact Mr. Holdren through the applicant’s title to the lands.’’ (43 restrictions from the current rule that the Federal Information Relay Service at CFR 1864.1–2(c)(3)) This requirement are not required by section 315 of 1–800–877–8339 24 hours a day, 7 days may be waived if BLM believes it is not FLPMA (43 U.S.C. 1745). The final rule a week. needed to properly adjudicate the also reflects a change that Congress SUPPLEMENTARY INFORMATION: application. The regulation requires that made to the Quiet Title Act in 1986 (28 I. What Is the Background of This BLM deny an application if more than U.S.C. 2409a). These amendments to 43 Rulemaking? 12 years have passed since the owner CFR subpart 1864 will make the II. How Did BLM Change the Proposed Rule knew or should have known of the recordable disclaimer regulations more in Response to Comments? alleged claim of the United States (43 consistent with both section 315 of III. Responses to Comments CFR 1864.1–3(a)(1)). FLPMA and the Quiet Title Act. This IV. How Did BLM Fulfill Its Procedural ‘‘Interest in land’’ can pertain to rule will reduce the potentially Obligations? various situations because there are inconsistent administrative I. What Is the Background of This different types of interests a property interpretations and application of the Rulemaking? owner can hold. For example, for a recordable disclaimer regulations by specific parcel of land, interests could Section 315 of the Federal Land eliminating the requirement that an include surface rights, subsurface rights, Policy and Management Act (FLPMA) applicant be a ‘‘present owner of mineral interests, timber interests and authorizes the Secretary of the Interior, record.’’ various other interests which, when Specifically, this final rule amends through a delegation of authority to combined, equate to a fee simple BLM, to issue a document of disclaimer the regulations by incorporating the interest for that parcel. Interests in land following changes to the way we of interest or interests in any lands in can be sold, given away, leased, or any form suitable for recordation, where process disclaimers of interest. The rule: otherwise transferred from one entity to • Eliminates the application deadline the disclaimer will help remove a cloud another by means of various conveyance in 43 CFR 1864.1–3 as it applies to on the title of such lands and where the documents (e.g., deed or patent). They ‘‘states.’’ Secretary determines a record interest of may also be temporarily transferred • Allows any entity claiming title, not the United States in lands has from the one entity to another by means just current owners of record, to apply terminated by operation of law or is of a lease, permit, license, or other such for a recordable disclaimer of interest. otherwise invalid (43 U.S.C. 1745(a)). document. • Defines state as used in this rule. BLM may issue recordable disclaimers Some Federal property interests may • Clarifies how BLM will evaluate to disclaim Federal title in a wide transfer by operation of law to another disclaimer of interest applications variety of instances, including avulsion, entity. For example, the Submerged pertaining to non-BLM federally reliction, or accretion of lands, survey Lands Act (43 U.S.C. 1301–1315), managed lands. errors, clerical errors, or when provides that title to the bed of applicants assert title previously created navigable water bodies passes from II. How Did BLM Change the Proposed under now expired authority. Federal to state ownership when the Rule in Response to Comments? The following statutory requirements state is admitted to the Union. The Act In this preamble, we respond to must be met before the Secretary can does not require that BLM either initiate significant comments we received on issue a disclaimer: or complete this title transfer of land, the February 22, 2002, proposed rule (67 1. An applicant must file a written but by providing a recordable disclaimer FR 8216). Because a majority of application with the Secretary. of interest, BLM may lessen future responses were form letters opposing 2. The Secretary must publish a notice disputes. the rule, we address those comments in the Federal Register of the On February 22, 2002, we published generally. We have directly responded application setting forth the grounds in the Federal Register (67 FR 8216) a to individual substantive comments in supporting it at least ninety days before proposed rule to amend our regulations support of or in opposition to the rule. the issuance of the disclaimer. pertaining to Conveyances, Disclaimers, In response to several comments we 3. The applicant must pay the and Corrections Documents. The have: Secretary the administrative costs proposal sought to amend certain 1. Included a definition of ‘‘state,’’ as associated with issuance of the provisions of the regulations originally it is used in this rule, and disclaimer. The Secretary determines published in 1984. The proposed rule 2. Clarified how BLM will process the amount of the costs. would further the purpose of section disclaimer of interest applications 4. The Secretary must consult with 315 of FLPMA to remove clouds on title affecting non-BLM managed lands. any affected Federal agency. to lands or interests in lands by BLM published regulations allowing any entity claiming title, rather III. Responses to Comments implementing the Secretary’s authority than only a present owner of record, to During the 60-day comment period under section 315 of FLPMA to issue apply for a recordable disclaimer of BLM received about 18,000 comments recordable disclaimers in 1984 (49 FR interest. The proposed rule also sought in support of, or in opposition to, the 35296). These regulations imposed to eliminate the application deadline in proposed rule. Most of the requirements in addition to those section 1864.1–3, as it applies to states. correspondence consisted of form letters

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expressing opposition to the proposed Nevertheless, Congress has passed title Many commenters, including a rule for a variety of reasons. to the state by virtue of the Submerged consortium of 14 environmental groups, Lands Act. Moreover, today’s rule does expressed concern about the General Comments Opposing the not increase the potential for relationship of this rulemaking to the Proposed Rule inconsistent administrative 1996 Congressional moratorium placed Letters opposing the rule generally interpretations. Applications containing on the Department and other Federal stated the rule would: invalid claims will be rejected agencies on R.S. 2477 rulemakings. The • Enable BLM to transfer large tracts regardless of whether they were filed by commenters expressed the view that the of public lands to states; present owners of record or others. proposed rule would be illegal because • Impact sensitive wilderness and A significant number of comments section 108 of the Omnibus Interior roadless areas; and Appropriations Act for Fiscal Year 1997 • asked about the relationship between Adversely affect wildlife and the proposed rule and R.S. 2477. A prohibits Federal agencies from placing habitats by allowing states to build coalition of California conservation into effect any final rule or regulation major thoroughfares through wild land organizations expressed concern that pertaining to the recognition, areas. the proposed rule was intended to management or validity of a right-of- General Comments Supporting the facilitate disclaimers by the United way pursuant to R.S. 2477 unless Proposed Rule States of its interest in lands that are expressly authorized by an Act of Congress (110 Stat. 3009–200). Letters supporting the rule generally used for recreation, conservation, wilderness and other public purposes, We do not believe that the stated the rule would: Congressional moratorium on R.S. 2477 • Maintain access to public lands on as a result of R.S. 2477 right-of-way claims by individuals and local and rulemaking precludes BLM from making existing routes in rural areas; effective this final rule implementing • state governments. The commenters Support state control over routes in the Secretary of the Interior’s authority rural places; and believe that the FLPMA disclaimer-of- • interest procedure was not intended to to issue recordable disclaimers of Ease the process whereby BLM interest in lands. On August 1, 1994, the could transfer public land to states. include R.S. 2477 claims within its scope and that BLM has no legal Department of the Interior proposed We are responding to these general new regulations (59 FR 39216) to create comments as they arise in the context of authority to employ the disclaimer provisions to process, acknowledge or an administrative process for resolving more specific substantive comments on right-of-way claims made under R.S. the proposed rule. determine the existence or extent of R.S. 2477 rights-of-way. 2477. Before the R.S. 2477 proposed Several commenters claimed that the rule was published as a final rule, Revised Statutes (R.S.) 2477, first proposed rule is illegal because 43 Congress enacted a moratorium enacted as section 8 of the Mining Act U.S.C. 1745 does not allow BLM to alter prohibiting any Federal agency from of 1866, states that ‘‘the right-of-way for the intent of the statute from the present preparing, promulgating, or owner of record to ‘‘any entity claiming the construction of highways over implementing any rule or regulation title to lands.’’ Other commenters public lands, not reserved for public regarding R.S. 2477 rights-of-way until asserted that the proposed changes are uses, is hereby granted.’’ 43 U.S.C. 932 September 30, 1996. This provision was inconsistent with 43 CFR Subpart 1864 (repealed 1976). R.S. 2477 was repealed an amendment to the National Highway because they do not further the purpose by FLPMA on October 21, 1976 (Pub. L. System Designation Act of 1995 (Pub. L. of 43 U.S.C. 1745 and would lead to an 94–579, Sec. 706(a), 90 Stat. 2744, 104–59, 109 Stat. 568, 617–18 (1995)). increase in inconsistent administrative 2793). FLPMA did not terminate valid Congress extended the prohibition on interpretations, and would allow rights-of-way existing on the date of its ‘‘developing, promulgating, and anyone to make a claim, not just the approval (Sec. 509(a), 90 Stat. 2781, 43 thereafter implementing a rule existing owners of record. U.S.C. 1769; Sec. 701(a), 90 Stat. 2786, concerning rights-of-way under section We disagree. The term ‘‘present owner 43 U.S.C. 1701 note). In most instances, 2477 of the Revised Statutes’ in the of record’’ is not found in FLPMA. In R.S. 2477 rights-of-way were not Fiscal Year 1996 Interior and Related the existing regulations, published in recorded on the public land records or Agencies Appropriations Act (Pub. L. 1984, BLM required the applicant to be in official county records because R.S. 104–134, 110 Stat. 1321, 1321–177 a present owner of record to prelude 2477 did not require any formal (1996)). In section 108 of the Fiscal Year third parties having no property interest approval from the Secretary of the 1997 Department of the Interior and in the lands in question from applying Interior or other Federal government Related Agencies Appropriations Act for a recordable disclaimer. We think official. The uncertainty resulting from (Interior Appropriations Act, 1997) this present-owner-of-record unrecorded rights-of-way under R.S. (Pub. L. 104–208, 110 Stat. 3009, 3009– requirement is inconsistent with the 2477 has created clouds on title. 200 (1996)), Congress stated that: actual language of section 315 of FLPMA authorizes the Secretary of No final rule or regulation of any FLPMA. The present-owner-of-record the Interior to issue recordable agency of the Federal Government concept artificially limits FLPMA’s goal disclaimers of interest in lands in pertaining to the recognition, of eliminating clouds on title. A cloud specified cases if the disclaimer will management, or validity of a right-of- on title is less likely when there is also help remove a cloud on the title to lands way pursuant to Revised Statute 2477 an actual present owner of record. Land or interests in lands and if the Secretary (43 U.S.C. 932) shall take effect unless title disputes often arise with parties finds no Federal interest (43 U.S.C. expressly authorized by an Act of who have gained title by operation of 1745(a)). Recordable disclaimers may be Congress subsequent to the date of law, such as states that obtained title issued where applicants assert title enactment of this Act. under the Submerged Lands Act to previously created under now expired Section 108 could be construed as lands under navigable bodies of water. authorities. For example, after either permanent legislation or as For example, a state applying for a adjudicating the claim, BLM may issue having expired at the end of fiscal year recordable disclaimer may not have a a recordable disclaimer of interest to 1997. If section 108 is construed as record of the state’s title to the lands in disclaim the United States’ interest in a permanent legislation, it would prohibit question in a county clerk’s office. highway right-of-way under R.S. 2477. the Department from making effective a

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final rule or regulation pertaining to the Section 108 contains broad language section 1864.1–3, as it applies to states. ‘‘recognition, management, or validity’’ and does not indicate which final rules This change conforms the regulations to of a right-of-way pursuant to R.S. 2477. or regulations are encompassed by the the Quiet Title Act, 28 U.S.C. 2409a(g), In 1997, the General Counsel of the words ‘‘pertaining to the recognition, which exempts states, in most instances, General Accounting Office (GAO) issued management, or validity of a right of from the twelve-year statute of an opinion concluding that section 108 way pursuant to Revised Statute 2477.’’ limitations under that Act. These is permanent law and did not expire at The legislative history, however, changes to the existing regulations do the end of the 1997 fiscal year (Letter of indicates that Congress enacted section not expand the kinds of circumstances Robert P. Murphy, General Counsel, 108 to prevent the Department of the in which a disclaimer could be issued, GAO, B–277719, at 1 (Aug. 20, 1997)). Interior from promulgating final rules expand or modify any rights created, or Even if section 108 is permanent and regulations setting out specific create any new rights under R.S. 2477. legislation, it only applies to ‘‘final rules standards for R.S. 2477 rights-of-way. BLM may issue recordable disclaimers or regulations’’ relating to the (See H.R. Rep. No. 104–625, at 58 relating to valid R.S. 2477 rights-of-way ‘‘recognition, management, or validity of (1996)). Instead, Congress itself wanted under the existing 1984 regulations, and a right-of-way’’ pursuant to R.S. 2477. to enact legislation defining the key this capability will continue under Because today’s final rule merely terms and scope of grants for R.S. 2477 today’s final rule. amends BLM’s existing regulations, rights-of-way. The House Committee on Even if BLM were to issue a which define the administrative process Appropriations stated that: disclaimer of the United States’ interest by which an entity can apply for a [T]he public interest will be better in a valid right-of-way under R.S. 2477, recordable disclaimer of interest under served if these grants [for highway the recognition of such right-of-way section 315 of FLPMA, the section 108 rights-of-way across Federal land] to would not be the result of this notice- moratorium does not apply to this final States and their political subdivisions and-comment rulemaking but, rather, an rule. are not put in jeopardy by the informal agency adjudication resulting If section 108 were interpreted to Department pending Congressional in a final decision. (See 5 U.S.C. 551(7)) clarification of these issues. Section 109 The legislative history of section 108 prevent BLM from promulgating a does not limit the ability of the expressly states that Congress ‘‘does not regulation relating to recordable Department to acknowledge or deny the limit the ability of the Department to disclaimers of interest, section 108 validity of claims under RS 2477 or acknowledge or deny the validity of would, in essence, partially repeal limit the right of grantees to litigate their claims under RS 2477 or limit the right sections 310 and 315 of FLPMA (43 claims in any court. of grantees to litigate their claims in any U.S.C. 1740, 1745). Under section 310, Section 109 of H.R. 3662, the court.’’ (H.R. Rep. No. 104–625, at 58 BLM is authorized to ‘‘promulgate rules Department of the Interior and Related (1996)). Because BLM’s rule is not a and regulations to carry out the Agencies Appropriations Bill, 1997, was final rule or regulation relating to the purposes of this Act and of other laws renumbered section 108 after the Senate ‘‘recognition, management, or validity of applicable to the public lands.’’ Section Appropriations Committee deleted a right-of-way pursuant to Revised 315 is the specific substantive authority section 107, an unrelated section of H.R. Statute 2477,’’ this rule is not subject to for BLM’s disclaimer regulations (43 3662, in its entirety (S. Rep. No. 104– the moratorium in section 108 of the U.S.C. 1745(c)). As a general rule, courts 319, at 56 (July 16, 1996)). The 1997 Interior Appropriations Act. do not favor repeals by implication. In Appropriations Committee reported the Several commenters expressed Morton v. Mancari (417 U.S. 535, 550 bill to the Senate and recommended it concerns that today’s rule will enable (1974)), the Supreme Court stated: ‘‘In pass, as amended. Accordingly, when states to make ‘‘illegal’’ R.S. 2477 claims the absence of some affirmative showing Congress enacted section 108, it did not on ‘‘cow paths’’ and ‘‘foot trails’’ and of an intention to repeal, the only intend to prohibit the promulgation of turn them into major thoroughfares in permissible justification for a repeal by all final rules and regulations that may, sensitive areas. implication is when the earlier and later directly or indirectly, address R.S. 2477 We disagree that the changes to the statutes are irreconcilable.’’ In rights-of-way but, rather, those that existing rule will allow illegal claims. If Tennessee Valley Authority v. Hill (437 provide standards for recognizing, an applicant does not have a valid, legal U.S. 153, 190 (1978)), the Supreme managing or validating an R.S. 2477 title, BLM will reject the disclaimer Court stated that the doctrine right-of-way. application. The existing 1984 rule and disfavoring repeals by implication Today’s rule on recordable today’s final rule are the same in this applies with even greater force when the disclaimers does not provide standards regard. claimed repeal rests solely on an for recognizing managing, or validating The Southern Utah Wilderness appropriations act. an R.S. 2477 right-of-way. Rather, BLM’s Alliance (SUWA) opposed the Although repeals by implication are rule merely makes technical changes to rulemaking because it did not mention especially disfavored in the the existing regulations under which an any case law, particularly SUWA and appropriations context, Congress applicant may submit an application to Sierra Club v. BLM, (96–CV–836C (D. nonetheless may amend substantive law remove a cloud on title to lands to Utah); appeal pending, No. 01–4173 in an appropriations statute if Congress which the United States asserts no (10th Cir.)). SUWA believes this does so clearly. (Robertson v. Seattle ownership or interest. First, the rule omission invites attempts to evade Audubon Society, 503 U.S. 429, 440 amends the existing regulations to allow application of this case and others in an (1992)). The question depends on the any entity claiming title, as opposed to effort to validate R.S. 2477 claims which intention of Congress as expressed in only present owners of record, to apply could never meet the legal prerequisites. the statute. See United States v. for a recordable disclaimer of interest. The group also asserted that the Mitchell, 109 U.S. 146, 150 (1883). This change eliminates inconsistent proposed rule did not describe the Therefore, unless Congress clearly administrative interpretations of the standards BLM would apply in intended to amend sections 310 and 315 owner-of-record requirement, a term determining whether to grant recordable of FLPMA, section 108 of the Interior that is not defined in the existing 1984 disclaimers. Appropriations Act, 1997, and sections regulations. Second, the final rule This rulemaking pertains only to 310 and 315 of FLPMA are all effective. eliminates the application deadline in disclaimers and not to any assertions

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made by various entities for R.S. 2477 were confusing and obfuscated facts land, allow mining claims to be filed, or claims. Therefore, a discussion of this relating to R.S. 2477. The commenter administer the lands for appropriate case law is not germane to today’s also expressed concern that the purposes. BLM may issue recordable rulemaking. proposed rule could allow ‘‘counties disclaimers for interests in land and is An Alaskan environmental group and other ‘sagebrush rebel’ entities in not limited to disclaiming only fee believes the proposed rule is not the West to file claims for public lands, simple title. necessary to provide appropriate access with minimal processing of claims and An environmental group believes across Alaska lands because there exist no time limitations.’’ Lastly, the BLM has purposefully and incorrectly statutory processes to determine rights- commenter believes the rule will result stated the purpose and intent of the of-way for roads and other access across in increased trespass incidents and proposed rule by citing it as a relatively most of the land affected by R.S. 2477 other illegal activity by those wishing to minor revision to an obscure regulation assertions. The group also states that lay claim under the proposed rule with little substantive impact. The recognizing R.S. 2477 assertions under change to public lands, creating long group believes this hampered the public the proposed rule will undermine these term effects on the entire western review process by not informing the established processes and frustrate land ecosystem and native species. public about the importance of this management efforts of responsible BLM regrets that the Question and proposed rule. public and private landowners. Answer document was confusing to the We disagree that this rulemaking is a The existing regulations already allow commenter and did not create the major regulatory action. We believe that applications for disclaimers for R.S. clarity we intended. BLM intends that we adequately and accurately presented 2477 rights-of-way, and this has not this preamble will clear up any the purpose and intent of the proposed undermined established processes for misunderstanding regarding this rule. The rulemaking makes technical determining access. This rulemaking rulemaking. As we have stated, this changes to the existing rule. These makes technical changes to the existing rulemaking does not change the changes are outlined within the rule. requirements for asserting title to an SUMMARY section of this preamble. BLM Many commenters, including the R.S. 2477 right-of-way. The rulemaking has issued 62 recordable disclaimers Idaho County Farm Bureau, and the is intended only to make it easier for since the enactment of FLPMA in 1976; consortium of environmental groups, BLM to clear up clouded titles when the on average, fewer than 3 recordable expressed concern that BLM is United States has no interest in the disclaimers annually. proposing the rule to circumvent lands in dispute. A disclaimer of The Blue Ribbon Coalition supported FLPMA and Congressional restrictions interest does not convey an interest in the proposed rule and asked BLM to against implementing R.S. 2477 rights- land. It is an administrative clarify whether a disclaimer of interest of-ways. The commenters assert that determination that the United States process must be followed for each and Congress provided a means to grant does not have an interest in land. every right-of-way under consideration. rights-of-way under FLPMA, negating The Local Highway Technical The group also asked BLM to explain the need for R.S. 2477. The focus of Assistance Council of Boise, Idaho, how difficult and complex the process their concern is that this proposed rule asked BLM to clarify the current means would be for the applicant and the BLM will allow states to acquire sensitive besides FLPMA that can be used to for other types of interest that may be lands, the BLM to circumvent the secure a right to an R.S. 2477 highway disclaimed under section 315. environmental impact review process, reservation. An applicant may apply for as many and the BLM’s ability to charge fair FLPMA repealed R.S. 2477 in 1976. disclaimers as it has clouded titles market value rentals under Title V of There is no longer any way to secure a which may benefit from the process. FLPMA. new right to an R.S. 2477 right-of-way. The complexity of the process depends FLPMA repealed R.S. 2477 and An existing owner of an R.S. 2477 right- upon the nature of the ownership provided for applications for new rights- of-way may apply for a recordable sought. Titles clouded by avulsion, of-way. Sections 509(a) and 701(h) of disclaimer under existing regulations or reliction or accretion may require FLPMA also preserved valid existing as amended in this final rule. A quiet historic maps and patents and newly- rights-of-way. Therefore, although title action in federal court is the only created data, such as aerial photographs. FLPMA created more flexible authority other way to resolve R.S. 2477 claims State applications for disclaimers for to address right-of-way issues, it did not with finality. The purpose of section submerged lands may require detailed displace existing rights-of-way 315 of FLPMA is to avoid litigation in studies of water levels and commercial authorized by Congress. Federal court. traffic at the time of statehood. States may seek disclaimers to The Nye County Commissioners, A consortium of environmental sensitive lands for which they already Nevada, believe that the proposed rule groups believes the proposed rule hold title. For example, submerged may resolve some questions relating to changes would have a direct effect on lands under navigable bodies of water R.S. 2477 rights-of-way but are private property land rights because it may be environmentally sensitive. concerned that the proposed rule is would lead to numerous rights-of-way Congress, however, granted states title inapplicable to R.S. 2477 rights-of-way crossing state and private land. The to these lands. A disclaimer would (or any other rights-of-way), because the commenters also believe the proposed merely provide evidence of an existing United States continues to hold a valid rule will ‘‘cloud title’’ to large amounts title. Because the state already owns interest in underlying lands. The of public and private land by extending such lands, there would be no need for Commissioners expressed support for the time that states are allowed to file environmental studies or rental BLM’s effort but did not support the claims. The commenters are concerned payments. proposed rule. that the rulemaking will affect private A commenter opposed the proposed If a state made a valid R.S. 2477 right- property owners and title insurance rule because the commenter believes of-way claim on public land, only the companies because BLM has not made that the proposed rule change is not rights pertaining to the right-of-way are any effort to notify them of these necessary. The commenter also stated authorized for use. The commenter is potential impacts. the BLM Questions and Answer sheet correct that the BLM would retain all Today’s rule will not adversely affect and press release accompanying the rule other rights, such as the right to sell the private property land rights. As we have

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stated, this rulemaking pertains to Regarding the group’s suggestion that disclaimer documents when BLM disclaimers of interest in federal lands. BLM seek public input to determine determines that a disclaimer of interest It does not apply to private or state ownership of public lands, the point is application is valid. Under the existing lands. BLM does not anticipate that title not determining ownership of lands, but 1984 regulations, BLM will refer an to private land will become clouded by rather how to remove clouds on title to application involving lands implementation of this final rule. We land to which the United States administered by another agency to that expect the opposite to occur—title disclaims title. In this case we continue agency for review and comment. issues arising from a variety of issues the existing process. The U.S. Forest Service provided may now be resolved by means of The Gilpin County Commissioners, comments generally supporting the issuing a disclaimer of interest. Colorado, expressed concern about the proposed rule. We believe its comments Commenters asserted that the rule’s potential to open ‘‘historic roads are also helpful in responding to the proposed rule would enable BLM to and tracks,’’ increase threats of erosion, above concerns. The Forest Service transfer large tracts of public lands to and introduce noxious weeds into stated: states and increase environmental unroaded areas. The commissioners If implemented the proposed rule impacts on sensitive areas. believe this rule could harm small could improve our abilities to resolve BLM may issue a disclaimer only ranchers who have rights on BLM lands. certain forms of land title claims by when an applicant can show that a This final rule will not result in the states, such as title to the beds and specific property right is not held by the situations the commenters pose. The banks of navigable streams, and for United States and the applicant has applicant would already own any land rights-of-way for highways under the requested that BLM document this by or interests disclaimed. With or without Revised Statute (‘‘RS’’) 2477 (repealed). means of a recordable disclaimer. The the disclaimer the same impacts would Currently there is no administrative rule would not enable BLM to transfer occur, so there is no environmental process available for states or land vast tracts of land to states. Any land impact from this rule. The rule does not management agencies like the Forest Service, to resolve such title claims; the disclaimed would already be owned by apply to private lands and does not process is time consuming and requires the applicant, with or without the affect grazing permits. expensive litigation in Federal Courts. disclaimer. This rule would not result in The San Bernardino County, * * * [T]he proposed rule for either an increase or decrease in Department of Public Works, California, recordable disclaimers of title would environmental impacts. and others, asked whether an applicant provide a useful tool in resolving some States may apply for recordable must apply and be denied a right-of-way under the FLPMA or other statute before state land title claims. With the addition disclaimers for valid R.S. 2477 claims. of a provision stating BLM will not Applications will be evaluated on their requesting a disclaimer of interest. The denial of a right-of-way authorize any application over the merits and, if the claims are valid, BLM objections of the Forest Service for may issue a disclaimer of interest. application under FLPMA has no bearing on a request for a disclaimer of claims on National Forests, we would Another environmental group was interest. strongly support the proposal. concerned that the rulemaking will Several commenters, including The BLM has responded to the Forest circumvent the public comment National Parks Conservation Service’s comments by adding language procedure by placing the determination Association, and the Nye County to the final rule clarifying that BLM will of ‘‘interest’’ in the hands of the agency. Commissioners, Nevada, asked how the not issue a disclaimer of interest over The group does not believe BLM has BLM can process disclaimers of interest the valid objections of the surface made provisions for public notice, on behalf of another surface managing agency having jurisdiction comment, participation, or appeal of its management agency because BLM’s over the affected lands. disclaimers which they believe deprives mandate may differ from that of other Gilpin County, Colorado, and Valley the public of protections during the agencies. The commenters raised the County, Idaho, expressed concern that process of determining the ownership of following concerns: the proposed $100 fee is ambiguous and federal lands. • The final rule may alienate excessive. Valley County asked if the Today’s rule does not impede or thousands of acres of park lands and application fee would apply to each remove opportunities for public notice instigate construction of roads and other route upon which an assertion is made. or appeal provisions for disclaimers. structures on NPS lands. They are concerned that this could The existing regulations at Subpart 43 • The proposed rule could frustrate result in hundreds of dollars in fees for CFR 1864 address the group’s concerns Congressional intent for the protection large counties. Gilpin County requests about public input. Specifically, section and management of resources contained that BLM consider a one-time 1864.2 provides that BLM must file a within the National Park system. processing fee for a block of notice of the application and the • It is not clear how the rule will applications. grounds supporting it in the Federal apply to lands under the jurisdiction of We disagree that the $100 application Register at least 90 days before a DOI agencies other than BLM. fee, which exists in the current decision is made on the application. • How will the rule pertain to lands regulations, is ambiguous and excessive. Also, BLM publishes a notice describing that were under BLM jurisdiction in The existing regulations at 43 CFR the application and its justification in a 1976, but which have since been 1864.1–2(b) provide that ‘‘a newspaper serving the general vicinity transferred by Congress to other DOI nonrefundable fee of $100 shall of the lands that are the subject of agencies? accompany the application.’’ This fee application for three consecutive weeks Section 315 gives the Secretary of the will not change as a result of this during the 90-day time period. Today’s Interior the authority to issue recordable rulemaking. Subpart 1864 distinguishes rule does not address this section. disclaimers when a record interest of between filing fees and administrative Under 43 CFR 1864.4, ‘‘an applicant or the United States in lands, whether processing costs. Neither the proposed claimant adversely affected by a written managed by Interior or not, has rule nor today’s final rule alter these decision of the authorized officer’’ may terminated by operation of law or is requirements. appeal to the Interior Board of Land otherwise invalid. The Secretary has The San Bernardino County Appeals under 43 CFR part 4. delegated the authority to BLM to issue Department of Public Works in

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California criticized any potential cost administrations will have the authority FLPMA neither uses nor defines this recovery that the rulemaking may to change the rule. phrase. In real property parlance, the impose because the number of claims The Secretary has already delegated term ‘‘present owner of record’’ usually the county might potentially file could the authority to process disclaimers of refers to a property owner in whose create a financial burden on San interest to the BLM Director, who in name the title appears in the official Bernardino County . turn has delegated this authority to State records of a county recorder’s office or This rulemaking does not change Directors. Delegations of authority are other office of record. Thus, it appears BLM’s application procedures or fee always subject to change. that the phrase ‘‘present owner of structures and does not involve cost A commenter asked if the rule would record’’ in section 1864.1–1 potentially recovery. Each application would be apply to unpatented mining claims or could limit applications for a disclaimer subject to the $100 application fee other mineral interests. of interest in a way that would unduly unless BLM waives it. Section 304(c) of The rule will not apply to a mining restrict the Secretary’s broad authority FLPMA authorizes the Secretary, claim title. Title to mining claims is under section 315 of FLPMA. through BLM, to either reduce or determined under the General Mining Today’s rule amends this paragraph eliminate charges for administrative Law of 1872, as amended, and BLM by removing the phrase ‘‘present owner costs. BLM will continue to place the regulations at 43 CFR Part 3800. BLM of record’’ and replacing it with ‘‘any money it collects into the U.S. Treasury will determine whether the rule applies entity claiming title to lands.’’ This for use for various public purposes. If to clouded private mineral interests on change clarifies that it is the interest in BLM receives multiple applications, the a case-by-case basis. In general, the the lands, rather than record ownership, individual case costs should be less, or public obtains Federal mineral interests that determines whether an entity is BLM may waive the processing costs if through leases BLM issues under the eligible to apply for a disclaimer of many applications cover similar types of Mineral Leasing Act (30 U.S.C. 181 et interest. This change also broadens the filings. seq.), or sales authorized by the class of potential applicants for A commenter stated the proposed rule Materials Act of 1947 (30 U.S.C. 601 et disclaimers of interest, which could does not specify how to process the seq.). application or reference what the include, among others, a state, application requirements will be. The Section 1864.0–5 Definitions corporation, county, or a single commenter says BLM must be specific In response to several comments we individual. The language is unchanged about these and reference them in the are adding language to section 1864.0– from the proposed rule. final rule. 5 in today’s rule to clarify that the term Several commenters did not think BLM has addressed the application ‘‘state.’’ As used in this rule, we define BLM was clear on the standards we will requirements in the existing regulations ‘‘state’’ as ‘‘the state and any of its apply when determining whether or not at 43 CFR 1864.1–2. The final rule does creations including any governmental to issue a disclaimer of interest. The not alter these requirements. instrumentality, within a state, commenters urged BLM to apply Another commenter asked how the including cities, counties, or other standards that are ‘‘crisp, rigorous, and public will know whether the fee and official local governmental entities.’’ conform to recent federal case law.’’ The deposit are fair, if only BLM determines The Commissioners of Valley County, commenters believe that because an what fees the applicant must pay. Idaho, believe the term ‘‘state’’ as used applicant doesn’t need to have color of BLM is planning to issue guidance to in the proposed rule to determine who title to request a disclaimer of interest, field offices on how to establish fees and would receive the benefit of the waiver this makes the proposed rule an ‘‘illegal parameters to ensure fairness. The of the 12-year filing deadline, is too land granting statute.’’ The commenters guidelines will include a provision that restrictive because the state may not state that BLM must also correct the returns a portion of the fee if the always support local government language of the original 1984 regulation application is denied. (Until those assertions and could prevent local (section 1864.0–5) purporting to define guidelines are completed, 43 U.S.C. government’s from filing applications lands to include lands ‘‘now or formerly 1735(a) provides an explanation of how for disclaimers of interest. The forming a part of the reserved or BLM handles deposits and forfeitures.) Commissioners recommended that the unreserved public lands.’’ 43 CFR 1864.1–3(c) (Action on regulations provide for local application) and 43 CFR 1864.2(a) We disagree with the commenters. governments to apply directly. BLM did not identify specific standards (Decision on application) explain BLM’s We have defined the term ‘‘state’’ to because applicants can make a wide procedure for billing an applicant for a include local governments. We do not variety of disclaimer applications. The disclaimer of interest application. BLM believe the rule will create restrictions issuance of a disclaimer does not grant has chosen not to estimate an average upon states or other governmental land to anyone. It merely documents cost to process a disclaimer of interest instrumentalities within the state. States that the United States has no valid application because of the variable may file an application for a disclaimer interest in the land. Requirements for factors in each application. However, on where a title defect appears to exist. how and what an applicant must file are a case-by-case basis, we inform the Because counties and other entities of found in the existing regulations at 43 applicant of the estimated costs. When local government are within the CFR 1864.1–2. the application processing is completed, jurisdiction of a state, they will have the BLM will give the applicant a final same rights as a state. The waiver We also disagree that we should accounting, which will either require applies to counties by definition. change our definition of ‘‘lands.’’ Often payment of additional fees, or, if an lands have been transferred from applicant has overpaid BLM, we will Section 1864.1–1 Filing of Application Federal to private ownership, but a issue a refund. Today’s rule does not Current section 1864.1–1 (a) provides, residual interest in the lands remains change the process. in part, that any ‘‘present owner of with the Federal government either by A commenter asked whether BLM record may file an application to have design or error. The disclaimer of State Directors should have the a disclaimer of interest issued.’’ The interest rule is in place to correct such authority to issue disclaimers of phrase ‘‘present owner of record’’ is not errors if they are found to cause a cloud interest. Otherwise, subsequent defined in Subpart 1864. on a title.

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Section 1864.1–3 Action on IV. How Did BLM Fulfill Its Procedural will not have an annual effect on the Application Obligations? economy greater than $100 million, nor will it result in major cost or price E.O. 12866, Regulatory Planning and Section 1864.1–3(a)(1) currently increases for consumers, industries, Review provides, in part, that the BLM will government agencies, or regions. It will deny an application for a disclaimer if This regulation is not a ‘‘significant not have significant adverse effects on ‘‘[m]ore than 12 years have elapsed regulatory action’’ as defined in section competition, employment, investment, since the owner knew or should have 3(f) of Executive Order 12866. Therefore productivity, innovation, or the ability known of the alleged claim attributed to it does not require an assessment of of United States-based enterprises to the United States.’’ This deadline was potential benefits and costs, nor does it compete with foreign-based enterprises. modeled after the statute of limitations require an explanation pertaining to the Unfunded Mandates Reform Act in the Quiet Title Act, which also manner in which the regulatory action includes a disclaimer provision (28 is consistent with a statutory mandate BLM has determined that this rule is U.S.C. 2409a(e)). The Quiet Title Act and, to the extent allowed by law, not significant under the Unfunded now provides that ‘‘any civil action promotes the President’s priorities and Mandates Reform Act of 1995, 2 U.S.C. under this section, except for an action avoids undue interference with state, 1532, because it will not result in state, brought by a state, will be barred unless local, and tribal governments in the local and tribal government, or private it is commenced within twelve years of exercise of their governmental sector expenditures of $100 million or the date upon which it accrued. Such functions. Because this rule is not a more in any one year. This rule will not action will be deemed to have accrued ‘‘significant regulatory action’’ the significantly or uniquely affect small on the date the plaintiff or his Office of Management and Budget has governments. not reviewed this rule under Executive predecessor in interest knew or should Executive Order 12630, Government have known of the claim of the United Order 12866. Commenters asserted that the Action and Interference With States.’’ (28 U.S.C. 2409a(g)). rulemaking is a significant regulatory Constitutionally Protected Property As enacted in 1972, the Quiet Title action because it relates directly to R.S. Rights (Takings) Act subjected all parties, including 2477 claims and will, therefore, cause In accordance with Executive Order states, to the 12-year limitation period. adverse impacts to the environment; 12360, BLM has found that the rule does In 1986, Congress amended the Quiet presents novel legal issues; and is not have significant takings Title Act to exempt states from this 12- inconsistent with the actions of another implications. No takings of personal or year statute of limitations in most agency. real property will occur as a result of instances. However, BLM has not We disagree and stand by our analysis this rule. The rule broadens the updated 43 CFR 1864.1–3(a), issued in that the rule is not a significant opportunity for the United States to 1984, to reflect the 1986 change in the regulatory action. Today’s rule does not issue disclaimers of interest in land, Quiet Title Act. Thus, today’s rule change the basic process for issuing thereby making it easier to remove amends this section to be more recordable disclaimers and will not clouds on title to certain lands. A consistent with the Quiet Title Act. have additional environmental impact, takings implication analysis is not will better conform to existing statutes, required. Today’s rule adds language exempting and better explains how the disclaimer states from the 12-year filing deadline to Executive Order 13132, Federalism process relates to other agencies. allow states, as we have defined this In accordance with Executive Order term in this rule, to apply for Regulatory Flexibility Act 13132, BLM finds that the rule does not disclaimers of interest under FLPMA at Congress enacted the Regulatory have sufficient Federalism implications any time. We also made editorial Flexibility Act of 1980 (RFA), as to warrant the preparation of a changes to this section and brought up- amended, 5 U.S.C. 601–612, to ensure federalism summary impact assessment. to-date a reference to another section. that Government regulations do not The rule does not have substantial Section 1864.1–4 Consultation With unnecessarily or disproportionately direct effects on states, on the relationship between the national Other Agencies burden small entities. The RFA requires a regulatory flexibility analysis if a rule government and states, or on the The existing regulations at 43 CFR would have a significant economic distribution of power and 1864.1–4 direct BLM to refer disclaimer impact, either detrimental or beneficial, responsibilities among the various applications to the affected Federal on a substantial number of small levels of government. The rule does not agency for comment before making a entities. BLM has determined that this preempt state law. The rule broadens decision on the application. As a result proposed rule would not have a the opportunity for states and other of comments BLM added provisions to significant economic impact on a entities to apply for a disclaimer of today’s rule stating that if a surface substantial number of small entities interest in land, thereby removing management agency has a valid under the RFA (5 U.S.C. 601 et seq.). clouds on the title to certain lands. objection to an application, BLM will The changes to the current rules will A commenter believes the rulemaking reject the application. If the application have no impact on an applicant’s costs will impact the public under Executive Order 13132 because the rulemaking is approved by the surface management for filing or processing an application would change Federal and state land agency, then BLM can issue a recordable for a disclaimer of interest which ownership. disclaimer of interest. currently consist of a one-time filing fee of $100 and fact-specific processing We disagree. Although states will gain We specifically made the change in costs with provisions for a fee waiver. an additional ability to apply for reponse to the U.S. Forest Service disclaimers because we are removing comments by clarifying in this final rule Small Business Regulatory Enforcement the states’ 12-year filing deadline, no how BLM will handle disclaimer of Fairness Act (SBREFA) substantive changes in ownership interest applications for lands managed This regulation is not a ‘‘major rule’’ would occur because recordable by another land managing agency. as defined at 5 U.S.C. 804(2) because it disclaimers may only be issued for

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interests which the Federal government environmental effect is too broad, Code of Federal Regulations as set forth no longer claims. speculative or conjectural to analyze. below: A commenter believes BLM was Executive Order 13175, Consultation incorrect in asserting that the proposed PART 1860—CONVEYANCES, and Coordination With Indian Tribal rule is categorically excluded from DISCLAIMERS, AND CORRECTIONS Governments review under NEPA, arguing that there DOCUMENTS In accordance with Executive Order are several exceptions requiring the Subpart 1864—Recordable Disclaimers 13175, BLM finds that this rule does not proposed rule to undergo NEPA review, of Interest in Land propose significant changes to BLM including the potential adverse effects policy and that Tribal Governments will on parks, recreation, wilderness, and 1. The authority citation for subpart not be unduly affected by this rule. refuge lands, and the proposed rule’s 1864 is added to read as follows: The State of Alaska supported the potentially controversial environmental Authority: 43 U.S.C. 1201, 1740, and 1745. proposed rule and asked if a disclaimer effects. of interest could be applied to Indian We disagree. BLM believes that the 2. Amend Section 1864.0–5, by trust or restricted Indian lands. rule, as written, is exempt from NEPA adding paragraph (h) to read as follows: BLM will reject all applications for a for the reasons stated in the proposed § 1864.0–5 Definitions. disclaimer of interest on trust or rulemaking. It is not possible to restricted Indian lands (43 CFR 1864.1– determine the number of filings under * * * * * 3(b)(2) of today’s rule). Indian trust the FLPMA provision, nor can BLM (h) State means ‘‘the state and any of lands are defined in 25 CFR 150.2(h) as determine where such filings will be its creations including any ‘‘an inclusive term describing all lands made. governmental instrumentality within a held in trust by the United States for state, including cities, counties, or other Individual Indians or tribes, or all lands, Executive Order 13211, Action official local governmental entities.’’ titles to which are held by individual Concerning Regulations That 3. Revise § 1864.1–1 to read as Indians or tribes, subject to the Federal Significantly Effect Energy Supply, follows: Distribution, or Use restrictions against alienation or § 1864.1–1 Filing of application. encumbrance, for all lands which are In accordance with Executive Order (a) Any entity claiming title to lands subject to the rights of use, occupancy, 13211, BLM finds that this rule will not may file an application to have a and/or benefit of certain tribes.’’ For have a significant adverse effect on the disclaimer of interest issued if there is purposes of this part, the term ‘‘Indian supply, distribution, or use of energy. reason to believe that a cloud exists on land’’ also includes land for which title The supply, distribution or use of the title to the lands as a result of a is held in fee status by Indian tribes and energy will not be unduly affected by claim or potential claim of the United U.S. Government-owned lands under this rule. States and that such lands are not the Bureau of Indian Affairs subject to any valid claim of the United jurisdiction. This rulemaking has no Clarity of the Regulations Each Federal agency is required to States. bearing on these lands. (b) Before you actually file an write regulations that are simple and application you should meet with BLM Executive Order 12988, Civil Justice easy to understand and to solicit to determine if the regulations in this Reform comments and suggestions from the In accordance with Executive Order subpart apply to you. public on the readability of the rule. (c) You must file your application for 12988, the Office of the Solicitor has A commenter stated the rulemaking a disclaimer of interest with the proper determined that this rule does not was unclear because it does not mention BLM office as listed in § 1821.10 of this unduly burden the judicial system and R.S. 2477, although BLM’s Questions title. meets the requirements of sections 3(a) and Answers and Press Release pertain 4. Revise § 1864.1–3 to read as and 3(b)(2) of the Order. specifically to R.S. 2477. follows: We disagree. This rulemaking pertains Paperwork Reduction Act to the issues of recordable disclaimers § 1864.1–3 Action on application. BLM has determined this rulemaking and, therefore, we saw no need to (a) BLM will not approve an does not contain any new information address specific R.S. 2477 rights-of way application, except for applications filed collection requirements that the Office types of recordable disclaimers in the by a state, if more than 12 years have of Management and Budget must preamble to the proposed rule. Our elapsed since the applicant knew, or approve under the Paperwork Reduction mention of R.S. 2477 in BLM’s should have known, of the claim of the Act of 1995 (44 U.S.C. 3501 et seq.). Questions and Answers and Press United States. National Environmental Policy Act Release generated significant comments (b) BLM will not approve an about the relationship of this rule to R.S. application if: BLM has determined that this 2477, which we have addressed in (1) The application pertains to a rulemaking is categorically excluded today’s preamble. security interest or water rights; or from environmental review under (2) The application pertains to trust or section 102(2)(C) of the National List of Subjects in 43 CFR Part 1860 restricted Indian lands. Environmental Policy Act, under 516 Administrative practice and (c) BLM will, if the application meets Departmental Manual (DM), Chapter 2, procedure, Public lands. the requirements for further processing, Appendix I, Item 1.10, and has Dated: December 31, 2002. determine the amount of deposit we concluded that the rule does not meet need to cover the administrative costs of Rebecca W. Watson, any of the ten exceptions to the processing the application and issuing a categorical exclusions listed in 516 DM, Assistant Secretary of the Interior. disclaimer. Chapter 2, Appendix 2. Under 516 DM, Accordingly, for the reasons stated in (d) The applicant must submit a Chapter 2, Appendix 1, § 1.10, this rule the preamble and under the authority of deposit in the amount BLM determines. is categorically excluded because it is the FLPMA (43 U.S.C. 1740), BLM (e) If the application includes what procedural in nature, therefore its amends Subpart 1864 of Title 43 of the may be omitted lands, BLM will process

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it in accordance with the applicable released December 20, 2002. The full Latitude and 82–57–58 West Longitude. provisions of part 9180 of this title. If text of this document is available for The Audio Division, at the request of BLM determines the application public inspection and copying during Starboard Broadcasting, Inc. allots involves omitted lands, BLM will notify regular business hours in the FCC Channel 295A at Tigerton, Wisconsin, the applicant in writing. Reference Information Center, Portals II, as the community’s first local FM 5. Revise § 1864.1–4 to read as 445 12th Street, SW., Room CY–A257, transmission service. See 67 FR 63876, follows: Washington, DC. This document may October 16, 2002. Channel 295A can be also be purchased from the allotted to Tigerton in compliance with § 1864.1–4. Consultation with other Commission’s duplicating contractor, the Commission’s minimum distance Federal agencies. Qualex International, Portals II, 445 separation requirements with a site BLM will not issue a recordable 12th Street, SW., CY–B402, Washington, restriction of 14.1 kilometers (8.7 miles) disclaimer of interest over the valid DC 20554, telephone 202–863–2893, northeast to avoid a short-spacing to the objection of another land managing facsimile 202–863–2898, or via e-mail license sites of Station WLJY, Channel agency having administrative [email protected]. 293C1, Marshfield, Wisconsin, Station jurisdiction over the affected lands. A WJLW, Channel 294C3, Allouez, List of Subjects in 47 CFR Part 73 valid objection must present a Wisconsin, and Station WUPM, Channel sustainable rationale that the objecting Digital television broadcasting, 295C1, Ironwood, Michigan. The agency claims United States title to the Television. reference coordinates for Channel 295A lands for which a recordable disclaimer Part 73 of Title 47 of the Code of at Tigerton are 44–50–07 North Latitude is sought. Federal Regulations is amended as and 88–56–41 West Longitude. Filing [FR Doc. 02–33147 Filed 12–31–02; 12:48 follows: windows for Channel 298A at Jasper, pm] Florida and Channel 295A at Tigerton, BILLING CODE 4310–84–P PART 73—[AMENDED] Wisconsin, will not be opened at this 1. The authority citation for Part 73 time. Instead, the issue of opening a continues to read as follows: filing window for these channels will be FEDERAL COMMUNICATIONS addressed by the Commission in a Authority: 47 U.S.C. 154, 303, 334 and 336. COMMISSION subsequent order. § 73.622 [Amended] DATES: Effective February 3, 2003. 47 CFR Part 73 2. Section 73.622(b), the Table of ADDRESSES: Federal Communications [DA 02–3484, MB Docket No. 02–20, RM– Digital Television Allotments under Commission, 445 Twelfth Street, SW., 10368] Michigan, is amended by adding DTV Washington, DC 20554. channel *23 at Traverse City. Digital Television Broadcast Service; FOR FURTHER INFORMATION CONTACT: Traverse City, MI Federal Communications Commission. Rolanda F. Smith, Media Bureau, (202) Barbara A. Kreisman, 418–2180. AGENCY: Federal Communications Chief, Video Division, Media Bureau. SUPPLEMENTARY INFORMATION: Commission. [FR Doc. 03–163 Filed 1–3–03; 8:45 am] This is a ACTION synopsis of the Commission’s Report : Final rule. BILLING CODE 6712–01–P and Order, MB Docket Nos. 02–274 and SUMMARY: The Commission, at the 02–275, adopted December 18, 2002, request of Central Michigan University, FEDERAL COMMUNICATIONS and released December 20, 2002. The allots DTV channel *23 at Traverse City, COMMISSION full text of this Commission decision is Michigan. See 67 FR 6905, February 14, available for inspection and copying 2002. DTV channel *23 can be allotted 47 CFR Part 73 during regular business hours at the to Traverse City in compliance with the FCC’s Reference Information Center, geographic spacing criteria of Section [DA 02–3505; MB Docket No. 02–274, RM– 10560; MB Docket No. 02–275, RM–10561] Portals II, 445 Twelfth Street, SW., 73.623(d) and the principle community Room CY–A257, Washington, DC 20554. coverage requirements of Section Radio Broadcasting Services; Jasper, The complete text of this decision may 73.625(a) at coordinates (45–10–40 N. FL and Tigerton, WI also be purchased from the and 85–05–57 W). Due to a short- Commission’s duplicating contractor, spacing conflict, the Canadian AGENCY: Federal Communications Qualex International, Portals II, 445 government has concurred with the Commission. 12th Street, SW., Room CY–B402, allotment of DTV channel *23 as a ACTION: Final rule. Washington, DC, 20554, telephone 202– specially negotiated allotment limited to 863–2893, facsimile 202–863–2898, or SUMMARY: The Audio Division, at the l kW ERP and 390 meter HAAT or the via e-mail [email protected]. request of Powerline NA, Inc., allots equivalent in order to avoid prohibited Provisions of the Regulatory overlap in the direction of DTV channel Channel 298A at Jasper, Florida, as the community’s first local FM transmission Flexibility Act of l980 do not apply to 23B at Sault Ste. Marie, Ontario, this proceeding. Canada. With this action, this service. See 67 FR 63876, October 16, proceeding is terminated. 2002. Channel 298A can be allotted to Members of the public should note Jasper in compliance with the that from the time a Notice of Proposed DATES: Effective February 3, 2003. Commission’s minimum distance Rule Making is issued until the matter FOR FURTHER INFORMATION CONTACT: Pam separation requirements with a site is no longer subject to Commission Blumenthal, Media Bureau, (202) 418– restriction 2.2 kilometers (1.4 miles) consideration or court review, all ex 1600. northwest of the community to avoid a parte contacts are prohibited in SUPPLEMENTARY INFORMATION: This is a short-spacing to the vacant allotment Commission proceedings, such as this synopsis of the Commission’s Report site of Channel 299C3, Perry, Florida. one, which involve channel allotments. and Order, MB Docket No. 02–20, The reference coordinates for Channel See 47 CFR 1.1204(b) for rules adopted December 17, 2002, and 298A at Jasper are 30–31–49 North governing permissible ex parte contact.

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For information regarding proper released December 16, 2002. The full (3.0 miles) southeast of the community. filing procedures for comments, see 47 text of this Commission decision is Coordinates for Channel 265A at CFR 1.415 and 1.420. available for inspection and copying Speedway are NL 39–46–10 and WL 86– during regular business hours in the 13–45. List of Subjects in 47 CFR Part 73 FCC Information Center, Portals II, 445 DATES: Effective January 30, 2003. Radio, Radio broadcasting. 12th Street, SW., Room CY–A257, FOR FURTHER INFORMATION CONTACT: Washington, DC 20554. The complete PART 73—RADIO BROADCAST Victoria M. McCauley, Media Bureau, text of this decision may also be (202) 418–2180. SERVICES purchased from the Commission’s SUPPLEMENTARY INFORMATION: duplicating contractor, Qualex This is a 1. The authority citation for part 73 synopsis of the Commission’s Report continues to read as follows: International, Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC, and Order, MB Docket No. 02–143, Authority: 47 U.S.C. 154, 303, 334 and 336. 20554, (202) 863–2893, facsimile (202) adopted December 13, 2002, and released December 16, 2002. The full § 73.202 [Amended] 863–2898, or via e-mail [email protected]. text of this Commission decision is 2. Section 73.202(b), the Table of FM available for inspection and copying Allotments under Florida, is amended List of Subjects in 47 CFR Part 73 during normal business hours in the by adding Jasper, Channel 298A. Radio, Radio broadcasting. FCC Reference Center (Room 239), 445 12th Street, SW., Washington, DC. This 3. Section 73.202(b), the Table of FM Part 73 of title 47 of the Code of Allotments under Wisconsin, is document may also be purchased from Federal Regulations is amended as the Commission’s duplicating amended by adding Tigerton, Channel follows: 295A. contractor, Qualex International, Portals II, 445 12th Street, SW., Room CY–B402, Federal Communications Commission. PART 73—RADIO BROADCAST SERVICES Washington, DC, 20554, telephone 202– John A. Karousos, 863–2893, facsimile 202–863–2898, or Assistant Chief, Audio Division, Media 1. The authority citation for Part 73 via e-mail [email protected]. Bureau. continues to read as follows: List of Subjects in 47 CFR Part 73 [FR Doc. 03–169 Filed 1–3–03; 8:45 am] Authority: 47 U.S.C. 154, 303, 334 and 336. BILLING CODE 6712–01–P Radio, Radio broadcasting. § 73.202 [Amended] Part 73 of Title 47 of the Code of 2. Section 73.202(b), the Table of FM Federal Regulations is amended as FEDERAL COMMUNICATIONS Allotments under Georgia, is amended follows: COMMISSION by adding Crawfordville, Channel 234A. PART 73—RADIO BROADCAST 47 CFR Part 73 Federal Communications Commission. John A. Karousos, SERVICES [DA 02–3420; MB Docket No. 02–225; RM– Assistant Chief, Audio Division, Media 10517] 1. The authority citation for Part 73 Bureau. continues to read as follows: [FR Doc. 03–165 Filed 1–3–03; 8:45 am] Radio Broadcasting Services; Authority: 47 U.S.C. 154, 303, 334, and Crawfordville, GA BILLING CODE 6712–01–P 336. AGENCY: Federal Communications § 73.202 [Amended] Commission. FEDERAL COMMUNICATIONS 2. Section 73.202(b), the Table of FM ACTION: COMMISSION Final rule. Allotments under Indiana, is amended SUMMARY: This document allots Channel 47 CFR Part 73 by adding Speedway, Channel 265A and 234A to Crawfordville, Georgia, in removing Lebanon, Channel 265A. response to a petition filed by Ritz [DA 02–3418; MB Docket No. 02–143; RM 10392] Federal Communications Commission. Radio. See 67 FR 53901, August 20, John A. Karousos, 2002. The coordinates for Channel 234A Radio Broadcasting Services; Lebanon Assistant Chief, Audio Division, Media at Crawfordville, Georgia, are 33–31–18 and Speedway, IN Bureau. and 82–56–52. There is a site restriction [FR Doc. 03–164 Filed 1–3–03; 8:45 am] AGENCY: Federal Communications 3.7 kilometers (3.7 miles) northeast of BILLING CODE 6712–01–P the community. With this action, this Commission. proceeding is terminated. A filing ACTION: Final rule. window for Channel 234A at SUMMARY: DEPARTMENT OF TRANSPORTATION Crawfordville will not be opened at this In this document, the time. Instead, the issue of opening this Commission reallots Channel 265A from Lebanon to Speedway, Indiana, as the National Highway Traffic Safety allotment for auction will be addressed Administration by the Commission in a subsequent community’s first local aural order. transmission service and modifies the license for Station WYJZ(FM) to reflect 49 CFR Part 571 DATES: Effective: January 30, 2003. the changes. See 67 FR 42216 (06/21/ [Docket No. NHTSA 02–14165; Notice 1] FOR FURTHER INFORMATION CONTACT: 2002). Station WYJZ(FM), currently Kathleen Scheuerle, Media Bureau, operating as a short-spaced station, will RIN 2127–AI85 (202) 418–2180. be able to operate as a fully spaced Federal Motor Vehicle Safety SUPPLEMENTARY INFORMATION: This is a station and will eliminate two short- Standards; Occupant Crash Protection summary of the Commission’s Report spacings. Channel 265A is allotted at and Order, MB Docket No. 02–225, Speedway at petitioner’s requested AGENCY: National Highway Traffic adopted December 13, 2002, and transmitter site which is 4.9 kilometers Safety Administration (NHTSA), DOT.

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ACTION: Final rule; response to petitions V. Test Procedure for the Driver Air Bag the low risk deployment tests from 300 for reconsideration. Systems milliseconds (ms) to 125 ms after VI. Issues Related to Warning Labels and initiation of the final stage of an air bag SUMMARY: This document responds, in Telltale Requirements designed to deploy in a 26 km/h (16 A. Warning labels part, to petitions for reconsideration of mph) rigid barrier crash. We also the amendments we made in December B. Telltale requirements VII. Rulemaking Analyses and Notices corrected an error in the regulatory text 2001 to our May 2000 Federal motor of the May 2000 final rule regarding the vehicle safety standard (FMVSS) No. I. Background: The Advanced Air Bag exclusivity of the new advanced air bag 208 advanced air bag final rule. Because Final Rule warning label on the sun visor and of the time constraints faced by vehicle On May 12, 2000, we published in the clarified that information regarding air manufacturers in certifying a portion of Federal Register (65 FR 30680) a final bags or seat belts may be placed their fleet to the advanced air bag rule and an interim final rule to require elsewhere in the vehicle as long as the requirements, we are bifurcating our advanced air bags (Docket No. NHTSA information in those warnings is response. This document addresses 00–7013; Notice 7) (May 2000 final consistent with the information those portions of the petitions that we rule). The rule amended FMVSS No. contained in the required label. believe are the most time sensitive or 208, Occupant Crash Protection, to Additionally, the regulatory text that address minor, easily resolved require that future air bags be designed concerning the telltale light required for technical issues. In particular, we are so that they create less risk of serious air automatic suppression systems was responding to those portions regarding bag-induced injuries than current air changed to be more consistent with the the length of time during which data bags, particularly for small women and requirements of FMVSS No. 101, will be collected during low risk young children, and provide improved Controls and Displays. Other changes deployment tests, a change in dummy frontal crash protection for all that are not the subject of today’s rule positioning procedure for one of the occupants by means that include were also made. driver position low risk deployment advanced air bag technology. tests, and issues related to the air bag II. Petitions for Reconsideration The issuance of the May 2000 final warning label and the telltale that rule completed the implementation of We have received eight petitions for indicates when the passenger air bag has our 1996 comprehensive plan for reconsideration of the December 2001 been automatically suppressed. A reducing air bag risks. The final rule. These petitions were filed by second document addressing the Transportation Equity Act for the 21st the Alliance of Automotive remaining issues raised by the Century (TEA 21), which was enacted in Manufacturers (Alliance), Mitsubishi, petitioners will be issued at a later date. 1998, required us to issue a rule Volkswagen, Honda, Porsche, DATES: Effective Date: The amendments amending Standard No. 208: DaimlerChrysler, Ford, and Toyota. made in this rule are effective February Additionally, BMW and Ferrari filed 5, 2003. to improve occupant protection for occupants of different sizes, belted and unbelted, under petitions shortly after the deadline for Petitions: Petitions for reconsideration filing petitions for reconsideration had of the amendments made by this rule Federal Motor Vehicle Safety Standard No. 208, while minimizing the risk to infants, passed. Under agency regulations (49 must be received by February 20, 2003. children, and other occupants from injuries CFR 553.35(a)), late-filed petitions for ADDRESSES: Petitions for reconsideration and deaths caused by air bags, by means that reconsideration are treated as petitions should refer to the docket and notice include advanced air bags. for rulemaking. However, neither of number of this document and be Eight petitions for reconsideration of these two petitions raised issues that submitted to: Administrator, National the May 2000 final rule were submitted had not also been addressed by the Highway Traffic Safety Administration, to the Agency (see Docket No. 7013). other timely petitioners for 400 Seventh Street, SW., Washington, Four of the petitions were from reconsideration. Thus, as a practical DC 20590. manufacturers of vehicles or air bags. matter, the issues in the two petitions FOR FURTHER INFORMATION CONTACT: For Petitions were also filed by three will be considered as part of the agency non-legal issues, you may contact Lori industry associations representing response to the timely-filed petitions for Summers, Chief, Light Duty Vehicle vehicle manufacturers, and by a reconsideration. TRW submitted a Division, Rulemaking, NVS–112. coalition of four consumer groups. In request for clarification and a comment Telephone: (202) 366–1740. Fax: (202) addition, NHTSA received two requests on one of the issues raised by all 493–2739. E-mail: for clarification within the time period petitioners, namely the time-duration [email protected]. for filing petitions and three comments for meeting the injury criteria during the For legal issues, you may contact that would have been considered passenger-side low risk deployment Rebecca MacPherson, Office of Chief petitions for reconsideration had they tests. Several supplemental submissions Counsel, NCC–112. Telephone: (202) been timely filed. All submissions were were also submitted to the docket after 366–2992. Fax: (202) 366–3820. addressed in the Agency response the deadline for filing petitions for You may send mail to these officials published in the Federal Register on reconsideration. at the National Highway Traffic Safety December 18, 2001 that made several In this document, we are responding Administration, 400 Seventh St., SW., changes to the May 2000 final rule (66 to those portions of the petitions Washington, DC 20590. FR 65376, Docket No. NHTSA 01– regarding the time duration for SUPPLEMENTARY INFORMATION: 11110) (December 2001 final rule). collecting injury criteria data during the These changes included a number of low risk deployment tests, a change in Table of Contents refinements to the dummy positioning dummy positioning procedure for one of I. Background: The Advanced Air Bag Final procedures for the low risk deployment the driver position low risk deployment Rule tests and, to a lesser degree, for the tests, and issues related to the air bag II. Petitions for Reconsideration III. Summary of Response to Issues in automatic suppression tests. In the warning label and the automatic Petitions December 2001 final rule, the Agency suppression telltale. Only those portions IV. Time Duration for Low risk Deployment also modified the period of time during of the petitions directly related to these Tests which the injury criteria must be met for matters will be discussed in this

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document. The remaining issues will be IV. Time Duration for Low Risk (primarily the seat back on the addressed in a subsequent document. Deployment Tests passenger side). It argued that these We adopted a specific period of time interior vehicle impacts are artifacts of III. Summary of Response to Petitions the test, which is static, and are not for Reconsideration for meeting the injury criteria in the May 2000 final rule. In that rule, we representative of what happens in real As noted above, today’s rule required that all injury criteria be met world crashes. It provided sled test data addresses only those issues raised in the for the first 300 ms of the test, a time simulating a dynamic crash test petitions for reconsideration that are period that we believed would compared to a low risk deployment test, likely to have an important, immediate encompass any air bag-related risk of suggesting that the interactions of test dummies with the vehicle’s interior impact on vehicle manufacturers or that injury. Several petitioners for components during dynamic tests are correct inadvertent changes that were reconsideration of that rule argued not significant. made to the regulatory text in the against adopting a 300 ms period for the December 2001 final rule. The Alliance also claimed that the low risk deployment tests. final stage of most multi-stage air bag While rejecting the recommendation Two significant issues are resolved by systems that is not deployed in a crash made by the Alliance that injury criteria this document. First, we address the to provide occupant protection is only time duration for collecting injury be met for 300 ms or until the dummy deployed to expense the remaining air criteria data during the tests to is no longer in contact with the air bag, bag propellant, not to provide any determine whether a low risk whichever occurs first, as inherently additional protection for the affected deployment air bag system complies non-objective, we did modify the test occupant. It stated that this final with the standard. We have decided to duration for the low risk deployment ‘‘dispensing’’ stage would generally grant the petitioners’ request that the tests in the December 2001 final rule. expense approximately 100 to 300 ms period for the three-year-old and six- As discussed in that rule, the test after the initial deployment of the air year-old low risk deployment tests end duration for low risk deployment tests bag, a time delay which, it argued, is at 100 ms after the air bag first starts to should accurately reflect the propensity sufficiently late to prevent any risk of deploy instead of 125 ms after the final of the deploying air bag to harm an air bag-related injury. In addressing the stage of the air bag starts to deploy. The occupant while it is deploying. Thus, agency’s concerns with the injury longer time duration for low risk we adopted a time duration for the low potential of a secondary impact, the deployment tests specified in the risk deployment test of 125 ms from the Alliance noted that it did not believe December 2001 final rule will continue initiation of deployment of the final air NHTSA’s reliance on reports of to apply to the driver position low risk bag stage that will fire in a 0–26 km/h secondary impacts in existing special deployment tests and to the infant low (16 mph) crash. We believed this time crash investigation (SCI) cases was risk deployment tests. frame would adequately measure air warranted since those cases involved air bag-related injuries without reflecting bags that would not meet the low risk The second major issue involves the injuries due to secondary vehicle labeling requirements associated with deployment criteria. Accordingly, it did interior impacts (referred to below as not believe the SCI cases were all advanced air bag requirements. We ‘‘secondary impacts’’) that are unrelated have made changes to the current label, indicative of future air bag performance. to air bag deployment. We noted that we Finally, the Alliance stated that a time depicted in Figure 8 of the standard, intend to monitor our test data to and have decided to reinstate our duration of 125 ms from the initial determine whether the specified time deployment of the air bag was too long prohibition against placing additional period is, in fact, sufficient to include information regarding air bags on the to eliminate injuries attributable solely all air bag-related injuries, leaving open to secondary impacts. sun visor. The current label will be the possibility of increasing the time allowed for vehicles certified to the Toyota, Mitsubishi, DaimlerChrysler, duration if needed. We also noted that Honda, Volkswagen, and Porsche all advanced air bag requirements before the 300 ms time duration remains in full supported the Alliance request to end September 1, 2003, although vehicle effect for all barrier tests. the period during which data are manufacturers may choose to use the In October 2001, the Alliance collected for compliance purposes at new label, which is depicted in Figure petitioned NHTSA to limit the time 100 ms after the initial deployment of 11, on those vehicles under the existing period to 100 ms from the initial the air bag. DaimlerChrysler also provision allowing early compliance. deployment of the air bag. Alternatively, suggested that the seat back be adjusted Notwithstanding the prohibition, we it suggested developing an algorithm to its fully reclined position (or the seat have also established a procedure under that would determine when the forces be removed) to avoid any possibility of which a manufacturer may request imposed on the dummy by the air bag a secondary impact.1 Honda suggested permission to add design-specific no longer significantly influences the an alternative requirement under which information to the sun visor label with movement of the dummy. In a the collection of data for compliance the Agency’s approval. Today’s rule also supplemental submission, dated April purposes would cease 10 ms after the corrects an error in the regulatory text 29, 2002, the Alliance dropped its dummy head no longer interacted with that suggested the new advanced air bag support of this alternative approach. the air bag. It maintained that the labels are only required for vehicles The Alliance argued that both the maximum injury values, other than certified to the automatic suppression original 300 ms time frame and the new those related to secondary impacts, options. 125 ms after the initiation of the final generally occurred during dummy head Finally, the rule makes a correction to stage of air bag deployment effectively interaction with the air bag or very the chin-on-module low risk prevent vehicle manufacturers from shortly (i.e., within 10 ms) thereafter, deployment test position, corrects a certifying compliance with the couple of errors related to the telltale advanced air bag requirements using 1 In October 2001, DaimlerChrysler submitted a requirement for vehicles certified to the low risk deployment technologies. It petition for rulemaking asking, in part, that the time duration for data collection be less than 100 ms automatic suppression requirements, stated that both time periods capture after initiation of air bag deployment. However, in and makes a few minor, non-substantive non-representative secondary impacts its petition for reconsideration, it supported the changes. with vehicle interior components proposal set forth by the Alliance.

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and therefore asked us to limit the deployment of the air bag for systems Likewise, our experience with the SCI period during which the injury criteria that are certified to either S21.4 (3-year- data indicates that secondary impacts must be met and data are collected for old) or S23.4 (6-year-old), as requested are not limited to seat backs, but could the low risk deployment tests to 10 ms by the Alliance and supported by other be into the B-pillar, the door, or even after dummy interaction with the air bag petitioners. All injury measurements the header. However, the SCI cases are ceases. This approach had been recorded during that time that exceed inconclusive as to whether or not the presented earlier by the Alliance in an the allowable values, regardless of the secondary impacts result in more October 2001 petition for rulemaking. source of injury, will be considered serious injury than those produced by Volkswagen and BMW suggested an noncompliances. We continue to believe the air bag. alternative means of limiting the that setting a specific time period is the The Alliance also suggested that the collection of compliance data would be simplest, most appropriate, and most agency’s reliance on SCI data to justify to review the test video and data traces objective way to determine which data our concern that secondary impacts to separate air bag-induced injury to collect for compliance purposes. The could be the result of air bag interaction readings from secondary impacts. They basis for our decision is set forth below. depended on old air bag designs that stated that such a method would most However, as discussed in the December could not meet the low risk deployment effectively ensure that all air bag-related 2001 final rule, we will actually record requirements. The Alliance’s point is injuries were captured without the dummy injury measurements for a well taken. We note that no vehicles in penalizing manufacturers for secondary longer time period dependent upon the the SCI database were designed to meet impacts. BMW noted that NHTSA has data collection system. If there is any the advanced air bag requirements. established a precedent for using film indication that peak injury Indeed, to the best of our knowledge, analysis to determine compliance in measurements recorded after 100 ms are there is only one SCI case of a ‘‘lower FMVSS No. 201, Occupant protection in the result of an air bag’s aggressiveness, powered’’ (i.e., model year 1998 or later) interior impact. TRW offered a similar we may choose to initiate rulemaking to air bag-equipped vehicle that resulted in alternative, under which film and data increase the period of time that data will a critical injury (AIS 5) and was also channel analyses would be used to limit be considered for compliance purposes. reported to have seat back contact. That the collection of compliance data. It also The primary thrust of the Alliance’s case involved a 1999 Ford Contour. We advocated a 300 ms time-frame for all petition is that, in a real world crash, a do not believe the passenger air bag in rear-facing child seat testing. Autoliv child would have sufficient forward that vehicle would be sufficiently advocated a much more basic approach momentum relative to the vehicle, and benign to meet the low risk deployment thus experience a lower change in under which NHTSA could make a requirements. We also have some velocity due to the air bag interaction, case-by-case determination that the concerns about our ability to attribute to prevent serious injuries resulting secondary impact was unrelated to the the serious injuries to seat back contact, from secondary impacts with the air bag. as the subject case involved a crash in This is a complex issue. As we noted interior of the vehicle. Thus, the high which the delta-V has been determined in the preamble to both our May 2000 injury readings associated with to be around 48 km/h (30 mph). and the December 2001 final rules, we secondary impacts in the static low risk do not believe that all dummy contact deployment tests (primarily high neck The Alliance also indicated that the with the vehicle interior would injury readings) are artifacts of those typical low risk deployment systems necessarily be the result of dummy tests and do not represent a real world that are likely to be used in future interaction with an overly aggressive air condition. The Alliance presented one vehicles would consist of an initial, bag. This is because a dummy subjected set of sled test results, comparing one benign deployment with a secondary to the deployment of any air bag in a low risk deployment test (6-year-old ‘‘expensing stage’’ that would occur at low risk deployment test will continue dummy in position 1) to a 26 km/h (16 least 100 ms after the initial to move rearward until it strikes some mph) dynamic sled test to support its deployment. It maintained that this object, and because the low risk position. ‘‘expensing stage’’ would occur so late deployment test does not take into We agree that the rebound velocity of in the crash event that it could not be account the forward momentum of the a dummy in the static low risk the source of air bag interaction or dummy that would typically be present deployment test does not replicate the rebound injury. It also provided data in a real world crash in which the rebound velocity of an out-of-position using an inflator designed to expense frontal impact air bags deploy. For these occupant in a real world crash in which 40% of the air bag’s propellant initially reasons, we are reluctant to retain the the occupant moves forward as a result and 60% secondarily (40/60 air bag existing compliance data collection of vehicle braking and crash dynamics. design). In that instance, the secondary period, particularly because it may The forward momentum of the occupant deployment occurred 200 ms after the effectively preclude manufacturers from in such a crash will reduce the velocity initial deployment and did not result in complying with the rule through the use with which the occupant is thrown back any excessive injury response of low risk deployment technologies. into the seat. The amount of this measurements at the end of the crash Nevertheless, we remain concerned that forward momentum (and the resulting event. As noted in the December 2001 an air bag propelling the dummy reduction in rearward momentum) is final rule, our concern is with 40/60 air backward with excessive force could impact velocity-dependent. In low bag designs for which the second result in secondary impacts relatively speed crashes, the forward momentum deployment has the propensity to cause early in the crash event. These new low will be less than in higher speed injury. We do not find persuasive the risk air bag technologies remain crashes. Since air bags may be designed Alliance’s contention that the second relatively untested by NHTSA, and we to deploy at impact speeds considerably stage of deployment will always be are somewhat dependent on the less than the 26 km/h (16 mph) used in benign, but believe that injury manufacturers’ experience in the testing the Alliance sled test, we are uncertain measurement assessment for 100 ms and development of their own systems. that forward momentum alone will be will ensure that a second stage Accordingly, we have decided to limit sufficient to prevent rebound injuries deployment does not occur during the data collection for compliance that are the result of the air bag’s significant occupant engagement with purposes to 100 ms after initial propelling an individual rearward. the air bag.

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Finally, the Alliance stated that a 125 we are retaining the specification that lodged over the steering wheel, ms fixed time duration is too long to data be collected for compliance potentially distorting the dummy exclude secondary impacts. To the purposes in S19.3 (12-month-old) and kinematics. extent we believe the majority of S25.3 (driver-side) for 125 ms after However, many of the changes were secondary impacts are not initiation of the final stage of made purely to improve the logic of representative of what happens in real deployment for crashes up to 64 km/h how the test was to be performed and world crashes, the test duration should (40 mph) and 26 km/h (16 mph), be sufficiently short to limit respectively. to create greater consistency among the significantly the potential for secondary We are rejecting the other suggestions various tests. For example, changes impacts while being of sufficient offered by petitioners because we were made in the sequencing of the test duration to capture the full air bag believe they are insufficiently objective. procedure so that one could follow the deployment. We believe a 100 ms time Honda’s suggestion that data collection procedure step-by-step. Likewise, duration will capture the full air bag for compliance purposes end 10 ms after terminology was made more uniform deployment and induce manufacturers head interaction with the air bag ceases among the various tests. The agency did to reduce the dummy rebound velocities suffers from the same lack of objectivity not intend these changes to have a into the seat back and cap the rebound as the Alliance petition that we denied substantive effect. Accordingly, the velocity to some degree. There is no in the December 2001 final rule. It is preamble to the December 2001 final evidence that suggests that a 125 ms simply not possible to determine with rule did not discuss the changes. any assurance exactly when that data collection would reduce the Mitsubishi, Volkswagen, and Autoliv likelihood of injuries more than a 100 interaction ceases. The suggestion of a stated in their petitions that one of the ms collection. film analysis is likewise impractical. We agree with manufacturers that Autoliv’s suggestion that NHTSA make changes to the driver chin-on-module high injury measurements due to a case-by-case determination as to when test (position 1) (S26.2.6) made a secondary impacts can be an artifact of the secondary impact is air bag-related substantive change to the test procedure the low risk deployment test. The 100 would likely result in significant debate that was not justified, or even discussed ms time frame adopted today will and pose legitimate concerns about in the preamble. Follow-up letters by minimize the likelihood that a vehicle objectivity, repeatability, and the Alliance, Ford and GM reiterated occupant will be thrown into the seat enforceability. this concern. The position aligns the back or other vehicle component prior We have changed S4.11(b) of the chin with the center of the area where to 100 ms, as vehicle manufacturers will regulatory text to specify injury criteria the air bag deploys. The original need to ensure that their air bags are will be considered for ‘‘100 position aligned the chin with the top sufficiently benign to avoid such milliseconds after the initial of the air bag module. Petitioners have contacts during that time frame. This is deployment of the air bag’’ rather than argued that the new specification lowers because any failure of the injury criteria, ‘‘100 milliseconds after the air bag is the dummy head position and could regardless of whether it is the result of signaled to deploy.’’ The reason for this make the test more stringent and direct air bag interaction or a secondary change is to be more precise about when unrealistic. Additionally, Autoliv and interaction with another vehicle the 100 ms time-frame begins. Ford asked if the seat height could be Manufacturers may, for very valid component, will be considered a adjusted to achieve the desired dummy noncompliance. It is for this reason that reasons, build time delay circuitry into height. we are denying DaimlerChrysler’s their air bag systems. If the test duration petition for an explicit exclusion of air began at the signaling of air bag Petitioners are correct that the change bag stages that are not required to deployment, the data acquisition period was not discussed. It was intended to provide occupant protection and for would be shortened by the period of the create consistency between this test and performing the test with the seat back delay. Changing the regulatory text to other tests in which a portion of the fully reclined or removed. However, as ‘‘initial deployment of the air bag’’ is dummy was to be positioned in noted above, we will continue to intended to capture that moment in time alignment with the place in the vehicle monitor the test results, and initiate when the chemical or other process where the air bag initially deploys. It rulemaking if we determine that injury begins to inflate the air bag. If there is was not intended to have a substantive measures beyond 100 ms are due to no designed delay built into the effect. We do not know at this time overly aggressive air bags. electrical circuitry, then the signal for whether lowering the dummy head a Vehicle manufacturers have not air bag deployment and the initiation of couple of inches will have a significant demonstrated that secondary impacts deployment will effectively be effect on recorded injury measurements. are a compliance problem on the driver coincident. However, we recognize it could. Since side of the vehicle or with a rear-facing no substantive change was intended, we child restraint on the passenger side. V. Test Procedure for the Driver Air have reverted back to the positioning Additionally, unlike the 3-year-old and Bag Systems language that was in the May 2000 final 6-year-old dynamic tests relied on by As part of the December 2001 final the Alliance to support its position that rule, the agency made several changes to rule. This language places the chin on secondary impacts are a test anomaly, the regulatory text governing dummy the top of the air bag module. It also there will not be a significant amount of positioning procedures. In many states that the dummy height can be forward momentum relative to the instances, these changes were intended adjusted using either the seat height vehicle in a dynamic test with an infant to be substantive in nature. For adjustments or spacer blocks. All other dummy in a rear-facing child restraint. example, we changed the location for changes to the chin-on-module The infant dummy is restrained in a positioning the dummy chin on the positioning procedure adopted by the rear-facing child restraint that is steering wheel in the driver chin-on-rim December 2001 final rule are retained, at coupled to the vehicle chassis via the test (position 2) because we believed the least at this time. However, other vehicle seat belt system. Thus, the static change would lead to a more repeatable changes may be made in our second test condition is more representative of test procedure and would minimize the response to the petitions for the real world crash event. Accordingly, risk that the dummy chin would become reconsideration.

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VI. Issues Related to Warning Labels No change was made to the regulatory certified to the advanced air bag and Telltale Requirements text regarding the placement of labels requirements. Due to an error, the elsewhere in the vehicle because amended regulatory text that was A. Warning Labels historically there has been no express adopted in the December 2001 final rule In the May 2000 final rule, we added prohibition against labels that convey stated that the new label was only a new warning label that must be used specific, accurate information about air required for systems that use automatic in vehicles with advanced air bags to bags or seat belts in locations other than suppression systems. We have amended replace the warning label currently the sun visor. However, we did amend the text to require that the required label required. The warning on the new label the regulatory text to clarify that any be placed in all vehicles certified to the deleted the earlier label’s statement: additional labels, regardless of where advanced air bag requirements, ‘‘Never put a rear-facing child seat in they are placed in the vehicle, cannot be regardless of the technology used to the front’’ in recognition that the confusing or misleading when read in meet the requirements.2 advanced air bag requirements are conjunction with other labels required We have decided to change the intended specifically to minimize the by this or other standards. required label for vehicles certified to risk related to air bag deployments. We The Alliance petitioned NHTSA to the advanced air bag requirements. This also removed the statement on the label amend the labeling requirements of the new label is depicted in Figure 11. It that is required in earlier motor vehicles December 2001 final rule in three differs from the label in Figure 8 in that that one should sit as far away from the respects. First, it asked NHTSA to it includes a bullet statement that states air bag as possible because while this reinstate its prohibition against other ‘‘never put a rear-facing child seat in the information is helpful, we did not labels regarding air bags or seat belts on front’’. The bullet will not be required believe it merited overcrowding the the sun visor. It claimed that we had not in those vehicles that meet the label. We added an instruction to read provided an adequate justification for requirements for an air bag on-off the vehicle owner’s manual to learn reversing the position we adopted in switch, i.e., the vehicle has no rear seat more about the advanced air bag 1993 that additional information on the or a rear seat that is too small to systems in the vehicle. sun visor would contribute to accommodate a rear-facing child We also stated in the preamble that information overload for the consumer, restraint. Although the advanced air bag we would not prohibit additional labels resulting overall in a less effective systems are intended to minimize the on the sun visor that provided design- warning. Second, it petitioned the risk of injury or death to infants in rear- agency to reconsider its position on specific information on how to use a facing child restraints, the only means permitting other labels elsewhere within vehicle’s advanced air bag technology. to completely eliminate the risk is to the vehicle interior (i.e., not located on As stated in the preamble to the May never place a child or infant in a rear- the sun visor), urging us to adopt a 2000 final rule, we intended to allow facing child seat in the vehicle’s front blanket prohibition on additional air additional, design-specific information seat. We believe it is important to bag-related labels within the vehicle on the sun visor and near the new air continue to highlight the especially high interior. Finally, it asked that the bag warning label. However, the risk of air bag-related injury or death to advanced air bag label be modified by amendments to the regulatory text children in rear-facing child restraints adding a bulleted statement mistakenly maintained the existing and, indeed, to continue to educate the discouraging front seat installation of public about the need to ensure that all prohibition against adding additional rear-facing infant seats. information on the sun visor. children ride properly restrained in the In its supplemental submission, the back seat, since this is the safest place Accordingly, in the December 2001 Alliance suggested additional changes for children, irrespective of air bag risks. rule, we amended the regulatory text to that it believes would strengthen the We have not made the other changes clarify that a label with such design required label. In its petition, the advocated by the Alliance, namely the specific information could be placed, at Alliance also noted an apparent error in replacement of the phrase ‘‘even with the manufacturer’s option, on the sun the regulatory text that only mandated advanced air bags’’ with the phrase visor alongside the air bag warning the use of the new label in vehicles with ‘‘death or serious injury can occur’’ and label. Alternatively, the manufacturer automatic suppression systems. the addition of the qualifier in the first could determine that an additional label DaimlerChrysler raised similar bullet that the referenced children are placed elsewhere in the vehicle, either concerns. In addition, DaimlerChrysler ‘‘children 12 and under.’’ As noted permanently or temporarily, could best noted an incorrect reference in the above, it is critical that vehicle inform vehicle occupants about a regulatory text governing labels to a occupants understand how their particular characteristic of the vehicle’s previous section of the regulation that advanced systems work if they are to air bag system. We noted that advanced had been repealed. That change has provide consistent protection— air bag systems are different from been made. particularly those systems, such as traditional air bag systems in that there On April 26, 2002, GM requested that automatic suppression, whose is likely to be a variety of advanced air the revised effective date for any new effectiveness could be directly affected bag systems with differing and/or label adopted by NHTSA be no sooner by occupant behavior. By highlighting unique design characteristics. Thus, than September 1, 2003, with early there may be instances in which a compliance permitted. This request was 2 As a practical matter, we do not believe any manufacturer determines that particular made because GM is currently manufacturers will use an advanced air bag system information should be conveyed producing vehicles certified to the that does not utilize an automatic suppression regarding vehicle occupant behavior as advanced air bag requirements which system for rear-facing child restraints, at least in the near future. Accordingly, all vehicles certified to it affects the performance of that have the label required by the May 2000 the advanced air bag requirements would have the vehicle’s air bag system. We believe that and December 2001 final rules. The required label. However, at some point in the future the owner’s manual alone may not be an Alliance reiterated GM’s request in its manufacturers may choose to meet all of the adequate means of communicating that supplemental submission. passenger air bag requirements through some technology other than automatic suppression. information to the vehicle owner and NHTSA always intended the new Under the regulatory text erroneously adopted in chose not to foreclose such advanced air bag label, depicted in the December 2001 final rule, no advanced air bag communications through our rule. Figure 8, to be required in all vehicles label would be required for those vehicles.

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the advanced air bag features on the whether they were properly seated if it rejects a manufacturer’s request. warning label, we believe vehicle within the vehicle and properly Moreover, the agency will not verify or owners will be more likely to heed the restrained. vouch for the accuracy of the final bullet on the label, which is to The messages of the 1990s remain information. The agency decision will consult their owner’s manual for full critical. The incorporation of be limited to a determination that the details about the advanced air bag technologies to minimize the risks of air additional information is not confusing system. bags to occupants should not detract or misleading when the entire label is We have decided against adding the from the primary message that proper read as a whole and does not result in ‘‘12 and under’’ qualifier because we occupant seating and restraint use are information overload; that is to say, the believe the qualifier has served its the most critical factors in minimizing label is not conveying so much originally intended purpose, which was air bag induced injuries. However, the information that it is unlikely to be read to educate the public to the size of communication needs surrounding or taken seriously. We believe this occupant that may be at risk from an air advanced air bags, while including the procedure will allow for the provision bag deployment. We will continue to same needs as before, also involve of design-specific warnings without use the qualifier in our educational additional complexities. The advent of diminishing the label’s effectiveness literature, and continue to believe it is advanced air bag technology may due to information overload. a useful tool for helping distinguish include air bag systems that respond In order to obtain NHTSA’s those particularly at risk, but have differently based on the location or authorization, the manufacturer’s chosen in the interest of brevity and characteristics of a particular occupant. proposal must meet the following clarity to make reference to ‘‘children’’ While the owner’s manuals should criteria: on the sun-visor label rather than contain detailed descriptions of each • The information that would be ‘‘children 12 and under.’’ particular airbag system and how an added must be design-specific and not We are granting GM’s request that the occupant can best utilize it, the Agency applicable to all or most air bag systems; new label not be required until remains convinced that there is benefit • The additional information must September 1, 2003, the first day of the to permitting such information to be address situations in which foreseeable phase-in implementing the advanced air visible to occupants while riding in the occupant behavior can affect air bag bag requirements. This should provide vehicle. performance; and vehicle manufacturers sufficient time to In the December 2001 final rule we • The manufacturer’s request must order and install the new labels without tried to balance the potential need for provide a mock-up of the label with the penalizing them for early compliance additional design-specific information specific language that would be added with the advanced air bag requirements. with the possibility of confusion by to the label. The current label will be allowed for prohibiting labels with the potential to Although this procedure places a vehicles certified to the advanced air confuse or mislead a consumer when burden on the agency to determine what bag requirements before September 1, read in conjunction with the required constitutes information overload, we 2003, although vehicle manufacturers label. The Alliance argues that the believe it will allow us to control the may choose to use the new label balance we tried to strike eliminates or potential for information overload depicted in Figure 11 on those vehicles reduces the benefits of consistency and without substituting our judgment for under the existing provision allowing repeated exposure that led us originally the manufacturer’s as to what early compliance. to mandate particular words and format information vis-a´-vis a particular system As discussed above, the Alliance and to avoid the possibility of diluting is most important or germane. Because seeks reinstatement of a prohibition these important messages through too the information will be specific to the against supplemental air bag many or differing messages. implementation of a particular air bag information on sun visors and the We agree that a better balance can be system in a particular vehicle, and not adoption of a prohibition against such struck. While the prohibition against applicable to all or most airbag systems, information anywhere in the occupant potentially confusing or misleading we do not believe public comment compartment. The Alliance argues that labels remains, we will continue to would be helpful or necessary before these actions are necessary to prevent permit manufacturers to add design making the determination. problems of dilution of message and specific information to their sun visor The Alliance also requests that we information overload. It argues further labels. However, to avoid the possibility further prohibit any other labels or that these problems are as large today as of information overload, manufacturers information elsewhere in the interior they were in the mid-late 1990s at the must first seek the Agency’s approval compartment of the vehicle. Standard height of the air bag injury problem. and may place additional design No. 208 has not historically contained The question of whether information specific information on the label only any such express prohibition. This lack overload may tend to dilute the message after the Agency has granted them has not led to increasing numbers of should be considered in light of permission to do so. labels and confusing messages, perhaps changing technology and maturing We have set up a procedure under because the question of whether labels communication needs. In the which a vehicle manufacturer can ask could be placed elsewhere in the rulemakings addressing the air bags of for agency authorization to add specific vehicle had not been debated. While we the mid 1990s, the agency focused on language to the required sun visor do not today extend the prohibition the twin messages of moving away from warning label addressing the air bag throughout the occupant compartment, air bags and properly using seat belts system’s unique features. The agency should information overload from such and other restraints. In considering what will only authorize or reject the label additional labels threaten to become a messages should be placed on the label, submitted by the manufacturer. It will problem, we may reconsider this the Agency recognized that, from the not make any judgment as to whether decision. point of view of occupant behavior, all one or more of a variety of labels best The procedure through which airbag systems of that generation prevents information overload, or additional information can be placed on operated similarly. Vehicle occupants whether the new information best the sun visor label does not apply to could not control how or whether an air addresses a particular air bag risk, and additional labels or information placed bag would deploy, but could control it will not suggest alternative language elsewhere in the interior of the vehicle.

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However, our position on this matter would better clarify the telltale, of ‘‘passenger.’’ Additionally, while it is should not be interpreted as a particularly since ‘‘air bag’’ is generally true that the term ‘‘air bag’’ is typically determination by us that the additional spelled as a single word outside of the spelled as a single word outside of the labels are needed or even particularly United States and Canada. It also United States and Canada, we note that helpful. Rather, our decision reflects our requested that it be allowed to use lower these vehicles are manufactured for the belief that while the sun visor label is case letters. U.S. market. While manufacturers may the best and most important way to In a request for clarification, Jaguar choose to export vehicles with advanced communicate with the public, asked whether it was required to have air bag systems to other countries, those manufacturers should have the option of the required telltale message backlit or vehicles will not have to meet the including additional information in the otherwise illuminated, a result it said requirements of FMVSS No. 208. We occupant compartment, on either a was necessitated by the regulatory text also note that only Canada and the temporary or permanent basis, if they adopted in the December 2001 final United States have adopted any deem it appropriate to do so. rule. advanced air bag requirements. The We believe the Alliance position on B. Telltale Requirements changes made in the December 2001 the telltale visibility has merit. Our final rule adequately address the U.S. The May 2000 final rule required a primary concern is that a correctly and Canadian markets. telltale for vehicles with automatic installed child restraint should not As noted by Jaguar, the changes made suppression systems. The telltale has a restrict the visibility of the telltale. The in the December 2001 final rule had the specified message and must be original language, as adopted in the May effect of requiring the telltale message to positioned in a location forward of and 2000 final rule, required the telltale not be backlit or otherwise illuminated, above the H-point of the driver’s and be located in a position where the even though the regulatory text passenger’s seat in their forwardmost temporary or permanent storage of an specifically allows telltales that are not position. The final rule allowed for object could obscure the telltale from backlit. As noted above, the telltale multiple levels of illumination as long either the driver’s or right front requirements for automatic suppression as the telltale remains visible at all passenger’s view. The language was systems were based on the existing times to front-seat occupants of all ages. amended in the December 2001 final telltale requirements for air bag on-off The agency was petitioned to revise the rule at the request of DaimlerChrysler. switches found at S4.5.4. We note that May 2000 requirement that the telltale We agree that the placement of a child the earlier rule, published in the be visible to occupants of all ages, and restraint would not necessarily be Federal Register on May 23, 1995 (60 to apply the requirements of Standard considered temporary or permanent FR 27233), directly addressed the issue No. 101. We also received requests that storage of the restraint. The change was raised by Jaguar. In that rulemaking, the regulatory text be clarified to assure intended to address a likely condition NHTSA had originally proposed that the that the telltale would not be obstructed that was not sufficiently described, not identifying message be located on the by a rear-facing child restraint, and that to impose any additional burden on the telltale, i.e., the language would be manufacturers be allowed to use the vehicle manufacturers. As noted by the backlit. In the final rule, we amended abbreviation ‘‘pass’’ in lieu of Alliance, NHTSA does not require the proposed regulatory language to ‘‘passenger’’ in the message text. Based vehicle manufacturers to certify allow the required message to be either on a review of these petitions, we made compliance of their automatic on the telltale or adjacent to it (within changes to the regulatory text in the suppression systems using every child 25 mm). We stated that we believed December 2001 final rule that brought restraint on the market. While we expect having the required message adjacent to the telltale requirements more in line these systems to work with all available the telltale would be as effective a with the requirements of FMVSS No. child restraints, requiring manufacturers means of informing the driver or 101, that relaxed the message to actually demonstrate compliance passenger of the purpose of the telltale requirement to allow an abbreviation of with all child restraints would be as having the words located directly on ‘‘passenger,’’ and that required the unwieldy. This issue was discussed the telltale. The same rationale applies telltale be placed so that rear-facing thoroughly in the May 2000 final rule. to the telltale requirement for vehicles child restraints could not obscure it. We believe it would be inappropriate to with automatic suppression systems. In its petition for reconsideration, the impose a greater burden on Alliance argued that the requirement manufacturers vis-a´-vis child restraints VII. Rulemaking Analyses and Notices that the telltale not be blockable by a and telltale visibility than we have A. Executive Order 12866 and DOT rear-facing child restraint was too broad, imposed on them for the actual Regulatory Policies and Procedures although it supported the premise that suppression device. Accordingly, the a properly installed child restraint regulatory text has been amended to NHTSA has considered the impact of should not obscure the telltale. It reference only those child restraints in this rulemaking action under Executive maintained that the new requirement Appendix A that are designed to be Order 12866 and the Department of would make it necessary for installed in a rear-facing mode. Transportation’s regulatory policies and manufacturers to test visibility using all We are denying DaimlerChrysler’s procedures. This rulemaking document possible child seats. It urged the agency request that manufacturers be provided was not reviewed under E.O. 12866, to limit the requirement to those child with greater latitude in meeting the ‘‘Regulatory Planning and Review.’’ seats listed in Appendix A of the telltale’s specified form and format Although this document amends the standard. requirements. The current requirements agency’s May 2000 final rule, which was DaimlerChrysler requested additional are not onerous and mirror the economically significant, NHTSA has flexibility in the wording of the required requirements that have been in place for determined that this document does not telltale message. Specifically, it has manufacturer-installed air bag on-off affect the costs and benefits analysis for asked that manufacturers be allowed to switches since 1995. We have already that final rule. Readers who are use ‘‘pass.’’ rather than ‘‘pass’’ or accommodated the manufacturers’ space interested in the overall costs and ‘‘passenger,’’ and that it be allowed to concerns, as well as their concerns benefits of advanced air bags are use ‘‘airbag’’ rather than ‘‘air bag’’. It regarding the sale of vehicles in Canada referred to the agency’s Final Economic stated that it believes these changes or Europe by allowing the abbreviation Assessment for the May 2000 FMVSS

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No. 208 final rule (NHTSA Docket No. State, local or tribal governments, in the I. Plain Language 7013). This rulemaking document has aggregate, or by the private sector, of Executive Order 12866 requires each also been determined not to be more than $100 million annually agency to write all rules in plain significant under the Department’s (adjusted for inflation with base year of language. Standard No. 208 is extremely regulatory policies and procedures. The 1995). While the May 2000 final rule is difficult to read as it contains multiple amendments made by this document likely to result in over $100 million of cross-references and has retained all of impose no additional costs on annual expenditures by the private the requirements applicable to vehicle manufacturers. Their impacts are so sector, today’s final rule makes only of different classes at different times. minimal that a full regulatory evaluation small adjustments to the December 2001 Because portions of today’s rule amend is not merited. rule, which, in turn, made only small existing text, much of that complexity B. Regulatory Flexibility Act adjustments to the May 2000 rule. remains. Additionally, the availability Accordingly, this final rule will not of multiple compliance options, We have considered the effects of this result in a significant increase in cost to differing injury criteria and a dual rulemaking action under the Regulatory phase-in have added to the complexity Flexibility Act (5 U.S.C. 601 et seq.) the private sector. of the regulation, particularly as the This action will not have a significant F. Executive Order 12778 (Civil Justice various requirements and options are economic impact on a substantial Reform) accommodated throughout the initial number of small businesses because it phase-in. Once the initial phase-in is does not significantly change the This final rule does not have any complete, much of the complexity will requirements of the May 2000 final rule retroactive effect. Under section 49 disappear. At that time, it would be or the December 2001 final rule. Small U.S.C. 30103, whenever a Federal motor appropriate to completely revise organizations and small governmental vehicle safety standard is in effect, a Standard No. 208 to remove any units will not be significantly affected state may not adopt or maintain a safety options, requirements, and since the potential cost impacts standard applicable to the same aspect differentiations as to vehicle class that associated with this rule should only of performance which is not identical to are no longer applicable. slightly affect the price of new motor the Federal standard, except to the vehicles, if at all. extent that the state requirement J. Executive Order 13045 C. National Environmental Policy Act imposes a higher level of performance Executive Order 13045 applies to any and applies only to vehicles procured rule that: (1) Is determined to be NHTSA has analyzed these for the State’s use. 49 U.S.C. 30161 sets economically significant as defined amendments for the purposes of the forth a procedure for judicial review of under E.O. 12866, and (2) concerns an National Environmental Policy Act and final rules establishing, amending or environmental, health or safety risk that determined that they will not have any revoking Federal motor vehicle safety NHTSA has reason to believe may have significant impact on the quality of the standards. That section does not require a disproportionate effect on children. If human environment. submission of a petition for the regulatory action meets both criteria, D. Executive Order 13132 (Federalism) reconsideration or other administrative we must evaluate the environmental The agency has analyzed this proceedings before parties may file suit health or safety effects of the planned rulemaking in accordance with the in court. rule on children, and explain why the planned regulation is preferable to other principles and criteria contained in G. Paperwork Reduction Act Executive Order 13132 and has potentially effective and reasonably determined that it does not have Under the Paperwork Reduction Act feasible alternatives considered by us. sufficient federalism implications to of 1995, a person is not required to This rulemaking directly involves warrant consultation with State and respond to a collection of information decisions based on health risks that disproportionately affect children, local officials or the preparation of a by a Federal agency unless the namely, the risk of deploying air bags to federalism summary impact statement. collection displays a valid OMB control children. However, this rulemaking The final rule has no substantial effects number. This rule does not establish serves to reduce, rather than increase, on the States, or on the current Federal- any new information collection that risk. State relationship, or on the current requirements. The new label, depicted distribution of power and in 49 CFR 571.208, Figure 11, merely K. National Technology Transfer and responsibilities among the various local replaces the label currently depicted in Advancement Act officials. 49 CFR 571.208, Figure 8. Since the Section 12(d) of the National The final rule is not intended to contents of both labels are standardized, Technology Transfer and Advancement preempt state tort civil actions, except neither label constitutes an Act (NTTAA) requires NHTSA to that the required labels must contain the ‘‘information collection.’’ evaluate and use existing voluntary required text, and no additional text consensus standards 3 in its regulatory (unless approved by the agency in H. Regulation Identifier Number (RIN) activities unless doing so would be response to a manufacturer request), and inconsistent with applicable law (e.g., any additional labels cannot be The Department of Transportation the statutory provisions regarding misleading or confusing, as specified in assigns a regulation identifier number NHTSA’s vehicle safety authority) or the regulatory text. (RIN) to each regulatory action listed in the Unified Agenda of Federal E. Unfunded Mandates Reform Act Regulations. The Regulatory Information 3 Voluntary consensus standards are technical standards developed or adopted by voluntary The Unfunded Mandates Reform Act Service Center publishes the Unified consensus standards bodies. Technical standards of 1995 requires agencies to prepare a Agenda in April and October of each are defined by the NHTSA as ‘‘a performance-based written assessment of the costs, benefits year. You may use the RIN contained in or design-specific technical specifications and the heading at the beginning of this related management systems practices. They pertain and other effects of proposed or final to products and processes, such as size, strength, or rules that include a Federal mandate document to find this action in the technical performance of a product, process or likely to result in the expenditure by Unified Agenda. material.’’

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otherwise impractical. In meeting that compartment and lettered in English in (v) If the vehicle does not have a back requirement, we are required to consult block capital and numerals not less than seat or the back seat is too small to with voluntary, private sector, three thirty-seconds of an inch high. accommodate a rear-facing child consensus standards bodies. Examples This label may be combined with the restraint consistent with S4.5.4.1, the of organizations generally regarded as label required by S4.5.1(b) of this label shown in the figure may be voluntary consensus standards bodies standard to appear on the sun visor. If modified by omitting the statement: include the American Society for some regular maintenance or ‘‘Never put a rear-facing child seat in Testing and Materials (ASTM), the replacement of the inflatable restraint the front.’’ Society of Automotive Engineers (SAE), system(s) in a vehicle is recommended (3) Vehicles certified to meet the and the American National Standards by the vehicle manufacturer, the requirements specified in S19, S21, or Institute (ANSI). If NHTSA does not use owner’s manual shall also set forth the S23 on or after September 1, 2003 shall available and potentially applicable recommended schedule for maintenance have a label permanently affixed to voluntary consensus standards, we are or replacement. either side of the sun visor, at the required by the Act to provide Congress, (b) Sun visor air bag warning label. (1) manufacturer’s option, at each front through OMB, an explanation of the Except as provided in S4.5.1(b)(2), each outboard seating position that is reasons for not using such standards. vehicle shall have a label permanently equipped with an inflatable restraint. The agency is not aware of any new affixed to either side of the sun visor, at The label shall conform in content to voluntary consensus standards the manufacturer’s option, at each front the label shown in Figure 11 of this addressing the changes made to the May outboard seating position that is standard and shall comply with the 2000 final rule or the December 2001 equipped with an inflatable restraint. requirements of S4.5.1(b)(3)(i) through final rule as a result of this final rule. The label shall conform in content to S4.5.1(b)(3)(iv). the label shown in either Figure 6a or List of Subjects in 49 CFR Part 571 (i) The heading area shall be yellow 6b of this standard, as appropriate, and with the word ‘‘WARNING’’ and the Imports, Motor vehicle safety, shall comply with the requirements of alert symbol in black. Reporting and recordkeeping S4.5.1(b)(1)(i) through S4.5.1(b)(1)(iv). (ii) The message area shall be white requirements, Tires. (i) The heading area shall be yellow with black text. The message area shall In consideration of the foregoing, with the word ‘‘WARNING’’ and the be no less than 30 cm2 (4.7 in2). NHTSA amends 49 CFR Chapter V as alert symbol in black. (iii) The pictogram shall be black on follows: (ii) The message area shall be white a white background. The pictogram with black text. The message area shall shall be no less than 30 mm (1.2 in) in 2 2 PART 571—FEDERAL MOTOR be no less than 30 cm (4.7 in ). length. VEHICLE SAFETY STANDARDS (iii) The pictogram shall be black with (iv) If the vehicle does not have a back a red circle and slash on a white seat, the label shown in the figure may 1. The authority citation for Part 571 background. The pictogram shall be no of Title 49 continues to read as follows: be modified by omitting the statement: less than 30 mm (1.2 in) in diameter. ‘‘The BACK SEAT is the SAFEST place (iv) If the vehicle does not have a back Authority: 49 U.S.C. 322, 30111, 30115, for CHILDREN.’’ 30117, and 30166; delegation of authority at seat, the label shown in Figure 6a or 6b (v) If the vehicle does not have a back 49 CFR 1.50. may be modified by omitting the seat or the back seat is too small to 2. Section 571.208 is amended as statements: ‘‘The BACK SEAT is the accommodate a rear-facing child follows: SAFEST place for children.’’ restraint consistent with S4.5.4.1, the A. By removing the introductory text (2) Vehicles certified to meet the label shown in the figure may be to S4.5.1, requirements specified in S19, S21, or modified by omitting the statement: B. By revising S4.5.1 (a)(b), and (c), S23 before September 1, 2003 shall have ‘‘Never put a rear-facing child seat in S4.11, S19.2.2, and S26.2.6, and a label permanently affixed to either C. By adding Figure 11 to read as side of the sun visor, at the the front.’’ follows: manufacturer’s option, at each front (4) Design-specific information. outboard seating position that is (i) A manufacturer may request in § 571.208 Standard No. 208; Occupant equipped with an inflatable restraint. writing that the Administrator authorize crash protection. The label shall conform in content to additional design-specific information * * * * * the label shown either in Figure 8 or to be placed on the air bag sun visor S4.5.1 Labeling and owner’s manual Figure 11 of this standard, at the label for vehicles certified to meet the information. manufacturer’s option, and shall comply requirements specified in S19, S21, or (a) Air bag maintenance or with the requirements of S4.5.1(b)(2)(i) S23. The label shall conform in content replacement information. If the vehicle through S4.5.1(b)(2)(iv). to the label shown in Figure 11 of this manufacturer recommends periodic (i) The heading area shall be yellow standard and shall comply with the maintenance or replacement of an with the word ‘‘WARNING’’ and the requirements of S4.5.1(b)(3)(i) through inflatable restraint system, as that term alert symbol in black. S4.5.1(b)(3)(iv), except that the label is defined in S4.1.5.1(b) of this standard, (ii) The message area shall be white may contain additional, design-specific installed in a vehicle, that vehicle shall with black text. The message area shall information, if authorized by the be labeled with the recommended be no less than 30 cm2 (4.7 in2). Administrator. schedule for maintenance or (iii) The pictogram shall be black on (ii) The request must meet the replacement. The schedule shall be a white background. The pictogram following criteria: specified by month and year, or in terms shall be no less than 30 mm (1.2 in) in (A) The request must provide a mock- of vehicle mileage, or by intervals length. up of the label with the specific measured from the date appearing on (iv) If the vehicle does not have a back language or pictogram the manufacturer the vehicle certification label provided seat, the label shown in the figure may requests permission to add to the label. pursuant to 49 CFR Part 567. The label be modified by omitting the statement: (B) The additional information shall be permanently affixed to the ‘‘The BACK SEAT is the SAFEST place conveyed by the requested label must be vehicle within the passenger for CHILDREN.’’ specific to the design or technology of

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the air bag system in the vehicle and not (2) The pictogram shall be black with AIR BAG OFF’’ on the telltale or within applicable to all or most air bag systems. a red circle and slash on a white 25 mm (1.0 in) of the telltale; and (C) The additional information background. The pictogram shall be no (c) Shall not be combined with the conveyed by the requested label must less than 20 mm in diameter. readiness indicator required by S4.5.2 of address a situation in which foreseeable (3) If a vehicle does not have an this standard. occupant behavior can affect air bag inflatable restraint at any front seating (d) Shall be located within the interior performance. position other than that for the driver, of the vehicle and forward of and above (iii) The Administrator shall authorize the pictogram may be omitted from the the design H-point of both the driver’s or reject a request by a manufacturer label shown in Figure 6c. and the right front passenger’s seat in submitted under S4.5.1(b)(4)(i) on the * * * * * their forwardmost seating positions and basis of whether the additional S4.11 Test duration for purpose of shall not be located on or adjacent to a information could result in information measuring injury criteria. surface that can be used for temporary overload or would otherwise make the (a) For all barrier crashes, the injury or permanent storage of objects that label confusing or misleading. No criteria specified in this standard shall could obscure the telltale from either determination will be made as to be met when calculated based on data the driver’s or right front passenger’s whether, in light of the above criteria, recorded for 300 milliseconds after the view, or located where the telltale the particular information best prevents vehicle strikes the barrier. would be obscured from the driver’s information overload or whether the (b) For the 3-year-old and 6-year-old view if a rear-facing child restraint information best addresses a particular child dummy low risk deployment tests, listed in Appendix A is installed in the air bag risk. Moreover, the the injury criteria specified in this right front passenger’s seat. Administrator will not verify or vouch standard shall be met when calculated for the accuracy of the information. (e) Shall be visible and recognizable on data recorded for 100 milliseconds (5) Limitations on additional labels. to a driver and right front passenger after the initial deployment of the air (i) Except for the information on an during night and day when the bag. air bag maintenance label placed on the occupants have adapted to the ambient (c) For 12-month-old infant dummy sun visor pursuant to S4.5.1(a) of this light roadway conditions. low risk deployment tests, the injury standard, or on a utility vehicle warning (f) Telltales need not be visible or criteria specified in the standard shall label placed on the sun visor that recognizable when not activated. be met when calculated on data conforms in content, form, and recorded for 125 milliseconds after the (g) Means shall be provided for sequence to the label shown in Figure initiation of the final stage of air bag making telltales visible and recognizable 1 of 49 CFR 575.105, no other deployment designed to deploy in any to the driver and right front passenger information shall appear on the same full frontal rigid barrier crash up to 64 under all driving conditions. The means side of the sun visor to which the sun km/h (40 mph). for providing the required visibility may visor air bag warning label is affixed. (d) For driver-side low risk be adjustable manually or automatically, (ii) Except for the information in an except that the telltales may not be air bag alert label placed on the sun deployment tests, the injury criteria shall be met when calculated based on adjustable under any driving conditions visor pursuant to S4.5.1(c) of this to a level that they become invisible or standard, or on a utility vehicle warning data recorded for 125 milliseconds after the initiation of the final stage of air bag not recognizable to the driver and right label placed on the sun visor that front passenger. conforms in content, form, and deployment designed to deploy in any full frontal rigid barrier crash up to 26 (h) The telltale must not emit light sequence to the label shown in Figure except when the passenger air bag is 1 of 49 CFR 575.105, no other km/h (16 mph). (e) The requirements for dummy turned off or during a bulb check upon information about air bags or the need vehicle starting. to wear seat belts shall appear anywhere containment shall continue until both * * * * * on the sun visor. the vehicle and the dummies have (c) Air bag alert label. If the label ceased moving. S26.2.6 While maintaining the spine required by S4.5.1(b) is not visible when * * * * * angle, adjust the height of the dummy the sun visor is in the stowed position, S19.2.2 The vehicle shall be so that the bottom of the chin is in the an air bag alert label shall be equipped with at least one telltale same horizontal plane as the highest permanently affixed to that visor so that which emits light whenever the point of the air bag module cover the label is visible when the visor is in passenger air bag system is deactivated (dummy height can be adjusted using that position. The label shall conform in and does not emit light whenever the the seat height adjustments and/or content to the sun visor label shown in passenger air bag system is activated, spacer blocks). If the seat prevents the Figure 6(c) of this standard, and shall except that the telltale(s) need not bottom of the chin from being in the comply with the requirements of illuminate when the passenger seat is same horizontal plane as the module S4.5.1(c)(1) through S4.5.1(c)(3). unoccupied. Each telltale: cover, adjust the dummy height to as (1) The message area shall be black (a) Shall emit yellow light; close to the prescribed position as with yellow text. The message area shall (b) Shall have the identifying words possible. be no less than 20 square cm. ‘‘PASSENGER AIR BAG OFF’’ or ‘‘PASS * * * * *

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Issued on: December 31, 2002. Jeffrey W. Runge, Administrator. [FR Doc. 02–33146 Filed 12–31–02 2:31 pm] BILLING CODE 4910–59–C

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Proposed Rules Federal Register Vol. 68, No. 3

Monday, January 6, 2003

This section of the FEDERAL REGISTER 506, Kansas City, Missouri 64106. You contact we have with the public that contains notices to the public of the proposed may view any comments at this location concerns the substantive parts of this issuance of rules and regulations. The between 8 a.m. and 4 p.m., Monday proposed AD. purpose of these notices is to give interested through Friday, except Federal holidays. How Can I Be Sure FAA Receives My persons an opportunity to participate in the You may also send comments rule making prior to the adoption of the final Comment? rules. electronically to the following address: 9–ACE–7–[email protected]. Comments If you want FAA to acknowledge the sent electronically must contain receipt of your mailed comments, you DEPARTMENT OF TRANSPORTATION ‘‘Docket No. 2002–CE–55–AD’’ in the must include a self-addressed, stamped subject line. If you send comments postcard. On the postcard, write Federal Aviation Administration electronically as attached electronic ‘‘Comments to Docket No. 2002–CE–55– files, the files must be formatted in AD.’’ We will date stamp and mail the 14 CFR Part 39 Microsoft Word 97 for Windows or postcard back to you. ASCII text. Discussion [Docket No. 2002–CE–55–AD] You may get service information that RIN 2120–AA64 applies to this proposed AD from What Events Have Caused This Fairchild Dornier GmbH, P.O. Box 1103, Proposed AD? Airworthiness Directives; Dornier- D–82230 Wessling, Federal Republic of The Luftfahrt-Bundesamt (LBA), Werke G.m.b.H. Model Do 27 Q–6 Germany; telephone: (011) 49 81 53–30 which is the airworthiness authority for Airplanes 1; facsimile: (011) 49 81 53–30 29 01. Germany, recently notified FAA that an AGENCY: Federal Aviation You may also view this information at unsafe condition may exist on all Administration, DOT. the Rules Docket at the address above. Dornier Model Do 27 Q–6 airplanes. The FOR FURTHER INFORMATION CONTACT: ACTION: Notice of proposed rulemaking Karl LBA reports that, during an annual (NPRM). Schletzbaum, Aerospace Engineer, FAA, maintenance inspection, a damaged fuel Small Airplane Directorate, 901 Locust, line was found in the area between the SUMMARY: This document proposes to Room 301, Kansas City, Missouri 64106; firewall and the instrument panel in the adopt a new airworthiness directive telephone: (816) 329–4143; facsimile: fuselage. (AD) that would apply to all Dornier- (816) 329–4090. Further inspection revealed that the Werke G.m.b.H. (Dornier) Model Do 27 SUPPLEMENTARY INFORMATION: damaged fuel line was incorrectly Q–6 airplanes. This proposed AD would routed and not properly secured. require you to inspect the aileron and Comments Invited Incorrect installation of the fuel line flap control cables for proper clearance How Do I Comment on This Proposed allowed the aileron control cable to from the fuel lines in the fuselage and AD? chafe the fuel line, which caused the fuel line to leak. make necessary adjustments; and The FAA invites comments on this inspect the fuel lines for damage and proposed rule. You may submit What Are the Consequences if the correct routing. This proposed AD whatever written data, views, or Condition Is Not Corrected? would also require you to replace all arguments you choose. You need to damaged fuel lines and reroute This condition, if not detected, include the rule’s docket number and corrected, and prevented, could result incorrectly routed fuel lines. After all submit your comments to the address other corrective action is taken, this in fuel leaking into the fuselage. This specified under the caption ADDRESSES. could cause a fire or explosion. proposed AD would also require you to We will consider all comments received install protective sleeves on the fuel on or before the closing date. We may Is There Service Information That lines. This proposed AD is the result of amend this proposed rule in light of Applies to This Subject? mandatory continuing airworthiness comments received. Factual information Fairchild Dornier has issued Dornier information (MCAI) issued by the that supports your ideas and suggestions airworthiness authority for Germany. Do 27 Service Bulletin No. SB–1141– is extremely helpful in evaluating the 0000, dated June 12, 2002. The actions specified by this proposed effectiveness of this proposed AD action AD are intended to detect and correct and determining whether we need to What Are the Provisions of This Service damaged fuel lines and prevent the take additional rulemaking action. Information? potential for further damage occurring The service bulletin specifies the to the fuel lines in the fuselage. Damage Are There Any Specific Portions of This following: to the fuel lines could result in fuel Proposed AD I Should Pay Attention to? —Inspecting the aileron and flap control leaking into the fuselage which could The FAA specifically invites cables for proper clearance from the cause a fire or explosion. comments on the overall regulatory, fuel lines and making necessary DATES: The Federal Aviation economic, environmental, and energy adjustments; Administration (FAA) must receive any aspects of this proposed rule that might —Inspecting the fuel lines for damage comments on this proposed rule on or suggest a need to modify the proposed and correct routing; before February 14, 2003. rule. You may view all comments we —Replacing all damaged fuel lines and ADDRESSES: Submit comments to FAA, receive before and after the closing date rerouting all incorrectly routed fuel Central Region, Office of the Regional of the proposed rule in the Rules lines; and Counsel, Attention: Rules Docket No. Docket. We will file a report in the —Installing protective sleeves on the 2002–CE–55–AD, 901 Locust, Room Rules Docket that summarizes each fuel lines.

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What Action Did the LBA Take? —The unsafe condition referenced in necessary, adjustments and/or this document exists or could develop replacement within the next 10 hours The LBA classified this service on other Dornier Model Do 27 Q–6 time-in-service (TIS) after the effective bulletin as mandatory and issued airplanes of the same type design that date of the AD. We propose a German AD 2002–240, dated July 26, are on the U.S. registry; requirement that you inspect and, if 2002, in order to ensure the continued —The actions specified in the necessary, adjust and/or replace within airworthiness of these airplanes in previously-referenced service the next 55 hours TIS after the effective Germany. information should be accomplished date of this proposed AD. We do not Was This in Accordance With the on the affected airplanes; and have justification to require this action Bilateral Airworthiness Agreement? —AD action should be taken in order to within the next 10 hours TIS. correct this unsafe condition. This airplane model is manufactured We use compliance times such as 10 in Germany and is type certificated for What Would This Proposed AD Require? hours TIS when we have identified an operation in the United States under the This proposed AD would require you urgent safety of flight situation. We provisions of section 21.29 of the to inspect the aileron and flap control believe that 55 hours TIS will give the Federal Aviation Regulations (14 CFR cables in the fuselage for proper owners or operators of the affected 21.29) and the applicable bilateral clearance from the fuel lines and make airplanes enough time to have the airworthiness agreement. any necessary adjustments; and inspect proposed actions accomplished without Pursuant to this bilateral the fuel lines for damage and correct compromising the safety of the airworthiness agreement, the LBA has routing. This proposed AD would also airplanes. kept FAA informed of the situation require you to replace all damaged fuel Cost Impact described above. lines and reroute incorrectly routed fuel lines. After all other corrective action is How Many Airplanes Would This The FAA’s Determination and an taken, this proposed AD would also Proposed AD Impact? Explanation of the Provisions of This require you to install protective sleeves Proposed AD on the fuel lines. We estimate that this proposed AD affects 2 airplanes in the U.S. registry. What Has FAA Decided? What Is the Difference Between This What Would Be the Cost Impact of This The FAA has examined the findings Proposed AD, the LBA AD, and the Service Information? Proposed AD on Owners/Operators of of the LBA; reviewed all available the Affected Airplanes? information, including the service The LBA AD and the service information referenced above; and information requires (on German- We estimate the following costs to determined that: registered airplanes) inspection and, if accomplish the proposed inspection:

Total cost per Total cost on U.S. Labor cost Parts cost airplane operators

1 workhour × $60 = $60 ...... Not applicable ...... $60 $60 × 2 = $120

We estimate the following costs to required based on the results of the determining the number of airplanes reroute any fuel line that would be proposed inspection. We have no way of that may need such rerouting:

Total cost per Labor cost Parts cost airplane

2 workhours × $60 = $120 ...... No parts required ...... $120

We estimate the following costs to results of the proposed inspection. We of airplanes that may need such accomplish any necessary replacements have no way of determining the number replacements: that would be required based on the

Labor cost Parts cost Total cost per airplane

6 workhours × $60 = $360 ...... $140 $360 + $140 = $500

Regulatory Impact it is determined that this proposed rule Regulatory Policies and Procedures (44 would not have federalism implications FR 11034, February 26, 1979); and (3) if Would This Proposed AD Impact under Executive Order 13132. promulgated, will not have a significant Various Entities? economic impact, positive or negative, Would This Proposed AD Involve a on a substantial number of small entities The regulations proposed herein Significant Rule or Regulatory Action? would not have a substantial direct under the criteria of the Regulatory effect on the States, on the relationship For the reasons discussed above, I Flexibility Act. A copy of the draft between the national government and certify that this proposed action (1) is regulatory evaluation prepared for this the States, or on the distribution of not a ‘‘significant regulatory action’’ action has been placed in the Rules power and responsibilities among the under Executive Order 12866; (2) is not Docket. A copy of it may be obtained by various levels of government. Therefore, a ‘‘significant rule’’ under DOT contacting the Rules Docket at the

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location provided under the caption PART 39—AIRWORTHINESS all serial numbers, that are certificated in any ADDRESSES. DIRECTIVES category. (b) Who must comply with this AD? List of Subjects in 14 CFR Part 39 1. The authority citation for part 39 Anyone who wishes to operate any of the airplanes identified in paragraph (a) of this Air transportation, Aircraft, Aviation continues to read as follows: AD must comply with this AD. safety, Safety. Authority: 49 U.S.C. 106(g), 40113, 44701. (c) What problem does this AD address? The actions specified by this AD are intended The Proposed Amendment § 39.13 [Amended] to detect and correct damaged fuel lines and prevent the potential for further damage Accordingly, under the authority 2. FAA amends § 39.13 by adding a occurring to the fuel lines in the fuselage. delegated to me by the Administrator, new airworthiness directive (AD) to Damage to the fuel lines could result in fuel the Federal Aviation Administration read as follows: leaking into the fuselage which could cause a fire or explosion. proposes to amend part 39 of the Dornier-Werke G.M.B.H.: Docket No. 2002– Federal Aviation Regulations (14 CFR (d) What actions must I accomplish to CE–55–AD address this problem? To address this part 39) as follows: (a) What airplanes are affected by this AD? problem, you must accomplish the following, This AD affects Model Do 27 Q–6 airplanes, unless already accomplished:

Actions Compliance Procedures

(1) Inspect the following: ...... Within the next 55 hours time-in-service (TIS) In accordance with Fairchild Dornier Do 27 (i) the aileron and flap control cable for proper after the effective date of this AD. Service Bulletin No. SB–1141–0000, dated clearance from the fuel lines in the fuselage; June 12, 2002. and (ii) the fuel lines between the firewall and in- strument panel for damage and correct rout- ing. (2) Make adjustments and/or replacements if: .. Prior to further flight after the inspection re- In accordance with Fairchild Dornier Do 27 (i) improper clearance is detected between the quired in paragraph (d)(1) of this AD and if Service Bulletin No. SB–1141–0000, dated aileron and control cable and the fuel lines;. any of the conditions specified in paragraph June 12, 2002. (ii) any fuel line is found damaged; or (d)(2) of this AD are met. (iii) any fuel line is incorrectly routed (3) Install a protective sleeve around the fuel Prior to further flight after the inspection re- In accordance with Fairchild Dornier Do 27 lines. quired in paragraph (d)(1) of this AD and Service Bulletin No. SB–1141–0000, dated when all corrective actions have been ac- June 12, 2002. complished.

(e) Can I comply with this AD in any other FAA can issue a special flight permit under DEPARTMENT OF TRANSPORTATION way? You may use an alternative method of sections 21.197 and 21.199 of the Federal compliance or adjust the compliance time if: Aviation Regulations (14 CFR 21.197 and Federal Aviation Administration (1) Your alternative method of compliance 21.199) to operate your airplane to a location provides an equivalent level of safety; and where you can accomplish the requirements 14 CFR Part 39 (2) The Manager, Standards Office, Small of this AD. Airplane Directorate, approves your [Docket No. 2002–NM–143–AD] alternative. Submit your request through an (h) How do I get copies of the documents referenced in this AD? You may get copies of FAA Principal Maintenance Inspector, who RIN 2120–AA64 may add comments and then send it to the the documents referenced in this AD from Manager, Standards Office. Dornier GmbH, P.O. Box 1103, D–82230 Airworthiness Directives; Boeing Note 1: This AD applies to each airplane Wessling, Federal Republic of Germany; Model 767 Series Airplanes identified in paragraph (a) of this AD, telephone: (011) 49 81 53–30 1; facsimile: regardless of whether it has been modified, (011) 49 81 53–30 29 01. You may view these AGENCY: Federal Aviation altered, or repaired in the area subject to the documents at FAA, Central Region, Office of Administration, DOT. requirements of this AD. For airplanes that the Regional Counsel, 901 Locust, Room 506, ACTION: Notice of proposed rulemaking have been modified, altered, or repaired so Kansas City, Missouri 64106. that the performance of the requirements of (NPRM). this AD is affected, the owner/operator must Note 2: The subject of this AD is addressed SUMMARY: This document proposes the request approval for an alternative method of in German AD 2002–240, dated July 26, 2002. compliance in accordance with paragraph (e) adoption of a new airworthiness Issued in Kansas City, Missouri, on of this AD. The request should include an directive (AD) that is applicable to assessment of the effect of the modification, December 30, 2002. certain Boeing Model 767 series alteration, or repair on the unsafe condition James E. Jackson, airplanes. This proposal would require addressed by this AD; and, if you have not Acting Manager, Small Airplane Directorate, an inspection to detect cracks and eliminated the unsafe condition, specific Aircraft Certification Service. fractures of the outboard hinge fitting actions you propose to address it. [FR Doc. 03–146 Filed 1–3–03; 8:45 am] assemblies on the trailing edge of the (f) Where can I get information about any BILLING CODE 4910–13–P inboard main flap, and follow-on and already-approved alternative methods of corrective actions if necessary. For compliance? Contact Karl Schletzbaum, certain airplanes, this proposal would Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas also require a one-time inspection to City, Missouri 64106; telephone: (816) 329– determine if a tool runout procedure has 4144; facsimile: (816) 329–4090. been performed in the area. This action (g) What if I need to fly the airplane to is necessary to prevent the inboard aft another location to comply with this AD? The flap from separating from the wing and

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potentially striking the airplane, which request to change the service bulletin 767–400ER series airplanes. As a result, could result in damage to the reference as two separate issues. those fittings could be susceptible to surrounding structure and potential • For each issue, state what specific early fatigue cracking or fractures. personal injury. This action is intended change to the proposed AD is being Therefore, Model 767–400ER series to address the identified unsafe requested. airplanes are also subject to the unsafe condition. • Include justification (e.g., reasons or condition identified in this proposed data) for each request. AD. DATES: Comments must be received by Comments are specifically invited on February 20, 2003. the overall regulatory, economic, Explanation of Relevant Service ADDRESSES: Submit comments in environmental, and energy aspects of Information triplicate to the Federal Aviation the proposed rule. All comments The FAA has reviewed and approved Administration (FAA), Transport submitted will be available, both before Boeing Service Bulletin 767–57A0076, Airplane Directorate, ANM–114, and after the closing date for comments, Revision 1, dated March 29, 2001, Attention: Rules Docket No. 2002–NM– in the Rules Docket for examination by including Evaluation Form (for Model 143–AD, 1601 Lind Avenue, SW., interested persons. A report 767–200, –300, and 300F series Renton, Washington 98055–4056. summarizing each FAA-public contact airplanes); and Boeing Alert Service Comments may be inspected at this concerned with the substance of this Bulletin 767–57A0079, dated June 20, location between 9 a.m. and 3 p.m., proposal will be filed in the Rules 2002 (for Model 767–400ER series Monday through Friday, except Federal Docket. airplanes). (Although both service holidays. Comments may be submitted Commenters wishing the FAA to bulletins contain evaluation forms, only via fax to (425) 227–1232. Comments acknowledge receipt of their comments Service Bulletin 767–57A0076 states may also be sent via the Internet using submitted in response to this action that the evaluation form is ‘‘attached.’’ the following address: 9-anm- must submit a self-addressed, stamped This proposed AD would not require [email protected]. Comments sent postcard on which the following that any evaluation form be completed via fax or the Internet must contain statement is made: ‘‘Comments to and submitted.) The service bulletins ‘‘Docket No. 2002–NM–143–AD’’ in the Docket Number 2002–NM–143–AD.’’ describe procedures for a detailed subject line and need not be submitted The postcard will be date stamped and inspection to detect cracks and fractures in triplicate. Comments sent via the returned to the commenter. of the outboard hinge fitting assemblies Internet as attached electronic files must Availability of NPRMs on the trailing edge of the inboard main be formatted in Microsoft Word 97 for flap. Alternatively, the service bulletins Windows or ASCII text. Any person may obtain a copy of this NPRM by submitting a request to the provide procedures for performing a The service information referenced in combination of a detailed inspection the proposed rule may be obtained from FAA, Transport Airplane Directorate, ANM–114, Attention: Rules Docket No. and an eddy current inspection to detect Boeing Commercial Airplane Group, cracks and fractures of the same area. P.O. Box 3707, Seattle, Washington 2002–NM–143–AD, 1601 Lind Avenue, SW., Renton, Washington 98055–4056. Boeing Service Bulletin 767–57A0076 98124–2207. This information may be (for Model 767–200, –300, and –300F examined at the FAA, Transport Discussion series airplanes) also describes Airplane Directorate, 1601 Lind procedures for determining whether a Avenue, SW., Renton, Washington. The FAA has received a report indicating that, during a routine tool runout procedure has been done in FOR FURTHER INFORMATION CONTACT: maintenance inspection, fractured lugs the area, which would eliminate the Suzanne Masterson, Aerospace were found on both hinge fittings of the need for the terminating action and Engineer, Airframe Branch, ANM–120S, outboard hinge assembly mounted to further inspection, provided no cracks FAA, Seattle Aircraft Certification the inboard main flap on a Boeing or fractures are found. Follow-on and Office, 1601 Lind Avenue, SW., Renton, Model 767–300 series airplane. That corrective actions include repetitive Washington 98055–4056; telephone airplane had accumulated 9,598 total inspections and a ‘‘Terminating Action’’ (425) 227–2772; fax (425) 227–1181. flight hours and 5,393 total flight cycles. that involves replacing the outboard SUPPLEMENTARY INFORMATION: An optional ‘‘tool runout’’ procedure, hinge fittings of the trailing edge of the inboard main flap with new fittings. Comments Invited which allows the part to be machined thicker and reinforces the area, had not Accomplishment of the detailed and Interested persons are invited to been performed on the fitting assembly eddy current inspections would extend participate in the making of the that was damaged. No cracks or the interval for the next inspection (if proposed rule by submitting such fractures have been reported on fittings necessary) beyond the interval for the written data, views, or arguments as on which the optional tool runout detailed inspection alone. they may desire. Communications shall procedure had been performed. Accomplishment of the ‘‘Terminating identify the Rules Docket number and Cracked or fractured hinge fittings, if Action’’ would eliminate the need for be submitted in triplicate to the address not corrected, could result in the repetitive inspections. Accomplishment specified above. All communications inboard aft flap separating from the of the actions specified in the service received on or before the closing date wing and potentially striking the bulletins is intended to adequately for comments, specified above, will be airplane, and consequent damage to the address the identified unsafe condition. considered before taking action on the surrounding structure and potential Explanation of Requirements of proposed rule. The proposals contained personal injury. Proposed Rule in this action may be changed in light The hinge fittings on Model 767– of the comments received. 400ER series airplanes are similar in Since an unsafe condition has been Submit comments using the following design to those on Model 767–200, identified that is likely to exist or format: –300, and –300F series airplanes. develop on other products of this same • Organize comments issue-by-issue. Although the Model 767–400ER fittings type design, this proposed AD would For example, discuss a request to are wider and thicker, this area is require accomplishment of the actions change the compliance time and a subject to higher fatigue loads on Model specified in the service bulletins

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described previously, except as the States, or on the distribution of Compliance: Required as indicated, unless discussed below. power and responsibilities among the accomplished previously. various levels of government. Therefore, To prevent the inboard aft flap from Difference Between Proposed AD and it is determined that this proposal separating from the wing and potentially Relevant Service Information striking the airplane, which could result in would not have federalism implications damage to the surrounding structure and Although Service Bulletin 767– under Executive Order 13132. potential personal injury, accomplish the 57A0076 specifies that the manufacturer For the reasons discussed above, I following: may be contacted for instructions for certify that this proposed regulation (1) certain corrective actions, this proposed is not a ‘‘significant regulatory action’’ Inspection AD would require those corrective under Executive Order 12866; (2) is not (a) Perform either a detailed inspection, or actions to be accomplished in a ‘‘significant rule’’ under the DOT a detailed inspection plus an eddy current accordance with a method approved by Regulatory Policies and Procedures (44 inspection, of the outboard hinge fitting the FAA, or in accordance with data assemblies on the trailing edge of the inboard FR 11034, February 26, 1979); and (3) if main flap to detect cracks and fractures and meeting the type certification basis of promulgated, will not have a significant evidence of a tool runout procedure, as the airplane approved by a Boeing economic impact, positive or negative, applicable. Company Designated Engineering on a substantial number of small entities (1) For Model 767–200, –300, and –300F Representative who has been authorized under the criteria of the Regulatory series airplanes: Inspect before the airplane by the FAA to make such findings. Flexibility Act. A copy of the draft accumulates 2,700 total flight cycles, or within 90 days after the effective date of this Cost Impact regulatory evaluation prepared for this action is contained in the Rules Docket. AD, whichever occurs later, in accordance with Boeing Service Bulletin 767–57A0076, There are approximately 783 A copy of it may be obtained by airplanes of the affected design in the Revision 1, dated March 29, 2001, excluding contacting the Rules Docket at the Evaluation Form. worldwide fleet. The FAA estimates that location provided under the caption (2) For Model 767–400ER series airplanes: 354 airplanes of U.S. registry would be ADDRESSES. Inspect before the airplane accumulates affected by this proposed AD. 12,000 total flight cycles, in accordance with It would take approximately 2 work List of Subjects in 14 CFR Part 39 Boeing Alert Service Bulletin 767–57A0079, hours per airplane to accomplish the Air transportation, Aircraft, Aviation dated June 20, 2002. proposed detailed inspection, at an safety, Safety. Note 2: For the purposes of this AD, a average labor rate of $60 per work hour. detailed inspection is defined as: ‘‘An Based on these figures, the cost impact The Proposed Amendment intensive visual examination of a specific of this action is estimated to be $120 per Accordingly, pursuant to the structural area, system, installation, or airplane, per inspection cycle. authority delegated to me by the assembly to detect damage, failure, or It would take approximately 5 work Administrator, the Federal Aviation irregularity. Available lighting is normally hours per airplane to accomplish the Administration proposes to amend part supplemented with a direct source of good lighting at intensity deemed appropriate by proposed detailed visual and eddy 39 of the Federal Aviation Regulations the inspector. Inspection aids such as mirror, current inspections, at an average labor (14 CFR part 39) as follows: magnifying lenses, etc., may be used. Surface rate of $60 per work hour. Based on cleaning and elaborate access procedures these figures, the cost impact of these PART 39—AIRWORTHINESS may be required.’’ actions is estimated to be $300 per DIRECTIVES Follow-on/Corrective Actions airplane, per inspection cycle. 1. The authority citation for part 39 The cost impact figures discussed continues to read as follows: (b) Following the initial inspection(s) above are based on assumptions that no required by paragraph (a) of this AD: Perform operator has yet accomplished any of Authority: 49 U.S.C. 106(g), 40113, 44701. applicable follow-on and corrective actions at the time(s) specified in Figure 1 of Boeing the proposed requirements of this AD § 39.13 [Amended] action, and that no operator would Service Bulletin 767–57A0076, Revision 1, 2. Section 39.13 is amended by dated March 29, 2001, excluding Evaluation accomplish those actions in the future if adding the following new airworthiness Form (for Model 767–200, –300, and –300F this proposed AD were not adopted. The directive: series airplanes); or Boeing Alert Service cost impact figures discussed in AD Bulletin 767–57A0079, dated June 20, 2002 rulemaking actions represent only the Boeing: Docket 2002–NM–143–AD. (for Model 767–400ER series airplanes). Do time necessary to perform the specific Applicability: Model 767 series airplanes; the follow-on and corrective actions actions actually required by the AD. certificated in any category, line numbers 1 (including repetitive inspections and These figures typically do not include through 826 inclusive, 830, 842, 855, 856, replacement of the fittings with new fittings) 859, 862, 864 through 866 inclusive, 868, in accordance with Part 1 or Part 2 of the incidental costs, such as the time 869, 870 through 874 inclusive, and 876. required to gain access and close up, service bulletin, as applicable, except as Note 1: This AD applies to each airplane required by paragraph (d) of this AD. For planning time, or time necessitated by identified in the preceding applicability Model 767–200, –300, and –300F series other administrative actions. provision, regardless of whether it has been airplanes: If the fitting has the tool runout, The terminating action, if modified, altered, or repaired in the area and no cracking or fracture is found during accomplished, would take subject to the requirements of this AD. For the inspection, this AD requires no further approximately 24 work hours per airplanes that have been modified, altered, or action for that hinge fitting. airplane, at an average labor rate of $60 repaired so that the performance of the Exceptions to Service Bulletin Procedures per work hour. Based on these figures, requirements of this AD is affected, the the cost impact of this action is owner/operator must request approval for an (c) Where the terminating action in Part 3 estimated to be $1,440 per airplane. alternative method of compliance in of the service bulletin is specified as accordance with paragraph (i) of this AD. The corrective action in Boeing Service Bulletin Regulatory Impact request should include an assessment of the 767–57A0076, Revision 1, dated March 29, effect of the modification, alteration, or repair 2001, excluding Evaluation Form; and Boeing The regulations proposed herein on the unsafe condition addressed by this Alert Service Bulletin 767–57A0079, dated would not have a substantial direct AD; and, if the unsafe condition has not been June 20, 2002: This AD requires that the effect on the States, on the relationship eliminated, the request should include terminating action, if required, be between the national Government and specific proposed actions to address it. accomplished before further flight.

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(d) Boeing Service Bulletin 767–57A0076, listed in Table 1 of this AD, unless the pertain to submitting permit Revision 1, dated March 29, 2001, excluding applicable requirements of this AD have been applications and reclamation plans, and Evaluation Form, specifies to contact Boeing accomplished for that fitting. Table 1 follows: to add new provisions for providing before the terminating action is done as certain assistance to operators who mine corrective action for any cracking or fracture TABLE 1.—HINGE FITTING ASSEMBLY no more than 300,000 tons of coal. Utah found on a Model 767–200, –300, or –300F PART NUMBERS series airplane with the tool runout. This AD intends to revise its program to be requires that any such crack or fracture on consistent with SMCRA, to clarify 113T2271–13 ...... 113T2271–14 those airplanes be reported to the FAA in wording, and to recodify parts of the accordance with paragraph (e) of this AD and 113T2271–23 ...... 113T2271–24 Utah Code. repaired in accordance with Part 3 of the This document gives the times and 113T2271–29 ...... 113T2271–30 service bulletin. locations that the Utah program and Reporting Requirement 113T2271–33 ...... 113T2271–34 proposed amendment to that program (e) For any Model 767–200, –300, or –300F are available for your inspection, the 113T2271–401 ...... 113T2271–402 series airplane with the tool runout, on comment period during which you may which any cracking or fracture is found submit written comments on the Alternative Methods of Compliance during the inspection(s) required by amendment, and the procedures that we paragraph (a) of this AD: Submit a report of (i) An alternative method of compliance or will follow for the public hearing, if one the inspection findings to the Manager, adjustment of the compliance time that is requested. Seattle Aircraft Certification Office (ACO), provides an acceptable level of safety may be FAA, at the applicable time specified in used if approved by the Manager, Seattle DATES: We will accept written paragraph (e)(1) or (e)(2) of this AD. The ACO. Operators shall submit their requests comments on this amendment until 4:00 report must include the inspection results, a through an appropriate FAA Principal p.m., mountain standard time February description of any discrepancies found, the Maintenance Inspector, who may add 5, 2003. If requested, we will hold a airplane serial number, and the number of comments and then send it to the Manager, public hearing on the amendment on landings and flight hours on the airplane. Seattle ACO. January 31, 2003. We will accept Information collection requirements Note 3: Information concerning the contained in this AD have been approved by requests to speak until 4:00 p.m., existence of approved alternative methods of mountain standard time on January 21, the Office of Management and Budget (OMB) compliance with this AD, if any, may be under the provisions of the Paperwork obtained from the Seattle ACO. 2003. Reduction Act of 1980 (44 U.S.C. 3501 et ADDRESSES: You should mail or hand- seq.) and have been assigned OMB Control Special Flight Permits deliver written comments and requests Number 2120–0056. (j) Special flight permits may be issued in (1) For airplanes on which the initial to speak at the hearing to James F. accordance with sections 21.197 and 21.199 inspection is done after the effective date of Fulton at the address listed below. odf the Federal Aviation Regulations (14 CFR this AD: Submit the report within 30 days You may review copies of the Utah 21.197 and 21.199) to operate the airplane to after performing the inspection required by a location where the requirements of this AD program, this amendment, a listing of paragraph (a) of this AD. can be accomplished. any scheduled public hearings, and all (2) For airplanes on which the initial written comments received in response inspection was done before the effective date Issued in Renton, Washington, on to this document at the addresses listed of this AD: Submit the report within 30 days December 30, 2002. after the effective date of this AD. below during normal business hours, Kevin Mullin, Monday through Friday, excluding Terminating Action Acting Manager, Transport Airplane holidays. You may receive one free copy (f) Unless required to do so by paragraph Directorate, Aircraft Certification Service. of the amendment by contacting Office (b) of this AD: Operators may choose to [FR Doc. 03–152 Filed 1–3–03; 8:45 am] of Surface Mining Reclamation and accomplish the terminating action (including BILLING CODE 4910–13–P Enforcement (OSM’s) Denver Field replacement of the fittings with new fittings, Division. and reinstallation of existing upper skin James F. Fulton, Chief, Denver Field access panels and fairing midsections on the DEPARTMENT OF THE INTERIOR trailing edge of the main flap) in accordance Division, Office of Surface Mining with Part 3 of the Work Instructions of Office of Surface Mining Reclamation Reclamation and Enforcement, 1999 Boeing Service Bulletin 767–57A0076, and Enforcement Broadway, Suite 3320, Denver, Revision 1, dated March 29, 2001, excluding Colorado 80202–5733, Telephone: Evaluation Form; or Boeing Alert Service (303) 844–1400, extension 1424, E- Bulletin 767–57A0079, dated June 20, 2002; 30 CFR Part 944 as applicable. Accomplishment of the mail: [email protected]. [SATS No. UT–042–FOR] terminating action terminates the repetitive Lowell P. Braxton, Director, Division of Oil, Gas and Mining, 1594 West North inspection requirements of paragraph (b) of Utah Regulatory Program this AD. Temple, Suite 1210, P.O. Box 145801, Credit for Prior Accomplishment Per Earlier AGENCY: Office of Surface Mining Salt Lake City, Utah 84114–5801, Service Information Reclamation and Enforcement, Interior. Telephone: (801) 538–5340, E-mail: (g) Accomplishment before the effective ACTION: Proposed rule; public comment [email protected]. date of this AD of an inspection, associated period and opportunity for public FOR FURTHER INFORMATION CONTACT: follow-on and corrective actions, and hearing on proposed amendment. James F. Fulton, Chief, Denver Field terminating action in accordance with Boeing Division, telephone: (303) 844–1400, Service Bulletin 767–57A0076, dated October SUMMARY: We are announcing receipt of 26, 2000, is acceptable for compliance with a proposed amendment to the Utah extension 1424. Internet: the corresponding requirements of this AD regulatory program (hereinafter, the [email protected]. for applicable airplanes. ‘‘Utah program’’) under the Surface SUPPLEMENTARY INFORMATION: Part Installation Mining Control and Reclamation Act of I. Background on the Utah Program (h) As of the effective date of this AD, no 1977 (SMCRA or the Act). The State II. Description of the Proposed Amendment person may install on any airplane a hinge proposes to revise provisions of the III. Public Comment Procedures fitting assembly that has any part number Utah Code Annotated (UCA) that IV. Procedural Determinations

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I. Background on the Utah Program the program amendment is available for Denver Field Division may not be Section 503(a) of the Act permits a you to read at the locations listed above logged in. under ADDRESSES. State to assume primacy for the Electronic Comments regulation of surface coal mining and Specific changes Utah proposes to reclamation operations on non-Federal make to UCA 40–10–10 in this Please submit Internet comments as and non-Indian lands within its borders amendment include: Clarifying 40–10– an ASCII file avoiding the use of special by demonstrating that its State program 10–(1), which describes application characters and any form of encryption. includes, among other things, ‘‘a State fees; designating new 40–10–10(2)(a) Please also include ‘‘Attn: SATS No. law which provides for the regulation of and clarifying it and (2)(a)(ii), (iii), (iv) UT–042–FOR’’ and your name and surface coal mining and reclamation and (vi), which generally describe how return address in your Internet message. operations in accordance with the permit applications and reclamation If you do not receive a confirmation that requirements of the Act * * *; and rules plans are to be submitted to the State as we have received your Internet message, and regulations consistent with well as ownership and right of entry contact the Denver Field Division at regulations issued by the Secretary information to be included with permit (303) 844–1400, extension 1424. pursuant to the Act.’’ See 30 U.S.C. applications and reclamation plans; Availability of Comments 1253(a)(1) and (7). On the basis of these clarifying 40–10–10(2)(b), (c), and (d) criteria, the Secretary of the Interior and recodifying subordinate parts of We will make comments, including conditionally approved the Utah those subsections, which describe the names and addresses of respondents, program on January 21, 1981. You can maps and information about legal right available for public review during find background information on the of entry, probable hydrologic normal business hours. We will not Utah program, including the Secretary’s consequences and other hydrology consider anonymous comments. If findings, the disposition of comments, information, and characteristics of the individual respondents request and the conditions of approval of the coal to be mined that must be included confidentiality, we will honor their Utah program in the January 21, 1981, in permit applications; removing request to the extent allowable by law. Federal Register (46 FR 5899). You can existing 40–10–10(3) and replacing it Individual respondents who wish to also find later actions concerning Utah’s with new 40–10–10(3)(a), (a)(i) through withhold their name or address from program and program amendments at 30 (a)(vi), (b), and (c), all of which pertain public review, except for the city or CFR 944.15 and 944.30. to assistance available to eligible small town, must state this prominently at the operators to gather and pay for certain beginning of their comments. We will II. Description of the Proposed baseline and survey data and limitations Amendment make all submissions from on that assistance; clarifying and organizations or businesses, and from By letter dated October 22, 2002, Utah recodifying 40–10–10(4)(a) and (b), individuals identifying themselves as sent us a proposed amendment to its which address availability of representatives or officials of program (UT–042–FOR, administrative information pertaining to the coal; organizations or businesses, available record number UT–1171) under SMCRA clarifying 40–10–10(5), which describes for public review in their entirety. (30 U.S.C. 1201 et seq.). Utah sent the how to file a permit application; amendment in response to a June 19, clarifying and recodifying 40–10– Public Hearing 1997, letter (administrative record 10(6)(a), (b), (b)(i) and (ii), which number UT–1093) that we sent to the describe the proof and type of insurance If you wish to speak at the public State in accordance with 30 CFR required to accompany a permit hearing, contact the person listed under 732.17(c). The State previously application; and clarifying 40–10–10(7), FOR FURTHER INFORMATION CONTACT by addressed most of the topics included in which requires a blasting plan to be part 4:00 p.m., mountain standard time, by our June 19, 1997, letter in amendment of a permit application. January 21, 2003. If you are disabled and need special accommodations to UT–038–FOR, which we approved in III. Public Comment Procedures the April 24, 2001, Federal Register (66 attend a public hearing, contact the FR 20600). Some of the topics described Under the provisions of 30 CFR person listed under FOR FURTHER in that letter changed the small operator 732.17(h), we are seeking your INFORMATION CONTACT. We will arrange assistance program (SOAP) by raising comments on whether the amendment the location and time of the hearing the limit on coal production from satisfies the applicable program with those persons requesting the 100,000 tons to 300,000 tons and approval criteria of 30 CFR 732.15. If we hearing. If no one requests an describing changes in the type of approve the amendment, it will become opportunity to speak, we will not hold assistance available to eligible operators part of the Utah program. the hearing. under that program. We noted in our To assist the transcriber and ensure an Written Comments letter that those changes might require accurate record, we request, if possible, changes in State statutes. In Utah’s case, Send your written or electronic that each person who speaks at a public it must change the SOAP provisions in comments to OSM at the address given hearing provide us with a written copy the Utah Code Annotated before it can above. Your comments should be of his or her comments. The public change its corresponding rules. This specific, pertain only to the issues hearing will continue on the specified amendment proposes to make those proposed in this rulemaking, and date until everyone scheduled to speak SOAP changes in Utah’s Code. In include explanations in support of your has been given an opportunity to be addition, the State proposes to make recommendations. We will not consider heard. If you are in the audience and other changes at its own initiative or respond to your comments when have not been scheduled to speak and throughout the same section of its Code developing the final rule if they are wish to do so, you will be allowed to that clarify the wording and recodify received after the close of the comment speak after those who have been certain parts. The proposed period (see Dates). We will make every scheduled. We will end the hearing after clarifications involve rewording and attempt to log all comments into the everyone scheduled to speak and others restructuring sentences and phrases and administrative record, but comments present in the audience who wish to changing punctuation. The full text of delivered to an address other than the speak, have been heard.

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Public Meeting regulating surface coal mining and costs or prices for consumers, If only one person requests an reclamation operations be ‘‘in individual industries, Federal, State, or opportunity to speak, we may hold a accordance with’’ the requirements of local government agencies, or public meeting rather than a public SMCRA. geographic regions; and (c) does not have significant adverse effects on hearing. If you wish to meet with us to Executive Order 13211—Regulations competition, employment, investment, discuss the amendment, please request That Significantly Affect the Supply, productivity, innovation, or the ability a meeting by contacting the person Distribution, or Use of Energy listed under FOR FURTHER INFORMATION of U.S.-based enterprises to compete On May 18, 2001, the President issued CONTACT. All such meetings are open to with foreign-based enterprises. This Executive Order 13211 which requires the public and, if possible, we will post determination is based upon the fact agencies to prepare a Statement of notices of meetings at the locations that the State submittal, which is the Energy Effects for a rule that is (1) listed under ADDRESSES. We will make subject of this rule, is based on Federal considered significant under Executive a written summary of each meeting a regulations for which an analysis was Order 12866, and (2) likely to have a part of the administrative record. prepared and a determination made that significant adverse effect on the supply, the Federal regulations were not IV. Procedural Determinations distribution, or use of energy. Because considered a major rule. this rule is exempt from review under Executive Order 12630—Takings Executive Order 12866 and is not Unfunded Mandates This rule does not have takings expected to have a significant adverse This rule will not impose an implications. This determination is effect on the supply, distribution, or use unfunded mandate on State, local, or based on the analysis performed for the of energy, a Statement of Energy Effects tribal governments or the private sector Federal regulations. is not required. of $100 million or more in any given year. This determination is based upon Executive Order 12866—Regulatory National Environmental Policy Act Planning and Review the fact that the State submittal, which This rule does not require an is the subject of this rule, is based on This rule is exempted from review by environmental impact statement Federal regulations for which an the Office of Management and Budget because section 702(d) of SMCRA (30 analysis was prepared and a (OMB) under Executive Order 12866. U.S.C. 1292(d)) provides that agency determination made that the Federal Executive Order 12988—Civil Justice decisions on proposed State regulatory regulations did not impose an unfunded Reform program provisions do not constitute mandate. major Federal actions within the The Department of the Interior meaning of section 102(2)(C) of the List of Subjects in 30 CFR Part 944 conducted the reviews required by National Environmental Policy Act (42 Intergovernmental relations, Surface section 3 of Executive Order 12988 and U.S.C. 4332(2)(C)). mining, Underground mining. determined that this rule meets the applicable standards of subsections (a) Paperwork Reduction Act Dated: October 31, 2002. and (b) of that section. However, these This rule does not contain Brent Wahlquist, standards are not applicable to the information collection requirements that Regional Director, Western Regional actual language of State regulatory require approval by OMB under the Coordinating Center. programs and program amendments Paperwork Reduction Act (44 U.S.C. [FR Doc. 03–158 Filed 1–3–03; 8:45 am] because each program is drafted and 3507 et seq.). BILLING CODE 4310–05–P promulgated by a specific State, not by OSM. Under sections 503 and 505 of Regulatory Flexibility Act SMCRA (30 U.S.C. 1253 and 1255) and The Department of the Interior DEPARTMENT OF TRANSPORTATION the Federal regulations at 30 CFR certifies that this rule will not have a 730.11, 732.15, and 732.17(h)(10), significant economic impact on a Coast Guard decisions on proposed State regulatory substantial number of small entities programs and program amendments under the Regulatory Flexibility Act (5 33 CFR Part 151 submitted by the States must be based U.S.C. 601 et seq.). The State submittal, [USCG–2002–13147] solely on a determination of whether the which is the subject of this rule, is based submittal is consistent with SMCRA and on Federal regulations for which an RIN 2115–AG50 its implementing Federal regulations economic analysis was prepared and Penalties for Non-submission of and whether the other requirements of certification made that such regulations Ballast Water Management Reports 30 CFR Parts 730, 731, and 732 have would not have a significant economic been met. effect on a substantial number of small AGENCY: Coast Guard, DOT. entities. In making the determination as Executive Order 13132—Federalism ACTION: Notice of proposed rulemaking. to whether this rule would have a This rule does not have federalism significant economic impact, the SUMMARY: The Coast Guard proposes implications. SMCRA delineates the Department relied upon the data and penalty provisions for non-submission roles of the Federal and State assumptions for the Federal regulations. of Ballast Water Management Reports. governments with regard to the The Coast Guard also proposes regulation of surface coal mining and Small Business Regulatory Enforcement widening the applicability of the reclamation operations. One of the Fairness Act reporting and recordkeeping purposes of SMCRA is to ‘‘establish a This rule is not a major rule under 5 requirements to all vessels bound for nationwide program to protect society U.S.C. 804(2), the Small Business ports or places within the United States, and the environment from the adverse Regulatory Enforcement Fairness Act. with minor exceptions. The proposed effects of surface coal mining This rule: (a) Does not have an annual actions would increase the Coast operations.’’ Section 503(a)(1) of effect on the economy of $100 million; Guard’s ability to protect against SMCRA requires that State laws (b) will not cause a major increase in introductions of new aquatic invasive

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species via ballast water discharges, as rule, call Mr. Bivan Patnaik, G–MSO–4, (58 FR 18330, April 8, 1993) mandating required by the Nonindigenous Aquatic Coast Guard, telephone 202–267–1744. BWM for the Great Lakes (33 CFR part Nuisance Prevention and Control and If you have questions on viewing or 151, subpart C), and later extended the the National Invasive Species Acts. submitting material to the docket, call provisions to include the Hudson River DATES: Comments and related material Dorothy Beard, Chief, Dockets, north of the George Washington Bridge must reach the Docket Management Department of Transportation, (59 FR 67632, Dec. 30, 1994). In 1999, Facility on or before April 7, 2003. telephone 202–366–5149. responding to NISA’s directive, we Comments sent to the Office of SUPPLEMENTARY INFORMATION: published an interim rule (64 FR 26672, May 17, 1999) that set voluntary BWM Management and Budget (OMB) on Request for Comments collection of information must reach guidelines for most vessels entering all OMB on or before April 7, 2003. We encourage you to participate in other U.S. waters, and mandated BWM this rulemaking by submitting reporting and recordkeeping ADDRESSES: To make sure that your comments and related material. If you comments and related material are not requirements, without penalty do so, please include your name and provisions. Our Final Rule entered more than once in the docket, address, identify the docket number for implementing these NISA-required please submit them by only one of the this rulemaking (USCG–2002–13147), regulations was published on November following means: indicate the specific section of this (1) By mail to the Docket Management 21, 2001 (66 FR 58381). document to which each comment In NISA, Congress also instructed the Facility (USCG–2002–13147), U.S. applies, and give the reason for each Secretary of Transportation (Secretary) Department of Transportation, room PL– comment. You may submit your to submit a Report to Congress 401, 400 Seventh Street SW., comments and material by mail, hand evaluating the effectiveness of the Washington, DC 20590–0001. delivery, fax, or electronic means to the voluntary program. Congress anticipated (2) By delivery to room PL–401 on the Docket Management Facility at the that, in this Report, the Secretary might Plaza level of the Nassif Building, 400 address under ADDRESSES; but please determine that either compliance with Seventh Street SW., Washington, DC, submit your comments and material by the voluntary guidelines was between 9 a.m. and 5 p.m., Monday only one means. If you submit them by inadequate, or the rate of reporting was through Friday, except Federal holidays. mail or hand delivery, submit them in too low to allow for a valid assessment The telephone number is 202–366– an unbound format, no larger than 81⁄2 of the compliance. In either case, 9329. by 11 inches, suitable for copying and Congress stipulated the development of (3) By fax to the Docket Management electronic filing. If you submit them by additional regulations to make the Facility at 202–493–2251. mail and would like to know that they voluntary guidelines a mandatory BWM (4) Electronically through the Web reached the Facility, please enclose a program, and providing penalties for Site for the Docket Management System stamped, self-addressed postcard or violations of these regulations. The at http://dms.dot.gov. Secretary’s report, signed June 3, 2002, You must also mail comments on envelope. We will consider all concluded that compliance with the collection of information to the Office of comments and material received during reporting requirement of 33 CFR part Information and Regulatory Affairs, the comment period. We may change this proposed rule in view of them. 151, subpart D was insufficient to allow Office of Management and Budget, 725 for an accurate assessment of the 17th Street NW., Washington, DC 20503, Public Meeting voluntary BWM regime. Accordingly, ATTN: Desk Officer, U.S. Coast Guard. We do not plan to hold a public the Secretary stated his intention to The Docket Management Facility meeting. But you may submit a request make the voluntary BWM requirements maintains the public docket for this for one to the Docket Management mandatory and include sanctions as an rulemaking. Comments and material Facility at the address under ADDRESSES enforcement tool. A copy of the Report received from the public, as well as explaining why one would be to Congress has been placed in the documents mentioned in this preamble beneficial. If we determine that one docket for this rulemaking (USCG– as being available in the docket, will would aid this rulemaking, we will hold 2002–13147) and is available at http:// become part of this docket and will be one at a time and place announced by dms.dot.gov. available for inspection or copying at a later notice in the Federal Register. In carrying out Congress’ intent of a room PL–401 on the Plaza level of the stepped approach, the Coast Guard, as Background and Purpose Nassif Building, 400 Seventh Street the Secretary’s delegate, is moving SW., Washington, DC, between 9 a.m. Congress, in the Nonindigenous forward with the promulgation of and 5 p.m., Monday through Friday, Aquatic Nuisance Prevention and penalty provisions for those who fail to except Federal holidays. You may also Control Act of 1990 (NANPCA), as submit reports of their BWM activities find this docket on the Internet at http:/ amended by the National Invasive in conjunction with their voyages to /dms.dot.gov. Species Act of 1996 (NISA), directed the U.S. ports. This step will also include Anyone is able to search the Coast Guard to issue regulations and broadening the class of vessels required electronic form of all comments guidelines for ballast water management to submit and keep, respectively, ballast received into any of our dockets by the (BWM). The goal of BWM is to prevent water management reports and records. name of the individual submitting the the introduction and dispersal of This proposed rule will not broaden comment (or signing the comment, if nonindigenous species (NIS) to U.S. the class of vessels required to conduct submitted on behalf of an association, waters via ballast water discharges. This ballast water exchange. The Coast Guard business, labor union, etc.). You may proposed rule would amend U.S. will address this subject in a separate review DOT’s complete Privacy Act regulations by promulgating penalty rulemaking that is under development. Statement in the Federal Register provisions for those who fail to submit published on April 11, 2000 (Volume reports of their BWM activities in Related Projects 65, Number 70; pages 19477–78) or you conjunction with their voyages to U.S. The Coast Guard is currently working may visit http://dms.dot.gov. ports. on a number of other projects related to FOR FURTHER INFORMATION CONTACT: If Responding to NANPCA’s directive, addressing the aquatic invasive species you have questions on this proposed the Coast Guard published a Final Rule problem in U.S. waters. As mentioned

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above, the Coast Guard is developing mandatory reporting and recordkeeping crude oil tankers engaged in coastwise regulations to convert the voluntary provisions (for all vessels bound for trade, Department of Defense and Coast guidelines in 33 CFR part 151, subpart ports or places within the United States) Guard vessels, and those vessels D to a mandatory BWM program. would be liable for a civil penalty of up operating solely within one Captain of NANPCA and NISA authorize the to $25,000 for each violation, with each the Port (COTP) zone would be exempt Coast Guard to approve alternate ballast day of a continuing violation equaling a from the reporting and recordkeeping water treatment (BWT) methods that are separate violation. Knowing violations requirements. found to be at least as effective as ballast of either provision would be class C The proposed changes to the water exchange (BWE) in preventing felonies. These changes can be found in regulatory text in subpart D (with the and controlling infestations of aquatic proposed sections 151.1518 and exception of section 151.2007) would nuisance species (ANS). Therefore, in 151.2007. achieve this second objective, while order to evaluate the effectiveness of The second change would increase improving the readability of the subpart. alternative BWT methods, the Coast the number of vessels subject to the One proposed change that should be Guard must first define for reporting and recordkeeping provisions highlighted is in sections 151.2010(b) programmatic purposes what ‘‘as of subpart D. This expansion of the and (d), where we are proposing the effective as [BWE]’’ means. On March 4, reporting population is being proposed deletion of the exemptions for ‘‘a 2002, the Coast Guard published an in order to generate the data that will passenger vessel equipped with a advance notice of proposed rulemaking allow for a more thorough functioning treatment system designed (ANPRM) titled ‘‘Standards for Living understanding of ballast water delivery to kill aquatic organisms in the ballast Organisms in Ship’s Ballast Water and management practices and how water’’ and ‘‘a vessel that will discharge Discharged in U.S. Waters’’ (67 FR these relate to invasions of ANS from ballast water or sediments only at the 9632). Along with proposing BWT goals ships’ ballast water on both a national same location where the ballast water or and standards, one of the purposes of and regional basis. This information sediments originated’’. These the ANPRM was to present our should provide a clearer picture of the exemptions were intended to apply to a approach to clarifying this term. The realities of BWM and ANS invasions requirement to conduct a ballast water comment period on the ANPRM closed over time and lead to a more effective exchange (BWE). As there are no on June 3, 2002, and the Coast Guard is and efficient program. requirements for BWE outside of the now analyzing the comments. Currently, only those vessels entering Great Lakes and Hudson River North of The Coast Guard is also planning on United States waters after operating George Washington Bridge, there is promulgating rules to allow for approval outside of the EEZ (which for the nothing in 33 CFR 151 Subpart D to be of ship-board installation of purposes of NANPCA as amended by exempted from and the continued experimental BWT technologies. NISA includes the equivalent zone of inclusion of this wording only leads to Canada) must submit ballast water confusion. Requiring these previously Discussion of Proposed Rule management reports and keep accurate exempted vessels to submit BWM The proposed amendments to 33 CFR ballast water management records. reports will allow the U.S. Coast Guard part 151 would achieve two objectives. Under the proposed changes, all vessels to gain a more thorough understanding First, penalty provisions would be operating in United States waters bound of ballast water delivery and clearly spelled out in both subparts C for ports or places in the United States management practices. In the future, and D, in accordance with NANPCA would have to submit these reports and when ballast water exchange becomes and NISA. Violators of either the keep records, regardless of whether they mandatory (as we expect it will), we mandatory exchange provisions (for operated outside of the EEZ. The will ensure that these exemptions are re- vessels bound for the Great Lakes or proposed reporting requirements are inserted into the regulations as portions of the Hudson River) or the detailed in Tables 1 and 2, below. Only appropriate.

TABLE 1.—WHERE AND WHEN MUST A VESSEL SUBMIT A REPORT IF THEY ARE ENTERING THE WATERS OF THE UNITED STATES AFTER OPERATING OUTSIDE THE EEZ?

Bound for: You must submit your report as detailed below:

The Great Lakes ...... Fax the information to the U.S. Coast Guard COTP Buffalo, Massena Detach- ment (315–764–3283) or to the St. Lawrence Seaway Development Corpora- tion (315–764–3250) at least 24 hours before the vessel arrives in Montreal, Quebec. In lieu of faxing, vessels that are not U.S. or Canadian flagged vessels may com- plete the ballast water information section of the St. Lawrence Seaway ‘‘Pre- entry Information from Foreign Flagged Vessel Form’’. Hudson River north of the George Washington Bridge ...... Fax the information to the COTP New York at (718–354–4249) at least 24 hours before the vessel arrives at New York, New York. *Note: Vessels entering COTP New York Zone which are not proceeding up the Hudson River north of George Washington Bridge should submit their reports in accordance with the instructions in the following block. All U.S. ports other than the Great Lakes or the Hudson Report before departing the port or place of departure if voyage is less than 24 River North of the George Washington Bridge. hours, or at least 24 hours before arrival at the port or place of destination if the voyage exceeds 24 hours; and Submit the required information to the National Ballast Information Clearinghouse (NBIC) by one of the following means: Internet at http://invasions.si.edu/ballast.htm; E-mail to [email protected]; Fax to 301–261–4319; or Mail to U.S. Coast Guard, c/o SERC, P.O. Box 28, Edgewater, MD 21037–0028.

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TABLE 2.—WHERE AND WHEN MUST A VESSEL SUBMIT A REPORT IF THE VESSEL DID NOT OPERATE OUTSIDE THE EEZ?

Bound for: You must submit your report as detailed below:

All U.S. ports including the Great Lakes and Hudson River Report before departing the port or place of departure if voyage is less than 24 North of George Washington Bridge. hours, or at least 24 hours before arrival at the port or place of destination if the voyage exceeds 24 hours; and Submit the required information to the National Ballast Information Clearinghouse (NBIC) by one of the following means: Internet at http://invasions.si.edu/ballast.htm; E-mail to [email protected]; Fax to 301–261–4319; or Mail to U.S. Coast Guard, c/o SERC, P.O. Box 28, Edgewater, MD 21037–0028.

We would appreciate any comments complete the form and submit it to the that your business, organization, or on whether these proposed changes Coast Guard. We estimate that it costs governmental jurisdiction qualifies as a have unintentionally changed the $35 per hour for the labor to complete small entity and that this rule would voluntary guidelines in a manner not and submit each form. If there are have a significant economic impact on discussed above. 20,000 arrivals from domestic ports it, please submit a comment to the annually, this means the annual cost of Docket Management Facility at the Regulatory Evaluation the proposed rule is $466,667 ($35 × address under ADDRESSES. In your This proposed rule is a ‘‘significant 0.666 hours × 20,000 ballast water comment, explain why you think it regulatory action’’ under section 3(f) of reports). qualifies and how and to what degree Executive Order 12866, regulatory The benefit of the proposed rule is an this rule would economically affect it. Planning and Review. The Office of increase in the amount and quality of Assistance for Small Entities Management and Budget has reviewed it BWM information provided to the Coast under that order. It is ‘‘significant’’ Guard. This will allow the Coast Guard Under section 213(a) of the Small under the regulatory policies and to more accurately analyze and assess Business Regulatory Enforcement procedures of the Department of the BWM practices and delivery Fairness Act of 1996 (Public Law 104– Transportation (DOT) [44 FR 11040 patterns of vessels navigating in U.S. 121), we want to assist small entities in (February 26, 1979)]. A draft Regulatory waters and take appropriate understanding this proposed rule so that Evaluation under paragraph 10(e) of the programmatic action. they can better evaluate its effects on regulatory policies and procedures of them and participate in the rulemaking. DOT follows: Small Entities If the rule would affect your small This Regulatory Evaluation estimates Under the Regulatory Flexibility Act business, organization, or governmental the costs and benefits of the proposed (5 U.S.C. 601–612), we have considered jurisdiction and you have questions rule for civil penalties and new whether this proposed rule would have concerning its provisions or options for reporting requirements for vessels a significant economic impact on a compliance, please consult Lieutenant arriving from domestic ports of origin. substantial number of small entities. Commander Mary Pat McKeown at 202– The costs of collecting and reporting The term ‘‘small entities’’ comprises 267–0500. ballast water information for vessels small businesses, not-for-profit Small businesses may send comments arriving from foreign ports of origin organizations that are independently on the actions of Federal employees who enforce, or otherwise determine have already been accounted for in owned and operated and are not compliance with, Federal regulations to previous Regulatory Evaluations and an dominant in their fields, and the Small Business and Agriculture OMB-approved collection of governmental jurisdictions with Regulatory Enforcement Ombudsman information (OMB 2115–0598). populations of less than 50,000. and the Regional Small Business Therefore, in this Regulatory Evaluation, We do not expect that a substantial Regulatory Fairness Boards. The we account only for the costs of number of small businesses will be Ombudsman evaluates these actions reporting that will be incurred by significantly affected by this annually and rates each agency’s vessels arriving in U.S. ports from other rulemaking. The final rule responsiveness to small business. If you U.S. ports (i.e., domestic voyages). implementing NISA, published in wish to comment on actions by According to data from the Coast November of 2001 (66 FR 58381), was employees of the Coast Guard, call 1– Guard, the U.S. Customs Service, and able to certify that a significant number 888–REG–FAIR (1–888–734–3247). the U.S. Maritime Administration, there of small entities were not substantially are approximately 70,000 arrivals in affected by that rule. We do not expect Collection of Information U.S. ports annually. Of these, 50,000 that this will change by increasing the Title: Ballast Water Management for have a foreign port of origin and the number of vessels subject to the Vessels with Ballast Tanks Entering U.S. remaining 20,000 have a domestic port reporting requirements, to cover all Waters of origin. Those vessels arriving from vessels equipped with ballast water Summary of the Collection of foreign ports of origin have already been tanks that are bound for ports or places Information: The proposed rule will reporting ballast water management within the United States, since the cost require 46,833 hours of labor burden practices under existing regulations. per ballast water report is only $23 (40 annually for mandatory reporting and Under the proposed rule, the 20,000 minutes x $35/hours). recordkeeping requirements. arrivals from domestic ports will now Therefore, the Coast Guard certifies Need for Information: The submit ballast water reports. under 5 U.S.C. 605(b) that this proposed information collection requirement Based on the current collection, we rule would not have a significant described in this section is necessary to estimate that each ballast water report economic impact on a substantial carry out the reporting requirement of takes 40 minutes (0.666 hours) to number of small entities. If you think title 16 U.S.C. 4711, which concerns the

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management of ballast water to prevent Management and Budget (OMB) for its $100,000,000 or more in any one year. the introduction of aquatic nuisance review of the collection of information. Though this proposed rule would not species into U.S. waters. We ask for public comment on the result in such an expenditure, we do Proposed Use of Information: The proposed collection of information to discuss the effects of this rule elsewhere purpose of the information collection is help us determine how useful the in this preamble. to more fully understand and respond to information is; whether it can help us the threat posed by ballast water. The perform our functions better; whether it Taking of Private Property Coast Guard and researchers, from both is readily available elsewhere; how This proposed rule would not effect a private and other governmental accurate our estimate of the burden of taking of private property or otherwise agencies, will use the information to collection is; how valid our methods for have taking implications under assess the effectiveness of the voluntary determining burden are; how we can Executive Order 12630, Governmental ballast water management guidelines. improve the quality, usefulness, and Actions and Interference with The collection of information for the clarity of the information; and how we Constitutionally Protected Property proposed rule modifies an existing can minimize the burden of collection. Rights. OMB-approved collection (OMB 2115– If you submit comments on the 0598). collection of information, submit them Civil Justice Reform Description of the Respondents: both to OMB and to the Docket This proposed rule meets applicable Under the current collection, Management Facility where indicated standards in sections 3(a) and 3(b)(2) of respondents are vessel owners and under ADDRESSES, by the date under Executive Order 12988, Civil Justice operators that make ports of call in the DATES. Reform, to minimize litigation, United States after departing a foreign You need not respond to a collection eliminate ambiguity, and reduce port. Under the proposed rule, of information unless it displays a burden. respondents will also include vessel currently valid control number from owners and operators that make ports of OMB. Before the requirements for this Protection of Children call in the United States after departing collection of information become We have analyzed this proposed rule another U.S. port. effective, we will publish a notice in the under Executive Order 13045, Number of Respondents: The existing Federal Register of OMB’s decision to Protection of Children from OMB-approved collection number of approve, modify, or disapprove the Environmental Health Risks and Safety respondents is 50,000 (respondents are collection. Risks. This rule is not an economically owners/operators of the vessels calling significant rule and would not create an Federalism on U.S. ports annually). This proposed environmental risk to health or risk to rule will increase the number of We have analyzed this rule under safety that might disproportionately respondents by 20,000, since now Executive Order 13132. The Aquatic affect children. owners and operators of vessels arriving Nuisance Prevention and Control Act from domestic ports will submit ballast contains a ‘‘savings provision’’ that Indian Tribal Governments water reports. saves to the states their authority to This proposed rule does not have Frequency of Response: Owners/ ‘‘adopt or enforce control measures for tribal implications under Executive operators of vessels making calls in U.S. aquatic nuisance species, [and nothing Order 13175, Consultation and ports will submit ballast water reports in the Act will] diminish or affect the Coordination with Indian Tribal as necessary. The existing OMB- jurisdiction of any States over species of Governments, because it would not have approved collection number of fish and wildlife.’’ 16 U.S.C. 4725. It a substantial direct effect on one or responses is 50,000 (responses are also requires that ‘‘all actions taken by more Indian tribes, on the relationship arrivals at U.S. ports). This proposed Federal agencies in implementing the between the Federal Government and rule will increase the number of provisions of [the Act] be consistent Indian tribes, or on the distribution of responses by 20,000 (reports for vessels with all applicable Federal, State and power and responsibilities between the arriving from domestic ports of origin) local environmental laws.’’ Thus, the Federal Government and Indian tribes. for a net total of 70,000 responses. congressional mandate is clearly for a Burden of Response: The existing Federal-State cooperative regime in Energy Effects OMB-approved collection burden of combating the introduction of aquatic We have analyzed this proposed rule response is approximately 40 minutes nuisance species into U.S. waters from under Executive Order 13211, Actions (0.666 hours) (burden of response is the ship’s ballast tanks. This makes it Concerning Regulations That time required to complete the unlikely that preemption, which would Significantly Affect Energy Supply, paperwork requirements of the rule for necessitate consultation with the States Distribution, or Use. We have a single response). This proposed rule under Executive Order 13132, will determined that it is not a ‘‘significant will not increase the burden of occur. If, at some later point in the energy action’’ under that order because response. rulemaking process we determine that it is not likely to have a significant Estimate of Total Annual Burden: The preemption may become an issue, we adverse effect on the supply, existing OMB-approved collection total will develop a plan for consultation distribution, or use of energy. It has not annual burden is 33,500 hours (total with affected states/localities. been designated by the Administrator of annual burden is the time required to the Office of Information and Regulatory complete the paperwork requirements of Unfunded Mandates Reform Act Affairs as a significant energy action. the rule for all responses). This The Unfunded Mandates Reform Act Therefore, it does not require a proposed rule will increase the total of 1995 (2 U.S.C. 1531–1538) requires Statement of Energy Effects under annual burden by 13,333 hours for a net Federal agencies to assess the effects of Executive Order 13211. total of 46,833 hours. their discretionary regulatory actions. In As required by the Paperwork particular, the Act addresses actions Environment Reduction Act of 1995 (44 U.S.C. that may result in the expenditure by a We have considered the 3507(d)), we have submitted a copy of State, local, or tribal government, in the environmental impact of this proposed this proposed rule to the Office of aggregate, or by the private sector of rule and concluded that, under

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paragraph 6(b) of the Appendix to § 151.2005 To which vessels does this dated March 10, 1983 (48 FR 10605, 3 ‘‘National Environmental Policy Act: subpart apply? CFR, 1983 Comp., p. 22) which extends Coast Guard Procedures for Categorical Unless exempted in §§ 151.2010 or from the base line of the territorial sea Exclusions, Notice of Final Agency 151.2015, this subpart applies to all of the United States seaward 200 miles, Policy’’ (67 FR 48243), this rule is vessels, U.S. and foreign, equipped with and the equivalent zone of Canada. categorically excluded from further ballast tanks, that operate in the waters * * * * * environmental documentation. This rule of the United States and are bound for Port or place of departure means any falls under congressionally mandated ports or places in the United States. port or place in which a vessel is regulations. Analyses of these types of 5. Add § 151.2007 to read as follows: anchored or moored. regulations and their respective Port or place of destination means any § 151.2007 What are the penalties for environmental reviews have determined violations of the mandatory provisions of port or place to which a vessel is bound these actions do not normally have this subpart? to anchor or moor. significant effects either individually or (a) A person who violates this subpart * * * * * cumulatively on the human is liable for a civil penalty not to exceed Voyage means any transit by a vessel environment. A ‘‘Categorical Exclusion $25,000. Each day of a continuing destined for any United States port or Determination’’ is available in the violation constitutes a separate place. docket where indicated under violation. A vessel operated in violation * * * * * ADDRESSES. of the regulations is liable in rem for any 9. Revise § 151.2040 and its section List of Subjects in 33 CFR Part 151 civil penalty assessed under this subpart heading to read as follows: for that violation. § 151.2040 What are the mandatory Ballast Administrative practice and (b) A person who knowingly violates procedure, Oil pollution, Penalties, Water Management requirements for the regulations of this subpart is guilty vessels equipped with ballast tanks that Reporting and recordkeeping of a class C felony. operate in the waters of the United States requirements, Water pollution control. and are bound for ports or places in the § 151.2010 [Amended] For the reasons discussed in the United States? preamble, the Coast Guard proposes to 6. In § 151.2010: (a) A vessel bound for the Great Lakes amend 33 CFR part 151 as follows: (a) remove from the introductory text, or Hudson River, which has operated the word ‘‘Four’’ and add, in its place, beyond the EEZ (which includes the PART 151—VESSELS CARRYING OIL, the word ‘‘Three’’; equivalent zone of Canada) during any NOXIOUS LIQUID SUBSTANCES, (b) remove paragraphs (b) and (d); part of its voyage regardless of GARBAGE, MUNICIPAL OR (c) redesignate paragraph (c) as (b); intermediate ports of call within the COMMERCIAL WASTE, AND BALLAST (d) and add new paragraph (c) to read waters of the United States or Canada, WATER as follows: must comply with §§ 151.2041 and 151.2045 of this subpart, as well as with Subpart C—Ballast Water Management § 151.2010 Which vessels are exempt from the mandatory requirements? the provisions of subpart C of this part. for Control of Nonindigenous Species (b) A vessel engaged in the foreign in the Great Lakes and Hudson River (c) A vessel that operates exclusively within one Captain of the Port (COTP) export of Alaskan North Slope Crude Zone. Oil must comply with §§ 151.2041 and 1. The authority citation for part 151 151.2045 of this subpart, as well as with subpart C continues to read as follows: § 151.2015 [Amended] the provisions of 15 CFR 754.2(j)(1)(iii). Authority: 16 U.S.C. 4711; 49 CFR 1.46. 7. In § 151.2015 remove the number That section (15 CFR 754.2(j)(1)(iii)) requires a mandatory program of deep 2. Add § 151.1518 to read as follows: ‘‘151.2040’’ and add in its place the number ‘‘151.2041’’. water ballast exchange unless doing so § 151.1518 Penalties for failure to conduct would endanger the safety of the vessel ballast water exchange. § 151.2025 [Revised] or crew. 8. Amend § 151.2025(b) by adding, in (c) A vessel not included in (a) A person who violates this subpart alphabetical order, the definitions for paragraphs (a) or (b) of this section that is liable for a civil penalty in an amount ‘‘Exclusive Economic Zone (EEZ)’’, operates in the waters of the United not to exceed $25,000. Each day of a ‘‘port or place of departure’’ and ‘‘port States and is bound for ports or places continuing violation constitutes a or place of destination’’, and revise the in the United States must comply with separate violation. A vessel operated in definitions of ‘‘Captain of the Port §§ 151.2041 and 151.2045 of this violation of the regulations is liable in (COTP)’’ and ‘‘Voyage’’. The new and subpart. rem for any civil penalty assessed under revised definitions read as follows: (d) This subpart does not authorize this subpart for that violation. the discharge of oil or noxious liquid (b) A person who knowingly violates § 151.2025 What definitions apply to this substances (NLS) in a manner the regulations of this subpart is guilty subpart? prohibited by United States or of a class C felony. (a) * * * international laws or regulations. Ballast (b) * * * water carried in any tank containing a Subpart D—Ballast Water Management Captain of the Port (COTP) means the residue of oil, NLS, or any other for Control of Nonindigenous Species Coast Guard officer designated as the pollutant must be discharged in in Waters of the United States COTP, or a person designated by that accordance with applicable regulations. officer, for the COTP zone covering the (e) This subpart does not affect or 3. The authority citation for 33 CFR U.S. port of destination. These COTP supercede any requirement or part 151 subpart D continues to read as zones are listed in 33 CFR part 3. prohibition pertaining to the discharge follows: * * * * * of ballast water into the waters of the Authority: 16 U.S.C. 4711; 49 CFR 1.46. Exclusive Economic Zone (EEZ) United States under the Federal Water 4. Revise § 151.2005 to read as means the area established by Pollution Control Act (33 U.S.C. 1251 to follows: Presidential Proclamation Number 5030, 1376).

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§ 151.2041 [Redesignated] entry Information from Foreign Flagged consecutive voyages between U.S. ports, 10. Redesignate the old § 151.2041 as Vessels Form’’ and submit it in or between U.S. and Canadian ports on the new § 151.2043. accordance with the applicable Seaway the Great Lakes, will be accepted. 11. Add new § 151.2041 to read as Notice in lieu of this requirement. (d) If the information submitted in follows: (2) For a vessel bound for the Hudson accordance with this section changes, River north of the George Washington you must submit an amended form § 151.2041 What are the Mandatory Ballast Bridge entering from outside the EEZ Water Reporting Requirements for all before the vessel departs the waters of vessels equipped with ballast tanks bound (which includes the equivalent zone of the United States. for ports or places in the United States? Canada). You must fax the information to the COTP New York (718–354–4249) § 151.2043 [Amended] (a) Reporting requirements exist for at least 24 hours before the vessel enters each vessel bound for ports or places in 12. In newly designated § 151.2043: the United States regardless of whether New York, New York. (3) For any vessel not addressed in (a) In the section heading, after the vessel operated outside of the EEZ words ‘‘Hudson River,’’ add the words (which includes the equivalent zone of paragraphs (b)(1) and (b)(2) of this section, which is equipped with ballast ‘‘after operating outside the EEZ or Canada), unless exempted in Canadian equivalent’’; and §§ 151.2010 or 151.2015. water tanks and bound for ports or (b) The master, owner, operator, places in the United States. If your (b) In paragraphs 151.2043(a) and agent, or person-in-charge of a vessel to voyage is less than 24 hours, you must 151.2043(a)(1) remove the number whom this section applies must provide report before departing your port or ‘‘§ 151.2040(c)(4)’’ and add in its place the information required by § 151.2045 place of departure. If your voyage the number, ‘‘§ 151.2041’’. exceeds 24 hours, you must report at in electronic or written form to the § 151.2045 [Amended] Commandant, U.S. Coast Guard or the least 24 hours before arrival at your port appropriate COTP as follows: or place of destination. All required 13. In § 151.2045(a) remove the phrase (1) For any vessel bound for the Great information is to be sent to the National ‘‘entering the waters of the United States Lakes from outside the EEZ (which Ballast Information Clearinghouse after operating beyond the EEZ’’ and includes the equivalent zone of Canada). (NBIC) using only one of the following add in its place, the phrase ‘‘bound for (i) You must fax the required means: a port or place in the United States’’. information at least 24 hours before the (i) Internet at http://invasions.si.edu/ 14. Amend Appendix to Subpart D of vessel arrives in Montreal, Quebec to ballast.htm; or Part 151—BALLAST WATER either the USCG COTP Buffalo, Massena (ii) E-mail to [email protected]; or REPORTING FORM AND Detachment (315–764–3283), or the St. (iii) Fax to 301–261–4319; or INSTRUCTIONS FOR BALLAST Lawrence Seaway Development (iv) Mail to U.S. Coast Guard, c/o WATER REPORTING FORM by revising Corporation (315–764–3250); or SERC (Smithsonian Environmental the ‘‘Where to send this form’’ (ii) If you are not a U.S. or Canadian Research Center), P.O. Box 28, instructions to read as follows: Flag vessel, you may complete the Edgewater, MD 21037–0028. * * * * * ballast water information section of the (c) A single report that includes the St. Lawrence Seaway required ‘‘Pre- ballast discharge information for Where To Send This Form

[Vessels equipped with ballast water tanks bound for all ports or places within the waters of the United States after operating outside the EEZ (which includes the equivalent zone of Canada).]

Bound for: You must submit your report as detailed below:

The Great Lakes ...... Fax the information at least 24 hours before the vessel arrives in Montreal, Quebec, to the USCG COTP Buffalo, Massena Detachment (315–764–3283) or to the Saint Lawrence Sea- way Development Corporation (315–764–3250). In lieu of faxing, vessels that are not U.S. or Canadian flagged may complete the ballast water information section of the St. Lawrence Seaway ‘‘Pre-entry Information from Foreign Flagged Vessel Form’’. Hudson River north of the George Washington Fax the information to the COTP New York at (718–354–4249) at least 24 hours before the Bridge. vessel arrives at New York, New York. *Note: Vessels entering COTP New York Zone which are not bound up the Hudson River north of George Washington Bridge should submit the form in accordance with the instruc- tions in the following block. All other U.S. Ports ...... Report before departing the port or place of departure if voyage is less than 24 hours, or at least 24 hours before arrival at the port or place of destination if the voyage exceeds 24 hours; and submit the required information to the National Ballast Information Clearinghouse (NBIC) by one of the following means: Via the Internet at http://invasions.si.edu/ballast.htm; E-mail to [email protected]; Fax to 301–261–4319; or Mail the information to U.S. Coast Guard, c/o SERC. P.O. Box 28, Edgewater, MD 21037– 0028.

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[Vessels that have not operated outside the EEZ, which are equipped with ballast water tanks and are bound for all ports or places within the waters of the United States.]

Bound for: You must submit your report as detailed below:

All U.S. ports including the Great Lakes and Report before departing the port or place of departure if voyage is less than 24 hours, or at Hudson River North of George Washington least 24 hours before arrival at the port or place of destination if the voyage exceeds 24 Bridge. hours; and submit the required information to the National Ballast Information Clearinghouse (NBIC) by one of the following means: Via the Internet at http://invasions.si.edu/ballast.htm; E-mail to [email protected]; Fax to 301–261–4319; or Mail to U.S. Coast Guard, c/o SERC, PO Box 28, Edgewater, MD 21037–0028.

If any information changes, send an public of the intent to establish the satisfy the requirements of the new amended form before the vessel departs committee; provide the public with standard. The committee may also the waters of the United States. information regarding the committee; consider other issues at its discretion An agency may not conduct or solicit public comment on the proposal and within the scope set forth in sponsor, and a person is not required to to establish the committee and the paragraph II. respond to a collection of information proposed membership of the committee; II. Scope of the Rule unless it displays a valid OMB control explain how persons may apply or number. The Coast Guard estimates that nominate others for membership on the The contents of the new standard will the average burden for this report is 35 committee; and announce the consist of regulations on apartment minutes. You may submit any approximate date of the first committee house and office building mailbox comments concerning the accuracy of meeting. design characteristics and the this burden estimate or any suggestions DATES: The Postal Service must receive replacement of existing mailboxes that for reducing the burden to: written comments, requests for do not satisfy the requirements of the Commandant (G–MSO), U.S. Coast representation or membership on the new standard. Guard, 2100 Second St. SW, committee, and nominations for III. New and Pending Applications Washington, DC 20593–0001, or Office membership on the committee no later of Management and Budget, Paperwork than February 5, 2003. The first Beginning on February 5, 2003, the Reduction Project (2115–0598), committee meeting is tentatively Postal Service will take no further Washington, DC 20503. scheduled for some time during the first action on new or pending applications Dated: December 23, 2002. two weeks of February 2003. for approval of apartment house type mailbox designs, or on applications for Thomas H. Collins, ADDRESSES: The first committee meeting modifications to approved apartment Admiral, U.S. Coast Guard, Commandant. is tentatively scheduled to be held at house type mailbox designs, until the [FR Doc. 03–100 Filed 1–3–03; 8:45 am] U.S. Postal Service Headquarters, 475 revision of the standard is complete. BILLING CODE 4910–15–P L’Enfant Plaza, SW., Washington, DC This action is consistent with past 20260. Mail comments and all other practice, and is necessary to avoid communications regarding the approving designs under the current POSTAL SERVICE committee to Jeffery W. Lewis, Room standard that may not be permissible 7142, at the same address. Comments under the new standard, or 39 CFR Part 111 transmitted by fax or email will not be disapproving applications under the accepted. Committee documents will be current standard that would be Standards Governing the Design of available for public inspection and approved under the new standard. Apartment House Mailboxes copying between 9 a.m. and 4 p.m. weekdays on the 11th floor at the IV. Consensus Process AGENCY: Postal Service. address above. ACTION: Notice of intent to establish a In a consensus process, FOR FURTHER INFORMATION CONTACT: Consensus Committee and notice of first representatives of interests that would meeting. Jeffery W. Lewis (202) 268–4757. be substantially affected by the new rule SUPPLEMENTARY INFORMATION: meet as an advisory committee to SUMMARY: The Postal Service intends to negotiate among themselves and with establish a Consensus Committee to I. Background the agency to reach a consensus on a develop recommendations for revision U.S. Postal Service Standard 4B proposed rule. As part of the consensus of USPS STD 4B, which governs the (USPS STD 4B), Receptacles, Apartment process, the agency agrees to use the design of apartment house mailboxes. House, Mail, governs the design of committee’s recommendation as the The committee will develop and adopt apartment house mailboxes. The current basis of the proposed rule, and each its recommendations through a standard, adopted in 1975, prescribes private interest agrees to support the consensus process. The committee will design limitations in terms that are no committee’s recommendation and the consist of persons who represent the longer consistent with the operational proposed rule to the extent that it interests affected by the proposed rule, requirements of the Postal Service. reflects the recommendation. including apartment house type mailbox Primary issues to be addressed by the A feasibility study, performed by a manufacturers, mailbox distributors, committee will include increasing neutral convenor, and using the mailbox installers and servicers, postal design flexibility within the Postal Negotiated Rulemaking Act, 5 U.S.C. customers, and apartment house Service’s operational requirements; 561 et seq. as a guide, recommended builders, owners and managers. The improving safety and mail security; and that the Postal Service initiate a purpose of this Notice is to apprise the replacing existing mailboxes that do not consensus process. In reaching this

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recommendation, the convenor Homebuilders organization(s) they represent to do so. determined that: (1) There is a need for 15. National Association of Housing & Therefore, senior individuals within the rule; (2) there are a limited number Redevelopment Officials each interest group should be of identifiable interests significantly 16. National Association of Realtors designated to serve on the committee. impacted by the rule; (3) a committee 17. National Multi-Housing Council Also, committee members must commit can be created with balanced 18. Parcel Shippers Association to support the final consensus representation which can represent the VI. Tentative Schedule recommendation of the committee. identified interests and can negotiate in The first committee meeting is (C) Administrative Support good faith; (4) consensus on the issues tentatively scheduled for some time appears likely; (5) the consensus process Administrative support will be during the first 2 weeks of February provided by the Postal Service at its will not unduly delay the issuance of 2003, at U.S. Postal Service headquarters offices. the rule; (6) the agency has resources Headquarters, 475 L’Enfant Plaza, SW., and is willing to assist the consensus Washington, DC. Subsequent meetings (D) Consensus process; and (7) the agency, within the will be scheduled by the committee, at constraints of the law, will use the ‘‘Consensus’’ is defined for the the same location, and are expected to purposes of this rulemaking as the advisory committee’s consensus as the occur approximately 4 to 6 weeks apart. basis of the rule for notice and unanimous concurrence among the comment. VII. Nominations and Applications committee members unless the committee explicitly adopts a different V. Participants Persons and organizations that will be significantly affected by this rule may definition. The committee will include a apply for membership on the committee (E) Committee Procedures representative from the Postal Service or nominate another person or Under the general guidance of the and representatives, to be selected by organization for membership. Each the Postal Service, from persons and/or nomination or application must include: facilitator, and subject to legal organizations that will be significantly (1) The name of the applicant or requirements, the committee will affected by this rule. Each representative nominee and a description of the establish procedures and ground rules. may also name an alternate who may interests that person or organization (F) Records attend all committee meetings and will represents; (2) evidence that the The facilitator will prepare minutes of serve in place of the primary applicant or nominee is authorized to all committee meetings. These minutes representative if necessary. The represent the interests the person will be available for public inspection designated Postal Service representative proposes to represent; (3) the reasons and copying as stated above. will be authorized to represent the the applicant or nominator believes its agency in the committee, and will interests or those of its nominee are Stanley F. Mires, participate in its activities, discussions, sufficiently different from the those of Chief Counsel, Legislative. and deliberations. organizations listed above that those [FR Doc. 03–139 Filed 1–3–03; 8:45 am] The convenor has recommended that interests would not be adequately BILLING CODE 7710–12–P the Postal Service invite certain represented by the members of the organizations to participate in the committee as proposed. All nominations consensus process. The convenor has and applications must be received by contacted these organizations, which ENVIRONMENTAL PROTECTION the Postal Service at the address above AGENCY have indicated their willingness to serve no later than February 5, 2003. The on the committee. Therefore, the Postal Postal Service reserves the right to 40 CFR Part 261 Service proposes to invite the following refuse nominations and applications organizations to participate in the that do not fulfill these requirements. [SW–FRL–7435–3] consensus process: The Postal Service, with the advice of Reopening of Comment Period for Representing approved apartment the convenor, will select committee Proposed Exclusion for Identifying and house-type mailbox manufacturers: members that provide adequate Listing Hazardous Waste and A 1. American Eagle Manufacturing Co. representation of each significantly Determination of Equivalent 2. American Locker Security Systems affected interest rather than every Treatment; Proposed Rule 3. Auth-Florence Manufacturing Co. individual and organization affected by 4. Bommer Industries, Inc. the rule. AGENCY: Environmental Protection 5. Jensen Industries, Inc. Agency. 6. Mail Security VIII. Procedures and Guidelines ACTION: 7. Salsbury Industries Proposed rule; notice of (A) Facilitator reopening of comment period. Representing apartment house-type The Postal Service has selected a mailbox distributors, installers, and neutral, impartial facilitator to serve as SUMMARY: The Environmental Protection servicers: chairman of the committee meetings. Agency (EPA, also, ‘the Agency’ or ‘we’) 8. Postal Products, Inc. The facilitator will assist committee is reopening the period for submitting Representing management, members conduct discussions; help public comments on our previous construction, and consumer committee members define issues and proposal to approve two petitions interests: reach consensus; and manage the submitted by the University of 9. Associated Builders & Contractors minutes, agendas, and other records of California—E.O. Lawrence Berkeley 10. Association of General Contractors the committee. National Laboratory (or LBNL). The 11. Building Owners & Managers Agency initially announced this Association International (B) Good Faith proposed decision in the July 31, 2002 12. Direct Marketing Association Committee members must be Federal Register (67 FR 49649). The 13. Magazine Publishers of America committed to negotiate in good faith and first petition requested EPA to grant a 14. National Association of be authorized by the individuals and/or one-time, generator-specific exclusion

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(or ‘delisting’) of certain LBNL treatment address above or at 415–972–3291, e- Provisions of the Regulatory residues from the list of RCRA mail address: [email protected]. Flexibility Act of 1980 do not apply to hazardous waste. The second petition Dated: December 20, 2002. this proceeding. Members of the public should note requested EPA to grant a ‘‘determination Richard Vaille, of equivalent treatment’’ (DET) for a that from the time a Notice of Proposed Acting Director, Waste Management Division, Rule Making is issued until the matter catalytic chemical oxidation (CCO) Region IX. technology that LBNL used to treat their is no longer subject to Commission [FR Doc. 03–174 Filed 1–3–03; 8:45 am] original mixed waste. consideration or court review, all ex BILLING CODE 6560–50–P For the first petition, EPA reviewed parte contacts are prohibited in all of the waste-specific information Commission proceedings, such as this provided by LBNL and determined that one, which involve channel allotments. FEDERAL COMMUNICATIONS the petitioned waste (tritiated water See 47 CFR 1.1204(b) for rules COMMISSION with no detectable organic chemical governing permissible ex parte contact. For information regarding proper constituents) was non-hazardous. For 47 CFR Part 73 the second petition, EPA reviewed all of filing procedures for comments, see 47 the specific CCO treatment information [DA 02 02–3504, MB Docket No. 02–283, CFR 1.415 and 1.420. RM–10614] provided by LBNL and determined that List of Subjects in 47 CFR Part 73 the CCO treatment was equivalent to Radio Broadcasting Services; Buffalo, combustion. Radio, Radio broadcasting. OK EPA received a written request for an For the reasons discussed in the informal public hearing. Exercising the AGENCY: Federal Communications preamble, the Federal Communications discretion set forth in the rules for Commission. Commission proposes to amend 47 CFR part 73 as follows: rulemaking petitions, EPA has granted ACTION: Proposed rule. the request and will hold a public PART 73—RADIO BROADCAST hearing. The purpose of the hearing will SUMMARY: This document requests SERVICES be to hear oral comments on our comments on a petition filed by Robert tentative decision. Fabian proposing the allotment of 1. The authority citation for part 73 Channel 224C2 at Buffalo, Oklahoma, as DATES: The public hearing will be held continues to read as follows: that community’s first local FM service. on January 23, 2003 at 7 p.m. EPA is Authority: 47 U.S.C. 154, 303, 334 and 336. reopening the public comment period The coordinates for Channel 224C2 at and we will accept public comments on Buffalo are 36–50–36 North Latitude § 73.202 [Amended] these proposed decisions until February and 99–24–30 West Longitude. There is 2. Section 73.202(b), the Table of FM 6, 2003. We will stamp comments a site restriction 19.8 kilometers (12.3 Allotments under Oklahoma, is postmarked after the close of the miles) east of the community. amended by adding Buffalo, Channel comment period as ‘‘late.’’ These ‘‘late’’ DATES: Comments must be filed on or 224C2. before February 10, 2003, and reply comments may not be considered in Federal Communications Commission. formulating a final decisions. comments on or before February 25, 2003. John A. Karousos, ADDRESSES: The public hearing will be Assistant Chief, Audio Division, Media held at the North Berkeley Senior Center ADDRESSES: Federal Communications Bureau. at 1901 Hearst Avenue, Berkeley, Commission, 445 Twelfth Street, SW., [FR Doc. 03–168 Filed 1–3–03; 8:45 am] California. Please send two copies of Washington, DC 20554. In addition to BILLING CODE 6712–01–P your comments to Rich Vaille, Associate filing comments with the FCC, Director, Waste Management Division interested parties should serve the (WST–1), U.S. Environmental Protection petitioner, as follows: Robert Fabian, 4 FEDERAL COMMUNICATIONS Agency, 75 Hawthorne Street, San Hickory Crossing Lane, Argyle, Texas COMMISSION Francisco, CA 94105. 76226. 47 CFR Part 73 The RCRA regulatory docket for this FOR FURTHER INFORMATION CONTACT: proposed rule is located at the U.S. Rolanda F. Smith, Media Bureau, (202) [DA 02–3456; MB Docket No. 02–282; RM– Environmental Protection Agency 418–2180. 10615] Records Center, 75 Hawthorne Street, SUPPLEMENTARY INFORMATION: This is a Radio Broadcasting Services; San Francisco, CA 94105, and is summary of the Commission’s Notice of Bridgeton, and Pennsauken, NJ available for viewing from 9 a.m. to 4 Proposed Rule Making, MB Docket No. p.m., Monday through Friday, excluding 02–383, adopted December 18, 2002, AGENCY: Federal Communications Federal holidays. The docket contains and released December 20, 2002. The Commission. the petition, all information submitted full text of this Commission decision is ACTION: Proposed rule. by the petitioner, and all information available for inspection and copying used by EPA to evaluate the petition. during normal business hours in the SUMMARY: This document requests Call the EPA Region 9 RCRA Record Commission’s Reference Center 445 comment on a petition for rulemaking Center at (415) 947–4596 for Twelfth Street, SW, Washington, DC filed on behalf of Cohanzick appointments. The public may copy 20554. The complete text of this Broadcasting Corp., licensee of Station material from the regulatory docket at decision may also be purchased from WSNJ–FM and New Jersey Radio $0.15 per page. the Commission’s duplicating Partners, LLC, assignee of Station FOR FURTHER INFORMATION CONTACT: For contractor, Qualex International Portals WSNJ–FM, requesting the substitution general information, contact the RCRA II, 445 12th Street, SW, Room CY–B402, of Channel 300A for Channel 299B at Hotline at 800–424–9346. For technical Washington, DC, 20554, telephone 202– Bridgeton, New Jersey, and reallotment information on specific aspects of these 863–2893, facsimile 202–863–2898, or of Channel 300A from Bridgeton to petitions, contact Cheryl Nelson at the via e-mail [email protected]. Pennsauken, New Jersey, as the

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community’s first local aural Authority: 47 U.S.C. 154, 303, 334 and 336. Federal Communications Commission. transmission service, and modification John A. Karousos, § 73.202 [Amended] of Station WSNJ–FM’s authorization to Assistant Chief, Audio Division, Media reflect the changes. This petition was 2. Section 73.202(b), the Table of FM Bureau. originally filed as an amended proposal Allotments under New Jersey, is [FR Doc. 03–166 Filed 1–3–03; 8:45 am] in MB Docket 02–26 which was amended by adding Pennsauken, BILLING CODE 6712–01–P terminated. Channel 300A can be Channel 300A and removing Bridgeton, allotted at a site 6.1 kilometers (3.8 Channel 299B. miles) northeast of Pennsauken at DEPARTMENT OF COMMERCE coordinates 40–00–12 NL and 75–01–19 Federal Communications Commission. WL. John A. Karousos, National Oceanic and Atmospheric DATES: Comments must be filed on or Assistant Chief, Audio Division, Media Administration before, February 10, 2003, and reply Bureau. comments on or before February 25, [FR Doc. 03–167 Filed 1–3–03; 8:45 am] 50 CFR Part 648 2003. BILLING CODE 6712–01–P [Docket No. 021223329–2329–01; I.D. ADDRESSES: Secretary, Federal 121302A] Communications Commission, FEDERAL COMMUNICATIONS Washington, DC 20554. RIN 0648–AQ26 COMMISSION FOR FURTHER INFORMATION CONTACT: Fisheries of the Northeastern United Victoria M. McCauley, Media Bureau, 47 CFR Part 73 States; Atlantic Bluefish Fishery (202) 418–2180. AGENCY SUPPLEMENTARY INFORMATION: This is a [DA 02–3455; MB Docket No. 02–26; RM– : National Marine Fisheries synopsis of the Commission’s Notice of 10362] Service (NMFS), National Oceanic and Proposed Rule Making, MB Docket No. Atmospheric Administration (NOAA), 02–382, adopted December 13, 2002, Radio Broadcasting Services; Commerce. and released December 16, 2002. The Bridgeton and Elmer, NJ ACTION: Proposed 2003 specifications for full text of this Commission decision is the Atlantic bluefish fishery; request for available for inspection and copying AGENCY: Federal Communications comments. during normal business hours in the Commission. FCC’s Reference Information Center at SUMMARY: NMFS proposes 2003 Portals II, CY–A257, 445 Twelfth Street, ACTION: Proposed rule, dismissal. specifications for the Atlantic bluefish SW, Washington, DC. This document fishery, including total allowable may also be purchased from the SUMMARY: In this document, the landings (TAL), state-by-state Commission’s duplicating contractors, Commission dismisses the petition for commercial quotas, and recreational Qualex International, Portals II, 445 rulemaking filed by Cohanzick harvest limits and possession limits for 12th Street, SW, Room CY–B402, Broadcasting Corporation requesting the Atlantic bluefish off the East Coast of Washington, DC 20554, telephone 202– reallotment of Channel 299B from the United States. The intent of the 863–2893, or via e-mail Bridgeton, New Jersey, to Elmer, New specifications is to conserve and manage [email protected]. Jersey. Petitioner, by filing amended the bluefish resource and provide for Provisions of the Regulatory proposal requesting the substitution of sustainable fisheries. Flexibility Act of 1980 do not apply to Channel 300A for 299B at Bridgeton and DATES: Public comments must be this proceeding. reallotment of Channel 300A from received no later than 5 p.m., Eastern Members of the public should note Bridgeton to Pennsauken, New Jersey, Standard Time, on January 21, 2003. that from the time a Notice of Proposed has abandoned interest in original ADDRESSES: Copies of supporting Rule Making is issued until the matter proposal. documents, including the is no longer subject to Commission Environmental Assessment (EA), Initial consideration or court review, all ex FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Analysis (IRFA), parte contacts are prohibited in Victoria M. McCauley, Media Bureau, and the Essential Fish Habitat Commission proceedings, such as this (202) 418–2180. Assessment (EFHA) are available from: one, which involve channel allotments. Daniel Furlong, Executive Director, See 47 CFR § 1.1204(b) for rules SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report Mid-Atlantic Fishery Management governing permissible ex parte contacts. Council, Room 2115, Federal Building, and Order, MB Docket No. 02–26, For information regarding proper 300 South New Street, Dover, DE adopted December 4, 2002, and released filing procedures for comments, see 47 19904–6790. The EA, IRFA, and EFHA CFR §§ 1.415 and 1.420. December 6, 2002. The full text of this are accessible via the Internet at http:/ Commission decision is available for List of Subjects in 47 CFR Part 73 www.nero.noaa.gov. inspection and copying during normal Comments on the proposed Radio, Radio broadcasting. business hours in the FCC Reference specifications should be sent to: Patricia For the reasons discussed in the Center (Room 239), 445 12th Street, SW, A. Kurkul, Regional Administrator, preamble, the Federal Communications Washington, DC. This document may Northeast Regional Office, NMFS, One Commission proposes to amend 47 CFR also be purchased from the Blackburn Drive, Gloucester, MA Part 73 as follows: Commission’s duplicating contractor, 01930–2298. Please mark the envelope, Qualex International, Portals II, 445 PART 73—RADIO BROADCAST ‘‘Comments—2003 Bluefish 12th Street, SW, Room CY–B402, SERVICES Specifications.’’ Comments also may be Washington, DC, 20554, telephone 202– sent via facsimile (fax) to 978–281– 1. The authority citation for Part 73 863–2893, facsimile 202–863–2898, or 9135. Comments will not be accepted if continues to read as follows: via e-mail [email protected]. submitted via e-mail or Internet.

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FOR FURTHER INFORMATION CONTACT: Paul Proposed 2003 Specifications proposed commercial quota of 10.5 Perra, Fishery Policy Analyst, (978) million lb (4.744 million kg). The Proposed TAL 281–9153, e-mail at proposed 2003 commercial quota would [email protected], fax at (978) 281– On August 9, 2002, the Council be the same amount as was allocated in 9135. adopted specifications for the 2003 2002 and implemented by NMFS and Atlantic bluefish fishery. NMFS has the states under the Atlantic States SUPPLEMENTARY INFORMATION: reviewed the Council’s recommendation Marine Fisheries Commission’s Regulations implementing the Atlantic and has found it complies with the FMP Interstate Fishery Management Plan for Bluefish Fishery Management Plan objectives. Therefore, NMFS is Atlantic Bluefish. A recreational (FMP) prepared by the Mid-Atlantic proposing to implement the Council’s possession limit of 15 fish/person (same Fishery Management Council (Council) recommended specifications. as in 2002) is proposed, and also, appear at 50 CFR part 648, subparts A For the 2003 fishery, the stock 141,900–lb (64,365–kg) research set- and J. Regulations requiring annual rebuilding program in the FMP would aside (RSA) is proposed. Some or all of specifications are found at § 648.160. restrict F to 0.41. However, the 2001 the RSA amount will be allocated if The FMP requires that the Council fishery (the most recent fishing year for research proposals to utilize it are recommend, on an annual basis, a TAL, which F can be calculated) produced an approved for award. A Request for which is comprised of a commercial F of only 0.246. So, in accordance with Proposals was published to solicit quota and a recreational harvest limit. the FMP, the TAL proposed for 2003 proposals for 2003, based on research The FMP also requires that: (1) The was set to achieve F=0.246. The priorities identified by the Council (67 TAL for any given year be set based on resulting TAC recommended by the FR 13602, March 25, 2002). The the fishing mortality rate (F) resulting Council and proposed by NMFS is 39.5 deadline for submission was May 13, from the stock rebuilding schedule million lb (17.9 million kg). The TAL is 2002. One research project that would contained in the FMP, or the estimated calculated by deducting discards, utilize bluefish RSA has been F in the most recent fishing year, estimated at 2.2 million lb (0.99 million conditionally approved by NMFS, and whichever is lower; and (2) a total of 17 kg) for 2003, from the TAC. Therefore, is under final review by the NOAA percent of the TAL be allocated to the the proposed TAL for 2003 is 37.293 Grants Office. The Council and NMFS commercial fishery, as a quota, with the million lb (16.916 million kg). have recommended an RSA allocation of 141,900 lb (64,365 kg), for that remaining 83 percent allocated as a Proposed Commercial Quota and project. recreational harvest limit, with the Recreational Harvest Limit stipulation that, if 17 percent of the TAL If all of the bluefish RSA is allocated, If the TAL for the 2003 fishery were is less than 10.50 million lb (4.8 million the commercial quota would be 10.460 allocated based on the percentages kg) and the recreational fishery is not million lb (4.745 million kg) and the specified in the FMP, the commercial projected to land its harvest limit for the recreational harvest limit would be quota would be 6.339 million lb (2.875 upcoming year, the commercial fishery 26.691 million lb (12.107 million kg). million kg), with a recreational harvest may be allocated up to 10.50 million lb The RSA, the commercial quota, and the limit of 30.953 million lb (10.500 (4.8 million kg) as its quota, provided recreational harvest limit will be million kg). However, recreational that the combination of the projected adjusted in the final rule establishing landings from the last several years were recreational landings and the the annual specifications for the much lower than the recreational bluefish fishery, if necessary, to reflect commercial quota does not exceed TAL. allocation for 2003, ranging between RSA allocations to projects forwarded to The Council’s recommendations must 8.30 and 15.5 million lb (3.74 and 7.05 the NOAA Grants Office for award. If include supporting documentation, as million kg). Since the recreational the awards are not made for any reason, appropriate, concerning the fishery is not projected to land its NMFS will publish notification in the environmental, economic, and social 30.953 million-lb (12.153 million-kg) Federal Register to restore the unused impacts of the recommendations. NMFS harvest limit in 2003, this allows the set-aside amount to the annual is responsible for reviewing these specification of a commercial quota of commercial and recreational allocations. recommendations to assure they achieve up to 10.5 million lb (4.76 million kg). the FMP objectives, and may modify NMFS proposes to transfer 4.161 Proposed State Commercial Allocations them if they do not. NMFS then million lb (1.887 million kg) from the Proposed state commercial allocations publishes proposed specifications in the initial 2003 recreational allocation of for the recommended 2003 commercial Federal Register. After considering 30.953 million lb (12.153 million kg), quotas are shown in the table below, public comment, NMFS will publish resulting in 26.793 million lb (12.153 based on the percentages specified in final specifications in the Federal million kg) for the 2003 recommended the FMP less the proposed RSA Register. recreational harvest limit and a allocation.

2003 Commercial 2003 Commercial Quota (kg) Quota (lb) State % of quota 2003 Commercial 2003 Commercial Quota (lb) Quota (kg) With Research Set- With Research Set-Aside Aside

ME 0.6685 70,193 31,839 6,992 31,718 NH 0.4145 43,523 19,741 43,357 19,667 MA 6.7167 705,254 319,898 702,570 318,684 RI 6.8081 714,851 324,251 712,131 323,021 CT 1.2663 132,962 60,310 132,456 60,082 NY 10.3851 1,090,436 494,613 1,086,286 492,736 NJ 14.8162 1,555,701 705,654 1,549,782 702,977 DE 1.8782 197,211 89,453 196,461 89,114 MD 3.0018 315,189 142,967 313,990 142,425

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2003 Commercial 2003 Commercial Quota (kg) Quota (lb) State % of quota 2003 Commercial 2003 Commercial Quota (lb) Quota (kg) With Research Set- With Research Set-Aside Aside

VA 11.8795 1,247,348 565,787 1,242,601 563,640 NC 32.0608 3,366,384 1,526,966 3,353,575 1,521,172 SC 0.0352 3,696 1,676 3,682 1,670 GA 0.0095 998 452 994 451 FL 10.0597 1,056,269 479,115 1,052,249 477,297 Total 100.0000 10,500,000 4,762,720 10,460,058 4,744,652

Classification (64,365 kg). Alternative 3, provides for less than 5 percent of their total ex- This action is authorized by 50 CFR a lower commercial quota than vessel revenue. Also, evaluation of part 648 and has been determined to be Alternative 1, considers a TAL of 37.293 South Atlantic Trip Ticket Reports not significant for purposes of Executive million lb (16.916 million kg) 9.546 indicate an average of 6.1 and 0.03– Order 12866. The Council prepared an million lb (4.329 million kg) percent reductions in revenue for Initial Regulatory Flexibility Analysis commercial; 27.604 million lb (12.521 fishermen that land bluefish in North (IRFA) that describes the impact this million kg) recreational), and an RSA of Carolina and Florida, respectively. proposed rule, if adopted, would have 141,900 lb (64,365 Kg). Alternative 3 would result in a 9– on small entities. A description of the On a coastwide basis, the preferred percent decrease in the total allowable action, why it is being considered, and alternative would allow for less than a commercial landings for bluefish in the legal basis for the action are 1–percent decrease in total allowable 2003 versus 2002. The 2003 recreational provided in the preamble for the commercial landings for bluefish in harvest limit would be 69 percent proposed rule, and in the SUMMARY 2003 versus the 2002 commercial quota, higher than the estimated recreational section of the preamble, and in the due to the amount specified for the landings in 2002. Under this scenario, IRFA. A summary of the IRFA follows. RSA. The 2003 recreational harvest based on Northeast dealer data, a total An active participant in the limit would be 63 percent higher than of 28 vessels would incur revenue losses commercial sector was defined as being the estimated recreational landings in from 5 to 10 percent, 626 commercial any vessel that reported having landed 2002. Under this alternative, no vessels vessels would incur revenue losses of one or more pounds of bluefish to would realize significant revenue less than 5 percent of their total ex- NMFS-permitted dealers during reductions. According to dealer data, vessel revenue, and 189 vessels would calendar year 2001. All vessels are 650 federally permitted commercial incur an increase in revenue. The considered to be small entities. Of the vessels would be expected to incur revenue increase is primarily due to the active vessels in 2001, 846 landed revenue losses of 5 percent or less, and fact that the New York quota was bluefish from Maine to North Carolina. 193 commercial vessels would incur adjusted downward in 2002 due to The dealer data do not cover vessel revenue gains. The affected entities overages in 2001. Thus, that state shows activity in the South Atlantic. State trip would be mostly smaller vessels that a positive proportional change in quota ticket report data indicate that 1,092 land bluefish in Massachusetts, New from 2002 to 2003 (see section 5.3 of the vessels landed bluefish in North Jersey, New York and North Carolina. RIR/IRFA). Also, evaluation of South Carolina. Bluefish landings in South The revenue increase is primarily due to Atlantic Trip Ticket Reports indicate Carolina and Georgia represented less the fact that the New York quota was reduction in revenues of 1.44 and 0.07– than 1/10 of 1 percent of total landings. adjusted downward in 2002 due to percent for fishermen that land bluefish Therefore, it was assumed that no overages in 2001. Thus, that state shows in North Carolina and Florida, vessels landed bluefish from those a positive proportional change in quota respectively. states. In addition, 214 vessels landed from 2002 to 2003 (see section 5.3 of the bluefish to dealers on Florida’s east RIR/IRFA). In addition, economic The Council further analyzed the coast in 2001. In recent years, analysis of South Atlantic Trip Ticket impacts on revenues of the proposed approximately 2,063 party/charter Report data indicated that, on average, RSA amount for all three alternatives. vessels caught bluefish. reduction in revenues due to the change The social and economic impacts of this The Council analyzed three TAL in quota levels from 2002 to 2003 are proposed RSA are minimal. Assuming alternatives. The preferred alternative expected to have small reductions in the full RSA is allocated for bluefish, examined the impacts on the industry revenue for fishermen that land bluefish the set-aside amount could be worth as that would result from a TAL of 37.293 in North Carolina (1.44 percent) and much as $45,480 dockside, based on a million lb (16.916 million kg), allocated minimal for fishermen that land 2001 price of $0.32 per pound. to the commercial and recreational bluefish in Florida (0.07 percent). Assuming an equal reduction among all sectors (10.460 million lb (4.74 million Alternative 2 would result in a 40– 834 active dealer reported vessels, this kg) commercial; 26.691 million lb percent decrease in the total allowable could mean a reduction of about $55 per (12.107 million kg) recreational), and an commercial landings for bluefish in individual vessel. Changes in the RSA of 141,900 million lb (64,356 kg). 2003 versus 2002. The 2003 recreational recreational harvest limit would be Alternative 2 considered a TAL of harvest limit would be 88 percent insignificant (less than 1 percent 37.293 million lb (16.916 million kg), higher than the estimated recreational decrease), if 2 percent of the TAL is allocated to the commercial and landings in 2002. Under this scenario, used for research. It is unlikely that recreational sectors (6.315 million lb according to Northeast dealer data, a there would be negative impacts. A (2.864 million kg) commercial; 30.835 total of 103 vessels would incur revenue copy of this analysis is available from million lb (13.986 million kg, losses from 5 to 39 percent, and 740 the Council (see ADDRESSES). recreational), and an RSA of 141,900 lb vessels would incur revenue losses of Authority: 16 U.S.C. 1801 et seq.

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Dated: December 27, 2002. Rebecca Lent, Deputy Assistant Administrator for Regulatory ProgramsNational Marine Fisheries Service. [FR Doc. 03–179 Filed 1–3–03; 8:45 am] BILLING CODE 3510–22–S

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Notices Federal Register Vol. 68, No. 3

Monday, January 6, 2003

This section of the FEDERAL REGISTER provide advice to the Secretary of Done at Washington, DC this 24th day of contains documents other than rules or Agriculture on accomplishing efficiently December 2002. proposed rules that are applicable to the the purposes of the Act of October 10, Joseph J. Jen, public. Notices of hearings and investigations, 1962 (16 U.S.C. 582a, et seq.), known as Under Secretary, Research, Education, and committee meetings, agency decisions and the McIntire-Stennis Act of 1962. The Economics. rulings, delegations of authority, filing of petitions and applications and agency Council also provides advice related to [FR Doc. 03–211 Filed 1–3–03; 8:45 am] statements of organization and functions are the Forest Service research program, BILLING CODE 3410–02–U examples of documents appearing in this authorized by the Forest and Rangeland section. Resources Research Act of 1978 (Pub. L. 95–307, 92 Stat. 353, as amended; 16 DEPARTMENT OF AGRICULTURE U.S.C. 1600 (note)). The Council is DEPARTMENT OF AGRICULTURE composed of 20 voting members from Office of the Under Secretary the following membership categories: Notice of Appointment of Members to Office of the Under Secretary • Federal and State agencies the National Agricultural Research, Notice of Solicitation for Membership concerned with developing and Extension, Education, and Economics to the Forestry Research Advisory utilizing the Nation’s forest resources, in Advisory Board Council particular committee membership, will include representation from the AGENCY: Research, Education, and AGENCY: Research, Education, and National Forest System and Forest and Economics, USDA. Economics, USDA. Range Experiment Stations leaders, ACTION: Appointment of members. ACTION: Notice of solicitation for Forest Service; SUMMARY: In accordance with the membership to the Forestry Research • The forest industries; Federal Advisory Committee Act, 5 Advisory Council. • The forestry schools of the State U.S.C. App., the United States SUMMARY: In accordance with the certified eligible institutions, and State Department of Agriculture announces Federal Advisory Committee Act, 5 agricultural experiment stations; and the appointments to the 11 vacancies on U.S.C. App 2, the United States • Volunteer public groups concerned the National Agricultural Research, Department of Agriculture announces with forests and related natural Extension, Education, and Economics solicitation for nominations to fill eight resources. Advisory Board. vacancies on the Forestry Research Nomination of members representing DATES: Appointments are for a three- Advisory Council. the forestry schools will be sent to the year term, effective October 1, 2002, DATES: Nominations must be received Secretary by State-certified eligible until September 30, 2005, with the on or before February 15, 2003. forestry schools. This notice does not exception of one one-year appointment ADDRESSES: Cooperative State Research, seek nominations representing those resulting from a member resignation Education, and Extension Service; U.S. institutions. after serving two years. Department of Agriculture; Office of the ADDRESSES: National Agricultural Forestry Research Advisory Council; The Council membership is appointed Research, Extension, Education, and Mail Stop 2210; 1400 Independence with staggered terms of one, two, and Economics Advisory Board; Research, Avenue, SW., Washington, DC 20250– three years. As a result of the staggered Education, and Economics Advisory 2210. Nominations delivered by express appointments, the terms of six members Board Office, Room 344A, Jamie L. mail or overnight courier service should expire December 31, 2002. Nominations Whitten Building; U.S. Department of be sent to: Office of the Forestry for a three-year appointment for the six Agriculture, STOP 2255; 1400 Research Advisory Council; Cooperative positions and two unfilled positions last State Research, Education, and year are sought. Nominees will be Independence Avenue, SW., Extension Service; U.S. Department of carefully reviewed for their broad Washington, DC 20250–2255. Agriculture; Room 3213, Waterfront expertise, leadership, and relevancy to a FOR FURTHER INFORMATION CONTACT: Centre; 800 9th Street, SW., membership category. Nominations for Deborah Hanfman, Executive Director, Washington, DC 20024. one individual who fits several of the telephone: (202) 720–3684; fax: (202) categories, or for more than one person FOR FUTHER INFORMATION CONTACT: 720–6199; e-mail: Catalino A. Blanche, Designated Federal who fits one category will be accepted. [email protected]. Officer, Forestry Research Advisory Each nominee must submit and SUPPLEMENTARY INFORMATION: Section Council; telephone: (202) 401–4190; fax: complete a current resume and Form 802 of the Federal Agricultural (202) 401–1706; e-mail: AD–755, Advisory Committee Improvement and Reform Act of 1996 [email protected], or Dr. Hao Tran, Membership Background Information authorized the creation of the National Staff Assistant, Research and (which can be obtained from the contact Agricultural Research, Extension, Development, Forest Service; telephone: person) and will be vetted before Education, and Economics Advisory (202) 205–1293; fax: (202) 205–1530; e- selection. Applicants are strongly Board. The Board is composed of 30 mail: [email protected]. encouraged to submit nominations via members, each representing a specific SUPPLEMENTARY INFORMATION: Section overnight mail or delivery service to category related to agriculture. The 1441 (c) of the Agriculture and Food Act ensure timely receipt by the USDA. Board was first appointed in September of 1981 requires the establishment of the Please indicate the specific 1996 and at that time one-third of the Forestry Research Advisory Council to membership category for each nominee. original 30 members were appointed for

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a one, two, and three-year term, Done at Washington, DC this 24th day of available on the Internet at http:// respectively. Due to the staggered December 2002. www.aphis.usda.gov/ppd/rad/ appointments, the terms for 11 of the 30 Joseph J. Jen, webrepor.html. members who represent 11 specific Under Secretary, Research, Education, and FOR FURTHER INFORMATION CONTACT: For categories expired September 30, 2002. Economics. information regarding the Veterinary The Secretary of Agriculture has made [FR Doc. 03–210 Filed 1–3–03; 8:45 am] Accreditation Program, contact Dr. appointments for all 11 of the vacant BILLING CODE 3410–22–P Quita Bowman, National Veterinary categories. Appointees by category of Accreditation Program Coordinator, the 10 new members and one re- National Center for Animal Health DEPARTMENT OF AGRICULTURE appointment are as follows: Programs, VS, APHIS, 4700 River Road Representing Category B. ‘‘Farm Animal and Plant Health Inspection Unit 46, Riverdale, MD 20737–1231; Cooperatives,’’ David Graves, President Service (301) 734–6188. For copies of more of the National Council of Farmer detailed information on the information Cooperatives, Washington, DC; Category [Docket No. 02–113–1] collection, contact Mrs. Celeste Sickles, D. ‘‘Plant Commodity Producers,’’ APHIS’’ Information Collection Notice of Request for Extension of Coordinator, at (301) 734–7477. Tonya Antle, Vice President, Natural Approval of an Information Collection Selection Foods, San Juan Bautista, SUPPLEMENTARY INFORMATION: California; Category G. ‘‘National AGENCY: Animal and Plant Health Title: Veterinary Accreditation Aquaculture Associations,’’ Ronald W. Inspection Service, USDA. Program. Hardy, Director of the Hagerman Fish ACTION: Extension of approval of an OMB Number: 0579–0032. Culture Experiment Station, University information collection; comment Type of Request: Extension of of Idaho, Hagerman, Idaho; Category J. request. approval of an information collection. Abstract: The Animal and Plant ‘‘National Food Science Organizations,’’ Health Inspection Service (APHIS) of Phillip E. Nelson, Head of the SUMMARY: In accordance with the the U.S. Department of Agriculture is Department of Food Science at Purdue Paperwork Reduction Act of 1995, this notice announces the Animal and Plant responsible for, among other things, University, West Lafayette, Indiana; protecting the health of our Nation’s Category L. ‘‘National Nutritional Health Inspection Service’s intention to request an extension of approval of an livestock and poultry populations by Science Societies,’’ John W. Suttie, information collection in support of the preventing the spread of contagious, Professor at the University of Veterinary Accreditation Program. infectious, or communicable diseases of Wisconsin, Madison, Wisconsin; DATES: We will consider all comments livestock and poultry and for Category M. ‘‘1862 Land-Grant Colleges eradicating such diseases from the and Universities,’’ Thomas Alvin Fretz, that we receive on or before March 7, 2003. United States when feasible. Dean and Director of the College of However, because APHIS does not Agriculture and Natural Resources, ADDRESSES: You may submit comments have sufficient personnel to perform all University of Maryland, College Park, by postal mail/commercial delivery or necessary animal disease prevention Maryland; Category R. ‘‘Scientific by e-mail. If you use postal mail/ activities, we rely heavily on assistance Community Not Closely Associated commercial delivery, please send four from veterinarians in the private sector. with Agriculture,’’ Ghassem Asrar, copies of your comment (an original and Veterinary Services (VS), APHIS, Associate Administrator for Earth three copies) to: Docket No. 02–113–1, administers the Veterinary Science at NASA, Washington, DC; Regulatory Analysis and Development, Accreditation Program that authorizes Category U. ‘‘Food and Fiber PPD, APHIS, Station 3C71, 4700 River private veterinary practitioners to work Processors’’, Gilbert Leveille (one year Road Unit 118, Riverdale, MD 20737– cooperatively with VS, as well as with 1238. Please state that your comment term), Vice President of Technology and State animal health officials, to carry out refers to Docket No. 02–113–1. If you Food Systems Design at Cargill, Inc., regulatory programs that ensure the use e-mail, address your comment to health of the Nation’s livestock and and President of the Riley Memorial [email protected]. Your Foundation, Wayzata, Minnesota; poultry. comment must be contained in the body Operating this program requires us to Category AA. ‘‘An Agency of USDA of your message; do not send attached engage in a number of information Lacking Research Capabilities,’’ Homer files. Please include your name and gathering activities, including: Wilkes (re-appointed), State address in your message and ‘‘Docket • Conducting veterinary accreditation Conservationist for the Natural No. 02–113–1’’ on the subject line. orientation and training. Resources Conservation Service, U.S. You may read any comments that we • Completing animal health Department of Agriculture, Jackson, receive on this docket in our reading certificates. Mississippi; Category BB. ‘‘Research room. The reading room is located in • Applying and removing official Agency of the Federal Government other room 1141 of the USDA South Building, seals. than USDA,’’ Clifford Gabriel, Deputy 14th Street and Independence Avenue • Completing test reports. Associate Director for Science at the SW., Washington, DC. Normal reading • Reviewing applications for Executive Office of the President, White room hours are 8 a.m. to 4:30 p.m., veterinary accreditation and House Office of Science and Technology Monday through Friday, except reaccreditation. Policy, Washington, DC; and Category holidays. To be sure someone is there to • Recordkeeping. DD. ‘‘National Organization Directly help you, please call (202) 690–2817 • Updating information on accredited Concerned with Research, Education, before coming. veterinarians. and Extension,’’ Krishna Rao APHIS documents published in the We are asking the Office of Dronamraju, President of the Federal Register, and related Management and Budget (OMB) to Foundation for Genetic Research, information, including the names of approve our use of these information Houston, Texas. organizations and individuals who have collection activities for an additional 3 commented on APHIS dockets, are years.

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The purpose of this notice is to solicit DEPARTMENT OF AGRICULTURE organizations and individuals who have comments from the public (as well as commented on APHIS dockets, are affected agencies) concerning our Animal and Plant Health Inspection available on the Internet at http:// information collection. These comments Service www.aphis.usda.gov/ppd/rad/ will help us: [Docket No. 02–116–1] webrepor.html. (1) Evaluate whether the collection of FOR FURTHER INFORMATION CONTACT: Dr. information is necessary for the proper Oriental Mealybug; Notice of Dale Meyerdirk, Agriculturalist, Availability of an Environmental performance of the functions of the National Biological Control Institute, Assessment Agency, including whether the PPQ, APHIS, 4700 River Road Unit 135, information will have practical utility; AGENCY: Animal and Plant Health Riverdale, MD 20737–1236; (301) 734– 5220. (2) Evaluate the accuracy of our Inspection Service, USDA. SUPPLEMENTARY INFORMATION: estimate of the burden of the ACTION: Notice of availability and information collection, including the request for comments. Background validity of the methodology and SUMMARY: We are advising the public Oriental mealybug (Planococcus assumptions used; that an environmental assessment has lilacinus) is a foreign plant pest that (3) Enhance the quality, utility, and been prepared by the Animal and Plant attacks at least 96 different species of clarity of the information to be Health Inspection Service relative to the plants, including agricultural and collected; and control program of the Oriental ornamental plants. Oriental mealybug is widely distributed in the Eastern (4) Minimize the burden of the mealybug (Planococcus lilacinus). The environmental assessment documents Hemisphere. In the Western information collection on those who are Hemisphere, Oriental mealybug is found to respond, through use, as appropriate, our review and analysis of environmental impacts associated with in the Dominican Republic, El Salvador, of automated, electronic, mechanical, Guam, and Haiti. Susceptible areas and other collection technologies, e.g., five alternatives for control of Oriental mealybug, as well as a recommendation include coastal locations in Mexico as permitting electronic submission of well as the area abutting the Rio Grande responses. for the use of biological control agents in the event Oriental mealybug is Valley. In the United States, an area Estimate of burden: The public detected in the United States. We are including all of the south, and reporting burden for this collection of making this environmental assessment extending north and west as far as information is estimated to average available to the public for review and Pennsylvania; lower Ohio, Indiana, and 0.477348 hours per response. comment. Missouri; and eastern Texas, is susceptible. Even in cold regions, Respondents: Accredited DATES: We will consider all comments certain greenhouse crops would be at veterinarians, candidates for the that we receive on or before February 5, risk of infestation. For these reasons, Veterinary Accreditation Program, and 2003. Oriental mealybug could become a State animal health officials who review ADDRESSES: You may submit comments serious agricultural threat if it were to applications for veterinary accreditation by postal mail/commercial delivery or enter and become established in the and reaccreditation. by e-mail. If you use postal mail/ United States. Estimated annual number of commercial delivery, please send four The Animal and Plant Health respondents: 63,000. copies of your comment (an original and Inspection Service (APHIS) has three copies) to: Docket No. 02–116–1, completed an environmental assessment Estimated annual number of Regulatory Analysis and Development, that considers various methods of responses per respondent: 2.095936. PPD, APHIS, Station 3C71, 4700 River suppression for Oriental mealybug in Estimated annual number of Road Unit 118, Riverdale, MD 20737– the event this pest is detected in the responses: 132,044. 1238. Please state that your comment United States. Based on our findings, we Estimated total annual burden on refers to Docket No. 02–116–1. If you believe that the most effective respondents: 63,031 hours. (Due to use e-mail, address your comment to alternative available is the use of averaging, the total annual burden hours [email protected]. Your biological control agents in the form of may not equal the product of the annual comment must be contained in the body encrytid wasps of the genera Aenasius, number of responses multiplied by the of your message; do not send attached Anagyrus, Aphycus, Gyranusoidea, reporting burden per response.) files. Please include your name and Leptomastix, Pseudaphyscus, Taftia, address in your message and ‘‘Docket Tetracnemoidea, and Promuscidae in All responses to this notice will be No. 02–116–1’’ on the subject line. the family Aphelinidae. Therefore, we summarized and included in the request You may read any comments that we propose to import these biological for OMB approval. All comments will receive on the draft environmental control agents and rear them on Oriental also become a matter of public record. assessment in our reading room. The mealybug in U.S. Department of Done in Washington, DC, this 30th day of reading room is located in room 1141 of Agriculture-certified insect quarantine December 2002. the USDA South Building, 14th Street facilities in preparation for their Peter Fernandez, and Independence Avenue SW., dissemination into the ecosystem in the Washington, DC. Normal reading room event of an infestation of Oriental Acting Administrator, Animal and Plant hours are 8 a.m. to 4:30 p.m., Monday mealybug. Health Inspection Service. through Friday, except holidays. To be It is expected that the biological [FR Doc. 03–214 Filed 1–3–03; 8:45 am] sure someone is there to help you, control agents would be introduced into BILLING CODE 3410–34–P please call (202) 690–2817 before areas where the Oriental mealybug coming. occurs and reproduce naturally without APHIS documents published in the further human intervention, and that Federal Register, and related these stingless, parasitic wasps would information, including the names of become established throughout the

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eventual geographical distribution of Register notice, ‘‘Residue Testing that the list would contain the names Oriental mealybug in the United States. Procedures.’’ That notice announced and addresses of the sellers of livestock The biological characteristics of the that FSIS was changing the action that and poultry that FDA had investigated organisms under consideration preclude it would take when livestock or poultry and determined to be responsible for any possibility of harmful effects on that are presented for slaughter come more than one chemical residue human health. from producers and others who have violation in a 12-month period. The APHIS’ review and analysis of the previously marketed such animals that names and addresses of violators will potential environmental impacts contain violative levels of chemical remain on the list for a year from the associated with each of the possible residues. FSIS will now post on its time that the violation is confirmed by alternatives are documented in detail in website, the names and addresses of the FDA. For any subsequent violation, the an environmental assessment entitled sellers of livestock and poultry who the time period would be extended for a ‘‘Control of Oriental Mealybug, Food and Drug Administration (FDA) year from the date that the violation is Planococcus lilacinus (Homoptera: has determined are responsible for the confirmed by FDA. Pseudococcidae)’’ (October 2002). We repeated sale of livestock or poultry that This new procedure replaces FSIS’ are making this environmental contain violative levels of chemical previous policy of testing livestock and assessment available to the public for residues. FSIS instituted this action poultry carcasses derived from animals review and comment. We will consider partly in response to a petition marketed by producers or sellers who all comments that we receive on or submitted by a number of trade were previously the source of an animal before the date listed under the heading associations. The repeat violators alert with a violative chemical residue at an DATES at the beginning of this notice. list (RVAL) may be found at http:// official establishment (i.e., FSIS ‘‘5/15’’ You may request copies of the www.fsis.usda.gov. policy). environmental assessment by calling or FSIS received several comments about FOR FURTHER INFORMATION CONTACT: writing to the person listed under FOR the policy change that it made effective Carole Thomas, Technical Analysis FURTHER INFORMATION CONTACT. Please on September 5, 2001. FSIS has Staff, Office of Policy, Program refer to the title of the environmental carefully considered the comments and Development, and Evaluation, FSIS, assessment when requesting copies. The is now responding to them. U.S. Department of Agriculture, 1400 environmental assessment is also One commenter asked FSIS to Independence Avenue, SW., Room 405, available for review in our reading room evaluate the role that livestock markets Cotton Annex, Washington, DC 20250– (information on the location and hours play in the marketing chain and to 3700, (202) 205–0210. of the reading room is listed under the provide the necessary resources to heading ADDRESSES at the beginning of SUPPLEMENTARY INFORMATION: ensure that only the actual violator is identified. this notice). Background The environmental assessment has FSIS will work closely with the Food been prepared in accordance with: (1) FSIS conducts both ante-mortem and and Drug Administration, Center for The National Environmental Policy Act post-mortem inspection of all livestock Veterinary Medicine, to identify the of 1969 (NEPA), as amended (42 U.S.C. and poultry presented for slaughter at source of an animal that contains a 4321 et seq.), (2) regulations of the each official establishment. As part of violative chemical residue. If testing Council on Environmental Quality for ante-mortem inspection, FSIS personnel shows that a carcass contains a violative implementing the procedural provisions inspect animals to determine whether chemical residue, the Slaughter of NEPA (40 CFR parts 1500–1508), (3) they exhibit behaviors or conditions that Operations Staff at FSIS’ Technical USDA regulations implementing NEPA are indicative of illegal chemical use. If Service Center (TSC) will open a case (7 CFR part 1), and (4) APHIS’’ NEPA such behaviors or symptoms are file and attempt to determine the source Implementing Procedures (7 CFR part exhibited the animals are tagged ‘‘U.S. of the livestock or poultry. The source 372). Suspect’’ and are further examined at is the farmer, hauler, or auction market post-mortem inspection. that sold the animal for slaughter. Done in Washington, DC, this 30th day of During post-mortem inspection, FSIS The TSC staff will try to obtain from December 2002. veterinarians examine carcasses and the official establishment the name of Peter Fernandez, their organs to determine whether the the seller (e.g., farmer, hauler, producer Acting Administrator, Animal and Plant animals they came from had or auction house) of the livestock or Health Inspection Service. pathological diseases or other poultry. If the source of the animal is [FR Doc. 03–213 Filed 1–3–03; 8:45 am] conditions that could have warranted identified, FSIS will send an ‘‘FSIS BILLING CODE 3410–34–P the use of drugs or other chemicals and Violation Notification Letter’’ to the whether there are any indications of identified entity. The letter will provide illegal chemical use. In addition, FSIS the results of the residue tests taken. DEPARTMENT OF AGRICULTURE conducts laboratory analysis of sample Additionally, pursuant to an October Food Safety and Inspection Service organ tissues that have been taken from 1984, Memorandum of Understanding, carcasses that have pathologies or other FSIS will transmit to FDA information [Docket No. 02–014N] conditions indicative of chemical use to about the violative chemical residue determine whether they contain found, including the name of the official Residue Testing Procedures; violative chemical residues. establishment where the livestock or Response to Comments On August 6, 2001, FSIS issued a poultry was presented for slaughter. AGENCY: Food Safety and Inspection Federal Register notice entitled, Transmission to FDA is through the Service, USDA. ‘‘Residue Testing Procedures’’ (66 FR Residue Violation Information System ACTION: Notice. 40965). The notice announced that, in (RVIS). cooperation with FDA, FSIS would FDA uses the information that it SUMMARY: The Food Safety and make publicly available a list of repeat receives from RVIS to conduct an Inspection Service (FSIS) is issuing this chemical residue violators by posting investigation to confirm a violation and notice to address comments that it the list on the FSIS Homepage (http:// to determine whether the source of the received on its August 6, 2001 Federal www.fsis.usda.gov). The Agency stated violative livestock or poultry is a repeat

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violator. A repeat violator is an FSIS is not aware of any problems producer who is assigned the individual or firm who repeatedly (i.e., with its collection practices for target responsibility of a violation. on more than one occasion) within a 12- tissue samples and carcass An appeal can be made to FSIS and, month period sells an animal for identification. Thus, it has not if necessary, FSIS will consult with FDA slaughter whose carcass is found to conducted a study of the type described about the appeal. contain a violative level of a drug, in the comment. Two commenters asked what type of pesticide, or other chemical residue. Some commenters asked whether economic impact there would be on the One commenter requested that FSIS FSIS would issue instructions or average pork producer and on current work closely with the U.S. Animal conduct training for all inspectors. They marketing practices from the posting of Health Association to develop a quality suggested that the instructions or repeat violators on the FSIS Web site. assurance and food safety certification training address such issues as FSIS cannot anticipate what precise program that could be used by federal standardized sample collection economic impact might be for pork and state agencies to assist producers in procedures for both monitoring and producers. FSIS anticipates, however, developing certification and compliance enforcement residue testing, and a that the impact will be minimal procedures. The commenter also standardized protocol for what tissue because, historically, FSIS has found requested that FSIS develop and samples should be collected from each few chemical residue violations in pork implement a national animal carcass to be tested. products. Also, if drugs are used properly and the proper withdrawal identification program to facilitate rapid FSIS conducts training for its time is followed, there will be no traceback for animal disease and food personnel. The training for sample residue violation. safety issues. collection and sample identification that One commenter suggested that FSIS FSIS believes that quality assurance FSIS personnel receive is sufficient and change the number of violations to five programs can have significant value. provides the proper collection and instead of two. The commenter argued Thus, through its Animal and Egg sample identification methodologies. that a repeat violation by a livestock Production Food Safety Staff, it FSIS’ Center for Learning conducts market is not the same as a repeat encourages States and private groups training for FSIS personnel that are violation by a single, individual like the U.S. Animal Health and responsible for sample collection, producer. Education Association to develop them. particularly on aseptic techniques and FSIS believes that when there is a Moreover, packers may want to require tissue collection for chemical residue second chemical residue violation, that their suppliers provide food safety testing. The TSC has provided hands- regardless of who is responsible for it, certifications to ensure that the packers on, in-plant correlation training sessions there is just cause to make information do not receive animals with violative with FSIS personnel that are responsible about the violation available to help residues. for sample collection and identification. better ensure that meat and poultry FSIS, in February 2002, issued a Additionally, a computer-based training products distributed in commerce are notice, FSIS Notice 5–02, to its field program is available to assist the in- not adulterated with violative chemical personnel that emphasized the plant inspection team on sample residues. importance of animal identification and collection procedures. current regulatory requirements (9 CFR Several commenters raised questions Additional Public Notification 310.2) on this subject. Section 310.2 concerning the FSIS Web site Public awareness of all segments of requires that establishments handle presentation of the list of repeat rulemaking and policy development is severed parts of a carcass that are to be violators, the residue violators alert list important. Consequently, in an effort to used in the preparation of meat food (RVAL). Questions included who has better ensure that minorities, women, products in a manner that identifies the responsibility for updating the list and persons with disabilities are aware them with the rest of the carcass and as on the Web site, and how frequently of this notice, FSIS will announce it and being derived from the particular animal FSIS will update it. Commenters also provide copies of this Federal Register involved until the post mortem asked when the 12-month identification publication in the FSIS Constituent examination of the carcass and its parts period on the RVAL begins if a seller is Update. FSIS provides a weekly FSIS have been completed. Thus, found to be a repeat violator. Constituent Update, which is establishments are required to remove The 12-month listing period on the communicated via fax to over 300 and present to FSIS program personnel, RVAL will begin once a second organizations and individuals. In ear tags, backtags, implants, and other violation has been confirmed by FDA. addition, the update is available on-line identifying devices in a manner that FDA, or a state government acting under through the FSIS webpage located on will provide a ready means of FDA’s authority, will conduct an on-site the Internet at http://www.fsis.usda.gov. identifying a specific carcass until post- investigation. If FDA finds that a seller The update is used to provide mortem examination has been is responsible for a second violative information regarding FSIS policies, completed, or to have alternative sample, it will notify FSIS. The TSC procedures, regulations, Federal measures in place that accomplish the will then notify the FSIS Webmaster to Register notices, public meetings, required identification. Additionally, 9 post the name and address of the repeat recalls, and any other types of CFR 310.2(b)(5)(i) and (ii) require violator on the FSIS Web site. The Web information that could affect or would inspection program personnel to collect site will be updated as violations are be of interest to our constituents/ all IDs associated with animals to obtain confirmed, and the names of the stakeholders. The constituent fax list the traceback information necessary for violators will be deleted once the 12- consists of industry, trade, farm groups, the proper disposition of an animal or month period has passed. For and consumer interest groups, allied carcass. subsequent violations, the time period health professionals, scientific Two commenters asked whether FSIS will be extended by a year from the time professionals, and other individuals that has conducted studies that correlate the additional violation is confirmed by have requested to be included on the target tissue collection with the actual FDA. list. Through these various channels, source of the sample or correct carcass One commenter asked whether there FSIS is able to provide information to a identification. was an appeal process available to a much broader, more diverse audience.

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For more information and to be added DEPARTMENT OF COMMERCE Initiation of Antidumping and to the constituent fax list, fax your Countervailing Duty Administrative request to the Congressional and Public International Trade Administration Reviews, 67 FR 78772 (December 26, Affairs Office, at (202) 720–5704. [A–570–831] 2002). On November 21, 2002, we received Done at Washington, DC, on: December 30, a request for a new shipper review from 2002. Fresh Garlic From the People’s Republic of China Zhengzhou Harmoni Spice Co., Ltd. Garry L. McKee, (‘‘Zhengzhou’’). On November 27, 2002, Administrator. AGENCY: Import Administration, the Department received a request for a [FR Doc. 03–212 Filed 1–3–03; 8:45 am] International Trade Administration, new shipper review from Xiangcheng BILLING CODE 3410–DM–P Department of Commerce. Yisheng Foodstuffs Co., Ltd. ACTION: Notice of initiation of new (‘‘Xiangcheng’’). Also on November 27, shipper antidumping duty reviews: 2002, we received a request for a new fresh garlic from the People’s Republic shipper review from Jining Trans-High BROADCASTING BOARD OF of China. Trading Co., Ltd. (‘‘Jining Trans-High’’). GOVERNORS Zhengzhou identified itself as a Chinese EFFECTIVE DATE: January 6, 2003. producer and exporter of fresh garlic Sunshine Act Meeting SUMMARY: The Department of Commerce from the People’s Republic of China. has received requests to conduct four Xiangcheng and Jining Trans-High are DATE AND TIME: January 8, 2003; 11:30 new shipper reviews of the antidumping Chinese exporters of fresh garlic from a.m.–2:30 p.m. duty order on fresh garlic from the the People’s Republic of China. The People’s Republic of China. In garlic exported by Xiangcheng was PLACE: RFE/RL Headquarters, 1201 accordance with section 751(a)(2)(B) of produced by Henan Yuyu Fruits & Connecticut Avenue, NW., Suite 400, the Tariff Act of 1930, as amended, and Vegetables Products Co., Ltd. Washington, DC 20036. 19 CFR 351.214(d), we are initiating (‘‘Henan’’). The garlic exported by Jining Trans-High was produced by Jining Yun CLOSED MEETING: The members of the three new shipper reviews and not initiating one new shipper review. Feng Agricultural Products Co., Ltd. Broadcasting Board of Governors (BBG) (‘‘Jining Yun Feng’’). will meet in closed session to review FOR FURTHER INFORMATION CONTACT: and discuss a number of issues relating Jeffrey Frank or Mark Ross at (202) 482– Initiation of Review to U.S. Government-funded non- 0090 and (202) 482–4794, respectively; Pursuant to 19 CFR 351.214(b)(2)(i), military international broadcasting. Import Administration, International Zhengzhou provided certifications that They will address internal procedural, Trade Administration, U.S. Department it had not exported subject merchandise of Commerce, 14th Street and budgetary, and personnel issues, as well to the United States during the period Constitution Avenue, NW., Washington, as sensitive foreign policy issues of investigation. Pursuant to 19 CFR DC 20230. relating to potential options in the U.S. 351.214(b)(2)(ii)(A), Xiangcheng and international broadcasting field. This SUPPLEMENTARY INFORMATION: Jining Trans-High provided meeting is closed because if open it Background certifications that they had not exported subject merchandise to the United likely would either disclose matters that On November 26, 2002, we received would be properly classified to be kept States during the period of a request for a new shipper review of investigation. Pursuant to 19 CFR secret in the interest of foreign policy the antidumping duty order on fresh 351.214(b)(2)(ii)(B), Henan and Jining under the appropriate executive order (5 garlic from the People’s Republic of Yun Feng, producers of garlic for U.S.C. 552b. (c)(1)) or would disclose China from Shandong Heze Xiangcheng and Jining Trans-High, information the premature disclosure of International Trade and Developing respectively, provided certifications that which would be likely to significantly Company (‘‘Shandong Heze’’). In its they had not exported subject frustrate implementation of a proposed request for review, Shandong Heze merchandise to the United States during agency action. (5 U.S.C. 552b. (c)(9)(B)). submitted copies of the invoice and bill the period of investigation. In addition, part of the discussion will of lading associated with the first sales In accordance with 19 CFR relate solely to the internal personnel that it made to the United States. 351.214(b)(2)(iii)(A), each of the three and organizational issues of the BBG or However, the dates of sale and entry exporters, Zhengzhou, Xiangcheng, and the International Broadcasting Bureau. listed in the submitted documentation Jining Trans-High, certified that, since (5 U.S.C. 552b. (c) (2) and (6)) indicate that Shandong Heze’s first sale the initiation of the original to the United States was made more investigation, it has never been affiliated FOR FURTHER INFORMATION CONTACT: than one year before its November 26, with any exporter or producer who Persons interested in obtaining more 2002, request for a new shipper review. exported the subject merchandise to the information should contact either Thus, Shandong Heze’s request was United States during the period of Brenda Hardnett or Carol Booker at untimely filed pursuant to the deadline investigation, including those not (202) 401–3736. established in 19 CFR 351.214(c) and we individually examined during the Dated: December 30, 2002. will not initiate a new shipper review investigation. Also, each of the two Carol Booker, based on that request. producers, Henan and Jining Yun Feng, Instead, pursuant to its request in the certified that, since the initiation of the Legal Counsel. alternative, we have initiated an original investigation, it has never been [FR Doc. 03–274 Filed 1–2–03; 12:10 pm] administrative antidumping duty review affiliated with any exporter or producer BILLING CODE 8230–01–M of sales of subject merchandise made by who exported the subject merchandise Shandong Heze during the period of to the United States during the period review, November 1, 2001 through of investigation, including those not October 31, 2002. See § 751 of the Tariff individually examined during the Act of 1930, as amended (the Act). See investigation.

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As required by 19 CFR it is both the producer and exporter. For of Commerce, 14th Street and 351.214(b)(2)(iii)(B), each of the three both Jining Trans-High and Xiangcheng, Constitution Ave., NW., Washington, exporters, Zhengzhou, Xiangcheng, and we will apply the bonding option under DC 20230, telephone: (202) 482–2786. Jining Trans-High, certified that its 19 CFR 351.107(b)(1)(i) only to entries SUPPLEMENTARY INFORMATION: Section export activities were not controlled by of subject merchandise from these two 702 of the Trade Agreements Act of the central government. Also, each of exporters for which the respective 1979 (as amended) (‘‘the Act’’) requires the two producers, Henan and Jining producers under review are the the Department of Commerce (‘‘the Yun Feng, certified that its export suppliers. Department’’) to determine, in The interested parties must submit activities were not controlled by the consultation with the Secretary of applications for disclosure under central government. Thus, the requests Agriculture, whether any foreign administrative protective order in from Zhengzhou, Xiangcheng, and government is providing a subsidy with accordance with 19 CFR 351.305 and Jining Trans-High meet the content respect to any article of cheese subject 351.306. requirements set forth under 19 CFR to an in-quota rate of duty, as defined This initiation and notice are in 351.214(b)(2)(i)–(iii). in section 702(h) of the Act, and to accordance with section 751(a)(2)(B)(ii) In addition, the companies submitted publish an annual list and quarterly of the Act and 19 CFR 351.214 and documentation establishing the updates of the type and amount of those 351.221(c)(1)(i). following: (i) The date on which their subsidies. We hereby provide the subject merchandise was first entered, Dated: December 31, 2002. Department’s annual list of subsidies on or withdrawn from warehouse, for Susan H. Kuhbach, articles of cheese that were imported consumption or the date on which the Acting Assistant Secretary for Import during the period October 1, 2001 exporter or producer first shipped the Administration. through September 30, 2002. subject merchandise for export to the [FR Doc. 03–190 Filed 1–3–03; 8:45 am] The Department has developed, in United States; (ii) the volume of that BILLING CODE 3510–DS–P consultation with the Secretary of and subsequent shipments; and (iii) the Agriculture, information on subsidies date of the first sale to an unaffiliated (as defined in section 702(h) of the Act) customer in the United States. Thus, the DEPARTMENT OF COMMERCE being provided either directly or requests for review meet the content International Trade Administration indirectly by foreign governments on requirements set forth under 19 CFR articles of cheese subject to an in-quota 351.214(b)(2)(iv). Accordingly, pursuant Annual Listing of Foreign Government rate of duty. The appendix to this notice to section 751(a)(2)(B)(ii) of the Act and Subsidies on Articles of Cheese lists the country, the subsidy program or 19 CFR 351.214(d)(1), we are initiating Subject to an In-Quota Rate of Duty programs, and the gross and net new shipper reviews for shipments of amounts of each subsidy for which fresh garlic from the People’s Republic AGENCY: Import Administration, information is currently available. of China exported by Zhengzhou, International Trade Administration, The Department will incorporate Xiangcheng, and Jining Trans-High. The Department of Commerce. additional programs which are found to period of review covers the period ACTION: Publication of annual listing of constitute subsidies, and additional November 1, 2001, through October 31, foreign government subsidies on articles information on the subsidy programs 2002. See 19 CFR 351.214(g). We intend of cheese subject to an in-quota rate of listed, as the information is developed. to issue final results of this review no duty. later than 270 days after the day on The Department encourages any which these new shipper reviews are SUMMARY: The Department of person having information on foreign initiated. See 19 CFR 351.214(i). Commerce, in consultation with the government subsidy programs which benefit articles of cheese subject to an We will instruct the Customs Service Secretary of Agriculture, has prepared in-quota rate of duty to submit such to allow, at the option of the importer, its annual list of foreign government information in writing to the Assistant the posting of a bond or security in lieu subsidies on articles of cheese subject to Secretary for Import Administration, of a cash deposit for each entry of the an in-quota rate of duty during the U.S. Department of Commerce, 14th subject merchandise from the period October 1, 2001 through Street and Constitution Avenue, NW., companies named above, until the September 30, 2002. We are publishing Washington, DC 20230. completion of the review. As the current listing of those subsidies Zhengzhou has certified that it both that we have determined exist. This determination and notice are in produced and exported the subject EFFECTIVE DATE: January 1, 2003. accordance with section 702(a) of the merchandise exported to the United FOR FURTHER INFORMATION CONTACT: Act. States during the relevant period of Tipten Troidl or Alicia Kinsey, Office of Dated: December 31, 2002. review, we will apply the bonding AD/CVD Enforcement VI, Group II, Susan H. Kuhbach, option under 19 CFR 351.107(b)(1)(i) Import Administration, International Acting Assistant Secretary for Import only to subject merchandise for which Trade Administration, U.S. Department Administration.

APPENDIX—SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY

Gross 1 Net 2 Country Program(s) subsidy subsidy ($/lb) ($/lb)

Austria ...... European Union Restitution Payments ...... 0.12 0.12

Belgium ...... EU Restitution Payments ...... 0.02 0.02

Canada ...... Export Assistance on Certain Types of Cheese ...... 0.22 0.22

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APPENDIX—SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY—Continued

Gross 1 Net 2 Country Program(s) subsidy subsidy ($/lb) ($/lb)

Denmark ...... EU Restitution Payments ...... 0.05 0.05

Finland ...... EU Restitution Payments ...... 0.14 0.14

France ...... EU Restitution Payments ...... 0.10 0.10

Germany ...... EU Restitution Payments ...... 0.08 0.08

Greece ...... EU Restitution Payments ...... 0.00 0.00

Ireland ...... EU Restitution Payments ...... 0.07 0.07

Italy ...... EU Restitution Payments ...... 0.08 0.08

Luxembourg ...... EU Restitution Payments ...... 0.07 0.07

Netherlands ...... EU Restitution Payments ...... 0.03 0.03

Norway ...... Indirect (Milk) Subsidy Consumer Subsidy 0.33 0.33 0.15 0.15

Total ...... 0.48 0.48

Portugal ...... EU Restitution Payments ...... 0.04 0.04

Spain ...... EU Restitution Payments ...... 0.05 0.05

Switzerland ...... Deficiency of Payments ...... 0.07 0.06

U.K ...... EU Restitution Payments ...... 0.16 0.16 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6).

[FR Doc. 03–191 Filed 1–3–03; 8:45 am] the March and April Council meetings March 25, 2003: ‘‘Preseason Report II- BILLING CODE 3510–DS–P will be published in subsequent Federal Analysis of Proposed Regulatory Register documents prior to the actual Options for 2003 Ocean Salmon meetings. Fisheries’’ and public hearing schedule DEPARTMENT OF COMMERCE DATES: Written comments on the salmon will be mailed to the public and posted management options must be received on the Council website at http:// National Oceanic and Atmospheric by April 2, 2003, at 4:30 p.m. Pacific www.pcouncil.org. The report will Administration Time. include a description of the adopted [I.D.121802B] ADDRESSES: Documents will be available salmon management options and a from and written comments should be summary of their biological and Pacific Fishery Management Council; sent to Dr. Hans Radtke, Chairman, economic impacts. Public Meetings and Hearings Pacific Fishery Management Council, April 8, 2003: ‘‘Draft Environmental Assessment for the Proposed 2003 AGENCY: National Marine Fisheries 7700 NE Ambassador Place, Suite 200, Management Measures for the Ocean Service (NMFS), National Oceanic and Portland, Oregon, 97220–1384, 503– Salmon Fishery Managed under the Atmospheric Administration (NOAA), 820–2280 (voice) or 503–820–2299 (fax). Pacific Coast Salmon Plan’’ will be Commerce. For specific meeting and hearing locations, see SUPPLEMENTARY available at the Council meeting at the ACTION: Notice of availability of reports; INFORMATION. Red Lion Hotel at the Quay, Vancouver, public meetings and hearings. WA and posted on the Council website FOR FURTHER INFORMATION CONTACT: Mr. at http://www.pcouncil.org. SUMMARY: The Pacific Fishery Chuck Tracy telephone 503–820–2280. Management Council (Council) has SUPPLEMENTARY INFORMATION: April 25, 2003: Council adopted begun its annual preseason management ocean salmon fishing management process for the 2003 ocean salmon Schedule for Document Completion and measures will be posted on the Council fisheries. This document announces the Availability website at http://www.pcouncil.org. availability of Council documents as March 4, 2003: ‘‘Review of 2002 May 1, 2003: Federal regulations will well as the dates and locations of Ocean Salmon Fisheries’’ and be implemented and ‘‘Preseason Report Council meetings and public hearings ‘‘Preseason Report I-Stock Abundance III-Analysis of Council Adopted Ocean comprising the Council’s complete Analysis for 2003 Ocean Salmon Salmon Management Measures for 2003 schedule of events for determining the Fisheries’’ will be available to the public Ocean Salmon Fisheries’’ will be annual proposed and final from the Council office and posted on available from the Council office and modifications to ocean salmon fishery the Council website at http:// posted on the Council web site at http:/ management measures. The agendas for www.pcouncil.org. /www.pcouncil.org.

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Meetings and Hearings Special Accommodations Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. In addition, January 21–24, 2003: The Salmon The meetings are physically comments may be sent by facsimile Technical Team (STT) will meet at the accessible to people with disabilities. transmission to facsimile number (202) Council office in a public work session Requests for sign language to draft ‘‘Review of 2002 Ocean Salmon interpretation or other auxiliary aids 418–5521, or by electronic mail to Fisheries’’ and to consider any other should be directed to Ms. Carolyn Porter [email protected]. Reference should be estimation or methodology issues at 503–820–2280 (voice), or 503–820– made to the PJM Calendar-Month Daily- pertinent to the 2003 ocean salmon 2299 (fax) at least 5 days prior to the LMP Swap (PJM interconnection, LLC) fisheries. meeting date. futures contract; NYMEX PJM Calendar- February 18–21, 2003: The STT will Authority: 16 U.S.C. 1801 et. seq. Week Daily-LMP Swap (PJM meet at the Council office in a public interconnection, LLC) futures contract; Dated: December 30, 2002. and NMEX PJM Day-Ahead LMP Swap work session to draft ‘‘Preseason Report Bruce C. Morehead, I-Stock Abundance Analysis for 2003 (PJM interconnection, LLC) futures Acting Director, Office of Sustainable contract. Ocean Salmon Fisheries’’ and to Fisheries, National Marine Fisheries Service. consider any other estimation or [FR Doc. 03–178 Filed 1–3–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: methodology issues pertinent to the BILLING CODE 3510–22–S Please contact Joseph B. Storer of the 2003 ocean salmon fisheries. Division of Market Oversight, March 10–14, 2003: The Council and Commodity Futures Trading advisory entities will meet at the Red COMMODITY FUTURES TRADING Commission, Three Lafayette Centre, Lion Hotel Sacramento, Sacramento, CA COMMISSION 1155 21st Street NW., Washington, DC to adopt the 2003 salmon management 20581, telephone (202) 418–5282. options for public review. Request of the New York Mercantile Facsimile number: (202) 418–5527. March 31 - April 1, 2003: Public Exchange (NYMEX) for Approval of the Electronic mail: [email protected]. hearings will be held to receive New NYMEX PJM Calendar-Month comments on the proposed ocean Daily-LMP Swap (PJM Interconnection, SUPPLEMENTARY INFORMATION: Copies of salmon fishery management options LLC) Futures Contract; New NYMEX the proposed terms and conditions for adopted by the Council. All public PJM Calendar-Week Daily-LMP Swap the three new futures contracts will be hearings begin at 7 p.m. on the dates (PJM Interconnection, LLC) Futures available for inspection at the Office of and at the locations specified here. Contract; and New NYMEX PJM Day- the Secretariat, Commodity Futures March 31, 2003: Chateau Westport, Ahead LMP Swap (PJM Trading Commission, Three Lafayette Beach Room, 710 W Hancock, Westport, Interconnection, LLC) Futures Contract Centre, 1155 21st Street NW., WA, 98595, telephone 360–268–9101. Washington, DC 20581. Copies can be AGENCY: Commodity Futures Trading obtained through the Office of the March 31, 2003: Red Lion Hotel, Commission South Umpqua Room, 1313 N Bayshore Secretariat by mail at the above address, ACTION: Drive, Coos Bay, OR, 97420, telephone Notice of availability of terms by phone at (202) 418–5100, or via the and conditions of proposed commodity 541–269–4099. internet on the CFTC Web site at futures contracts. April 1, 2003: Red Lion Hotel Eureka, www.cftc.gov under ‘‘What’s New & Evergreen Room, 1929 Fourth Street, SUMMARY: The New York Mercantile Pending’’. Eureka, CA, 95501, telephone 707–441– Exchange (NYMEX of Exchange) has Other materials submitted by the 4712. proposed three (3) new futures NYMEX in support of the proposals may April 7–11, 2003: Council and contracts: the PJM Calendar-Month be available upon request pursuant to advisory entities meet at the Red Lion Daily-LMP Swap (PJM interconnection, the Freedom of Information Act (5 Hotel at the Quay, 100 Columbia St. LLC) futures contract; NYMEX PJM U.S.C. 552) and the Commission’s Vancouver, WA, 98660, telephone 694– Calendar-Week Daily-LMP Swap (PJM regulations thereunder (17 CFR Part 145 8341, to adopt 2003 management interconnection, LLC) futures contract; (2000)), except to the extent they are measures for implementation by NMFS. and NMEX PJM Day-Ahead LMP Swap entitled to confidential treatment as set April 8, 2003: Testimony on the (PJM interconnection, LLC) futures forth in 17 CFR 145.5 and 145.9. contract. The Director of the Division of management options is taken during the Requests for copies of such materials Market Oversight (Division) of the Council meeting at the Red Lion Hotel should be made to the FOI, Privacy and at the Quay, Vancouver, WA. Commission, acting pursuant to the authority delegated by Commission Sunshine Act Compliance Staff of the Although nonemergency issues not Office of Secretariat at the Commission’s contained in the STT meeting agendas Regulation 140.96, has determined that the proposed new NYMEX futures headquarters in accordance with 17 CFR may come before the STT for 145.7 and 145.8. discussion, those issues may not be the contracts are of major economic subject of formal STT action during significance, and that publication for Any person interested in submitting these meetings. STT action will be comment is in the public interest, will written data, views, or arguments on the restricted to those issues specifically assist the Commission in considering proposals, or with respect to other listed in this document and to any the views of interested persons, and is materials submitted by the NYMEX, issues arising after publication of this consistent with the purposes of the should send such comments to Jean A. document requiring emergency action Commodity Exchange Act. Webb, Secretary, Commodity Futures under section 305(c) of the Magnuson- DATES: Comments must be received on Trading Commission, Three Lafayette Stevens Fishery Conservation and or before January 21, 2003. Centre, 1155 21st Street NW., Management Act, provided the public ADDRESSES: Interested persons should Washington, DC 20581 by the specified has been notified of the STT’s intent to submit their views and comments to data. take final action to address the Jean A. Webb, Secretary, Commodity emergency. Futures Trading Commission, Three

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Issued in Washington, DC, on December Agenda: The FCS Summer Study The Department of Education is 30, 2002. Plenary Session of the Army Science especially interested in public comment Michael Gorham, Board is holding a meeting on 14–16 addressing the following issues: (1) Is Director. January 2002. The meeting will be held this collection necessary to the proper [FR Doc. 03–181 Filed 1–3–03; 8:45 am] at The Hilton Hotel, 2399 Jefferson functions of the Department; (2) will BILLING CODE 6351–01–M Davis Highway, Arlington, VA 22202. this information be processed and used The meeting will begin at 0800 hrs on in a timely manner; (3) is the estimate the 14th and will end at approximately of burden accurate; (4) how might the DEPARTMENT OF DEFENSE 1600 hrs on the 16th. For further Department enhance the quality, utility, information, please contact: Major Bob and clarity of the information to be Department of the Army Grier—703–604–7478 or e-mail collected; and (5) how might the [email protected]. Department minimize the burden of this Army Science Board; Notice of Open collection on the respondents, including Wayne Joyner, Meeting through the use of information Program Support Specialist, Army Science technology. In accordance with Section 10(a)(2) of Board. the Federal Advisory committee Act [FR Doc. 03–145 Filed 1–3–03; 8:45 am] Dated: December 30, 2002. (Pub. L. 92–463), announcement is BILLING CODE 3710–08–M John D. Tressler, made of the following Committee Leader, Regulatory Management Group, Meeting: Office of the Chief Information Officer. Name of Committee: Army Science Federal Student Aid Board (ASB). DEPARTMENT OF EDUCATION Date(s) of Meeting: 21–23 January Type of Review: Revision. Notice of Proposed Information 2003. Title: Fiscal Operations Report for Collection Requests Time(s) of Meeting: 0800–1700, 21 2002–2003 and Application to January 2003, 0800–1700, 22 January AGENCY: Department of Education. Participate for 2004–2005 (FISAP) and 2003, 0800–1700, 23 January 2003. SUMMARY: The Leader, Regulatory Reallocation Form E40–4P. Place: The Crystal City Marriott, Management Group, Office of the Chief Frequency: Annually. Crystal City, VA. Information Officer, invites comments Affected Public: Agenda: The Force Protection Study on the proposed information collection Not-for-profit institutions; Businesses of the Army Science Board is holding a requests as required by the Paperwork or other for-profit; State, Local, or Tribal meeting on 21–23 January 2003. The Reduction Act of 1995. Gov’t, SEAs or LEAs. meeting will be held at The Crystal City DATES: Interested persons are invited to Reporting and Recordkeeping Hour Marriott, 1999 Jefferson Davis Highway, submit comments on or before March 7, Burden: Arlington, VA 22202. The meeting will 2003. Responses: 25,876. begin at 0800 hrs on the 21st and will Burden Hours: 25,876. end at approximately 1600 hrs on the SUPPLEMENTARY INFORMATION: Section 23rd. For further information, please 3506 of the Paperwork Reduction Act of Abstract: This application data will be contact: Major Bob Grier—703–604– 1995 (44 U.S.C. Chapter 35) requires used to compute the amount of funds 7478 or email that the Office of Management and needed by each school for the 2004– [email protected]. Budget (OMB) provide interested 2005 award year. The Fiscal Operations Federal agencies and the public an early Report data will be used to assess Wayne Joyner, opportunity to comment on information program effectiveness, account for funds Program Support Specialist, Army Science collection requests. OMB may amend or expended during the 2002–2003 award Board. waive the requirement for public year, and as part of the school funding [FR Doc. 03–144 Filed 1–3–03; 8:45 am] consultation to the extent that public process. The Reallocation form is part of BILLING CODE 3710–08–M participation in the approval process the FISAP on the web. Schools will use would defeat the purpose of the it in the summer to return unexpended information collection, violate State or funds for 2002–2003 and request DEPARTMENT OF DEFENSE Federal law, or substantially interfere supplemental Federal Work-Study with any agency’s ability to perform its (FWS) funds for 2003–2004. Department of the Army statutory obligations. The Leader, Written requests for information Army Science Board; Notice of Open Regulatory Management Group, Office should be addressed to Vivian Reese, Meeting of the Chief Information Officer, Department of Education, 400 Maryland publishes that notice containing Avenue, SW., Room 4050, Regional In accordance with Section 10(a)(2) of proposed information collection Office Building 3, Washington, DC the Federal Advisory Committee Act requests prior to submission of these 20202–4651 or to the e-mail address (Pub. L. 92–463), announcement is requests to OMB. Each proposed [email protected]. Requests may also made of the following Committee information collection, grouped by be faxed to (202) 708–9346. Please Meeting: office, contains the following: (1) Type specify the complete title of the Name of Committee: Army Science of review requested, e.g. new, revision, information collection when making Board (ASB). extension, existing or reinstatement; (2) your request. Date(s) of Meeting: 14–16 January Title; (3) Summary of the collection; (4) Comments regarding burden and/or 2003. Description of the need for, and the collection activity requirements Time(s) of Meeting: 0800–1700, 14 proposed use of, the information; (5) should be directed to Joseph Schubart at January 2003, 0800–1700, 15 January Respondents and frequency of his e-mail address [email protected]. 2003, 0800–1700, 16 January 2003. collection; and (6) Reporting and/or Individuals who use a Place: The Hilton Hotel, Crystal City, Recordkeeping burden. OMB invites telecommunications device for the deaf VA. public comment. (TDD) may call the Federal Information

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Relay Service (FIRS) at 1–800–877– the subject line of your electronic those final indicators after considering 8339. message. responses to this notice and other [FR Doc. 03–137 Filed 1–3–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: information available to the Department. BILLING CODE 4000–01–P Patricia McKee. Telephone (202) 260– This notice does not preclude us from 0991 or via Internet: proposing additional indicators in the [email protected]. Or Melanie future, subject to meeting applicable DEPARTMENT OF EDUCATION Kadlic, U.S. Department of Education, rulemaking requirements. [CFDA NO: 84.349A] Office of Elementary and Secondary Note: This notice does not solicit Education, U.S. Department of applications. In any year in which we choose Early Childhood Educator Professional Education, 400 Maryland Avenue, SW., to use these proposed achievement Development Program room 3C138, FB–6, Washington, DC indicators, we will invite applications 20202–2645. Telephone (202) 260–3793 through a notice in the Federal Register. AGENCY: Office of Elementary and or via Internet: [email protected]. Background: The ECEPD program Secondary Education, Department of If you use a telecommunications provides funds for projects that carry Education. device for the deaf (TDD), you may call out activities to improve the knowledge ACTION: Notice of proposed achievement the TDD number at (202) 205–4475. and skills of early childhood educators indicators. Individuals with disabilities may working in programs that are located in obtain this document in an alternative high-need communities and particularly SUMMARY: The Assistant Secretary for format (e.g., Braille, large print, or serve disadvantaged young children. the Office of Elementary and Secondary computer diskette) on request to one of These programs are based upon the best Education announces proposed the contact persons listed under FOR available research on early childhood achievement indicators for the Early FURTHER INFORMATION CONTACT. pedagogy and on child development Childhood Educator Professional and learning, including early language Development Program (ECEPD), for SUPPLEMENTARY INFORMATION: and literacy development. The grants fiscal year (FY) 2003 and future year Invitation to Comment serve an important purpose because grants. high-quality, intensive, research-based This professional development We invite you to submit comments professional development is critical for program is authorized by section about these proposed achievement implementing effective early childhood 2151(e) of the Elementary and indicators. To ensure that your programs that enhance the school Secondary Education Act (ESEA), as comments have maximum effect in readiness of young children. added by the No Child Left Behind Act developing the notice of final indicators, we urge you to be specific about any ECEPD grants are made to 2001, Public Law 107–110. The ECEPD partnerships of: providers of program is a discretionary grant recommended changes. We are particularly interested in receiving professional development for early program under which funded projects childhood educators; State or local provide high-quality, sustained, and comments on whether the proposed indicators are sufficiently specific and public agencies or private organizations; intensive professional development to and if feasible, a provider experienced improve the knowledge and skills of clear. During and after the comment period in training early childhood educators to early childhood educators who work in (until publication of the final identify and prevent behavior problems high-poverty communities, particularly achievement indicators), you may or work with children identified as or with disadvantaged young children. The inspect all public comments about these suspected to be victims of abuse. purpose of the professional proposed achievement indicators in Section 2151(e)(6) of the ESEA development is to enhance the school room 3W100 FB–6, 400 Maryland requires the Secretary to announce readiness of young children to prevent Avenue, SW., Washington, DC, between achievement indicators for the ECEPD them from encountering difficulties the hours of 8:30 a.m. and 4 p.m., program. These achievement indicators once they enter school, based on the Eastern time, Monday through Friday of must be designed: (1) To measure the best available research on early each week except Federal holidays. To quality and accessibility of the childhood pedagogy and on child obtain access to the building and room, professional development provided; (2) development and learning. These grants please contact in advance one of the to measure the impact of that are part of the President’s early contact persons listed under FOR professional development on the early childhood initiative, Good Start, Grow FURTHER INFORMATION CONTACT. childhood education provided by the Smart, and complement the Department individuals who receive the of Education’s early learning programs, Assistance to Individuals With professional development; and (3) to such as Early Reading First, by helping Disabilities in Reviewing the provide any other measures of program States and local communities strengthen Rulemaking Record impact that the Secretary determines to early learning for young children. On request, we will supply an be appropriate. The statute requires DATES: We must receive your comments appropriate aid, such as a reader or each partnership receiving an ECEPD on or before February 5, 2003. print magnifier, to an individual with a grant to report annually to the Secretary ADDRESSES: Address all comments about disability who needs assistance to on the partnership’s progress toward these proposed achievement indicators review the comments or other attaining these achievement indicators. to Patricia McKee, U.S. Department of documents in the public rulemaking In addition, the statute provides that the Education, 400 Maryland Avenue, SW., record for this proposed priority. If you Secretary may terminate an ECEPD grant room 3W106 FB–6, Washington, DC want to schedule an appointment for if the Secretary determines that the 20202–2645. If you prefer to send your this type of aid, please contact one of partnership receiving the grant is not comments through the Internet, use the the individuals listed under FOR making satisfactory progress toward following address: [email protected]. FURTHER INFORMATION CONTACT. attaining the achievement indicators. You must include the term We will announce the final The Secretary may use these ‘‘Comments on Early Childhood achievement indicators in a notice in achievement indicators for the ECEPD Educator Professional Development’’ in the Federal Register. We will determine grant competition for FY 2003 and

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future years. The achievement Federal Register, in text or Adobe 3. On September 15, 2000, the Cities indicators proposed in this notice are Portable Document Format (PDF) on the of Anaheim, Azusa, Banning, Colton, the same as the achievement indicators Internet at the following site: http:// and Riverside, California (Southern that the Secretary announced in the www.ed.gov/legislation/FedRegister. Cities) filed a complaint against the Federal Register and used for the FY To use PDF you must have Adobe California Independent System Operator 2002 ECEPD grant competition (67 FR Acrobat Reader, which is available free Corporation (Cal ISO) regarding costs 37406, May 29, 2002). at this site. If you have questions about incurred by the Cal ISO and passed on Achievement Indicators: The using PDF, call the U.S. Government to customers as neutrality adjustment Secretary announces the following Printing Office (GPO), toll free, at 1– charges. The Commission acted on the proposed achievement indicators for the 888–293–6498; or in the Washington, complaint on March 14, 2001, ECEPD program, as required by section DC, area at (202) 512–1530. dismissing it in part and granting it in 1 2151(e)(6) of the ESEA: Note: The official version of this document part. Subsequently, the Commission Indicator 1: Increasing numbers of is the document published in the Federal granted in part and denied in part hours of high quality professional Register. Free Internet access to the official rehearing.2 Parties sought further development will be offered. High- edition of the Federal Register and the Code rehearing. quality professional development must of Federal Regulations is available on GPO 4. On June 1, 2001, the Salt River be ongoing, intensive, classroom- Access at: http://www.access.gpo.gov/nara/ Project Agricultural Improvement and focused, and based on scientific index.html. Power District (SRP) filed a complaint research on cognitive and social against the Cal ISO in Docket No. EL01– development in early childhood and (Catalog of Federal Domestic Assistance 84–000 challenging several aspects of Number 84.349A, Early Childhood Educator effective pedagogy for young children. Professional Development Program) the Cal ISO’s neutrality adjustment Indicator 2: Early childhood charges. On June 22, 2001, the Cal ISO, educators who work in early childhood Program Authority: 20 U.S.C. 6651(e). Southern Cities, and SRP filed a motion programs serving low-income children Dated: December 30, 2002. to institute settlement judge procedures will participate in greater numbers, and Susan B. Neuman, to resolve the issues raised in the two in increasing numbers of hours, in high- Assistant Secretary for Elementary and complaints and shortly thereafter, the quality professional development. Secondary Education. Commission issued an order initiating Indicator 3: Early childhood [FR Doc. 03–159 Filed 1–3–03; 8:45 am] settlement judge procedures.3 The order educators will demonstrate increased BILLING CODE 4000–01–P did not institute hearing proceedings or knowledge and understanding of authorize designation of a presiding effective strategies to support school administrative law judge. readiness based on scientific research DEPARTMENT OF ENERGY 5. The parties participated in on cognitive and social development in numerous settlement conferences to early childhood and effective pedagogy Federal Energy Regulatory resolve the complaints, and on July 31, for young children. Commission 2002, Southern Cities, SRP and Cal ISO Indicator 4: Early childhood (Settling Parties) submitted to the educators will more frequently apply [Docket No. EL00–111–002; Docket No. EL01–84–000] Commission an Offer of Settlement and research-based approaches in early Settlement Agreement (Offer of childhood pedagogy and child Cities of Anaheim, Azusa, Banning, Settlement). In addition to comments development and learning domains, Colton and Riverside, California. v. supporting the Offer of Settlement from including using a content-rich California Independent System the Settling Parties and trial staff, curriculum and activities that promote Operator Corporation; Salt River Pacific Gas and Electric Co. (PG&E) filed language and cognitive development. Project Agricultural Improvement and comments opposing the Offer of Indicator 5: Children will Power District v. California Settlement, and the Commission demonstrate improved readiness for Independent System Operator received motions to intervene out-of- school, especially in the areas of Corporation; Order Providing time, and protests or comments in appropriate social and emotional Guidance on the Appropriate opposition, from Enron Power behavior and early language and literacy Procedures for Approval of Settlement Marketing, Inc. (Enron), Puget Sound competencies. Energy, Inc. (Puget Sound), IDACORP Issued December 30, 2002. Intergovernmental Review Energy, L.P. (IDACORP), and California Generators.4 Subsequently, participants This program is subject to Executive Before Commissioners: Pat Wood, III, Chairman; William L. Massey, and Nora Order 12372 and the regulations in 34 1 Mead Brownell. Cities of Anaheim, Azusa, Banning, Colton, and CFR part 79. One of the objectives of the Riverside, California v. California Independent Executive order is to foster an 1. This order provides guidance on System Operator Corp., 94 FERC ¶61,268 (2001). intergovernmental partnership and a procedural questions raised by certain 2 Cities of Anaheim, Azusa, Banning, Colton, and parties in this proceeding relating to an Riverside, California v. California Independent strengthened federalism. The Executive System Operator Corp., 95 FERC ¶61,197 (2001). order relies on processes developed by Offer of Settlement filed while 3 Cities of Anaheim, Azusa, Banning, Colton, and State and local governments for settlement judge procedures were Riverside, California v. California Independent coordination and review of proposed ongoing. System Operator Corp., 96 FERC ¶61,024 (2001). 4 The California Generators are: Duke Energy Federal financial assistance. Background This document provides early North America, LLC; Duke Energy Trading and Marketing, L.L.C.; Dynegy Power Marketing, Inc.; El notification of our proposed 2. There is a lengthy procedural Segundo Power LLC; Long Beach Generation LLC; achievement indicators for this program. history in this case, some of which is Cabrillo Power I LLC; Cabrillo Power II LLC; Mirant not pertinent to the questions raised in Americas Energy Marketing, LP; Mirant California, Electronic Access to This Document the instant request for guidance; this LLC; Reliant Energy Power Generator, Inc.; Reliant Energy Services, Inc.; and Williams Energy You may review this document, as order will relate only those events and Marketing & Trading Company. The California well as all other Department of facts necessary to address the request Generators took no position on the Offer of Education documents published in the before us. Settlement.

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filed reply comments. Enron filed a shortsighted because, if excluded, they necessary that the settlement judge do conditional withdrawal of its motion to could simply file complaints and seek so. Where a contested settlement is filed intervene out-of-time; IDACORP and consolidation with the ongoing in a case that is pending solely before Puget Sound conditionally withdrew proceeding. a settlement judge, the contested their protests. The Settling Parties and Discussion settlement is already before the the California Department of Water Commission itself.10 (We add that, 10. Rule 602 of the Commission’s Resources (DWR) opposed the insofar as the settlement judge is to Rules of Practice and Procedure, 18 CFR interventions. report to the Chief Judge and/or the 6. On November 1, 2002, the § 385.602 (2002), provides procedures Commission, in the future when a Settlement Judge issued an order for the submission of offers of settlement is contested the settlement granting the motions to intervene. The settlement. An uncontested offer of order noted that it appears the Offer of settlement may be certified to the judge should report the fact that a filed Settlement cannot be certified to the Commission upon a finding that the settlement has been contested, and Commission if, as alleged by PG&E and offer is not contested by any identify what the matters at issue may trial staff, there are material issues of participant.5 Where an offer of be.11 fact to be resolved. The judge settlement is contested, it may be 13. The Commission thus does not determined that an additional certified to the Commission if there is need the settlement judge in this case to settlement conference should be no genuine issue of material fact or if pursue the question of whether, in fact, convened to clarify whether there are the record contains substantial evidence any genuine issues of material fact any material issues of fact remaining. from which the Commission may reach remain. The Commission will consider The judge stated that the motions to a reasoned decision on the merits of the the record in this proceeding as it has contested issues.6 The section does not intervene out-of-time were granted so been developed to date, address the expressly discuss settlement judges, the that the additional intervenors could be merits of the issues presented, and also included in the next settlement role they play in the settling of cases, or determine what, if any, additional conference. the handling of such settlements. 7. The November 1 Order prompted 11. Rule 603 provides procedures for procedures may be necessary. At the the Settling Parties to file a request for negotiating settlements before a same time, the Commission will address guidance from the Commission, on an settlement judge. The powers and duties the motions to intervene out-of-time, expedited basis, regarding the of settlement judges include convening and oppositions thereto, filed by Enron, appropriate procedures to be followed and presiding over conferences and Puget Sound, IDACORP, and the to approve the Offer of Settlement. The settlement negotiations, assessing the California Generators. Rule 603 does not Settling Parties state that they are practicalities of a potential settlement, empower settlement judges to rule on concerned that, without guidance from reporting to the Chief Administrative motions to intervene; these will be the Commission on the appropriate Law Judge or the Commission addressed by the Commission in this decisional authority, action on the Offer describing the status of the negotiations, case (and interventions sought in of Settlement will be delayed or will and recommending the termination or similar circumstances in future cases become sidetracked if the negotiation continuation of settlement should be addressed by the Chief process is to begin again before a new negotiations.7 The section does not Judge12), as appropriate. settlement judge and to include expressly discuss certification of additional parties. settlements to the Commission. The Commission orders: 8. The request for guidance posits 12. As stated above, the Commission that, under the Commission’s Rules of set this case for settlement judge (A) The Commission hereby responds Practice and Procedure, settlement procedures under Rule 603. Although to the Settling Parties’ request for judges are not authorized to certify a settlement judges typically will certify guidance, as set forth in the body of this settlement or to make other substantive to the Commission uncontested order. rulings, and that the Commission is the settlements,8 the substantive (B) The Secretary shall promptly appropriate authority to act on the Offer determinations necessary to certify a publish this order in the Federal of Settlement because the proceedings contested settlement, as described in Register. were never set for hearing before a Rules 602(h)(2)(ii) and (iii), are not presiding administrative law judge. The appropriately made by a settlement By the Commission. Settling Parties also question the judge. Given that the settlement judge Linwood A. Watson, Jr., settlement judge’s authority to act on may well be privy to confidential, non- Deputy Secretary. the motions to intervene out-of-time, record information and given that the [FR Doc. 03–195 Filed 1–3–03; 8:45 am] and they state that the Commission settlement judge may have had off-the- BILLING CODE 6717–01–M should have ruled on the motions. record discussions about the merits of 9. PG&E and IDACORP and Puget issues and not all parties may have been filed answers to the request for present, Rule 603 does not empower guidance, PG&E states that it does not settlement judges to make substantive take issue with the procedural questions findings regarding a contested offer of raised in the request, but objects that the settlement or to certify a contested offer Settling Parties have attempted to of settlement.9 Further, it is not reargue the merits of the Offer of Settlement. IDACORP and Puget remark 5 18 CFR § 385.602(g) (2002). 6 18 CFR § 385.602(h)(2)(ii) and (iii) (2002). that the Offer of Settlement fails to 10 See 18 CFR 385.602(b) (2002). 7 18 CFR § 385.603(g) (2002). ensure that all entities who are owed 11 However, the settlement judge, as noted, refunds, and not just the Settling 8 We find that their doing so is appropriate and not inconsistent with our regulations. should not make substantive findings on the Parties, will receive them. They 9 See American Electric Power Service Corp. and matters at issue. continue that denial of their motions to American Electric Power Company, Inc., 100 FERC 12 See 18 CFR 375.304(a), 385.102(a), 385.214(c) intervene in this proceeding would be ¶ 61,346 at P 41–42 (2002), reh’g pending. and (d), and 385.504(b)(12) (2002).

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DEPARTMENT OF ENERGY should, on or before the below listed DEPARTMENT OF ENERGY comment date, file with the Federal Federal Energy Regulatory Energy Regulatory Commission, 888 Federal Energy Regulatory Commission First Street, NE., Washington, DC 20426, Commission [Docket No. CP03–30–000] a motion to intervene in accordance [Docket No. CP03–32–000] with the requirements of the BP West Coast Products, LLC, Atlantic Commission’s Rules of Practice and Northwest Pipeline Corporation; Notice Richfield Company, Intalco Aluminum Procedure (18 CFR 385.214 or 385.211) of Application Corporation; Notice of Filing and the Regulations under the NGA (18 December 30, 2002. December 30, 2002. CFR 157.10). A person obtaining party Take notice that on December 23, Take notice that on December 18, status will be placed on the service list 2002 Northwest Pipeline Corporation 2002, BP West Coast Products, LLC (BP), maintained by the Secretary of the (Northwest), 295 Chipeta Way, Salt Lake Atlantic Richfield Company (Atlantic Commission and will receive copies of City, Utah, 84158 filed in Docket No. Richfield) and Intalco Aluminum all documents filed by the applicant and CP03–32–000, an abbreviated Corporation (Intalco) jointly filed an by all other parties. A party must submit application pursuant to sections 7(b) amendment, pursuant to section 3 of the 14 copies of filings made with the and 7(c) of the Natural Gas Act for its Natural Gas Act (NGA) and section 153 Commission and must mail a copy to ‘‘White River Pipeline Replacement of the Federal Energy Regulatory the applicant and to every other party in Project’’ requesting the Commission to Commission’s regulations, 18 CFR 153 the proceeding. Only parties to the grant: and Executive Order No. 10485, as proceeding can ask for court review of (i) A certificate of public convenience amended by Executive Order No. 12038, Commission orders in the proceeding. and necessity authorizing Northwest to construct and operate approximately to the section 3 Authorization and However, a person does not have to Presidential Permit (Permit) issued by 4,300 feet each of relocated replacement intervene in order to have comments 26-inch pipeline and 30-inch pipeline the Commission in Docket No. CP89– considered. The second way to 267–000 to Atlantic Richfield and loop in King County, Washington; participate is by filing with the Intalco for the Ferndale Pipeline.1 The (ii) approval for Northwest to Secretary of the Commission, as soon as purpose of the amendment is to insert abandon, partially by removal and BP’s name into the Permit in lieu of possible, an original and two copies of partially in place, approximately 3,300 Atlantic Richfield due to transferring of comments in support of or in opposition feet each of 26-inch pipeline and 30- Atlantic Richfield’s interest in the to this project. The Commission will inch pipeline loop being replaced by the Ferndale Pipeline to BP.2 The consider these comments in relocated facilities; and application is on file with the determining the appropriate action to be (iii) approval to remove 665 feet of 26- Commission and open to public taken, but the filing of a comment alone inch pipeline crossing the White River inspection. This filing is available for will not serve to make the filer a party that was previously retired in place. review at the Commission in the Public to the proceeding. The Commission’s All as more fully set forth in its Reference Room or may be viewed on rules require that persons filing petition which is on file with the the Commission’s Web site at http:// comments in opposition to the project Commission and open to public www.ferc.gov using the ‘‘FERRIS’’ link. provide copies of their protests only to inspection. This filing is available for Enter the docket number excluding the the party or parties directly involved in review at the Commission in the Public last three digits in the docket number the protest. Reference Room or may be viewed on the Commission’s Web site at http:// field to access the document. For Motions to intervene, protests and assistance, please contact FERC Online www.ferc.gov using the ‘‘FERRIS’’ link. comments may be filed electronically Enter the docket number excluding the Support at via the internet in lieu of paper; see 18 [email protected] or toll last three digits in the docket number CFR 385.2001(a)(1)(iii) and the free at (866)208–3676, or for TTY, field last three digits in the docket instructions on the Commission’s Web contact (202) 502–8659. number field to access the document. BP and Intalco propose to continue to site under the ‘‘e-Filing’’ link. The For assistance, please contact FERC operate and maintain the existing Commission strongly encourages Online Support at facilities at the U.S./Canada border as electronic filings. [email protected] or toll- authorized by the 1989 Permit. No If the Commission decides to set the free at (866)208–3676, or for TTY, additional facilities are proposed by this application for a formal hearing before contact (202)502–8659. Any questions regarding this amendment. The filing does not seek an Administrative Law Judge, the application should be directed to Gary any change in the terms and conditions Commission will issue another notice of the Permit for the Ferndale Pipeline. Kotter, Manager, Certificates and Tariffs, describing that process. At the end of at (801) 584–7117, Northwest Pipeline Any questions regarding the the Commission’s review process, a application are to be directed to Daniel Corporation, P.O. Box 58900, Salt Lake final Commission order approving or City, Utah 84158. M. Adamson, Davis Wright Tremaine denying a certificate will be issued. LLP, 1500 K Street, NW., Suite 450, Northwest states that as a result of Washington, DC, 20005. Comment Date: January 21, 2003. high flows and erosion in the White River over the past several years it has There are two ways to become Linwood A. Watson, Jr., involved in the Commission’s review of installed temporary structures and sheet this project. First, any person wishing to Deputy Secretary. piling to the banks of the river to obtain legal status by becoming a party [FR Doc. 03–124 Filed 1–3–03; 8:45 am] maintain the integrity of the 26-inch and to the proceedings for this project BILLING CODE 6717–01–P 30-inch pipeline crossings. Northwest asserts that the proposed replacement 1 49 FERC ¿ 61,294 (1989). project is necessary to provide a more 2 Atlantic Richfield’s interest in the Ferndale permanent solution for improved Pipeline became assets of BP on January 1, 2002. pipeline safety and integrity, while

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restoring the natural environment of the environmental review process. DEPARTMENT OF ENERGY river and floodplains at the pipeline Environmental commentator will not be crossing location. required to serve copies of filed Federal Energy Regulatory Northwest states that construction of documents on all other parties. Commission the project is scheduled to occur over a However, the non-party commentator [Docket No. CP03–31–000] two-year period to accommodate will not receive copies of all documents anticipated permitting requirements and filed by other parties or issued by the Paiute Pipeline Company; Notice of environmental limitations on Commission (except for the mailing of Application construction windows. Northwest plans environmental documents issued by the to commence construction during the December 30, 2002. Commission) and will not have the right summer of 2003 and complete the Take notice that on December 19, project in the fall of 2004. to seek court review of the 2002, Paiute Pipeline Company (Paiute), The estimated cost of the proposed Commission’s final order. PO Box 94197, Las Vegas, Nevada project is approximately $29.4 million. The Commission may issue a 89193–4197, filed in Docket No. CP03– There are two ways to become preliminary determination on non- 31–000, an application pursuant to involved in the Commission’s review of environmental issues prior to the sections 7(b) and 7(c) of the Natural Gas this project. First, any person wishing to completion of its review of the Act (NGA), as amended, and part 157 of obtain legal status by becoming a party environmental aspects of the project. the regulations of the Federal Energy to the proceedings for this project This preliminary determination Regulatory Commission (Commission), should, on or before the comment date typically considers such issues as the for an order granting a certificate of stated below file with the Federal public convenience and necessity and need for the project and its economic Energy Regulatory Commission, 888 permission and approval to abandon effect on existing customers of the First Street, NE., Washington, DC 20426, facilities, so as to enable Paiute to a motion to intervene in accordance applicant, on other pipelines in the area, replace two segments of deteriorating with the requirements of the and on landowners and communities. pipeline on its Carson Lateral mainline Commission’s Rules of Practice and For example, the Commission considers system and at the same time enhance Procedure (18 CFR 385.214 or 385.211) the extent to which the applicant may the capacity on its Carson Lateral to and the Regulations under the NGA (18 need to exercise eminent domain to meet the growth requirements of an CFR 157.10). A person obtaining party obtain rights-of-way for the proposed existing shipper served by that portion status will be placed on the service list project and balances that against the of its transmission system, Southwest maintained by the Secretary of the non-environmental benefits to be Gas Corporation-Northern Nevada Commission and will receive copies of provided by the project. Therefore, if a (Southwest), all as more fully set forth all documents filed by the applicant and person has comments on community in the application which is on file with by all other parties. A party must submit and landowner impacts from this the Commission and open to public 14 copies of filings made in the proposal, it is important either to file inspection. This filing is available for proceeding. with the Commission and comments or to intervene as early in the review at the Commission in the Public must mail a copy to the applicant and process as possible. Reference Room or may be viewed on to every other party. Only parties to the the Commission’s Web site at http:// proceeding can ask for court review of Protests and interventions may be www.ferc.gov using the ‘‘FERRIS’’ link. Commission orders in the proceeding. filed electronically via the Internet in Enter the docket number excluding the However, a person does not have to lieu of paper; see 18 CFR last three digits in the docket number intervene in order to have comments 385.2001(a)(1)(iii) and the instructions field to access the document. For considered. The second way to on the Commission’s Web site under the assistance, please contact FERC Online participate is by filing with the ‘‘e-Filing’’ link. The Commission Support at Secretary of the Commission, as soon as strongly encourages electronic filings. [email protected] or toll- possible, an original and two copies of If the Commission decides to set the free at (866) 208–3676, or for TTY, comments in support of or in opposition application for a formal hearing before contact (202) 502–8659. to this project. The Commission will an Administrative Law Judge, the Paiute states that it will be replacing consider these comments in Commission will issue another notice two deteriorated segments of the determining the appropriate action to be describing that process. At the end of original 10-inch transmission line on its taken, but the filing of a comment alone the Commission’s review process, a Carson Lateral. At the same time, will not serve to make the filer a party however, as a result of a request by final Commission order approving or to the proceeding. The Commission’s Southwest for additional firm denying a certificate will be issued. rules require that persons filing transportation service on the Carson comments in opposition to the project Comment Date: January 21, 2003. Lateral, Paiute states that it is also provide copies of their protests only to Linwood A. Watson, Jr., proposing to enhance the capacity of its the party or parties directly involved in Carson Lateral facilities by replacing the the protest. Deputy Secretary. deteriorated segments with 20-inch Persons who wish to comment only [FR Doc. 03–126 Filed 1–3–03; 8:45 am] diameter pipeline, rather than in kind, on the environmental review of this BILLING CODE 6717–01–P and by installing additional new and project should submit an original and replacement 20-inch loop pipeline two copies of their comments to the segments. Secretary of the Commission. Specifically, Paiute states that it Environmental commentator will be proposes to (1) Replace approximately placed on the Commission’s 8.0 miles of 10-inch pipeline on the environmental mailing list, will receive Carson Lateral between mileposts 37.34 copies of the environmental documents, and 45.34 with approximately 8.1 miles and will be notified of meetings of 20-inch pipeline; (2) install associated with the Commission’s approximately 6.4 miles of 20-inch loop

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pipeline on the Carson Lateral between stated below file with the Federal effect on existing customers of the mileposts 9.45 and 15.85; and (3) Energy Regulatory Commission, 888 applicant, on other pipelines in the area, replace and/or install pressure First Street, NE., Washington, DC 20426, and on landowners and communities. regulating facilities at four locations. a motion to intervene in accordance For example, the Commission considers Paiute states that it has entered into with the requirements of the the extent to which the applicant may a long-term transportation service Commission’s Rules of Practice and need to exercise eminent domain to agreement with Southwest under which Procedure (18 CFR 385.214 or 385.211) obtain rights-of-way for the proposed Paiute will provide Southwest with and the Regulations under the NGA (18 project and balances that against the additional firm transportation service of CFR 157.10). A person obtaining party non-environmental benefits to be up to 5,868 Dth per day from the status will be placed on the service list provided by the project. Therefore, if a Wadsworth receipt point, where Paiute maintained by the Secretary of the person has comments on community interconnects with Tuscarora Gas Commission and will receive copies of and landowner impacts from this Transmission Company, to various all documents filed by the applicant and proposal, it is important either to file delivery points served by the Carson by all other parties. A party must submit comments or to intervene as early in the Lateral. Paiute also states that the 14 copies of filings made with the process as possible. proposed facilities will add the Commission and must mail a copy to Protests and interventions may be necessary capacity to provide the the applicant and to every other party in filed electronically via the Internet in increase in firm transportation service the proceeding. Only parties to the lieu of paper; see 18 CFR and will preserve the existing flexibility proceeding can ask for court review of 385.2001(a)(1)(iii) and the instructions of delivery capability afforded to its Commission orders in the proceeding. on the Commission’s Web site under the shippers. However, a person does not have to ‘‘e-Filing’’ link. The Commission Paiute states that the estimated cost of intervene in order to have comments strongly encourages electronic filings. the proposed facilities is $10,742,000. considered. The second way to If the Commission decides to set the The cost to abandon in place the participate is by filing with the application for a formal hearing before existing 10-inch pipeline and to remove Secretary of the Commission, as soon as an Administrative Law Judge, the certain pressure regulating facilities is possible, an original and two copies of Commission will issue another notice estimated to be $18,000. Paiute requests comments in support of or in opposition describing that process. At the end of that the Commission, in accordance to this project. The Commission will the Commission’s review process, a with its 1999 Policy Statement for the consider these comments in final Commission order approving or construction of new pipeline facilities, determining the appropriate action to be denying a certificate will be issued. make a determination that a portion of taken, but the filing of a comment alone Comment date: January 21, 2003. the costs of the proposed facilities be will not serve to make the filer a party recovered through an incremental rate to the proceeding. The Commission’s Linwood A. Watson, Jr., charged to Southwest, and a portion of rules require that persons filing Deputy Secretary. the costs be rolled into Paiute’s comments in opposition to the project [FR Doc. 03–125 Filed 1–3–03; 8:45 am] systemwide rates in Paiute’s next provide copies of their protests only to BILLING CODE 6717–01–P general rate case under section 4 of the the party or parties directly involved in Natural Gas Act. Paiute states that if it the protest. were to construct new 10-inch pipeline Persons who wish to comment only DEPARTMENT OF ENERGY to replace the two deteriorated 10-inch on the environmental review of this segments, it would install 6.42 miles of project should submit an original an two Federal Energy Regulatory 10-inch replacement pipe at a cost of copies of their comments to the Commission $3,487,000. Paiute states that it has Secretary of the Commission. requested that the Commission Environmental commenters will be [Docket No. EG03–25–000, et al.] determine that $3,487,000 of the costs of placed on the Commission’s the proposed facilities can be rolled into environmental mailing list, will receive PSEG Power Connecticut LLC, et al.; Paiute’s systemwide rates in its next rate copies of the environmental documents, Electric Rate and Corporate Filings case, and that the remainder if the and will be notified of meetings project cost be recovered through an associated with the Commission’s December 26, 2002. incremental surcharge assessed to environmental review process. The following filings have been made Southwest. Environmental commenters will not be with the Commission. The filings are Paiute requests the issuance of a final required to serve copies of filed listed in ascending order within each certificate order no later than June 1, documents on all other parties. docket classification. 2003 so that the proposed facilities can However, the non-party commenters 1. PSEG Power Connecticut LLC be constructed and placed into service will not receive copies of all documents by November 1, 2003. filed by other parties or issued by the Docket No. EG03–25–000. Any questions concerning this Commission (except for the mailing of Take notice that on December 23, application may be directed to Edward environmental documents issued by the 2002, PSEG Power Connecticut LLC C. McMurtrie, Vice President, General Commission) and will not have the right (Applicant), filed with the Federal Manager, Paiute Pipeline Company, PO to seek court review of the Energy Regulatory Commission (FERC Box 94197, Las Vegas, Nevada 89193– Commission’s final order. or the Commission) an amendment to its 4197, at (702) 876–7178 or fax (702) The Commission may issue a December 4, 2002 application for 873–3820. preliminary determination on non- determination of exempt wholesale There are two ways to become environmental issues prior to the generator (EWG) status pursuant to part involved in the Commission’s review of completion of its review of the 365 of the Commission’s regulations. this project. First, any person wishing to environmental aspects of the project. The amendment requests Commission obtain legal status by becoming a party This preliminary determination authority to engage in certain additional to the proceedings for this project typically considers such issues as the activities incidental to the generation of should, on or before the comment date need for the project and its economic electricity for sale at wholesale.

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The Applicant is a limited liability was served on these companies through Access Transmission Tariff (OATT) and company formed under the laws of the New England Power Company. Market Administration and Control State of Delaware. The Applicant is Comment Date: January 13, 2003. Area Services Tariff (Services Tariff). engaged, directly or indirectly through The proposed filing would amend the 4. Occidental Energy Marketing, Inc. an affiliate as defined in section TCC credit policy. The NYISO has 2(a)(11)(B) of the Public Utility Holding [Docket No. ER02–1947–002] requested that the Commission make the Company Act of 1935 (PUHCA), Take notice that on December 17, filing effective on January 10, 2003. exclusively in owning or owning and 2002, Occidental Energy Marketing, Inc. The NYISO states it has served a copy operating eligible electric facilities and filed a Notice of Cancellation with of this filing to all parties that have participating in certain other activities regard to Occidental Energy Marketing, executed Service Agreements under the incidental to such eligible electric Inc. FERC Electric Rate Schedule No. 1 NYISO’s OATT or Services Tariff, the facilities as authorized under PUHCA. to be effective February 17, 2003. New York State Public Services The Applicant owns and operates Comment Date: January 7, 2003. Commission and to the electric utility eligible facilities located in Connecticut. regulatory agencies in New Jersey and 5. Sierra Pacific Power Company Comment Date: January 16, 2003. Pennsylvania. Nevada Power Company Comment Date: January 13, 2003. 2. New York Independent System [Docket No. ER02–2609–002] Operator, Inc. 8. Pacific Gas and Electric Company Take notice that on December 23, Docket No. EL01–50–003. 2002, Sierra Pacific Power Company [Docket No. ER03–299–000] Take notice that on December 20, and Nevada Power Company Take notice that on December 17, 2002, the New York Independent (collectively, Applicants ) tendered for 2002, Pacific Gas and Electric Company System Operator, Inc. (NYISO) tendered filing pursuant to Section 205 of the (PG&E) tendered for filing an annual for filing a compliance filing in Federal Power Act, Section 35 of the update filing including revisions to its accordance with the Commission’s Commission’s Regulations, and the Reliability Must Run Service November 22, 2002 order in the above- Commission’s November 21, 2002 Order Agreements (RMR Agreements) with the captioned proceedings. issued in the above-referenced California Independent System Operator The NYISO has served a copy of this proceeding, a compliance filing Corporation (ISO) for Helms Power filing upon all parties designated on the consisting of clean and redlined Plant, PG&E First Revised Rate Schedule official service lists compiled by the versions of the Applicants’ Open Access FERC No. 207 and San Joaquin Power Secretary in these proceedings. The Transmission Tariff (OATT). This Plant, PG&E First Revised Rate Schedule NYISO has also served a copy of this compliance filing is being made to FERC No. 211. This filing revises filing to all parties that have executed satisfy the requirement in the portions of the Rate Schedules to adjust Service Agreements under the NYISO’s Commission’s November 21 Order to the values for Contract Service Limits, Open-Access Transmission Tariff or make a compliance filing within 30 days Owner’s Repair Cost Obligation and Services Tariff, the New York State implementing certain specified changes Prepaid Start-up information. These Public Service Commission and to the in the OATT. changes are expressly required and/or electric utility regulatory agencies in Comment Date: January 13, 2003. authorized under the RMR Agreements. New Jersey and Pennsylvania. PG&E states that copies of this filing 6. PJM Interconnection, L.L.C. Comment Date: January 16, 2003. have been served upon the ISO, the [Docket No. ER03–254–001] California Electricity Oversight Board, 3. Town of Norwood, Massachusetts, and the California Public Utilities Complainant v. National Grid USA, Take notice that on December 20, Commission. New England Electric, System, New 2002, PJM Interconnection, L.L.C. (PJM), Comment Date: January 7, 2003. England Power Company, amended its December 6, 2002 filing in Massachusetts Electric Co., and this docket. As part of the December 6, 9. Pacific Gas and Electric Company 2002 filing, PJM added a new Schedule Narragansett, Electric Company, [Docket No. ER03–300–000] Respondents. 12 to the Amended and Restated Operating Agreement of PJM Take notice that on December 20, [Docket No. EL03–37–000] Interconnection, L.L.C. that lists all 2002, Pacific Gas and Electric Company Take notice that on December 23, current PJM members. MG Industries, a (PG&E) tendered for filing changes in 2002, the Town of Norwood, current member of PJM, inadvertently rates included in its Transmission Massachusetts (Norwood) filed with the was omitted from the new Schedule 12. Owner Tariff (TO Tariff) for the Federal Energy Regulatory Commission Therefore, PJM hereby amends its Transmission Revenue Balancing (Commission) a Complaint under December 6, 2002 filing to include MG Account Adjustment (TRBAA) rate, the Section 206 of the Federal Power Act Industries in Schedule 12. Reliability Services (RS) rates the against National Grid USA, doing PJM states that copies of this filing Transmission Access Charge Balancing business as New England Electric were served upon all parties listed on Account Adjustment (TACBAA) also set System, New England Power Company, the official service list compiled by the forth in its TO Tariff. With the Massachusetts Electric Co. and secretary in this proceeding and MG exception of the TACBAA rate, these Narragansett Electric Company. Industries. changes in rates are proposed to become Norwood complains that these Comment Date: January 10, 2003. effective January 1, 2003. companies, through New England 7. New York Independent System Copies of this filing have been served Power Company, have demanded, Operator, Inc. upon the California Independent System charged, and sought to collect from Operator (ISO), Scheduling Norwood an alleged ‘‘Contract [Docket No. ER03–297–000] Coordinators registered with the ISO, Termination Charge’’ that is unjust, Take notice that on December 23, Southern California Edison Company, unreasonable, unduly discriminatory, 2002, the New York Independent San Diego Gas &Electric Company, the preferential and otherwise unlawful as System Operator, Inc. (NYISO), filed California Public Utilities Commission to Norwood. A copy of this complaint proposed revisions to the NYISO’s Open and other parties to the official service

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lists in recent TO Tariff rate cases, FERC 2001. North West requests waiver of the (RECO) tendered for filing requests to (I) Docket Nos. ER00–2360–000 and ER01– Commission notice requirements to permit CEE’s participation in the 66–000. permit these effective dates. statewide auction bidding process Comment Date: January 10, 2003. Additionally, North West requests that approved by the New Jersey Board of the Initial Rate Reduction and the Public Utilities to the extent that CEE 10. Southern California Edison Wheeling Agreement be deemed may bid to supply the electric load Company superseded as of January 1, 2000 and requirements of its affiliate, RECO, [Docket No. ER03–301–000] January 1, 2001, respectively. North which are not served by alternative Take notice, that on December 20, West also requests that its Agreement power suppliers and, if any such bid 2002, Southern California Edison for Purchase of Power Between that CEE may submit is successful, entry Company (Edison) tendered for filing Plymouth Electric Cooperative into the requisite BPU-approved supply revisions to its firm transmission service Association and Town of Westfield, agreements with RECO; (ii) waive, to the agreements (Existing Transmission Iowa, currently on file with the extent necessary, applicable provisions Contracts) with the following entities: Commission, be deemed superseded as in Petitioners’ codes of conduct and of August 1, 1998. After all approvals, market-base rate tariffs and the Entity Rate Schedule FERC No. the Second Rate Reduction will be the Commission’s regulations; and (iii) give 1. City of Azusa 372, 373, 374, 375, 376, only agreement in effect for North West. expedited review and approval to the 377. Comment Date: January 10, 2003. foregoing requests at the earliest 2. City of Banning 378, 379, 380, 381, possible date in view of the February 3, 12. New York Independent System 382, 383. 2003 date for submitting auction bids. Operator, Inc. 3. City of Colton 361, 362, 363, 364, 365, Comment Date: January 10, 2003. 366. [Docket No. ER03–303–000] 14. PPL Electric Utilities Corporation 4. City of Riverside 390, 391, 392, 393. Take notice that on December 20, The revised Existing Transmission 2002, the New York Independent [Docket No. ER03–305–000] Contracts specify, among other things, System Operator, Inc. (NYISO) filed the Take notice that on December 20, the terms, conditions and rates, for following Market Administration and 2002, PPL Electric Utilities Corporation transmission service over Edison’s Control Area Services Tariff (Services (PPL Electric) filed a revised transmission facilities. Edison requests Tariff) revisions to the NYCA demand Interconnection Agreement between that the revised Existing Transmission response programs: (I) Extension of the PPL Electric and Allegheny Electric Contracts be accepted for filing effective Emergency Demand Response Program Cooperative, Inc. for interconnection at January 1, 2003. (EDRP) through October 31, 2005; (ii) the Renovo/Chapman delivery point. Copies of this filing were served upon establishment of EDRP Resource Comment Date: January 10, 2003. the Public Utilities Commission of the eligibility for participation in the NYCA 15. North West Rural Electric State of California, the Cities of Azusa, Energy market Locational Based Cooperative Banning, Colton and Riverside, and Marginal Pricing price setting counsel for the Cities. mechanism; (iii) adoption of a zonal [Docket No. ER03–306–00] Comment Date: January 10, 2003. floor bid price for the Day-Ahead Take notice that on December 20, Demand Response Program; (iv) 2002, North West Rural Electric 11. North West Rural Electric extension of the time period in which Cooperative (North West) filed its open Cooperative Demand Reduction Incentive Payments access transmission tariff (OATT) and [Docket No. ER03–302–000] will be available for Demand Reductions accompanying rates pursuant to the Take notice that on December 20, through October 31, 2004; (v) de-linking Federal Energy Regulatory Commission 2002, North West Rural Electric of the Special Case Resource (SCR) (Commission) Order No. 888 and Cooperative (North West) filed three rate program and EDRP so that the NYISO section 205 of the Federal Power Act. schedules for service by North West to may activate each program separately; North West is submitting the tariff the City of Westfield, Iowa pursuant to (vi) implementation of a Load reduction because it has received a request for section 205 of the Federal Power Act Energy payment to SCRs that verify transmission service on its facilities. and 35.13 of the Regulations of the Load reduction in response to a Forecast North West filing is available for public Federal Energy Regulatory Commission Reserve Shortage; and (vii) changes in inspection at its offices in Orange City, (Commission), 18 CFR 35.13. These the NYISO administration of the SCR Iowa. agreements are: Rate Schedule dated program to facilitate requests for Comment Date: January 10, 2003. performance by SCRs. August 1, 1998 (Initial Rate Reduction); 16. PPL Electric Utilities Corporation Agreement for Wheeling Electric Power The NYISO has served a copy of this dated January 20, 1999 (Wheeling filing to all parties that have executed [Docket No. ER03–307–000] Agreement); and Agreement for Electric Service Agreements under the NYISO’s Take notice that on December 20, Service dated January 1, 2001 (Second Open-Access Transmission Tariff or 2002, PPL Electric Utilities Corporation Rate Reduction). North West filing is Services Tariff, the New York State (PPL Electric) filed a revised available for public inspection at its Public Service Commission and to the Interconnection Agreement between offices in Orange City, Iowa. electric utility regulatory agencies in PPL Electric and Allegheny Electric North West submits the agreements New Jersey and Pennsylvania. Cooperative, Inc. for interconnection at for filing and requests that: (1) The Rate Comment Date: January 10, 2003. the Fairfield delivery point. Comment Date: January 10, 2003. Reduction Agreement be permitted to 13. Consolidated Edison Energy, Inc. become effective as a rate schedule as of and Rockland Electric Company 17. Southern California Edison August 1, 1998; (2) the Wheeling Company Agreement be permitted to become [Docket No. ER03–304–000] effective as of January 1, 2000; and (3) Take notice that on December 20, [Docket No. ER03–308–000] the Second Rate Reduction be permitted 2002, Consolidated Edison Energy, Inc. Take notice, that on December 20, to become effective as of January 1, (CEE) and Rockland Electric Company 2002, Southern California Edison

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Company (Edison) tendered for filing a between Blount County Energy, LLC b. Project No.: P–1932–004. revised rate for transmission service to and APC (Service Agreement No. 432 c. Date filed: December 6, 2002. be provided pursuant to the terms of the under Southern Companies’ Open d. Applicant: Southern California Exchange Agreement (Agreement) with Access Transmission Tariff, Fourth Edison Company (SCE). the Department of Water and Power of Revised Volume No. 5). An effective e. Name of Project: Lytle Creek the City of Los Angeles (DWP), Rate date of November 21, 2002 has been Project. Schedule FERC No. 219. This rate requested. f. Location: On Lytle Creek, in the change is made in accordance with Comment Date: January 10, 2003. Town of Devore, San Bernardino Section 8.7.6 of the Agreement and is to Standard Paragraph County, California. The project occupies become effective for service rendered on 29.06 acres of land within the San and after January 1, 2003. Any person desiring to intervene or to Bernardino National Forest. Copies of this filing were served upon protest this filing should file with the g. Filed Pursuant to: Rule 602 of the Federal Energy Regulatory Commission, the Public Utilities Commission of the Commission’s Rules of Practice and 888 First Street, NE., Washington, DC State of California, and the DWP. Procedure, 18 CFR 385.602. 20426, in accordance with Rules 211 Comment Date: January 10, 2003. h. Applicant Contact: Nino J. and 214 of the Commission’s Rules of Mascolo, SCE, 2244 Walnut Grove Ave., 18. Allegheny Power Practice and Procedure (18 CFR 385.211 Rosemead, California 91770 (626) 302– and 385.214). Protests will be [Docket No. ER03–309–000] 4459. considered by the Commission in Take notice that on December 19, determining the appropriate action to be i. FERC Contact: Jon Cofrancesco, 2002, Allegheny Power (Allegheny) taken, but will not serve to make (202) 502–8951, submitted for filing an unexecuted protestants parties to the proceeding. [email protected]. Interconnection and Operating Any person wishing to become a party j. Deadline for filing comments: Agreement (Agreement) with Duke must file a motion to intervene. All such January 14, 2003 Reply comments due Energy Fayette, LLC (Duke) and a Letter motions or protests should be filed on January 24, 2003. This extends the 20- Agreement between Allegheny and or before the comment date, and, to the day comment period, provided by 18 Duke. extent applicable, must be served on the CFR 385.602(f)(2). Allegheny requests an effective date applicant and on any other person All documents (original and eight of December 20, 2002 for the Agreement designated on the official service list. copies) should be filed with: Magalie R. and Letter Agreement and accordingly This filing is available for review at the Salas, Secretary, Federal Energy seeks waiver of the Commission’s prior Commission or may be viewed on the Regulatory Commission, 888 First notice requirements. Copies of the filing Commission’s Web site at http:// Street, NE., Washington, DC 20426. were served on Duke and the Maryland, www.ferc.gov , using the ‘‘FERRIS’’ link. Please affix Project No. 1932–004 to all Ohio, Pennsylvania, Virginia and West Enter the docket number excluding the comments. Virginia public utility commissions. last three digits in the docket number The Commission’s Rules of Practice Comment Date: January 10, 2003. filed to access the document. For require all interveners filing documents 19. California Independent System assistance, contact FERC Online with the Commission to serve a copy of Corporation Support at that document on each person on the official service list for the project. [Docket No. ER03–310–000] Operator [email protected] or toll- free at (866)208–3676, or for TTY, Further, if an intervenor files comments Take notice that on December 20, contact (202)502–8659. Protests and or documents with the Commission 2002, the California Independent interventions may be filed electronically relating to the merits of an issue that System Operator Corporation (ISO) via the Internet in lieu of paper; see 18 may affect the responsibilities of a submitted an informational filing as to CFR 385.2001(a)(1)(iii) and the particular resource agency, they must the ISO’s updated transmission Access instructions on the Commission’s Web also serve a copy of the document on Charge rates effective as of January 1, site under the ‘‘e-Filing’’ link. The that resource agency. 2003. Commission strongly encourages Comments may be filed electronically The ISO states that this filing has been electronic filings. via the Internet in lieu of paper. The served upon the Public Utilities Commission strongly encourages Commission of the State of California, Linwood A. Watson, Jr., electronic filings. See 18 CFR the California Energy Commission, the Deputy Secretary. 385.2001(a)(1)(iii) and the instructions California Electricity Oversight Board, [FR Doc. 03–180 Filed 1–3–03; 8:45 am] on the Commission’s Web site ( http:// the Participating Transmission Owners, BILLING CODE 6717–01–P www.ferc.gov ) under the ‘‘e-Filing’’ and upon all parties with effective link. Scheduling Coordinator Service k. Description of Filing: SCE filed the Agreements under the ISO Tariff. In DEPARTMENT OF ENERGY Offer of Settlement on behalf of itself, addition, the ISO is posting the filing on the U.S. Forest Service (USFS), and the ISO Home Page. Federal Energy Regulatory Fontana Union Water Company. The Comment Date: January 10, 2003. Commission purpose of the Offer of Settlement is to 20. Southern Company Services, Inc. Notice of Settlement Agreement and resolve among the signatories project Soliciting Comments bypass flow and stream channel [Docket No. ER03–311–000] management issues associated with the Take notice that on December 20, December 30, 2002. USFS’s Final 4(e) Conditions and the 2002, Southern Company Services, Inc., Take notice that the following relicensing of the Lytle Creek Project. acting on behalf of Alabama Power settlement agreement has been filed The signatories ask the Commission to Company (APC), filed with the Federal with the Commission and is available accept the Offer of Settlement and Energy Regulatory Commission for public inspection. incorporate the terms of Appendix A to (Commission) a Notice of Cancellation a. Type of Application: Settlement the Settlement Agreement into any new of the Interconnection Agreement Agreement. license issued for the project.

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l. A copy of the settlement agreement Please include the docket number DEPARTMENT OF ENERGY is available for review at the (UL02–2–000) on any comments, Commission in the Public Reference protests, or motions to intervene filed. Federal Energy Regulatory Commission Room or may be viewed on the h. Pursuant to section 23(b)(1) of the Commission’s Web site at http:// Federal Power Act ( FPA), 16 U.S.C. [Docket No. RM98–1–000] www.ferc.gov using the ‘‘FERRIS’’ link. 817(1), a non-federal hydroelectric Enter the docket number excluding the Regulations Governing Off-the-Record project must (unless it has a still-valid last three digits in the docket number Communications; Public Notice field to access the document. For pre-1920 federal permit) be licensed if it assistance, contact FERC Online (1) Is located on a navigable water of the December 30, 2002. Support at United States; (2) occupies lands of the This constitutes notice, in accordance [email protected] or toll- United States; (3) utilizes surplus water with 18 CFR 385.2201(h), of the receipt free at 1–866–208–3676, or for TTY, or water power from a government dam; of exempt and prohibited off-the-record (202) 502–8659. A copy is also available or (4) is located on a body of water over communications. for inspection and reproduction at the which Congress has Commerce Clause Order No. 607 (64 FR 51222, address in item h above. jurisdiction, project construction September 22, 1999) requires occurred on or after August 26, 1935, Commission decisional employees, who Linwood A. Watson, Jr., and the project affects the interests of make or receive an exempt or a Deputy Secretary. interstate or foreign commerce. prohibited off-the-record [FR Doc. 03–127 Filed 1–3–03; 8:45 am] communication relevant to the merits of i. Individuals desiring to be included BILLING CODE 6717–01–P a contested on-the-record proceeding, to on the Commission’s mailing list should deliver a copy of the communication, if so indicate by writing to the Secretary written, or a summary of the substance DEPARTMENT OF ENERGY of the Commission. of any oral communication, to the j. Comments, Protests, or Motions to Secretary. Federal Energy Regulatory Intervene—Anyone may submit Prohibited communications will be Commission comments, a protest, or a motion to included in a public, non-decisional file associated with, but not part of, the intervene in accordance with the Notice of Unlicensed Project Review decisional record of the proceeding. requirements of Rules of Practice and and Soliciting Comments, Protests and Unless the Commission determines that Motions To Intervene 1 Procedure, 18 CFR 385.210, .211, .214. the prohibited communication and any In determining the appropriate action to responses thereto should become part of December 30, 2002. take, the Commission will consider all the decisional record, the prohibited off- Take notice that the following review protests, but only those who file a the-record communication will not be has been initiated by the Commission: motion to intervene in accordance with considered by the Commission in a. Review Type: Unlicensed Project. the Commission’s Rules may become a reaching its decision. Parties to a b. Docket No: UL02–2–000. party to the proceeding. Any protests or proceeding may seek the opportunity to c. Owner: Indian River Power Supply motions to intervene must be received respond to any facts or contentions LLC. on or before the specified comment date made in a prohibited off-the-record d. Name of Project: Russell/Westfield for the particular application. communication, and may request that Paper Company Dam Project. the Commission place the prohibited e. Location: The project is located on k. Filing and Service of Responsive communication and responses thereto the Westfield River, in the town of Documents—Any filings must bear in in the decisional record. The Russell, Hampden County, all capital letters the title Commission will grant such requests Massachusetts. This project does not ‘‘COMMENTS’’, ‘‘PROTEST’’, OR only when it determines that fairness so occupy federal lands or tribal lands. ‘‘MOTION TO INTERVENE’’, as requires. Any person identified below as f. FERC Contact: Any questions on applicable, and the Docket Number of having made a prohibited off-the-record this notice should be addressed to the particular review. communication should serve the Henry Ecton (202) 502–8768, or e-mail l. Agency Comments—Federal, state, document on all parties listed on the address: [email protected]. and local agencies are invited to file official service list for the applicable g. Deadline for filing comments, comments on the described review. If an proceeding in accordance with Rule protests, and/or motions to intervene: agency does not file comments within 2010, 18 CFR 385.2010. January 31, 2003. the time specified for filing comments, Exempt off-the-record All documents (original and eight it will be presumed to have no communications will be included in the copies) should be filed with: Magalie R. comments. decisional record of the proceeding, Salas, Secretary, Federal Energy unless the communication was with a Regulatory Commission, 888 First Linwood A. Watson, Jr., cooperating agency as described by 40 Street, NE., Washington DC 20426. Deputy Secretary. CFR 1501.6, made under 18 CFR Comments, protests, and interventions [FR Doc. 03–129 Filed 1–3–03; 8:45 am] 385.2201(e)(1)(v). may be filed electronically via the BILLING CODE 6717–01–P The following is a list of exempt and Internet in lieu of paper. Any questions, prohibited off-the-record please contact the Secretary’s Office. communications recently received in See 18 CFR 385.2001(a)(1)(iii) and the the Office of the Secretary. These filings instructions on the Commission’s Web are available for review at the site at http://www.ferc.gov. Commission in the Public Reference Room or may be viewed on the 1 The purpose of this notice is to gather information to determine whether the existing Commission’s Web site at http:// project meets any or all of the jurisdictional criteria www.ferc.gov using the ‘‘FERRIS’’ link. noted in paragraph (h). Enter the docket number excluding the

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last three digits in the docket number ENVIRONMENTAL PROTECTION protect designated uses and adopt these field to access the document. For AGENCY criteria into water quality standards. Assistance, please contact FERC Online [OW–FRL–7435–7] For Which New Documents Is EPA Support at Requesting Significant Scientific [email protected] or toll- Nutrient Criteria Development; Notice Information From the Public? free at (866)208–3676, or for TTY, of Ecoregional Nutrient Criteria contact (202)502–8659. EPA invites the public to provide AGENCY: Environmental Protection scientific views on three new Exempt Requester Agency (EPA). ecoregional nutrient criteria documents: [Docket No. Date Filed Presenter] ACTION: Notice of ecoregional nutrient Lakes and reservoirs in ecoregions 1 and criteria for lakes and reservoirs, and 10, and rivers and streams in ecoregion 1. RP00–241–000 11–18–02 John F. rivers and streams. 13. EPA requests significant scientific Riordan information pertaining to the derivation SUMMARY: Pursuant to section 304(a) of of the draft criteria. EPA will accept 2. RP00–241–000 12–9–02 James H. the Clean Water Act (CWA), the significant scientific information Farrell, Jr. Environmental Protection Agency (EPA) submitted to the Agency within 90 days announces two actions: (1) The 3. CP02–396–000 12–20–02 Inge S. of publication of this notice in the finalization of nine section 304(a) Terrill, M.En. Federal Register. Written significant ecoregional nutrient criteria documents 4. Project No. 2069–007 12–26–02 information to: Robert Cantilli, U.S. for lakes and reservoirs, and rivers and Steven L. Spangle. EPA, Health and Ecological Criteria streams within specific geographic Division (4304), Office of Science and 5. Project No. 2086–000 12–26–02 regions (ecoregions) of the United Technology, Ariel Rios Building, 1200 Thomas T. Taylor States; and (2) a request for significant Pennsylvania Ave., NW., Washington scientific information on three new Linwood A. Watson, Jr., DC 20460. You may also send comments section 304(a) ecoregional nutrient by e-mail to: [email protected]. Deputy Secretary. criteria documents. These documents [FR Doc. 03–128 Filed 1–3–03; 8:45 am] serve as recommendations for States, What Are the Criteria BILLING CODE 6717–01–P Territories and authorized Tribes 1 to Recommendations for These Three use as they develop nutrient criteria to Ecoregions?

AGGREGATE ECOREGIONAL (AGG. ER) CRITERIA RECOMMENDATIONS

Parameter Agg. ER I Agg. ER X Agg. ER XIII

TP µg/L ...... 55.00 60.00 15.00 TN mg/L ...... *0.66 0.57 1.44 Chl a µg/L ...... 4.88 5.47 Secchi/Turbidity** ...... 2.55 0.77 1.49 *Calculated—a value for TN was not available, so TN was calculated based on measurements of Total Kjeldahl Nitrogen (TKN), and Nitrate + Nitrite (NO2+NO3). **Secchi depth (m) is applicable to the values in Agg. ER’s I and X. Turbidity (FTU) is applicable to Agg. ER XIII.

Which Documents Are Final? Federal Register on February 28, 2002. reservoirs and rivers and streams, These documents have undergone respectively. Table 3 of each document The nine documents being finalized external peer review and have been also provides values for each of the today represent nutrient criteria reviewed by the public. subecoregion (level III) within each recommendations for lakes and Aggregate ecoregion. reservoirs in ecoregions 3, 4, 5, and 14 What Are the Nutrient Criteria and nutrient criteria recommendations Recommendations for Those for rivers and streams in ecoregions 1, Ecoregions? 4, 5, 8, and 10. EPA announced the The following tables summarize availability of these documents in the criteria recommendations for lakes and

AGGREGATE ECOREGIONAL (AGG. ER) CRITERIA RECOMMENDATIONS FOR LAKES AND RESERVOIRS

Parameter Agg. ER III Agg. ER IV Agg. ER V Agg. ER XIV

TP µg/L ...... 17.00 20.00 33.00 8.00 TN mg/L ...... 0.40 0.44 0.56 0.32 Chl a µg/L ...... 3.40 2.00 (S) 2.30 (S) 2.90 Secchi (m) ...... 2.70 2.00 1.30 4.50 Chl a—Chlorophyll a measured by Flourometric method, unless specified. S is for Spectrophotometric.

1 Throughout this document, reference to States and Hereafter, this Federal Register Notice refers to authorized Tribes is intended to include Territories. these entities as ‘‘States and authorized Tribes.’’

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AGGREGATE ECOREGIONAL (AGG. ER) CRITERIA RECOMMENDATIONS FOR RIVERS AND STREAMS

Parameter Agg. ER 1 Agg. ER IV Agg. ER V Agg. ER VIII Agg. ER X

TP µg/L ...... 47.00 23.00 67.00 10.00 *128 TN mg/L...... 0.31 0.56 0.88 0.38 0.76 Chl a µg/L ...... 1.80 2.40 3.00 0.63 2.10(S) Turb (FTU) ...... 4.25 4.21 7.83 1.30 17.50 * This number appears inordinately high and may either be a statistical anomaly or reflects a unique condition. In any case, further regional in- vestigation strongly encouraged to determine the sources, i.e., measurement error, notational error, statistical anomaly, natural enriched condi- tions, or cultural impacts (impacts from human activities). Turb = Turbidity, FTU are nephelometric turbidity units, calibrated with formazin suspension.

What were the Main Submissions of (3) Many data gaps exist in the quartile with mixed water quality Significant Scientific Information nutrient database (for example a lake samples) is also consistent with the EPA Provided by the Public? with only one reading for a parameter in policy to set levels protective of the Many of the concerns raised by the a given year). Some screening majority of waters and has been peer public about EPA’s approach for techniques should have been done so reviewed both by EPA’s SAB and developing nutrient criteria were raised that only those waterbodies were external peer reviewers of our water earlier during the development of EPA’s included for which there are sufficient body type technical guidance. Technical Guidance Manuals. At that representative data. Finally, EPA’s technical guidance time, questions were raised about EPA’s (4) The statistical approach used to manuals provide examples of alternate use of a statistical derivation of a develop the nutrient criteria is approaches to frequency distributions to reference condition. EPA continues to statistically flawed because it ignores assess reference conditions and believe these approaches are reasonable the relationship between nutrient levels determine relationships among causal for the purpose of making today’s and in-stream/in-lake effects. As a response variables. criteria recommendations. The Science result, there is no way of knowing the Model Based Approach Advisory Board (SAB) endorsed the environmental benefit or the level of The percentile-based nutrient criteria reference condition approach used by protection of designated uses gained by proposed by EPA are acceptable only as EPA. The SAB stated in its review of attaining the nutrient criteria levels set a way to initiate a model-based, ‘‘Biological Criteria: Technical Guidance forth in the documents. As a result, decision-theoretic approach to standard for Streams and Small Rivers’’ (EPA, EPA’s statistical derivation of numerical setting (as described in submission) to 1993) that ‘‘the definition of reference nutrient criteria are meaningless to real be undertaken by the effected States and condition using reference sites is world situations and are not helpful in Tribes with the assistance of EPA. appropriate when used in conjunction making watershed management EPA Response: The presumption with historical data, empirical models, decisions, TMDL allocations, or in underlying EPA’s use of a reference and expert opinion/consensus.’’ EPA’s developing Water Quality Standards for condition approach is that reference Nutrient Criteria Program later adopted nutrients at the State level. Therefore, conditions reflect conditions conducive the reference condition approach and they should be withdrawn. to the protection of most aquatic life in continues to recommend it in all of its EPA Response: The mean, median the given water body type and nutrient criteria guidance manuals. and mode are measures of central geographic region. The upper quartile of Additionally, the statistical derivation tendency commonly used in science to the reference data distribution is an approach to developing nutrient criteria represent the distribution of a accommodation to variability of the was favorably reviewed by peer population of observations. The reference condition, and the lower reviewers as well. Consequently, EPA frequency distribution approach is not quartile of a mixed sample is an effort did not change its fundamental used to establish criteria; rather it is to approach this reference condition approach to nutrient criteria used to determine one of the when insufficient a priori sites exist. development or change the documents components of a criterion, the reference Therefore, the percentiles serve as significantly beyond responding to condition. This reference condition is recommended starting points to be comments of peer reviewers. Following one element of a criterion which should further refined by in the absence of is a summary of the most significant be considered along with historical refinements that may be employed by scientific information submitted by the background information, possible model the States, authorized Tribes and public. The issues are grouped by topic, extrapolations of data, and RTAGs. and then followed by EPA’s response: consideration of possible downstream impacts on those waters by a regional Need for Site Specific Criteria Percentile Approach panel of experts (Regional Technical (1) Establishing a single nutrient (1) The criteria are based on a Assistance Group—RTAG). criterion for all waters of a statistical analysis of current nutrient Further, the scientific community geographically diverse region based on levels in the Nation’s waters rather than uses frequency distributions as a inadequate data is not an appropriate on the latest scientific knowledge and common basic interpreter of data with approach. Numeric criteria should be therefore are inconsistent with section the upper and lower quartiles as an developed at a site-specific level. 304(a) of the Clean Water Act. admittedly subjective, but traditional, (2) Regarding the chlorophyll (2) The use of the 25th percentile of approach to viewing the extent of a standard: annual cycle of circadian all data or the 75th percentile of all distribution about a central tendency. It photo-periods vary significantly from reference data as criteria by States is is not mandatory or expected that the southern Georgia to southern Maine. undocumented, not scientifically valid, reference condition so derived be Hours of daylight affect the growth of and results in meaningless numerical translated directly into a criterion. The the chlorophyll in a water body not only criteria values. selection of an upper quartile (or lower in photons activating chlorophyll but in

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water temperature. It is difficult to rationale and contain sufficient How Can I Get Copies of These understand how a single standard for parameters to protect the designated Documents? chlorophyll or Secchi depth could be set uses). You can get copies of the set of three over this geographic distance. With respect to EPA’s new criteria documents or any nutrient (3) The recommended criteria are criteria document from the U.S. lower than concentrations that may be recommendation that States and National Service Center for needed to support fisheries and may authorized Tribes adopt nutrient criteria Environmental Publications (NSCEP), result in a reduction of fish biomass. for nitrogen, EPA notes that while EPA Response: EPA is using an phosphorus is often considered the 11029 Kenwood Road, Cincinnati, OH ecoregion approach as an initial attempt limiting nutrient determining the extent 45242; (513) 489–8190 or toll free (800) to assess nutrient conditions in a broad of vegetative growth in fresh waters, 490–9198. The documents are also geographic context. The Agency nitrogen is often considered to be the available electronically at http:// encourages RTAGs, including member limiting nutrient in the lower reaches of www.epa.gov/waterscience/standards/ States and authorized Tribes, to refine estuaries and in coastal marine waters. nutrient.html. The waterbody-specific and further subdivide the initial However, there are cases where technical guidance manuals are also available from EPA’s nutrient Web site. ecoregions. If time and resources permit, phosphorus limits algal growth in EPA’s Office of Water, Office of Science States and authorized Tribes should also estuaries and nitrogen performs a and Technology prepared this consider adopting nutrient criteria that similar role in some freshwater systems. are tailored to specific sites. EPA document. Mention of trade names or While nitrogen itself will not usually commercial products does not believes that recommending nutrient cause water quality impairments in the criteria on an ecoregion basis, with the constitute endorsement or near-field in phosphorus-limited recommendation for use. use of ecoregional reference conditions, systems, if phosphorus supplies are is a reasonable alternative to reduced to attenuate symptoms of Can the Public Continue To Provide recommending a single nation-wide eutrophication within freshwater Input After the Documents Are criterion that may fail to account for Finalized? regional variability or to recommending segments of a given river system, criteria on an individual water body corresponding reductions in freshwater EPA encourages the public to provide basis, which would be very resource- algal blooms will allow the highly additional scientific information that intensive. The EPA SAB has endorsed soluble dissolved forms of nitrogen to be could help States and or authorized this region and water body-type transported downstream. This Tribes refine these recommended specificity for biological criteria, and downstream nitrogen transportation to nutrient water quality criteria. EPA nutrient criteria share a similar estuaries or costal waters may support identified specific sections within each ecological orientation. larger algal blooms resulting in water document where the public could One of the concerns expressed to EPA quality impairments. The practice of greatly assist States and authorized was that if the recommended nutrient setting criteria for only nitrogen or Tribes in the task of augmenting the criteria were met, there would not be phosphorus in a given region could database for deriving ecoregional sufficient nutrients to support fisheries. displace the responsibility for nutrient nutrient water quality criteria. For Generally, however, cultural abatement from the area of the source to example, the public can provide information about the historical eutrophication has been identified by a downstream jurisdiction. This places conditions and trends of the water States’ section 303 (d) reports as one of an undue burden on the recipient of this resources within an ecoregion related to the top national water quality problems. imported material and increases the eutrophication resulting from human Where enrichment is documented as abatement costs because source control beneficial by regional specialists, EPA activities. EPA will forward all is lost as a management option. EPA comments received on a particular recommends that nutrient criteria be suggests, therefore, that where developed to promote the removal of ecoregional criterion or set of criteria to downstream effects take place, States that amount of ambient total nitrogen the appropriate State or authorized and Tribes describe technologies or best and phosphorus in excess of optimal Tribe to help foster water quality criteria fish production as determined by management practices in their plans to refinement. consultation of the RTAG with State and begin nitrogen control. SUPPLEMENTARY INFORMATION: Federal fisheries biologists and water Grouping of Reservoirs and Lakes What Are Water Quality Criteria? resource managers. The final document should clarify Section 304(a) of the Clean Water Act Total Nitrogen Criteria whether Reservoir means impounded (CWA) requires the EPA to develop and Total Nitrogen criteria are not stream or river. If impoundments were publish and, from time to time, revise necessary and should not be required sampled with natural lakes, the 75th criteria for water quality accurately unless EPA can show site-specific percentile number may be too high as a reflecting the latest scientific reasoning for applying nitrogen criteria standard for historic conditions in knowledge. Water quality criteria to all water bodies. natural lakes. recommendations developed under EPA Response: As a threshold matter, section 304(a) are based solely on data it should be noted that EPA’s choice of EPA Response: EPA agrees that, if and scientific judgments. They do not parameters and criteria values are possible, reservoirs should not be consider economic impacts or the recommendations. The documents grouped with lakes and recommends in technological feasibility of meeting the announced today impose no the Technical Guidance Manual that, criteria in ambient water. requirements. States and authorized wherever feasible, criteria for reservoirs Tribes have considerable flexibility in and lakes should be developed What Is the Purpose of These adopting nutrient criteria, provided that separately. Using the National Nutrient Documents? the criteria meet the requirements of the Database, one can separate data by lake These documents give State and CWA and EPA’s regulations (that is, or reservoir and determine reference Tribal decision makers and others they are based on sound scientific conditions for each. information to support the development

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of numeric nutrient criteria for lakes What Is the Total Set of Ecoregional numeric nutrient criteria for estuaries and reservoirs and rivers and streams Nutrient Criteria That EPA Has and coastal marine waters. This within several different nutrient Published? document does not contain site-specific ecoregions. An ecoregion is a geographic On January 9, 2001, EPA announced numeric nutrient criteria for any estuary area with assumed relative homogeneity the availability of ecoregional nutrient or coastal marine water. This guidance of ecological characteristics. EPA’s criteria documents for lakes and was developed to help States and Tribes section 304(a) criteria recommendations reservoirs in eight ecoregions, for rivers establish nutrient criteria. States and for phosphorous, total nitrogen, and streams in eight ecoregions (several Tribes are in the best position to chlorophyll a and some form of water of which overlap with the eight consider site-specific conditions in clarity, i.e. Secchi depth or turbidity ecoregions for lakes and reservoirs), and developing nutrient criteria. While this represent reference conditions of surface for wetlands in one ecoregion. Those guidance contains EPA’s scientific waters that are minimally affected by ecoregions were chosen based on the recommendations regarding defensible human activities and provide for the availability of nutrient data within each approaches for developing regional protection and propagation of aquatic ecoregion. On February 28, 2002, EPA nutrient criteria, this guidance is not life and recreation. announced the availability of nine regulation. Thus it does not impose ecoregional nutrient criteria documents legally binding requirements on EPA, These recommendations do not for lakes and reservoirs, and rivers and States, Territories, Tribes, or the public. substitute for the CWA or EPA’s streams. Today, EPA announces the States, Territories, and authorized regulations; nor are the documents availability of three additional Tribes retain the discretion to adopt, themselves regulations. Thus, they ecoregional nutrient criteria documents where appropriate, other scientifically cannot impose legally binding for lakes and reservoirs, and rivers and defensible approaches to developing requirements on EPA, States, Indian streams. This brings the total number of regional or local nutrient criteria that tribes or the regulated community. ecoregional nutrient criteria documents differ from these recommendations. Indeed, there may be other approaches to 29 and results in nutrient criteria We are issuing this technical guidance that would be appropriate in particular covering almost 100% of the freshwater in a manner similar to that used to issue situations or circumstances. When EPA waterbodies of the U.S. (excluding new and revised criteria (see Federal reviews a new or revised nutrient water wetlands). Register, December 10, 1998, 63 FR quality criterion submitted by a State or EPA also provided guidance on 68354 and in the EPA document titled, authorized Tribe under CWA section development and adoption of nutrient National Recommended Water 303(c), EPA will decide to approve or criteria into water quality standards. Quality—Correction EPA 822–Z–99– disapprove that submission on a case- More recently, on November 14, 2001, 001, April 1999). EPA notified the by-case basis and will be guided by the Geoffrey H. Grubbs, Director of the public about the availability of the draft applicable requirements of the Clean Office of Science and Technology, in guidance manual and peer review on Water Act and implementing EPA’s Office of Water provided this October 10, 2001 (66 FR 51665). At that regulations, taking into account guidance to EPA, and State and time, the Agency solicited views from comments and information presented at Interstate Water Program Directors. This the public on issues of science that time by interested persons memorandum can be viewed pertaining to the information contained electronically at: http://www.epa.gov/ regarding the appropriateness of in the draft technical guidance manual. waterscience/standards/nutrient.html. applying these recommendations to the EPA considered the scientific views particular situation. Dated: December 20, 2002. from the peer reviewers and the public Geoffrey H. Grubbs, and has revised the document Why Does EPA Develop Ecoregional Director, Office of Science and Technology. accordingly. The completed document Nutrient Criteria? [FR Doc. 03–176 Filed 1–3–03; 8:45 am] is now available. States and authorized Tribes BILLING CODE 6560–50–U ADDRESSES: You can get copies of the consistently identify excessive levels of completed document entitled ‘‘Nutrient nutrients as a major reason why as Criteria Technical Guidance Manual: ENVIRONMENTAL PROTECTION Estuarine and Coastal Waters’’ from much as half of the surface waters AGENCY surveyed in this country do not meet EPA’s National Service Center for water quality objectives, such as full [OW–FRL–7435–8] Environmental Publications (NSCEP) by support of aquatic life. In 2000, EPA phone at (513) 489–8190 or toll free Nutrient Criteria Development; Notice (800) 490–9198 or by e-mail to: published nutrient criteria technical of Nutrient Criteria Technical Guidance [email protected], or by conventional guidance manuals for lakes and Manual: Estuarine and Coastal Marine mail to NSCEP, 11029 Kenwood Road, reservoirs and for rivers and streams. In Waters Cincinnati, OH 45242. The document is 2001, EPA published a draft guidance also available electronically at http:// AGENCY: Environmental Protection manual for estuarine and coastal marine www.epa.gov/OST/standards/ Agency (EPA). waters. These manuals provide nutrient.html. techniques for assessing nutrient ACTION: Notice of final Nutrient Criteria conditions as well as methods for Technical Guidance Manual: Estuarine FOR FURTHER INFORMATION CONTACT: Dr. developing nutrient criteria for specific and Coastal Marine Waters. David Flemer, USEPA, Health and water body types. These and related Ecological Criteria Division (4304T), SUMMARY: The Environmental Protection Office of Science and Technology, Ariel documents are also available from EPA’s Agency announces the availability of a Rios Building, 1200 Pennsylvania Ave., nutrient Web site: http://www.epa.gov/ final nutrient criteria technical guidance NW., Washington, DC 20460; or call waterscience/standards/nutrient.html. manual for estuaries and coastal marine (202) 566–1101; fax (202) 566–1139; or EPA is developing a guidance manual waters. This document gives State and e-mail [email protected]. for wetlands. Tribal water quality managers and others guidance on how to develop SUPPLEMENTARY INFORMATION:

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What Are Nutrient Criteria Technical How Did EPA Involve the Public in coastal waters). The manual also places Guidance Manuals? Revising the Estuarine Coastal greater emphasis on historical Nutrient Criteria Technical Guidance Guidance Manual? information because the reference Manuals are documents that give States In following the Agency’s process for condition of estuaries may be degraded, and Tribes information to help develop developing criteria and other guidance, and estuaries, in particular, can seldom water quality criteria and standards for EPA notified the public of the be classified by using a frequency nutrients, identify water quality availability of the peer reviewed draft of distribution. impairments, and evaluate their success the Estuarine Coastal Nutrient Criteria Several scientific views stated that the in reducing cultural eutrophication. technical Guidance Manual on October nutrient criteria that might be derived They are intended to provide a series of 10, 2001 (66 FR 51665). EPA asked for using the guidance manual do not steps leading to the development of views from the public on issues of support specific designated uses. It is nutrient criteria for a specific waterbody science pertaining to information true that the potential criteria derived type. contained in the guidance manual. EPA may not be specific to a designated use. EPA began to implement a National considered the scientific views from the Rather, because they are reference Strategy to Develop Regional Nutrient peer review and the public to revise the condition-based, they should support Criteria in 1998 to address enrichment document. the broad array of aquatic life uses in problems. The Nutrient Criteria accordance with the Clean Water Act. Technical Guidance Manual: Lakes and Is the Completed Document Different As stated in the final guidance manual, Reservoirs, First Edition (EPA–822– Than the Draft Document? the criteria derived using the manual are B00–001) was the first of a series of In addressing the peer reviewers’ intended as benchmarks for comparison waterbody-type specific manuals comments and submissions of when a State or Tribe prepares their produced to help States, and Tribes significant scientific information from own criteria based on specific uses. establish ecoregionally appropriate the public, EPA made revisions to the An additional public viewpoint nutrient criteria. EPA also developed a draft document. Many of the indicated that nutrient criteria as manual for rivers and streams (Nutrient submissions from the public were also developed by EPA are unnecessary Criteria Technical Guidance Manual: presented by the peer reviewers, and because States already have criteria Rivers and Streams—EPA–822–B–00– these were addressed in the final identifying conditions associated with 002, and is developing a manual for document. To review the complete set eutrophication, such as dissolved wetlands. In addition to these of peer review comments and scientific oxygen, pH, and turbidity. States have waterbody-type specific manuals, EPA views provided by the public, together used response variables such as is developing nutrient criteria guidance with EPA’s responses, go to http:// dissolved oxygen, pH, and turbidity to under section 304(a) for each of the 14 epa.gov/waterscience/standards/ reveal nutrient problems in their waters, ecoregions it identified in the nutrient.html. but the root cause of eutrophication, as continental United States. EPA expects A number of peer review comments demonstrated by excess primary States and Tribes to use the manuals, and scientific views presented by the productivity, is typically nitrogen and other information and local expertise to public questioned the use of a frequency phosphorus. For more effective refine EPA’s 304(a) nutrient criteria distribution approach to develop a prevention, it is important to measure guidance so that their nutrient water reference condition. The manual was the level and extent of the causal agents. quality criteria are tailored to local rewritten to offer several methods for The criteria are based directly on these conditions. To help States and Tribes, to developing reference conditions, primary causal elements of total verify section 304(a) nutrient criteria including several that do not use a nitrogen and phosphorus plus two early guidance, and to provide national frequency distribution. In addition, the response variables. These are algal consistency wherever possible, EPA manual is now more clear on biomass (e.g., chlorophyll-a for established Regional Technical distinguishing reference condition from microalgae, dry mass for macroalgae) Assistance Groups (RTAGs). RTAGs are criteria. Reference condition is one and water clarity, which most often a collection of EPA, State, Tribal element of criteria derivation that indicate the early vegetative response to representatives who work together to RTAGs should consider with historical nutrient enrichment. Because many develop more refined ecoregional background information, possible model estuaries experience or may experience nutrient criteria, using the forthcoming extrapolations of data, and possible hypoxia, dissolved oxygen was added as section 304(a) guidance as a starting downstream impacts. an additional response variable. point. (EPA is also using data and Another submission questioned the Dated: December 20, 2002. expertise provided by the RTAGs to utility of EPA’s approach in developing Geoffrey H. Grubbs, develop its section 304(a) nutrient estuarine/coastal criteria, since many Director, Office of Science and Technology. criteria guidance for the 14 ecoregions it reference conditions no longer exist. [FR Doc. 03–175 Filed 1–3–03; 8:45 am] identified.) EPA expects the RTAGs to EPA added language to the guidance use the processes described in the acknowledging that pre-Columbian, BILLING CODE 6560–50–P waterbody-type specific manuals to pristine conditions are rare and that the develop recommended nutrient criteria goal of the nutrient criteria setting on an ecoregional or more refined basis process is to strive for a reference FARM CREDIT ADMINISTRATION (such as subecoregion, coastal province, condition value and criteria that State or Tribe-level more defined class represent the most natural condition Sunshine Act Meeting of estuary/coastal marine water). possible (as measured from sites having Today’s manual for estuarine and the least amount of human influence). AGENCY: Farm Credit Administration. coastal marine waters also explains how Since extensive degradation of estuaries SUMMARY: Notice is hereby given, States or Tribes can adopt nutrient systems has been reported, the guidance pursuant to the Government in the water quality standards based on the manual describes four options for Sunshine Act (5 U.S.C. 552b(e)(3)), of criteria values recommended by the establishing reference conditions in the special meeting of the Farm Credit EPA and/or RTAGs. estuaries (one option is presented for Administration Board (Board).

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DATE AND TIME: The special meeting of a collection of information subject to the OMB Control No.: 3060–0835. the Board will be held at the offices of Paperwork Reduction Act (PRA) that Title: Ship Inspections. the Farm Credit Administration in does not display a valid control number. Form Nos.: FCC Forms 806, 824, 827, McLean, Virginia, on January 7, 2003, Comments are requested concerning (a) and 829. from 9 a.m. until such time as the Board whether the proposed collection of Type of Review: Revision of a concludes its business. information is necessary for the proper currently approved collection. Respondents: Business or other for- FOR FURTHER INFORMATION CONTACT: performance of the functions of the Jeanette C. Brinkley, Acting Secretary to Commission, including whether the profit, not-for-profit institutions, state, the Farm Credit Administration Board, information shall have practical utility; local or tribal government. (b) the accuracy of the Commission’s Number of Respondents: 1,210. (703) 883–4009, TTY (703) 883–4056. Estimated Time Per Response: .084–4 ADDRESSES: Farm Credit burden estimate; (c) ways to enhance the quality, utility, and clarity of the hours. Administration, 1501 Farm Credit Drive, Frequency of Response: On occasion, McLean, Virginia 22102–5090. information collected; and (d) ways to minimize the burden of the collection of annual and every five year reporting SUPPLEMENTARY INFORMATION: This information on the respondents, requirements, third party disclosure meeting of the Board will be open to the including the use of automated requirement, and recordkeeping public (limited space available). In order collection techniques or other forms of requirement. to increase the accessibility to Board Total Annual Burden: 5,245 hours. information technology. meetings, persons requiring assistance Total Annual Cost: N/A. DATES: should make arrangements in advance. Written comments should be Needs and Uses: The The matters to be considered at the submitted on or before February 5, 2003. Communications Act requires the meeting are: If you anticipate that you will be Commission to inspect the radio submitting comments, but find it installations of large cargo ships and Open Session difficult to do so within the period of certain passenger ships at least once a time allowed by this notice, you should A. Approval of Minutes year to ensure that the radio installation advise the contact listed below as soon —December 20, 2002 (Open) is in compliance with the requirements as possible. of the Act. Additionally, the B. Reports ADDRESSES: Direct all comments to Communications Act requires the Judith Boley Herman, Federal —Corporate Approvals inspection of small passenger ships at —Risk Analysis Report—Fourth Quarter Communications Commission, Room 1– least once every five years. The C804, 445 12th Street, SW., DC 20554 or Fiscal Year 2002 Commission allows FCC-licensed —Basel II and Capital Initiatives via the Internet to [email protected]. technicians to conduct these FOR FURTHER INFORMATION CONTACT: For inspections. C. New Business—Other additional information or copies of the Federal Communications Commission. —Federal Register Notice—Draft information collection(s), contact Judith Marlene H. Dortch, Amended and Restated Market Access Boley Herman at 202–418–0214 or via Agreement the Internet at [email protected]. Secretary. —Federal Register Notice—Loan SUPPLEMENTARY INFORMATION: [FR Doc. 03–161 Filed 1–3–03; 8:45 am] Syndications OMB Control No.: 3060–0715. BILLING CODE 6712–01–P Dated: January 2, 2003. Title: Telecommunications Carriers’ Use of Customer Proprietary Network Jeanette C. Brinkley, Information (CPNI) and Other Customer FEDERAL COMMUNICATIONS Acting Secretary, Farm Credit Administration Information, CC Docket No. 96–115. COMMISSION Board. Form Nos.: N/A. [FR Doc. 03–293 Filed 1–2–03; 2:09 pm] Type of Review: Revision of a Notice of Public Information BILLING CODE 6705–01–P 1 currently approved collection. Collection(s) being Reviewed by the Respondents: Business or other for- Federal Communications Commission profit. December 20, 2002. FEDERAL COMMUNICATIONS Number of Respondents: 4,832. SUMMARY: The Federal Communications COMMISSION Estimated Time Per Response: .50– 100 hours. Commission, as part of its continuing Notice of Public Information Frequency of Response: On occasion, effort to reduce paperwork burden Collection(s) Being Reviewed by the annual, biennial, and one-time reporting invites the general public and other Federal Communications Commission requirements, third party disclosure Federal agencies to take this requirement, recordkeeping opportunity to comment on the December 27, 2002. requirement. following information collection(s), as SUMMARY: The Federal Communications Total Annual Burden: 672,808 hours. required by the Paperwork Reduction Commission, as part of its continuing Total Annual Cost: $229,520,000. Act of 1995, Public Law 104–13. An effort to reduce paperwork burden Needs and Uses: The requirements agency may not conduct or sponsor a invites the general public and other implement the statutory obligations of collection of information unless it Federal agencies to take this section 222 of the Telecommunications displays a currently valid control opportunity to comment on the Act of 1996. Among other things, number. No person shall be subject to following information collection(s), as carriers are permitted to use, disclose, or any penalty for failing to comply with required by the Paperwork Reduction permit access to CPNI, without a collection of information subject to the Act of 1995, Public Law 104–13. An customer approval, under certain Paperwork Reduction Act (PRA) that agency may not conduct or sponsor a conditions. Many uses of CPNI require does not display a valid control number. collection of information unless it either opt-in or opt-out customer Comments are requested concerning (a) displays a currently valid control approval, depending upon the entity whether the proposed collection of number. No person shall be subject to using the CPNI and the purpose for information is necessary for the proper any penalty for failing to comply with which it is used. performance of the functions of the

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Commission, including whether the Satellite Earth Stations in the Ka-band, they intend to time charter and operate information shall have practical utility; and the Allocation of Additional in the trade between the U.S. East and (b) the accuracy of the Commission’s Spectrum for Broadcast Satellite-Service Gulf Coasts from Eastport, Maine, to burden estimate; (c) ways to enhance Use. Brownsville, Texas, and countries the quality, utility, and clarity of the Form Nos.: N/A. bordering the Mediterranean and Black information collected; and (d) ways to Type of Review: Revision of a Seas plus Portugal and the Atlantic minimize the burden of the collection of currently approved collection. coast of Morocco. Initially, CMA CGM information on the respondents, Respondents: Business or other for- will provide one vessel, and CNAN will including the use of automated profit. provide two vessels. The parties are also collection techniques or other forms of Number of Respondents: 5 authorized to place containers on these information technology. respondents; 590 responses. vessels on a space available basis. DATES: Written comments should be Estimated Time Per Response: 1–4 Regarding the bulk cargoes, the parties submitted on or before February 5, 2003. hours. will be pooling revenue, whereby the If you anticipate that you will be Frequency of Response: On occasion, total freight revenues less the variable submitting comments, but find it annual and other reporting costs will be apportioned between the difficult to do so within the period of requirements, third party disclosure parties based on the number of vessels time allowed by this notice, you should requirement. each party contributes. Finally, the advise the contact listed below as soon Total Annual Burden: 590 hours. parties are authorized to discuss rates as possible. Total Annual Cost: $51,000. and conditions in the trade and service ADDRESSES: Direct all comments to Needs and Uses: The Federal contracts. Judith Boley Herman, Federal Communications Commission (FCC) Agreement No.: 201075–003. Title: Port of Oakland and Maersk Communications Commission, Room 1– adopted rules that redesignated portions Pacific, Ltd. C804, 445 12th Street, SW., Washington, of the 17.7–20.2 GHz band (18 GHz Parties: City of Oakland, Maersk DC 20554 or via the Internet to band) among the various currently Pacific, Ltd. [email protected]. allocated services to make more efficient use of this spectrum and to better Synopsis: This amendment authorizes FOR FURTHER INFORMATION CONTACT: For accommodate the operational needs of Maersk Pacific to operate transtainers additional information or copies of the licensees. On 1/31/02, the FCC adopted for cargo container movement purposes information collection(s), contact Judith a Notice of Proposed Rulemaking within a specifically delineated area of Boley Herman at 202–418–0214 or via (NPRM), in IB Docket No. 02–19, that the Premises without regard to the load the Internet at [email protected]. requires licensees to amend their limits contained in section 3.7 of the SUPPLEMENTARY INFORMATION: applications, submit milestone agreement. OMB Control No.: 3060–0690. certifications and annual reports to the Dated: December 30, 2002. Title: Rules Regarding the 37.0–38.6 Commission to comply with new rules. By Order of the Federal Maritime GHz and 38.6–40.0 GHz Bands. Federal Communications Commission. Commission. Form Nos.: FCC Forms 415 and 415– Marlene H. Dortch, Theodore A. Zook, T. Secretary. Assistant Secretary. Type of Review: Extension of a [FR Doc. 03–134 Filed 1–3–03; 8:45 am] currently approved collection. [FR Doc. 03–162 Filed 1–3–03; 8:45 am] Respondents: Business or other for- BILLING CODE 6712–01–P BILLING CODE 6730–01–P profit. Number of Respondents: 5,000. Estimated Time Per Response: .50–20 FEDERAL MARITIME COMMISSION DEPARTMENT OF HEALTH AND hours. HUMAN SERVICES Notice of Agreement(s) Filed Frequency of Response: On occasion Centers for Disease Control and reporting requirement, third party The Commission hereby gives notice Prevention disclosure requirement. of the filing of the following Total Annual Burden: 75,625 hours. agreement(s) under the Shipping Act of [60 Day–03–32] Total Annual Cost: $5,000,000. 1984. Interested parties can review or Proposed Data Collections Submitted Needs and Uses: The collection of obtain copies of agreements at the information is necessary because of the for Public Comment and Washington, DC offices of the Recommendations Commission’s Rules regarding the 37.0– Commission, 800 North Capitol Street, 38.6 GHz and 38.6–40.0 GHz bands. The NW, Room 940. Interested parties may In compliance with the requirement rules implement the use of a channeling submit comments on an agreement to of section 3506(c)(2)(A) of the plan, and licensing and technical rules the Secretary, Federal Maritime Paperwork Reduction Act of 1995 for to fixed point-to-point microwave Commission, Washington, DC 20573, opportunity for public comment on operation in the 37 and 39 GHz bands. within 10 days of the date this notice proposed data collection projects, the This requirement will facilitate appears in the Federal Register. Centers for Disease Control and provision of communications Agreement No.: 011835. Prevention (CDC) will publish periodic infrastructure for commercial and Title: CMA CGM/CNAN Space summaries of proposed projects. To private mobile radio operations and Charter, Pooling and Cooperative request more information on the competitive wireless local telephone Working Agreement. proposed projects or to obtain a copy of service. Without this information, the Parties: CMA CGM, Societe Nationale the data collection plans and Commission would not be able to carry de Transports Maritimes (‘‘CNAN’’). instruments, call the CDC Reports out its statutory responsibilities. Synopsis: The agreement authorizes Clearance Officer on (404)498–1210. OMB Control No.: 3060–0692. the parties to exchange space on a first- Comments are invited on: (a) Whether Title: Redesignation of the 18 GHz come, first-served, space available basis the proposed collection of information Frequency Band, Blanket Licensing of for carriage of bulk cargoes on vessels is necessary for the proper performance

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of the functions of the agency, including comments should be received within 60 experts in the fields of psychology and whether the information shall have days of this notice. sociology. The study will include practical utility; (b) the accuracy of the Proposed Project: The Role of Power psychological assessments of agency’s estimate of the burden of the and Control in Intimate Partner attachment, depression, anger, and proposed collection of information; (c) Violence—New—The National Center sociological assessments of peer support ways to enhance the quality, utility, and for Injury Prevention and Control for violence, attitudes toward violence, clarity of the information to be (NCIPC), Centers for Disease Control and attitudes toward sex roles. collected; and (d) ways to minimize the and Prevention (CDC), plans to draw a sample of individuals convicted of The data will be collected to further burden of the collection of information battering in the Dallas County Domestic understand the psychological and on respondents, including through the Violence Court, and a sample of men sociological correlates of battering (e.g., use of automated collection techniques living in Dallas County. The study male battering of female partners), or other forms of information participants, which will include two which will, in turn, assist in developing technology. Send comments to Seleda samples of men, will be asked to models for intervention programs. Perryman , CDC Assistant Reports complete a survey that will utilize The only cost to the respondents is Clearance Officer, 1600 Clifton Road, information collection instruments and the time involved to complete the MS–D24, Atlanta, GA 30333. Written methods developed and tested by survey.

Average Number of Number of Burden/ Total burden Respondents respondents responses/ response (in hours) respondent (in hours)

Men convicted of battering in Dallas County & sampling of men in Dallas County ...... 400 1 60/60 400

Total ...... 400 1 60/60 400

Dated: December 30, 2002. Chapter 35). To request a copy of these Mycobacterium avium Complex Nancy E. Cheal, requests, call the CDC Reports Clearance Disease, plague, Q Fever, Reye Acting Associate Director for Policy, Planning Officer at (404) 498–1210. Send written Syndrome, tick-borne Rickettsial and Evaluation, Centers for Disease Control comments to CDC, Desk Officer, Human Disease, toxic shock syndrome, and Prevention. Resources and Housing Branch, New toxocariasis, trichinosis, typhoid fever, [FR Doc. 03–143 Filed 1–3–03; 8:45 am] Executive Office Building, Room 10235, and viral hepatitis. Case report forms BILLING CODE 4163–18–P Washington, DC 20503. Written enable CDC to collect demographic, comments should be received within 30 clinical, and laboratory characteristics days of this notice. of cases of these diseases. This DEPARTMENT OF HEALTH AND Proposed Project: National Disease information is used to direct HUMAN SERVICES Surveillance Program—I. Case Reports epidemiologic investigations, to identify (0920–0009)—Extension—National and monitor trends in reemerging Centers for Disease Control and Center for Infectious Disease (NCID), infectious diseases or emerging modes Prevention Centers for Disease Control and of transmission, to search for possible Prevention (CDC). Formal surveillance causes or sources of the diseases, and to [30DAY–16–03] of 20 separate reportable diseases has develop guidelines for the prevention of Agency Forms Undergoing Paperwork been ongoing to meet the public treatment. It is also used to recommend Reduction Act Review demand and scientific interest for target areas in most need of vaccinations accurate, consistent, epidemiologic data. for certain diseases and to determine The Centers for Disease Control and These ongoing diseases include: development of drug resistance. Prevention (CDC) publishes a list of bacterial meningitis and bacteremia, Because of the distinct nature of each information collection requests under dengue, hantavirus, HIV/AIDS, of the diseases, the number of cases review by the Office of Management and Idiopathic CD4+T-lymphocytopenia, reported annually is different for each. Budget (OMB) in compliance with the Kawasaki syndrome, Legionellosis, The total estimated annualized burden Paperwork Reduction Act (44 U.S.C. leprosy, lyme disease, malaria, is 34,097 hours.

Average Number of Number of burden/ Respondents respondents responses/re- respondent spondent (in hours)

Health Care Workers ...... 55 111.10 5.58

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Dated: December 30, 2002. Control and Prevention (CDC) notices pertaining to announcements of Nancy E. Cheal, announces the following Federal meetings and other committee Acting Associate Director for Policy, Planning advisory committee conference call management activities for both the CDC and Evaluation, Centers for Disease Control meeting. and ATSDR. and Prevention. Name: National Task Force on Fetal Dated: December 30, 2002. [FR Doc. 03–147 Filed 1–3–03; 8:45 am] Alcohol Syndrome and Fetal Alcohol Joseph E. Salter, BILLING CODE 4163–18–P Effect (NTFFASFAE). Acting Director, Management Analysis and Time and Date: 1 p.m.–4 p.m., Services Office, Centers for Disease Control January 23, 2003. and Prevention (CDC). DEPARTMENT OF HEALTH AND Place: The conference call will [FR Doc. 03–142 Filed 1–3–03; 8:45 am] HUMAN SERVICES originate at the National Center on Birth BILLING CODE 4163–18–P Defects and Developmental Disabilities Centers for Disease Control and (NCBDDD), in Atlanta, Georgia. Please Prevention (CDC) see SUPPLEMENTARY INFORMATION for DEPARTMENT OF HOUSING AND details on accessing the conference call. CDC/HRSA Advisory Committee on URBAN DEVELOPMENT HIV and STD Prevention and Status: Open to the public, limited Treatment: Notice of Charter only by the availability of telephone [Docket No. FR–4734–N–79] Establishment ports. Purpose: The Secretary is authorized Notice of Submission of Proposed This gives notice under the Federal by the Public Health Service Act, Information Collection to OMB: Advisory Committee Act (Pub. L. 92– Section 399G, (42 U.S.C. Section 280f, Request for Proposals—Contract 463) of October 6, 1972, that the CDC, as added by Pub. L. 105–392) to Administrators for Project Based HRSA Advisory Committee on HIV and establish a National Task Force on Fetal Section 8 Housing Assistance STD Prevention and Treatment of the Alcohol Syndrome and Fetal Alcohol Payments (HAP) Contracts Centers for Disease Control and Effect to: (1) Foster coordination among Prevention, and the Health Resources AGENCY: Office of the Chief Information all governmental agencies, academic Officer, HUD. and Services Administration of the bodies and community groups that ACTION: Department of Health and Human conduct or support Fetal Alcohol Notice. Services, has been Chartered for a 2-year Syndrome (FAS) and Fetal Alcohol SUMMARY: The proposed information period beginning November 25, 2002, Effect (FAE) research, programs and collection requirement described below through November 25, 2004. surveillance; and (2) to otherwise meet For further information, contact Ron has been submitted to the Office of the general needs of populations Management and Budget (OMB) for Valdiserri, M.D., Executive Secretary, actually or potentially impacted by FAS CDC, Advisory Committee on HIV and review, as required by the Paperwork and FAE. Reduction Act. The Department is STD Prevention, 1600 Clifton Road, NE, Matters To Be Discussed: The Task m/s E–07, Atlanta, Georgia 30333. soliciting public comments on the Force will convene by conference call subject proposal. Telephone 404/639–8002, or fax 404/ to: (1) Discuss and deliberate a request DATES: Comments Due Date: February 5, 639–8600. to endorse recommendations on FAS The Director, Management Analysis 2003. prevention by the Teratology Society; and Services Office, has been delegated (2) further discuss activities proposed ADDRESSES: Interested persons are the authority to sign Federal Register by the Center for Science in the Public invited to submit comments regarding notices pertaining to announcements of Interest on issues regarding the labeling this proposal. Comments should refer to meetings and other committee of alcohol beverages by the Bureau of the proposal by name and/or OMB management activities, for both the Alcohol, Tobacco, and Firearms; and (3) approval number (2502–0528) and Centers for Disease Control and discuss progress on a letter to the should be sent to: Lauren Wittenberg, Prevention and the Agency for Toxic Surgeon General’s Office requesting that OMB Desk Officer, Office of Substances and Disease Registry. he reissue the Federal Advisory against Management and Budget, Room 10235, Dated: December 20, 2002. drinking during pregnancy. Agenda New Executive Office Building, Alvin Hall, items are subject to change as priorities Washington, DC 20503; Fax number Director, Management Analysis and Services dictate. (202) 395–6974; e-mail [email protected]. Office, Centers for Disease Control and SUPPLEMENTARY INFORMATION: This Prevention. conference call is scheduled to begin at FOR FURTHER INFORMATION CONTACT: [FR Doc. 03–170 Filed 1–3–03; 8:45 am] 1 p.m., Eastern Standard Time. To Wayne Eddins, Reports Management BILLING CODE 4163–18–P participate in the conference call, please Officer, AYO, Department of Housing dial 1–800–713–1971 and enter and Urban Development, 451 Seventh conference code 908417. You will then Street, Southwest, Washington, DC DEPARTMENT OF HEALTH AND be automatically connected to the call. 20410; e-mail [email protected]; HUMAN SERVICES Contact Person for More Information: telephone (202) 708–2374. This is not a Centers for Disease Control and R. Louise Floyd, DSN, RN, Designated toll-free number. Copies of the proposed Prevention Federal Official, National Center on forms and other available documents Birth Defects and Developmental submitted to OMB may be obtained National Task Force on Fetal Alcohol Disabilities, CDC, 4700 Buford Highway, from Mr. Eddins. Syndrome and Fetal Alcohol Effect: NE, (F–49), Atlanta, Georgia 30333, SUPPLEMENTARY INFORMATION: The Conference Call Meeting telephone 770/488–7372, fax 770/488– Department has submitted the proposal 7361. for the collection of information, as In accordance with section 10(a)(2) of The Director, Management Analysis described below, to OMB for review, as the Federal Advisory Committee Act and Services Office, has been delegated required by the Paperwork Reduction (Pub. L. 92–463), the Centers for Disease the authority to sign Federal Register Act (44 U.S.C. Chapter 35). The Notice

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lists the following information: (1) The response, and hours of response; (9) Form Numbers: None. title of the information collection whether the proposal is new, an Description of the Need for the proposal; (2) the office of the agency to extension, reinstatement, or revision of Information and its Proposed Use: The collect the information; (3) the OMB an information collection requirement; requested information is needed for approval number, if applicable; (4) the and (10) the name and telephone HUD’s selection of contract description of the need for the number of an agency official familiar administrators to provide contract information and its proposed use; (5) with the proposal and of the OMB Desk administration services for project based the agency form number, if applicable; Officer for the Department. Section 8 Housing Assistance Payments (6) what members of the public will be This Notice also lists the following (HAPS) contracts currently being affected by the proposal; (7) how information: administered directly by HUD. frequently information submissions will Title of Proposal: Request for Respondents: Business or other for- be required; (8) an estimate of the total Proposals—Contract Administrators for profit, State, Local or Tribal number of hours needed to prepare the Project Based Section 8 Housing Government. information submission including Assistance Payments (HAP) Contracts. Frequency of Submission: On number of respondents, frequency of OMB Approval Number: 2502–0528. occasion, Monthly.

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

Reporting Burden ...... 63 10 5.6 3,540

Total Estimated Burden Hours: 3,540. approval number (2577–0232) and whether the proposal is new, an Status: Extension of a currently should be sent to: Lauren Wittenberg, extension, reinstatement, or revision of approved collection. OMB Desk Officer, Office of an information collection requirement; Authority: Section 3507 of the Paperwork Management and Budget, Room 10235, and (10) the name and telephone Reduction Act of 1995, 44 U.S.C. 35, as New Executive Office Building, number of an agency official familiar amended. Washington, DC 20503; Fax number with the proposal and of the OMB Desk Dated: December 27, 2002. (202) 395–6974; E-mail Officer for the Department. [email protected]. Wayne Eddins, This Notice also lists the following Departmental Reports Management Officer, FOR FURTHER INFORMATION CONTACT: information: Office of the Chief Information Officer. Wayne Eddins, Reports Management Title of Proposal: Screening and [FR Doc. 03–188 Filed 1–3–03; 8:45 am] Officer, AYO, Department of Housing Eviction for Drug Abuse and Other BILLING CODE 4210–72–P and Urban Development, 451 Seventh Criminal Activity Assisted Units. Street, Southwest, Washington, DC OMB Approval Number: 2577–0232. 20410; e-mail [email protected]; Form Numbers: None. DEPARTMENT OF HOUSING AND telephone (202) 708–2374. This is not a Description of the Need for the URBAN DEVELOPMENT toll-free number. Copies of the proposed forms and other available documents Information and its Proposed Use: This [Docket No. FR–4734–N–80] submitted to OMB may be obtained collection of information implements from Mr. Eddins. statute. This collection of information Notice of Submission of Proposed implements statute giving Public Information Collection to OMB: SUPPLEMENTARY INFORMATION: The Department has submitted the proposal Housing Agencies (PHAs) the tools for Screening and Eviction for Drug Abuse adopting and implementing fair, and Other Criminal Activity for the collection of information, as described below, to OMB for review, as effective, and comprehensive policies AGENCY: Office of the Chief Information required by the Paperwork Reduction for screening out applicants who engage Officer, HUD. Act (44 U.S.C. Chapter 35). The Notice in illegal drug use or other criminal activity and for evicting or terminating ACTION: Notice. lists the following information: (1) The title of the information collection assistance of persons who engage in SUMMARY: The proposed information proposal; (2) the office of the agency to such activity. A PHA that administers a collection requirement described below collect the information; (3) the OMB Section 8 or public housing program has been submitted to the Office of approval number, if applicable; (4) the under an Annual Contributions Contract Management and Budget (OMB) for description of the need for the (ACC) with HUD may request criminal review, as required by the Paperwork information and its proposed use; (5) conviction records from any law Reduction Act. The Department is the agency form number, if applicable; enforcement agency concerning an adult soliciting public comments on the (6) what members of the public will be member of a household applying for subject proposal. affected by the proposal; (7) how admission to a public housing or DATES: Comments Due Date: February 5, frequently information submissions will Section 8 program. 2003. be required; (8) an estimate of the total Respondents: State and Local ADDRESSES: Interested persons are number of hours needed to prepare the Governments (Public Housing invited to submit comments regarding information submission including Agencies). this proposal. Comments should refer to number of respondents, frequency of Frequency of Submission: On the proposal by name and/or OMB response, and hours of response; (9) occasion of application for admission.

Number of Annual Hours per respondents responses x response = Burden Hours

Reporting Burden ...... 8,600 8,600 1.3 10,850

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Total Estimated Burden Hours: (3) Enhance the quality, utility, and Dated: December 31, 2002. 41,385. clarity of the information to be Brenda Dyer, Status: Extension, without change. collected; and Deputy Clearance Officer, United States Authority: Section 3507 of the Paperwork (4) Minimize the burden of the Department of Justice. Reduction Act of 1995, 44 U.S.C. 35, as collection of information on those who [FR Doc. 03–197 Filed 1–3–03; 8:45 am] amended. are to respond, including through the BILLING CODE 4410–AT–M Dated: December 27, 2002. use of appropriate automated, Wayne Eddins, electronic, mechanical, or other Departmental Reports Management Officer, technological collection techniques or DEPARTMENT OF LABOR Office of the Chief Information Officer. other forms of information technology, Employment and Training [FR Doc. 03–189 Filed 1–3–03; 8:45 am] e.g., permitting electronic submission of Administration BILLING CODE 4210–72–P responses. [SGA/DFA 03–100] Overview of this information collection: DEPARTMENT OF JUSTICE H–1B Technical Skills Training Grants (1) Type of Information Collection: AGENCY: Employment and Training Office of Community Oriented Policing Extension of a Currently Approved Administration, Labor. Services (COPS) Collection. ACTION: Notice of procedures for grant (2) Title of the Form/Collection: Agency Information Collection applications for H–1B technical skills Activities: Proposed Collection; Department Initial Report (DIR). training grants. (3) Agency form number, if any, and Comments Requested. SUMMARY: The Employment and the applicable component of the Training Administration (ETA), U.S. ACTION: 60-day notice of information Department of Justice sponsoring the Department of Labor (DOL), announces collection under review: extension of a collection: There is no agency form the availability of approximately $200 currently approved collection number. The U.S. Department of Justice million in grant funds for skill training department initial report. Office of Community Oriented Policing programs for unemployed and The Department of Justice Office of Services (COPS) is sponsoring this employed workers. These grants are Community Oriented Policing Services information collection. financed by a user fee paid by has submitted the following information (4) Affected public who will be asked employers to bring foreign workers into collection request to the Office of or required to respond, as well as a brief the U.S. under a new H–1B Management and Budget for review and abstract: Primary: Recipients of the nonimmigrant visa. As part of the H–1B approval in accordance with the Funding Accelerated for Small Towns nonimmigrant visa program, this Paperwork Reduction Act of 1995. The (FAST) program, the Accelerated Hiring, technical skills training program was proposed information collection is Education and Deployment (AHEAD) authorized under the American published to obtain comments from the program, and/or Universal Hiring Competitiveness and Workforce public and affected agencies. Comments Program (UHP) grants. Other: Improvement Act of 1998 (ACWIA), as are encouraged and will be accepted for Applicants of the current hiring grant amended. The grants are a long-term sixty days until March 7, 2003. This program, UHP, or interested parties. solution to domestic skill shortages in process is conducted in accordance with Abstract: The DIR is a collection high skill and high technology 5 CFR 1320.10. instrument that the COPS Office uses to occupations. H–1B technical skills grants are focused on addressing the If you have comments especially on establish a baseline to evaluate the high skill technology shortages of the estimated public burden or progress of agencies awarded grants American businesses; they are not associated response time, suggestions, under the FAST, AHEAD, and UHP intended to address labor shortages due or need a copy of the proposed grant programs. information collection instrument with to reasons other than technical skill instructions or additional information, (5) An estimate of the total number of shortages. Grant awards will be made please contact Gretchen DePasquale, respondents and the amount of time only to the extent that funds are Office of Community Oriented Policing estimated for an average respondent to available. Services, 1100 Vermont Avenue, NW., respond: The DIR will be sent to Eligible applicants for these grants Washington, DC 20530. approximately 500 grantees per year. will be local Workforce Investment Written comments and suggestions The estimated amount of time required Boards (Local Boards) established under from the public and affected agencies for the average respondent to complete section 117 of the Workforce Investment concerning the proposed collection of and return the form is 1.5 hours. Act (WIA) and representing a local or information are encouraged. Your (6) An estimate of the total public regional public-private partnership that comments should address one or more burden (in hours) associated with the is comprised of at least one Local Board, of the following four points: collection: There are 875 estimated one business or business-related non- (1) Evaluate whether the proposed burden hours associated with this profit organization such as a trade collection of information is necessary association, and one community-based collection. for the proper performance of the organization, higher education functions of the agency, including If additional information is required institution or labor union that will carry whether the information will have contact: Brenda Dyer, Deputy Clearance out such programs or projects through practical utility; Officer, Information Management and One-Stop delivery systems established (2) Evaluate the accuracy of the Security Staff, Justice Management under section 121 of WIA, or regional agency’s estimate of the burden of the Division, United States Department of consortia of Local Boards. proposed collection of information, Justice, 601 D Street NW., Patrick Henry This notice describes the application including the validity of the Building, Suite 1600, NW., Washington, submission requirements, the process methodology and assumptions used; DC 20530. that eligible entities must use to apply

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for funds covered by this solicitation, directly addressing the high skill collaborations—especially with more and how grantees will be selected. technology shortages of American than one small business or with a labor- DATES: The grant policies and businesses; they are not intended to management training program or procedures described in these address labor shortages due to reasons project. guidelines are effective immediately, other than technical skill shortages. ACWIA 2000 provides resources for and remain in effect until further notice. Grant awards will be made only to the skill training in high skill and high Funds are available for obligation by the extent that funds are available. technology occupations that are in Secretary of Labor (the Secretary) under The Act creates a two-part eligibility demand by U.S. businesses. One key 29 U.S.C. 2916. Applications for grant and funding system for the program. measure of this demand is determined awards will be accepted immediately Seventy-five (75%) percent of the by the number of employer H–1B upon publication of this notice in the available grant funds will be awarded to applications for foreign workers. For Federal Register. It is anticipated that Local Boards established under section example, the occupation with the most review panels will begin to convene to 117 of the Workforce Investment Act current H–1B demand is information evaluate applications 60 days after (WIA) that will carry out such programs technology (IT). Appendix B to this publication. or projects through the One-Stop solicitation provides information on the delivery systems established under occupations approved under H–1B ADDRESSES: Applications must be section 121 of WIA, or regional petitions by the Immigration and mailed to the U.S. Department of Labor, consortia of Local Boards. Regional Naturalization Service (INS) for Fiscal Employment and Training consortia of boards may be interstate. Year 2001. Applicants should check the Administration, Division of Federal Each Local Board or consortium of INS Web site (www.ins.gov) or the Assistance, Attention: Ella Freeman, boards receiving grant funds must Department of Labor’s Employment and SGA/DFA 03–100, 200 Constitution represent a local or regional public- Training Administration’s Web site Avenue, NW., Room S–4203, private partnership that is comprised of (www.doleta.gov/h-1b/) for the latest Washington, DC 20210. Telefacsimile at least (i) One Local Board; (ii) one INS information on occupations (FAX) applications will not be accepted. business or business-related non-profit approved under H–1B petitions. Applicants are advised that mail organization such as a trade association; This announcement consists of four delivery in the Washington area may be and (iii) one community-based parts: delayed due to mail decontamination organization or higher education • Part I provides background, basic procedures. institution or labor union. This notice DOL policies and emphasis, principles FOR FURTHER INFORMATION CONTACT: Ella governs the process for awarding the 75 of H–1B technical skills grants, and the Freeman, Grants Management percent funds. legislative mandate for technical skills The remaining 25 percent of the Specialist, Division of Federal training grants under Section 286(s) of available funds will be awarded to Assistance, Telephone (202) 693–3301. INA, Section 111 of ACWIA 2000, and business partnerships that consist of at (This is not a toll free number.) You Section 214(i) of INA. least two businesses or a business- must specifically ask for Ella Freeman. • Part II describes specific program, related nonprofit organization that SUPPLEMENTARY INFORMATION: The administrative and reporting represents more than one business. The requirements that will apply to all grant Employment and Training partnership may also include any Administration (ETA), U.S. Department awards. educational, labor, community • Part III describes the application of Labor (DOL), announces the organization, or Local Board. Applicants availability of grant funds for technical process. for the 25 percent funds must explain • Part IV describes the review process skills training for employed and the barriers they faced in meeting the unemployed American workers. These and rating criteria that will be used to partnership eligibility criteria for the 75 evaluate applications for funding. grants are financed by a user fee paid by percent funds—for example, the employers to bring foreign workers into business partnerships may be on a Part I—Background, DOL Policies and the U.S. on a temporary basis to work national, multi-state, regional or rural Emphases in high skill or specialty occupations. area basis (such as rural telework A. Background As part of the H–1B non-immigrant visa programs). The Solicitation for Grant program, this technical skills training Applications (SGA) governing the In response to demands from program was established under the competition for the first round of grants industries that were experiencing skill American Competitiveness and for the 25 percent funds was published shortages in areas such as information Workforce Improvement Act of 1998 in the Federal Register in December technology, Congress enacted the (ACWIA 1998) as amended by the 2001. Immigration Act of 1990. This act, American Competitiveness in the Successful applicants under earlier implemented in 1992, established the Twentieth Century Act of 2000 (ACWIA H–1B training grant solicitations are H–1B visa category for non-immigrants 2000) and companion legislation. The eligible to apply for grants under this who sought to work in high skill or grants are a long-term solution to competition. Current awardees are specialty occupations, and set annual domestic skill shortages in high skill encouraged to indicate how their new limits of 65,000 on the number of H–1B and high technology occupations— proposals can provide a different visas granted. In a subsequent effort to raising the technical skill levels of approach or scope to skills training help employers access skilled foreign American workers so they can take given program improvements developed workers and compete internationally, advantage of the new technology- under the current award. Consideration Congress enacted the American related, high skills employment will be given to grantees which use Competitiveness and Workforce opportunities. This will, in turn, help grant funds to significantly expand their Improvement Act of 1998 (ACWIA businesses reduce their dependence on training program or project through 1998) Pub. L. 105–277 in October 1998. skilled foreign professionals permitted such means as training more workers or The provisions of ACWIA 1998 created to work in the U.S. on a temporary basis offering more courses, or to applicants technical skills training grants under the under the H–1B visa program. H–1B whose training programs or projects Department of Labor’s Employment and technical skills grants are focused on expand as a result of increasing Training Administration. ACWIA 1998

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was amended by the American local WIBs, at least one business or or comparable experience. Under Competitiveness in the Twenty-first business related non-profit (such as a ACWIA 2000, training is not limited to Century Act of 2000 (ACWIA 2000) trade association) and one community- skill levels commensurate with 4-year Pub.L. 106–313. based organization (which may be faith- undergraduate degrees, but can include High skill and specialty occupations based), higher education institution or the preparation of workers for a broad require theoretical and practical labor union. The remaining 25% of range of positions along a career ladder application of a body of highly funds are made available through grants leading to an H–1B skill level job. specialized knowledge and sometimes to eligible partnerships that consist of at To meet the legislative intent of may even require full state licensure to least two businesses or a business- training American workers to replace practice in the occupation. These related nonprofit organization that foreign workers under the H–1B visa occupations require at least a bachelor’s represents more than one business. program, technical skills training grants degree or higher and/or experience in Partnerships may include any under this SGA must focus on a high the specific specialty. They also may educational, labor, community level of training and on selected require recognition of expertise in the organization, or WIB, but funds may be occupations. As shown on Table 1, specialty through progressively used only to carry out a strategy that foreign workers coming to the United responsible positions relative to the would otherwise not be eligible for States under the H–1B visa program are specialty occupation. funds under the 75% clause due to exceptionally well-educated, nearly 60 ACWIA 1998 increased the annual barriers in meeting partnership percent possess a Bachelor’s degree, limit on H–1B visas temporarily to eligibility criteria. over 30 percent have a Master’s degree, 115,000 in fiscal years 1999 and 2000, The 75 percent funding stream and 10 percent have a Doctorate or and to 107,500 in 2001. In addition, a requires a 50 percent match in cash or Professional degree. With respect to $500 user fee was imposed on in kind; the 25 percent portion requires occupations, nearly 60 percent are employers for H–1B applications. a 100 percent match in cash or in kind. computer/information technology ACWIA 1998 authorized the use of The matching requirement is assessed related occupations, such as 56.3% of the fee to finance the H–1B for the entire Federal grant funding programmers, database administrators Technical Skills Training Grant level. Partners cooperating in the and systems analysts. The second Program. Grants funded under ACWIA proposed project may divide the largest occupational area is architecture, 1998 had the long-term goal of raising responsibility for the match among engineering and surveying related the technical skill levels of American themselves in any way they choose to occupations. It should be noted that of workers in order to fill specialty do so. ACWIA 2000 requires that the education-related area occupations, occupations presently being filled by consideration be given to applicants that most are college and university level, temporary workers admitted to the provide a specific commitment from not elementary or secondary level. Of United States under the provisions of other public or private sources, or both, the medicine and health related the H–1B visa. to demonstrate the long-term occupations, the largest grouping is ACWIA 1998 described eligible grant sustainability of the training program or physicians and surgeons rather than applicants as local Workforce project after the grant expires. nurses or other healthcare workers. Investment Boards (local Boards) or a Eighty percent of the grants are to be ACWIA 2000 requires certain consortium of local Boards. Current awarded to projects that train workers in accountability factors. Specifically, the grantees are local Boards, as established high technology, information Secretary of Labor is to give under section 117 of the Workforce technology, and biotechnology skills. consideration to applicants who commit Investment Act (WIA), that have been For example, this includes skills needed to achieving certain outcome goals for funded to carry out specifically for software and communications individuals who complete training. designed high technology skill training services, telecommunications, systems These outcome goals are: (1) Hiring or programs or projects for employed and installation and integration, computers causing the hiring of unemployed unemployed workers through one-stop and communications hardware, trainees; (2) increasing the wages or delivery systems or a regional consortia advanced manufacturing, health care salary of incumbent workers; or (3) of local boards, as established under technology, biotechnology and providing skill certifications to trainees section 121 of the WIA. Regional biomedical research and manufacturing, or linking the training to industry consortia may be interstate as well as and innovation services. No more than accepted occupational skill standards, intrastate. 20 percent may be awarded to projects certificates, or licensing requirements. ACWIA 2000, enacted on October 17, that train for skills related to any single These accountability factors represent a 2000, increased the temporary cap to specialty occupation. A specialty list of possible, desired outcomes or 195,000 H–1B visas annually and occupation is one that requires at a goals rather than contractual extended this higher cap for two minimum a college degree or requirements. (For example, an additional years, until the end of fiscal comparable experience. In accordance applicant may propose a specific goal by year 2003. Separate legislation raised with ACWIA 2000, the Secretary of designing a technical skills training the employer H–1B application fee from Labor must make every effort to fairly program that is expected to result in $500 to $1,000. ACWIA 2000 authorized distribute grant funds among urban and increased wages and the awarding of the use of 55% of the funds generated rural areas and across the different certifications that document skills by fees to continue the Department of geographic regions of the country. acquisition). In accordance with ACWIA Labor’s H–1B Technical Skills Training The technical skills training portion 2000, applicants must agree that the Grant Program through September 30, of the law (Section 111) is designed to project will be subject to evaluation by 2003. help both employed and unemployed the Department of Labor and agree to ACWIA 2000 created two-part American workers acquire the requisite fully cooperate in evaluation studies. eligibility and funding criteria for the technical capabilities in high skill ACWIA 2000 specified that new program. Local WIBs are eligible to occupations that have shortages. consideration be given to the use of receive 75% of total funds awarded. Training generally is aimed at grant funds to demonstrate a significant These grants provide funds to occupations at the H–1B skill levels, ability to expand a training program or partnerships consisting of one or more which are defined as a bachelor’s degree project through such means as training

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more workers or offering more courses Combining awards made under both State Workforce Investment Board is or projects resulting from collaborations, ACWIA 1998 and ACWIA 2000, the vital to long-term sustainability and will especially with more than one small Department of Labor has awarded a total potentially spread high skill training business or with a labor management of 88 H–1B Technical Skills Training efforts beyond the grantee site. The training program or project, or for a Grants totaling $212 million. Because statutory 50 percent non-federal partnership that involves and directly funds are available as they are collected matching requirement is an integral part benefits more than one small business. from H–1B user fee revenues, the of ensuring sustainability because the Department anticipates that additional matching resources are expected to help TABLE 1.—KEY FACTS ABOUT H–1B H–1B Technical Skills Training Grant extend the skill shortages training effort VISA APPROVED PETITIONS, FISCAL applications will be funded throughout beyond the term of the grant. This YEAR 2001 fiscal year 2003 (October 1, 2002– partnership sustainability concept September 30, 2003). Additional details relates to two rating criteria: Links with Percent on the background of the H–1B Key Partners and Sustainability (the of total Technical Skills Training Grants resources each partner offers and the demonstration project can be found at role of external resources in building the Country of Birth: the H–1B Web site http:// foundation for a long-term partnership). India ...... 48.9 www.doleta.gov/h–1b. This Web site High Skill Level Focus and Innovative China ...... 8.3 contains descriptions of current Canada ...... 3.9 Service Delivery: Training selected projects, legislative documents and Philippines ...... 3.1 employed and unemployed workers to United Kingdom ...... 2.9 research papers. fill current local or regional high skill All other ...... 33.8 B. Principles of H–1B Technical Skills level shortages is the immediate focus of Age: Training Grants this initiative. Training investments Under 20 ...... 00.0 should be targeted in occupational areas Development, implementation and 20–24 ...... 11.6 that have been identified on the basis of operation of H–1B Technical Skills 25–29 ...... 41.9 H–1B occupations as high technology Training Grants as envisioned under the 30–34 ...... 25.8 skill shortage areas. H–1B Technical 35–39 ...... 12.0 authorizing legislation (see Background Skills Training Grants are not intended 40 and over ...... 8.70 above) is based on the following to address lower level skill labor Level of Education: principles: Less than Associate’s degree 1.2 Business Involvement: Businesses are shortages nor are they intended to fund Associate’s degree ...... 0.6 the workforce investment system’s training programs aimed at imparting Bachelor’s degree ...... 56.8 customers who generate the demand for basic educational skills. In addition, H– Master’s degree ...... 31.1 all jobs, in particular, the demand for 1B grants are not intended to address Doctorate degree ...... 7.4 occupational shortages due to reasons Professional degree ...... 3.0 high skill occupations. Businesses are essential partners in formulating, other than high technology skill Occupational Area: shortages. Computer/information tech- developing and operating H–1B nology ...... 58.0 technical skills grant projects. Under Innovative or proven tools and Architecture, engineering and WIA, business plays a critical, approaches, that may include on-the-job surveying ...... 12.2 leadership role in planning and training, distance learning, or Administrative specialties ...... 7.2 overseeing training and employment combinations of training and Education ...... 5.3 activities. WIA requires that the educational techniques, to close Managers and officials ...... 3.8 majority of the membership of state and particular skill gaps and provide Medicine and health ...... 3.4 local Workforce Investment Boards are strategies for training that promote Life sciences ...... 2.0 business representatives, and that the regional development are hallmarks of Social sciences ...... 1.9 state and local board chairs be drawn successful H–1B technical skills training Mathematics/physical projects. H–1B grantees should tailor sciences ...... 1.7 from business. For the purpose of these All other ...... 3.2 grants, it is desirable that businesses training to the needs of the selected represented in the group applying for incumbent and unemployed workers, Source: Report on Characteristics of Spe- this grant include those with current both in content and delivery. cialty Occupation Workers (H–1B), Fiscal Year 2001, U.S. Immigration and Naturalization high technology skills shortages. Some Qualified Target Population: Service, July 2002. of these businesses may have in the past Technical skills training is geared utilized foreign workers under the H–1B towards employed and unemployed Forty-three H–1B Technical Skills visa program. Now, they intend to hire, workers who can be trained and placed Training Grants totaling $95.6 million retain, or promote graduates of the H– directly in highly skilled H–1B were awarded under the provisions of 1B technical skills training program. occupations or in the highest echelons ACWIA 1998. Under ACWIA 2000, the Partnership Sustainability: The grant of an H–1B career ladder. Candidates for Department of Labor has awarded, as of awards under this SGA will not exceed training funded by H–1B Technical October 1, 2002, a total of 45 grants duration of 36 months with an option Skills Training Grants should possess totaling $116.7 million; of these, 31 for a no cost extension of up to 12 (and be identified through appropriate grants totaling $82.3 million were under additional months. No cost extensions assessment tools) a high level of general the 75 percent funding stream and 14 extend the period during which existing educational background and, in grants totaling $34.5 million were under grant funds may be spent. ETA intends addition, have the prerequisites for the the 25 percent funding stream. H–1B that regional partnerships sustain occupational training being proposed. grants under earlier SGAs were funded themselves over the long term and well Targeted individuals should also for up to a 24-month period, with the after the federal resources from this possess certain characteristics such as possibility of an additional option year, initiative have been exhausted. In drive and initiative that will help based on performance, continued addition, coordination and consultation guarantee successful completion of the demand for training, and availability of with the applicable state workforce high skill level training funded by H–1B funds. agency and/or the Governor’s office or grants.

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Employees at the H–1B skill level are specialty. Specialized and or childcare—are considered as generally characterized as having a professionally recognized certificates important enhancements to the Bachelor’s degree or comparable work may also be characteristic of a high level technical skills training package. experience. The H–1B technical skill of technical skills. Utilizing federal resources through co- training is not limited to skill levels Comprehensive Local and Regional enrollment in H–1B technical skills commensurate with a four-year degree. Planning: H–1B technical skills training training and WIA is a strongly It may be used to prepare workers for a applicants must describe the local area recommended course of action. While broad range of positions along a or region that will be served with WIA resources cannot be counted specified career ladder. ‘‘Career ladder’’ particular emphasis on high technology toward the matching requirement; co- may generally be defined as a system of skills shortages. Applicants are enrollment allows for much broader and career options which encourage encouraged to ascertain current labor comprehensive service provision. opportunities for professional growth force and industry data to reflect the Successful applicants are encouraged to and upward mobility. Technical skills skills shortages in their region. The leverage such Federal resources to help training can include a broad range of proposal also must identify the political make the technical skills training more positions along a career ladder that jurisdictions to be included and provide effective. directly leads to a high skills level job an enumeration of the specific local In order to provide these resources, within a reasonable period of time. workforce investment areas that are applicants should build linkages to the Thus, potential trainees are not required served under WIA. Current data on One-Stop Career Center network to to enter training with a four-year degree. approved H–1B visa petitions should be reach out, inform, and recruit Additionally, trainees do not necessarily utilized to the extent feasible to describe individuals to participate in H–1B have to acquire a four-year degree to be skill shortages in specific occupations. technical skills training. The central role successful, although many will have a Appendix B to this solicitation is a of the Local Boards in the planning and four-year degree and many others will listing of occupations for which H–1B policy activity surrounding these grants possess two-year degrees. Career ladders visa petitions have been recently is critical. WIA requires the Local Board create opportunities for individuals who approved. Requests for H–1B visas for to prepare a strategic workforce may vary in experience and education the applicant’s region may reflect a investment plan for the area that it levels (such as specialty training and skills shortage for those occupations, as oversees. The Local Board also Associates’ degrees) to advance along a well. Applicants may consider designates One-Stop center operators defined career ladder and qualify surveying local and regional employers and certifies or approves eligible through additional training and to ascertain the extent of employer use training providers. education for H–1B level related of H–1B visas to obtain foreign workers As required by ACWIA, ETA will give occupations. and to obtain information on the consideration in awarding grants to any Use of Skill Standards: Skill specific occupations and skills proposal which includes and directly standards represent a benchmark by imported. benefits two or more small businesses which an individual’s achieved Applicants are encouraged to utilize (100 employees or less). competence can be measured. Work in all available state and local data, DOL emphases for this SGA relate to this area has been performed by private including that provided by area level of training and occupations industry and trade associations, businesses and business associations, in selected for training. In accordance with registered apprenticeship training making determinations of regional the legislative provisions to train systems, and public and private shortages. Applicants are encouraged to American workers to an H–1B visa partnerships. Well-defined skill analyze data made available by their level, DOL seeks to achieve a higher standards can be useful tools in state labor market information (LMI) level of skill training than has occurred matching training goals to targeted director, the Bureau of Labor Statistics to date in some H–1B grants—to a level occupational areas. Applicants are (BLS), and through the local One-Stop that clearly prepares individuals to meet encouraged to survey the progress to delivery system. the H–1B visa definition of ‘‘theoretical date in developing occupational skill and practical application of a body of C. DOL Policies and Emphases standards in their community and in specialized knowledge* * *’’ In applicable industries. Section 111(c)(4)(A) of ACWIA 2000 addition, since a major objective of As noted earlier (In Part IA— states that consideration will be given to H–1B technical skills training grants is Background), the definition of the applicants who, where applicable, to alleviate dependency upon foreign minimum proficiency level required to commit to provide three target outcomes workers in specialty occupations, DOL be considered an H–1B occupation, for participants who complete training. believes that increased priority is contained in section 214 (i), 8 U.S.C. These outcomes are the hiring of needed in occupations relating to the 1184 (i) of the Immigration and unemployed trainees, increased wages higher levels of computer science and Naturalization Act (INA), speaks to a or salaries of employed workers, and information technology; architecture, very high skill level for these ‘‘specialty skill certificates documenting skills engineering and surveying; occupations.’’ These are occupations acquisition or a link to industry biotechnology, biomedical research and that require ‘‘theoretical and practical accepted occupational skill standards, manufacturing, and advanced application of a body of highly certificates, or licensing requirements. manufacturing technology. Lower level specialized knowledge,’’ and full state The Employment and Training healthcare and other non-H–1B licensure, if required for the occupation, Administration anticipates that occupations and preparatory or to practice in the occupation. The applicants may need to make a range of introductory level information standard for these occupations is either supportive services available to enhance technology areas will receive low completion of at least a Bachelor’s the quality and effectiveness of the skill selection priority under this SGA. DOL degree or experience in the specialty training provided under the grant. Grant anticipates that the focus on a high level equivalent to the completion of such a funds may not be used to provide of training and on H–1B occupations degree and recognition of expertise in supportive services. Appropriately will result in most participants being the specialty through progressively focused services, as defined by section enrolled in training programs during the responsible positions relating to the 101(46) of WIA—such as transportation first year of the grant operation, with

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actual training occurring during the 2. Administrative Costs resolution of previous issues and remainder of the grant period. ACWIA 2000 Section 111 (c)(6) problems. 2. Explanation of any problems and Part II—Requirements provides that an entity that receives a grant to carry out a program or project issues encountered and planned A. Eligible Participants under section 414(c)(1)(A) of ACWIA response. 3. Lessons learned in the areas of may not use more than 10 percent of the Training funded by a grantee may be project administration and management, amount of the grant to pay both for persons who are currently training delivery, partnership administrative costs associated with the employed and who wish to obtain and relationships and other related areas. upgrade skills and for persons who are program or project. Administrative costs 4. Discussion of the occupational unemployed. The aim of the skills are defined at 20 CFR 667.220. areas for which skills training is being training is to place employed and 3. Start-up Costs provided, including a listing of the unemployed workers in highly skilled occupations being trained, training H–1B related occupations. As noted ACWIA 2000 Section 111 (c)(3) limits the amount of start-up costs of delivery, number of students per above, eligible participants for H–1B occupation and other relevant Technical Skills Training Grants, prior partnerships or new training projects, which may be charged to these grants. information that provides a reasonable to beginning training funded by H–1B picture of the occupational training training grants, should possess (and be Except for partnerships of small businesses, the limit is five (5) percent being conducted. identified as having through appropriate Final Report. A draft final report assessment tools) a high level of general of any single grant or costs not to exceed $75,000. For partnerships consisting which summarizes project activities and educational background and, in employment outcomes and related addition, have the prerequisites for the primarily of small businesses, the limit is ten (10) percent of the cost allocable results of the demonstration must be occupational training being proposed. submitted no later than 60 days prior to H–1B targeted individuals should also for a single grant or a maximum of $150,000. the expiration date of the grant. After possess those characteristics such as responding to DOL questions and drive and initiative that will help C. Reporting Requirements comments on the draft report, three guarantee successful completion of the The grantee is required to provide the copies of the final report must be high skill level training funded by H–1B reports and documents listed below: submitted no later than the grant grants. Quarterly Financial Reports. A expiration date. Grantees must agree to B. Administrative Requirements Quarterly Financial Status Report use a designated format specified by (SF269) is required until such time as DOL for preparing the final report. 1. General all funds have been expended or the D. Evaluation Grantee organizations will be subject period of availability has expired. to: ACWIA 2000; these guidelines; the Quarterly reports are due 30 days after As required by ACWIA 2000, terms and conditions of the grant and the end of each calendar year quarter. applications must include an agreement any subsequent modifications; Grantees must use ETA’s On-Line that the program or project shall be applicable Federal laws (including Electronic Reporting System. subject to evaluation by the Secretary of provisions in appropriations law); and Progress Reports. The grantee must Labor to measure its effectiveness. To any applicable requirements listed submit a quarterly progress report to the measure the impact of these skill below— GOTR within 30 days following each training grants, ETA will arrange for or conduct an independent evaluation of a. Workforce Investment Boards—20 quarter. Two copies are to be submitted the outcomes and benefits of the Code of Federal Regulations (CFR) Part providing a detailed account of projects. Grantees must agree to make 667.220, published in the Federal activities undertaken during that quarter records on participants, employers and Register on Friday, August 11, 2000 including: funding available and to provide access (Administrative Costs). 1. Number completing training this to program operating personnel and to b. Non-Profit Organizations—Office of quarter participants, as specified by the Management and Budget (OMB) 2. Number completing training overall 3. Number enrolled in training evaluator(s) under the direction of ETA, Circulars A–122 (Cost Principles) and 4. Number expected to complete including after the period of operation. 29 CFR part 95 (Administrative training by end of project Requirements). 5. Number new job placements as a E. Matching Funds c. Educational Institutions—OMB result of training Applicants must demonstrate the Circulars A–21 (Cost Principles) and 29 6. Number promotions resulting from ability to provide resources equivalent CFR part 95 (Administrative the training to at least 50 percent of the grant award Requirements). 7. Number wage increases resulting amount as a match. This statutory match d. State and Local Governments— from training and amount of wage may be provided in-cash or in-kind, and OMB Circulars A–87 (Cost Principles) increases resulting from training federal resources may not be counted and 29 CFR part 97 (Administrative 8. Number certifications and/or against the matching requirement. At Requirements). /degrees, by type, awarded as result of least one-half of the non-Federal e. Profit Making Commercial Firms— training matching funds shall be from the Federal Acquisition Regulation (FAR)— Note: DOL may require additional data business or businesses or business- 48 CFR part 31 (Cost Principles), and 29 elements to be collected and reported on related nonprofit organizations CFR part 95 (Administrative either a regular basis or special request basis. involved. The amount and nature of the Requirements). In addition, the audit Grantees must agree to meet DOL reporting match must be clearly described in the requirements at 20 CFR 627.480 applies requirements. application. to commercial recipients. A narrative section is also required for The 50 percent matching requirement f. All entities must comply with 29 each quarterly report, including: is designed to assist grantees in CFR parts 93 and 98, and, where 1. General overview of project initiating sustainability for the proposed applicable, 29 CFR parts 96 and 99. progress, new developments and project. The Department is particularly

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interested that the applicants higher education institution, or labor The application must clearly identify demonstrate clear evidence that union. the applicant (or the fiscal agent), the matching resources will sustain training The activities of the local or regional grant recipient (and/or fiscal agent), and activities after the expiration of the public-private partnership must be describe its capacity to administer this grant. Although matches may be one- conducted in coordination with the project. It must also indicate that the time occurrences, applicants are activities of the relevant Local Board or project is consistent with and will be encouraged to seek partnerships that Boards established under WIA. ACWIA coordinated with the activities of the reflect a commitment, financially and 2000 requires that each partnership relevant Local Board or Boards and with non-financially, to the future success of designate a fiscal agent responsible for the other partners in the workforce the proposed program. being the recipient of grant funds. investment system(s) that are involved in technical skills activities in the F. Grantee Data System Under this announcement, only Local Boards (through their designated fiscal relevant region(s). The grantee must have a system agents) and consortia of Local Boards According to Section 18 of the capable of collecting, storing and may apply for and receive these grant Lobbying Disclosure Act of 1995, an retrieving participant and training result awards. This requirement does not organization described in Section 501 information and producing reports prevent the participation of other (c) (4) of the Internal Revenue Code of needed for administrative, management, partners or concerned entities, which 1986 that engages in lobbying activities and analytical purposes. ETA will be are integral to the process of planning will not be eligible for the receipt of routinely validating data as part of its for and conducting skills training in federal funds constituting an award, oversight responsibilities, so grantees skills shortage areas. As noted earlier grant, or loan. must ensure the accuracy and validity of under Supplementary Information, Note: Except as specifically provided in information reported. The grantee must successful applicants under earlier H– this Notice, DOL/ETA’s acceptance of a identify the data elements to be 1B solicitations are eligible to apply for proposal and an award of federal funds to routinely collected. grants under this competition. Current sponsor any program(s) does not provide a waiver of any grant requirements and/or G. Other awardees must indicate how their new proposals can provide a different procedures. For example, the OMB Circulars The application must include approach or scope to skills training require and an entity’s procurement identification of a management entity, procedures must require that all procurement given program improvements developed transactions are conducted, as much as the proposed staffing pattern, the under the current award. resumes of key staff members and practical, to provide open and free Applicants are encouraged to competition. If a proposal identifies a detailed descriptions of the roles of collaborate with entities that possess a specific entity to provide services, the DOL/ various entities participating in the sound grasp of the job market in the ETA’s award does not provide the partnership. Each application MUST region and are in a position to address justification or basis to sole-source the designate an individual who will serve the issue of skill shortage occupations. procurement, i.e., it does not authorize the as project director and who will devote These entities include organizations applicant to avoid competition when a substantial portion of his/her time to such as private, for-profit businesses— procuring these services. the project, which may be defined as at including small and medium-size Part IV of this announcement least 60 percent. The applicant should businesses; business, trade, or industry identifies the criteria that will be used also include a description of the associations such as local Chambers of to rate applicant submissions. These organizational capacity and track record Commerce and small business criteria and point value are: in high skill training and related federations; and labor unions. These activities of the primary actors in the partners should include businesses and Criterion Points partnership. business associations, which have A. Statement of Need ...... 10 Part III—Application Process experienced first hand the problems of B. Level of Training and Service De- coping with skill shortages and which A. Eligible Applicants livery Strategy ...... 25 employ workers engaged in skill C. Target Population ...... 10 Section 111(c)(2)(A)(i) of ACWIA shortage occupations. D. Sustainability ...... 15 2000 specifies that the Secretary shall, This notice will not prescriptively E. Linkages with Key Partners ...... 15 in consultation with the Secretary of define the roles of individual entities F. Outcomes, Management and Commerce, subject to the availability of within the partnership beyond requiring Cost Effectiveness ...... 25 funds in the H–1B Nonimmigrant that the Local Boards or consortia be the Total Possible Points ...... 100 Petitioner Account, award 75 percent of applicant and designate a fiscal agent the grants to Local Boards established for receiving grant funds, as stated in under section 116(b) or 117 of the WIA, ACWIA 2000. The applicant’s proposal B. Submission of Proposals 29 U.S.C. 2831(b) and 2832, or consortia is expected to provide a detailed Applicants must submit four (4) of such Boards in a region. A discussion of participating copies of their proposal, with original consortium can cross state lines or organizations’ respective signatures. The proposal must consist of involve more than one statewide Local responsibilities. two (2) separate and distinct parts, Parts Board. Based on ETA’s experience, regional I and II. Each Local Board or consortium of partnerships that actively engage a wide Part I of the proposal must contain the boards receiving grant funds must range of participation from community Standard Form (SF) 424, ‘‘Application represent a local or regional public- groups—particularly with strong private for Federal Assistance’’ (Appendix C) private partnership consisting of at least employer involvement—appear to be and the Budget Information Form one Local Board; one business or more successful. Consortia of Local (Appendix D). Upon confirmation of an business-related non-profit organization Boards representing more than one area award, the individual signing the SF such as a trade association and one that share common economic goals may 424 on behalf of the applicant shall community-based organization (which join together as one applicant rather represent the responsible financial and may be a faith-based organization), or than applying individually. administrative entity.

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In preparing the Budget Information months, based on the success of the B. Rating Criteria form, the applicant must provide a program and other relevant factors. concise narrative explanation to support Applications will be rated on how Part IV—Review Process & Rating the request. The statutory language of completely they respond to the criteria Criteria ACWIA 2000 is specific in stating that set forth below, and how responsive grant resources are to be expended for A. The Review Process they are to the policy goals and programs or projects to provide emphases set forth in Part II of this Applications for the H–1B technical technical skills training. An illustrative, document. skills training grants will be accepted but not exclusive, list of allowable and 1. Statement of Need (10 points) allocable types of administrative costs is continuously after the publication of provided in the WIA regulations at 20 this announcement until further notice. ACWIA 2000 is a response to high CFR 667.200. In general, however, this Technical review panels will meet technology skill shortages around the grant does not contemplate or permit periodically on an as-needed basis, country in specific occupations. The the purchase of capital equipment. The given the number of applications and most recent H–1B occupation data are budget narrative should discuss the availability of funds. provided as an attachment to this precisely how the administrative costs The technical review panel will make solicitation. Applicants should clearly support the project goals. careful evaluation of applications describe the local area or region for Part II must contain a technical against the criteria below. Final funding which services are to be provided and proposal that demonstrates the decisions will be based on the rating of the high technology skill shortages applicant’s capabilities in accordance applications as a result of the review prevalent in the geographic area and with the Statement of Work. A grant process, and other factors such as region. application is limited to twenty-five (25) statutory requirements (urban/rural Applicants are encouraged to utilize double-spaced, single-sided, 8.5 inch x balance, geographic balance, the all available data resources to ensure 11 inch pages with one-inch margins. requirement that at least 80 percent of that their descriptions of need are The applicant may provide resumes, a funds be awarded for high technology, relevant to local and regional labor staffing pattern, statistical information information technology, and market shortages. Information can and related material in attachments, biotechnology occupational training and include, but is not limited to: statistical which may not exceed fifteen (15) that not more than 20 percent of funds information from Federal government pages. Although not required, letters of be available for training in any single sources, state labor market information, commitment from partners or from specialty occupation), availability of H–1B applications, newspaper want those providing matching resources may funds, and what is most advantageous to ads, expressed employer hiring be submitted as attachments. Such the Government. The panel results are demands, and information from the letters will not count against the advisory in nature and not binding on One-Stop system, in responding to this allowable maximum page total. The the Grant Officer. The Government may criterion. Descriptive items about the applicant must briefly itemize those elect to award the grant(s) with or local area or region, such as rural or participating entities in the text of the without discussions with the offeror(s). urban, should be included. (What high proposal. Text type shall be 12 point or In situations without discussions, an technology needs and opportunities larger. Applications that do not meet award will be based on the offeror(s) exist in the region? What are the these requirements will not be signature on the SF 424, which particular characteristics of the local considered. Each application must constitutes a binding offer. political, economic and administrative include a Time Line outlining project The rated applications will be placed jurisdictions—Local Boards, labor activities and an Executive Summary in the following categories: market areas, or special district that is not to exceed two pages. The (1) If the application receives a rating authorities—that led them to associate Time Line and the Executive Summary of 80 and above, it will be placed on an for the purpose of this application?) do not count against the 25-page limit. eligible to be funded list. The applicant A general description of the local area No cost data or reference to prices will remain on this list for 9 months or region should include socioeconomic should be included in the technical before resubmittal is required. data, with a particular focus on the proposal. Applicants in this category may require general education and skill levels further discussions. Inclusion on this C. Hand Delivered Proposals prevalent in the area. Applicants are list is not a guarantee of funding. encouraged to include information such Hand delivered proposals will be (2) If the application receives a rating received at the address identified above. as transportation patterns, and statistical of 79 or below, the applicant will be and demographic information (e.g., age Telegraphed and/or faxed proposals will eligible to receive technical assistance not be accepted. Failure to adhere to the and income data). Other germane through group workshops in areas such questions that will provide greater administrative instructions pertaining to as: Submission of Proposals (contained in • depth of description include: What is Grant Writing the general business environment? What Section B) and Delivery of Proposals • Partnership Building/Linkages industries and occupations are growing (contained in Section C) will be • considered as non-responsive. Administrative Requirements and declining? What types of skills are • Service Delivery Strategies being sought in the geographic area or D. Period of Performance (3) Those applications receiving a region by the major employers in The initial period of performance will rating of 70–79 will also be eligible to general, and the partnership member be up to 36 months from the date of receive additional individualized companies, in particular? Data from execution of the grant documents. It is technical assistance. local and regional employers relating to anticipated that individual awards will All applicants will receive written the use of H–1B visas to import foreign not exceed $3,000,000. ETA may elect to notice of their rating which will include workers to meet their high technology exercise its option for a no-cost a summary of their strengths and skill needs will be of special help in extension for these grants for an weaknesses in the application at the demonstrating high technology training additional period not to exceed 12 conclusion of the review process. needs.

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2. Level of Training and Service distance learning to provide instruction, verify that H–1B level training is Delivery Strategy (25 points) interactive video self-instructional actually required, especially in the case Applicants must lay out the materials, and flexible class scheduling of incumbent workers. Applicants shall comprehensive strategy proposed for (sections of the same class scheduled at describe the assessment tools used to providing the technical skills training different times of the day to ensure that proposed trainees are able to that is mandated as the core activity of accommodate workers whose schedules complete H–1B level training, in terms these grant awards. Applicants shall fluctuate). Creativity in developing the of ability and educational preparation. describe a service delivery strategy that service strategy is also encouraged. The Note that trainees must possess a fairly service delivery strategy must meet the advanced skills set prior to the start of provides training at or leading to an H– needs of business partners, providing H–1B training, i.e., they should be 1B level skill. Part 1C of this SGA spells skills identified in the statement of capable of pursuing training at the out very clearly DOL’s strong interest in need. Evidence should be provided that college level. achieving a higher level of training than business partners have been involved in • What is the business partners’ has occurred in some H–1B grants, to a developing the training service delivery involvement in the selection of level that clearly prepares individuals to plan. The service delivery strategy candidates? meet the H–1B visa definition of should also effectively reach out to and • What is the targeted education and ‘‘theoretical and practical application of meet needs of the target population, i.e., skill level of trainees as they enter the a body of specialized knowledge.’’ A desired candidates are recruited and program? discussion of the impact of skills training conducted in such a manner 4. Sustainability (15 points) training in response to the identified that participants can attend without skill shortages of the region should be undo hardship (training during Sustainability refers to the included. Since the H–1B skill level is workday, on weekends and/or through continuation of the partnership based at the Bachelor degree level or above, distance learning methods). Applicants on the strength of that partnership and training may include formal education. should fully describe any innovative the ability of the training program to Specific issues that must be addressed and creative approaches contemplated. deliver value to employers. Applicants as part of this section include: must demonstrate that they will meet • The range and identity of potential 3. Target Population (10 points) the statutory requirement to provide a training providers, including identifying The eligibility criteria for skills 50 percent match to the resources for whether they are on the eligible training training enumerated in ACWIA 2000 are proposed projects. Matches may either provider list as described in WIA, extremely broad and include employed be in-cash or in-kind and federal section 122, the types of skills training and unemployed workers. This section resources cannot be counted towards that will be offered, how the training should clearly identify the targeted the matching requirement. Applicants will meet the local area or regional skills workers, including their characteristics must describe to what extent the needs, and how the training will be and explain why they are targeted. A partners provide matching funds or provided. discussion of what assessment services and how this contribution • The targeted occupations and skill procedures are to be used to ensure that assists in building the foundation for a level and how the skill upgrading will the targeted individuals are qualified for long-term partnership, i.e., be measured. If degrees and/or the training and have a high likelihood sustainability. Matching resources and certificates are contemplated, the type of successful completion of the training partnerships are considered an integral and recognition authority should be is critical. The applicant should address element of the project, as they support described as well as an estimate of the some specific issues relating to the and strengthen the quality of the number and type to be attained. target worker population such as: technical skills training provided and • What steps will be taken to reach • How many employed workers and contribute materially toward out to the community(ies) to provide unemployed workers will be targeted for sustainability. This section MUST information about the project and services and why? contain a detailed discussion of the size, planned training activities. • What are the technical skills nature, and quality of the non-federal • How will the types of training training needs of those workers to fulfill match and how the match will be used planned for project participants be skill shortage occupations at the H–1B to further the goals of the project. determined. level? Note that employers’ needs Proposals not presenting a detailed Training at a sufficiently high skill should be addressed in Statement of discussion of the non-federal match or level will be an important factor in this Need. not meeting the statutory 50 percent criterion. If career ladder training is • It is extremely important that the match requirement will be considered proposed, the applicant must provide selection process for workers, both non-responsive and will not be adequate detail demonstrating that all employed and unemployed, be carefully considered. rungs of the ladder lead to H–1B described to make it clear how those Technical Skills Training Grant training at the top rung and that it is individuals will be determined to resources are limited to raising the skill reasonably likely that the majority of possess the capacity after the levels of individuals to fill high skills individuals on the ladder will complete completion of training to accept jobs H–1B occupations. Applicants will be the highest rungs of H–1B level training that previously were filled via the H–1B given preference for identifying other under the H–1B Technical Skills visa process, or could be filled at the H– resources both federal and non-Federal, Training Grant. 1B level. In the case of both incumbent because they can contribute materially Innovation in the context of service workers and unemployed workers, there toward quality outcomes and delivery is also considered essential and needs to be an extensive discussion of sustainability. (Note that although is a basic principle of H–1B Technical the criteria to be used to assess and federal resources may not be counted as Skills Training Grants and can represent enroll individuals. Applicants shall match, they may be counted to a wide variety of approaches and describe how members of the target demonstrate the project sustainability.) techniques. Innovation may be population will be selected and the Applicants are also encouraged to implemented in the manner in which technical skills training needs of the establish relationships with State training services are provided, e.g., target population in such a way as to Workforce Investment Boards and

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relevant state agencies, as they may 6. Outcomes, Management and Cost (3) Awards of educational degrees, provide valuable assistance and Effectiveness (25 points) credit toward degrees, skill resources that can contribute to the This criterion includes three areas: (a) certifications to trainees or links the success of a proposed project. Program and training outcomes, (b) trainees to industry-accepted Applicants should enumerate these project and grant management, and (c) occupational skill standards, certificates resources in this section to support their cost effectiveness. Applicants must or licensing requirements. discussion of sustainability and also describe the predicted outcomes Management includes qualifications describe any specific existing resulting from this training. It is and experience of proposed staff and contractual commitments. The estimated that the projected results will related areas. Applicants should include sustainability issue can be addressed by be somewhat varied given the mix of a description of the organizational providing concrete evidence that people who will be served. Success can structure and processes and automated training activities of the partnership will be determined through placements in system to be used for managing the be continued after the expiration date of H–1B skills shortage occupations, project, collecting project data, the grant by using other public or increased wages, or skills attainment in monitoring and tracking progress, private resources. H–1B occupations, or in training for or responding to issues and problems, and placement in positions on a defined producing relevant reports for both the 5. Linkages With Key Partners (15 career ladder directly leading toward grantee and DOL. points) such skills attainment. Applicants will provide a detailed For unemployed workers, outcomes discussion of the expected cost The application must show the effectiveness of their proposal in terms partnership required by Section will be viewed in terms of gaining new employment and enhanced skills of the expected cost per participant 111(c)(2)(A)(i) of ACWIA 2000 (a Local attainment in, or on the ladder to H–1B compared to the expected benefits for Board or consortium of Local Boards; skill shortage occupations. these participants. Applicants should one community-based organization, Outcomes for employed workers may address the employment outcomes, higher education institution, or labor be at a somewhat higher level than for placement, increased salary, promotion union; and one business or business- those unemployed workers who do not or retention and the levels of skills to be related nonprofit organization such as a possess similar skills at the outset. achieved (such as attaining state trade association). ETA encourages, and Because of the differing skill levels and licensing in an occupation) relative to will be looking for, applications that go backgrounds of participants in an H–1B the amount of training that the beyond the minimum requirements of training program, the outcomes section individual needed to receive to achieve the statute and show broader, expected should discuss gains attained for those outcomes. Benefits can be long-term partnerships. The applicant individual participants in context of described both qualitatively in terms of should identify the partners and how their backgrounds and skill levels when skills attained, including degrees and they will interact together, i.e., what they entered. Therefore, the focus of the certificates attained, and quantitatively role each will play and what resources discussion in this section should in terms of wage gains. Costs must be each partner will offer. In particular, emphasize very specifically the benefits justified in relation to cost per this section should identify partnerships that occur because of the training. For participant and, when possible, contrast with the private and public sectors, example, an applicant might state that a with similar costs for training including ties with small- and medium- certain skill level is projected for a given conducted elsewhere. Cost effectiveness sized businesses and small business group and indicate what change in skills may be demonstrated in part by cost per federations. In addition, the proposal that represents and how that might participant and cost per activity in should include a description of any translate into an increase in earnings. relation to the level and duration of services provided and outcomes to be coordination and consultation activities As noted in Level of Training and attained; the applicant’s expectations with the applicable state workforce Service Delivery Strategy above, the regarding these measures should be agency and/or Governor’s office or state application must identify what included. Workforce Investment Board. Evidence occupations will be trained for under of such coordination and/or this grant. Please identify each Signed in Washington, DC, this 31st day of consultation such as written occupation in terms of skills in high December 2002. documentation should be included in technology, information technology and Laura Cesario, the application. The Service Delivery biotechnology, including skills needed Grant Officer. Strategy section of the Statement of for software and communication Appendix A: Legislative Mandate Work describes the role of each of the services, telecommunications, systems Appendix B—H–1B Petitions Approved actors in delivering the proposed installation and integration, computers in Fiscal Year 2001 for Top 10 services, while this section is intended and communications hardware, Major Occupational Groups and to look at the linkages from a more advanced manufacturing, health care Top 23 Detailed Occupations, structural perspective with particular technology, bio-technology and Source: INS, July 2002 emphasis on the employers in the biomedical research and manufacturing Appendix C: (SF) 424—Application consortium that are experiencing skills and innovation services. Form Applicants should indicate how they shortages and have hiring or upgrading Appendix D: Budget Information Form plan to achieve one or more of the needs. Appendix E: Project Profile Information following outcome goals upon (completed by applicant) ETA also is interested in the extent of successful completion of a training the involvement of small businesses in program: Appendix A—Legislative Mandate the partnership. Consideration will be (1) The hiring of unemployed trainees (1) ACWIA and ACWIA 2000 given to any partnership that involves (if applicable); The relevant portions of ACWIA 2000 and directly benefits more than one (2) Increases in the wages or salaries dealing with the establishment of a fund for small business (each consisting of 100 of already employed trainees (if implementing a program of H–1B skills employees or less). applicable); and training grants are as follows:

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‘‘Section 286(s)—H–1B Nonimmigrant (II) one community-based organization or (B) Exception.—In the case of partnerships Petitioner Account (As Amended) higher education institution or labor union; consisting primarily of small businesses, not (1) In General—There is established in the and more than 10 percent of any single grant, or general fund of the Treasury a separate (III) one business or business-related non- $150,000, whichever is less, may be used account, which shall be known as the ‘H–1B profit organization such as a trade toward the start-up costs of partnerships or Nonimmigrant Petitioner Account.’ association: Provided, That the activities of new training programs and projects. Notwithstanding any other section of this such local or regional public-private (C) Duration of Start-Up Period.—For title, there shall be deposited as offsetting partnership described in this subsection shall purposes of this subsection, a start-up period receipts into the account all fees collected be conducted in coordination with the consists of a period of not more than 2 under 8 U.S.C. 1184 (c)(9)(section 214(c)(9)). activities of the relevant local workforce months after the grant period begins, at (2) Use of Fees for Job Training—55 investment board or boards established under which time training shall immediately begin percent of amounts deposited into the H–1B the Workforce Investment Act of 1998 (29 and no further Federal funds may be used for Nonimmigrant Petitioner Account shall U.S.C. 2832); and start-up purposes. remain available to the Secretary of Labor (ii) 25 percent of the grants under the (4) Training Outcomes.— until expended for demonstration programs Secretary of Labor’s authority to award grants (A) Consideration for Certain Programs and and projects described in section 414(c) of for demonstration projects or programs under Projects.—Consideration in the awarding of the American Competitiveness and section 171 of the Workforce Investment Act grants shall be given to applicants that Workforce Improvement Act of 1998.’’ (29 U.S.C. 2916) to partnerships that shall provide a specific, measurable commitment ‘‘SEC. 111. Demonstration Programs and consist of at least 2 businesses or a business- upon successful completion of a training Projects To Provide Technical Skills Training related nonprofit organization that represents course, to— for Workers. more than one business, and that may (i) hire or effectuate the hiring of Section 414(c) of the American include any educational, labor, community unemployed trainees (where applicable); Competitiveness and Workforce organization, or workforce investment board, (ii) increase the wages or salary of Improvement Act of 1998 (as contained in except that such grant funds may be used incumbent workers (where applicable); and title IV of division C of Public Law 105–277; only to carry out a strategy that would (iii) provide skill certifications to trainees 112 Stat. 2681–653) is amended to read as otherwise not be eligible for funds provided or link the training to industry-accepted follows: under clause (i), due to barriers in meeting occupational skill standards, certificates, or (c) Demonstration Programs and Projects those partnership eligibility criteria, on a licensing requirements. To Provide Technical Skills Training for national, multi state, regional, or rural area (B) Requirements for Grant Applications.— Workers.— (such as rural telework programs) basis. Applications for grants shall—(i) articulate (1) In General.— (B) Designation of Responsible Fiscal the level of skills that workers will be trained (A) Funding.—The Secretary of Labor shall Agents.— Each partnership formed under for and the manner by which attainment of use funds available under section 286(s)(2) of subparagraph (A) shall designate a those skills will be measured; (ii) include an the Immigration and Nationality Act (8 responsible fiscal agent to receive and agreement that the program or project shall U.S.C. 1356(s)(2)) to establish demonstration disburse grant funds under this subsection. be subject to evaluation by the Secretary of programs or projects to provide technical (C) Partnership Considerations.— Labor to measure its effectiveness; and (iii) in skills training for workers, including both Consideration in the awarding of grants shall the case of an application for a grant under employed and unemployed workers. be given to any partnership that involves and subsection (c)(2)(A)(ii), explain what barriers (B) Training Provided.—Training funded directly benefits more than one small prevent the strategy from being implemented by a program or project described in business (each consisting of 100 employees through a grant made under subsection subparagraph (A) shall be for persons who or less). (c)(2)(A)(i). are currently employed and who wish to (D) Allocation of Grants.—In making grants (5) Matching Funds.—Each application for obtain and upgrade skills as well as for under this paragraph, the Secretary shall a grant to carry out a program or project persons who are unemployed. Such training make every effort to fairly distribute grants described in paragraph (1)(A) shall state the is not limited to skills levels commensurate across rural and urban areas, and across the manner by which the partnership will with a four-year undergraduate degree, but different geographic regions of the United provide non-Federal matching resources should include the preparation of workers for States. The total amount of grants awarded to (cash, or in-kind contributions, or both) equal a broad range of positions along a career carry out programs and projects described in to at least 50 percent of the total grant ladder. Consideration shall be given to the paragraph (1)(A) shall be allocated as follows: amount awarded under paragraph (2)(A)(i), use of grant funds to demonstrate a (i) At least 80 percent of the grants shall and at least 100 percent of the total grant significant ability to expand a training be awarded to programs and projects that amount awarded under paragraph (2)(A)(ii). program or project through such means as train employed and unemployed workers in At least one-half of the non-Federal matching training more workers or offering more skills in high technology, information funds shall be from the business or courses, and training programs or projects technology, and biotechnology, including businesses or business-related nonprofit resulting from collaborations, especially with skills needed for software and organizations involved. Consideration in the award of grants shall be given to applicants more than one small business or with a labor- communications services, that provide a specific commitment or management training program or project. The telecommunications, systems installation and commitments of resources from other public need for the training shall be justified integration, computers and communications or private sources, or both, so as to through reliable regional, state, or local data. hardware, advanced manufacturing, health demonstrate the long-term sustainability of (2) Grants.— care technology, biotechnology and the training program or project after the grant (A) Eligibility.— To carry out the programs biomedical research and manufacturing, and expires. and projects described in paragraph (1)(A), innovation services. (6) Administrative Costs.—An entity that the Secretary of Labor shall, in consultation (ii) No more than 20 percent of the grants receives a grant to carry out a program or with the Secretary of Commerce, subject to shall be available to programs and projects project described in paragraph (1)(A) may not the availability of funds in the H–1B that train employed and unemployed use more than 10 percent of the amount of Nonimmigrant Petitioner Account, award— workers for skills related to any single the grant to pay for administrative costs (i) 75 percent of the grants to a local specialty occupation, as defined in section associated with the program or project. workforce investment board established 214(i) of the Immigration and Nationality under section 116(b) or section 117 of the Act. (2)INA Workforce Investment Act of 1998 (29 U.S.C. (3) Start-Up Funds.— The Immigration and Nationality Act 2832) or consortia of such boards in a region. (A) In General.—Except as provided in (INA)(section 101(a)(15) (H)(i)(b))(8 U.S.C Each workforce investment board or subparagraph (B), not more than 5 percent of 1101 (a)(15)(H)(i)(B)) defines the H–1B alien consortia of boards receiving grant funds any single grant, or not to exceed $75,000, as one ‘‘who is coming temporarily to the shall represent a local or regional public- whichever is less, may be used toward the United States to perform services in a private partnership consisting of at least— start-up costs of partnerships or new training specialty occupation * * * or as a fashion (I) one workforce investment board; programs and projects. model * * * ’’

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The INA (Section 214(i)) sets criteria to (B) attainment of a bachelor’s or higher practice in the occupation, if such licensure define the term ‘‘specialty occupation:’’ degree in the specific specialty (or its is required to practice in the occupation, (1) For purposes of section equivalent) as a minimum for entry into the (B) completion of the degree described in 1101(a)(15)(H)(i)(b) and paragraph 2, a occupation in the United States. paragraph (1)(B) for the occupation, or (C)(i) ‘‘specialty occupation’’ means an occupation (2) For purposes of section experience in the specialty equivalent to the that requires—(A) theoretical and practical 1101(a)(15)(H)(i)(b)), the requirements of this completion of such degree, and (ii) recognition of expertise in the specialty application of a body of highly specialized paragraph with respect to a specialty through progressively responsible positions knowledge and, occupation are—(A) full state licensure to relating to the specialty.

APPENDIX B.—H–1B PETITIONS APPROVED IN FISCAL YEAR 2001 FOR TOP 10 MAJOR OCCUPATIONAL GROUPS AND TOP 23 DETAILED OCCUPATIONS, SOURCE: INS, JULY 2002

Group Detailed LCA* Occupations rank rank code Total Percent

Computer-related ...... 1 ...... 03 191,397 58.0 Systems analysis and programming ...... 1 030 171,784 52.1 Occupations not elsewhere classified (n.e.c.) ...... 3 039 13,661 4.1 Data communications and networks ...... 17 031 2,618 0.8 Computer systems technical support ...... 18 033 2,590 0.8 Architecture, engineering and surveying ...... 2 ...... 00/01 40,388 -2.2 Electrical/Electronics engineering ...... 2 ...... 003 15,356 4.7 Occupations n.e.c...... 6 019 8,404 3.4 Mechanical engineering ...... 10 007 4,815 1.5 Architectural ...... 15 001 2,937 0.9 Civil engineering ...... 19 005 2,534 0.8 Industrial engineering ...... 23 012 2,184 0.7 Administrative specializations ...... 3 ...... 16 23,794 7.2 Accountants, auditors and related occupations ...... 5 160 11,076 3.4 Occupations n.e.c...... 13 169 3,279 1.0 Budget and management systems ...... 14 161 3,245 1.0 Sales and distribution management ...... 21 163 2,415 0.7 Education ...... 4 ...... 09 17,431 5.3 College and university education ...... 4 090 12,183 3.7 Preschool, primary school and kindergarten education ...... 20 092 2,534 0.7 Managers and officials ...... 5 ...... 18 12,423 3.8 Miscellaneous n.e.c...... 7 189 6,864 2.1 Medicine and health ...... 6 ...... 07 11,334 3.4 Physicians and surgeons ...... 12 070 4,541 1.4 Occupations n.e.c...... 16 079 2,827 0.9 Life Sciences ...... 7 ...... 04 6,492 2.0 Biological Sciences ...... 11 041 4,813 1.5 Social Sciences ...... 8 ...... 05 6,145 1.9 Economics ...... 8 050 5,733 1.7 Mathematics and physical sciences ...... 9 ...... 02 5,772 1.7 Chemistry ...... 22 022 2,360 0.7 Miscellaneous professional, technical & managerial ...... 10 ...... 19 5,662 1.7 Occupations n.e.c...... 9 199 5,106 1.5 *Labor Condition Application code

Appendix E—Project Profile training is more advanced than pre-career within a Metropolitan Statistical Area (MSA). Information ladder but still constitutes foundation If within a MSA, the area is considered preparation rather than training specifically urban, otherwise, rural. Applicant Name: llllllllllll addressing a specialty occupation at the H– Degrees/certificates expected [list by type. Project Title: llllllllllllll 1B visa level. The H–1B visa level requires name and number]: Occupations and Number of individuals to be ‘‘a theoretical and practical application of a Trained [list]: body of highly specialized knowledge and [FR Doc. 03–193 Filed 1–3–03; 8:45 am] Level of Training: attainment of a bachelor’s or higher degree in BILLING CODE 4510–30–P a. Pre-career ladderlll the specialty.’’ b. Lower career ladderlll Targeted Population: c. Mid-career ladderlll a. Incumbent workerslll d. H–1B visa level (bachelor’s degree or b. Unemployed workerslll equivalent, professionally recognized certificate training)lll Note: incumbent workers are those currently employed by a specific company or Note: Pre-Career Ladder training refers to business. Unemployed workers are those training that is meant to prepare someone for workers not currently employed, but still part development along a career path. This may include basic literacy classes, GED classes, of the labor force. basic computer skills training, ESL Geographic area served: education, or other low level training that in a. Rurallll and of itself will not prepare the student to b. Urbanlll hold a job on an H–1B level career ladder. Note: A general delineation of urban/rural Lower career ladder and mid-career level is whether the geographic area served in

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DEPARTMENT OF LABOR and is not a delegation or grant of Comparable Replacement Standards (If government authority. As a result of Applicable) Occupational Safety and Health recognition, employers may use UL 1598 Luminaries (already included Administration products ‘‘properly certified’’ by the in NRTL’s scope) [Docket Nos. NRTL1–88, NRTL1–89, NRTL to meet OSHA standards that NRTL2–90, NRTL3–90, NRTL2–92, NRTL3– require testing and certification. Canadian Standards Association (CSA) 92, NRTL1–93, NRTL2–93, NRTL3–93, In testing and certifying (i.e., [Docket No. NRTL2–92] NRTL4–93, NRTL1–97, NRTL1–98, NRTL1– approving) such products, NRTLs must Withdrawn or Replaced Standards 99, NRTL1–2001, NRTL2–2001] demonstrate that the products conform ANSI C37.71 Three Phase, Manually Modify Scope of Recognition of NRTLs to ‘‘appropriate test standards.’’ This term is defined under 29 CFR 1910.7(c) Operated Subsurface Load AGENCY: Occupational Safety and Health and essentially means consensus-based Interrupting Switches for Alternating- Administration (OSHA), Labor. product safety test standards developed Current Systems ACTION: Notice. and maintained current by U.S.-based ANSI Z21.10.2 Water Heaters— standards developing organizations Sidearm Type Water Heaters SUMMARY: This notice modifies the (SDOs). Such test standards are not ANSI Z21.11.1 Gas-Fired Room scope of recognition of certain OSHA standards, which are general Heaters—Vented Room Heaters Nationally Recognized Testing requirements that employers must meet, ANSI Z21.48 Gas-Fired Gravity and Laboratories (NRTLs). but, individually, specify technical Fan Type Floor Furnaces EFFECTIVE DATE: January 6, 2003. safety requirements that a particular ANSI Z21.49 Gas-Type Gravity and FOR FURTHER INFORMATION CONTACT: type of product must meet. Fan Type Vented Wall Furnaces Bernard Pasquet, Office of Technical ANSI Z83.3 Gas Utilization Equipment OSHA recognizes each NRTL for a in Large Boilers Programs and Coordination Activities, particular scope of recognition, which NRTL Program, Occupational Safety and ANSI Z83.17 Direct Gas Fired Door includes a list of those product safety Heaters Health Administration, U.S. Department test standards that the NRTL may use in of Labor, 200 Constitution Avenue, UL 198B Class H Fuses approving products. As a normal part of UL 198C High-Interrupting-Capacity NW., Room N3653, Washington, DC its operations, an SDO occasionally 20210, or phone (202) 693–2110. Fuses, Current Limiting Type withdraws existing test standards or UL 198D Class K Fuses SUPPLEMENTARY INFORMATION: The adopts replacement test standards. In UL 198E Class R Fuses Occupational Safety and Health such cases, OSHA can no longer UL 198F Plug Fuses Administration (OSHA) hereby gives consider the withdrawn or replaced UL 198G Fuse for Supplementary notice of changes to the scope of standards as ‘‘appropriate,’’ and as a Overcurrent Protection recognition of the Nationally result, the Agency can no longer UL 198H Class T Fuses Recognized Testing Laboratories recognize NRTLs for the standard. UL 198L D–C Fuses for Industrial Use (NRTLs) listed below. Specifically, some To substitute other test standards for ANSI/NEMA 250 Enclosures for of the test standards that OSHA those we are removing, under our Electrical Equipment currently includes in the scope of policy, the NRTL may request or OSHA UL 910 Test for Flame-Propagation recognition of these NRTLs are no can provide recognition for comparable and Smoke-Density Values for longer ‘‘appropriate test standards’’ test standards, i.e., other appropriate Electrical and Optical-Fiber Cables primarily because they have been test standards covering comparable Used in Spaces Transporting withdrawn or replaced. As a result, we product testing. We list these test Environmental Air will delete them from the scope of standards below for each NRTL under UL 1087 Molded-Case Switches recognition of each affected NRTL, as the headings ‘‘Comparable Replacement UL 1244 Electrical and Electronic listed below in this notice. This Standards.’’ In one case (UL 1598), Measuring and Testing Equipment** modification in scope will be noted by OSHA already includes the comparable UL 1270 Radio Receivers, Audio making appropriate changes to the test standard in the NRTL’s scope. Systems, and Accessories listing of test standards in our However, in many cases, there is no UL 1409 Low-Voltage Video Products informational Web page for each NRTL, replacement standard or the NRTL did Without Cathode-Ray-Tube Displays which detail OSHA’s official scope of not request one prior to publication of UL 1410 Television Receivers and recognition for the NRTL. These Web this notice. However, if we receive such High-Voltage Video Products pages can be accessed at http:// a request after publication of this notice UL 1570 Fluorescent Lighting Fixtures www.osha-slc.gov/dts/otpca/nrtl/ and determine the test standard is UL 1571 Incandescent Lighting index.html. In this notice, we list the ‘‘comparable,’’ as described above, Fixtures test standards to be removed for each OSHA will add it to the NRTL’s scope UL 1572 High Intensity Discharge NRTL below under the heading of recognition and therefore to OSHA’s Lighting Fixtures ‘‘Withdrawn or Replaced Standards.’’ informational web page for the NRTL. UL 3101–1 Electrical Equipment for We provide the following information Laboratory Use; Part 1: General for those who may be unfamiliar with Applied Research Laboratories, Inc. Requirements OSHA requirements concerning NRTLs. (ARL) UL 3101–2–20 Electrical Equipment OSHA recognition of any NRTL [Docket No. NRTL1–97] for Laboratory Use; Part 2: Laboratory signifies that the organization has met Centrifuges the legal requirements in section 1910.7 Withdrawn or Replaced Standards UL 3111–1 Electrical Measuring and of Title 29, Code of Federal Regulations Test Equipment; Part 1: General UL 1570 Fluorescent Lighting Fixtures (29 CFR 1910.7). Recognition is an Requirements** acknowledgment that the organization UL 1571 Incandescent Lighting UL 3121–1 Process Control Equipment can perform independent safety testing Fixtures UL 8730–1 Electrical Controls for and certification of the specific products UL 1572 High Intensity Discharge Household and Similar Use; Part 1: covered within its scope of recognition Lighting Fixtures General Requirements

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UL 8730–2–3 Automatic Electrical for Thermal Protectors for Ballasts for UL 1410 Television Receivers and Controls for Household and Similar Tubular Fluorescent Lamps High-Voltage Video Products Use; Part 2: Particular Requirements UL 60730–2–6 Automatic Electrical UL 1570 Fluorescent Lighting Fixtures for Thermal Motor Protectors for Controls for Household and Similar UL 1571 Incandescent Lighting Ballasts for Tubular Fluorescent Use; Part 2: Particular Requirements Fixtures Lamps for Automatic Electrical Pressure UL 1572 High Intensity Discharge UL 8730–2–4 Automatic Electrical Sensing Controls Including Lighting Fixtures Controls for Household and Similar Mechanical Requirements UL 3101–1 Electrical Equipment for Use; Part 2: Particular Requirements UL 60730–2–7 Automatic Electrical Laboratory Use; Part 1: General for Thermal Motor Protectors for Controls for Household and Similar Requirements Motor Compressors or Hermetic and Use; Part 2: Particular Requirements UL 3111–1 Electrical Measuring and Semi-Hermetic Type** for Timers and Time Switches UL 8730–2–6 Automatic Electrical UL 60730–2–10A Automatic Electrical Test Equipment; Part 1: General Controls for Household and Similar Controls for Household and Similar Requirements** Use; Part 2: Particular Requirements Use; Part 2: Particular Requirements UL 8730–1 Electrical Controls for for Automatic Electrical Pressure for Motor Starting Relays Household and Similar Use; Part 1: Sensing Controls Including UL 60730–2–11A Automatic General Requirements Mechanical Requirements Electrical Controls for Household and UL 8730–2–3 Automatic Electrical UL 8730–2–7 Automatic Electrical Similar Use; Part 2: Particular Controls for Household and Similar Controls for Household and Similar Requirements for Energy Regulators Use; Part 2: Particular Requirements Use; Part 2: Particular Requirements UL 60730–2–12A Automatic Electrical for Thermal Motor Protectors for for Timers and Time Switches Controls for Household and Similar Ballasts for Tubular Fluorescent UL 8730–2–8 Automatic Electrical Use; Part 2: Particular Requirements Lamps Controls for Household and Similar for Electrically Operated Door Locks UL 8730–2–4 Automatic Electrical Use; Part 2: Particular Requirements UL 60730–2–13A Automatic Electrical Controls for Household and Similar for Electrically Operated Water Valves Controls for Household and Similar Use; Part 2: Particular Requirements UL 8730–2–9 Automatic Electrical Use; Part 2: Particular Requirements for Thermal Motor Protectors for Controls for Household and Similar for Humidity Sensing Controls Motor Compressors or Hermetic and Use; Part 2: Particular Requirements UL 60730–2–14 Automatic Electrical Semi-Hermetic Type** for Temperature Sensing Controls** Controls for Household and Similar UL 8730–2–8 Automatic Electrical UL 8730–2–14 Automatic Electrical Use; Part 2: Particular Requirements Controls for Household and Similar Controls for Household and Similar for Electric Actuators Use; Part 2: Particular Requirements Use; Part 2: Particular Requirements UL 60730–2–16A Automatic Electrical for Electrically Operated Water Valves for Electric Actuators Controls for Household and Similar Comparable Replacement Standards (If UL 60730–2–10 Automatic Electrical Use; Part 2: Particular Requirements Applicable) Controls for Household and Similar for Automatic Electrical Water Level Use; Part 2: Particular Requirements Controls UL 1598 Luminaries (already included for Electrically-Operated Motor UL 61010A–1 Electrical Equipment for in NRTL’s scope) Starting Relays Laboratory Use; Part 1: General UL 60730–1A Automatic Electrical UL 60730–2–11 Automatic Electrical Requirements Controls for Household and Similar Controls for Household and Similar UL 61010A–2–020 Electrical Use; Part 1: General Requirements Use; Part 2: Particular Requirements Equipment for Laboratory Use; Part 2: UL 60730–2–3 Automatic Electrical for Energy Regulators Particular Requirements for Controls for Household and Similar UL 60730–2–12 Automatic Electrical Laboratory Centrifuges Use; Part 2: Particular Requirements Controls for Household and Similar UL 61010C–1 Process Control for Thermal Protectors for Ballasts for Use; Part 2: Particular Requirements Equipment Tubular Fluorescent Lamps for Electrically-Operated Doors UL 60730–2–13 Automatic Electrical Curtis-Straus LLC (CSL) UL 60730–2–16A Automatic Electrical Controls for Household and Similar Controls for Household and Similar [Docket No. NRTL–1–99] Use; Part 2: Particular Requirements Use; Part 2: Particular Requirements for Humidity Sensing Controls Withdrawn or Replaced Standards for Automatic Electrical Water Level UL 60730–2–16 Automatic Electrical UL 3101–1 Electrical Equipment for Controls Controls for Household and Similar Laboratory Use; Part 1: General UL 61010A–1 Electrical Equipment Use; Part 2: Particular Requirements Requirements For Laboratory Use; Part 1: General for Automatic Electrical Water Level- Requirements Operating Controls of the Float Type Comparable Replacement Standards (If Applicable) FM Global Technologies LLC (FMGT) for Household and Similar [formerly Factory Mutual Research Applications UL 61010A–1 Electrical Equipment for Corporation] Laboratory Use; Part 1: General Comparable Replacement Standards (If Requirements [Docket No. NRTL3–93] Applicable) Withdrawn or Replaced Standards UL 1598 Luminaries (already included Entela, Inc. (ENT) in NRTL’s scope) [Docket No. NRTL2–93] ANSI S12.12 Nonincendive Electrical UL 60730–1A Automatic Electrical Equipment for Use in Class I and II, Controls for Household and Similar Withdrawn or Replaced Standards Division 2, and Class III, Divisions 1 Use; Part 1: General Requirements UL 1244 Electrical and Electronic and 2, Hazardous (Classified) UL 60730–2–3 Automatic Electrical Measuring and Testing Equipment** Locations Controls for Household and Similar UL 1270 Radio Receivers, Audio ANSI/NEMA 250 Enclosures for Use; Part 2: Particular Requirements Systems, and Accessories Electrical Equipment

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Comparable Replacement Standards (If Use; Part 2: Particular Requirements Comparable Replacement Standards (If Applicable) for Thermal Motor Protectors for Applicable) ANSI 12.12.01 Nonincendive Ballasts for Tubular Fluorescent Lamps UL 1598 Luminaries (already included Electrical Equipment for Use in Class in NRTL’s scope) I and II, Division 2 and Class III, UL 8730–2–4 Automatic Electrical Divisions 1 and 2 Hazardous Controls for Household and Similar UL 61010A–1 Electrical Equipment (Classified) Locations Use; Part 2: Particular Requirements For Laboratory Use; Part 1: General for Thermal Motor Protectors for Requirements Intertek Testing Services NA, Inc. Motor Compressors or Hermetic and (ITSNA) Semi-Hermetic Type** National Technical Systems, Inc. (NTS) [Docket No. NRTL1–89] UL 8730–2–7 Automatic Electrical [Docket No. NRTL1–98] Controls for Household and Similar Withdrawn or Replaced Standards Use; Part 2: Particular Requirements Withdrawn or Replaced Standards ANSI S12.12 Nonincendive Electrical for Timers and Time Switches UL 3101–1 Electrical Equipment for UL 8730–2–8 Automatic Electrical Equipment for Use in Class I and II, Laboratory Use; Part 1: General Controls for Household and Similar Division 2, and Class III, Divisions 1 Requirements and 2, Hazardous (Classified) Use; Part 2: Particular Requirements for Electrically Operated Water Valves UL 3111–1 Electrical Measuring and Locations Test Equipment; Part 1: General ANSI Z21.11.1 Gas-Fired Room Comparable Replacement Standards (If Requirements** Heaters—Vented Room Heaters Applicable) ANSI Z21.48 Gas-Fired Gravity and Comparable Replacement Standards (If ANSI 12.12.01 Nonincendive Fan Type Floor Furnaces Applicable) ANSI Z21.49 Gas-Type Gravity and Electrical Equipment for Use in Class Fan Type Vented Wall Furnaces I and II, Division 2 and Class III, UL 61010A–1 Electrical Equipment UL 136 Pressure Cookers (not Divisions 1 and 2 Hazardous For Laboratory Use; Part 1: General appropriate—no NRTL approval (Classified) Locations Requirements UL 1598 Luminaries (already included requirement) SGS U.S. Testing Company, Inc. UL 198B Class H Fuses in NRTL’s scope) UL 60730–1A Automatic Electrical (SGSUS) UL 198D Class K Fuses UL 198E Class R Fuses Controls for Household and Similar [Docket No. NRTL2–90] Use; Part 1: General Requirements UL 198F Plug Fuses Withdrawn or Replaced Standards UL 198G Fuse for Supplementary UL 60730–2–3 Automatic Electrical Overcurrent Protection Controls for Household and Similar Use; Part 2: Particular Requirements UL 1270 Radio Receivers, Audio UL 198H Class T Fuses Systems, and Accessories UL 198L D-C Fuses for Industrial Use for Thermal Protectors for Ballasts for ANSI/NEMA 250 Enclosures for Tubular Fluorescent Lamps UL 1571 Incandescent Lighting Electrical Equipment UL 60730–2–7 Automatic Electrical Fixtures UL 900 Air-Filter Units (not Controls for Household and Similar UL 3101–1 Electrical Equipment for appropriate—no NRTL approval Use; Part 2: Particular Requirements Laboratory Use; Part 1: General requirement) for Timers and Time Switches Requirements UL 60730–2–16A Automatic Electrical UL 910 Test for Flame-Propagation UL 3111–1 Electrical Measuring and and Smoke-Density Values for Controls for Household and Similar Use; Part 2: Particular Requirements Test Equipment; Part 1: General Electrical and Optical-Fiber Cables Requirements** Used in Spaces Transporting for Automatic Electrical Water Level Environmental Air Controls Comparable Replacement Standards (If UL 1244 Electrical and Electronic UL 61010A–1 Electrical Equipment Applicable) Measuring and Testing Equipment** For Laboratory Use; Part 1: General UL 1270 Radio Receivers, Audio Requirements UL 1492 Audio-Video Products and Systems, and Accessories MET Laboratories, Inc. (MET) Accessories UL 1409 Low-Voltage Video Products UL 1598 Luminaries (already included [Docket No. NRTL1–88] Without Cathode-Ray-Tube Displays in NRTL’s scope) UL 1410 Television Receivers and Withdrawn or Replaced Standards UL 61010A–1 Electrical Equipment High-Voltage Video Products UL 1244 Electrical and Electronic For Laboratory Use; Part 1: General UL 1570 Fluorescent Lighting Fixtures Measuring and Testing Equipment** Requirements UL 1571 Incandescent Lighting UL 1270 Radio Receivers, Audio Fixtures Systems, and Accessories Southwest Research Institute (SWRI) UL 1572 High Intensity Discharge UL 1409 Low-Voltage Video Products [Docket No. NRTL–3–90] Lighting Fixtures Without Cathode-Ray-Tube Displays UL 3101–1 Electrical Equipment for UL 1410 Television Receivers and Withdrawn or Replaced Standards Laboratory Use; Part 1: General High-Voltage Video Products UL 910 Test for Flame-Propagation Requirements UL 1570 Fluorescent Lighting Fixtures UL 3111–1 Electrical Measuring and UL 1571 Incandescent Lighting and Smoke-Density Values for Test Equipment; Part 1: General Fixtures Electrical and Optical-Fiber Cables Requirements** UL 3101–1 Electrical Equipment for Used in Spaces Transporting UL 8730–1 Electrical Controls for Laboratory Use; Part 1: General Environmental Air Household and Similar Use; Part 1: Requirements Comparable Replacement Standards (If General Requirements UL 3111–1 Electrical Measuring and Applicable) UL 8730–2–3 Automatic Electrical Test Equipment; Part 1: General Controls for Household and Similar Requirements** None

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TUV America, Inc. (TUVAM) Use; Part 2: Particular Requirements ANSI Z21.37 Approval Requirements [Docket No. NRTL–2–2001] for Thermal Motor Protectors for for Dual Oven Type Combination Gas Motor Compressors or Hermetic and Ranges Withdrawn or Replaced Standards Semi-Hermetic Type** ANSI Z21.48 Gas-Fired Gravity and UL 1244 Electrical and Electronic UL 8730–2–8 Automatic Electrical Fan Type Floor Furnaces Measuring and Testing Equipment** Controls for Household and Similar ANSI Z21.49 Gas-Type Gravity and UL 3101–1 Electrical Equipment for Use; Part 2: Particular Requirements Fan Type Vented Wall Furnaces Laboratory Use; Part 1: General for Electrically Operated Water Valves ANSI Z21.53 Gas-Fired Heavy Duty Requirements Forced Air Heaters Comparable Replacement Standards (If ANSI Z21.55 Gas-Fired Sauna Heaters UL 3111–1 Electrical Measuring and Applicable) Test Equipment; Part 1: General ANSI Z21.70 Earthquake Actuated Requirements** UL 1262 Laboratory Equipment Automatic Gas Shutoff Systems (requested by NRTL) ANSI Z83.3 Gas Utilization Equipment Comparable Replacement Standards (If UL 1598 Luminaries (already included in Large Boilers Applicable) in NRTL’s scope) ANSI Z83.10 Separated Combustion UL 61010A–1 Electrical Equipment UL 60730–1A Automatic Electrical System Central Furnaces For Laboratory Use; Part 1: General Controls for Household and Similar ANSI Z83.17 Direct Gas Fired Door Requirements Use; Part 1: General Requirements Heaters UL 60730–2–3 Automatic Electrical UL 198B Class H Fuses TUV Product Services GmbH (TUVPSG) Controls for Household and Similar UL 198C High-Interrupting-Capacity [Docket No. NRTL–1–2001] Use; Part 2: Particular Requirements Fuses, Current Limiting Type for Thermal Protectors for Ballasts for UL 198D Class K Fuses Withdrawn or Replaced Standards Tubular Fluorescent Lamps UL 198E Class R Fuses UL 3101–1 Electrical Equipment for UL 60730–2–16A Automatic Electrical UL 198F Plug Fuses Laboratory Use; Part 1: General Controls for Household and Similar UL 198G Fuse for Supplementary Requirements Use; Part 2: Particular Requirements Overcurrent Protection UL 3111–1 Electrical Measuring and for Automatic Electrical Water Level UL 198H Class T Fuses Test Equipment; Part 1: General Controls UL 198L D–C Fuses for Industrial Use Requirements** UL 61010A–1 Electrical Equipment ANSI/NEMA 250 Enclosures for For Laboratory Use; Part 1: General Electrical Equipment Comparable Replacement Standards (If Requirements UL 900 Air-Filter Units (not Applicable) UL 61010C–1 Process Control appropriate—no NRTL approval UL 61010A–1 Electrical Equipment Equipment requirement) For Laboratory Use; Part 1: General UL 910 Test for Flame-Propagation Underwriters Laboratories Inc. (UL) Requirements and Smoke-Density Values for [Docket No. NRTL4–93] Electrical and Optical-Fiber Cables TUV Rheinland of North America, Inc. Used in Spaces Transporting (TUV) Withdrawn or Replaced Standards Environmental Air [Docket No. NRTL3–92] ANSI C37.71 Three Phase, Manually UL 1087 Molded-Case Switches Operated Subsurface Load UL 1244 Electrical and Electronic Withdrawn or Replaced Standards Interrupting Switches for Alternating- Measuring and Testing Equipment** UL 136 Pressure Cookers (not Current Systems UL 1270 Radio Receivers, Audio appropriate—no NRTL approval ANSI C57.12.13 Liquid-Filled Systems, and Accessories requirement) Transformers Used in Unit UL 1409 Low-Voltage Video Products UL 1409 Low-Voltage Video Products Installations including Unit Without Cathode-Ray-Tube Displays Without Cathode-Ray-Tube Displays Substations-Conformance UL 1410 Television Receivers and UL 1570 Fluorescent Lighting Fixtures Requirements High-Voltage Video Products UL 1571 Incandescent Lighting ANSI C57.12.21 Pad Mounted UL 1570 Fluorescent Lighting Fixtures Fixtures Compartmental-Type Self-Cooled UL 1571 Incandescent Lighting UL 1572 High Intensity Discharge Single-Phase Distribution Fixtures Lighting Fixtures Transformers with High Voltage UL 1572 High Intensity Discharge UL 3101–1 Electrical Equipment for Bushings; 167 kVA and Smaller Lighting Fixtures Laboratory Use; Part 1: General ANSI C57.12.27 Liquid Filled UL 3101–1 Electrical Equipment for Requirements Distribution Transformers Used in Laboratory Use; Part 1: General UL 3111–1 Electrical Measuring and Pad Mounted Installations, Including Requirements Test Equipment; Part 1: General Unit Substations-Conformance UL 3101–2–20 Electrical Equipment Requirements** Requirements for Laboratory Use; Part 2: Laboratory UL 3121–1 Process Control Equipment ANSI C62.1 Gapped Silicon-Carbide Centrifuges Electrical Equipment for UL 8730–1 Electrical Controls for Surge Arresters for AC Power Circuits Laboratory Use; Part 1: General Household and Similar Use; Part 1: ANSI Z21.10.2 Water Heaters-Sidearm Requirements General Requirements Type Water Heaters UL 3111–1 Electrical Measuring and UL 8730–2–3 Automatic Electrical ANSI Z21.11.1 Gas-Fired Room Test Equipment; Part 1: General Controls for Household and Similar Heaters-Vented Room Heaters Requirements** Use; Part 2: Particular Requirements ANSI Z21.14 Approval Requirements UL 3121–1 Process Control Equipment for Thermal Motor Protectors for for Industrial Gas Boilers UL 8730–1 Electrical Controls for Ballasts for Tubular Fluorescent ANSI Z21.16 Gas Unit Heaters Household and Similar Use; Part 1: Lamps ANSI Z21.29 Listing Requirements for General Requirements UL 8730–2–4 Automatic Electrical Furnace Temperature Limit Controls UL 8730–2–3 Automatic Electrical Controls for Household and Similar and Fan Controls Controls for Household and Similar

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Use; Part 2: Particular Requirements UL 60730–2–6 Automatic Electrical UL 3111–1 Electrical Measuring and for Thermal Motor Protectors for Controls for Household and Similar Test Equipment; Part 1: General Ballasts for Tubular Fluorescent Use; Part 2: Particular Requirements Requirements* Lamps for Automatic Electrical Pressure *Note on addition of UL 3111–1 to Wyle’s UL 8730–2–4 Automatic Electrical Sensing Controls Including scope: This test standard is comparable to UL Controls for Household and Similar Mechanical Requirements 1244, which is currently included in Wyle’s Use; Part 2: Particular Requirements UL 60730–2–7 Automatic Electrical scope of recognition. Wyle requested the for Thermal Motor Protectors for Controls for Household and Similar addition of UL 3111–1 to its scope due to the Motor Compressors or Hermetic and Use; Part 2: Particular Requirements pending withdrawal of UL 1244. However, as Semi-Hermetic Type** for Timers and Time Switches noted in the note below, UL 3111–1 is also UL 8730–2–6 Automatic Electrical UL 60730–2–10A Automatic Electrical due to be replaced. Therefore, the following Controls for Household and Similar Controls for Household and Similar note also applies to the addition of this standard. Use; Part 2: Particular Requirements Use; Part 2: Particular Requirements for Automatic Electrical Pressure for Motor Starting Relays **Note on test standard to be withdrawn: Sensing Controls Including UL 60730–2–11A Automatic Electrical This standard is due to be withdrawn by the Mechanical Requirements Controls for Household and Similar standards development organization. UL 8730–2–7 Automatic Electrical Use; Part 2: Particular Requirements However, as of the date of this notice, the Controls for Household and Similar for Energy Regulators OSHA NRTL Program staff has not Use; Part 2: Particular Requirements UL 60730–2–12A Automatic Electrical determined whether or not there will be a for Timers and Time Switches Controls for Household and Similar replacement test standard. As a result, we UL 8730–2–8 Automatic Electrical Use; Part 2: Particular Requirements will not remove this standard from the scope of the NRTL upon publication of this notice. Controls for Household and Similar for Electrically Operated Door Locks UL 60730–2–13A Automatic Electrical Once we make the above determination, Use; Part 2: Particular Requirements OSHA will replace or remove this standard, for Electrically Operated Water Valves Controls for Household and Similar as appropriate. This note applies to the UL 8730–2–9 Automatic Electrical Use; Part 2: Particular Requirements following test standards : UL 1244, UL 3111– Controls for Household and Similar for Humidity Sensing Controls 1, UL 8730–2–4, and UL 8730–2–9. Use; Part 2: Particular Requirements UL 60730–2–14 Automatic Electrical In accordance with OSHA policy for Temperature Sensing Controls** Controls for Household and Similar pertaining to recognition of replacement UL 8730–2–14 Automatic Electrical Use; Part 2: Particular Requirements standards, the Agency only publishes Controls for Household and Similar for Electric Actuators one Federal Register notices to note the Use; Part 2: Particular Requirements UL 60730–2–16A Automatic Electrical changes to the NRTL’s scope of for Electric Actuators Controls for Household and Similar UL 60730–2–10 Automatic Electrical Use; Part 2: Particular Requirements recognition. Changes to each NRTL’s Controls for Household and Similar for Automatic Electrical Water Level recognition are limited to those Use; Part 2: Particular Requirements Controls described in this notice. All other terms for Electrically-Operated Motor UL 61010A–1 Electrical Equipment and conditions of each NRTL’s Starting Relays For Laboratory Use; Part 1: General recognition remain the same. UL 60730–2–11 Automatic Electrical Requirements Signed at Washington, DC this 17th day of Controls for Household and Similar UL 61010A–2–020 Electrical December, 2002. Use; Part 2: Particular Requirements Equipment for Laboratory Use; Part 2: John L. Henshaw, for Energy Regulators Particular Requirements for Assistant Secretary. UL 60730–2–12 Automatic Electrical Laboratory Centrifuges [FR Doc. 03–123 Filed 1–3–03; 8:45 am] UL 61010C–1 Process Control Controls for Household and Similar BILLING CODE 4510–26–P Use; Part 2: Particular Requirements Equipment for Electrically-Operated Doors Wyle Laboratories, Inc. (WL) UL 60730–2–13 Automatic Electrical DEPARTMENT OF LABOR Controls for Household and Similar [Docket No. NRTL1–93] Use; Part 2: Particular Requirements Withdrawn or Replaced Standards Occupational Safety and Health for Humidity Sensing Controls Administration UL 60730–2–16 Automatic Electrical UL 198B Class H Fuses UL 198C High-Interrupting-Capacity Controls for Household and Similar Fuses, Current Limiting Type [Docket No. NRTL–1–89] Use; Part 2: Particular Requirements UL 198D Class K Fuses for Automatic Electrical Water Level- UL 198E Class R Fuses Intertek Testing Services, NA, Inc., Operating Controls of the Float Type UL 198F Plug Fuses Application for Expansion of for Household and Similar UL 198G Fuse for Supplementary Recognition Applications Overcurrent Protection AGENCY: Occupational Safety and Health UL 198H Class T Fuses Comparable Replacement Standards (If Administration (OSHA), Labor. Applicable) UL 198L D–C Fuses for Industrial Use UL 1087 Molded-Case Switches ACTION: Notice. UL 1598 Luminaries (already included UL 1244 Electrical and Electronic in NRTL’s scope) Measuring and Testing Equipment** SUMMARY: This notice announces the UL 60730–1A Automatic Electrical UL 1570 Fluorescent Lighting Fixtures application of Intertek Testing Services, Controls for Household and Similar UL 1571 Incandescent Lighting NA, Inc., for expansion of its Use; Part 1: General Requirements Fixtures recognition as a Nationally Recognized UL 60730–2–3 Automatic Electrical Testing Laboratory under 29 CFR Controls for Household and Similar Comparable Replacement Standards (If 1910.7, and presents the Agency’s Use; Part 2: Particular Requirements Applicable) preliminary finding. This preliminary for Thermal Protectors for Ballasts for UL 1598 Luminaries (already included finding does not constitute an interim or Tubular Fluorescent Lamps in NRTL’s scope) temporary approval of this application.

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DATES: You may submit comments in notice to: Office of Technical Programs an additional site, which became response to this notice, or any request and Coordination Activities, NRTL effective on January 28, 2002 (67 FR for extension of the time to comment, by Program, Occupational Safety and 3912). (1) regular mail, (2) express or overnight Health Administration, U.S. Department The current address of the ITSNA delivery service, (3) hand delivery, (4) of Labor, Room N3653, 200 Constitution facilities already recognized by OSHA messenger service, or (5) FAX Avenue, NW., Washington, DC 20210. are: transmission (facsimile). Because of Or fax to (202) 693–1644. ITSNA Antioch, 2200 Wymore Way, security-related problems there may be FOR FURTHER INFORMATION CONTACT: Antioch, California 94509 a significant delay in the receipt of Bernard Pasquet, Office of Technical ITSNA Atlanta, 1950 Evergreen Blvd., comments by regular mail. Comments Programs and Coordination Activities, Suite 100, Duluth, Georgia 30096 (or any request for extension of the time NRTL Program, Room N3653 at the ITSNA Boxborough, 70 Codman Hill to comment) must be submitted by the address shown immediately above for Road, Boxborough, Massachusetts following dates: the program, or phone (202) 693–2110. 01719 Regular mail and express delivery SUPPLEMENTARY INFORMATION: ITSNA Cortland, 3933 U.S. Route 11, service: Your comments must be Cortland, New York 13045 postmarked by January 21, 2003. Notice of Application ITSNA Los Angeles, 27611 LaPaz Road, Hand delivery and messenger service: Suite C, Laguna Niguel, California Your comments must be received in the The Occupational Safety and Health 92677 OSHA Docket Office by January 21, Administration (OSHA) hereby gives ITSNA Madison, 8431 Murphy Drive, 2003. OSHA Docket Office and notice that Intertek Testing Services, Middleton, Wisconsin 53562 Department of Labor hours of operation NA, Inc. (ITSNA), has applied for ITSNA Minneapolis, 7250 Hudson are 8:15 a.m. to 4:45 p.m. expansion of its current recognition as Facsimile and electronic a Nationally Recognized Testing Blvd., Suite 100, Oakdale, Minnesota transmission: Your comments must be Laboratory (NRTL). ITSNA’s expansion 55128 sent by January 21, 2003. request covers the use of an additional ITSNA San Francisco, 1365 Adams testing site and additional test Court, Menlo Park, CA 94025 ADDRESSES: Regular mail, express ITSNA Sweden AB, Box 1103, S–164 delivery, hand-delivery, and messenger standards. OSHA’s current scope of #22, Kista, Stockholm, Sweden service: You must submit three copies of recognition for ITSNA may be found in your comments and attachments to the the following informational web page: ITSNA Totowa, 40 Commerce Way, Unit OSHA Docket Office, Docket NRTL1–89, http://www.osha-slc.gov/dts/otpca/nrtl/ B, Totowa, New Jersey 07512 Room N–2625, U.S. Department of its.html. ITSNA Vancouver, 211 Schoolhouse Labor, Occupational Safety and Health OSHA recognition of any NRTL Street, Coquitlam, British Columbia, Administration, 200 Constitution signifies that the organization has met V3K 4X9 Canada Avenue, NW., Washington, DC 20210. the legal requirements in Section 1910.7 ITSNA Hong Kong, 2/F., Garment Please contact the OSHA Docket Office of Title 29, Code of Federal Regulations Centre, 576 Castle Peak Road, at (202) 693–2350 for information about (29 CFR 1910.7). Recognition is an Kowloon, Hong Kong security procedures concerning the acknowledgment that the organization ITSNA Taiwan, 14/F., Huei Fung delivery of materials by express can perform independent safety testing Building, 27, Chung Shan North Road, delivery, hand delivery and messenger and certification of the specific products Sec. 3, Taipei 10451, Taiwan service. covered within its scope of recognition The current address of the additional Facsimile: If your comments, and is not a delegation or grant of ITSNA testing site covered by the including any attachments, are 10 pages government authority. As a result of expansion application is: or fewer, you may fax them to the OSHA recognition, employers may use ITSNA Lexington, 731 Enterprise Drive, Docket Office at (202) 693–1648. You products ‘‘properly certified’’ by the Lexington, Kentucky 40510 must include the docket number of this NRTL to meet OSHA standards that General Background on the notice, Docket NRTL1–89, in your require testing and certification. Applications comments. The Agency processes applications for Internet access to comments and initial recognition or for expansion or ITSNA has submitted an application, submissions: OSHA will place renewal of this recognition following dated February 16, 2001 (see Exhibit comments and submissions in response requirements in Appendix A to 29 CFR 39), to expand its recognition to use 54 to this notice on the OSHA Webpage 1910.7. This appendix requires that the additional test standards and a site http://www.osha.gov. Accordingly, Agency publish two notices in the located in Lexington, Kentucky. The OSHA cautions you about submitting Federal Register in processing an NRTL Program staff has determined that information of a personal nature (e.g., application. In the first notice, OSHA 13 of the 54 test standards cannot be social security number, date of birth). announces the application and provides included in the expansion because they There may be a lag time between when its preliminary finding and, in the either are not ‘‘appropriate test comments and submissions are received second notice, the Agency provides its standards,’’ within the meaning of 29 and when they are placed on the final decision on an application. These CFR 1910.7(c), or are already included Webpage. Please contact the OSHA notices set forth the NRTL’s scope of in ITSNA’s scope. The staff makes Docket Office at (202)693–2350 for recognition or modifications of this similar determinations in processing information about materials not scope. We maintain an informational expansion requests from any NRTL. available through the OSHA Webpage web page for each NRTL, which details Therefore, OSHA would approve 41 test and for assistance in using the Webpage its scope of recognition. These pages can standards for the expansion, which are to locate docket submissions. Comments be accessed from our Web site at http:/ listed below (see Expansion for and submissions will also be available /www.osha-slc.gov/dts/otpca/nrtl/ Standards section). for inspection and copying at the OSHA index.html. Expansion for Additional Site Docket Office at the address above. The most recent notices published by Extension of Comment Period: Submit OSHA for ITSNA’s recognition covered The application for the additional site requests for extensions concerning this an expansion of recognition to include contains information demonstrating that

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there are adequate procedures, in determining whether any NRTL UL 305 Panic Hardware equipment, and personnel to perform meets the requirements for recognition UL 331 Strainers for Flammable Fluids product safety testing. Those procedures under 29 CFR 1910.7. However, these and Anhydrous Ammonia are in general use throughout ITSNA’s programs help to define the scope of UL 555 Fire Dampers testing operations. Also, the application that recognition. UL 636 Holdup Alarm Units and information shows that Lexington is Systems Expansion for Additional Standards wholly-owned and operated by ITSNA. UL 746A Polymeric Materials—Short The NRTL Program staff performed an ITSNA also seeks recognition for Term Property Evaluations on-site review (assessment) of the testing and certification of products for UL 746B Polymeric Materials—Long facility on October 15–17, 2001. In the demonstration of conformance to the Term Property Evaluations on-site review report, dated December following 41 test standards, and OSHA UL 746E Polymeric Materials— 10, 2001 (see Exhibit 40), the program has determined the standards are Industrial Laminates, Filament staff recommended a ‘‘positive finding,’’ ‘‘appropriate,’’ within the meaning of 29 Wound Tubing, Vulcanized Fibre, and which means a positive CFR 1910.7(c). Materials Used in Printed Wiring recommendation on the recognition to ANSI A17.5 Elevators and Escalator Boards the Assistant Secretary. However, the Electrical Equipment UL 896 Oil-Burning Stoves Agency delayed processing of the ANSI C37.23* Metal Enclosed Bus and UL 1010 Receptacle-Plug applications pending resolution of Calculating Losses in Isolated-Phase Combinations for Use in Hazardous certain findings made by OSHA during Bus (Classified) Locations its audits of other ITSNA sites already ANSI ICS 2 Industrial Control Devices, UL 1034 Burglary Resistant Electric recognized. The NRTL Program staff Controllers and Assemblies Locking Mechanisms obtained information in October 2002, ANSI S82.02.02 Electrical Equipment UL 1088 Temporary Lighting Strings which resolved these findings, and for Measurement, Control, and UL 1241 Junction Boxes for Swimming determined that OSHA may proceed Laboratory Use Pool Lighting Fixtures with processing the application. ANSI Z8.1 Commercial Laundry and UL 1242 Intermediate Metal Conduit OSHA’s recognition of the additional Dry-cleaning Operations-Safety UL 1610 Central-Station Burglar- site would not be limited to any Requirements Alarm Units particular test standards. However, ANSI Z21.1b Household Cooking Gas UL 1637 Home Health Care Signaling recognition of this site would be limited Appliances Equipment to performing product testing only to ANSI Z21.19 Refrigerators Using Gas UL 2200 Stationary Engine Generator the test standards for which the site has Fuel Assemblies the proper capability and programs, and ANSI Z21.22 Relief Valves and FMRC3260 Flame Radiation Detectors for which OSHA has recognized ITSNA. Automatic Gas Shutoff Devices for for Automatic Fire Alarm Signaling This treatment is consistent with the Hot Water Supply Systems UL 603351 Safety of Household and recognition that OSHA has granted to ANSI Z21.41 Quick-Disconnect Similar Electrical Appliances, Part 1; other NRTLs that operate multiple sites. Devices for Use with Gas Fuel General Requirements The Agency would not recognize the ANSI Z21.42 Gas-Fired Illuminating • This standard is approved for site to issue certifications under Appliances ITSNA’s NRTL operations. Currently, ANSI Z21.45 Flexible Connectors of equipment or materials intended for use ITSNA issues such certifications only at Other Than All-Metal Construction in commercial and industrial power specific sites listed above, and OSHA for Gas Appliances system applications. This standard is must review and accept the Lexington ANSI Z21.54 Gas Hose Connectors for not approved for equipment or materials site before ITSNA issues certifications Portable Outdoor Gas-Fired intended for use in installations that are there. In addition, OSHA would permit Appliances excluded from the provisions of Subpart the site to use all eight of the ANSI Z21.61 Gas-Fired Toilets S in 29 CFR 1910 by 1910.302(a)(2). ‘‘supplemental’’ programs. ITSNA’s ANSI Z21.66 Automatic Vent Damper OSHA’s recognition of ITSNA, or any scope of recognition already includes Devices for Use With Gas-Fired NRTL, for a particular test standard is these programs. Appliances Electrically Operated limited to equipment or materials (i.e., OSHA has described the ANSI Z21.69 Connectors for Movable products) for which OSHA standards ‘‘supplemental’’ programs referred to Gas Appliances require third party testing and above in a March 9, 1995, Federal ANSI Z21.73 Portable Type Gas Camp certification before use in the Register notice (60 FR 12980, 3/9/95). Lights workplace. Consequently, any NRTL’s This notice described nine (9) programs ANSI Z21.74 Portable Refrigerators for scope of recognition excludes any and procedures (collectively, programs), Use With HD–5 Propane Gas product(s) that fall within the scope of eight of which (the ‘‘supplemental ANSI Z21.76 Gas-Fired Unvented a test standard, but for which OSHA programs’’) any NRTL may use to Catalytic Room Heaters for Use With standards do not require NRTL testing control, audit, and accept the data relied Liquefied Petroleum (LP) Gases and certification. upon for product certification. Such UL 14B Sliding Hardware for Many of the UL test standards listed data is not normally generated at the Standard, Horizontally Mounted Tin- above also are approved as American NRTL’s facility or by NRTL personnel. Clad Fire Doors National Standards by the American The notice also includes the criteria for UL 14C Swinging Hardware for National Standards Institute (ANSI). the use by the NRTL of these eight, or Standard Tin-Clad Fire Doors However, for convenience, we use the supplemental, programs. Any NRTL’s Mounted Singly or In Pairs designation of the standards developing initial recognition will always include UL 142 Steel Aboveground Tanks for organization (e.g., UL 1004) for the the first or basic program, which Flammable and Combustible Liquids standard, as opposed to the ANSI provides that all product testing and UL 147 Hand-Held Torches for Fuel designation (e.g., ANSI/UL 1004). Under evaluation be performed in-house by the Gases our procedures, any NRTL recognized NRTL that will certify the product. UL 155 Tests of Fire Resistance of for an ANSI-approved test standard may OSHA does not consider these programs Vault and File Room Doors use either the latest proprietary version

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of the test standard or the latest ANSI subject to the above conditions. This ACTION: Notice. version of that standard. (Contact ANSI preliminary finding, however, does not or the ANSI web site (http:// constitute an interim or temporary SUMMARY: This notice announces the www.ansi.org) and click ‘‘NSSN’’ to find approval of the applications for ITSNA. applications by Underwriters out whether or not a test standard is OSHA welcomes public comments, in Laboratories Inc. for expansion of its currently ANSI-approved.) sufficient detail, as to whether ITSNA recognition as a Nationally Recognized has met the requirements of 29 CFR Testing Laboratory under 29 CFR Existing Conditions 1910.7 for expansion of its recognition 1910.7, and presents the Agency’s Currently, OSHA imposes the as a Nationally Recognized Testing preliminary finding. This preliminary following conditions on its recognition Laboratory. Your comments should finding does not constitute an interim or of ITSNA.These conditions would apply consist of pertinent written documents temporary approval of these also to the recognition of the Lexington and exhibits. To consider a comment, applications. site. As mentioned in previous notices, OSHA must receive it at the address DATES: You may submit comments in these conditions apply solely to provided above (see ADDRESSES), no response to this notice, or any request ITSNA’s NRTL operations and are in later than the last date for comments for extension of the time to comment, by addition to any other condition that (see DATES above). Should you need (1) regular mail, (2) express or overnight OSHA normally imposes in its more time to comment, OSHA must delivery service, (3) hand delivery, (4) recognition of an organization as any receive your written request for messenger service, or (5) FAX NRTL. These conditions are listed in extension at the address provided above transmission (facsimile). Because of this notice mainly for information. no later than the last date for comments. security-related problems there may be (1) ITSNA may perform safety testing You must include your reason(s) for any a significant delay in the receipt of for hazardous location products only at request for extension. OSHA will limit comments by regular mail. Comments the specific ITSNA sites that OSHA has any extension to 30 days, unless the (or any request for extension of the time recognized, and that have been pre- requester justifies a longer period. We to comment) must be submitted by the qualified for such testing by the ITSNA may deny a request for extension if it is following dates: Chief Engineer. In addition, all safety frivolous or otherwise unwarranted. Regular mail and express delivery test reports for hazardous location You may obtain or review copies of service: Your comments must be products must undergo a documented ITSNA’s request, the on-site review postmarked by January 21, 2003. review and approval at the Cortland report, and all submitted comments, as Hand delivery and messenger service: testing facility by a test engineer received, by contacting the Docket Your comments must be received in the qualified in hazardous location safety Office, Room N2625, Occupational OSHA Docket Office by January 21, testing, prior to ITSNA’s initial or Safety and Health Administration, U.S. 2003. OSHA Docket Office and continued authorization of the Department of Labor, at the above Department of Labor hours of operation certifications covered by these reports. address. Docket No. NRTL1–89 contains are 8:15 a.m. to 4:45 p.m. (2) ITSNA may not test and certify all materials in the record concerning Facsimile and electronic any products for a client that is a ITSNA’s application. transmission: Your comments must be manufacturer or vendor that is either The NRTL Program staff will review sent by January 21, 2003. owned in excess of 2% by ITSLtd or all timely comments and, after affiliated organizationally with ITSNA. resolution of issues raised by these ADDRESSES: Regular mail, express comments, will recommend whether to delivery, hand-delivery, and messenger Preliminary Finding grant ITSNA’s expansion request. The service: You must submit three copies of ITSNA has submitted an acceptable Assistant Secretary will make the final your comments and attachments to the request for expansion of its recognition. decision on granting the expansion, and OSHA Docket Office, Docket NRTL4–93, As previously mentioned, in connection in making this decision, may undertake Room N–2625, U.S. Department of with the request, OSHA has performed other proceedings that are prescribed in Labor, Occupational Safety and Health an on-site review (evaluation) of the Appendix A to 29 CFR Section 1910.7. Administration, 200 Constitution ITSNA Lexington, Kentucky, facility OSHA will publish a public notice of Avenue, NW., Washington, DC, 20210. (site). ITSNA has addressed the this final decision in the Federal Please contact the OSHA Docket Office discrepancies noted by the assessors Register. at (202) 693–2350 for information about security procedures concerning the following the review, and the assessors Signed at Washington, DC this 4th day of included the resolution in the on-site December, 2002. delivery of materials by express review report (see Exhibit 40). John L. Henshaw, delivery, hand delivery and messenger service. Following a review of the application Assistant Secretary. file, the on-site review report, and other Facsimile: If your comments, [FR Doc. 03–122 Filed 1–3–03; 8:45 am] pertinent information, the NRTL including any attachments, are 10 pages Program staff has concluded that OSHA BILLING CODE 4510–26–P or fewer, you may fax them to the OSHA can grant to ITSNA the expansion of Docket Office at (202) 693–1648. You recognition to include the Lexington, DEPARTMENT OF LABOR must include the docket number of this Kentucky, site and the test standards notice, Docket NRTL4–93, in your listed above, subject to the conditions as Occupational Safety and Health comments. noted. The staff therefore recommended Administration Internet access to comments and to the Assistant Secretary that the submissions: OSHA will place application be preliminarily approved. [Docket Nos. NRTL4–93] comments and submissions in response Based upon the recommendations of Underwriters Laboratories Inc., to this notice on the OSHA Webpage the staff, the Assistant Secretary has Applications for Expansion of http://www.osha.gov. Accordingly, made a preliminary finding that Intertek Recognition OSHA cautions you about submitting Testing Services, NA, Inc., can meet the information of a personal nature (e.g., requirements as prescribed by 29 CFR AGENCY: Occupational Safety and Health social security number, date of birth). 1910.7 for the expansion of recognition, Administration (OSHA), Labor. There may be a lag time between when

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comments and submissions are received the application. These notices set forth UL International Germany GmbH, and when they are placed on the the NRTL’s scope of recognition or Frankfurter Strasse 229, D–63263 Webpage. Please contact the OSHA modifications of that scope. We Neu-Isenburg, Germany Docket Office at (202)693–2350 for maintain an informational web page for UL International (Netherlands) B.V., information about materials not each NRTL, which details its scope of Landjuweel 52, NL–3905 PH available through the OSHA Webpage recognition. These pages can be Veenendaal, Netherlands and for assistance in using the Webpage accessed from our Web site at http:// General Background on the to locate docket submissions. Comments www.osha-slc.gov/dts/otpca/nrtl/ Applications and submissions will also be available index.html. for inspection and copying at the OSHA The most recent notices published by UL has submitted an application, Docket Office at the address above. OSHA for UL’s recognition covered a dated November 8, 2001 (see Exhibit Extension of Comment Period: Submit renewal and expansion of recognition, 27), to expand its recognition to include requests for extensions concerning this which became effective on May 8, 2002 a site in Seoul, Korea, and another notice to: Office of Technical Programs (67 FR 30966). application, dated March 15, 2002 (see Exhibit 27–1), to expand its recognition and Coordination Activities, NRTL The current address of the UL to include a site in Neu-Isenburg, Program, Occupational Safety and facilities (sites) already recognized by Germany, and a site in Veenendaal, Health Administration, U.S. Department OSHA are: of Labor, Room N3653, 200 Constitution Netherlands. The applications contain Underwriters Laboratories Inc., 333 information demonstrating that there are Avenue, NW., Washington, DC 20210. Pfingsten Road, Northbrook, Illinois Or fax to (202) 693–1644. adequate procedures, equipment, and 60062 personnel to perform product safety FOR FURTHER INFORMATION CONTACT: Underwriters Laboratories Inc., 1285 testing and certification activities at the Bernard Pasquet, Office of Technical Walt Whitman Road, Melville, Long sites. Those procedures are in general Programs and Coordination Activities, Island, New York 11747 use throughout UL operations. Also, the NRTL Program, Room N3653 at the Underwriters Laboratories Inc., 1655 application information shows that all address shown immediately above for Scott Boulevard, Santa Clara, three sites are wholly-owned and the program, or phone (202) 693–2110. California 95050 operated by UL. SUPPLEMENTARY INFORMATION: Underwriters Laboratories Inc., 12 The NRTL Program staff performed an Notice of Application Laboratory Drive, P.O. Box 13995, on-site review (assessment) of the Korea Research Triangle Park, North facility on March 11–14, 2002. In the The Occupational Safety and Health Carolina 27709 on-site review report, dated May 23, Administration (OSHA) hereby gives Underwriters Laboratories Inc., 2600 2002 (see Exhibit 28), the program staff notice that Underwriters Laboratories N.W. Lake Road, Camas, Washington recommended a ‘‘positive finding,’’ Inc. (UL) has applied for expansion of 98607 which means a positive its recognition as a Nationally UL International Limited, Veristrong recommendation on the recognition to Recognized Testing Laboratory (NRTL). Industrial Centre, Block B, 14th Floor, the Assistant Secretary. However, the UL’s expansion requests cover the use of 34 Au Pui Wan Street, Fo Tan Sha Agency delayed consideration of the three additional sites. OSHA’s current Tin, New Territories, Hong Kong application in order to combine it for scope of recognition for UL may be UL International Services, Ltd., Taiwan processing purposes with the found in the following informational Branch, 4th Floor, 260 Da-Yeh Road, application that had by then been Web page: http://www.osha-slc.gov/dts/ Pei Tou District Taipei City, Taiwan received for the two additional sites otpca/nrtl/ul.html. UL International Demko A/S, Lyskaer 8, listed above. The NRTL Program staff OSHA recognition of an NRTL P.O. Box 514, DK–2730, Herlev, performed an on-site review signifies that the organization has met Denmark (assessment) of the Netherlands facility the legal requirements in Section 1910.7 Underwriters Laboratory International on June 11–14, 2002, and an on-site of Title 29, Code of Federal Regulations (U.K.) Ltd., Wonersh House, The review (assessment) of the Germany (29 CFR 1910.7). Recognition is an Guildway, Old Portsmouth facility on June 18–21, 2002. In each on- acknowledgment that the organization RoadGuildford, Surrey GU3 1LR, site review report, dated September 27 can perform independent safety testing United Kingdom and 30, 2002 (see Exhibits 28 and 28– and certification of the specific products Underwriters Laboratory International 1), respectively, the program staff covered within its scope of recognition Italia S.r.l., Via Archimede 42, 1– recommended a ‘‘positive finding.’’ and is not a delegation or grant of OSHA’s recognition of the additional 20041 Agrate Brianza, Milan, Italy government authority. As a result of sites would not be limited to any Testing facility: Z.I. Predda Niedda st. recognition, employers may use particular test standards. However, 18, I–07100, Sassari, Italy products ‘‘properly certified’’ by the recognition of these sites would be Underwriters Laboratories of Canada, 7 NRTL to meet OSHA standards that limited to performing product testing Crouse Road, Scarborough, Ontario, require testing and certification. only to the test standards for which each Canada MIR 3A9 The Agency processes applications by site has the proper capability and UL Japan Co., Ltd., Shimbashi Ekimae an NRTL for initial recognition or for programs, and for which OSHA has Bldg.—1 Gohkan, 4th floor, Room expansion or renewal of this recognition recognized UL. This treatment is 402, 2–20–15 Shimbashi Minato Ku, following requirements in Appendix A consistent with the recognition that Tokyo 105–0004, Japan to 29 CFR 1910.7. This appendix OSHA has granted to other NRTLs that requires that the Agency publish two The current addresses of the three operate multiple sites. In addition, notices in the Federal Register in additional UL sites covered by the OSHA would permit the sites to use all processing an application. In the first expansion requests are: eight of the ‘‘supplemental’’ programs, notice, OSHA announces the UL Korea, Ltd., #805, Manhattan although not all programs would application and provides its preliminary Building 36–2, Yeoui-dong, necessarily be used in the near future. finding and, in the second notice, the Yeoungdeungpo-gu, Seoul 150–010, UL’s scope of recognition already Agency provides its final decision on Korea includes these programs.

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OSHA has described the provided above (see ADDRESSES), no a U.S. Patent No. 6,133,330 was issued ‘‘supplemental’’ programs referred to later than the last date for comments to the United States of America as above in a March 9, 1995, Federal (see DATES above). Should you need represented by the Administrator of the Register notice (60 FR 12980, 3/9/95). more time to comment, OSHA must National Aeronautics and Space This notice described nine (9) programs receive your written request for Administration; NASA Case No. LAR– and procedures (collectively, programs), extension at the address provided above 15831–1, entitled ‘‘Hollow Polyimide eight of which (the ‘‘supplemental no later than the last date for comments. Microspheres,’’ for which a U.S. Patent programs’’) any NRTL may use to You must include your reason(s) for any No. 5,994,418 was issued to the United control, audit, and accept the data relied request for extension. OSHA will limit States of America as represented by the upon for product certification. Such any extension to 30 days, unless the Administrator of the National data is not normally generated at the requester justifies a longer period. We Aeronautics and Space Administration; NRTL’s facility or by NRTL personnel. may deny a request for extension if it is NASA Case No. LAR–15831–2, entitled The notice also includes the criteria for frivolous or otherwise unwarranted. ‘‘Hollow Polyimide Microspheres,’’ for the use by the NRTL of these eight, or You may obtain or review copies of UL’s which a U.S. Patent No. 6,235,803 was supplemental, programs. Any NRTL’s requests, the on-site review reports, and issued to the United States of America initial recognition will always include all submitted comments, as received, by as represented by the Administrator of the first or basic program, which contacting the Docket Office, Room the National Aeronautics and Space provides that all product testing and N2625, Occupational Safety and Health Administration; NASA Case No. LAR– evaluation be performed in-house by the Administration, U.S. Department of 15831–3, entitled ‘‘Hollow Polyimide NRTL that will certify the product. Labor, at the above address. Docket No. Microspheres,’’ for which a U.S. Patent OSHA does not consider these programs NRTL4–93 contains all materials in the No. 6,084,000 was issued to the United in determining whether any NRTL record concerning UL’s applications. States of America as represented by the meets the requirements for recognition The NRTL Program staff will review Administrator of the National under 29 CFR 1910.7. However, these all timely comments and, after Aeronautics and Space Administration; programs help to define the scope of resolution of issues raised by these and NASA Case No. LAR–15745–1, that recognition. comments, will recommend whether to entitled ‘‘Films, Preimpregnated Tapes Preliminary Finding grant UL’s expansion requests. The and Composites made from Polyimide Assistant Secretary will make the final ‘‘Salt-like’’ Solutions,’’ for which a U.S. UL has submitted acceptable decision on granting the expansion and, Patent No. 6,222,007 was issued to the applications for expansion of its in making this decision, may undertake United States of America as represented recognition as an NRTL. As noted other proceedings that are prescribed in by the Administrator of the National above, in processing these requests, Appendix A to 29 CFR Section 1910.7. Aeronautics and Space Administration OSHA has performed on-site reviews of OSHA will publish a public notice of filed and assigned to the United States the proposed additional three UL this final decision in the Federal of America as represented by the facilities. UL has addressed any Register. Administrator of the National discrepancies noted by the assessor Aeronautics and Space Administration. following the reviews, and the assessor Signed at Washington, DC this 11th day of Written objections to the prospective has included the resolution in the on- December, 2002. grant of a license should be sent to site review reports. John L. Henshaw, Following a review of the application Assistant Secretary. Langley Research Center. files, the on-site review reports, and [FR Doc. 03–121 Filed 1–3–03; 8:45 am] DATE(S): Responses to this notice must be received by January 21, 2003. other pertinent information, the NRTL BILLING CODE 4510–26–P Program staff has concluded that OSHA FOR FURTHER INFORMATION CONTACT: can grant to UL the expansion of its Robin W. Edwards, Patent Attorney, recognition to include the Seoul, Korea, NATIONAL AERONAUTICS AND Langley Research Center, Mail Stop 212, the Neu-Isenburg, Germany, and the SPACE ADMINISTRATION Hampton, VA 23681–2199, telephone Veenendaal, Netherlands, sites listed (757) 864–3230; fax (757) 864–9190. [Notice 02–150] above. The staff therefore recommended Dated: December 30, 2002. to the Assistant Secretary that the Notice of Prospective Patent License Robert M. Stephens, applications be preliminarily approved. Deputy General Counsel. Based upon the recommendation of AGENCY: National Aeronautics and [FR Doc. 03–194 Filed 1–3–03; 8:45 am] the staff, the Assistant Secretary has Space Administration. BILLING CODE 7510–01–P made a preliminary finding that ACTION: Notice of prospective patent Underwriters Laboratories Inc. can meet license. the requirements as prescribed by 29 CFR 1910.7 for expansion of its SUMMARY: NASA hereby gives notice NUCLEAR REGULATORY recognition. This preliminary finding that PolyuMac TechnoCore, Inc. of 1060 COMMISSION does not constitute an interim or E. 30 Street, Hialeah, FL 33013, has Safety Analyses of the Potential temporary approval of the applications applied for an exclusive license to Inadvertent Disposal of Two Spent for UL. practice the inventions described in OSHA welcomes public comments, in NASA Case No. LAR–15767–1, entitled Fuel Rods at Low-Level Radioactive sufficient detail, as to whether UL has ‘‘Polyimide Precursor Solid Residuum,’’ Waste Facilities; Notice of Availability met the requirements of 29 CFR 1910.7 for which a U.S. Patent No. 6,180,746 AGENCY: Nuclear Regulatory for expansion of its recognition as a was issued to the United States of Commission. Nationally Recognized Testing America as represented by the ACTION: Notice of availability and Laboratory. Your comment should Administrator of the National request for public comment. consist of pertinent written documents Aeronautics and Space Administration; and exhibits. To consider a comment, NASA Case No. LAR–15977–1, entitled SUMMARY: The Nuclear Regulatory OSHA must receive it at the address ‘‘Aromatic Polyimide Foam,’’ for which Commission’s (NRC) Office of Nuclear

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Material Safety and Safeguards (NMSS) Assessment Branch, Division of Waste provided by Dominion Nuclear is announcing the availability for public Management, Office of Nuclear Material Connecticut, Inc., on May 15, 2002, that comment of a set of draft safety analyses Safety and Safeguards, Mail Stop T–7J8, responded to a NRC request for related to the potential inadvertent U. S. Nuclear Regulatory Commission, additional information. After disposal of two spent fuel rods at a low- Washington, DC 20555–0001. Hand- investigating the short- and long-term level radioactive waste facility. In deliver comments to: 11555 Rockville considerations, for the reasons given in November 2000, the licensee for Pike, Rockville, MD, between 7:30 a.m. the safety analyses, NRC has determined Millstone Unit 1 (Dominion Nuclear and 4:15 p.m., Federal workdays. that the presence of the two fuel rods at Connecticut, Inc.) informed the NRC Comments may also be sent either low-level radioactive waste that the location of two spent fuel rods electronically to [email protected]. Copies disposal facility does not constitute a could not be determined and the of comments received may be examined present or future risk to the public following investigation by the licensee at the ADAMS Electronic Reading Room health and safety or the environment. concluded that the two spent fuel rods on the NRC web site, and in the NRC Commentors are encouraged to submit may have been inadvertently sent for Public Document Room, 11555 their written comments on these two disposal as Class C low-level radioactive Rockville Pike, Room O–1F21, safety analyses to the addresses listed waste. One analysis was prepared for Rockville, MD 20852. The NRC Public above. To ensure efficient and complete each of the two possible low-level Document Room is open from 7:45 a.m. comment resolution, commentors are radioactive waste facilities: the Hanford, to 4:15 p.m., Monday through Friday, requested to reference the section, page, Washington site and the Barnwell, except on Federal holidays. and line numbers of the document to South Carolina site. The NRC has FOR FURTHER INFORMATION, CONTACT: which the comment applies, if possible. determined, from these analyses, that Christepher McKenney, Mail Stop Dated at Rockville, MD, this 24th day of the potential presence of the two fuel T–7J8, Environmental and Performance December, 2002. rods, at either site, would not constitute Assessment Branch, Division of Waste For the Nuclear Regulatory Commission. a present or future risk to public health Management, U.S. Nuclear Regulatory Lawrence Kokajko, and safety or the environment. The NRC Commission, Washington, DC 20555– Branch Chief, Environmental and is seeking public comment in order to 0001. Telephone: (301) 415–6663; Performance Assessment Branch, Division of receive feedback from the widest range Internet: [email protected]. Waste Management, Office of Nuclear of interested parties and to ensure that SUPPLEMENTARY INFORMATION: In Material Safety and Safeguards. all information relevant to developing November 2000, the licensee for [FR Doc. 03–154 Filed 1–3–03; 8:45 am] the safety analyses is available to the Millstone Unit 1 (Dominion Nuclear BILLING CODE 7590–01–P NRC staff. The NRC will review public Connecticut, Inc.) informed the NRC comments received on the draft that the location of two spent fuel rods documents. In response to those could not be determined. An OFFICE OF PERSONNEL comments, suggested changes will be investigative team was formed by the MANAGEMENT incorporated, where appropriate, and a licensee and completed its investigation final document will be issued. in October, 2001. A follow-up NRC Submission for OMB Review; DATES: Comments on this draft inspection reviewed the findings of the Comment Request for an Expiring document should be submitted by investigation and agrees with the Information Collection: SF–15 March 7, 2003. Comments received after results. The result of the investigation AGENCY: Office of Personnel that date will be considered to the was that there is a chance that the rods Management. extent practicable. may have been unintentionally disposed ACTION: Notice. ADDRESSES: The draft safety analyses, at the Hanford, Washington, or ‘‘Long-Term Hazard of Millstone Unit Barnwell, South Carolina commercial SUMMARY: In accordance with the 1’s Missing Spent Fuel Rods Potentially low-level radioactive waste disposal Paperwork Reduction Act of 1995 Disposed at the Barnwell Commercial facilities. The most likely explanation (Public Law 104–13, May 22, 1995), this Low-Level Radioactive Waste Disposal was that the rods were inadvertently notice announces that the Office of Facility’’ and ‘‘Long-Term Hazard of shipped to Barnwell in 1988, as part of Personnel Management (OPM) has Millstone Unit 1’s Missing Spent Fuel a shipment of Class C low-level submitted to the Office of Management Rods Potentially Disposed at the radioactive waste. These safety analyses and Budget (OMB) a request for the Hanford Commercial Low-Level do not address the jurisdictional issues continued use of Standard Form 15 (SF– Radioactive Waste Disposal Facility,’’ raised by the potential disposal of spent 15). SF 15, Application for 10-Point are available for inspection and copying fuel at a shallow low-level waste Veteran Preference, is used by agencies, for a fee at the Commission’s Public disposal facility. OPM examining offices and agency Document Room, U.S. NRC’s There are both short- and long-term appointing officials to adjudicate Headquarters Building, 11555 Rockville considerations for reviewing the health individuals’ claims for veterans’ Pike (First Floor), Rockville, Maryland. and safety impacts of the rods preference in accordance with the They are also available electronically potentially being at a low-level Veterans’ Preference Act of 1944. from the ADAMS Electronic Reading radioactive waste disposal facility. According to the General Services Room on the NRC Web site at: http:// These include the type and amount of Administration, 45,000 SF–15s were www.nrc.gov/reading-rm/adams.html radioactivity present, the current completed last year. Each form requires (ADAMS Access Numbers: Barnwell’s location and disposition of the approximately 10 minutes to complete. analysis—ML023610413; Hanford’s suspected shipments, potential future The annual estimated burden is 7,497 analysis—ML023610424) groundwater release, and risk to hours. Members of the public are invited and potential inadvertent intruders. We are asking OMB to approve the encouraged to submit written comments Dominion Nuclear Connecticut, Inc., continuation of the current SF–15. In to: Christepher McKenney, System provided an assessment of the risks the 60 day notice published July 19, Performance Analyst (HP), from the missing fuel on October 5, 2002, we announced our proposal to Environmental and Performance 2001. A second assessment was revise the SF–15 and we invited

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comments. We plan to submit the Commodity Futures Trading Department of Energy revision later and will address the Commission Special Assistant to the Deputy comments at that time. Administrative Assistant to a Assistant Secretary for National For copies of this proposal, contact Commissioner. Effective November 12, Security. Effective November 5, 2002. Mary Beth Smith-Toomey at 2002. Daily Scheduler to the Director, Office [email protected] or fax to (202) 418– Administrative Assistant to the of Scheduling and Advance. Effective 3251. Please be sure to include a Commissioner. Effective November 21, November 26, 2002. mailing address with your request. 2002. DATES: Comments on this proposal Department of Housing and Urban should be received within 30 calendar Consumer Product Safety Commission Development days from the date of this publication. Executive Assistant to the Chairman. Advance Coordinator to the Director ADDRESSES: Send or deliver written Effective November 14, 2002. of Executive Scheduling. Effective comments to: General Counsel to the Chairman. November 15, 2002. Ellen Tunstall, Assistant Director for Effective November 21, 2002. Special Assistant to the Assistant Secretary for Congressional and Employment Policy, U.S. Office of Department of Agriculture Personnel Management, 1900 E Street, intergovernmental Relations. Effective NW., Room 6500, Washington, DC Confidential Assistant to the Deputy November 18, 2002. Congressional Relations Officer to the 20415. Administrator, Office of Community Assistant Secretary for Congressional and Development. Effective November 6, Stuart Shapiro, OPM Desk Officer, 2002. and Intergovernmental Relations. Office of Information & Regulatory Director of Public Affairs to the Effective November 18, 2002. Staff Assistant to the Assistant Affairs, Office of Management and Administrator. Effective November 14, Secretary for Congressional and Budget, New Executive Office 2002. Intergovernmental Relations. Effective Building, NW., Room 10235, Special Assistant to the Executive November 18, 2002. Washington, DC 20503. Assistant for Homeland Security. Effective November 15, 2002. Assistant for Congressional Relations U.S. Office of Personnel Management. Confidential Assistant to the to the Deputy Assistant Secretary for Kay Coles James, Administrator, Risk Management Congressional Relations. Effective Director. Agency. Effective November 20, 2002. November 26, 2002. [FR Doc. 03–110 Filed 1–3–03; 8:45 am] Department of Justice BILLING CODE 6325–38–P Department of Commerce Special Assistant to the Executive Special Assistant to the Director, Assistant, International Trade Bureau of Justice Assistance, Office of OFFICE OF PERSONNEL Administration. Effective November 12, Justice Programs. Effective November 7, MANAGEMENT 2002. 2002. Public Affairs Specialist to the United Confidential Assistant to the Assistant Excepted Service States Attorney, San Antonio, TX. Secretary for Economic Development. Effective November 20, 2002. AGENCY: Office of Personnel Effective November 27, 2002. Department of Labor Management. Department of Defense ACTION: Notice. Special Assistant to the Director of Defense Fellow to the Special Scheduling and Advance. Effective Assistant to the Secretary of Defense for SUMMARY: This gives notice of OPM November 21, 2002. decisions, granting authority to make White House Liaison. Effective Attorney-Advisor to the Solicitor of appointments under Schedule C in the November 1, 2002. Labor. Effective November 21, 2002. excepted service as required by 5 CFR Defense Fellow to the Special Special Assistant to the Assistant 6.1 and 213.103. Assistant to the Secretary of Defense for Secretary for Administration and FOR FURTHER INFORMATION CONTACT: Pam White House Liaison. Effective Management. Effective November 25, Shivery, Director, Washington Service November 7, 2002. 2002. Center, Employment Service (202) 606– Chief of Staff to the Inspector General. Department of State 1015. Effective November 7, 2002. Staff Assistant to the Deputy Assistant SUPPLEMENTARY INFORMATION: Appearing Program Support Assistant to the Secretary of Defense (Forces Policy). in the listing below are the individual Foreign Affairs Officer (Visits). Effective Effective November 13, 2002. authorities established under Schedule November 15, 2002. C between between November 1, 2002 Department of Education Staff Assistant to the Deputy Assistant and November 30, 2002. Future notices Secretary for Equal Employment. Confidential Assistant to the Special Effective November 26, 2002. will be published on the fourth Tuesday Assistant. Effective November 7, 2002. of each month, or as soon as possible Special Assistant to the Deputy Department of Veterans Affairs thereafter. A consolidated listing of all Assistant Secretary for Regional Special Assistant to the Assistant authorities as of June 30 is published Services. Effective November 19, 2002. Secretary for Congressional and each year. Special Assistant to the Director, Legislative Affairs. Effective November Schedule C White House Initiative on Hispanic 14, 2002. Education. Effective November 19, 2002. Broadcasting Board of Governors Deputy Secretary’s Regional Environmental Protection Agency Special Assistant to the Chairman. Representative to the Assistant Deputy Associate Administrator to the Effective November 21, 2002. Secretary for Intergovernmental and Associate Administrator, Office of Special Assistant to the Chairman. Interagency Affairs. Effective November Congressional Affairs. Effective Effective November 22, 2002. 25, 2002. November 19, 2002.

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General Services Administration an employer covered under the RRA or the amount of supplemental annuities Special Assistant to the Deputy last non-railroad employer. The due railroad employees. Associate Administrator for Government collection obtains information regarding Additional Information or Comments: Policy. Effective November 18, 2002. an annuitant’s work and earnings from Copies of the forms and supporting a non-railroad employer. The documents can be obtained from Chuck Office of Management and Budget information will be used for Mierzwa, the agency clearance officer Senior Advisor (Assistant General determining whether benefits should be (312) 751–3363. Counsel) to the General Counsel. withheld. Comments regarding the information Effective November 12, 2002. Additional Information or Comments: collection should be addressed to Confidential Assistant to the Copies of the forms and supporting Ronald J. Hodapp, Railroad Retirement Controller. Effective November 19, 2002. documents can be obtained from Chuck Board, 844 North Rush Street, Chicago, Mierzwa, the agency clearance officer Illinois, 60611–2092 and to the OMB Small Business Administration (312) 751–3363. Desk Officer for the RRB, at the Office Special Assistant to the Associate Comments regarding the information of Management and Budget, Room Deputy Administrator of collection should be addressed to 10230, New Executive Office Building, Entrepreneurial Development. Effective Ronald J. Hodapp, Railroad Retirement Washington, DC 20503. Board, 844 North Rush Street, Chicago, November 13, 2002. Chuck Mierzwa, Senior Advisor for Congressional Illinois, 60611–2092 and to the OMB Clearance Officer. Affairs (House) to the Assistant Desk Officer for the RRB, at the Office Administrator for Congressional and of Management and Budget, Room [FR Doc. 03–132 Filed 1–3–03; 8:45 am] Legislative Affairs. Effective November 10230, New Executive Office Building, BILLING CODE 7905–01–M 14, 2002. Washington, DC 20503. United States Tax Court Chuck Mierzwa, SECURITIES AND EXCHANGE Secretary (Confidential Assistant) to a Clearance Officer. COMMISSION Judge. Effective November 4, 2002. [FR Doc. 03–131 Filed 1–3–03; 8:45 am] BILLING CODE 7905–01–M Submission for OMB Review; (Authority: 5 U.S.C. 3301 and 3302; E.O. Comment Request 10577, 3 CFR 1954–1958 Comp., P.218). Office of Personnel Management. RAILROAD RETIREMENT BOARD [Extension: Rule 11a1–1(T); OMB Control No. Kay Coles James, 3235–0478; SEC File No. 270–428] Agency Forms Submitted for OMB Upon written request, copies available Director. Review [FR Doc. 03–111 Filed 1–3–03; 8:45 am] from: Securities and Exchange Commission, Summary: In accordance with the Office of Filings and Information Services, BILLING CODE 6325–38–P Washington, DC 20549. Paperwork Reduction Act of 1995 (44 Notice is hereby given that pursuant U.S.C. Chapter 35), the Railroad to the Paperwork Reduction Act of 1995 Retirement Board (RRB) has submitted RAILROAD RETIREMENT BOARD (44 U.S.C. 3501 et seq.), the Securities the following proposal(s) for the and Exchange Commission collection of information to the Office of Agency Forms Submitted for OMB (‘‘Commission’’) has submitted to the Management and Budget for review and Review Office of Management and Budget approval. Summary: In accordance with the requests for extension of the previously Paperwork Reduction Act of 1995 (44 Summary of Proposal(s) approved collection of information U.S.C. Chapter 35), the Railroad discussed below. (1) Collection title: Pension Plan • Retirement Board (RRB) has submitted Reports. Rule 11a1–1(T) Transaction the following proposal(s) for the (2) Form(s) submitted: G–88p, G–88r, Yielding Priority, Parity, and collection of information to the Office of and G–88r.1. Precedence. Management and Budget for review and (3) OMB Number: 3220–0089. On January 27, 1976, the Commission approval. (4) Expiration date of current OMB adopted Rule 11a1–1(T) under the clearance: 2/28/2003. Securities Exchange Act of 1934 Summary of Proposal(s) (5) Type of request: Revision of a (‘‘Exchange Act’’) to exempt (1) Collection title: Request to Non- currently approved collection. transactions of exchange members for Railroad Employer for Information (6) Respondents: Business or other- their own accounts that would About Annuitant’s Work and Earnings. for-profit. otherwise be prohibited under section (2) Form(s) submitted: RL–231–F. (7) Estimated annual number of 11(a) of the Exchange Act. The rule (3) OMB Number: 3220–0107. respondents: 500. provides that a member’s proprietary (4) Expiration date of current OMB (8) Total annual responses: 1,515. order may be executed on the exchange clearance: 04/30/2003. (9) Total annual reporting hours: 203. of which the trader is a member, if, (5) Type of Request: Extension of a (10) Collection description: The among other things: (1) The member currently approved collection. Railroad Retirement Act provides for discloses that a bid or offer for its (6) Respondents: Business or other- payment of a supplemental annuity to a account is for its account to any member for-profit. qualified railroad retirement annuitant. with whom such bid or offer is placed (7) Estimated annual number of The collection obtains information from or to whom it is communicated; (2) any respondents: 300. the annuitant’s employer to determine such member through whom that bid or (8) Total annual responses: 150. (a) the existence of a railroad employer’s offer is communicated discloses to (9) Total annual reporting hours: 150. pension plans and whether such plans, others participating in effecting the (10) Collection description: Under the if they exist, require a reduction to order that it is for account of a member; Railroad Retirement Act (RRA), benefits supplemental annuities paid to the and (3) immediately before executing are not payable if an annuitant works for employer’s former employees and (b) the order, a member (other than a

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specialist in such security) presenting Dated: December 20, 2002. only be entered at intervals of no less any order for the account of a member Margaret H. McFarland. than 10 [30] seconds between entry of on the exchange clearly announces or Deputy Secretary. each such order on the same side of the otherwise indicates to the specialist and [FR Doc. 03–138 Filed 1–3–03; 8:45 am] market in a security. Members and to other members then present that he BILLING CODE 8010–01–P member organizations are responsible is presenting an order for the account of for establishing procedures to prevent a member. orders in a security on the same side of SECURITIES AND EXCHANGE the market for any account in which the Without these requirements, it would COMMISSION same person is directly or indirectly not be possible for the Commission to interested from being entered at monitor its mandate under the Exchange [Release No. 34–47105; File No. SR–Amex– 2002–99] intervals of less than 10 [30] seconds. Act to promote fair and orderly markets * * * * * and ensure that exchange members Self-Regulatory Organizations; Notice II. Self-Regulatory Organization’s have, as the principle purpose of their of Filing and Immediate Effectiveness Statement of the Purpose of, and exchange memberships, the conduct of of Proposed Rule Change by the Statutory Basis for, the Proposed Rule a public securities business. American Stock Exchange LLC Change There are approximately 1,000 Relating to a Six-Month Extension of respondents that require an aggregate the Exchange’s Pilot Program for In its filing with the Commission, the total of 333 hours to comply with this Automatic Execution of Orders for Exchange included statements rule. Each of these approximately 1,000 Exchange Traded Funds concerning the purpose of and basis for the proposed rule change and discussed respondents makes an estimated 20 December 30, 2002. any comments it received on the annual responses, for an aggregate of Pursuant to Section 19(b)(1) of the proposed rule change. The text of these 20,000 responses per year. Each Securities Exchange Act of 1934 statements may be examined at the response takes approximately 1 minute (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 places specified in Item IV below. The to complete. Thus, the total compliance notice is hereby given that on December Exchange has prepared summaries, set burden per year is 333 hours (20,000 4, 2002, the American Stock Exchange forth in sections A, B, and C below, of minutes/60 minutes per hour = 333 LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with the most significant parts of such hours). The approximate cost per hour the Securities and Exchange statements. is $100, resulting in a total cost of Commission (‘‘Commission’’) the compliance for the respondents of proposed rule change as described in A. Self-Regulatory Organization’s $33,333 (333 hours @ $100). Items I, II, and III below, which Items Statement of the Purpose of, and have been prepared by the Exchange. Statutory Basis for, the Proposed Rule Compliance with Rule 11a–1(T) is Change necessary for exchange members to The proposed rule change has been filed make transactions for their own by the Amex as a ‘‘non-controversial’’ 1. Purpose rule change under Rule 19b–4(f)(6) accounts under a specific exemption On June 19, 2001, the Commission under the Act.3 The Commission is from the general prohibition of such approved the Exchange’s proposal, publishing this notice to solicit transactions under section 11(a) of the adopted as Amex Rule 128A, to permit comments on the proposed rule change the automatic execution of orders for Exchange Act. Compliance with Rule from interested persons. 11a–1(T) does not involve the collection ETFs on a six-month pilot program of confidential information. Rule 11a– I. Self-Regulatory Organization’s basis.5 Since that time, the Exchange 1(T) does not have a record retention Statement of the Terms of Substance of has extended the pilot program twice, in requirement per se. However, responses the Proposed Rule Change December 2001 and June 2002, each made pursuant to Rule 11a–1(T) are The Amex seeks a six-month time for six months.6 The Exchange now subject to the recordkeeping extension of Amex Rule 128A to seeks to extend the pilot program, with requirements of Rules 17a–3 and 17a–4. continue its pilot program for the certain modifications, for an additional Please note that an agency may not automatic execution of orders for six months. conduct or sponsor, and a person is not Exchange Traded Funds (‘‘ETFs’’), with Since 1986, the Exchange has had an required to respond to, a collection of certain modifications as described automatic order execution feature information unless it displays a below. Proposed changes to the text of (‘‘Auto-Ex’’) for eligible orders in listed 4 options. The Chicago Board Options currently valid control number. Rule 128A are set forth below. New text is in italics. Deleted text is in brackets. Exchange, Philadelphia Stock Exchange, Written comments regarding the and Pacific Exchange established above information should be directed to Automatic Execution for Exchange similar automatic option order the following persons: (i) Desk Officer Traded Funds execution features at about the same for the Securities and Exchange Rule 128A. The Exchange shall time as the Amex, and the newest Commission, Office of Information and determine the size and other parameters options exchange, the International Regulatory Affairs, Office of of orders eligible for execution by its Securities Exchange, also features Management and Budget, Room 10102, Automatic Execution System (Auto-Ex). automatic order execution. Auto-Ex, New Executive Office Building, An Auto-Ex eligible order for any Washington, DC 20503; and (ii) Kenneth account in which the same person is 5 See Securities Exchange Act Release No. 44449 A. Fogash, Action Associate Executive directly or indirectly interested may (June 19, 2001), 66 FR 33724 (June 25, 2001) (‘‘June 2001 Release’’) (approving File No. SR–Amex– Director for the Office of Information 2001–29). 1 Technology, Securities and Exchange 15 U.S.C. 78s(b)(1). 6 See Securities Exchange Act Release Nos. 45176 Commission, 450 Fifth Street, NW., 2 17 CFR 240.19b–4. (December 20, 2001), 66 FR 67582 (December 31, 3 Washington, DC 20549. Comments must 17 CFR 240.19b–4(f)(6). 2001) and 46085 (June 17, 2002) 67 FR 42836 (June 4 The Commentary to Rule 128A, providing 25, 2002) (notices of filing and immediate be submitted to OMB within 30 days of details of the pilot program that are summarized in effectiveness of File Nos. SR–Amex–2001–105 and this notice. Section II of this notice, will remain unchanged. SR–Amex–2002–42, respectively).

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accordingly, has been a standard feature constituted the NBBO, incoming sell price improvement will vary among of the options markets for a number of orders might be automatically executed securities based upon such factors as the years. at 90.12 (the Amex bid plus two ticks) width of the spread, the volatility of the In 1993, the Amex commenced and incoming buy orders might be basket of securities underlying the ETF, trading Standard and Poor’s Depositary executed at 90.18 (the Amex offer less and liquidity of available hedging Receipts (‘‘SPDRs’’), the first ETF to two ticks). If the Amex does not vehicles. The amount of price be listed and traded on the Exchange. establish the NBBO, Auto-Ex is improvement may be adjusted intra-day ETFs are individual securities that programmed to execute eligible by the Committee. represent a fractional, undivided incoming ETF orders at or better than As detailed in Amex Rule 128A, interest in a portfolio of securities. the NBBO up to a specified number of Auto-Ex for ETFs with price Currently, more than 100 ETFs are listed trading increments relative to the APQ.8 improvement is unavailable when the on the Amex. Like an option, an ETF is Auto-Ex executes an eligible order at the spread is at a specified minimum and a derivative security, and, according to improved price relative to the APQ maximum variation, which may be the Amex, its price is a function of the unless such execution would result in a adjusted security to security. The value of the portfolio of securities trade-through with respect to the price Committee will determine, upon the underlying the ETF. Thus, as is the case of an away market that is a participant request of a specialist, the minimum with options, the Exchange asserts that in the Intermarket Trading System and maximum spreads at which Auto- it is not the price discovery market for (‘‘ITS’’). If a trade through would result, Ex is unavailable. As further provided ETFs, and that the price discovery the order is routed to the specialist for in the rule, Auto-Ex is also unavailable market is the market or markets where electronic processing through the Amex with respect to incoming sell orders the underlying securities trade. electronic order book.9 when the Amex bid is for 100 shares, The Exchange is now proposing to For example, assume that Auto-Ex is and similarly unavailable with respect extend its current Auto-Ex technology programmed to execute the order at the to incoming buy orders when the Amex for an additional six months to ETFs Amex bid plus two ticks. If the Amex offer is for 100 shares. listed under Amex Rules 1002, 1002A, bid were 90, and an away ITS market Orders that are otherwise Auto-Ex and 1202. The Amex represents that this were bidding 90.01, an incoming sell eligible orders are also routed to the will provide investors that send eligible order would be automatically executed specialist, and not automatically orders to the Exchange with faster on the Amex at 90.02. Continuing with executed, in situations where the executions than they otherwise would this example, if the away market were specialist in conjunction with a Floor receive. The Exchange believes that bidding 90.02, an incoming sell order Governor or two Floor Officials many investors desire rapid executions would be automatically executed on the determine that quotes are not reliable in trading securities that are priced Amex at 90.02 (matching the away and the Exchange is experiencing derivatively since the value of the market). If the away market were communications or systems problems, underlying instruments may fluctuate bidding 90.03, the incoming sell order ‘‘fast markets,’’ or delays in the during order processing. The Amex, would not be automatically executed. dissemination of quotes. Members and moreover, will continue under the pilot Instead, it would be routed to the member organizations are notified when extension to incorporate a price specialist for electronic processing the Exchange has determined that improvement algorithm into Auto-Ex for through the Amex electronic order book. quotes are not reliable prior to ETFs, thus to provide investors with The amount of price improvement disengaging Auto-Ex. better execution prices on their orders. that the system provides, both when the Specialists and Registered Options The price improvement algorithm works Amex establishes the NBBO and when Traders (‘‘ROTs’’) that sign onto the in the following manner: it does not, is determined by the Auto- system are automatically allocated the When the Amex establishes the Ex Enhancements Committee contra side of Auto-Ex trades for ETFs. National Best Bid or Offer (‘‘NBBO’’),7 (‘‘Committee’’) upon the request of a Due to the automatic price improvement Auto-Ex is programmed to execute specialist and may differ among ETFs. feature, the specialist and ROTs that eligible incoming ETF orders at the APQ The Committee consists of the sign onto Auto-Ex for ETFs are deemed plus a programmable number of trading Exchange’s four Floor Governors and to be on parity for purposes of allocating increments with respect to the Amex the Chairmen (or their designees) of the the contra side of ETF Auto-Ex trades. bid, and less a programmable number of Specialists Association, Options Market Amex Rule 128A incorporates the trading increments in the case of the Makers Association, and the Floor following methodology for the Amex offer. For example, if the APQ Brokers Association, respectively. The allocation of the contra side to Auto-Ex were 90.10 to 90.20, and the APQ Exchange anticipates that the amount of ETF trades.

Approximate number of Approximate number of trades allocated ROTs trades allocated to the signed on to auto-ex Number of ROTs signed on to auto-ex in a crowd specialist throughout the throughout the day (‘‘target day (‘‘target ratio’’) ratio’’) (percent) (percent)

1 ...... 60 40 2–4 ...... 40 60

7 The term ‘‘establish’’ as used in this context of the NBBO may be different than the number of Ex is unavailable. If the order is routed to the Amex Rule 128A means that the Amex Published increments designated for price improvement when specialist for handling because Auto-Ex is Quote (‘‘APQ’’) is currently at the NBBO, regardless the Amex does not establish the NBBO. Id. unavailable, the specialist does not know if the of whether or not the Amex was the first exchange 9 Once an order that is Auto-Ex eligible is sent to order is for the account of a broker-dealer or for the to be at that price. See June 2001 Release, supra the Exchange, the person that initiated the order has account of a customer. This information is in the note. no control over its execution. This is the case Exchange’s order processing systems and is 8 The number of trading increments designated regardless of whether the order is executed by Auto- for price improvement when the Amex establishes Ex or is executed by the specialist because Auto- unavailable to the specialist.

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Approximate number of Approximate number of trades allocated ROTs trades allocated to the signed on to auto-ex Number of ROTs signed on to auto-ex in a crowd specialist throughout the throughout the day (‘‘target day (‘‘target ratio’’) ratio’’) (percent) (percent)

5–7 ...... 30 70 8–15 ...... 25 75 16 or more ...... 20 80

At the start of each trading day, the for establishing procedures to prevent Section 6(b) of the Act 11 in general, and sequence in which trades are to be orders for any account in which the furthers the objectives of Section 6(b)(5) allocated to the specialist and ROTs same person is directly or indirectly of the Act 12 in particular, in that it is signed onto Auto-Ex is randomly interested from being entered at designed to prevent fraudulent and determined. Auto-Ex trades then are intervals of less than 10 seconds with manipulative acts and practices, to automatically allocated in sequence on respect to an ETF. promote just and equitable principles of a rotating basis to the specialist and to The specialist may request the trade, to foster cooperation and the ROTs that have signed onto the Exchange to increase the maximum size coordination with persons engaged in system so that the specialist and the of Auto-Ex eligible orders. Under Amex regulating, clearing, settling, processing crowd achieve their ‘‘target ratios’’ over Rule 128A, such requests are reviewed information with respect to and the course of a trading session. If an by the Committee, which approves, facilitating transactions in securities, to Auto-Ex eligible order is greater than disapproves, or conditionally approves remove impediments to and perfect the 100 shares, Auto-Ex divides the trade such requests. The rule directs the mechanism of a free and open market into lots of 100 shares each. Each lot is Committee to balance the interests of and a national market system, and, in considered a separate trade for purposes investors, the specialist, ROTs in the general, to protect investors and the of determining target ratios and crowd, and the Exchange in determining public interest, and is not designed to allocating trades within Auto-Ex. whether to grant a request to increase permit unfair discrimination between Round lot orders delivered to the post the size of Auto-Ex eligible orders. The customers, issuers, brokers and dealers. electronically for 2,000 shares or less are Committee also may consider requests The proposed rule change will allow eligible for Auto-Ex for ETFs. Orders for from the specialist or ROTs to reduce the Auto-Ex for ETFs pilot program to an account in which a market maker in the size of Auto-Ex eligible orders, continue for an additional six months. ETFs registered as such on another balancing the same interests that it The proposal also facilitates the market has an interest are ineligible for would consider in reviewing a request comparison and settlement of trades Auto-Ex for ETFs. If orders for such to increase the size of Auto-Ex eligible since Auto-Ex transactions result in market makers were eligible for Auto-Ex orders. The Committee is not permitted, ‘‘locked-in’’ trades. Auto-Ex for ETFs, with price improvement, the Exchange however, to reduce the size of Auto-Ex moreover, automatically provides represents, Amex specialists and ROTs eligible orders below 2,000 shares. investors with price improvement on would be unable to make markets with In addition, under Amex Rule 128A, their orders. the proposed liquidity for other the Committee may delegate its B. Self-Regulatory Organization’s investors. (Orders for Amex Registered authority to one or more Floor Statement on Burden on Competition Traders are ineligible for Auto-Ex for Governors. The rule provides, however, ETFs pursuant to Commentaries .04 and that the Committee must meet promptly The Exchange does not believe that .05 to Rule 111 and Amex Rule 950(c).) to review a Floor Official’s decision in the proposed rule change will impose The Exchange proposes that Amex the event that a Floor Governor acts any burden on competition not Rule 128A now stipulate that Auto-Ex pursuant to delegated authority. necessary or appropriate in furtherance eligible orders for any account in which Amex Rule 128A further provides that of the purposes of the Act. The the same person is directly or indirectly in the event of system problems or Exchange believes the proposal, in fact, interested may be entered only at unusual market conditions, a Floor will enhance competition among intervals of 10 seconds or more between Governor is permitted to reduce the size markets and market makers and thereby the entry of each such order in an of Auto-Ex eligible orders below 2,000 benefit investors by allowing the ETF.10 The Exchange states that Amex shares or increase the size of Auto-Ex Exchange to continue to provide Auto- specialists and ROTs are willing to eligible orders up to 5,000 shares. Any Ex for ETFs with price improvement. provide Auto-Ex with price such change is temporary and lasts only until the end of the unusual market C. Self-Regulatory Organization’s improvement for orders of a certain size. Statement on Comments on the If persons were allowed to enter more condition or the correction of the system problem. Members and member Proposed Rule Change Received From than one Auto-Ex eligible order for an Members, Participants, or Others account in which they had a direct or organizations will be notified when the indirect interest at intervals of less than size of Auto-Ex eligible orders is A member firm submitted a comment 10 seconds, according to the Exchange, adjusted due to system problems or letter to the Commission dated Amex specialists and ROTs would be unusual market conditions. September 4, 2002, on SR-Amex-2002- unable to make markets with the Amex Rule 128A also provides that 42 (the previous extension of the Auto- proposed liquidity for all investors. the Chairman and Vice Chairman of the Ex for ETFs Pilot). In this Under Amex Rule 128A, members and Exchange, acting jointly, will determine correspondence, the member member organizations are responsible which ETFs are Auto-Ex eligible. organization objected to the 30-second ‘‘speed bump’’ in Rule 128A and sought 2. Statutory Basis 10 The proposed rule change reduces the interval from 30 seconds to 10 seconds, as discussed in The Exchange believes that the 11 15 U.S.C. 78f(b). Section II.C. below. proposed rule change is consistent with 12 15 U.S.C. 78f(b)(5).

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clarification that the 30-second window Persons making written submissions I. Self-Regulatory Organization’s applied only to electronic orders on the should file six copies thereof with the Statement of the Terms of Substance of same side of the market in a security. Secretary, Securities and Exchange the Proposed Rule Change On November 20, 2002, the Amex Board Commission, 450 Fifth Street, NW, NASD is proposing to amend Rule authorized revisions to Rule 128A to Washington, DC 20549–0609. Copies of 2330(e) to clarify that members and reduce the speed bump to 10 seconds the submission, all subsequent their associated persons are prohibited (less than the 15 second window that is amendments, all written statements from guaranteeing any customer against standard at options exchanges) and to with respect to the proposed rule loss in connection with any securities clarify that the new, 10 second, window change that are filed with the transaction or in any securities account only applies to orders on the same side Commission, and all written of such customer. In addition, NASD is of the market in a security. The communications relating to the proposing that associated persons obtain Exchange believes that it has addressed proposed rule change between the written authorization from their the concerns articulated by the member employing member firm and the organization. Commission and any person, other than those that may be withheld from the customer prior to sharing in a II. Date of Effectiveness of the Proposed public in accordance with the customer’s account under Rule 2330(f). Rule Change and Timing for provisions of 5 U.S.C. 552, will be The proposed rule change to Rule Commission Action available for inspection and copying in 2330(f) also deletes the requirement that The foregoing proposed rule change the Commission’s Public Reference members and associated persons obtain (1) does not significantly affect the Section. Copies of such filing will also the written authorization of the member protection of investors or the public be available for inspection and copying carrying the account prior to sharing in interest; (2) does not impose any at the principal office of the Amex. All a customer’s account. Below is the text of the proposed rule change. Proposed significant burden on competition; and submissions should refer to File No. new language is in italics; proposed (3) by its terms, does not become SR–Amex–2002–99 and should be deletions are in [brackets]. operative until 30 days from the date on submitted by January 27, 2003. which it was filed, or such shorter time * * * * * as the Commission may designate. The For the Commission, by the Division of Market Regulation, pursuant to delegated A. 2330. Customers’ Securities or Funds proposed rule change has therefore 17 become effective pursuant to Section authority. (a) Through (d) No Change. 13 Margaret H. McFarland, 19(b)(3)(A) of the Act and Rule 19b– (e) Prohibition Against Guarantees 4(f)(6) thereunder.14 Deputy Secretary. The Amex has requested that the [FR Doc. 03–182 Filed 1–3–03; 8:45 am] No member or person associated with a member shall guarantee a customer Commission waive the usual five-day BILLING CODE 8010–01–P notice and 30-day pre-operative waiting against loss in connection with any periods. The Commission believes that securities [account] transaction or in it is consistent with the protection of SECURITIES AND EXCHANGE any securities account of such customer [carried by the member or in any investors and the public interest to COMMISSION accelerate the operative date and to securities transaction effected by the member with or for such customer]. waive the five-day notice period so that [Release No. 34–47103; File No. SR–NASD– the pilot can continue without the 30- 2002–180] (f) Sharing in Accounts: Extent day delay. Thus, the Commission Permissible waives the five-day notice period and Self-Regulatory Organizations; Notice (1)(A) Except as provided in designates that the proposal become of Filing of Proposed Rule Change by operative immediately.15 The pilot paragraph (f)(2) no member or person the National Association of Securities associated with a member shall share extension will expire June 19, 2003. Dealers, Inc. Regarding the Prohibition At any time within 60 days of the directly or indirectly in the profits or Against Guarantees and Sharing in filing of this proposed rule change, the losses in any account of a customer Commission may summarily abrogate Customer Accounts carried by the member or any other member; provided, however, that a such rule change if it appears to the December 30, 2002. Commission that such action is member or person associated with a necessary or appropriate in the public Pursuant to Section 19(b)(1) of the member may share in the profits or interest, for the protection of investors, Securities Exchange Act of 1934 losses in such an account if (i) such or otherwise in furtherance of the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 [member or] person associated with a purposes of the Act.16 notice is hereby given that on December member obtains prior written 18, 2002, the National Association of authorization from the member IV. Solicitation of Comments Securities Dealers, Inc. (‘‘NASD’’) filed [carrying the account] employing the Interested persons are invited to with the Securities and Exchange associated person; (ii) such member or submit written data, views and Commission (‘‘SEC’’ or ‘‘Commission’’) person associated with a member arguments concerning the foregoing, the proposed rule change as described obtains prior written authorization from including whether the proposed rule in Items I, II, and III below, which Items the customer; and (iii) [the] such change is consistent with the Act. have been prepared by NASD. The member or person associated with a member [shall] shares in the profits or Commission is publishing this notice to 13 losses in any account of such customer 15 U.S.C. 78s(b)(3)(A). solicit comments on the proposed rule 14 17 CFR 240.19b–4(f)(6). only in direct proportion to the financial change from interested persons. 15 For purposes only of accelerating the operative contributions made to such account by date of this proposal, the Commission has either the member or person associated considered the proposed rule’s impact on 17 efficiency, competition, and capital formation. 15 17 CFR 200.30–3(a)(12). with a member. U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). (B) Exempt from the direct 16 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. proportionate share limitation of

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paragraph (f)(1)(A)(iii) are accounts of Rule 2330(e)—Prohibition Against Rule 2330(f)—Sharing in Accounts the immediate family of such member or Guarantees NASD Rule 2330(f) currently person associated with a member. For NASD Rule 2330(e) currently prohibits members and associated purposes of this Rule, the term prohibits a member or its associated persons from sharing in the profits or ‘‘immediate family’’ shall include persons from guaranteeing a customer losses in a customer’s account except parents, mother-in-law or father-in-law, against loss in any customer’s account under certain limited conditions.5 Rule husband or wife, children or any that is carried by the member and in any 2330(f)(1)(A) permits a member or relative to whose support the member or securities transaction effected by the person associated with a member to person associated with a member member with or for the customer. A share in the profits or losses in a otherwise contributes directly or strict reading of the rule would limit its customer’s account if such member or indirectly. application to only those guarantees person associated with a member (2) Notwithstanding the prohibition of made by the member (or the member’s obtains prior written authorization from paragraph (f)(1), a member or person associated persons) carrying the the member that is carrying the account associated with a member that is acting customer’s account and those and the sharing is proportionate to the as an investment adviser (whether or guarantees made by the member (or the member’s or associated person’s member’s associated persons) effecting a contributions to the account. NASD not registered as such) may receive securities transaction with or for the Rule 2330(f)(2) permits a member or compensation based on a share in customer. Consequently, guarantees person associated with a member that profits or gains in an account if (i) [the such as those made by an associated acts as an investment adviser to receive member or] such person associated with person to customers whose accounts are compensation based on a share in the a member seeking such compensation not carried by that associated person’s profits or gains in a customer’s account obtains prior written authorization from member potentially would not be if such member or person associated the member [carrying the account] prohibited under this reading of the with a member obtains prior written employing the associated person; (ii) rule. Similarly, guarantees made by an authorization from the member that is such member or person associated with associated person to customers whose carrying the account, and the conditions a member seeking such compensation securities transactions are not effected specified in Rule 205–3 under the obtains prior written authorization from by that associated person’s member Investment Advisers Act of 1940 are the customer; [,] and (iii) all of the potentially would not be prohibited satisfied. conditions in Rule 205–3 of the under this strict reading. Currently, both Rule 2330(f)(1)(A) and Investment Advisers Act of 1940 (as the NASD proposes to amend Rule Rule 2330(f)(2) require the member or same may be amended from time to 2330(e) to clarify that the rule prohibits associated person that is sharing in the time) are satisfied. a member and its associated persons profits or losses in a customer’s account * * * * * from making guarantees to any customer to obtain the prior written authorization because such guarantees create the of the member that is carrying the II. Self-Regulatory Organization’s expectation that the customer is account. These rules do not necessarily Statement of the Purpose of, and insulated from market risk intrinsic in require an associated person to obtain Statutory Basis for, the Proposed Rule securities ownership and may induce the prior written authorization of his or Change the customer to engage in a securities her employing member when sharing in transaction that is not otherwise the profits or losses in a customer’s In its filing with the Commission, appropriate for the customer. Even prior account. Employing members only NASD included statements concerning to the adoption of Rule 2330(e) would be notified if they also were the the purpose of and basis for the (formerly Article III, Section 19(e) of the carrying member of the account or if the proposed rule change and discussed any NASD Rules of Fair Practice), the SEC arrangement triggered application of comments it received on the proposed stated, with respect to guarantees, that another NASD rule, e.g., Rules 3030 rule change. The text of these statements ‘‘the observance of just and equitable (Outside Business Activities of an may be examined at the places specified principles of trade does not permit the Associated Person), 3040 (Private in Item IV below. NASD has prepared use of statements which lead an unwary Securities Transactions of an Associated summaries, set forth in Sections A, B, purchaser to the mistaken belief that his Person), or 3050 (Transactions for or by and C below, of the most significant transactions are free of risk.’’ 3 Associated Persons).6 NASD believes aspects of such statements. The proposed rule change will clarify that members and their associated 5 For example, this provision formed the basis of A. Self-Regulatory Organization’s persons are prohibited from making an NASD enforcement action against Credit Suisse Statement of the Purpose of, and First Boston, Inc. in which NASD found that Credit guarantees to any customer, not just Suisse First Boston’s practice of sharing in the Statutory Basis for, the Proposed Rule those customers whose accounts are profits in customers’ accounts in exchange for Change carried by the member or those allocating initial public offering securities to such customers for whom a member is customers violated Rule 2330(f). In January 2002, 1. Purpose 4 Credit Suisse First Boston settled this matter effecting a securities transaction. without admitting or denying the allegations. See The proposed rule change amends Credit Suisse First Boston Corporation, Letter of NASD rules regarding the prohibition 3 In the Matter of Philips & Company, 37 S.E.C. Acceptance, Waiver and Consent, No. CAF020002 66, 71 (1956). (Jan. 22, 2002). against guarantees and requirements 4 The proposed rule change is not, however, 6 Rule 3030, among other things, requires that governing sharing in customer accounts. intended to affect the types of guarantees that associated persons notify their employer member of Earlier this year, in response to requests currently are permitted under the rule; rather, the any business activity outside the scope of their for interpretive guidance, NASD proposed amendment seeks to clarify the relationship with the member. Rule 3040, among circumstances under which certain guarantees other things, requires that associated persons obtain reviewed the application of these rules. would be prohibited. For example, a ‘‘guarantee’’ written approval from their employer member Based on its review, NASD is proposing that is extended to all holders of a particular before engaging in any securities transaction for changes to these rules to clarify their security by an issuer as part of that security which they have or may receive selling generally would not be prohibited under Rule compensation outside the regular course or scope scope and enhance their effectiveness. 2330(e). of their employment with the member. Rule 3050,

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that the current requirement of receiving public interest. Specifically, the SR–NASD–2002–180 and should be authorization from (and only from) the proposed rule change is intended to submitted by January 27, 2003. carrying member of the customer facilitate compliance with Rule 2330(e) For the Commission, by the Division of account in which a member or by clarifying the conduct prohibited by Market Regulation, pursuant to delegated associated person intends to share is not the rule, and to strengthen the authority.8 the most effective regulatory approach regulatory protections provided in Rule Margaret H. McFarland, to address the potential risks of such 2330(f). Deputy Secretary. arrangements. NASD believes that it is [FR Doc. 03–184 Filed 1–3–03; 8:45 am] important that employing members be B. Self-Regulatory Organization’s BILLING CODE 8010–01–P notified and affirmatively authorize Statement on Burden on Competition sharing in a customer’s account so that NASD does not believe that the they are better able to supervise their proposed rule change will result in any SECURITIES AND EXCHANGE associated persons and ensure burden on competition that is not COMMISSION compliance with NASD rules and other necessary or appropriate in furtherance applicable laws and regulations. of the purposes of the Act. [Release No. 34–47104; File No. SR–NYSE– In addition, neither Rule 2330(f)(1)(A) 2002–39] C. Self-Regulatory Organization’s nor Rule 2330(f)(2) require a member or Statement on Comments on the Self-Regulatory Organizations; Order its associated persons to obtain the prior Proposed Rule Change Received From Granting Approval of Proposed Rule written authorization of the customer in Members, Participants, or Others Change by the New York Stock whose account they intend to share. Exchange, Inc. (‘‘NYSE’’) To Amend Written comments were neither NASD believes that it is important for a NYSE Rule 123D With Respect to solicited nor received. customer to provide his or her written Openings, Reopenings and Halts in approval prior to a member or its III. Date of Effectiveness of the Trading for Stocks Traded on the associated persons sharing in the profits Proposed Rule Change and Timing for Exchange or losses in that customer’s account. Commission Action NASD believes that it is important that December 30, 2002. customers be provided the opportunity Within 35 days of the date of On August 29, 2002, the New York to affirmatively authorize a member or publication of this notice in the Federal Stock Exchange, Inc. (‘‘NYSE’’) filed associated person to share in their Register or within such longer period (i) with the Securities and Exchange accounts. as the Commission may designate up to Commission (‘‘Commission’’), pursuant Therefore, NASD is proposing to 90 days of such date if it finds such to Section 19(b)(1) of the Securities amend Rules 2330(f)(1)(A) and longer period to be appropriate and Exchange Act of 1934 (‘‘Act’’) 1 and Rule 2330(f)(2) to require that, when sharing publishes its reasons for so finding or 19b–4 thereunder,2 a proposed rule in a customer’s account, associated (ii) as to which the self-regulatory change to amend NYSE Rule 123D: persons obtain the prior written organization consents, the Commission Openings and Halts in Trading. The authorization of their employing will: proposed amendments would shorten member and that members and their (A) By order approve such proposed the minimum time period between tape associated persons obtain the prior rule change, or indications and reopenings in stocks written authorization of the customer in (B) Institute proceedings to determine that are subject to a trading halt during whose account they will be sharing. whether the proposed rule change the trading day. The proposed rule NASD notes that, notwithstanding a should be disapproved. change, as amended, was published for member’s or associated person’s IV. Solicitation of Comments notice and comment in the Federal compliance with the requirements of Register on November 26, 2002.3 The Interested persons are invited to Rule 2330(f), the conduct permitted commission received no comments on submit written data, views, and under Rule 2330(f) may trigger notice the proposed rule change. arguments concerning the foregoing, and other requirements under other The Commission finds that the including whether the proposal is NASD rules, including NASD Rules proposed rule change is consistent with consistent with the Act. Persons making 3030, 3040, and 3050. Rule 2330(f) does the requirements of the Act and the written submissions should file six not affect the applicability of such other rules and regulations thereunder copies thereof with the Secretary, rules to these arrangements. applicable to a national securities Securities and Exchange Commission, exchange 4 and, in particular, the 2. Statutory Basis 450 Fifth Street, NW., Washington, DC requirements of Section 6 of the Act5 NASD believes that the proposed rule 20549–0609. Copies of the submission, and the rules and regulations change is consistent with the provisions all subsequent amendments, all written thereunder. The Commission believes of Section 15A(b)(6) of the Act,7 which statements with respect to the proposed that the NYSE’s amendments to NYSE require, among other things, that the rule change that are filed with the Rule 123D to revise the procedures for Association’s rules must be designed to Commission, and all written re-opening after a trading halt strike a prevent fraudulent and manipulative communications relating to the reasonable balance between preserving acts and practices, to promote just and proposed rule change between the the price discovery process and equitable principles of trade, and, in Commission and any person, other than general, to protect investors and the those that may be withheld from the 8 17 CFR 200.30–3(a)(12). public in accordance with the 1 15 U.S.C. 78s(b)(1). among other things, requires an associated person provisions of 5 U.S.C. 552, will be 2 17 CFR 240.19b–4. to notify his or her employer member in writing available for inspection and copying in 3 Securities Exchange Act Release No. 46852 prior to opening an account or placing an initial the Commission’s Public Reference (November 19, 2002), 67 FR 70796. order for the purchase or sale of securities with Room. Copies of such filing will also be 4 In approving this proposed rule change, the another member and to notify that member in Commission has considered the proposed rule’s writing of his or her employment relationship with available for inspection and copying at impact on efficiency, competition, and capital the employer member. the principal office of the NASD. All formation. 15 U.S.C. 78c(f). 7 15 U.S.C. 78o–3(b)(6). submissions should refer to File No. 5 15 U.S.C. 78f.

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providing timely opportunities for Dated: December 20, 2002. DEPARTMENT OF TRANSPORTATION investors to participate in the market. Miller Crouch, It is therefore ordered, pursuant to Acting Assistant Secretary for Educational Federal Aviation Administration Section 19(b)(2) of the Act 6 that the and Cultural Affairs, Department of State. RTCA Special Committee 201: proposed rule change (SR–NYSE–2002– [FR Doc. 03–198 Filed 1–3–03; 8:45 am] 39), be, and hereby is, approved. Aeronautical Operational Control BILLING CODE 4710–08–P (AOC) Message Hazard Mitigation For the Commission, by the Division of (AMHM) Market Regulation, pursuant to delegated authority.7 AGENCY: Federal Aviation Margaret H. McFarland, DEPARTMENT OF TRANSPORTATION Administration (FAA), DOT. Deputy Secretary. ACTION: Notice of RTCA Special [FR Doc. 03–183 Filed 1–3–03; 8:45 am] Office of the Secretary Committee 201 meeting. BILLING CODE 8010–01–M Application of Boston-Maine Airways SUMMARY: The FAA is issuing this notice Corp., D/B/A PAN AM Clipper to advise the public of a meeting of DEPARTMENT OF STATE Connection for Issuance of Amended RTCA Special Committee 201: Certificate Authority Aeronautical Operational Control. [Public Notice 4142] DATES: The meeting will be held on Culturally Significant Objects Imported AGENCY: Department of Transportation. January 21–23, 2003 11 a.m. for Exhibition Determinations: ACTION: Notice of order to show cause ADDRESSES: The meeting will be held at ‘‘Thomas Gainsborough, 1727–1788’’ (Order 2002–12–20) Docket OST–00– Continental Airlines, Flight Training AGENCY: Department of State. 7668. Facility, 17441 JFK Blvd., Houston, TX. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: (1) SUMMARY: The Department of RTCA Secretariat, 1828 L Street, NW., SUMMARY: Notice is hereby given of the Transportation is directing all interested Suite 805, Washington, DC, 20036– following determinations: Pursuant to persons to show cause why it should 5133; telephone (202) 833–9339; fax the authority vested in me by the Act of not issue an order (1) finding Boston- (202) 833–9434; Web site http:// October 19, 1965 (79 Stat. 985; 22 U.S.C. Maine Airways Corp. d/b/a Pan Am www.rtca.org. 2459), Executive Order 12047 of March Clipper Connection fit, willing, and able SUPPLEMENTARY INFORMATION: Pursuant 27, 1978, the Foreign Affairs Reform and to conduct operations using large to section 10(a)(2) of the Federal Restructuring Act of 1998 (112 Stat. aircraft, and (2) awarding it an amended Advisory Committee Act (Pub. L. 92– 2681, et seq.; 22 U.S.C. 6501 note, et certificate to engage in interstate 463, 5 U.S.C., Appendix 2), notice is seq.), Delegation of Authority No. 234 of scheduled air transportation of persons, hereby given for a Special Committee October 1, 1999, and Delegation of property, and mail, using large aircraft. 201 meeting. The agenda will include: Authority No. 236 of October 19, 1999, DATES: Persons wishing to file • January 21–23: as amended, I hereby determine that the • objects to be included in the exhibition objections should do so no later than Opening Session (Welcome, ‘‘Thomas Gainsborough, 1727–1788,’’ January 13, 2003. Introductory and Administrative Remarks, Review Federal Advisory imported from abroad for temporary ADDRESSES: Objections and answers to exhibition within the United States, are Committee Act and RTCA objections should be filed in Docket Procedures, Review Agenda, of cultural significance. The objects are OST–00–7668 and addressed to imported pursuant to loan agreements Background) Department of Transportation Dockets • with the foreign owners. I also Review Terms of Reference per the (SVC–124, Room PL–401), U.S. determine that the exhibition or display December 5, 2002, RTCA Program of the exhibit objects at the National Department of Transportation, 400 Management Committee • Gallery of Art, Washington, DC, from on Seventh Street, SW., Washington, DC Review proposed Phase I document or about February 9, 2003 to on or about 20590 and should be served upon the outline • May 11, 2003; the Museum of Fine Arts, parties listed in Attachment A to the Collect input from action item Boston, MA, from on or about June 15, order. groups 2003 to on or about September 14, 2003; • Draft other sections of Phase I FOR FURTHER INFORMATION CONTACT: Ms. and at possible additional venues yet to Document Janet A. Davis, Air Carrier Fitness be determined, is in the national • Review and revise drafts, make Division (X–56, Room 6401), U.S. interest. Public Notice of these further action item assignments Determinations is ordered to be Department of Transportation, 400 • Closing Session (Other Business, published in the Federal Register. Seventh Street, SW., Washington, DC Date and Place of Next Meeting, 20590, (202) 366–9721. FOR FURTHER INFORMATION CONTACT: For Closing Remarks, Adjourn) further information, including a list of Dated: December 27, 2002. Note: This agenda will be followed as the exhibit objects, contact Orde F. Read C. Van De Water, appropriate over the course of 3 days. Attendance is open to the interested public Kittrie, Attorney-Adviser, Office of the Assistant Secretary for Aviation and but limited to space availability. With the Legal Adviser, U.S. Department of State, International Affairs. (telephone: 202/401–4779). The address approval of the chairmen, members of the [FR Doc. 03–185 Filed 1–3–03; 8:45 am] public may present oral statements at the is U.S. Department of State, SA–44, 301 BILLING CODE 4910–62–P meeting. Persons wishing to present 4th Street, SW., Room 700, Washington, statements or obtain information should DC 20547–0001. contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of 6 15 U.S.C. 78s(b)(2). the public may present a written statement 7 17 CFR 200.30–3(a)(12). tot he committee at any time.

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Issued in Washington, DC, on December Attendance is open to the interested 238–7614. The application may be 23, 2002. public but limited to space availability. reviewed in person at 16 New England Janice L. Peters, With the approval of the chairmen, Executive Park, Burlington, FAA Special Assistant, RTCA Advisory members of the public may present oral Massachusetts. Committee. statements at the meeting. Persons SUPPLEMENTARY INFORMATION: The FAA wishing to present statements or obtain [FR Doc. 03–206 Filed 1–3–03; 8:45 am] proposes to rule and invites public information should contact the person BILLING CODE 4910–13–M comment on the application to impose listed in the FOR FURTHER INFORMATION and use the revenue from a PFC at CONTACT section. Members of the public Manchester Airport under the DEPARTMENT OF TRANSPORTATION may present a written statement to the provisions of the 49 U.S.C. 40117 and committee at any time. Federal Aviation Administration Part 158 of the Federal Aviation Issued in Washington, DC, on December Regulations (14 CFR part 158). RTCA Special Committee 198: Next- 23, 2002. On December 20, 2002, the FAA Generation Air/Ground Janice L. Peters, determined that the application to Communications System (NEXCOM), FAA Special Assistant, RTCA Advisory impose and use the revenue from a PFC Fifteenth Meeting Committee. submitted by City of Manchester, [FR Doc. 03–207 Filed 1–3–03; 8:45 am] Department of Aviation was AGENCY: Federal Aviation BILLING CODE 4910–13–M substantially complete within the Administration (FAA), DOT. requirements of section 158.25 of part ACTION: Notice of RTCA Special 158. The FAA will approve or Committee 198 meeting. DEPARTMENT OF TRANSPORTATION disapprove the application, in whole or in part, no later than April 1, 2003. SUMMARY: The FAA is issuing this notice Federal Aviation Administration to advise the public of a meeting of The following is a brief overview of RTCA Special Committee 198: Next- Notice of Intent to Rule on Application the application. Generation Air/Ground 03–10–C–00–MHT Impose and Use the Proposed charge effective date: Communications System (NEXCOM). Revenue From a Passenger Facility December 1, 2013. Proposed charge expiration date: DATES: Charge (PFC) at Manchester Airport, The meeting will be held on January 1, 2020. January 21–23, 2003, starting at 9 am. Manchester, NH Level of the proposed PFC: $3.00. ADDRESSES: The meeting will be held at AGENCY: Federal Aviation Total estimated PFC revenue: RTCA, 1828 L Street, Suite 805, Administration (FAA), DOT. $50,662,827. Washington, DC, 20036. ACTION: Notice of intent to rule on Brief description of proposed FOR FURTHER INFORMATION CONTACT: application. project(s): Runway 17–35 Extension and RTCA Secretariat, 1828 L Street, NW., Reconstruction. Residential and School Suite 805, Washington, DC, 20036; SUMMARY: The FAA proposes to rule and invites public comment on the Sound Insulation Program. telephone (202) 833–9339; fax (202) Phase II Terminal Expansion: 833–9434; Web site http://www.rtca.org. application to impose and use the revenue from a PFC at Manchester Construction and Construction SUPPLEMENTARY INFORMATION: Pursuant Airport under the provisions of the 49 Management. to section 19(a)(2) of the Federal U.S.C. 40117 and Part 158 of the Federal Phase II Terminal Expansion: Baggage Advisory Committee Act (P.L. 92–463, 5 Aviation Regulations (14 CFR part 158). Handling Devices, Site work, Ramp U.S.C., Appendix 2), notice is hereby Upgrades, and Jet Bridges. DATES: Comments must be received on given for a Special Committee 198 Phase II Terminal Expansion: Design or before February 5, 2003. meeting. The agenda will include: Fees. ADDRESSES: • January 21: Comments on this PFC Application Development. • Opening Plenary Session (Welcome application may be mailed or delivered Class or classes of air carriers that the and Introductory Remarks, Review in triplicate to the FAA at the following public agency has requested not be Agenda and Minutes of Previous address: Federal Aviation required to collect PFCs: On demand air Meeting) Administration, Airports Division, taxi/commercial operators (ATCO). • Status of Working Group (WG)–4, ANE–600, attn: Priscilla Scott, 12 New Any person may inspect the Transition Document for VHF England Executive Park, Burlington, application in person at the FAA office Massachusetts, 01803. Digital Link Mode 3 listed above under FOR FURTHER In addition, one copy of any • Status of WG–5, Proposed Change 1 INFORMATION CONTACT and at the FAA comments submitted to the FAA must to the NEXCOM Safety and regional Airports office located at: 16 be mailed or delivered to Kevin A. Performance Requirements (SPR) New England Executive Park, • Dillon, Airport Director of the City of Status of WG–6, Interoperability of Burlington, Massachusetts. Manchester, Department of Aviation at NEXCOM In addition, any person may, upon • the following address: One Airport Resolve Final Review and Comment request, inspect the application, notice Road, Suite 300, Manchester, New (FRAC) comments on deft WG–6 and other documents germane to the Interoperability Document for Hampshire, 03103–3395. Air carriers and foreign air carriers application in person at the City of plenary approval Manchester, Department of Aviation. • January 22: may submit copies of written comments • WG–5 meeting to review proposed previously provided to the City of Dated: Issued in Burlington, Massachusetts final Change 1 to SPR, and Manchester, Department of Aviation on December 20, 2002. recommend approval for FRAC of under section 158.23 of part 158. Vincent A. Scarano, Change 1 FOR FURTHER INFORMATION CONTACT: Manager, Airports Division, New England • January 23: Priscilla Scott, PFC Program Manager, Region. • WG–4 meeting to review Transition 12 New England Executive Park, [FR Doc. 03–208 Filed 1–3–03; 8:45 am] Document Burlington, Massachusetts, 01803, (781) BILLING CODE 4910–13–M

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DEPARTMENT OF TRANSPORTATION prior to the subject vehicle model years, Issued on: December 22, 2002. and no complaints were found in any Kenneth N. Weinstein, National Highway Traffic Safety model years after the subject vehicles. Associate Administrator for Enforcement. Administration None of the complaints reported loss of [FR Doc. 03–209 Filed 1–3–03; 8:45 am] control, crashes, injuries, or fatalities. Denial of Motor Vehicle Defect Petition, BILLING CODE 4910–59–P Furthermore, a similar review of DP02–009 consumer complaints of frame cracks on AGENCY: National Highway Traffic vehicles that are peers of the subject DEPARTMENT OF TRANSPORTATION Safety Administration (NHTSA), vehicles also shows no reports of loss of Research and Special Programs Department of Transportation. control, crashes, injuries or fatalities. Administration ACTION: Denial of petition for a defect Most of the complainants who own or recall. owned the subject vehicles were Actions on Exemption Applications contacted to confirm the reported SUMMARY: This notice sets forth the information and obtain additional AGENCY: Research and Special Programs reasons for the denial of a petition information. The average mileage at Administration, DOT. submitted to NHTSA under 49 U.S.C. failure of the frame on the subject ACTION: Notice of actions on Exemption 30162, requesting that the agency vehicles was reported by consumers to Applications. initiate an investigation of model year be approximately 93,000. (MY) 1995 Dodge Dakota vehicles to SUMMARY: In accordance with the address an alleged safety-related defect. After review and analysis of all the procedures governing the application The petition is identified as DP02–009. available information, it does not appear for, and the processing of, exemptions FOR FURTHER INFORMATION CONTACT: Mr. that cracking of the frame in the subject from the Department of Transportation’s Jonathan White, Office of Defects vehicles at the rate reported constitutes Hazardous Materials Regulations (49 Investigation (ODI), NHTSA, 400 a defect in vehicles that average 93,000 CFR part 107, subpart B), notice is Seventh Street, SW., Washington, DC miles. This is especially true given that hereby given of the actions on 20590. Telephone: (202) 366–5226. there have been no reported crashes, exemption applications in JULY– SUPPLEMENTARY INFORMATION: Mr. injuries, or deaths. Therefore, we do not SEPTEMBER 2002. The modes of Edward W. Bailey of Metairie, LA, believe that an investigation would transportation involved are identified by submitted a petition to NHTSA by letter result in the identification of a potential a number in the ‘‘Nature of (undated), requesting that NHTSA safety-related defect and this petition is Application’’ portion of the table below initiate a defect investigation of model denied. as follows: 1—Motor vehicle, 2—Rail year (MY) 1995 Dodge Dakota vehicles. In view of the foregoing, it is unlikely freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passenger-carrying The petitioner alleges that the chassis that NHTSA would issue an order for aircraft. Application numbers prefixed on the passenger side of his vehicle the notification and remedy of an by the letters EE represent applications cracked behind the right front wheel, alleged safety-related defect, as defined through no fault of his own, which he for Emergency Exemptions. It should be by the petitioner, in the subject vehicles noted that some of the sections cited believes constitutes a safety defect. A at the conclusion of an investigation. review of ODI’s database shows that were those in effect at the time certain Therefore, in view of the need to there are nine consumer complaints exemptions were issued. allocate and prioritize NHTSA’s limited related to frame cracks on MY 1995–96 resources to best accomplish the Issued in Washington, DC, on December Dodge Dakota vehicles (hereinafter 20, 2002. agency’s safety mission, the petition is referred to as the subject vehicles), not R. Ryan Posten, denied. including the petitioner’s complaint. No Exemptions Program Officer, Office of similar complaints were found in the Authority: 49 U.S.C. 30162(d); delegations Hazardous Materials Exemptions and three model years (1992, 1993, 1994) of authority at CFR 1.50 and 501.8. Approvals.

Application Exemption number number Applicant Regulation(s) affected Nature of exemption thereof

Modification Exemptions

7657–M ...... DOT–E 7657 Welker Engineering Com- 49 CFR 173.201, To modify the exemption to authorize the transpor- pany, Sugar Land, TX. 173.202, 173.203, tation of additional Division 2.1, 2.2, 2.3 and Class 173.302(a)(1), 3 materials in a non-DOT specification stainless 173.304(a)(1), steel cylinder. 173.304(b)(1), 175.3. 7657–M ...... DOT–E 7657 Welker Engineering Com- 49 CFR 173.201, To modify the exemption to authorize the transpor- pany, Sugar Land, TX. 173.202, 173.203, tation of additional Division 2.1 and 2.2 materials 173.302(a)(1), in a non-DOT specification stainless steel cyl- 173.304(a)(1), inders. 173.304(b)(1), 175.3. 8232–M ...... DOT–E 8232 National Refrigerants, 49 CFR 173.123(a), To modify the exemption to authorize the transpor- Inc., Philadelphia, PA. 173.315. tation of a Division 2.2 material in non-DOT speci- fication portable tanks. 8915–M ...... DOT–E 8915 E.I. DuPont de Nemours 49 CFR 173.301(d), To modify the exemption to authorize the transpor- and Company, Wil- 173.302(a)(3), tation of an additional Division 2.1 material in a mington, DE. 173.302(a)(5). manifolded DOT Specification cylinder.

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Application Exemption number number Applicant Regulation(s) affected Nature of exemption thereof

9419–M ...... DOT–E 9419 FIBA Technologies, Inc., 49 CFR 173.302(c)(2), To modify the exemption to authorize the elimination Westboro, MA. 173.302(c)(3), of the annual quantity limitation when performing 173.302(c)(4), the acoustic emission testing (AET) on DOT Spec- 173.34(e), Part 107, ification cylinders for the transportation of various Subpart B, Appendix B. Division 2.1 and 2.2 gases. 9508–M ...... DOT–E 9508 Callery Chemical Com- 49 CFR 173.202(a)(3), To modify the exemption to authorize the transpor- pany, Pittsburgh, PA. 173.34(e), 175.3. tation of an additional Division 4.3 material in DOT Specification cylinders. 10389–M ...... DOT–E 10389 Great Lakes Chemical 49 CFR 174.67(i) ...... To modify the exemption to authorize the transpor- Corporation, El Dorado, tation of a Division 6.1 and additional Class 8 ma- AR. terial in tank cars. 10789–M ...... DOT–E 10789 Allied Universal Corpora- 49 CFR 173.304(a)(2), To modify the exemption to authorize the retest pe- tion, Miami, FL. 173.34(d), 173.34(e). riod from 2 to 5 years for non-DOT specification fully open-head steel salvage cylinders and the use of a 3AA480 cylinder for the transportation of Division 2.3 materials. 10985–M ...... DOT–E 10985 Georgia-Pacific Corpora- 49 CFR 174.67(i), (j) ...... To modify the exemption to authorize the transpor- tion, Atlanta, GA. tation of a Division 5.1 material in DOT Specifica- tion tank cars. 11262–M ...... DOT–E 11262 CAIRE Inc. (Division of 49 CFR 173.316(c)(2), To modify the exemption to authorize a new non- CHART Industries), 175.3, 178.57–8(c). DOT specification cylinder design for the transpor- Burnsville, MN. tation of Division 2.2 materials used in a liquid ox- ygen supply system. 11373–M ...... DOT–E 11373 Chemical Resources, Inc., 49 CFR 117.848(d) ...... To modify the exemption to authorize for-hire con- Louisville, KY. tract carriers the ability to transport Division 4.2 materials on the same vehicle with Class 8 mate- rials. 11379–M ...... DOT–E 11379 TRW Automotive, Occu- 49 CFR 173.301(h), To modify the exemption to authorize extension of pant Safety Systems, 173.302. the 10-hour lot duration for the non-DOT specifica- Washington, MI. tion pressure vessels used as components of automobile vehicle safety systems. 11380–M ...... DOT–E 11380 Baker Atlas (Houston 49 CFR 173.34(d), To modify the exemption to authorize a new tank as- Technology Center), 178.37–13, 178.37–15, sembly design for the non-DOT specification Houston, TX. 178.37–5. seamless cylinders transporting Division 2.1 mate- rials. 11401–M ...... DOT–E 11401 Agilent Technologies, Inc., 49 CFR 172, 173.124, To modify the exemption to authorize an increase Santa Clara, CA. 173.125, 174, 175, 176, from 6 grams to a maximum of 9 grams of cesium 177. in the inner cylinder device. 11650–M ...... DOT–E 11650 Autoliv ASP, Inc., Ogden, 49 CFR 178.65–9 ...... To modify the exemption to authorize an additional UT. design qualification of the non-DOT specification pressure vessel sidewall opening for the transpor- tation of Division 2.2 materials. 11759–M ...... DOT–E 11759 Honeywell International, 49 CFR 179.15(a) ...... To modify the exemption to authorize the use of an Inc., Morristown, NJ. additional specification tank car with increased wall thickness for the transportation of Division 6.1 materials. 11970–M ...... DOT–E 11970 ExxonMobil Chemical 49 CFR 172.101, To modify the exemption to authorize the use of al- Company, Houston, TX. 178.245–1(c). ternative size non-DOT specification steel portable tanks for the transportation of a Division 4.2 mate- rial. 12398–M ...... DOT–E 12398 Praxair Inc., Danbury, CT 49 CFR 173.34(d), To modify the exemption to authorize the transpor- 178.35(e). tation of Division 2.3 and an additional Division 2.2 material in DOT 3A and 3AA cylinders equipped with an alternative relief device and to add cargo vessel as an additional mode of transportation. 12690–M ...... DOT–E 12690 Air Liquide America Cor- 49 CFR 173.304(a)(2), To modify the exemption to authorize cargo vessel poration, Houston, TX. Note 2. as an additional mode for the transportation of a Division 2.3 material in DOT Specification 3AA steel cylinders. 12844–M ...... DOT–E 12844 Delphi Automotive Sys- 49 CFR 173.301(h), To modify the exemption to authorize relief from the tems, Troy, MI. 173.302(a), 175.3. requirement for each non-DOT specification pres- sure vessel longitudinal weld seam to be 100% ra- diographically inspected for the transportation of Division 2.2 materials. 12855–M ...... DOT–E 12855 Kraton Polymers U.S. 49 CFR 172.302(c), To reissue the exemption originally issued on an LLC, Belpre, OH. 173.240. emergency basis for the transportation of non- DOT specification pressure vessels containing a Class 3 material. 12917–M ...... DOT–E 12917 Northwest Ohio Towing & 49 CFR 173.242(b) ...... To reissue the exemption originally issued on an Recovery, Inc., emergency basis for the transportation of Class 3 Beaverdam, OH. materials in non-DOT specification cargo tanks (aviation refuelers).

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Application Exemption number number Applicant Regulation(s) affected Nature of exemption thereof

13002–M ...... DOT–E 13002 Department of Defense 49 CFR 172.301(c), To modify the exemption to reissue the exemption (MTMC), Fort Eustis, 173.203(a), originally issued on an emergency basis for the VA. 173.306(f)(1). transportation of Division 2.2 materials in accumu- lators. 13015–M ...... DOT–E 13015 BOC Gases, Murray Hill, 49 CFR 172.203(a), Modification request to provide a transitional period NJ. 172.301(c), for use of cylinder collars that obscure required 173.400a(a)(1), markings. 178.35(f). 13016–M ...... DOT–E 13016 Carrier Transicold, Syra- 49 CFR 172.301(c), To reissue the exemption originally issued on an cuse, NY. 173.24(b)(1). emergency basis for the release of a Division 2.2 gas from a DOT Specification cyclinder used in re- frigerating equipment.

New Exemptions

12630–N ...... DOT–E 12630 Chemetall GmbH Gesell- 49 CFR 172.102(a)(2) & To authorize the transportation in commerce of lith- schaft, Langelsheim, (c)(7)(ii). ium alkyls, Division 4.2, in non-DOT specification DE. IM 101 portable tanks with an equivalent minimum shell thickness less than that prescribed for the material. (modes 1, 2, 3) 12753–N ...... DOT–E 12753 Praxair, Inc., Danbury, CT 49 CFR 173.304(a) ...... To authorize the transportation in commerce of cer- tain toxic gases in 3AX and 3AAX cylinders not presently authorized for use in transporting dichlorosilane, Division 2.3. (mode 1) 12872–N ...... DOT–E 12872 Southern California Edi- 49 CFR 173.403 ...... To authorize the one-time transportation in com- son, San Clemente, CA. merce of specially designed equipment containing Class 7 radioactive material. (mode 2) 12874–N ...... DOT–E 12874 Zomeworks Corporation, 49 CFR 171 to 180 ...... To authorize the transportation in commerce of ma- Albuquerque, NM. chine components that are charged with non-flam- mable, non-toxic refrigerant gas without packaging or communication requirements. (modes 1, 2, 3, 4, 5) 12953–N ...... DOT–E 12953 Westinghouse Electric 49 CFR 173.453(d)...... To authorize the transportation in commerce of Company, Pittsburgh, packages of fissile material that exceed the quan- PA. tities presently authorized. (modes 1, 2) 12955–N ...... DOT–E 12955 Air Cruisers Company, 49 CFR 172.301(c), To authorize the transportation in commerce of life- Belmar, NJ. 173.219(b)(1). saving appliances containing a compressed gas cylinder that is filled in excess of its marked serv- ice pressure. (modes 1, 4, 5) 12972–N ...... DOT–E 12972 Voltaix, Inc., North 49 CFR 173.301(j) ...... To authorize the transportation in commerce of non- Branch, NJ. DOT specification cylinders for export containing various compressed gases without pressure relief devices. (modes 1, 3) 12982–N ...... DOT–E 12982 Arthur L. Fleener, Ames, 49 CFR 175.320 ...... To authorize the transportation in commerce of Divi- IA. sion 1.1 explosives, which are forbidden for ship- ment by passenger-carrying aircraft to remote areas when no other means of transportation is available. (mode 5) 12994–N ...... DOT–E 12994 Air Liquide American Cor- 49 CFR 173.34(d) ...... To authorize the transportation in commerce of cer- poration, Houston, TX. tain DOT specification cylinders and cylinders manufactured to a foreign specification without pressure relief devices. (modes 1, 3) 12995–N ...... DOT–E 12995 The Dow Chemical Com- 49 CFR 173.306(a)(3)(v) To authorize the transportation in commerce of inner pany, Midland, MI. metal receptacles which have been subjected to an alternative testing procedure for use in trans- porting limited quantities of compressed gases. (modes 1, 2, 3, 4) 12997–N ...... DOT–E 12997 Albermarle Corporation, 49 CFR 173.24(g)(4) ...... To authorize the transportation in commerce of haz- Baton Rouge, LA. ardous materials in a vented bulk packaging (an intermediate bulk container) when venting is not authorized. (modes 1, 2, 3) 13020–N ...... DOT–E 13020 Bristol Bay Contractors, 49 CFR 173.243, 173.315 To authorize the transportation in commerce of pro- Inc., King Salmon, AL. pane in certain non-specification portable tanks. (modes 1, 2, 3) 13023–N ...... DOT–E 13023 Energy Conversion De- 49 CFR 173.187 ...... To authorize the one-time transportation in com- vices, Inc., Troy, MI. merce of one overpack containing a specially de- signed device containing a Division 4.2 material that exceeds the maximum quantity limitations. (mode 1) 13025–N ...... DOT–E 13025 Southern California Edi- 49 CFR 173.403, 173.427 To authorize the one-time transportation in com- son, San Clemente, CA. merce of specially designed equipment containing Class 7 hazardous materials. (mode 1)

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Application Exemption number number Applicant Regulation(s) affected Nature of exemption thereof

13027–N ...... DOT–E 13027 Hernco Fabrication & 49 CFR 173.241, 173.242 To authorize the manufacture, mark, sale and use of Services, Midland, TX. a packaging consisting of manifolded non-DOT specification tanks for use in transporting certain Class 3 and Class 8 hazardous materials. (mode 1) 13034–N ...... DOT–E 13034 ATK–Ammunition Acces- 49 CFR 173.24(c), To authorize the transportation in commerce of ex- sories, Inc., Lewiston, 173.54(a), 173.62. plosive components, Division 1.4S in specially de- ID. signed packaging. (mode 1) 13048–N ...... DOT–E 13048 Department of Energy/ 49 CFR 173.244 ...... To authorize the one-time, one-way transportation in Richland Operations Of- commerce of a non-DOT specification containment fice, Richland, WA. system for waste disposal. (mode 1) 13052–N ...... DOT–E 13052 Questar, Inc., North Can- 49 CFR 172.301(a), To authorize the manufacture, marking, sale and use ton, OH. 172.301(c), 172.400(a), of UN 11G fiberboard intermediate bulk containers 173.173(b)(2), 173.242. for use as the outer packaging for certain waste paints and waste paint related material, Class 3 in 5 gallon pails. (mode 1) 13056–N ...... DOT–E 13056 American Type Culture 49 CFR 172, Subpart C, To authorize the transportation in commerce of cer- Collection (ATCC), Ma- 173.134. tain infectious substances in special packagings. nassas, VA. (mode 1) 13057–N ...... DOT–E 13057 MINTEQ International 49 CFR 172 Subparts D, To authorize the transportation in commerce of Inc., Easton, PA. E & F, 173.24(c) Sub- metal tubing containing hazardous materials to be parts E & F of Part 173. transported with minimal regulation. (modes 1, 2, 3) 13083–N ...... DOT–E 13083 Rockwood Pigments NA, 49 CFR 172,101 (SP IB6 To authorize the transportation in commerce of self- Inc., St. Louis, MO. or IP2). heating, solid, organic, n.o.s. in fexible inter- mediate bulk containers not to exceed 2,500 lbs. (modes 1, 2, 3) 13092–N ...... DOT–E 13092 Aztec Peroxides, L.L.C., 49 CFR 173.225(e) ...... To authorize the transportation in comerce of certain Elyria, OH. organic peroxides, Division 5.2 in DOT-Specifica- tion cargo tanks. (mode 1)

EMERGENCY EXEMPTIONS

EE 8556–M .. DOT–E 8556 Gardner Cryogenics, Le- 49 CFR 173.318, Modification request to add reference to an addi- high Valley, PA. 176.76(g)(1), 178.338. tional flow diagram. (modes 1, 2) EE 12955–M DOT–E 12955 Air Cruisers ...... 49 CFR 172.301(c), Modification request to provide additional time for 173.219(b)(1). cylinders to be re-marked. (modes 1, 4, 5) EE 12976–M DOT–E 12976 University of Pittsburgh, 49 CFR 172.302(c), Modification request to provide an additional 90 days Pittsburgh, PA. 173.196. due to construction delays. (mode 1) EE 13014–M DOT–E 13014 Acambis Inc., Cambridge, 49 CFR 173.196, 178.609 Modification request to provide additional time to MA. transport smallpox vaccine due to technical delays. (mode 1) EE 13032–N DOT–E 13032 Conax Florida Corp. 2, St. 49 CFR 178.65 ...... To authorize the transportation in commerce of a Petersburg, FL. DOT cylinder as part of a component for a vehicle that is part of the National Missile Defense Pro- gram. (mode 1) EE 13036–N DOT–E 13036 Datum, Beverly, MA ...... 49 CFR 173.34(d) ...... To authorize the transportation in commerce of a non-DOT specification container for hydrogen. (mode 1) EE 13042–M DOT–E 13042 Department of State, 49 CFR 172.101, Table Emergency modification request to authorize Tyvek Washington, DC. Column 8C. bags as inner packaging for transportation of an- thrax contaminated objects. (mode 1) EE 13065–N DOT–E 13065 ShipMate, Inc., Torrance, 49 CFR 173.166(c) ...... Emergency request to authorize the transportation of CA. air bag modules and seat-belt pretensioners using an abbreviated EX number (i.e., the last two digits of the year rather than using a four digit number to identify the year). (mode 1, 2, 3, 4, 5) EE 13065–M DOT–E 13065 Toyota Motor Sales ...... 49 CFR 173.166(c) ...... Emergency request to authorize the transportation of air bag modules and seat-belt pretensioners using an abbreviated EX number (i.e., the last two digits of the year rather than using a four digit number to identify the year). (mode 1, 2, 3, 4, 5) EE 13067–N DOT–E 13067 Kuehne Chemical Com- 49 CFR 172.302(c), To authorize the transportation in commerce of a pany, South Kearney, 179.300–12(b), leaking DOT specification multi-unit tank car tank NJ. 179.300–13(a), that has been fitted with an emergency ‘‘B’’ kit to 179.300–14. prevent leakage during transportation. (mode 1) EE 13068–N DOT–E 13068 Brenntag Mid-South Inc., 49 CFR 172.302(c), To authorize the transportation in commerce of a Springfield, MO. 179.300–12(b), leaking multi-unit tank car tank that has been fitted 179.300–13(a), with an emergency ‘‘B’’ kit to prevent leakage dur- 179.300–14. ing transportation. (mode 1)

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Application Exemption number number Applicant Regulation(s) affected Nature of exemption thereof

EE 13071–N DOT–E 13071 JCI Jones Chemcials, 49 CFR 173. 49 CFR To authorize the transportation in commerce of a Inc., Charlotte, NC. 172.302(c), 179.300– leaking DOT specification multi-unit tank car tank 12(b), 179.300–13(a), that has been fitted with an emergency ‘‘B’’ kit 179.300–14. prevent leakage (mode 1) EE13072–N .. DOT–E 13072 JCI Jones Chemicals, 49 CFR 173.302(c), To authorize the transportation in commerce of a Inc., Beech Grove, IN. 179.300–12(b), leaking DOT multi-unit tank car tank that has been 179.300–13(a), fitt4ed with an emergency ‘‘B’’ kit to prevent leak- 179.300–14. age during transportation. (mode 1) EE13073–N .. DOT–E 13073 Alcohol, Tobacco & Fire- 49 CFR 173,56(b), 173.62 Emergency request to transport 35 grams of unap- arms, Washington, DC. proved explosives to an ATF laboratory. (mode 1) EE13074–N .. DOT–E 13074 Harcross Chemicals Inc., 49 CFR 173.34(d) ...... Emergency request to transport a DOT3A480 cyl- Kansas City, KS. inder containing chlorine that has developed a leak and has a Chlorine Institute A Kit applied. (mode 1) EE13075–N .. DOT–E 13075 Alexander Chemical 49 CFR 173.302(c), To authorize the transportation in commerce of a Corp., LaPorte, IN. 179.300–12(b), leaking DOT specification multi-unit tank car tank 179.300–13(a), that has been fitted with an emergency ‘‘B’’ kit to 179.300–14. prevent leakage during transportation. (mode 1) EE13079–N .. DOT–E 13079 Atofina Chemicals, Inc., 49 CFR 172.400 ...... To authorize the transportation in commerce for a Philadelphia, PA. one-time shipment of class 9 materials that have been mis-labeled as class 3 flammables. (mode 1) EE13086–N .. DOT–E 13086 Alexander Chemical Cor- 49 CFR 173.34(d) ...... Emergency request to transport a DOT3AA480 cyl- poration, LaPorte, IN. inder containing chlorine which has developed a leak and is fitting with a Chlorine Institute A Kit. (mode 1) EE13089–N .. DOT–E 13089 Harcross Chemicals, Inc., 49 CFR 172.301(c), Emergency request to transport a DOT 3A480 cyl- Kansas City, KS. 173.34(d). inder containing chlorine that has developed a leak and has a Chlorine Institute A kit applied. (mode 1) EE13090–N .. DOT–E 13090 JCI Jones Chemicals Inc., 49 CFR 173.301(c), To authorize the transportation in commerce of a Caledonia, NY. 173.34(d). leaking DOT3A480 cylinder containing chlorine which has an emergency ‘‘A’’ kit applied to pre- vent leakage during transportation. (mode 1) EE13093–N .. DOT–E 13093 Kuehne Chemical Com- 49 CFR 173.302(c), To authorize the transportation in commerce of a pany, South Kearny, NJ. 179.300–12(b), leaking DOT specification multi-unit tank car tank 179.300–13(a), that has been fitted with an emergency ‘‘B’’ kit to 179.300–14. prevent leakage during transportation. (mode 1) EE13094–N .. DOT–E 13094 Airgas Nor Pac, Seattle, 49 CFR 173.302(c), To authorize the transportation in commerce of a WA. 179.300–12(b), leaking DOT specification multi-unit tank car tank 179.300–13(a), that has been fitted with an emergency ‘‘B’’ kit to 179.300–14. prevent leakage during transportation. (mode 1) EE13095–N .. DOT–E 13095 Ocean Drilling Program, 49 CFR 173.302, 175.3 ... Emergency request to transport certain non-DOT College Station, TX. specification hydraulic accumulators containing methane. (mode 1) EE 13096–N DOT–E 13096 Hacros Chemicals Inc., 49 CFR 172.301(c), Emergency request to transport a DOT 3A480 speci- Kansas City, KS. 173.34(d). fication cylinder containing chlorine that has devel- oped a leak and has a Chlorine Institute A kit ap- plied. (mode 1) EE 13097–N DOT–E 13097 Alexander Chemical Cor- 49 CFR 172.301(c), Emergency request to transport a DOT 3AA480 poration, LaPorte, IN. 173.34(d). specification cylinder containing chlorine that has developed a leak and has a Chlorine Institute A kit applied. (mode 1) EE 13098–N DOT–E 13098 JCI Jones Chemicals, 49 CFR 172.302(c), Emergency request to transport a DOT 106A500 Inc., Caledonia, NY. 179.300–12(b), specification multi unit tank car tank containing 179.300–13(a), chlorine that has developed a task and has a chlo- 179.300–14. rine Institute B kit applied. (mode 1) EE 13099–N DOT–E 13101 The Colibri Corporation, 49 CFR 172.301(a), Emergency request to authorize the transportation in Providence, RI. 172.301(c), 178.3, commerce of receptable containing flammable gas 178.33a–9. that are not marked with a specification, and are mis-marked with the proper shipping name and identification number. (mode 1) EE 13102–N DOT–E 13102 Watts Regulator Com- 49 CFR 173.150(b), Emergency request to transport non-DOT specifica- pany, North Andover, 173.222(c), 173.306(a), tion packagings, with limited quantities of various MA. 173.322. hazardous materials. (modes 1, 2, 4) EE 13103–N DOT–E 13103 JCI Jones Chemicals Inc., 49 CFR 172, Subparts Emergency request to transport a DOT Specification Milford, VA. C&G, 172.301(c), 3A480 cylinder containing chlorine that has devel- 173.34(d). oped a leak and is equipped with a Chlorine Insti- tute A kit. (mode 1) EE 13113–N DOT–E 13113 Dow Chemicals, Inc., 49 CFR 172.302(c), Emergency request to transport a DOT Specification Kansas City, KS. 179.300–12(b), 106A500 multi unit tank car tank containing chlo- 179.300–13(a), rine which developed a leak in the valve and has 179.300–14. a Chlorine Institute B kit applied. (mode 1)

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Application Exemption number number Applicant Regulation(s) affected Nature of exemption thereof

EE 13113–N DOT–E 13113 Dow AgroSciences L.L.C., 49 CFR 172.302, To authorize the transportation in commerce of a di- Indianapolis, IN. 173.243(b) and (c). vision 6.1 material in DOT specification cargo tanks that are not authorized for that material in the HMR. (mode 1) EE 13115–N DOT–E 13115 Airgas Northeast, Chesh- 49 CFR 172.301(c), Emergency request to transport a DOT specification ire, CT. 173.34(d). 4BW240 cylinder containing sulfur dioxide which developed a leak and has a Chlorine Institute A kit applied. (mode 1) EE 13119–N DOT–E 13119 JCI Jones Chemicals Inc., 49 CFR 172.301(c), Emergency request to transport a DOT specification Cadedonia, NY. 173.34(d). 3A480 cylinder containing sulfur dioxide that has developed a leak and has a Chlorine Institute A kit applied. (mode 1) EE 13120–N DOT–E 13120 JCI Jones Chemicals, 49 CFR 173.302(c), To authorize the transportation in commerce of a Charlotte, NC. 179.300–12(b), leaking DOT specification multi-unit tank car tank 179.300–13(a), that has been fitted with an emergency ‘‘B’’ kit to 179.300–14. prevent leaking during transportation. (mode 1) EE 13121–N DOT–E 13121 Airgas, Corpus Christi, TX 49 CFR 172.301(c), Emergency request to transport a DOT specification 173.34(d). 3A480 cylinder containing chlorine that developed a leak and has a Chlorine Institute A kit applied. (mode 1) EE 13122–N DOT–E 13122 DPC Enterprises, Hous- 49 CFR 172.302(c), Emergency request to transport a DOT specification ton, TX. 179.300–12(b), 106A500X multi unit tank car tank containing sul- 179.300–13(a), fur dioxide that developed a leak and has a Chlo- 179.300–14. rine Institute B kit applied. (mode 1) EE 13123–N DOT–E 13123 DPC Enterprises, Hous- 49 CFR 172.301(c), Emergency request to transport a DOT specification ton, TX. 173.34(d). 3A480 cylinder containing chlorine that developed a leak and has a Chlorine Institute A kit applied. (mode 1) EE 13125–N DOT–E 13125 Allied Universal Corpora- 49 CFR 173.302(c), To authorize the transportation in commerce of a tion, Miami, FL. 179.300–12(b), leaking ton cylinder that has been fitted with an 179.300–13(a), emergency ‘‘B’’ kit to prevent leakage during 179.300–14. transportation. (mode 1) EE 13126–N DOT–E 13126 Univar USA Inc., 49 CFR 172.301(c), Emergency request to transport a DOT specification Twinsburg, OH. 173.34(d). 3A480 cylinder containing sulfur dioxide that de- veloped a leak and has a Chlorine Institute A kit applied. (mode 1) EE 13128–N DOT–E 13128 Alexander Chemical Co., 49 CFR 173.34(d) ...... To authorize the transportation in commerce of a LaPorte, IN. leaking cylinder that has been fitted with an emer- gency ‘‘A’’ kit to prevent leakage during transpor- tation. (mode 1) EE 13130–N DOT–E 13130 DPC Enterprises, Hous- 49 CFR 173.34(d) ...... To authorize the transportation in commerce of a ton, TX. leaking cylinder that has been fitted with an emer- gency ‘‘A’’ kit to prevent leakage during transpor- tation. (mode 1) EE 13131–N DOT–E 13131 Airgas-Nor Pac, Inc., Port- 49 CFR 173.34(d) ...... To authorize the transportation in commerce of a land, OR. leaking cylinder that has been fitted with an emer- gency ‘‘A’’ kit to prevent leakage during transpor- tation. (mode 1)

DENIALS

10440–M ...... Request by MASS Systems (A Unit of Ameron Global, Inc.) Baldwin Park, CA to modify the exemption to authorize an alternative maintenance/inspection program for welded austenitic stainless steel non-DOT specification cyl- inders, conforming with DOT Specification 4DS, for the transportation of Division 2.2 materials denied September 27, 2002. 11759–M ...... Request by E.I DuPont de Nemours & Company, Inc. Wilmington, DE to modify the exemption to authorize the transportation of a Division 6.1 material in DOT Specification tank cars denied August 6, 2002. 12820–N ...... Request by Trinity Manufacturing Hamlet, NC to authorize the transportation in commerce of chloropicrin, 6.1, poi- son inhalation hazard, Hazard Zone B and chloropicrin mixtures in 1A1 drums in an alternative stacking position denied July 16, 2002. 12845–N ...... Request by Qantas Airways Limited Los Angeles, CA to authorize the transportation in commerce of cylinders con- taining medical use compressed oxygen that exceed the present quantity limitation denied September 27, 2002. 13024–N ...... Request by Sybron Dental Specialties Inc. Orange, CA to authorize the transportation in commerce of specially de- signed packagings containing metallic mercury, Class 8 in package quantities exceeding one pound with the pre- scribed marking and labelling denied September 25, 2002.

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[FR Doc. 03–187 Filed 1–3–03; 8:45 am] exemption applications that have been 3. Application is technically complex BILLING CODE 4909–60–M in process for 180 days or more. The and is of significant impact or reason(s) for delay and the expected precedent-setting and requires extensive completion date for action on each analysis. DEPARTMENT OF TRANSPORTATION application is provided in association 4. Staff review delayed by other with each identified application. priority issues or volume of exemption Research and Special Programs FOR FURTHER INFORMATION CONTACT: R. applications. Administration Ryan Posten, Exemptions Program Meaning of Application Number Office of Hazardous Materials Safety; Officer Hazardous Materials Exemptions Suffixes and Approvals, Research and Special Notice of Delays in Processing of N—New application. Exemption Applications Programs Administration, U.S. Department of Transportation, 400 M—Modification request. AGENCY: Research and Special Programs Seventh Street, SW., Washington, DC PM—Party to application with Administration, DOT. 20590–0001, (202) 366–4535. modification request. Issued in Washington, DC, on December ACTION: List of applications delayed Key to ‘‘Reasons for Delay’’ more than 180 days. 20, 2002. 1. Awaiting additional information R. Ryan Posten, SUMMARY: In accordance with the from applicant. Exemptions Program Officer, Office of requirements of 49 U.S.C. 5117(c), RSPA 2. Extensive public comment under Hazardous Materials Exemptions and is publishing the following list of review. Approvals.

NEW EXEMPTION APPLICATIONS

Reason for Estimated date Application No. Applicant delay of completion

11862–N ...... The BOC Group, Murray Hill, NJ ...... 4 03/31/2003 11927–N ...... Alaska Marine Lines, Inc., Seattle, WA ...... 4 01/31/2003 12381–N ...... Ideal Chemical & Supply Co., Memphis, TN ...... 3 05/31/2003 12412–N ...... Great Western Chemical Company, Portland, OR ...... 3 05/31/2003 12440–N ...... Luxfer Inc., Riverside, CA ...... 1 05/31/2003 12648–N ...... Stress Engineering Services, Inc., Houston, TX ...... 4 02/28/2003 12701–N ...... Fuel Cell Components & Integrators, Inc., Hauppauge, NY ...... 1 01/31/2003 12706–N ...... Raufoss Composites AS, Raufoss, NO ...... 1, 3 03/31/2003 12715–N ...... Arkansas Eastman Division, Eastman Chemical Co., Batesville, AR ...... 4 01/31/2003 12718–N ...... Weldship Corporation, Bethlehem, PA ...... 4 01/31/2003 12751–N ...... Defense Technology Corporation, Casper, WY ...... 4 01/31/2003 12859–N ...... Atlantic Research Corporation, Gainesville, VA ...... 4 03/31/2003 12867–N ...... G.L.I. Citergaz, 964 Civray, FR ...... 1 03/31/2003 12902–N ...... C&S Railroad Corp., Jim Thorpe, PA ...... 4 01/31/2003 12941–N ...... The Neiman Marcus Group, Longview, TX ...... 4 01/31/2003 12950–N ...... Walnut Industries, Inc., Bensalem, PA ...... 4 01/31/2003 12960–N ...... International Fuel Cells, South Windsor, CT ...... 4 03/31/2003 12973–N ...... Viking Packing Specialist, Tulsa, OK ...... 4 03/31/2003 12988–N ...... Air Products & Chemicals, Inc., Allentown, PA ...... 1 05/31/2003 12990–N ...... Technifab Products, Inc., Brazil, IN ...... 4 01/31/2003 12991–N ...... General Plastics Manufacturing Company, Tacoma, WA ...... 4 01/31/2003 12998–N ...... Safety-Kleen Services, Inc., Columbia, SC ...... 4 01/31/2003 12999–N ...... Safety-Kleen Services, Inc., Columbia, SC ...... 4 01/31/2003 13001–N ...... The J.C. Smith Co., San Saba, TX ...... 1 03/31/2003 4453–M ...... Dyno Nobel, Inc., Salt Lake City, UT ...... 4 12/31/2002 4884–M ...... Matheson Tri-Gas, East Rutherford, NJ ...... 4 01/31/2003 7060–M ...... Federal Express, Memphis, TN ...... 4 01/31/2003 7277–M ...... Structural Composites Industries, Pomona, CA ...... 3 02/28/2003 8162–M ...... Structural Composites Industries, Pomona, CA ...... 3 02/28/2003 8718–M ...... Structural Composites Industries, Pomona, CA ...... 3 02/28/2003 8723–M ...... Dyno Nobel, Inc., Salt Lake City, UT ...... 1 01/31/2003 10019–M ...... Structural Composites Industries, Pomona, CA ...... 3,4 02/28/2003 10751–M ...... Dyno Nobel, Inc., Salt Lake City, UT ...... 4 01/31/2003 10882–M ...... Espar Products, Inc., Mississauga, Ontario L5T 1Z8, CN ...... 4 01/31/2003 11194–M ...... Carleton Technologies Inc., Pressure Technology Div., Glen Burnie, MD ...... 4 01/31/2003 11327–M ...... Phoenix Services, Inc., Pasadena, MD ...... 4 03/31/2003 11537–M ...... JCI Jones Chemicals, Inc., Milford, VA ...... 3 05/31/2003 11579–M ...... Dyno Nobel, Inc., Salt Lake City, UT ...... 1 01/31/2003 11769–M ...... Great Western Chemical Company, Portland, OR ...... 3 03/31/2003 11769–M ...... Great Western Chemical Company, Portland, OR ...... 3 03/31/2003 11769–M ...... Hydrite Chemical Company, Brookfield, WI ...... 3 03/31/2003 11791–M ...... The Coleman Company, Inc., Wichita, KS ...... 4 01/31/2003 11850–M ...... Air Transport Association, Washington, DC ...... 4 01/31/2003 11911–M ...... Transfer Flow, Inc., Chico, CA ...... 3 05/31/2003 11911–M ...... Transfer Flow, Inc., Chico, CA ...... 3 05/31/2003 12065–M ...... Petrolab Company, Latham, NY ...... 4 05/31/2003 12443–M ...... Dow Reichhold Specialty Latex, LLC, Chickamauga, GA ...... 4 01/31/2003 12449–M ...... Chlorine Service Company, Inc., Kingwood, TX ...... 4 01/31/2003

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NEW EXEMPTION APPLICATIONS—Continued

Reason for Estimated date Application No. Applicant delay of completion

12599–M ...... Voltaix, Inc., North Branch, NJ ...... 4 01/31/2003 12866–M ...... Delta Air Lines (Technical Operations Center), Atlanta, GA ...... 4 01/31/2003

[FR Doc. 03–186 Filed 1–3–03; 8:45 am] Subscription Service, Washington, DC, Certificates of Authority expire on BILLING CODE 4910–60–M Telephone (202) 512–1800. When June 30 each year, unless revoked prior ordering the Circular from GPO, use the to that date. The Certificates are subject following stock number: 769–004– to subsequent annual renewal as long as DEPARTMENT OF THE TREASURY 04067–1. the companies remain qualified (31 CFR Questions concerning this Notice may Part 223). A list of qualified companies Fiscal Service be directed to the U.S. Department of is published annually as of July 1 in the Treasury, Financial Management Treasury Department Circular 570, with Surety Companies Acceptable on Service, Financial Accounting and details as to underwriting limitations, Federal Bonds: Berkley Regional Services Division, Surety Bond Branch, areas in which licensed to transact Insurance Company 3700 East-West Highway, Room 6F07, surety business and other information. AGENCY: Financial Management Service, Hyattsville, MD 20782. The Circular may be viewed and Fiscal Service, Department of the Dated: December 24, 2002. downloaded through the Internet at http://www.fms.treas.gov/c570/ Treasury. Wanda Rogers, index.html. A hard copy may be ACTION: Notice. Director, Financial Accounting and Services purchased from the Government Division, Financial Management Service. Printing Office (GPO) Subscription SUMMARY: This is Supplement No. 4 to [FR Doc. 03–117 Filed 1–3–03; 8:45 am] the Treasury Department Circular 570; Service, Washington, DC, Telephone BILLING CODE 4810–35–M 2002 Revision, published July 1, 2002, (202) 512–1800. When ordering the at 67 FR 44294. Circular from GPO, use the following stock number: 769–004–04067–1. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY Surety Bond Branch at (202) 874–6915. Questions concerning this Notice may Fiscal Service be directed to the U.S. Department of SUPPLEMENTARY INFORMATION: A the Treasury, Financial Management Certificate of Authority as an acceptable Surety Companies Acceptable on Service, Financial Accounting and surety on Federal bonds is hereby Federal Bonds: Ohio Indemnity Services Division, Surety Bond Branch, issued to the following Company under Company 3700 East-West Highway, Room 6F07, 31 U.S.C. 9304 to 9308. Federal bond- Hyattsville, MD 20782. approving officers should annotate their AGENCY: Financial Management Service, Dated: December 24, 2002. reference copies of the Treasury Circular Fiscal Service, Department of the 570, 2002 Revision, on page 44301 to Treasury. Wanda J. Rogers, reflect this addition: Director, Financial Accounting and Services ACTION: Notice. Company Name: Berkley Regional Division, Financial Management Service. [FR Doc. 03–116 Filed 1–3–03; 8:45 am] Insurance Company. Business Address: SUMMARY: This is Supplement No. 5 to 7273 East Butherus Drive, Scottsdale, the Treasury Department Circular 570; BILLING CODE 4810–35–M AZ 85260. Phone: (203) 629–3000. 2002 Revision, published July 1, 2002, Underwriting Limitation b/: at 67 FR 44294. $16,283,000. Surety Licenses c/: AL, AK, DEPARTMENT OF THE TREASURY AZ, AR, CA, CT, CO, DE, DC, FL, GA, FOR FURTHER INFORMATION CONTACT: HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, Surety Bond Branch at (202) 874–6507. Internal Revenue Service SUPPLEMENTARY INFORMATION: A MI, MN, MS, MO, MT, NE, NV, NH, NJ, Proposed Collection; Comment Certificate of Authority as an acceptable NM, NY, NC, ND, OH, OK, OR, PA, RI, Request for Form 8885 SC, SD, TN, TX, UT, VA, WA, WV, WI, surety on Federal bonds is hereby WY. Incorporated in: Delaware. issued to the following Company under AGENCY: Internal Revenue Service (IRS), Certificates of Authority expire on 31 U.S.C. 9304 to 9308. Federal bond- Treasury. June 30 each year, unless revoked prior approving officers should annotate their ACTION: Notice and request for to that date. The Certificates are subject reference copies of the Treasury Circular comments. to subsequent annual renewal as long as 570, 2002 Revision, on page 44322 to the companies remain qualified (31 CFR reflect this addition: SUMMARY: The Department of the Part 223). A list of qualified companies Ohio Indemnity Company. Business Treasury, as part of its continuing effort is published annually as of July 1 in Address: 250 East Broad Street, 10th to reduce paperwork and respondent Treasury Department Circular 570, with Floor, Columbus, OH 43215. Phone: burden, invites the general public and details as to underwriting limitations, (614) 228–2000. Underwriting other Federal agencies to take this areas in which licensed to transact Limitation b/: $2,963,000. Surety opportunity to comment on proposed surety business and other information. Licenses c/: AL, AZ, AR, CO, CT, DC, and/or continuing information The Circular may be viewed and FL, GA, IL, IN, IA, KS, KY, ME, MD, MI, collections, as required by the downloaded through the Internet at MS, MO, MT, NE, NV, NH, NJ, NY, NC, Paperwork Reduction Act of 1995, Pub. http://www.fms.treas.gov/c570. A hard ND, OH, OR, PA, RI, SC, SD, UT, VT, L. 104–13 (44 U.S.C. 3506(c)(2)(A)). copy may be purchased from the VA, WA, WV, WI, WY. Incorporated in: Currently, the IRS is soliciting Government Printing Office (GPO) Ohio. comments concerning Form 8885,

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Health Insurance Credit For Eligible of the burden of the collection of made to their qualified retirement Recipients. information; (c) ways to enhance the accounts. These accounts can be IRA’s, DATES: Written comments should be quality, utility, and clarity of the Roth IRA’s, or qualified employer received on or before March 7, 2003 to information to be collected; (d) ways to sponsored retirement plans. be assured of consideration. minimize the burden of the collection of Current Actions: There are no changes information on respondents, including ADDRESSES: Direct all written comments being made to the form at this time. through the use of automated collection to Glenn P. Kirkland, Internal Revenue techniques or other forms of information Type of Review: Extension of a Service, room 6411, 1111 Constitution technology; and (e) estimates of capital currently approved collection. Avenue NW., Washington, DC 20224. or start-up costs and costs of operation, Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: maintenance, and purchase of services households. Requests for additional information or to provide information. copies of the form and instructions Estimated Number of Respondents: should be directed to Carol Savage, Approved: December 30, 2002. 1,000,000. Carol Savage, (202) 622–3945, or through the Internet Estimated Time Per Respondent: 1 ([email protected].), Internal Program Analyst. hour, 19 minutes. Revenue Service, room 6407, 1111 [FR Doc. 03–202 Filed 1–3–03; 8:45 am] Estimated Total Annual Burden Constitution Avenue NW., Washington, BILLING CODE 4830–01–P DC 20224. Hours: 1,310,000. SUPPLEMENTARY INFORMATION: The following paragraph applies to all Title: Health Insurance Credit For DEPARTMENT OF THE TREASURY of the collections of information covered Eligible Recipients. by this notice: An agency may not OMB Number: 1545–1807. Internal Revenue Service conduct or sponsor, and a person is not Form Number: 8885. Proposed Collection; Comment required to respond to, a collection of Abstract: Form 8885 is used to allow Request for Form 8880 information unless the collection of a qualifying individual to take a credit information displays a valid OMB for health insurance premiums paid AGENCY: Internal Revenue Service (IRS), control number. Books or records either by them or their behalf on their Treasury. relating to a collection of information tax return. ACTION: Notice and request for must be retained as long as their Current Actions: There are no changes comments. contents may become material in the being made to the form at this time. administration of any internal revenue Type of Review: Extension of a SUMMARY: The Department of the law. Generally, tax returns and tax currently approved collection. Treasury, as part of its continuing effort Affected Public: Individuals or to reduce paperwork and respondent return information are confidential, as households. burden, invites the general public and required by 26 U.S.C. 6103. Estimated Number of Respondents: other Federal agencies to take this Request for Comments: 300,000. opportunity to comment on proposed Estimated Time Per Response: 59 and/or continuing information Comments submitted in response to minutes. collections, as required by the this notice will be summarized and/or Estimated Total Annual Burden Paperwork Reduction Act of 1995, included in the request for OMB Hours: 294,000. Public Law 104–13 (44 U.S.C. approval. All comments will become a The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is matter of public record. Comments are of the collections of information covered soliciting comments concerning Form invited on: (a) Whether the collection of by this notice: An agency may not 8880, Credit for Qualified Retirement information is necessary for the proper conduct or sponsor, and a person is not Savings Contributions. performance of the functions of the required to respond to, a collection of DATES: Written comments should be agency, including whether the information unless the collection of received on or before March 7, 2003 to information shall have practical utility; information displays a valid OMB be assured of consideration. (b) the accuracy of the agency’s estimate control number. Books or records ADDRESSES: relating to a collection of information Direct all written comments of the burden of the collection of must be retained as long as their to Glenn P. Kirkland, Internal Revenue information; (c) ways to enhance the contents may become material in the Service, room 6411, 1111 Constitution quality, utility, and clarity of the administration of any internal revenue Avenue NW., Washington, DC 20224. information to be collected; (d) ways to law. Generally, tax returns and tax FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of return information are confidential, as Requests for additional information or information on respondents, including required by 26 U.S.C. 6103. copies of the form and instructions through the use of automated collection should be directed to Carol Savage, techniques or other forms of information Request for Comments (202) 622–3945, or through the Internet technology; and (e) estimates of capital Comments submitted in response to ([email protected].), Internal or start-up costs and costs of operation, this notice will be summarized and/or Revenue Service, room 6407, 1111 maintenance, and purchase of services included in the request for OMB Constitution Avenue NW., Washington, to provide information. approval. All comments will become a DC 20224. Approved: December 30, 2002. matter of public record. Comments are SUPPLEMENTARY INFORMATION: invited on: (a) Whether the collection of Title: Credit for Qualified Retirement Carol Savage, information is necessary for the proper Savings Contributions. Program Analyst. performance of the functions of the OMB Number: 1545–1805. [FR Doc. 03–203 Filed 1–3–03; 8:45 am] agency, including whether the Form Number: Form 8880 is used to BILLING CODE 4830–01–P information shall have practical utility; allow qualifying taxpayers to take a (b) the accuracy of the agency’s estimate nonrefundable credit for contributions

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DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Paperwork Reduction Act of 1995, Pub. Hours: 5,250. L. 104–13(44 U.S.C. 3506(c)(2)(A)). Internal Revenue Service The following paragraph applies to all Currently, the IRS is soliciting of the collections of information covered comments concerning Revenue Proposed Collection; Comment by this notice: An agency may not Procedure 96–52, Acceptance Agents Request for Revenue Procedure 96–53 conduct or sponsor, and a person is not (IRB 1996–48). AGENCY: Internal Revenue Service (IRS), required to respond to, a collection of DATES: Written comments should be Treasury. information unless the collection of received on or before March 7, 2003 to information displays a valid OMB be assured of consideration. ACTION: Notice and request for control number. Books or records comments. ADDRESSES: Direct all written comments relating to a collection of information to Glenn Kirkland, Internal Revenue SUMMARY: The Department of the must be retained as long as their Service, room 6411, 1111 Constitution Treasury, as part of its continuing effort contents may become material in the Avenue NW., Washington, DC 20224. administration of any internal revenue to reduce paperwork and respondent FOR FURTHER INFORMATION CONTACT: law. Generally, tax returns and tax burden, invites the general public and Requests for additional information or other Federal agencies to take this return information are confidential, as required by 26 U.S.C. 6103. revenue procedure should be directed to opportunity to comment on proposed Larnice Mack, (202) 622–3179, or and/or continuing information Request for Comments: through the Internet collections, as required by the Comments submitted in response to ([email protected].), Internal Paperwork Reduction Act of 1995, Pub. this notice will be summarized and/or Revenue Service, room 6407, 1111 L. 104–13(44 U.S.C. 3506(c)(2)(A)). included in the request for OMB Constitution Avenue NW., Washington, Currently, the IRS is soliciting approval. All comments will become a DC 20224. comments concerning Revenue matter of public record. Comments are SUPPLEMENTARY INFORMATION: Procedure 96–53, Section 482— invited on: (a) Whether the collection of Title: Acceptance Agents. Allocations Between Related Parties. information is necessary for the proper OMB Number: 1545–1499. DATES: Written comments should be performance of the functions of the Revenue Procedure Number: Revenue received on or before March 7, 2003 to agency, including whether the Procedures 96–52. be assured of consideration. information shall have practical utility; Abstract: Revenue Procedure 96–52 ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate describes application procedures for to Glenn Kirkland, Internal Revenue of the burden of the collection of becoming an acceptance agent and the Service, room 6411, 1111 Constitution information; (c) ways to enhance the requisite agreement that an agent must Avenue NW., Washington, DC 20224. quality, utility, and clarity of the execute with the Internal Revenue FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to Service. Requests for additional information or minimize the burden of the collection of Current Actions: There are no changes copies of the form and instructions information on respondents, including being made to the revenue procedure at should be directed to Allan Hopkins, through the use of automated collection this time. (202) 622–6665, or through the Internet techniques or other forms of information Type of Review: Extension of a ([email protected]), Internal technology; and (e) estimates of capital currently approved collection. Affected Public: Individuals, business Revenue Service, room 6407, 1111 or start-up costs and costs of operation, or other for-profit organizations, not-for- Constitution Avenue NW., Washington, maintenance, and purchase of services profit institutions, Federal Government, DC 20224. to provide information. and state, local or tribal governments. SUPPLEMENTARY INFORMATION: Approved: December 30, 2002. Estimated Number of Respondents: Title: Sec. 482—Allocations Between Carol Savage, 12,825 Related Parties. Program Analyst. Estimated Time Per Respondent: 3 OMB Number: 1545–1503. Revenue [FR Doc. 03–204 Filed 1–3–03; 8:45 am] hrs., 12 minutes. Procedure Number: Revenue Procedure BILLING CODE 4830–01–P Estimated Total Annual Burden 96–53. Hours: 41,006. Abstract: The information requested The following paragraph applies to all in this revenue procedure is required to DEPARTMENT OF THE TREASURY of the collections of information covered enable the Internal Revenue Service to by this notice: An agency may not give advice on filing Advance Pricing Internal Revenue Service conduct or sponsor, and a person is not Agreement applications, to process such required to respond to, a collection of Proposed Collection; Comment applications and negotiate agreements, information unless the collection of Request Revenue Procedure 96–52 and to verify compliance with the information displays a valid OMB agreements and whether the agreements AGENCY: Internal Revenue Service (IRS), control number. Books or records require modification. Treasury. relating to a collection of information Current Actions: There are no changes ACTION: Notice and request for must be retained as long as their being made to the revenue procedure at comments. contents may become material in the this time. administration of any internal revenue Type of Review: Extension of a SUMMARY: The Department of the law. Generally, tax returns and tax currently approved collection. Treasury, as part of its continuing effort return information are confidential, as Affected Public: Business or other for- to reduce paperwork and respondent required by 26 U.S.C. 6103. profit organizations. burden, invites the general public and Estimated Number of Respondents: other Federal agencies to take this Request for Comments: 160. opportunity to comment on proposed Comments submitted in response to Estimated Time Per Respondent: 32 and/or continuing information this notice will be summarized and/or hours, 49 minutes. collections, as required by the included in the request for OMB

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approval. All comments will become a during the meeting. Please contact Mary Dated: December 19, 2002. matter of public record. Comments are Ann Delzer at 1–888–912–1227 or (414) Maryclare Whitehead, invited on: (a) Whether the collection of 297–1604 for dial-in information. Executive Assistant to the National Taxpayer information is necessary for the proper The agenda will include the Advocate. performance of the functions of the following: Various IRS issues. [FR Doc. 03–200 Filed 1–3–03; 8:45 am] agency, including whether the BILLING CODE 4830–01–P information shall have practical utility; Note: Last minute changes to the agenda (b) the accuracy of the agency’s estimate are possible and could prevent effective of the burden of the collection of advance notice. DEPARTMENT OF THE TREASURY information; (c) ways to enhance the Dated: December 19, 2002. quality, utility, and clarity of the Internal Revenue Service information to be collected; (d) ways to Maryclare Whitehead, minimize the burden of the collection of Executive Assistant to the National Taxpayer Open Meeting of the Area 5 Taxpayer information on respondents, including Advocate. Advocacy Panel (Including the States through the use of automated collection [FR Doc. 03–199 Filed 1–3–03; 8:45 am] of Iowa, Kansas, Minnesota, Missouri, techniques or other forms of information BILLING CODE 4830–01–P Nebraska, North Dakota, Oklahoma, technology; and (e) estimates of capital South Dakota, and Texas) or start-up costs and costs of operation, AGENCY: Internal Revenue Service (IRS), DEPARTMENT OF THE TREASURY maintenance, and purchase of services Treasury. to provide information. Internal Revenue Service ACTION: Notice. Approved: December 30, 2002. Carol Savage, Open Meeting of the Area 4 Taxpayer SUMMARY: An open meeting of the Area Program Analyst. Advocacy Panel (Including the States 5 Taxpayer Advocacy Panel will be [FR Doc. 03–205 Filed 1–3–03; 8:45 am] of Illinois, Indiana, Kentucky, Michigan, conducted. BILLING CODE 4830–01–P Ohio, West Virginia, and Wisconsin) DATES: The meeting will be held Friday, February 7, 2003, from 1 to 4 p.m., and AGENCY: Internal Revenue Service (IRS), Saturday, February 8, 2003, from 8 a.m. DEPARTMENT OF THE TREASURY Treasury. to noon. FOR FURTHER INFORMATION CONTACT: Internal Revenue Service ACTION: Notice. Mary Ann Delzer at 1–888–912–1227, or Open Meeting of the Taxpayer SUMMARY: An open meeting of the Area (414) 297–1604. Advocacy Panel, E-Filing Issue 4 Taxpayer Advocacy Panel will be SUPPLEMENTARY INFORMATION: Notice is Committee conducted (via teleconference). hereby given pursuant to section 10(a)(2) of the Federal Advisory DATES: The meeting will be held AGENCY: Internal Revenue Service (IRS), Committee Act, 5 U.S.C. App. (1988) Wednesday, February 5, 2003. Treasury. that an open meeting of the Area 5 ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Taxpayer Advocacy Panel will be held Mary Ann Delzer at 1–888–912–1227, or Friday, February 7, 2003, from 1 to 4 SUMMARY: An open meeting of the (414) 297–1604. p.m., and Saturday, February 8, 2003, Taxpayer Advocacy Panel, E-Filing from 8 a.m. to noon at the Courtyard SUPPLEMENTARY INFORMATION: Notice is Issue Committee will be conducted (via Overland Park, Metcalf, 11301 Metcalf hereby given pursuant to section teleconference). Avenue, Overland Park, KS 66210. The 10(a)(2) of the Federal Advisory DATES: The meeting will be held Taxpayer Advocacy Panel is soliciting Committee Act, 5 U.S.C. App. (1988) Thursday, February 13, 2003. public comment, ideas, and suggestions that an open meeting of the Area 4 FOR FURTHER INFORMATION CONTACT: on improving customer service at the Taxpayer Advocacy Panel will be held Mary Ann Delzer at 1–888–912–1227, or Internal Revenue Service. You can Wednesday, February 5, 2003, from 11 (414) 297–1604. submit written comments to the panel a.m. central time to noon central time by faxing to (414) 297–1623, or by mail SUPPLEMENTARY INFORMATION: Notice is via a telephone conference call. The to Taxpayer Advocacy Panel, hereby given pursuant to Section Taxpayer Advocacy Panel is soliciting Stop1006MIL, 310 West Wisconsin 10(a)(2) of the Federal Advisory public comment, ideas, and suggestions Avenue, Milwaukee, WI 53203–2221. Committee Act, 5 U.S.C. App. (1988) on improving customer service at the Public comments will also be welcome that an open meeting of the Taxpayer Internal Revenue Service. You can during the meeting. Please contact Mary Advocacy Panel, E-Filing Issue submit written comments to the panel Ann Delzer at 1–888–912–1227 or (414) Committee will be held Thursday, by faxing to (414) 297–1623, or by mail 297–1604 for more information. February 13, 2003, from 2 p.m. central to Taxpayer Advocacy Panel, The agenda will include the time to 3 p.m. central time via a Stop1006MIL, 310 West Wisconsin following: Various IRS issues. telephone conference call. The Taxpayer Avenue, Milwaukee, WI 53203–2221. Advocacy Panel is soliciting public Public comments will also be welcome Note: Last minute changes to the agenda comment, ideas, and suggestions on during the meeting. Please contact Mary are possible and could prevent effective improving customer service at the Ann Delzer at 1–888–912–1227 or (414) advance notice. Internal Revenue Service. You can 297–1604 for dial-in information. submit written comments to the panel Dated: December 19, 2002. by faxing to (414) 297–1623, or by mail The agenda will include the Maryclare Whitehead, to Taxpayer Advocacy Panel, following: Various IRS issues. Executive Assistant to the National Taxpayer Stop1006MIL, 310 West Wisconsin Note: Last minute changes to the agenda Advocate. Avenue, Milwaukee, WI 53203–2221. are possible and could prevent effective [FR Doc. 03–201 Filed 1–3–03; 8:45 am] Public comments will also be welcome advance notice. BILLING CODE 4830–01–P

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Corrections Federal Register Vol. 68, No. 3

Monday, January 6, 2003

This section of the FEDERAL REGISTER FEDERAL ELECTION COMMISSION June 4, 2002 make the following contains editorial corrections of previously correction: published Presidential, Rule, Proposed Rule, 11 CFR Part 104 and Notice documents. These corrections are § 104.3 [Corrected] prepared by the Office of the Federal [Notice 2002–8] On page 38360, in the second column, Register. Agency prepared corrections are in §104.3 (a)(3)(vii)(A), in the first issued as signed documents and appear in Brokerage Loans and Lines of Credit the appropriate document categories paragraph, in the first line, ‘‘(A)’’ should elsewhere in the issue. Correction read, ‘‘(B)’’. In rule document 02–13689 beginning [FR Doc. C2–13689 Filed 1–3–03; 8:45 am] on page 38353 in the issue of Tuesday, BILLING CODE 1505–01–D

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Part II

Environmental Protection Agency 40 CFR Part 50 National Ambient Air Quality Standards for Ozone: Final Response to Remand; Final Rule

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ENVIRONMENTAL PROTECTION area. No other issues related to the 1997 Environmental Protection Agency AGENCY O3 NAAQS remain before the Court, and Library (C267–01), Research Triangle other remanded issues related to Park, NC 27711; telephone (919) 541– 40 CFR Part 50 implementation of the O3 NAAQS are 2777. These and other related [FRL–7428–7] not addressed by today’s action. documents are also available for EFFECTIVE DATE: March 7, 2003. inspection and copying in the EPA RIN 2060–ZA11 ADDRESSES: A docket containing docket. National Ambient Air Quality information relating to EPA’s review of Electronic Availability the O primary and secondary standards Standards for Ozone: Final Response 3 The Staff Paper and documents to Remand and this response to the D.C. Circuit remand (Docket No. A–95–58) is pertaining to human health risk and exposure assessments are available on AGENCY: Environmental Protection available for public inspection at the Agency (EPA). EPA’s Air Docket Center, 1301 the Office of Air and Radiation, Policy and Guidance Web site at: http:// ACTION: Final response to remand. Constitution Avenue, N.W., Room B108, Washington, DC 20460, Mail code www.epa.gov/ttn/oarpg/t1sp.html. The O NAAQS 1996 proposal and 1997 SUMMARY: On July 18, 1997, in 6102T. This docket incorporates the 3 accordance with sections 108 and 109 of docket from the previous review of the final rule are available at the same Web site, at: http://www.epa.gov/ttn/oarpg/ the Clean Air Act (Act), EPA completed O3 standards (Docket No. A–92–17) and its review of the national ambient air the docket established for the ozone air t1pfpr.html. quality standards (NAAQS) for ozone quality criteria document (Docket No. Children’s Environmental Health (O3) by promulgating revised primary ECAO–CD–92–0786). The docket may This final response to the Court’s and secondary standards (62 FR 38856; be inspected between 8:30 a.m. and 4:30 remand, reaffirming the 1997 8-hour O3 henceforth, ‘‘1997 final rule’’). On May p.m. on weekdays, excluding legal NAAQS, specifically takes into account 14, 1999, the United States Court of holidays. A reasonable fee may be children as the group most at risk to the Appeals for the District of Columbia charged for copying. The information in direct inhalation-related effects of O3 Circuit (‘‘D.C. Circuit’’) remanded the O3 the docket constitutes the complete exposure, and was based on studies of NAAQS to EPA to consider, among basis for the decision announced in this effects on children’s health (U.S. EPA, other things, any potential beneficial final response to the remand. For the 1996a; U.S. EPA, 1996b) and health effects of O3 pollution in availability of related information, see assessments of children’s exposure and shielding the public from the ‘‘harmful SUPPLEMENTARY INFORMATION. risk (Johnson, 1994; Johnson et al., 1996 effects of the sun’s ultraviolet rays.’’ 175 FOR FURTHER INFORMATION CONTACT: a,b; Whitfield et al., 1996; Richmond, F.3d 1027 (D.C. Cir., 1999). Today’s Susan Lyon Stone, Office of Air Quality 1997). The 8-hour O3 primary standard action provides EPA’s final response to Planning and Standards, U.S. protects children’s health with an that aspect of the Court’s remand. Based Environmental Protection Agency adequate margin of safety from the on its review of the air quality criteria (C539–01), Research Triangle Park, NC direct adverse effects associated with and NAAQS for O3 completed in 1997, 27711; e-mail [email protected]; inhalation exposures to ground-level O3, its additional assessment of potential telephone (919) 541–1146. after considering potential indirect beneficial effects of tropospheric O3, SUPPLEMENTARY INFORMATION: beneficial effects of ground-level O and taking into account public 3 Availability of Related Information related to its attenuation of UV–B comments, EPA has determined that radiation and any associated adverse information linking (a) changes in Certain documents are available from health effects. patterns of ground-level O3 the U.S. Department of Commerce, concentrations likely to occur as a result National Technical Information Service, Implementation Activities of programs implemented to attain the 5285 Port Royal Road, Springfield, VA When the 8-hour primary and 1997 O3 NAAQS to (b) changes in 22161. Available documents include: secondary O3 standards are relevant patterns of exposures to (1) The Review of the National implemented by the States, the power ultraviolet (UV–B) radiation of concern Ambient Air Quality Standards for generation, automobile, petroleum, and to public health is too uncertain at this Ozone: Assessment of Scientific and chemical industries are likely to be time to warrant any relaxation in the Technical Information (‘‘Staff Paper’’) affected, as well as other manufacturing level of public health protection (EPA–452/R–96–007, June 1996, NTIS # concerns that emit volatile organic previously determined to be requisite to PB–96–203435; $67.00 paper copy and compounds (VOC) or nitrogen oxides protect against demonstrated direct $21.50 microfiche). (Add a $3.00 (NOX). The extent of such effects will adverse respiratory effects of exposure handling charge per order). depend on implementation policies and to O3 in the ambient air. Further, it is (2) Air Quality Criteria for Ozone and control strategies adopted by States to the Agency’s view that associated Other Photochemical Oxidants assure attainment and maintenance of changes in UV–B radiation exposures of (‘‘Criteria Document’’) (three volumes, the standards. concern, using plausible but highly EPA/600/P–93–004aF through EPA/600/ The EPA is now developing uncertain assumptions about likely P–93–004cF, July 1996, NTIS # PB–96– appropriate policies and control changes in patterns of ground-level 185574; $169.50 paper copy and $58.00 strategies to assist States in the ozone concentrations, would likely be microfiche). implementation of the 8-hour primary very small from a public health A limited number of copies of other and secondary O3 NAAQS. The EPA perspective. As a result, the revised O3 documents generated in connection now expects to propose an NAAQS will remain set at a level of 0.08 with the review of the standard, such as implementation strategy for public parts per million (ppm), with a form documents pertaining to human comment early in 2003. based on the 3-year average of the exposure and health risk assessments annual fourth-highest daily maximum 8- and the relationships between ground- Table of Contents hour average O3 concentrations level O3, UV–B radiation, and health The following topics are discussed in measured at each monitor within an effects, can be obtained from: U.S. today’s preamble:

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I. Background primary and secondary standards were adverse effects associated with the A. 1997 Revision of the O3 NAAQS each set at a level of 0.08 ppm, with an presence of [the] pollutant in the 1. Legislative Requirements 8-hour averaging time and a form based ambient air.’’ 2 2. Review of Air Quality Criteria and on the 3-year average of the annual Section 109(d)(1) of the Act requires Standards for O3 periodic review and, if appropriate, B. Ozone NAAQS Litigation and Remand fourth-highest daily maximum 8-hour 1. Litigation Summary average O3 concentrations measured at revision of existing air quality criteria 2. Remand on Health Benefits Issue each monitor within an area.1 The new and NAAQS. Section 109(d)(2) requires C. Atmospheric Distribution of O3 and UV– primary standard was established to appointment of an independent B Radiation provide increased protection to the scientific review committee to review D. Related Stratospheric O3 Program public, especially children and other at- criteria and standards and recommend E. Summary of Proposed Response to risk populations, against a wide range of new standards or revisions of existing Remand O3-induced respiratory health effects criteria and standards, as appropriate. II. Rationale for Final Response to Remand due to inhalation exposures, including The committee established under on the Primary O3 Standard section 109(d)(2) is known as the Clean A. Direct Adverse Health Effects from decreased lung function, primarily in Breathing O in the Ambient Air children active outdoors; increased Air Scientific Advisory Committee 3 (CASAC), a standing committee of 1. Health Effects Associated with O3 respiratory symptoms, particularly in Inhalation Exposures highly sensitive individuals; hospital EPA’s Science Advisory Board. 2. Human Exposure and Risk Assessments admissions and emergency room visits 2. Review of Air Quality Criteria and B. Potential Indirect Beneficial Health for respiratory causes, among children Standards for O3 Effects Associated with Ground-level O3 and adults with pre-existing respiratory 1. Health Effects Associated with UV–B disease such as asthma; inflammation of An overview of the last review of the Radiation Exposure the lung; and possible long-term damage O3 air quality criteria and standards is 2. Relationship Between Ground-level O 3 to the lungs. The new secondary presented in section I.C of the preamble and UV–B Radiation Exposure to the 1997 final rule. In summary, the 3. Evaluation of UV–B Radiation-related standard was established to provide increased protection to the public 1997 review was initiated in August Risk Estimates for Ground-level O3 1992 with the development of a revised Changes welfare against direct O3-induced effects C. Consideration of Net Adverse Health on vegetation, such as agricultural crop Air Quality Criteria Document for Ozone and Other Photochemical Effects of Ground-level O3 loss, damage to forests and ecosystems, D. Final Response to Remand on the and visible foliar injury to sensitive Oxidants (henceforth, the ‘‘Criteria Document’’). Multiple drafts of the Primary O3 NAAQS species. III. Rationale for Final Response to Remand Criteria Document were reviewed by on the Secondary O3 Standard 1. Legislative Requirements CASAC and the public, resulting in a A. Direct Adverse Welfare Effects Two sections of the Act govern the final Criteria Document (U.S. EPA, B. Potential Indirect Beneficial Welfare establishment, review, and revision of 1996a) that reflected CASAC and public Effects 3 NAAQS. Section 108 (42 U.S.C. 7408) comments. The EPA also prepared a C. Final Response to Remand on the staff paper, Review of National Ambient Secondary O3 NAAQS directs the Administrator to identify IV. Statutory and Executive Order Reviews certain pollutants which ‘‘may Air Quality Standards for Ozone: A. Executive Order 12866: Regulatory reasonably be anticipated to endanger Assessment of Scientific and Technical Planning and Review public health or welfare’’ and to issue Information (henceforth, the ‘‘Staff 4 B. Paperwork Reduction Act air quality criteria for them. These air Paper’’). Multiple drafts of the Staff C. Regulatory Flexibility Act quality criteria are to ‘‘accurately reflect Paper were also reviewed by CASAC D. Unfunded Mandates Reform Act the latest scientific knowledge useful in and the public, resulting in a final Staff E. Executive Order 13132: Federalism indicating the kind and extent of all Paper (U.S. EPA, 1996b) that reflected F. Executive Order 13175: Consultation 5 identifiable effects on public health or CASAC and public comments. and Coordination with Indian Tribal On November 27, 1996 EPA welfare which may be expected from the Governments announced its proposed decision to G. Executive Order 13045: Protection of presence of [a] pollutant in the ambient Children from Environmental Health and air * * *.’’ 2 Safety Risks Welfare effects as defined in section 302(h) (42 Section 109 (42 U.S.C. 7409) directs U.S.C. 7602(h)) include, but are not limited to, H. Executive Order 13211: Actions that the Administrator to propose and ‘‘effects on soils, water, crops, vegetation, man- Significantly Affect Energy Supply, promulgate ‘‘primary’’ and ‘‘secondary’’ made materials, animals, wildlife, weather, Distribution, or Use NAAQS for pollutants identified under visibility, and climate, damage to and deterioration of property, and hazards to transportation, as well I. National Technology Transfer section 108. Section 109(b)(1) defines a Advancement Act as effects on economic values and on personal J. Congressional Review Act primary standard as one ‘‘the attainment comfort and well-being.’’ V. References and maintenance of which, in the 3 In a November 28, 1995 letter from the CASAC judgment of the Administrator, based on chair to the Administrator, CASAC advised that the I. Background final draft Criteria Document ‘‘provides an adequate [the] criteria and allowing an adequate review of the available scientific data and relevant A. 1997 Revision of the O3 NAAQS margin of safety, are requisite to protect studies of ozone and related photochemical the public health.’’ A secondary oxidants’’ (Wolff, 1995a). On July 18, 1997, in accordance with standard, as defined in section 4 The Staff Paper evaluates policy implications of sections 108 and 109 of the Act, EPA 109(b)(2), must ‘‘specify a level of air the key studies and scientific information in the completed its review of the NAAQS for Criteria Document, identifies critical elements that quality the attainment and maintenance EPA staff believes should be considered, and O3 by promulgating revised primary and of which in the judgment of the presents staff conclusions and recommendations of secondary standards (1997 final rule). Administrator, based on [the] criteria, suggested options for the Administrator’s These standards were based on EPA’s [are] requisite to protect the public consideration. 5 review of the available scientific welfare from any known or anticipated In separate letters from the CASAC chair to the evidence linking direct exposures to Administrator, CASAC advised that the primary standard and secondary standard sections of the ambient O3 to adverse health and 1 The form of a standard refers to the air quality final draft Staff Paper provide ‘‘an adequate welfare effects at levels allowed by the statistic that is used to determine whether an area scientific basis for making regulatory decisions’’ then current O3 standards. The revised attains the standard. concerning the O3 standards (Wolff, 1995b, 1996).

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revise the NAAQS for O3 (61 FR 65716, argument was held on December 17, Associations v. EPA (‘‘ATA III’’), 283 December 13, 1996; henceforth, ‘‘1996 1998 and the Court rendered its opinion F.3d 355, (D.C. Cir. 2002). Thus, today’s proposal’’), as well as its proposed on May 14, 1999. American Trucking final response to the Court’s 1999 decision to revise the NAAQS for Associations v. EPA (‘‘ATA I’’), 175 F.3d remand regarding the potential particulate matter (PM). To ensure the 1027 (D.C. Cir., 1999). A divided panel beneficial health effects of O3 broadest possible public input on these found that section 109 of the Act, 42 constitutes EPA’s final response to proposals, EPA took extensive and U.S.C. § 7409, as interpreted by EPA in challenges to the 1997 O3 NAAQS. unprecedented steps to facilitate the setting the revised O3 (and PM) NAAQS, Other remanded issues, relating to public comment process, including the effected an unconstitutional delegation implementation of the O3 NAAQS, are establishment of a national toll-free of legislative authority. Id. at 1033– not addressed by today’s action. telephone hotline and provisions for 1040. The Court remanded the O3 electronic submission of comments. The standards with instructions that EPA 2. Remand on Health Benefits Issue EPA also held several public hearings, should articulate an ‘‘intelligible The D.C. Circuit’s 1999 ruling participated in numerous meetings principle’’ for determining the degree of concludes that ‘‘EPA cannot ignore the across the country, and held two residual risk to public health possible health benefits of ozone.’’ 9 ATA national satellite telecasts to provide permissible in setting revised NAAQS. I, 175 F.3d at 1033. According to the direct opportunities for public comment Id. In addition, the Court also directed Court ‘‘[p]etitioners presented evidence and to disseminate information to the that, in responding to the remand, EPA that, according to them, shows the public about the proposed standard should consider the potential beneficial health benefits of tropospheric ozone as revisions. As a result of this intensive health effects of O3 pollution in a shield from the harmful effects of the effort to solicit public input, more than shielding the public from the ‘‘harmful sun’s ultraviolet rays—including 50,000 comments were received on the effects of the sun’s ultraviolet rays.’’ Id. cataracts and both melanoma and non- proposed revisions to the O3 NAAQS by at 1051–1053. melanoma skin cancer.’’ Id. at 1051. In the close of the public comment period In 1999, EPA petitioned the D.C. rejecting EPA’s view that Congress did on March 12, 1997. Circuit for rehearing en banc on several not intend it to consider potential The final rule, published on July 18, aspects of that Court’s decision in ATA indirect beneficial effects of 1997, presented EPA’s rationale for its I. Although the petition for rehearing tropospheric O3 in shielding the public final decision, and addressed the major was granted in part and denied in part, from potentially harmful, but naturally issues raised in comments on the 1996 the Court declined to review its ruling occurring, UV–B radiation from the sun, proposal. A comprehensive summary of with regard to the potential beneficial the Court concluded that ‘‘legally * * * all significant comments, along with effects of O3 pollution. American EPA must consider the positive EPA’s response to such comments (U.S. Trucking Associations v. EPA (‘‘ATA identifiable effects of a pollutant’s EPA, 1997; henceforth, ‘‘Response to II’’), 195 F.3d 4, 10 (D.C. Cir., 1999). The presence in the ambient air in Comments’’), can be found in the docket Court did note, however, that it formulating air quality criteria under for the 1997 rulemaking (Docket No. A– ‘‘expressed[ed] no opinion, of course, section 108 and NAAQS under section 95–58).6 The 1997 final rule presented upon the effect, if any, that studies 109.’’ Id. at 1052. As a result, the Court EPA’s decision to replace the existing 1- showing the beneficial effects of directed EPA to ‘‘determine whether hour primary and secondary standards 7 tropospheric ozone * * * might have * * * tropospheric ozone has a (each set at a level of 0.12 ppm, with a upon any ozone standards * * *’’ Id. beneficent effect and, if so, then to 1-expected-exceedance form, averaged On January 27, 2000, EPA petitioned assess ozone’s net adverse health over 3 years 8 with 8-hour standards, the U.S. Supreme Court for certiorari on effect.’’ Id. at 1053. Today’s action sets each set at a level of 0.08 ppm, with a the constitutional issue and two other forth EPA’s final response in that regard. form based on the 3-year average of the issues, but did not request review of the annual fourth-highest daily maximum 8- D.C. Circuit ruling regarding the C. Atmospheric Distribution of O3 and hour average O3 concentrations potential beneficial health effects of O3. UV–B Radiation measured at each monitor within an The EPA’s petition for certiorari was The focus of the 1997 review of the area (as determined by 40 CFR part 50, granted on May 22, 2000; oral argument air quality criteria and standards for O3 appendix I). was subsequently held on November 7, and related photochemical oxidants was 2000; and an opinion was issued on B. Ozone NAAQS Litigation and on public health and welfare effects February 27, 2001. Whitman v. associated with direct exposure to Remand American Trucking Associations ambient levels of O3 in the lower 1. Litigation Summary (‘‘Whitman’’), 531 U.S. 457 (2001). The troposphere, essentially at ground level. Following promulgation of the revised U.S. Supreme Court reversed the People are directly exposed to ground- judgment of the D.C. Circuit on the 8-hour O3 NAAQS, numerous petitions level O3 simply by breathing ambient for review of the standards were filed in constitutional issue, holding that air; similarly, plants are directly the D.C. Circuit. American Trucking section 109 of the Act does not delegate exposed through their respiratory legislative power to the EPA in Associations v. EPA, No. 97–1441. Oral processes. Ground-level O3 is not contravention of the Constitution, and emitted directly from mobile or 6 This docket incorporates by reference the docket remanded the case to the D.C. Circuit to stationary sources but, like other from the previous O3 NAAQS review (Docket No. consider challenges to the O3 (and PM) photochemical oxidants, commonly A–92–17) and the docket established for the Criteria NAAQS that had not been addressed by exists in the ambient air as an Document (Docket No. ECAO–CD–92–0876). that Court’s earlier decisions. 7 These 1-hour O3 standards were originally set in Oral argument was held on December 1979 (44 FR 8202, February 8, 1979) and reaffirmed 9 For the reasons discussed in the Response to in 1993 (58 FR 13008, March 9, 1993). 18, 2001, and on March 26, 2002, the Comments (U.S. EPA, 1997, pp. 128–135), EPA did 8 The 1-hour standards are attained when the D.C. Circuit issued its final decision not consider in the 1997 review adverse health expected number of days per calendar year with finding the 1997 O3 (and PM) NAAQS effects that might be caused by the potential maximum hourly average concentrations above 0.12 to be ‘‘neither arbitrary nor capricious,’’ increase in UV–B radiation that could result from ppm is equal to or less than one, averaged over 3 reductions in ground-level O3 brought about by years (as determined by 40 CFR part 50, appendix and denied the remaining petitions for control programs implemented to attain a revised H). review. American Trucking O3 NAAQS.

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atmospheric transformation product. the stratosphere and the troposphere. shorter lived emissions of VOC and NOX Ground-level O3 formation is the result The demarcation between these two can markedly increase ‘‘smog’’ O3 in the of chemical reactions of VOC, NOX, and layers varies between about 8 and 18 lowest portion of the troposphere, oxygen in the presence of sunlight and kilometers (km) above the earth’s which is termed the planetary boundary generally at elevated temperatures. As a surface. As illustrated in Figure 1, layer. This fluctuating planetary principal ingredient in photochemical depicting the vertical profile of O3, most boundary or ‘‘mixing’’ layer of the smog, elevated episodic concentrations naturally occurring O3 (> 90 percent) troposphere can extend as high as 1 to of ground-level O3 typically occur in the resides in the stratosphere, with the 3 km above the ground. Assuming a summertime. High concentrations may remaining O3 (< 10 percent) in the fairly high summertime O pollution be found in and downwind of major troposphere. The band of O between 3 3 reservoir of 65 parts per billion (ppb) in urban centers as well as across broad about 15 and 30 km is commonly a typical 1 km mixing layer, Cupitt regions of elevated precursor emissions. known as the ‘‘ozone layer.’’ A detailed discussion of atmospheric Man-made air pollution has (1994) estimated that pollution would formation, ambient concentrations, and significantly perturbed the natural add less than 1 percent to the expected total vertical profile of tropospheric and health and welfare effects associated distribution of O3 in both layers. It is stratospheric O (i.e., ‘‘total column’’ O ) with direct exposure to O3 can be found now widely accepted that emissions of 3 3 in the Criteria Document and Staff long-lived chlorofluorocarbons (CFCs) that would occur in the natural Paper. and other compounds can deplete the environment. Naturally occurring O3 is found in natural O3 layer in the stratosphere. two sections of the earth’s atmosphere, And, as summarized above, much

Ozone at ground level and throughout penetrates to ground level. Recognizing stratosphere, as discussed in section I.D the troposphere is chemically identical that exposure to UV–B radiation has below.11 to stratospheric O3. Stratospheric O3 been associated with adverse health and During the 1997 review, EPA occurs far too high to present any threat welfare effects, EPA and international recognized that tropospheric O3 also of direct respiratory-related adverse scientific, regulatory, and legislative absorbs UV–B radiation (U.S. EPA, effects to people or plants from ambient organizations have for some time 1996a, p. 5–79), such that ground-level ground-level exposures, but is known to focused on understanding the effects of O3 formed by man-made pollution has provide a natural protective shield from UV–B radiation and on controlling the the potential to provide some degree of additional shielding beyond the natural excess radiation from the sun by man-made pollution that is causing the absorbing UV–B radiation 10 before it depletion of the O3 layer in the 11 For example, in 1977 and again in 1990, Congress added provisions to the Act to address 10 UV–B radiation refers to the region of the solar from 280–290 nanometers (nm) at the lower end, to stratospheric O3 depletion and the resultant spectrum within the range of wavelengths generally 315–320 nm at the upper end. increase in exposure to UV–B radiation.

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levels that would otherwise occur in the import of O3 depleting substances (57 E. Summary of Proposed Response to absence of man-made pollution. The FR 33754, July 30, 1992) and identifying Remand relationship between ground-level O3 safe and effective alternatives (59 FR On November 14, 2001, EPA proposed and UV–B radiation, as well as the 13044, March 18, 1994), ensuring that a response to the D.C. Circuit remand health effects associated with exposure refrigerants and halon fire extinguishing (66 FR 52768; henceforth, ‘‘proposed to UV–B radiation and consideration of agents are recycled properly (58 FR response’’) to consider any potential the UV–B radiation-related health risks 28660, May 14, 1993), banning the beneficial effects of ground-level O3 in associated with changes in ground-level release of O3 depleting refrigerants shielding the public from potentially O3 are discussed in section II.B below. during the service, maintenance, and harmful, but naturally occurring, UV–B In response to the remand on the health disposal of air conditioners and other radiation from the sun. ATA I, 175 F.3d benefits issue, EPA’s assessment of the refrigeration equipment (60 FR 40420, at 1051–53. Based on its review of the net adverse health effects of ground- August 8, 1995), and requiring that air quality criteria and NAAQS for O3 level O3 is discussed in section II.C manufacturers label products either completed in 1997, and its additional below, as a basis for today’s decision on containing or made with the most assessment of potential beneficial effects the primary O3 NAAQS, summarized in harmful O3 depleting substances (58 FR of ground-level O3, EPA provisionally section II.D below. 8136, February 11, 1993). Because of determined that the information linking their relatively high O3 depletion D. Related Stratospheric O3 Program (a) Changes in patterns of ground-level potential, several man-made O concentrations likely to occur as a In the 1970s, scientists first grew 3 compounds, including CFCs, carbon result of programs implemented to concerned that certain chemicals could tetrachloride, methyl chloroform, and attain the 1997 O NAAQS to (b) damage the earth’s protective 3 halons were targeted first for phaseout. changes in relevant patterns of exposure stratospheric O layer, and these 3 The EPA continues to develop to UV–B radiation of concern to public concerns were validated by the additional regulations for the protection health is too uncertain at this time to discovery of thinning of the O layer 3 of public health and the environment warrant any relaxation in the level of over Antarctica in the southern from effects associated with the public health protection previously hemisphere. Because of the risks posed depletion of the stratospheric O layer. by stratospheric O depletion and the 3 determined to be requisite to protect 3 Besides implementing and enforcing global nature of the problem, leaders against the demonstrated adverse stratospheric O3 protection regulations respiratory effects of direct inhalation from many countries decided to work 16 together to craft a workable solution. in the U.S., EPA continues to work with exposure to O3 in the ambient air. Since 1987, over 175 nations have other U.S. government agencies and Further, the proposed response signed a landmark environmental treaty, international governments to pursue presented the Agency’s view that even the Montreal Protocol on Substances ongoing changes to the Montreal when using plausible but highly that Deplete the Ozone Layer. The Protocol and other treaties. These uncertain assumptions about likely Protocol’s chief aim is to reduce and refinements to the Protocol and other changes in patterns of ground-level O3 eventually eliminate the production and treaties are based on ongoing scientific concentrations, associated changes in assessments of O3 depletion that are UV–B radiation exposures of concern use of man-made O3 depleting substances, such as CFCs. By agreeing to coordinated by the United Nations would likely be very small from a public the terms of the Montreal Protocol, Environment Programme (UNEP) and health perspective. Thus, EPA proposed signatory nations ratifying the the World Meteorological Organization not to change the O3 NAAQS set in 1997 Protocol—including the United States— (WMO), with cooperation from EPA and at a level of 0.08 ppm, with a form based commit to take actions to protect the other agencies around the globe (UNEP, on the 3-year average of the annual 1998; and WMO, 1998). stratospheric O3 layer and to reverse the fourth-highest daily maximum 8-hour damage due to the use of O3 depleting In addition to these regulatory and average O3 concentrations measured at substances. scientific activities, EPA maintains each monitor within an area. In 1990, Congress amended the Act by several education and outreach projects The proposed response solicited adding title VI (sections 601–618) to to help protect the American public public comments on EPA’s proposed address the issue of stratospheric O3 from the health effects of overexposure decision not to change the 1997 O3 depletion.12 Most importantly, the to ultraviolet (UV) radiation. Chief NAAQS, and on various specific aspects amended Act required the gradual end among these projects is the UV Index, a of EPA’s review and rationale. The EPA to the production of certain chemicals tool that provides a daily forecast of the received ten comments on the proposed 13 that deplete the O3 layer. In addition, next day’s likely UV levels across the response from industry, public interest the Act requires EPA to develop and United States.14 The UV Index, which groups, and local and State implement regulations for the EPA launched in partnership with the governments. Significant comments are responsible management of O3 depleting National Weather Service, serves as the addressed throughout section II below substances in the United States. The cornerstone of EPA’s SunWise School and more fully in a separate Response EPA has developed several regulatory Program, the goal of which is to educate to Comments (U.S. EPA, 2002). programs under these authorities that young children and their caregivers II. Rationale for Final Response To include: ending the production and about the health effects of overexposure Remand on the Primary O3 Standard to the sun, as well as simple steps that 12 Title VI replaced the provisions regarding people can take to avoid Today’s action presents the stratospheric O3 depletion enacted in 1977. 42 overexposure.15 Administrator’s final response to the U.S.C. 7671. remand, in which the Court directed 13 Both the Act and the Montreal Protocol, EPA to determine ozone’s net adverse however, provide for limited ‘‘essential use 14 Information about the UV Index is available exemptions’’ for the continued production and from the EPA Stratospheric Ozone Hotline at (800) effect on public health and not import of very small quantities of CFCs and other 296–1996 or at http://www.epa.gov/sunwise/ 16 O3 depleting substances needed for certain essential uvindex.html. The D.C. Circuit upheld EPA’s determination 15 uses, for example, for metered dose inhalers used Information about EPA’s SunWise School that the 1997 O3 NAAQS was requisite to protect by people with asthma and other respiratory Program is available at http://www.epa.gov/ against demonstrated adverse respiratory effects in diseases. sunwise/. ATA III.

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‘‘disregard the studies’’ upon which the Other commenters expressed the periodic review requirements of section petitioners primarily relied in their opposite view, agreeing with EPA’s 109 of the Act, and noting that this challenge. ATA I, 175 F.3d at 1053. reliance on the rulemaking record that review already extended a decade since Today’s action reaffirms the 8-hour O3 was before the Court in the ATA it was initiated (57 FR 38832; August primary standard promulgated in 1997, litigation as the basis for EPA’s 27, 1992), EPA believes that any such based on: proposed response, and urging EPA to new information should be considered (1) Information from the 1997 criteria conclude its response as expeditiously in the next periodic review. The EPA and standards review that served as the as possible. These commenters argued has already initiated the next periodic basis for the 1997 primary O3 standard, that to reopen the record would require review. Preparation of a revised O3 including the scientific information on consideration not only of new Criteria Document that will incorporate health effects associated with direct information on potential beneficial all such relevant information is well inhalation exposures to O3 in the effects, but also new information on underway (65 FR 57810; September 26, ambient air, consideration of the adverse respiratory effects, and that to 2000). adversity of such effects for individuals, do so would effectively erase the (2) Limiting its consideration to and human exposure and risk previous review cycle. These information that was part of the 1997 assessments (section II.A below); commenters also asserted that the record, as well as comments on the (2) A review of scientific information analyses of ozone’s potential beneficial proposed response, is consistent with in the record of the 1997 review (but not effects that were included in the record EPA’s prior exercise of its discretion to considered as part of the basis for the fail to meet minimum standards of decide whether new studies or analyses 1997 standard) on potential health reliability and scientific adequacy, that cited during a public comment period effects associated with changes in UV– failure by EPA to expeditiously are of such potential significance that a B radiation, the association between conclude the review that began in 1992 final decision should be postponed so changes in ground-level O3 and would represent unreasonable delay, they can be assessed in supplemental air potential changes in UV–B radiation, and that any associated delay in quality criteria and considered before and predictions of changes in ground- implementing the 1997 O3 NAAQS concluding a NAAQS review. See 58 FR level O3 levels likely to result from would be at the expense of public 12008, 13014 n.2 (1993) (ozone attainment of alternative O3 standards health. NAAQS). In prior reviews, after an (section II.B below); Having considered these procedural extended review of relevant scientific (3) Consideration of the net adverse comments, EPA continues to believe it information, EPA has been aware of yet effects of ground-level O3, taking into is appropriate to base its response to the additional relevant information, but account both direct adverse inhalation- remand on the large amount of relevant determined that the information would related health effects and potential information in the 1997 rulemaking be more appropriately considered in its indirect beneficial health effects record that was before the Court in ATA next periodic review.19 See, e.g., 62 FR associated with the shielding of UV–B I, taking into account as well the 38652, 38662 (1997) (PM NAAQS). radiation by ground-level O3 (section substantive comments received on the (3) The record includes relevant II.C below); and proposed response. The EPA also information on indirect potentially (4) Consideration of the comments believes it is unnecessary to supplement beneficial effects of O3. The public has received on the proposed response. the air quality criteria with the draft, been afforded two opportunities to A number of commenters focused on preliminary analyses relied on by submit comments and relevant various aspects of EPA’s decision- commenters and by some petitioners in information on this issue, through EPA’s making process and the timing of EPA’s the ATA I litigation, or to undertake a solicitation of public comments on both final response. A few such commenters more formal CASAC review. As more the 1996 proposal and the 2001 expressed the view that EPA’s proposed fully discussed in the Response to proposed response. response to the remand was Comments, EPA took note of the (4) The documents in the 1997 record procedurally inadequate in that in following in reaching these conclusions: cited by some commenters—and upon reviewing information in the record on (1) This action responds to a remand which certain petitioners primarily ozone’s potential beneficial effects, EPA from the D.C. Circuit and addresses the relied in their challenge of EPA’s 1997 did not supplement the air quality only remaining issue regarding the decision—(Cupitt, 1994; DOE, 1995; 18 criteria or consult with CASAC. These setting of the 1997 O3 standard. It is Lutter and Wolz, 1997) do not generally commenters also asserted that EPA not a new, separate review of air quality meet the minimum standards that EPA should reopen the record to include criteria and NAAQS under sections 108 and CASAC have historically new studies and analyses regarding and 109. In these circumstances, it is maintained for inclusion of health- ozone’s potential beneficial effects that appropriate for EPA to base its response related information in air quality were not available for inclusion in the on the record associated with the prior criteria. The documents in question are 1997 rulemaking record. These NAAQS review and court decisions. either draft, unpublished analyses or, in commenters thus argued that EPA The EPA recognizes that new studies the case of the one paper that was should supplement the air quality and related information relevant to published, characterized by the authors criteria with information on ozone’s further assessment of ozone’s net as a ‘‘preliminary analysis,’’ which potential beneficial effects, including adverse effects may now be available generally relied upon the assumptions both new and record information, that were not part of the 1997 in the other unpublished analyses. consult with CASAC, and re-propose a rulemaking record. Consistent with its practice in other response to the remand.17 Such information is likely available NAAQS reviews, the EPA judges these not only on indirect potentially 17 Some commenters also expressed the view that beneficial effects of O3, but also on 19 As in other instances where EPA has received EPA’s proposed response to the remand was direct adverse respiratory-related effects additional studies during public comment, EPA premature since the D.C. Circuit had not yet provisionally examined a 1997 draft analysis decided other related issues. These comments are of O3. Taking into account the 5-year conducted by Madronich and determined that it did now moot since the D.C. Circuit issued its final not warrant supplementing the air quality criteria opinion on March 26, 2002, denying all remaining 18 As noted earlier, this action does not address at this time. See, e.g., 62 FR 38652, 38662 (1997) challenges to the 1997 O3 NAAQS. implementation of the O3 NAAQS. (PM NAAQS).

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draft, unpublished or preliminary discussed above, EPA also believes it admissions and emergency room visits, analyses to be inappropriate for would be inappropriate to do so. and transient pulmonary inflammation. inclusion in air quality criteria, and Accordingly, the EPA concludes that The 1997 review also included new concludes that supplementing the 1996 any further extension of this review, information on chronic health effects 24 O3 criteria is not warranted. through reopening the rulemaking associated with long-term exposures. (5) As discussed in more detail in record or review process, would This array of effects is briefly section II.B.2, EPA also determined that represent an unwarranted delay in summarized below, followed by it was not in a position to supplement completing this review cycle, which considerations as to when these the air quality criteria by developing its began in 1992 and originally concluded physiological effects could become own more extensive analysis because in 1997. Any further extension of this medically significant such that they information essential to the review would also delay Agency and should be regarded as adverse to the development of such an analysis (e.g., State actions to implement the 8-hour health of individuals experiencing behavioral patterns related to potential O3 NAAQS, which EPA believes would them. UV–B radiation exposure) is not be inappropriate and contrary to the purpose of the Act, in that it would a. Effects of Short-term and Prolonged available at this time. O3 Exposures (6) The EPA has appropriately impede the important public health (i) Pulmonary function responses. consulted CASAC by providing for its protections afforded by the 8-hour Transient reductions in pulmonary review and comment the proposed ozone NAAQS. function have been observed in healthy response, as well as the key documents A. Direct Adverse Health Effects From individuals and those with impaired from the record upon which EPA’s Breathing O3 in the Ambient Air 20 respiratory systems (e.g., asthmatic response is based. The CASAC has This section briefly summarizes individuals) as a result of both short- expressed no concern with this information on the direct adverse health term and prolonged exposures to O . procedure nor indicated that any further 3 effects from breathing O3 in the ambient The strongest and most quantifiable CASAC involvement was necessary or air, information as to when those effects exposure-response information on such appropriate. Indeed, only one member become adverse to individuals, and responses has come from controlled of CASAC chose to comment at all, and insights gained from human exposure human exposure studies, which clearly that member likewise expressed no and risk assessments intended to show that reductions in lung function concern with the method by which EPA provide a broader perspective for are enhanced by increased levels of consulted with CASAC on the response judgments about protecting public activity involving exertion and by to the remand. Finally, the commenters health from the risks associated with increased O3 concentrations. Numerous 21 have not provided any reason to believe direct O3 inhalation exposures. such studies of exercising adults have that additional review by CASAC would 1. Health Effects Associated With O demonstrated decrements in lung have affected the outcome of this action 3 function both for exposures of 1–3 hours in any way. Inhalation Exposures at ≥ 0.12 ppm O3 and for exposures of In view of the above factors, in Based on information from human 6.6 hours at ≥ 0.08 ppm O3, providing particular the quality and type of clinical, epidemiological, and animal conclusive evidence that O3 levels analyses relied on by commenters and toxicological studies, an array of health commonly monitored in the ambient air the fact that CASAC had the effects has been attributed to short-term induce lung function decrements in opportunity to review those analyses as (1 to 3 hours), prolonged (6 to 8 hours), exercising adults. Further, numerous well as other information in the record, and long-term (months to years) summer camp studies provide an EPA believes its approach to this exposures to O3. Long-established acute extensive and reliable data base on response represents a reasonable health effects 22 induced by short-term comparable lung function responses to exercise of its discretion to decide when exposures to O3, generally while ambient O3 and other pollutants in to supplement the review process and individuals were engaged in heavy children and adolescents. The extent of fulfills the Agency’s responsibilities exertion, include transient pulmonary pulmonary function decrements varies under the Act. The EPA’s response fully function responses, transient respiratory considerably among individuals, complies with the direction of the Court symptoms, and effects on exercise pulmonary function generally tends to that EPA determine ozone’s net adverse performance.23 The 1997 review return to baseline levels shortly after effect on public health and not included substantial new information short-term exposure, and effects are ‘‘disregard the studies’’ upon which the on similar effects associated with typically attenuated upon repeated petitioners primarily relied in their prolonged exposures at concentrations short-term exposures over several days. challenge. ATA I, 175 F.3d at 1053. as low as 0.08 ppm and at moderate (ii) Respiratory symptoms and effects Nothing in the Court’s remand purports levels of exertion. Other health effects on exercise performance. Various to require EPA to reopen the air quality associated with short-term or prolonged transient respiratory symptoms, criteria, or indeed the entire review O3 exposures include increased airway including cough, throat irritation, chest process, before concluding this aspect of responsiveness, susceptibility to pain on deep inspiration, and shortness the 1997 review. For the reasons respiratory infection, increased hospital of breath, have been induced by O3 exposures of both healthy individuals 20 The EPA’s request for comments, together with 21 See the 1996 proposal and 1997 final rule for and those with impaired respiratory copies of the proposed response and key more complete summaries and the Criteria systems. Increasing O3 exposure documents, was transmitted to CASAC in a letter Document and Staff Paper for more detailed durations and levels have been shown to Dr. Philip Hopke from Dr. Karen Martin, January discussion. 22 to elicit increasingly more severe 14, 2002, which is available in the docket. The EPA ‘‘Acute’’ health effects of O3 are defined as had previously provided an earlier draft of the those effects induced by short-term and prolonged symptoms that persist for longer periods proposed response, together with copies of key exposures to O3. Examples of these effects are 24 documents, to CASAC members in January 2001, functional, symptomatic, biochemical, and ‘‘Chronic’’ health effects of O3 are defined as ten months before the proposed response was physiologic changes. those effects induced by long-term exposures to O3. 23 published. See letter to Dr. Philip Hopke from Dr. The 1-hour O3 primary NAAQS set in 1979 was Examples of these effects are structural damage to Karen Martin, January 22, 2001 (available in the generally based on these acute effects associated lung tissue and accelerated decline in baseline lung docket). with heavy exercise and short-term exposures. function.

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in increasingly larger numbers of (v) Hospital admissions and lavage (BAL) to sample cells and fluid individuals. Symptomatic and emergency room visits. Increased from the lung and lower airways. pulmonary function responses follow a summertime hospital admissions and Several such studies have shown that similar time course during an acute emergency room visits for respiratory exercising humans exposed (1 to 4 exposure and the subsequent recovery, causes have been associated with hours) to 0.2 to 0.6 ppm O3 had O3- as well as over the course of several ambient exposures to O3 and other induced markers of inflammation and days during repeated exposures. As environmental factors. Numerous cell damage, with the lowest with pulmonary function responses, the studies consistently have shown such a concentration of prolonged O3 exposure severity of symptomatic responses relationship, even after controlling for tested in humans, 0.08 ppm for 6.6 varies considerably among subjects. For modifying factors, as well as when hours with moderate exercise, inducing some outdoor workers or active people considering only O3 concentrations < small but statistically significant who are highly responsive to ambient 0.12 ppm. Individuals with preexisting increases in these endpoints. Thus, it is O3, respiratory symptoms may cause respiratory disease (e.g., asthma, chronic reasonable to conclude that repeated reduced productivity, may curb the obstructive pulmonary disease) may acute inflammatory response and ability or desire to engage in normal generally be at increased risk of such cellular damage is potentially a matter activities, and may interfere with effects, and some individuals with of public health concern; however, it is maximal exercise performance. respiratory disease may have an also recognized that most, if not all, of (iii) Increased airway responsiveness. inherently greater sensitivity to O3. On these effects begin to resolve in most Increased airway responsiveness is an the other hand, individuals with more individuals within 24 hours if the indication that the airways are severe respiratory disease are less likely exposure to O3 is not repeated. Of predisposed to bronchoconstriction, to engage in the level of exertion possibly greater public health concern is with a high level of bronchial associated with provoking responses to the potential for chronic respiratory responsiveness being characteristic of O3 exposures in healthy humans. On damage that could be the result of asthma. As a result of increased airway balance, it is reasonable to conclude that repeated O3 exposures occurring over a responsiveness induced by O3 exposure, evidence of O3-induced increased season or a lifetime. human airways may be more susceptible airway resistance, nonspecific bronchial b. Potential Effects of Long-term O to a variety of stimuli, including responsiveness, susceptibility to 3 Exposures antigens, chemicals, and particles. respiratory infection, increased airway Because enhanced response to antigens permeability, airway inflammation, and Epidemiologic studies that have in asthmatics could lead to increased incidence of asthma attacks suggests investigated potential associations morbidity (i.e., medical treatment, that ambient O3 exposure could be a between long-term O exposures and emergency room visits, hospital 3 cause of increased hospital admissions, chronic respiratory effects in humans admissions) or to more persistent particularly for asthmatics. thus far have provided only suggestive alterations in airway responsiveness, evidence of such a relationship. Most these health endpoints raise concern for (vi) Pulmonary inflammation. studies investigating this association public health, particularly for Respiratory inflammation can be have been cross-sectional in design and individuals with impaired respiratory considered to be a host response to have been compromised by incomplete systems. injury and indicators of inflammation as (iv) Increased susceptibility to evidence that respiratory cell damage control of confounding variables and respiratory infection. When functioning has occurred. Inflammation induced by inadequate exposure information. Other normally, the human respiratory tract, exposure of humans to O3 may have studies have attempted to follow like that of other mammals, has several potential outcomes: (1) variably exposed groups prospectively. numerous closely integrated defense Inflammation induced by a single The findings from such studies mechanisms that provide protection exposure (or even several exposures conducted in southern California and from the adverse effects of a wide over the course of a season) could Canada suggest small, but consistent, variety of inhaled particles and resolve entirely; (2) repeated acute decrements in lung function among inhabitants of the more highly polluted microbes. Evidence that inhalation of O3 inflammation could develop into a may break down or impair these defense chronic inflammatory state; (3) communities; however, associations mechanisms comes primarily from a continued inflammation could alter the between O3 and other copollutants and very large number of laboratory animal structure and function of other problems with study population loss studies with generally consistent pulmonary tissue, leading to disease have reduced the level of confidence in results. One of the few studies of processes such as fibrosis; (4) these conclusions. Other epidemiologic moderately exercising human subjects inflammation could interfere with the studies have attempted to find exposed to 0.08 ppm O3 for 6.6 hours body’s host defense response to associations between daily mortality reported decrements in alveolar particles and inhaled microorganisms, and O3 concentrations in various cities macrophage function, the first line of particularly in potentially vulnerable around the United States. Although an defense against inhaled microorganisms populations such as children and older association between ambient O3 and particles in the lower airways and individuals; and (5) inflammation could exposure in areas with very high O3 air sacs. While no single experimental amplify the lung’s response to other levels and daily mortality has been human study or group of animal studies agents such as allergens or toxins. suggested by these studies, the data are conclusively demonstrates that human Exposures of laboratory animals to O3 limited. susceptibility to respiratory infection is for periods ≤8 hours have been shown In a large number of animal increased by exposure to O3, taken as a to result in cell damage, inflammation, toxicology studies, ‘‘lesions’’ 25 in the whole, the data suggest that acute O3 and increased leakage of proteins from exposures can impair the host defense blood into the air spaces of the 25 Differing views have been expressed by CASAC capability of both humans and animals, respiratory tract. In humans, the extent panel members regarding the use of the term ‘‘lesion’’ to describe the O3-induced morphological potentially resulting in a predisposition and course of inflammation and its (i.e., structural) abnormalities observed in to bacterial infections in the lower constitutive elements have been toxicological studies. Section V.C.8 of the Staff respiratory tract. evaluated by using bronchoalveolar Continued

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centriacinar regions of the lung (i.e., the are unusually responsive to O3 relative broader context includes consideration, portion of the lung where the region that to other individuals with similar levels to the extent possible, of the particular conducts air and the region that of activity or with a similar health status population groups at risk for various exchanges gas are joined) are well and may experience much greater health effects, the number of people in established as one of the hallmarks of O3 functional and symptomatic effects from at-risk groups likely to be exposed to O3 toxicity. Under certain conditions, some exposure to O3 than the average concentrations shown to cause health of the structural changes seen in these individual response. effects, the number of people likely to studies may become irreversible. It is In making judgments as to when the experience certain adverse health effects unclear, however, whether ambient effects discussed above become under varying air quality scenarios, and exposure scenarios encountered by significant enough that they should be the kind and degree of uncertainties humans result in similar ‘‘lesions’’ or regarded as adverse to the health of inherent in these assessments. These whether there are resultant functional or individuals in these sensitive quantitative assessments add to our impaired health outcomes in humans populations, the Administrator has understanding of the overall body of chronically exposed to O3. looked to guidelines published by the evidence linking O3 inhalation The epidemiologic lung function American Thoracic Society (ATS) and exposures to adverse health effects. The studies generally parallel those of the the advice of CASAC. Based on these models used in these assessments were animal studies, but lack good guidelines, with CASAC concurrence, appropriate and the methods used information on individual O3 exposure gradations of individual functional represent the state of the art. history and are frequently confounded responses (e.g., decrements in forced a. Exposure Analyses by personal or copollutant variables. expiratory volume (FEV1), increased Thus, the Administrator recognizes that airway responsiveness) and The EPA conducted exposure there is a lack of a clear understanding symptomatic responses (e.g., cough, analyses to estimate O3 exposures for of the significance of repeated, long- chest pain, wheeze) were defined, the general population and two at-risk term inflammatory responses, and that together with judgments as to the populations, active children who there is a need for continued research in potential impact on individuals regularly engage in outdoor activity (i.e., this important area. In summary, the experiencing varying degrees of severity ‘‘outdoor children’’) and ‘‘outdoor collective data on long-term exposure to of these responses.28 workers,’’ living in nine representative 30 O3 garnered in studies of laboratory In judging the extent to which such U.S. urban areas. Exposure estimates animals and human populations have impacts represent effects that should be were developed for a baseline year (e.g., many ambiguities. Nevertheless, the regarded as adverse to the health status 1993, 1994), using monitored O3 air currently available information provides of individuals, an additional factor quality data (i.e., the ‘‘as is’’ scenario), at least a biologically plausible basis for considered is whether such effects are as well as for simulated air quality considering that repeated inflammation experienced repeatedly by an individual conditions reflecting attainment of the associated with exposure to O3 over a during the course of a year or only on 1-hour NAAQS and various alternative lifetime may result in sufficient damage a single occasion. While some experts standards. The exposure analyses to respiratory tissue such that would judge single occurrences of provide: (1) Estimates of the number of individuals later in life may experience moderate responses to be a ‘‘nuisance,’’ people exposed in each of these a reduced quality of life, although such especially for healthy individuals, a population groups to various O3 relationships remain highly uncertain. more general consensus view of the concentrations, and the number of adversity of such moderate responses occurrences of such exposures, under c. Adversity of Effects for Individuals emerges as the frequency of occurrence different regulatory scenarios,31 which Some population groups have been increases. Thus, EPA has concluded that are an important input to the risk identified as being sensitive to effects repeated occurrences of moderate assessment conducted for certain associated with exposures to ambient O3 responses, even in otherwise healthy adverse health effects (summarized in levels, such that individuals within individuals, may be considered to be the next section); and (2) estimates of these groups are at increased risk of adverse since they could well set the the frequency of occurrences of O3 experiencing such effects. Population stage for more serious illness. ‘‘exposures of concern,’’ 32 which help groups at increased risk include: (1) 2. Human Exposure and Risk Active children and outdoor workers standard proposed and alternative standards on Assessments which comment was solicited, as well as to refine who regularly engage in outdoor the procedures used to simulate O concentrations 26 3 activities; (2) individuals with To put judgments about respiratory upon attainment of alternative standards preexisting respiratory disease (e.g., health effects that are adverse for (Richmond, 1997). asthma or chronic obstructive lung individuals into a broader public health 30 The areas include a significant fraction of the disease); 27 and (3) some individuals, context, the Administrator has taken U.S. urban population, 41.7 million people, the largest urban areas with major O3 nonattainment referred to as ‘‘hyperresponders,’’ who into account the results of human problems, and two large urban areas that are in 29 exposure and risk assessments. This attainment with the 1-hour NAAQS. Paper describes and discusses these degenerative 31 Estimates of ‘‘people exposed’’ reflect the changes in more detail. 28 These gradations and impacts are summarized number of people who experience exposures to a 26 Exertion increases the amount of O3 entering in the 1996 proposal and discussed in the Criteria given concentration of O3, or higher, at least one the airways and can cause O3 to penetrate to Document (Chapter 9) and Staff Paper (section V.F, time during the period of analysis, and estimates of peripheral regions of the lung where lung tissue is Tables V–4 and V–5). ‘‘occurrences of exposure’’ reflect the number of more likely to be damaged. 29 See the 1996 proposal (61 FR 65723–6) and times a given O3 concentration is experienced by 27 While not necessarily more responsive than 1997 final rule (62 FR 38860–1) for a more complete the population of interest. 32 healthy individuals in terms of the magnitude of summary of these assessments. A detailed ‘‘Exposures of concern’’ refer throughout to O3 pulmonary function decrements or symptomatic description of the exposure and risk models and exposures at and above 0.08 ppm, 8-hour average, responses, these individuals may be at increased their application at the time of the 1996 proposal at moderate exertion. Such exposures are risk since the impact of O3-induced responses on are presented in the Staff Paper and associated particularly relevant to a consideration of a number already-compromised respiratory systems may more technical support documents (Johnson, 1994; of health effects, discussed in section I.A.1 above, noticeably impair an individual’s ability to engage Johnson et al., 1996 a,b; Whitfield et al., 1996). that have been observed in controlled human in normal activity or may be more likely to result Following proposal, supplemental exposure and studies under these exposure conditions, but for in increased self-medication or medical treatment. risk analyses were done to analyze the specific which data were too limited to allow for

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to put into broader perspective other O3- concentration-based forms of the estimated to be approximately 3 percent related health effects that could not be standards under consideration (e.g., the at the 0.08 ppm level (ranging from 2– included in the risk assessment second- and fifth-highest daily 10 percent in the nine areas), increasing (summarized below). maximum 8-hour average O3 to approximately 11 percent at the 0.09 The computer model used in these concentration, averaged over a 3-year ppm level (ranging from 7–29 percent in analyses, the probabilistic NAAQS period).35 The estimated exposures are the nine areas).37 Thus, based on these exposure model for O3 (pNEM/O3), based on a single year of air quality data analyses, a standard set at 0.09 ppm combines information on O3 air quality and reflect what would be expected in would allow more than three times as with information on patterns of human a typical or average year in an area just many children to experience exposures activity to produce estimates of O3 attaining a given standard over a 3-year of concern as would a 0.08 ppm inhalation exposures. This model has compliance period; additional analyses standard, with the number of children been developed to take into account the were done to estimate exposures that likely to experience such exposures most significant factors contributing to would be expected in the worst year of increasing from approximately 100,000 total O3 inhalation exposure including: a 3-year compliance period. to more than 300,000 in these nine areas The temporal and spatial patterns of Based on the results of the exposure alone. These exposures of concern are ground-level O3 concentrations analyses, children who are active judged by EPA to be an important throughout an urban area; the variations outdoors (representing approximately 7 indicator of the public health impacts of of O3 levels within a comprehensive set percent of the population in the study 33 those O3-related effects for which of ‘‘microenvironments;’’ the areas) appear to be the at-risk information is too limited to develop temporal and spatial patterns of the population group examined with the quantitative estimates of risk, but which movement of people throughout an highest percentage and number of have been observed in humans at a level urban area; and the effects of variable individuals likely to experience of 0.08 ppm for 6- to 8-hour exposures. exertion levels (represented by exposures of concern. Estimated Such effects include increased ventilation rates), associated with a exposures of concern varied nonspecific bronchial responsiveness range of activities that people regularly significantly across the urban areas (related, for example, to aggravation of engage in, on O uptake in exposed 3 examined in this analysis, with far asthma), decreased pulmonary defense individuals. The analysis of these key greater variability associated with the 1- mechanisms (suggestive of increased factors incorporated extensive data hour NAAQS in contrast to the more susceptibility to respiratory infection), bases, including, for example, data from consistent results associated with and indicators of pulmonary ground-level O monitoring networks in 36 3 alternative 8-hour standards. Despite inflammation (related to potential these areas, data from numerous this variability across areas, general research studies that characterized the aggravation of chronic bronchitis or patterns can be seen in comparing long-term damage to the lungs). activity patterns of the general alternative standards. For example, for population and at-risk groups as they go aggregate estimates of the mean percent In taking these observations into about their daily activities (e.g., from of outdoor children likely to experience account, the Administrator and CASAC indoors to outdoors, moving from place exposures of concern within the seven recognized the uncertainties and to place, and engaging in activities at nonattainment areas: The range of limitations associated with such different exertion levels),34 and census estimates associated with the 1-hour analyses, including the considerable, data on relevant factors such as age, NAAQS is approximately 0.3–24 but unquantifiable, degree of work status, home location and type of percent, whereas for alternative 8-hour uncertainty associated with a number of air conditioning system present, and standards (of the same 1-expected- important inputs to the exposure model. work place location. exceedance form as the 1-hour NAAQS), A key uncertainty in model inputs The regulatory scenarios examined in the ranges are approximately 3–7 results from limitations in the human the exposure analyses include both 1- percent for a 0.09 ppm standard, 0–1 activity data base that may not hour O3 standards, at levels of 0.12 ppm percent for a 0.08 ppm standard, and adequately account for day-to-day (the 1979 NAAQS) and 0.10 ppm, and essentially zero for a 0.07 ppm standard. repetition of activities common to 8-hour standards, at levels of 0.07, 0.08, Within any given urban area, these children, such that the number of and 0.09 ppm, with 1- and 5-expected differences in estimated exposures of people who experience multiple exceedance forms, i.e., the range of concern between alternative standards occurrences of high exposure levels may alternative 8-hour standards are statistically significant. be underestimated. Small sample size recommended in the Staff Paper and In looking more specifically at a also limits the extent to which supported by CASAC as the appropriate comparison between 8-hour standards at ventilation rates associated with various range for consideration in this review. the 0.09 ppm and 0.08 ppm levels, activities may be representative of the These estimates were also used to aggregate estimates of the mean population group to which they are roughly bound exposure estimates for percentage of outdoor children likely to applied in the model. In addition, the experience exposures of concern are air quality adjustment procedure used to quantitative risk assessment. Exposures at and simulate air quality distributions above 0.12 ppm, 1-hour average, at heavy exertion, are also of concern; however, the focus here is on 35 As discussed in section IV and appendix A of associated with attaining alternative 8-hour average exposures since exposure estimates the Staff Paper. standards, while based on generalized are higher for the 8-hour average effects level of 36 The observed area-to-area variability reflects models intended to reflect patterns of 0.08 ppm at moderate exertion than for the 1-hour differences in the shape of air quality distributions air quality changes that have historically average effects level of 0.12 ppm at heavy exertion. and differences in the relationships between 1-hour 33 The five indoor and two outdoor and 8-hour peak concentrations across urban areas, been observed, contains significant microenvironments included in this exposure as well as differences in the percentage of homes uncertainty, especially when applied to model account for the highly localized variations in with air conditioning (which impacts exposure areas requiring very large reductions in O3 concentrations to which people are exposed that estimates when individuals are indoors) and the air quality to attain alternative standards are not directly reflected in the concentrations frequency of warm versus cool days (which impacts measured at ambient ground-level O3 monitoring exposure estimates because different sets of human sites. activity patterns are used for warm versus cool days 37 Based on the supplemental analyses that used 34 See, for example, Tables V–8 and V–9 in the in the exposure model) across the nine urban areas the third-highest concentration-based form of the Staff Paper, pp. 83–84. (Richmond, 1997). standards (Richmond, 1997).

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or to areas that are now in attainment estimates have been developed for effects included in the assessment. As with the 1-hour NAAQS.38 several of the respiratory effects expected, the risk estimates exhibit the observed in controlled human exposure same general patterns in comparing b. Risk Assessments studies to be associated with O3 alternative standards as was observed in The EPA conducted an assessment of exposure for which sufficient the results of the exposure analyses. health risks for several categories of quantitative dose-response information Estimated risk varied significantly respiratory effects considering the same was available. These effects include across the urban areas examined, with population groups, alternative air lung function decrements (measured as greater variability associated with the 1- quality scenarios, and urban areas that changes in FEV1) and pain on deep hour NAAQS than with alternative 8- were examined in the human exposure inspiration (PDI).39 More specifically, hour standards, and, within any given analyses described above. The objective these effects, or health endpoints, are urban area, the differences in risk of the risk assessment was to estimate to defined not only in terms of estimated for the various 1-hour and 8- the extent possible the magnitude of physiological responses, but also the hour standards analyzed were risks to population groups believed to amount of change in that response statistically significant. be at greatest risk either due to judged to be of medical significance (as In looking more specifically at a increased exposures (i.e., outdoor discussed in section II.A.3 above). For comparison between 8-hour standards at children and outdoor workers) or decrements in FEV1 responses, risk the 0.09 ppm and 0.08 ppm levels, increased susceptibility (e.g., estimates are provided for the lower aggregate estimates of the number of asthmatics) while characterizing, as end, midpoint, and upper end of the outdoor children in the nine areas likely ≥ explicitly as possible, the uncertainties range of response considered to be an to experience moderate ( 15 percent) ≥ inherent in the assessment. While adverse health effect (i.e., ≥ 10, 15, or 20 and large ( 20 percent) FEV1 decreases different risk measures are provided by percent FEV1 decrements), while for PDI and moderate or severe PDI are the assessment, EPA has focused on responses, risk estimates are provided summarized in the 1997 final rule.41 For ≥ ‘‘headcount risk’’ estimates which for moderate and severe responses. example, for large FEV1 decreases ( 20 include: (1) Estimates of the number of Although some individuals may percent), approximately 2 percent of people likely to experience a given experience a combination of responses, outdoor children (58,000 children) health effect and (2) estimates of the risk estimates could only be provided would likely experience this effect one number of incidences of a given health for each individual health endpoint or more times per year (100,000 effect likely to be experienced by the rather than various combinations of occurrences) at the 0.08 ppm standard population group of interest (n.b., some functional and symptomatic responses. level, increasing to approximately 3 individuals likely experience that given The exposure-response relationships percent of outdoor children (97,000 health effect more than once in a year). used to characterize these functional children and 220,000 occurrences) at While the estimates of numbers of and symptomatic effects were based on the 0.09 ppm standard level. Based on people and incidences of effects are the controlled human exposure studies, this assessment, a standard set at 0.09 subject to uncertainties and should not and were applied to ‘‘outdoor children,’’ ppm would allow approximately 40–65 be viewed as demonstrated health ‘‘outdoor workers,’’ and the general percent more outdoor children to impacts, EPA believes they do represent population.40 These exposure-response experience these functional and reasonable estimates of the likely extent relationships were combined with the symptomatic effects than would a 0.08 of these effects on public health given results of the exposure analyses, which ppm standard, and approximately 70– the available information. provided distributions of population 120 percent more occurrences of such This risk assessment builds upon exposures estimated to occur upon effects in outdoor children per year. In considering these observations, the earlier O3 risk assessment approaches attainment of alternative standards, in Administrator and CASAC have developed during the previous O3 terms of both the number of individuals NAAQS review. The risk models in the general population, outdoor recognized that there are many produce estimates of risk by taking into workers, and outdoor children exposed uncertainties inherent in such account: (1) Exposure-response or and the number of occurrences of assessments, not all of which can be concentration-response relationships exposure. quantified. Some of the most important used to characterize various respiratory Following from the results of the caveats and limitations in this assessment include: (1) The effects of O3 exposure; (2) distributions exposure analyses showing outdoor of population exposures upon children to be the population group uncertainties and limitations associated attainment of alternative standards experiencing the greatest exposures, this with the exposure analyses discussed resulting from the exposure analyses population group also has the highest above; (2) the extrapolation of exposure- described above; and (3) distributions of estimated risk in terms of the percent of response functions, consistent with CASAC’s recommendation, that projects 1-hour and 8-hour daily maximum O3 the population, and the numbers of concentrations upon attainment of children, likely to experience the health some biological responses below the alternative standards, developed as part lowest-observed-effects levels to an of the exposure analyses. The 39 Each of the effects is associated with a estimated background level of 0.04 ppm; assessment addresses a number of particular averaging time and, for most of the acute and (3) the inability to account for some adverse lung function and respiratory (1- to 8-hour) responses, effects also are estimated factors which are known to affect the separately for specific ventilation ranges [measured exposure-response relationships (e.g., symptom effects as well as increased as equivalent ventilation rate (EVR)] that hospital admissions, as discussed correspond to the EVR ranges observed in the assigning children the same below. studies used to derive exposure-response symptomatic response rates as observed (i) Adverse lung function and relationships. for adults and not adjusting response 40 While these studies only included adults aged rates to reflect the increase and respiratory symptom effects. Risk 18–35, findings from other clinical studies and summer camp field studies in several locations attenuation of responses that have been 38 A more complete discussion of uncertainties across the U.S. and Canada indicate changes in lung and limitations is presented in the Staff Paper and function in healthy children similar to those 41 Based on the supplemental analyses that used technical support documents (Johnson et al., observed in healthy adults exposed to O3 under the third-highest concentration-based form of the 1996a,b; Richmond, 1997). controlled laboratory conditions. standards (Richmond, 1997).

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observed in studies of lung function and numbers of related O3-induced effects, estimates of the public health impacts of symptoms upon repeated exposures).42 including respiratory-related hospital changes in dermal-related exposures to (ii) Excess respiratory-related hospital admissions among the general UV–B radiation as mediated by changes admissions. A separate risk assessment population, emergency and outpatient in ground-level O3. was done for increased respiratory- department visits, doctors visits, and 1. Health Effects Associated with UV–B related hospital admissions as reported asthma attacks and related increased use Radiation Exposure in several epidemiologic studies.43 The of medication that are important public assessment looked only at one urban health considerations. The following short summary of area, New York City, for which adequate In taking these observations into information 46 on the adverse human air quality information also was account, the Administrator recognizes health effects associated with exposure available to assess population risk. the uncertainties and limitations to UV–B radiation focuses on the three Increased respiratory-related hospital associated with this assessment. These major organ systems whose tissues are admissions for individuals with asthma include: (1) The inability at this time to commonly exposed to solar radiation: were modeled using a probabilistic quantitatively extrapolate the risk the skin, eyes, and immune system.47 It concentration-response function based estimates for New York City to other is these three systems that are on the results of an epidemiologic study urban areas; (2) uncertainty associated potentially subject to damage from in New York City (Thurston et al., 1992) with the underlying epidemiologic increased UV–B radiation as a result of and estimated distributions of daily study from which the concentration- the absorption of solar energy by maximum 1-hour average O3 response relationship used in the molecules present in the cells and concentrations upon attainment of analysis was drawn; and (3) tissues of these organs. The biologically alternative standards at various uncertainties associated with the air effective dose of radiation that actually monitors in New York City (developed quality adjustment procedure used to reaches target molecules generally as part of the exposure analysis simulate attainment of alternative depends on the duration of exposure at discussed above).44 The resulting risk standards for the New York City area.45 particular locations, time of day, time of estimates are for excess respiratory- year, behavior (i.e., ‘‘sun avoidance’’ related hospital admissions (i.e., those B. Potential Indirect Beneficial Health and ‘‘sun seeking’’ behavior 48), and, for attributable to O3 concentrations above Effects Associated with Ground-level O3 the skin, characteristics that include an estimated background O3 level of This section is drawn from pigmentation and temporal variations 0.04 ppm) for asthmatic individuals information in the record of the 1997 (e.g., changes in the pigmentation due to over an O3 season. review with regard to the effect of tanning). Similar to the risk assessment ground-level O 3 on the attenuation of a. Effects on the Skin discussed above for lung function and UV–B radiation and potential associated respiratory symptom effects, reductions health benefits. All relevant record The most common form of solar in hospital admissions for respiratory information was reviewed, including damage to the skin is sunburn. causes for asthmatic individuals and the EPA documents, published articles, oral Susceptibility to sunburn and the ability general population are estimated to testimony at public meetings, and to tan are the basis for a classification occur with each change in the level of written comments submitted during the system of six skin phenotypes. The most alternative 8-hour standards from 0.09 rulemaking and on the proposed sensitive individuals (skin type I) are ppm to 0.07 ppm. In looking more response. This section summarizes very light-skinned, with red or blonde specifically at a comparison between 8- information on the health effects hair and blue or green eyes (U.S. EPA, hour standards at 0.09 ppm and 0.08 associated with UV–B radiation 1987, ES–33). The most resistant ppm levels, a standard set at 0.09 ppm exposure (section B.1) and the individuals (skin type VI) are darkly is estimated to allow approximately 40 relationship between ground-level O3 pigmented even without exposure to more excess hospital admissions of and UV–B radiation (section B.2), and solar radiation. Susceptibility to asthmatics within an O3 season in New evaluates estimates of UV–B radiation sunburn may be a risk factor for skin York City for respiratory causes as risks that have been attributed to cancer. compared to a 0.08 ppm standard, reductions in ground-level O3 projected Among light-skinned populations, which represents approximately a 40 to result from attainment of the 1997 O3 skin cancer is among the most common percent increase in excess O3-related NAAQS (section B.3). This section also kinds of cancer. The three types of skin admissions, but only approximately a responds to a number of technical cancer that have been associated with 0.3 percent increase in total admissions comments on the proposed response exposure to solar radiation include two of asthmatics. The EPA believes that relating to (i) the distinctions that EPA common types of nonmelanoma skin while these numbers of hospital has drawn between assessing the public cancers (NMSC), squamous cell admissions are relatively small from a health impacts of changes in carcinoma (SCC) and basal cell public health perspective, they are stratospheric versus ground-level O3, (ii) carcinoma (BCC), and melanoma, a far indicative of a pyramid of much larger the distinctions between assessing the less common form of cancer. public health impacts of changes in 42 A more complete discussion of assumptions inhalation-related exposures to ground- 46 More detailed information about the health and uncertainties is presented in the Staff Paper effects associated with UV–B radiation exposure and the technical support documents (Whitfield et level O3 versus the impacts of changes may be found in the proposed response to the al., 1996; Richmond, 1997). in dermal-related exposures to UV–B remand (66 FR 57278–57280). 43 Several studies, mainly conducted in the radiation as mediated by changes in 47 The reference document available in the record northeastern U.S. and southeastern Canada have ground-level O3, and (iii) the for the information in this section is the EPA reported excess daily respiratory-related hospital appropriate weight to give to analyses in document ‘‘Assessing the Risk of Trace Gasses that admissions associated with elevated O3 levels Can Modify the Stratosphere’’ (U.S. EPA, 1987). within the general population and, more the record that provide quantitative 48 Sun avoidance is an intentional decrease in specifically, for individuals with asthma. exposure, for example, by using clothing, 44 The model is described in more detail in 45 A more complete discussion of these sunscreens, and sunglasses to shield the body from Whitfield et al. (1996) and results from the uncertainties and limitations is presented in the solar radiation. Sun seeking behavior is an supplemental analysis are presented in Richmond Staff Paper and technical support documents intentional increase in exposure to solar radiation, (1997). (Whitfield et al., 1996; Richmond, 1997). for example, by sunbathing.

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Prolonged exposure to the sun is B radiation received and in the Most studies that have used latitude considered to be the dominant risk underlying baseline incidence rates in as a surrogate for sunlight or UV–B factor for NMSC (U.S. EPA, 1987, ES– populations. Additional uncertainty is exposure have found an increase in 33). It has been observed that NMSC introduced in estimating the change in melanoma incidence or mortality tends to develop on sites that are most mortality from NMSC associated with correlated with proximity to the frequently exposed to the sun (e.g., changes in UV–B radiation, reflecting in equator. Other evidence, however, head, face, and neck). Outdoor workers, part discrepancies of reporting between creates uncertainty about the who are subject to greater exposure to death certificates and hospital relationship between solar radiation and solar radiation, tend to have higher diagnoses. Based on published melanoma. Some ecologic epidemiology incidence rates of NMSC. A latitudinal estimates, rates of metastasis among studies, conducted primarily in Europe gradient exists for the flux of UV–B SCCs and BCCs varied by one to two or in countries close to the equator, have radiation (i.e., the amount of radiation orders of magnitude, with rates failed to find a latitudinal gradient for transmitted through the atmosphere), estimated to be approximately 2 to 20 melanoma. In addition, outdoor workers with fluxes generally higher in lower percent for SCC and 0.0028 to 0.55 generally have lower incidence and latitudes. A similar latitudinal gradient percent for BCC. The overall fatality rate mortality rates from melanoma than is generally seen in incidence rates of for NMSC has been estimated to be indoor workers, which appears to be NMSC. Skin pigmentation provides a approximately 1 to 2 percent, with incompatible with the hypothesis that protective barrier that reduces the risk three-fourths to four-fifths of the deaths the cumulative dose from exposure to of developing NMSC, such that light- attributable to SCC (U.S. EPA, 1987, ES– solar radiation causes melanoma. Unlike skinned individuals, who are more 34).49 NMSC, most melanoma occurs on sites susceptible to sunburn and have blue or Melanoma is a serious, life- of the body that are not habitually green eyes, are more likely to develop threatening skin cancer that is far rarer exposed to sunlight. This evidence NMSC. and generally much more aggressive suggests that exposure to solar radiation, Both types of NMSC result from the than NMSC. The relationship between or UV–B, is not solely responsible for malignant transformation of exposure to UV–B radiation and variations in the incidence and keratinocytes, the major structural cells melanoma is not as clear as the mortality from melanoma (U.S. EPA of the skin. Cumulative long-term relationship between exposure to UV–B 1987, ES–37). exposure to UV radiation is the radiation and NMSC. The EPA (1987) Considering the available evidence, exposure of concern for both types of noted limitations in the evidence EPA (1987) concluded that UV–B NMSC. More specifically, the linking solar radiation to melanoma. For radiation is a likely component of solar incremental increase in cumulative example, no animal models were radiation that causes melanoma, either lifetime exposure to UV–B radiation is identified in which exposure to UV–B through the initiation of tumors or the metric used to estimate the risk of radiation experimentally induces through suppression of the immune increased incidence of NMSC (U.S. melanoma, and no in vitro models for system. The EPA (1987) also recognized EPA, 1987, ES–3). Epidemiological malignant transformation of that significant uncertainties exist in evidence, however, also indicates that melanocytes. Despite these limitations, characterizing associations between exposure to solar radiation may play EPA (1987) recognizes that a large array solar radiation and melanoma, different roles in the etiology of SCC of evidence does support the conclusion including the appropriate action spectrum to be used in estimating doses, and BCC. In particular, SCC is more that solar radiation is one of the causes likely to develop on sites receiving the the best functional form for a dose- of melanoma. Melanin, the principal highest cumulative UV radiation doses response relationship, and the best way pigment in the skin, effectively absorbs (e.g., nose), and the development of SCC to characterize dose (e.g., peak value, UV radiation, such that darker skin is more strongly associated with cumulative summer exposure). provides more protection from UV cumulative exposure to UV radiation. radiation. Lighter-skinned individuals, b. Effects on the Eyes Relative to SCC, BCC is more likely to whose skin contains less protective develop on sites that are not normally Evidence suggests that adverse effects melanin, have higher incidence and exposed to the sun, such as the trunk. on the eye are associated with exposure mortality rates from melanoma than do For a given cumulative level of exposure to UV–B radiation. Effects likely include darker-skinned individuals. to solar radiation, the risk of developing increases in cataract incidence or SCC may be greater than the risk of Sun exposure seems to induce severity and increased incidence of developing BCC. freckling, which is an important risk retinal disorders and retinal Dose-response relationships for factor for melanoma, and sun exposure degeneration. Cataracts are NMSC are generally estimated in terms leading to sunburn apparently induces characterized by the gradual loss of of a biological amplification factor melanocytic moles, which are also a risk transparency of the lens due to the (BAF), which is defined as the percent factor for melanoma. Additional accumulation of oxidized lens proteins. change in tumor incidence that results evidence suggests that melanoma risk Many possible mechanisms exist for the from a 1 percent change in UV–B may be associated with childhood formation of cataracts, and UV–B radiation. While there is considerable sunburn. However, other evidence radiation may play an important role in uncertainty in such estimates, results suggests that childhood sunburn may be some mechanisms. Therefore, while from several studies have produced an a surrogate for an individual’s epidemiological studies indicate that overall BAF range that is 1.8 to 2.85 for pigmentation characteristics or be the prevalence of human cataracts varies all nonmelanoma skin tumors (U.S. related to mole development, rather with latitude and UV radiation in EPA, 1987, ES–34). The BAF estimates than being a separate risk factor (U.S. general (U.S. EPA, 1987, ES–40), are generally higher for males than EPA, 1987, ES–37). significant uncertainty exists about the females and for SCC than BCC, and action spectrum to be used in any generally increase with decreasing 49 More recent estimates of mortality rates from estimation of dose associated with NMSC may be found on the American Cancer latitude. Key uncertainties in these Society’s Web site http://www.cancer.org, under variations in solar radiation. estimates include, for example, cancer type ‘‘Skin, Nonmelanoma,’’ then under Epidemiological and laboratory uncertainties in the actual doses of UV– ‘‘Nonmelanoma Skin Cancer—Overview.’’ evidence indicates that the exposure of

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concern in the development of cataracts angles, and for the more energetic increased penetration of UV–B radiation is the cumulative lifetime exposure to portion of the UV–B range. can result in both increases and UV–B radiation. The underlying annual and diurnal decreases in aerosol and acid rain patterns of UV–B penetration to the formation (U.S. EPA, 1996a; pp. 3–38 to c. Effects on the Immune System ground layer are driven primarily by 39), with attendant further feedbacks Information on the effects of UV–B three factors: (1) The change in apparent through heterogeneous chemistry and radiation on the immune system comes sun angle with the surface that occurs aerosol scattering of UV–B radiation. All primarily from laboratory animal as the earth travels around the sun; (2) of these complex processes could, under studies. High doses of UV radiation the diurnal change in apparent sun varying conditions, increase or decrease cause a depression in systemic angle caused by the earth’s rotation; and the amount of UV–B radiation that hypersensitivity reactions, whereas (3) the solar/meteorologically driven actually reaches ground level relative to relatively lower doses cause a annual change in the amount of O3 in an unperturbed case. The reactions can depression in local contact the stratosphere. Stratospheric O3 over further affect the concentrations of hypersensitivity. Both of these U.S. latitudes shows a characteristic radiatively important substances such as immunosuppressive effects of UV peak in the spring months, falling methane, O3, and particles, and could radiation have been found to reside steadily thereafter through summer and affect local, regional, and global climate. almost entirely in the UV–B portion of fall (Fishman et al., 1990; Frederick et Setting aside the direction and the solar spectrum (U.S. EPA, 1987, ES– al., 1993). The combination of the magnitude of these complex indirect 39). annual sun cycle and the stratospheric effects of UV–B radiation penetration on O3 cycle means that peak UV–B ground-level air pollution, and Information about the effects of UV radiation reaching the troposphere tends assuming appropriate sun angles and radiation on the human immune system, to occur in late June to early July, and cloud density, the marginal effect of however, is very limited. Without more falls steadily thereafter (Frederick et al., ground-level O3 on the absorption of complete information from laboratory or 1993). The annual peak in ground-level UV–B radiation by the earth’s epidemiological studies, the nature of O3 concentrations, which extends in atmosphere can be considered an exposure of concern cannot be most areas from May through separately. Because of increased estimated. Immunologic studies have September, generally overlaps the UV– scattering of incident UV–B radiation by not assessed the effects of long-term, B radiation peak (e.g., U.S. EPA, 1996a, the denser layer air molecules, droplets, low-dose UV–B irradiation, such that Figure 4–23). Diurnal patterns of and particles nearer the surface, the magnitude of risk from this type of ground-level O3 vary, but in urban areas, tropospheric O3 can absorb somewhat exposure cannot be assessed (U.S. EPA, summertime peaks tend to occur more UV–B radiation than an equal 1987, ES–40). between noon and 4 pm (U.S. EPA, amount of O3 in the stratosphere (Bru¨ hl 2. Relationship Between Ground-level 1996a, section 4.4). This obviously and Creutzen, 1989). The extent to which this increase in unit effect occurs O3 and UV–B Radiation Exposure overlaps with peak incoming UV–B radiation. The pattern of vertical mixing depends on the relative concentrations a. Relevant Atmospheric Factors in the atmosphere is such that morning and character of aerosols in the ground-level measurements probably do troposphere as compared to the The relationships between ground- not accurately reflect ‘‘mixing-layer’’ stratosphere. level O and UV radiation occur in the 3 concentrations (U.S. EPA, 1996a, p. 3– A further consideration is the relative context of a much larger dynamic of the 44).50 effectiveness of ground-level O3 in earth’s atmospheric systems. The sun is, The relationship between ground- absorbing those spectra of UV–B of course, overwhelmingly the main level O and solar radiation, including radiation wavelengths most likely to source of a wide band of 3 UV–B radiation, is complex and cause health effects. The ‘‘effective electromagnetic radiation, including the mediated by a number of atmospheric dose’’ of UV–B radiation can be ultraviolet. The total atmosphere blocks factors. It is not limited to the simple expressed as a function of two factors, a significant portion of the range of this absorption of energy. At a fundamental the intensity of radiation (by incoming solar radiation before it level, the variation in apparent solar wavelength) reaching the earth’s surface reaches ground level, including much of radiation is a primary cause of and the action spectrum. The the more energetic wavelengths that are meteorological fluctuations that strongly wavelength-dependent effect of O3 on shorter than visible light (400–900 nm). influence the build-up and transport of reducing the intensity of radiation in the The UV spectrum (100–400 nm) is anthropogenic air pollution. Further, as UV–B range is summarized above. The comprised of UV–C (100–280 nm), UV– discussed in Chapter 3 of the Criteria action spectrum describes how effective B (280–320 nm), and UV–A (320–400 Document, UV–B radiation that radiation at particular wavelengths is at nm). Ultraviolet -B radiation is penetrates the stratosphere to the causing a particular biological effect or efficiently but not completely absorbed mixing layer plays a key role in the a response in an instrument. Action by total column O 3. Wavelengths above processes leading to the formation of spectra allow the estimation of the 350 nm, including visible light, are not photochemical smog, including the potential effects of simultaneously absorbed by oxygen (O2) or O (U.S. 3 formation of ground-level O . In fact, changing radiation at different EPA, 1987, ES 35). Because the amount 3 increased penetration of UV–B radiation wavelengths by different amounts, as of atmospheric O 3 traversed by sunlight to the troposphere due to stratospheric happens with changing O3 levels. varies with the sun angle, atmospheric O depletion would likely increase Laboratory and field studies have been absorption is more complete in winter 3 ground-level concentrations of O in used to estimate and adopt action months and both early and late in the 3 most urban and many rural areas of the spectra conventions for various day, as compared to the absorption U.S. (U.S. EPA, 1996a, p. 3–5). The biological endpoints (e.g., Madronich, around mid-day near the summertime chain of indirect events triggered by 1992). As noted above, uncertainty solar zenith. Therefore, a decrease in exists about the action spectra as well as total column O3 from naturally 50 The mixing layer (relevant to the vertical how to specify appropriate dose metrics occurring conditions is of greater ‘‘thickness’’ of ground-level O3) develops and grows for particular health endpoints. Even concern during times of higher sun in height through the day. estimates of the range of wavelengths

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considered to be generally biologically these factors vary with location, season, ‘‘residual’’ tropospheric O3 is about 50 active vary within the UV–B radiation meteorology, and time of day. Moreover, to 80 percent (Figures 8a,c;9a,c; spectrum. These different action spectra the complex causal relationships noted Fishman et al., 1990). Again, the have different sensitivities to changes in above among all of these factors mean variability is even greater for ground- total column O3, which are formalized that neither static calculations holding level measurements (e.g., U.S. EPA, as numerical radiation amplification other factors constant (e.g., Cupitt, 1994) 1996a, Figure 4–23; Frederick et al., factors (RAF).51 In general, a 1 percent nor simple empirical associations 1993). change in total column O3 will produce between measured ground-level O3 and Although Fishman et al. (1990) do not greater than a 1 percent change (e.g., 1.1 UV–B radiation (e.g., Frederick et al., compare daily variations in to 1.8 percent) in effective radiation 1993) provide an adequate basis for stratospheric O3 above the U.S., it is dose for particular effects. assessing the ‘‘net’’ shielding associated reasonable to conclude that the spatial Nevertheless, as noted above, typical with control strategy driven changes in and annual/seasonal temporal stability ground-level pollution in various evidenced by this large stratospheric summertime ground-level O3 pollution in the eastern U.S. is less than 1 percent locations over an extended time period. reservoir would result in far more stable Moreover, as for the direct effects of O3, day-to-day and diurnal patterns as of total column O3. Even considering the the extent of resultant UV–B radiation- compared to ground-level O3. The high relative effectiveness of ground-level O3 in reducing UV–B radiation and the related health effects is also heavily variability of daytime O3 concentrations amplification of effective dose, such dependent on the variation of these for these temporal scales is amply pollution could add a few percent at physical changes superimposed on the documented in the Criteria Document (U.S. EPA, 1996a, Figure 4–23). most to naturally occurring biologically activity patterns and other factors that The spatial and temporal stability of effective UV–B radiation shielding.52 determine population exposures and the expansive and deep stratospheric O Viewed from one perspective and sensitivities to UV–B radiation, and on 3 the extent to which significant reservoir means that assessments of the holding all other factors constant, the effects of long-term declines or assumed typical O pollution level is biological responses can be attributed in 3 part to episodic peak exposures as well restoration can reasonably assume that providing some ‘‘improvement’’ or short-term and local-scale variations in incremental UV–B radiation shielding as to long-term cumulative exposures. Assessing the effective O layer important factors such as cloud cover, above the natural conditions that would 3 shielding is considerably more difficult other pollutants, temperature, otherwise exist in the mixing layer. It for ground-level O than for population demographics and activity should also be noted that, if typical 3 stratospheric O3 because of its far patterns beneath this layer will tend to summertime O3 levels were assumed to greater spatial and temporal variability ‘‘even out’’ over time, permitting more approximate the estimated continental and the much smaller contribution to confidence in the magnitude and background of about 40 ppb for daylight the total O3 column made by ground- direction of such assessments. In hours (U.S. EPA, 1996b, p.p. 20–21), level O . Some insights into the relative contrast to the stability of the this too would represent an 3 variability of these two layers are stratospheric O3 layer, the large spatial ‘‘improvement’’ over the natural provided in Fishman et al. (1990), and day-to-day variability outlined conditions that would exist in the which compares satellite measurements above for ground-level O3 means that mixing layer without the influence of of stratospheric O3 with ‘‘residual’’ geographical or temporal variations in 53 international transport of O3. tropospheric O3, a measure that actually other factors such as weather, other The extent to which changes in excludes the lowest portion of the pollutants, sensitive population ground-level O3 concentrations would ground-layer O3 in the mixing layer. For subgroups and human activity patterns translate into changes in UV–B the summer months, the long-term may not ‘‘even out’’ in particular areas radiation-related health effects in spatial variability in the amount of O3 under assessment. Moreover, it is various locations cannot, however, be in the stratosphere across the lower 48 reasonable to assume that the variations adequately viewed by reference to U.S. States is about 7 percent (Figure in ground-level O3 are not independent uniform assumptions applicable for 8c), while the variability in the of the variations in many of these other specific sun angle, latitude, time of day, tropospheric ‘‘residual’’ is nearly 4 factors. Such variability may have a cloud cover, and the presence of other times greater, at about 25 percent substantial impact on the outcome of pollutants.54 In the real world, all of (Figure 9c). By comparison, the spatial any assessment of the relative effects of variability in ground-level O3 a change in ground-level O3 strategies or 51 The RAF is defined as the percent increase in measurements across regions and cities standards. This, combined with the effective dose divided by the percent decrease in in the U.S. is far greater (U.S. EPA, many local- and regional-scale total column O3 (Madronich, 1992). interactions among all of these factors, 52 For reasons discussed below, any such 1996a, Chapter 4) reaching 200 percent shielding would vary widely from day-to-day, even and higher for comparable long-term would complicate any such ground- in the summer O3 season. measurements. Within an area as small level O3 assessment. 53 This estimated continental background is due as the Los Angeles basin alone, for A few commenters expressed the view in part to natural sources of emissions in North example, the median ground-level 8- that since EPA, and other agencies such America and in part to the long-range transport of as UNEP, have developed quantitative emissions from both anthropogenic and natural hour O3 values in different locations sources outside of North America. varied by more than a factor of 2 (Table estimates of the public health impacts of 54 Adding to the complexity of understanding this 28; Johnson et al., 1996c). The satellite relatively large increases in incident relationship are the results of high-dose animal information also shows a marked UV–B radiation associated with toxicology studies that suggest more research is contrast in the seasonal variations in O3 projected changes in the global reservoir needed into the direct effects of ground-level O3 on the skin. Tests by Thiele et al. (1997) suggest that for these two layers. The variation in the of stratospheric O3, it is necessarily the long-term exposure to O3 can deplete vitamin E in summer/winter stratospheric O3 column case that EPA can now develop credible the skin, and this could make the skin more over the U.S. is only about 2 to 4 estimates of the public health impacts susceptible to the effects of UV–B radiation (U.S. percent, while the variation in seasonal associated with the relatively very small EPA, 1997). Therefore, reducing long-term ground- increases in incident UV–B radiation level O3 exposure might serve to reduce skin problems. Even a relatively small O3 effect here UV–B radiation mediated effect estimated based on that could result from changes in could partially or completely offset any small O3—UV–B interactions alone. ground-level O3 likely to occur as a

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result of programs implemented to stratospheric O3 impacts. Therefore, exposures associated with acute attain an 8-hour O3 NAAQS. These EPA rejects the notion advanced by inhalation effects); (3) the different commenters further suggest that EPA, in these commenters that the simple types of parameters that are relevant to concluding that such estimates can not application of a stratospheric O3-type assessing dermal exposures (in contrast now be developed with sufficient assessment would produce credible to those that are important in assessing credibility to serve as a basis for setting quantitative estimates of NAAQS- inhalation exposures); and (4) the a less stringent 8-hour O3 NAAQS, is related impacts for the purpose of importance of skin type in treating scientific uncertainty differently weighing against the adverse characterizing the sensitive populations than it did when regulating substances respiratory-related impacts of ground- (in contrast to characterizing sensitive that deplete O3 in the stratosphere. The level O3, for which EPA has applied populations in terms of activity levels EPA believes that these commenters are state-of-the-art assessments that and respiratory health status). Further, ignoring fundamental differences, appropriately take into account the as was done in EPA’s assessment of discussed above, in the nature and relevant, highly variable patterns of respiratory effects, it is important to relative magnitude of the temporal and changes in exposures of concern to characterize the exposure-related factors spatial variability of O3 levels in the ground-level O3 (as discussed more fully specifically to address the relevant at- stratosphere and at ground-level in the in the following section). risk sensitive population groups. As noted in section II.B.1, the sensitivity to troposphere. The EPA remains b. Factors Related to Area-Specific UV–B radiation effects varies among convinced that it is entirely reasonable Assessment to use available information to make U.S. demographic groups, such that it estimates of broad-scale public health An enumeration of factors that would would be important to incorporate impacts in the context of the be important in assessing the potential census data on relevant characteristics UV–B radiation-related consequences of stratospheric O3 program, while (e.g., age at time of exposure, skin concluding that such broad-scale a more stringent O3 NAAQS in any pigmentation) that affect an individual’s analytic approaches necessarily obscure geographical area serves to illustrate the susceptibility. and assume away the localized and complexities discussed above. Such Aspects of each of these factors highly variable factors that are central to UV–B radiation-related factors are (including areas where current credibly estimating public health analogous, but not equivalent to the information or modeling tools are impacts in the context of programs factors that were important in the insufficient to address these factors at respiratory effects exposure and risk this time), significant comments designed to attain the O3 NAAQS. assessments discussed above in section received on these factors, and EPA’s More specifically, EPA notes that II.A.2. These UV–B radiation-related general responses are discussed briefly quantitative estimates of public health factors include: the temporal and spatial below. impacts associated with projected patterns of ground-level O3 (i) Estimation of area-specific and changes in stratospheric O3 are based concentrations throughout a geographic microenvironment changes in ground- primarily on epidemiological studies area where reductions are likely to level O3. Implementation of a more designed to evaluate impacts of long- occur, and the variations in O3 stringent O3 standard would, over time, term UV–B radiation exposures over concentrations within a comprehensive further reduce O3 concentrations across broad geographic regions (defined in set of ‘‘microenvironments’’ relevant to many areas within the U.S., but would terms of latitude bands) within which UV–B radiation exposures (which are affect various areas in different ways. stratospheric O3 levels exhibit relatively generally different from the Depending on the strategies adopted, in little variability. These types of microenvironments relevant to O3 some locations peak concentrations epidemiological studies are not inhalation exposures); the associated would be reduced significantly during designed to discern impacts associated temporal and spatial patterns of UV–B the O3 season, while the lower with much smaller, and much more radiation flux in such concentrations that occur on far more highly variable, localized changes in microenvironments; the temporal and numerous days could increase. In such ground-level O3 that will likely result spatial patterns of movement of people areas, the long-term cumulative effect from programs implemented to attain an throughout the UV–B radiation-related could be little net change, or even a 8-hour O3 NAAQS—such local microenvironments within the small increase in cumulative shielding. variations are simply averaged out in geographic area; and the effects of In other areas, the entire distribution of these studies that compare average UV– variable behaviors (e.g., the use of O3 could be reduced. The assessment of B radiation penetration over broad sunscreen, hats, sunglasses) within the the acute respiratory health effects of O3 geographic regions with regional range of activities that people regularly appropriately focused on the higher average incidence rates of UV–B engage in, on the effective dose of UV– portion of this distribution, using a radiation-related effects. The EPA B radiation that reaches target organs simple roll-back approach discussed believes that in choosing not to apply such as the skin. above (section II.A.2.a) to simulate the same type of approach used to While analogous to the respiratory- changes in air quality patterns during assess stratospheric O3 impacts to its related factors, there are a number of the O3 season based on available air assessment of NAAQS-related changes important differences between these sets quality monitoring data. For assessment in ground-level O3, that it is treating of factors that arise, for example, due to: of chronic effects such as those scientific uncertainty in an appropriate (1) The indirect nature of the associated with UV–B radiation, and consistent manner. To do relationship between changes in however, where long-term cumulative otherwise, as some commenters urge, ground-level O3 and UV–B radiation- exposures are of central importance, the would be to disregard the uncertainties related health effects (in contrast to the mid to lower portion of the distribution associated with localized and highly direct relationship between ground- would also be important. Also the variable changes in UV–B radiation level O3 and inhalation-related health distribution across the entire year, for exposure patterns that are central to an effects); (2) the long-term nature of the which O3 monitoring data is not assessment of NAAQS-related changes, relevant exposures that are associated generally available in many parts of the but that are not relevant to the long- with UV–B radiation’s chronic health country, could potentially be important. term, regional assessment of effects (in contrast to the short-term The mid to lower portion of the

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distribution is much more strongly assessments, EPA does not agree that through the stratosphere are fairly well influenced by complex atmospheric the same information on area-specific characterized, and most are directly chemistry and nonanthropogenic and microenvironment changes is related to the modest changes in sources, such that more sophisticated, relevant for both types of assessments. stratospheric O3 and large variations in area-specific modeling may be needed The EPA believes that these commenters sun angle that depend on latitude, time to estimate changes in this part of the are ignoring both the important of year, and time of day (U.S. EPA, distribution likely to occur as a result of differences, discussed above, in the 1987). Nevertheless, beyond these programs designed to attain a more information needed on area-specific and factors, and in addition to changes in stringent O3 NAAQS. microenvironment factors to conduct ground-level O3, a number of other In addition, although not relevant to the two types of exposure and risk (second-order) factors in the boundary assessing direct respiratory effects, the assessments, and the limitations in the layer and the rest of the troposphere can vertical distribution of O3 available information. affect the amount of UV–B radiation concentrations up through the mixing In particular, EPA’s 9-city exposure reaching potentially affected layer becomes important in assessing and risk assessment of acute respiratory populations. One such factor is cloud the effect of O3 in shielding UV–B health effects of O3 appropriately cover, which can reduce UV–B radiation radiation. The current lack of routine focused on the higher portion of the reaching the earth’s surface by 50 vertical profile measurements means distribution of ground-level O3 percent or more (Cupitt, 1994). Another that little is known about the relative concentrations during the O3 season, in such factor is the presence of UV–B effect of ground-level control strategies contrast to an area-specific assessment radiation scattering and absorbing on O3 in the mixing layer. of chronic UV–B radiation-related aerosols. Depending on local With regard to characterizing changes effects that would need to focus on the circumstances and the NAAQS in O3 concentrations within entire distribution of O3 concentrations, implementation strategy chosen, microenvironments relevant to UV–B not only at ground-level but extending aerosol-related UV–B radiation exposure radiation exposure, it is clear that this up throughout the vertical mixing layer, might increase or decrease as a result of set of microenvironments would differ across the entire year. While EPA has ground-level O3 reductions (U.S. EPA, in some respects from the set of available air quality monitoring data 1996a, Chapter 3). Both O3 and aerosols microenvironments that were relevant sufficient for simulating changes in can affect local climate as well as UV– for respiratory effects. For example, ground-level O3 concentrations within B radiation, and this could affect cloud while indoor microenvironments can the O3 season associated with attaining cover as a further indirect consequence reduce exposure to both ambient O3 and a more stringent O3 NAAQS, data are of a reduction strategy. While any such UV–B radiation, outdoor not generally available for simulating indirect effects might be expected to be microenvironments that are relevant for changes throughout the vertical mixing small for modest O3 changes, it is not inhalation exposure do not reflect the layer (necessary for calculating changes currently possible to predict the characteristics that are important for in UV–B radiation penetration to the magnitude or the sign of their net effect UV–B radiation exposure. Further, earth’s surface as a function of changes on UV–B radiation penetration. while not relevant to inhalation in ground-level O3 concentration A few commenters expressed the view exposure, microenvironments shaded by patterns) or for simulating changes that these types of uncertainties do not the presence of trees, buildings, and beyond the O3 season (which is only 4 preclude a quantitative assessment of other structures in many heavily to 5 months in many parts of the exposure and risk related to UV–B occupied areas would be important to country). Further, while data are radiation, because assessments of characterize for UV–B radiation available on microenvironments environmental risks always include analyses because these relevant to direct inhalation-related simplifying assumptions. While EPA microenvironments would tend to have exposures, data are not yet available on agrees that simplifying assumptions greatly reduced UV–B radiation the different microenvironments could be made about these types of exposures even when at the same relevant to dermal UV–B radiation second order uncertainties, EPA notes ground-level O3 concentration as a exposures. Thus, while that there is little information available sunny microenvironment. methodologically analogous, sufficient for judging whether any such A few commenters expressed the view information is simply not yet available assumptions were realistic or even that estimating area-specific changes to address these factors as part of an plausible. Thus, EPA continues to and microenvironment changes in area-specific assessment of UV–B maintain that having relevant ground-level O3 is just as important in radiation-related exposure and risk information on these factors would be conducting exposure and risk mediated by changes in ground-level O3 important in judging the credibility of assessments for direct respiratory- associated with programs designed to any area-specific assessment of UV–B related effects of ground-level O3 as it attain a more stringent O3 NAAQS. radiation-related exposure and risk would be in conducting such (ii) Estimation of temporal and spatial mediated by changes in ground-level O3. assessments for UV–B radiation-related patterns of UV–B radiation flux. (iii) Estimation of temporal and effects mediated by changes in ground- Relative to the assessment of direct spatial patterns of movement of people level O3. These commenters further respiratory effects, the assessment of the throughout microenvironments. While asserted that since EPA was able to indirect effect of O3 shielding on UV–B population densities are high in areas estimate area-specific changes and radiation-related health effects requires with the highest ground-level O3 microenvironment changes in ground- the additional step of estimating how concentrations, people may not receive level O3 to conduct the respiratory- changes in the temporal and spatial their highest exposure to UV–B related exposure and risk assessments patterns of O3 concentrations result in radiation in such locations. Reductions discussed above (section II.A.2), then changes in the patterns of UV–B in O3 shielding would presumably be EPA should also be able to estimate radiation. Given a three-dimensional most significant in outdoor recreational such changes as part of an assessment pattern of O3 levels, a first-order areas such as the beach or rural open of UV–B radiation-related exposure and approximation of UV–B penetration to areas where many people likely receive risk. While EPA agrees that these factors the earth’s surface can be readily made. a disproportionate share of their are relevant for both types of The factors that influence radiation flux cumulative sun exposure. Local or

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regional meteorological factors can, associated with too much sun exposure exposure and risk, and that not having however, cause ground-level O3 are such that many people limit their such information to assess exposure and concentrations to be lower in many such own as well as their children’s exposure risk of UV–B radiation-related effects areas, particularly in the western United through such measures, regardless of the would not introduce any additional States. For example, O3 concentrations status of the protective stratospheric O3 uncertainty beyond what is in the heavily populated Los Angeles layer or variable amounts of ground- incorporated in the assessments of area tend to be lowest at the coast and level O3 pollution. While some sun respiratory effects. The EPA believes increase inland; in this case, smog- exposure is generally beneficial to that these commenters are not taking related O3 would be providing the least health, limiting excessive sun exposure into account the extent to which EPA’s shielding where the potential for would remain important for a person’s respiratory-related exposure and risk exposure to UV–B radiation is the health even if the stratospheric O3 layer analyses did incorporate effects of highest. The extensive data base on were fully restored to its natural state.55 variable respiratory-related behaviors of human activity patterns, which was Since sun-seeking or sun-avoidance people as they move through space and used in the assessment of respiratory behaviors can tend to maximize or time, and through different effects, does not generally include minimize exposure to UV–B radiation, microenvironments, in that such parameters that relate to people’s not factoring such behavioral data into behaviors are part of the human activity movement through the types of outdoor an area-specific exposure assessment pattern data base used in those microenvironments that are relevant to would hinder reliable estimation of the assessments. The human activity pattern the assessment of UV–B radiation increased exposure associated with data base incorporates respiratory- exposure. reducing ground-level O3. Changes in related parameters derived from human One comment referenced specific EPA behavior in the past, specifically activity studies in which subjects report data bases that now contain activity increases in sun-seeking behaviors, are the types of activity they engage in as a pattern data for limited types of outdoor believed to be the primary reason for the function of location and time recreation locations, such as tennis increases in skin cancer incidence and throughout the day, which are then courts and golf courses, suggesting that mortality observed in the U.S. by the linked to variable breathing rates that data are now available to better address 1980’s (U.S. EPA, 1987). Conversely, affect the likelihood that specific O3 human activity patterns in future rates of skin cancer could be exposures are likely to result in adverse microenvironments relevant to assessing reduced to the extent that people choose respiratory effects.56 In contrast, the UV–B radiation-related exposures and to change their behavior by increasing available human activity pattern data risk. While EPA recognizes that data sun-avoidance behaviors. base does not include parameters bases have recently expanded to include Public awareness of the risks related to dermal exposures to UV–B additional relevant human activity associated with overexposure to UV radiation, such as time spent in sunny, information, it also notes that the radiation seems to be having an effect partially shaded, and shaded locations, expanded data bases still fall far short on behavior. In 1987, EPA noted that nor does it include parameters related to of what would be needed to behaviors causing increased UV–B the likelihood that people in sensitive comprehensively project population radiation exposure were apparently groups exhibit sun-avoidance or sun- activity patterns over time and space— reaching an upper limit (U.S. EPA, seeking behaviors while in such in shaded, partially-shaded, and sunny 1987, ES–35). The effect of increased microenvironments. Thus, EPA environments. Additional data are still awareness of the health consequences of disagrees with comments asserting needed to conduct an exposure analysis UV–B radiation exposure on decreasing either that its respiratory-related that could account for the fraction of the number of harmful exposures is not exposure and risk analyses did not take UV–B radiation exposure that is likely to show up, in terms of reducing into account relevant variable behavior incurred, for example, during outdoor the incidence and mortality rates of skin patterns or that there is now sufficient recreational activities in various non- cancers, for many years. Nevertheless, information available on UV–B shaded or partially-shaded ignoring its effects would tend to bias radiation-related variable behaviors to microenvironments. The EPA continues exposure estimates in an area-specific take such factors into account in an to believe that sufficient data on assessment of the UV–B radiation- area-specific assessment of UV–B relevant activity patterns are still not related effects of smog reduction radiation-related exposure and risk currently available, and that reliable strategies. mediated by changes in ground-level O3. estimation of the change in UV–B A few commenters noted that variable In the proposed response to the radiation exposure associated with behaviors would also affect the remand, EPA specifically solicited reducing ground-level O3 would be assessments of respiratory-related comment on the factors related to area- significantly hindered by not taking specific assessments of UV–B radiation- such factors into account. 55 Because of the high baseline risk of effects related effects that are discussed above (iv) Effects of variable behaviors on under natural conditions, as well as the increased (66 FR 57284). Beyond the specific effective dose of UV–B radiation. risk posed by stratospheric O3 depletion, medical comments on each factor noted above, Another important factor to be authorities and governmental bodies have considered in assessing the potential developed campaigns to effect such changes in commenters did not generally challenge behavior. The EPA and the National Weather the appropriateness of these factors in UV–B radiation-related effects of a Service (NWS) developed the UV Index. The Index change in ground-level O is that human the development of such area-specific 3 provides a forecast of the expected risk of assessments, or the importance of behavior affects UV–B radiation overexposure to the sun and indicates the degree of exposures. When people choose to caution that should be taken when working, playing, or exercising outdoors. The EPA also 56 The EPA recognizes that these data bases may shield themselves from UV–B radiation developed the SunWise School Program to be used not contain the most current information on exposure with clothing and sunscreens, in conjunction with the UV Index. This program is respiratory-related avoidance behaviors that may and by timing their outdoor activities to designed to educate the public, especially children now be occurring in response to EPA’s new Air avoid peak sun conditions, they are and their care givers, about the health risks Quality Index health advisories or local community associated with overexposure to UV radiation and ozone action day programs. Any such updated affecting a parameter that is important encourage simple and sensible behaviors that can information appropriately will be included in in assessing UV–B radiation-related reduce the risk of sun-related health problems later analyses conducted as part of the periodic review effects. The generally well-known risks in life (U.S. EPA, 1995a, b). of the O3 NAAQS that is now underway.

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conducting area-specific assessments. analyses (Cupitt, 1994; U.S. DOE, 1995; expressed concerns about the numerous However, as noted above, a few Lutter and Wolz, 1997) have developed simplifying assumptions that called the commenters expressed the view that estimates that attempt to bound the numerical results into significant since EPA conducted area-specific potential indirect UV–B radiation question. Examples of data uncertainties quantitative assessments for the related effects associated with replacing noted by the reviewers include: (1) The inhalation exposure and respiratory the former 1-hour O3 NAAQS with an 8- accuracy of column O3 (in Dobson units) effects risk assessments discussed above hour O3 standard. All three analyses and UV measurements used; (2) the fact, (section II.A.2), it necessarily has essentially reflect a static comparison of recognized in Cupitt (1994), that the sufficient information about these same two separate O3 concentrations on a predicted UV–B radiation flux changes factors to conduct such exposure and national basis, and include, either are at the ‘‘noise’’ level and could not risk assessments of the potential UV–B explicitly or implicitly, numerous be reliably detected statistically or radiation-related consequences of a assumptions needed while excluding attributed to the change in ground-level more stringent O3 NAAQS. These the important area-specific issues and O3 concentration; (3) data on effects of commenters also expressed the view factors outlined above. aerosols are limited, yet ignoring such that to the extent that EPA has The most thoroughly documented effects in estimating the O3—UV–B incorporated these factors in calculations are those provided in radiation relationship was ‘‘erroneous;’’ quantitative area-specific assessments of Cupitt (1994), an EPA white paper and (4) data to permit dynamic respiratory effects, it should be possible developed as an initial scoping analysis assessment of the feedback between to use the same information on these of the issues, in preparation for increased UV radiation and increased factors to conduct similar assessments potential consideration in the O3 is limited to uncertain models, and of UV–B radiation-related effects. Regulatory Impact Analysis (RIA) that this potential feedback mechanism was While EPA clearly recognizes that the would accompany the O3 NAAQS ignored in the analysis (Childs, 1994). factors that are important in the regulatory package. This paper Reviewers also questioned a number inhalation exposure and respiratory discusses many of the important factors of the simplifying assumptions that effects risk assessments are analogous to and uncertainties outlined above, could have ‘‘substantial impact’’ on the the factors that would be important to summarizes key background resulting risk estimates. Among these conducting similar assessments of the information to provide perspective, and were: (1) The assumed mixing height of UV–B radiation-related effects, as includes a discussion and table 2 km, which reviewers considered too discussed above, EPA believes that summarizing the many simplifying high on average, especially for the these commenters are ignoring the assumptions that were needed to permit eastern United States—by overstating important differences between these sets the development of quantitative the thickness of the pollution-related of factors. Although substantial estimates. Cupitt’s analysis evaluates layer of the atmosphere that is the focus information has been gathered over time changes resulting from cumulative of the control strategies designed to regarding factors related to respiratory exposures under two scenarios, attain the NAAQS, this factor would effects, no such similar research has as including one that compares estimates bias the estimates upwards by as much yet been done that would provide of NMSC incidence associated with an as a factor of 2; (2) the assumption that comparable information related to assumed reduction of daytime summer the O3 mixing ratio is the same at the dermal exposure factors. For the reasons O3 of 10 ppb that would occur earth’s surface as it is at 2 km, when the discussed above, EPA rejects the notion uniformly throughout 30 eastern States vertical profile varies through the advanced by these commenters that and the District of Columbia and within diurnal cycle—because vertical mixing simply because there is sufficient an assumed atmospheric mixing layer increases through the day, this information to conduct area-specific that ranged up to 2 km in altitude. assumption would be most important in quantitative assessments for the Assuming no other relevant factors the earlier portion of daylight hours; (3) inhalation exposure and respiratory changed over the several decade the assumption that neither aerosols nor effects risk assessment, that such exposure period that would be required, O3 production cycles themselves exert information would be sufficient to the resulting increase in NMSC either positive or negative feedback on conduct exposure and risk assessments incidence for this extreme scenario was UV–B penetration—as noted in the of the UV–B radiation-related effects of estimated eventually to reach ‘‘between previous section, a dynamic a more stringent O3 NAAQS. 0.6% and 1%.’’ While these percentages consideration of these factors could Based on the discussion of factors are small—indeed too small to be change the direction of the result in above and consideration of the measurable (Cupitt, 1994)—if taken at particular areas; (4) the assumption that comments received, EPA continues to face value, they would not necessarily NMSC might result from episodic believe that more information is needed be judged as trivial because of the large exposures, when, in fact, NMSC results before credible area-specific quantitative baseline of NMSC. For reasons outlined from cumulative doses—this analyses of potential UV–B radiation- below, however, even these small assumption affects only separate and far related consequences of a more stringent percentage estimates appear to be smaller estimates Cupitt made for O3 NAAQS could be conducted. substantially overstated and cannot be episodic changes, essentially considered reliable. invalidating those results; (5) the 3. Evaluation of UV–B Radiation- The Cupitt paper was never formally assumption that all people would be Related Risk Estimates for Ground-level published, but it was subjected to susceptible to NMSC based on assumed O 3 Changes internal agency peer review and exposure factors; and (6) the assumption As should be clear from the commentary by experts at EPA’s Office that behavioral patterns, demographic discussion above, a full risk assessment of Research and Development (ORD) patterns, and meteorological factors and of UV–B radiation-related effects (Childs, 1994; Altshuller, 1994). While other factors related to actual exposures resulting from a moderate change in finding the exposition, including remain constant over time (Childs, 1994; ground-level O3 would be an extremely recognition of the difficulties in such an Altschuller, 1994). challenging enterprise that appears to be approach, to be ‘‘very acceptable,’’ the These reviewers capsulized their beyond current data and modeling reviewers noted substantial conclusions regarding the quantitative capabilities. Nevertheless, three uncertainties in basic data and results of this analysis as follows:

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In summary, (1) the numbers resulting from based on earlier RIA projections of long- percent of exposure occurs during the these calculations are quite small, and (2) the term O3 reductions that might occur as summer O3 season embeds an additional limitations of the accuracy and reliability of a result of efforts to meet the 0.08 ppm assumption about long-term personal the input to the calculations produces 8-hour O standard, the magnitude of numbers that cannot be defended, whether 3 behavior for which little empirical large or small. (Childs, 1994). the assumed average change appears to evidence exists. be overstated by more than a factor of In the proposed response, EPA As noted in the discussion above, this 3 (U.S. EPA, 1997). When considered solicited comment on the above is not simply a matter of uncertain and with the excessively high assumed discussion of the key assumptions used small risk estimates. On balance, several mixing layer, the overly large in the Cupitt analysis (66 FR 57285). of the problems noted above served to geographical area requiring reductions None of the commenters disagreed with inflate the overall estimates, and, (over 30 States), and the assumption any specific aspect of EPA’s evaluation depending upon local conditions and that the entire population would be at of these assumptions as outlined in the the implementation strategy assumed, the same risk as the more sensitive proposed response, nor did any could even call the direction of the subpopulations, it is EPA’s judgment, commenter disagree with EPA’s results into question for some locations. based on the record, that these readily judgement that the assumptions Further, a significant bias, not identified biases could well be on the described above could introduce biases highlighted in the cited reviews, is how order of a factor of 10. on the order of a factor of 10 to Cupitt’s well the assumed 10 ppb change in More subtle are the uncertainties and estimates of changes in UV–B radiation- daytime O levels averaged over an 3 potential bias inherent in an essentially related effects resulting from changes in entire summer season (and over half the static comparison of two different O3 ground-level O projected to occur upon U.S.) reflects what might occur in 3 values that are assumed to be uniform attainment of a more stringent O response to the revised O NAAQS.57 In 3 3 over a very large area. Dynamic, real- NAAQS. fact, this assumed change, as well as the world implementation strategies would In summary, EPA continues to believe assumptions regarding its spatial and involve a number of alternative local that the Cupitt (1994) white paper was vertical extent, are significantly larger and regional scale approaches that vary useful for its intended purpose as a than could reasonably be expected significantly in time and space, with a scoping analysis to identify the based on the revisions to the O 3 variety of possible outcomes with potential issues arising in any attempt to standard promulgated in 1997. respect to the middle and lower To provide a fair comparison, it is assess the potential shielding provided portions of the O3 distribution that are necessary to convert the 1-hour standard by changes in ground-level O3. It most relevant to estimating long-term established that any effects of even into its nearest 8-hour equivalent. As summer averages over a period of fairly large, long-term O3 reductions in documented in the Staff Paper (U.S. decades into the future. An example of ground-level O3 would be quite small, EPA, 1996b), the nearest equivalent 8- such local strategy-dependent outcomes hour standard would have a level of but as evidenced in the comments of the would be control of NOX emissions peer review and the discussion above, about 0.09 ppm. Superficially, this across a metropolitan area, which could might appear to support a 10 ppb available data and modeling tools fall reduce O3 concentrations at downwind far short of permitting reliable difference compared to the 0.08 ppm 8- peak monitors, but also result in hour standard set in 1997. The quantitative risk estimates for localized increases in lower consideration in standard setting or appropriateness of this comparison concentrations in the center city area fades, however, when one considers that benefits assessments. (National Academy of Sciences, 1991, The analysis of this issue by U.S. these standards are stated in reference to Figure 11–2). As noted in section II.B.2 extreme high values in the distribution Department of Energy (DOE) staff (1995) above and in Altshuller (1994), the is summarized in a statement submitted (e.g., the average of the 4th-highest daily interrelated indirect results from maximum concentrations). Cupitt’s as a part of public comments at a reduced O3 and UV–B radiation could analysis assumed that a ‘‘mixing layer’’ CASAC meeting. The exposition is far trigger feedbacks through increased O3, less complete than that of Cupitt, and it up to 2 km deep over a very large aerosol, or cloud cover that could geographical region would experience a is quite difficult to reconcile the range partially or fully offset the initial O3 of estimates for possible increased change of 10 ppb in daylight average O3 effects on UV–B radiation. Available for an entire O3 season. This scenario occurrences of NMSC, the lower bound data and assessment tools do not permit of which are less than Cupitt, while the would require a challenging regional a reasonable quantitative assessment of upper bound estimates are more than strategy that would, on average, reduce these second- and third-order indirect double his. The analysis apparently each day for the over 150 day O3 season effects (Altshuller, 1994; Childs, 1994). by 10 ppb. Yet, the 0.08 ppm 8-hour O3 Other potential problems associated starts with the same assumptions standard would require that only the with ignoring area-specific regarding a constant change in summertime O3 of 10 ppb through a 2 fourth-highest day of the O3 season be considerations in an O3/UV–B risk reduced by about 10 ppb, as compared analysis summarized in the previous km mixing layer, but important to the previous standard. Based on section include: (1) The assessment of information about the other available O3 trends information, local physical factors (e.g., buildings) assumptions is lacking. In any event, the strategies that reduce peak O3 days that reduce UV–B radiation exposure in paper does not appear to improve upon would have far less effect on the far outdoor microenvironments, (2) the methodology in the Cupitt 58 more numerous days toward the middle meteorological conditions (e.g., sea analysis. Given that the DOE and lower-parts of the O3 season breeze) or local emissions patterns that 58 distribution (e.g., U.S. EPA, 1996a, reduce pollution in high UV–B radiation In addition to estimates for NMSC, the DOE Figures 4–2, 4–3). In fact, as reported in statements also provided estimates for melanoma exposure microenvironments, (3) skin cancers and cataracts. As discussed above, the the Response to Comments document, behavioral adjustments to information quantitative relationship between cumulative UV– concerning UV–B radiation risk over B exposure and the latter effects are not as well 57 Cupitt provides no rationale for the selection time, and (4) local differences in the established as for NMSC. Given the lack of for this value where it first appears in a Table, documentation and the additional uncertainties which is characterized as addressing ‘‘questions proportion of sensitive populations. over those for NMSC, neither the DOE estimates of from OMB.’’ Even Cupitt’s assumption that 90 Continued

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statement must share the limitations as an upper bound on estimated UV–B EPA’s proposed response was outlined above for Cupitt and the fact radiation-related impacts. In sharp incomplete because it did not consider that the analytical approach is neither contrast, other commenters expressed another draft analysis by Madronich, well documented nor peer reviewed, no the view that these analyses were of referred to as a 1997 ‘‘EPA staff reliance is placed on the quantitative questionable reliability and did not assessment’’ of UV–B radiation-related results presented in the DOE achieve minimum standards of health benefits, that had been submitted submission. scientific adequacy appropriate for by EPA to the Office of Management and The work of economic analysts Lutter information to be used as a basis for Budget (OMB) in conjunction with and Wolz (1997) provides a self- NAAQS decisions. OMB’s review of the draft RIA for the O3 described ‘‘preliminary analysis’’ of In taking all these comments into NAAQS. These comments expressed the UV–B radiation screening by account, EPA rejects the notion that it view that this draft analysis represented tropospheric O3. Here, the exposition has ignored or completely discounted a substantial improvement over the permits a more direct comparison with these analyses. On the contrary, EPA earlier analyses of Cupitt (1994), DOE that of Cupitt, and it appears that many has thoroughly reviewed these analyses (1995), and Lutter and Wolz (1997) in its of the same simplifying assumptions by examining the methodologies used, approach to estimating potential were used—either explicitly or the nature and validity of the increases in NMSC associated with implicitly. This paper relied upon underlying assumptions, and the State-specific average changes in O3 Cupitt’s assumption that the NAAQS resultant uncertainties inherent in the concentrations between baseline levels revision might bring about a UV–B radiation-related impacts (i.e., ground-level O3 concentrations summertime average of 10 ppb estimated by these analyses. In so doing, current at the time of the analysis) and EPA has concluded that (1) the reduction in O3 in areas not attaining full attainment of the 1996 proposed O methodologies used in these analyses 3 the standard. As discussed above, based NAAQS. These commenters assert that inherently ignore area-specific factors on the record, EPA believes this EPA should now consider the results of that are important in estimating the substantially overstates the likely effect this draft analysis, or the results of a extent to which small, variable changes of the NAAQS revision. Their new analysis that incorporates further in ground-level O mediate long-term assumption of a constant mixing ratio 3 refinements and extensions to the exposures to UV–B radiation (in for the 10 ppb change that would extend methodology and scope of the contrast to the appropriate application well above the planetary boundary Madronich analysis, in its response. layer, up to 10 km, also introduces of such methodologies that EPA and upward bias into their upper-bound risk others have done in estimating the In considering this comment, EPA estimates. The resultant apparent dose impact of relatively large changes in the first notes that the Madronich analysis appears to be a factor of 4 larger than the stratospheric O3 reservoir attributable to submitted with the comments has not upper bound used by Cupitt and DOE emissions of O3-depleting substances); been appropriately characterized in the staff. The other quantitative inputs to (2) the studies likely substantially comments. The Madronich analysis is the analysis differed to a more modest overestimate UV–B radiation-related not an ‘‘EPA staff assessment,’’ but degree from those used by Cupitt. In the impacts as a result of the biases rather it is a draft analysis prepared by end, the upper bound estimate of introduced by the use of specific a consultant at the request of EPA, to possible increased occurrences of NMSC underlying assumptions, as discussed help inform EPA’s preparation of the is more than double that of Cupitt, due above; and (3) as a consequence of the RIA. This draft analysis was not largely to the unwarranted assumption first two conclusions, the analyses are completed, published, or peer reviewed. of a 10 km mixing height. not scientifically adequate to be relied Moreover, it was judged not to provide Again, because the quantitative upon as a basis for making NAAQS an adequate basis for quantifying assessment shares most of the decisions, and they do not provide potential UV–B radiation-related limitations cited above for Cupitt, and credible quantitative estimates of UV–B impacts as part of EPA’s final RIA, a actually adds substantial bias in a key radiation-related impacts that can document that historically includes assumption, EPA has appropriately appropriately be compared to the quantitative estimates of a more placed no reliance on the quantitative quantitative estimates of direct adverse speculative nature than those thought to risk estimates for NMSC from Lutter and respiratory-related impacts that EPA be adequate to consider as a basis for Wolz (1997) or to the secondary used in part as a basis for its initial setting a NAAQS. In fact, the final RIA estimates derived in the DOE analyses. NAAQS decision. The EPA believes that for the 1997 O3 NAAQS, which was In the proposed response to the its examination of these analyses and reviewed by other Federal agencies and remand, EPA solicited comment on its their underlying assumptions, together approved for release by OMB, evaluation of the three analyses with its examination of the basic science concluded that the available scientific discussed above (66 FR 57286). No dealing with the atmospheric and technical information, which commenter offered specific challenges distribution of O3 and UV–B radiation included the Madronich draft analysis, to any technical aspect of EPA’s (section I.C above) and information on would not permit reliable quantitative evaluations of the quantitative analyses the health effects associated with UV–B estimates of any potential impact of the by Cupitt (1994), DOE (1995), and Lutter radiation and the relationship between more stringent O3 NAAQS on UV–B and Wolz (1997), as discussed above. ground-level O3 and UV–B radiation radiation-related effects.59 In summary, Some commenters, however, expressed exposure (sections II.B.1 and 2 above), the Madronich draft analysis does not the general view, presumably despite does support the conclusion that UV–B represent the type of peer-reviewed the limitations of these analyses, that radiation impacts mediated by changes EPA was not justified in ignoring or in ground-level O3 associated with 59 The EPA also notes that this draft analysis was discounting such evidence of positive attaining a more stringent O3 NAAQS appropriately not part of the rulemaking record effects, or that such analyses could serve are likely very small from a public upon which EPA is basing its response. The fact health perspective. that OMB staff placed this draft analysis in OMB’s docket, which includes information related to such effects nor the uncritical reliance on them by Beyond the comments submitted on OMB’s review of the RIA, in no way implies that Lutter and Wolz (1997) should be given quantitative the three analyses discussed above, a the draft analysis was or should have been part of credence. few commenters also contended that EPA’s rulemaking record.

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information that is appropriately relied recognizes and has fully explained populations (discussed above in section upon as a basis for NAAQS rulemaking. (above in section II.B.2) the important II.B.1).62 Although, for the reasons discussed differences in the factors that are central Third, as noted above, the Madronich above, EPA has not relied on the to analyses of UV–B radiation-related draft analysis assumes that attainment Madronich draft analysis in reaching impacts that are mediated by changes in of a more stringent O3 standard will this final response, the Agency stratospheric O3 versus ground-level decrease O3 concentrations and increase nevertheless has conducted a O3—differences that this analysis, and UV–B radiation flux equally throughout provisional examination of this draft the commenters, simply ignore. the State, without taking into account analysis to assess whether the results of the highly variable and localized Apart from these area-specific the analysis call into question or are patterns of changes in ground-level O3 methodological issues, EPA has also consistent with the conclusions reached likely to result from attainment of the O3 in the proposed response. In this draft provisionally looked at the quantitative NAAQS, nor does it take into account analysis, Madronich estimates the estimates of State-by-State annual the variable exposure patterns of people increases in NMSC that would result incidences of NMSC that result from the as they move through various from changes in ground-level O3 from Madronich draft analysis, yielding a microenvironments and exhibit varying 1997 baseline values to full attainment nationwide aggregate estimate of an degrees of sun-seeking and sun- of the 1996 proposed O3 NAAQS (i.e., a additional 696 NMSC cases annually, avoidance behaviors. However, standard set at 0.08 ppm O3 with a form with over half of this estimate coming attainment of a more stringent O3 61 based on the 3-year average of the from the State of California alone. standard will not reduce O3 annual third-highest daily maximum 8- Using the California estimate as an concentrations equally everywhere, and hour average concentrations). As an example, EPA has considered the may not reduce O3 concentrations at all initial matter, and as recognized by potential impact of various assumptions in locations where people receive their some commenters, this draft analysis is used in the analysis on the estimated highest exposure to UV–B radiation. As based on an inappropriate comparison— incidences. First, as discussed above, noted above in section II.B.2.b, in the then-current air quality versus the use of a current baseline comparison heavily populated Los Angeles area, attainment of the proposed NAAQS. would likely substantially overestimate ground-level O3 is at its lowest levels The relevant comparison is between full incidences in California in particular, in thus providing the least shielding along attainment of the 1979 1-hour 0.12 ppm light of the significant extent to which the coast, where the potential for O3 standard and full attainment of the many areas in California continue to exposure to UV–B radiation is the 1997 final 8-hour O3 NAAQS (with a exceed the 1979 1-hour standard. That highest, and it is unlikely that programs somewhat less stringent form based on is, it is likely that decreases in ground- designed to bring Los Angeles into the fourth-highest daily maximum 8- level O3 from baseline levels to levels attainment with a more stringent hour average concentrations). Thus, the that would attain the 1979 1-hour standard will result in any significant analysis by its design substantially standard would be greater, perhaps reductions in coastal O3 levels. In this overestimates the relevant projected much greater, than the additional regard, some commenters also note that decreases in O3 levels likely to result decreases needed to reach attainment of the analysis may also underestimate from revising the 1979 O3 standard the 1997 8-hour standard. This bias incidences since the analysis assumes (since baseline levels in some areas are would also likely affect estimates from that the entire population of a State will substantially above levels that would other States that contribute a high experience changes in O3 attain the 1979 1-hour standard), and proportion of the national incidence concentrations, and presumably thus, substantially overestimates estimate and that have areas that exceed resultant changes in UV–B radiation- projected UV–B radiation-related the 1-hour standard by a significant related impacts, that reflect a statewide impacts. margin, including, for example, New average, thus potentially Looking beyond this initial matter, Jersey, Georgia, and Texas, which underestimating changes to the large EPA notes that this analysis is based on together account for approximately 20 segments of the population that live in estimated statewide average changes in percent of the national estimate. urban areas that would likely O3 concentrations. Thus, like the three experience larger than average changes Second, as in the Cupitt analysis, the other analyses discussed above, this in ground-level O concentrations. Madronich analysis assumes that the 3 draft analysis incorporates none of the However, given the variable and entire population would be equally area-specific factors, discussed in localized patterns of changes in ground- susceptible to NMSC based on assumed section II.B.2.b above, that EPA level O that have been monitored in exposure factors. This assumption 3 considers to be important in developing urban areas, including in some cases would also lead to substantial credible estimates of UV–B radiation- significantly lower concentrations in overestimation of effects, however, related impacts mediated by the inner cities and higher concentrations in based on demographic data from the localized and highly variable changes in downwind suburban areas, it is not 2001 Statistical Abstract of the United ground-level O3 likely to result from clear the extent to which ignoring such States and information on sensitive attainment of a more stringent O3 area-specific factors would bias NAAQS. The EPA does not dispute that resulting estimates for any given urban the draft analysis uses assumptions and model that has been previously used in a number area either low or high. These models that may well be appropriate for of O3 scientific studies and WMO/UNEP international assessments of stratospheric O3 considerations serve to demonstrate the developing credible estimates of UV–B depletion, and NMSC incidences using information radiation-related impacts mediated by from epidemiologic studies and from studies of 62 According to the 2000 Census (U.S. Census large-scale regional and relatively action spectrum for induction of skin cancer in Bureau, 2001), approximately 47 percent of the uniform changes in stratospheric O3 mice. The draft analysis assumes national incidence population of California is designated as ‘‘white rates of 500,000 BCC cases per year and 100,000 alone.’’ While not all ‘‘white’’ people are likely to result from emissions of O3- SCC cases per year for the baseline scenario. 60 susceptible to skin cancer, this proportion is depleting substances. But, EPA also 61 Only point estimates are presented in the probably a better estimate of the fairer members of analysis; no quantitative estimates or even all races and ethnic groups in California that would 60 The EPA notes that the draft analysis estimates qualitative discussion of the uncertainties in these be more susceptible to NMSC than the entire changes in radiation levels using a radiative transfer estimates are presented. population.

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importance of conducting area-specific UV–B radiation-related effects, the breathing O3 in the ambient air (section assessments, as EPA did in evaluating Madronich draft analysis provides no II.A above). The same key factors the adverse respiratory-related impacts basis for the development of credible considered by EPA in its 1997 review of likely to result from attaining a more quantitative estimates of such effects. the O3 standard, and in the proposed stringent O3 standard. Having chosen not to rely upon simple response, are again considered here in Finally, one comment also notes that ratios to develop quantitative estimates characterizing the information on the Madronich draft analysis considers of the ‘‘pyramid of effects’’ related to the potential beneficial effects in the record NMSC, but not other UV–B radiation- estimated number of hospital of the 1997 review and in comments related effects, and that EPA should admissions of asthmatics that EPA did received on the proposed response, and extend this quantitative analysis to quantify in its risk assessment,65 EPA in comparatively weighing this estimate incidences of such other declines to use any lower information information relative to the direct effects. The EPA believes that standard, as suggested by a few adverse effects. Beyond quantitative quantitative risk estimates to be used as commenters, in its evaluation of assessments of exposure and risk that a basis for NAAQS decision making potential beneficial effects. were central to EPA’s 1997 review, these should not be made based on back-of- In summary, EPA has conducted a factors include the nature and severity the-envelope type approaches, as provisional examination of the of the effects, the types of available offered in the comment. Consistent with Madronich draft analysis, considering evidence, the size and nature of the this view, EPA refrained from the underlying assumptions and sensitive populations at risk, and the developing quantitative risk estimates methodology as well as the quantitative kind and degree of uncertainties in the for a range of adverse respiratory-related results and likely uncertainties and evidence and assessments. Because of effects when it judged that information biases in the results. Based on this the complexity and multidimensional needed to make credible quantitative provisional examination, EPA does not nature of such a comparison, and estimates was not available.63 To do believe that this analysis calls into because many of the effects, both otherwise with regard to potential question, but rather is generally adverse and beneficial, could not be beneficial effects would be to apply a consistent with the conclusions reached characterized in terms of quantitative lower information standard than was in its proposed response: That risk estimates, EPA has made no attempt used to assess adverse effects, which information is not available at this time to characterize all the relevant effects or EPA declines to do, consistent with the that will allow for credible quantitative associated risks to public health with a direction from the Court in its remand estimates of potential UV–B radiation- common metric.66 to apply the ‘‘same approach,’’ related impacts of attaining a more The available record information on including the same (neither higher nor stringent O3 standard, and that the potential indirect beneficial health associated changes in UV–B radiation lower) ‘‘information threshold’’ to either effects associated with ground-level O3 type of information. exposures of concern, using plausible includes information from studies of Although the biases and uncertainties but highly uncertain assumptions would health effects caused by exposure to outlined above can not be reliably likely be very small from a public health UV–B radiation and studies that focus quantified, EPA believes that it is perspective. on the consequences of unnaturally high reasonable to presume that any increase C. Consideration of Net Adverse Health exposures to UV–B radiation due to in nationwide annual incidences of Effects of Ground-level O3 depletion of the stratospheric O3 layer, NMSC associated with attaining a more In considering the net adverse health as well as analyses that attempt to focus stringent O3 standard would likely be specifically on the consequences of effects of ground-level O3, EPA has substantially smaller than estimated by focused on characterizing and weighing assumed changes in tropospheric O3 the draft Madronich analysis. Assuming the comparative importance of the levels. The nature and severity of the that it’s even as much as one-third of potential indirect beneficial health effects of UV–B radiation exposure on that estimated by Madronich, the EPA effects associated with the attenuation the skin, eye, and immune system are judges that a nationwide NMSC discussed above (section II.B.1), as is the of UV–B radiation by ground-level O3 incidence rate of this approximate (section II.B above) and the direct nature of sensitive populations at risk magnitude would be very small from a adverse health effects associated with for these effects. These effects, public health perspective, representing especially on the skin and eye, are an increase of roughly 0.03 percent in New York City alone, representing an increase of generally understood to be associated the national baseline incidence rate about 0.3 percent in total hospital admissions of with long-term cumulative exposure to assumed by Madronich.64 As to other asthmatics, was ‘‘relatively small from a public UV–B radiation and to have long latency health perspective’’ (62 FR 38868). An increase in NMSC incidence of roughly 0.03 percent is an order periods from cumulative exposures, 63 In the 1997 final rule (62 FR 38868), EPA of magnitude lower than the estimated rate of O3- especially those early in life. People specifically noted that for many O3 inhalation- related hospital admissions of asthmatics, and such with light skin pigmentation make up related risks to public health, information was too hospital admissions would generally represent a the primary at-risk population for effects limited to develop quantitative estimates of risk, more serious health effect than an incidence of including: increased nonspecific bronchial NMSC, which can generally be treated in a doctor’s on the skin, especially for NMSC, while responsiveness (related, for example, to aggravation office or outpatient facility. The EPA also notes that at-risk populations for other effects are of asthma), decreased pulmonary defense based on baseline incidence rates reported on the not as well understood. For NMSC, mechanisms (suggestive of increased susceptibility Skin Cancer Foundation Web site, to respiratory infection), and indicators of www.skincancer.org, submitted by a commenter, uncertainties in the evidence generally pulmonary inflammation (related to potential this increase in NMSC incidence would be roughly aggravation of chronic bronchitis or long-term only 0.02 percent. 66 A commenter asserted that the Court’s direction damage to the lungs). 65 In its 1997 final rule (62 FR 38868), EPA noted to consider O3’s net adverse health effect in essence 64 This judgment is consistent with the judgment that O3-related hospital admissions of asthmatics presumes the existence and use of a common made by EPA with regard to its estimate of the are indicative of a pyramid of much larger numbers metric. The EPA notes that while the Court incidence rate of O3-related hospital admissions of of related O3-induced effects, including respiratory- identified the use of a common metric as one asthmatics in New York City, which was one of related hospital admissions among the general approach that EPA could use, in no way did the many adverse public health effects considered as population, emergency and outpatient department Court require EPA to use such an approach, nor part of the basis for its 1997 O3 NAAQS decision. visits, doctors visits, and asthma attacks and related does EPA believe that such an approach would In its 1997 final rule, EPA judged that an annual increased use of medication that are important provide a more meaningful basis on which to increase of approximately 40 hospital admissions in public health considerations. evaluate O3’s net effects.

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relate to uncertainties in the relevant information on spatial and temporal (Docket No. A–95–58, VI–C–8, pg. 28) action spectra and BAFs, as well as in patterns of changes in ground-level O3 As discussed below, EPA strongly factors related to characterizing the (across the entire year and extending rejects both aspects of this comment. severity of the different types of NMSC. vertically up through the tropospheric Other commenters expressed the Based on the record information, for the mixing layer) likely to result from opposite view, finding EPA’s approach other effects, the role of UV–B radiation various future emission control to be evenhanded in its evaluation of is less well understood (e.g., as to strategies, relevant meteorological the scientific evidence for potential relevant action spectra, BAFs, the nature conditions and atmospheric chemistry beneficial and adverse effects, with one of exposures of concern), although leading to a cascade of broader indirect commenter noting that EPA ‘‘has never cumulative exposure to UV–B radiation effects, and human demographic and concluded that any allegation or is thought to play a causal role. These activity patterns (e.g., the degree of ‘‘evidence’’ [of adverse effects], characterizations are derived from the shading within outdoor regardless of its preliminary or large body of epidemiologic and microenvironments, and the prevalence speculative nature or degree of toxicologic evidence that served as the of sun-seeking and sun-avoidance uncertainty, must be factored into basis for the reference document by EPA behaviors among sensitive groups) NAAQS decisionmaking.’’ (Docket No. (1987). likely to affect UV–B radiation-related A–95–58, VI–C–6, pg. 2) The record includes a quantitative exposures of concern. For the reasons First, EPA believes that there is ample assessment conducted by EPA (1987, discussed above, these limitations are evidence in the record of the 1997 App. E) of the health risks associated judged to be of central importance in review of the O NAAQS to invalidate with changes in exposure to UV–B 3 any such analysis. Thus, in light of such the notion that the Agency uncritically radiation attributable to changes in the limitations, and after careful accepts scientific evidence of adverse stratospheric O layer. This assessment 3 consideration of the comments received, respiratory effects of ground-level models the relationship between wide- EPA continues to agree with internal ozone. For example, in considering scale changes in global/regional levels and external reviewers, and some evidence of adverse respiratory-related of stratospheric O resulting from 3, commenters, in concluding that the effects such as increases in bronchial emissions of O depleting substances 3 available scientific and technical responsiveness, decrements in alveolar with long-atmospheric lifetimes, and information would not permit credible macrophage function, and O -induced changes in UV–B radiation flux as a quantitative estimates of these potential 3 markers of inflammation and cell function of latitude for three broad beneficial effects.68 Thus, EPA damage (as discussed in the 1996 regions across the United States.67 As concludes that available analyses based proposed rule, 61 FR 65720–21), EPA discussed above (section II.B.2), because on such limited information cannot judged that there was not sufficient changes in the stratospheric O layer are serve as credible estimates of potential 3 information on dose-response relatively uniform across broad regions, beneficial effects associated with the relationships to develop quantitative varying across the U.S. primarily with presence of ground-level O due to man- 3 risk estimates for these acute effects, latitude, information on localized made emissions of O -forming 3 even in light of the availability of peer- spatial and temporal patterns of substances. reviewed human exposure studies exposure-related variables (e.g., changes Beyond the specific technical demonstrating indicators of these effects in ground-level O , meteorological comments discussed above in section 3 in humans at quantified exposure levels conditions, human activity patterns) are II.B, several commenters expressed the over quantified time periods (1997 final not relevant in producing credible general view that EPA had rule, 62 FR 38868). Similarly, EPA estimates of risk associated with inappropriately applied a ‘‘double limited the scope of its quantitative risk changes in stratospheric O . This is in standard’’ in its evaluation of the 3 assessment of acute respiratory-related sharp contrast to the nature of the scientific evidence because it failed to hospital admissions of asthmatics to just information necessary to produce evaluate the protective shielding effects one city (New York City), despite the credible estimates of risk associated of ground-level O3 using the same availability of peer-reviewed studies with changes in exposures to UV–B criteria by which it evaluated the showing increased admissions in other radiation projected to result from adverse respiratory effects. This cities, because it judged that there was changes in ground-level O that would viewpoint was specifically expressed by 3 not adequate city-specific be associated with attainment of one commenter in stating that ‘‘EPA has concentration-response information alternative 8-hour standards for O . accepted, often without reservation, 3 from epidemiological studies in other An evaluation of the available scientific evidence purporting to cities, that applying the New York City analyses that have produced estimates establish the adverse effects of ground- concentration-response information to of UV–B radiation-related health risks level ozone on respiratory effects. At the other cities would introduce too much associated with changes in ground-level same time it has often discounted uncertainty into any such quantitative O and the comments received on them, proffered scientific evidence of the 3 estimates, or that adequate ambient O in section II.B.3 above, identifies major potential benefits of ground-level ozone 3 monitoring data were not available for limitations in available information that in screening harmful UV–B radiation.’’ other study areas to produce credible resulted in the need for the analyses to estimates of this risk for those cities incorporate broad and unsupportable 68 This conclusion was also reached by the Health (EPA, 1996b, pp. 111–112). Further, assumptions. These limitations are and Ecological Effects Subcommittee of the Advisory Council on Clean Air Compliance EPA did not rely on quantitative particularly important with regard to Analysis, a part of EPA’s Science Advisory Board, estimates of other adverse effects that in conjunction with their review of ‘‘The Benefits 67 Since the EPA’s 1987 risk assessment on and Costs of the Clean Air Act 1990 to 2010’’ (EPA, have been related to hospital admissions stratospheric ozone depletion, numerous changes 1999b), noting that the relevant information ‘‘was of asthmatics in published documents have been made to the model to reflect the very weak and more information is required’’ (EPA, submitted by commenters on the 1996 commitments made since 1987 by the United 1999a). As one commenter noted, this SAB Council proposed rule (e.g., the ‘‘pyramid of States, under amendments to the Montreal Protocol, has more recently recommended that in EPA’s next for reductions in production of various ozone periodic prospective analysis of the Act, the effects’’ including hospital admissions depleting chemicals and to incorporate more Agency’s analysis address this issue (Advisory among the general population, visits to accurately the latest scientific information. Council for Clean Air Compliance Analysis, 2001). emergency departments and doctors’

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offices, and increased asthma attacks factors, and that had not been peer- judged that such information was too and use of medication), due to the reviewed, it would then be uncertain and not well enough substantial uncertainties inherent in inappropriately applying a double understood at the time to serve as the such ratio-of-effects-based approaches to standard in comparing any such UV–B basis for establishing a more restrictive quantifying risk. Finally, with regard to radiation-related risk estimates to the 8-hour standard in terms of either level chronic effects, EPA declined to rely on adverse respiratory-related risks (62 FR 38868) or form (62 FR 38871). In available evidence, or develop estimated in peer-reviewed analyses so doing, EPA understood that further quantitative estimates, of the risk of that were appropriately designed and research into potential chronic adverse chronic O3 respiratory-related morbidity limited by the availability of credible effects in humans would be continued, or mortality effects in its 1997 final rule, information and assessment methods. and the results considered in the next judging that the evidence was too In setting aside the available review (62 FR 38871). limited or uncertain, despite arguments quantitative risk analyses, EPA notes In weighing the available information by commenters on the 1996 proposed that our above evaluation of a number on potential indirect beneficial effects of rule that such available, peer-reviewed of critical factors in the analyses ground-level O3, the EPA considers this evidence should be used as a basis for provides reasons for believing that the information in the same light as the setting a lower 8-hour O3 standard than public health impacts of any potential information on potential direct chronic the 0.08 ppm standard set by EPA in beneficial effects associated with adverse effects associated with long- that rulemaking. ground-level O3 are likely very small, term inhalation exposures to ground- Second, far from discounting albeit unquantifiable at this time level O3. In both instances, the potential proffered scientific evidence of the (sections II.B.2–3). In giving qualitative health effects are serious and likely to potential ground-level ozone in consideration to the available evidence develop over many years, with screening harmful UV–B radiation, EPA on potential indirect beneficial effects of important periods of exposure likely has fully considered all the record ground-level O3, EPA believes it is occurring in childhood. Different evidence on the beneficial shielding appropriate to weigh this information in population groups are likely affected, effects of ground-level O3, as well as the context of the body of evidence on however, by these potential adverse and information received in public adverse effects caused by direct beneficial effects. Urban populations comments, as discussed in section II.B inhalation exposures to ground-level O3 and people with impaired respiratory above. Moreover, EPA has taken the that formed the basis for the 1997 O3 systems (e.g., people with asthma), who additional step of provisionally primary standard. are disproportionately from certain considering the unpublished, As an initial matter, as discussed in minority groups, are most at-risk for the Madronich draft analysis (section the 1997 final rule, the Administrator direct inhalation-related effects, II.B.3), as submitted by commenters and focused primarily on quantitative whereas fair-skinned populations are characterized by them as an comparisons of risk, exposure, and air most generally, but not exclusively, at- improvement over other analyses in the quality in selecting both the level (62 FR risk for the indirect beneficial effects record. Having provisionally considered 38867–8) and form (62 FR 38869–72) of related to exposure to UV–B radiation. this analysis, for the reasons discussed the 1997 O3 primary standard. More Although different types of above in section II.B, EPA has found specifically, she looked at comparisons uncertainties are inherent in the record that this analysis does not call into of both those risks to public health that information on these effects, in both question the Agency’s conclusions with can be explicitly quantified in terms of cases, the uncertainties related to regard to the lack of credibility of such estimated incidences and the size of the ground-level O3 are so great as to available analyses or the likelihood that at-risk population (e.g., children) likely preclude the development of credible any such beneficial UV–B radiation- to experience adverse effects, as well as estimates of the size of the affected related effects are likely very small from those for which quantitative risk population or the probability of the a public health perspective. The fact information is more limited, but for occurrence of such effects.69 In the case that EPA does not agree with which quantitative estimates of the of indirect effects related to ground- commenters’ opinions on these issues number of children likely to experience level O3, EPA believes that the use of does not in any way demonstrate that exposures of concern could be plausible but unsubstantiated developed (as discussed in section EPA has simply discounted their assumptions would likely lead to the II.A.2 above). In considering these proffered evidence of the potential conclusion that the potential impacts on comparisons, she recognized that beneficial screening effects of ground- public health are likely very small; no although there were inherent level O3. such conclusions have yet been drawn Therefore, EPA rejects the view of uncertainties in these estimates, the with regard to the public health impacts some commenters that it applied a underlying assessments took into of potential direct chronic adverse double standard in reaching its account extensive data bases on the effects related to inhalation exposures. conclusions about potential UV–B spatial and temporal patterns of air After considering these factors and the radiation-related effects that may result quality and directly relevant human public comments received, EPA now from a more stringent O3 NAAQS. In activity patterns likely to result in fact, EPA believes that were it to rely inhalation exposures of concern. 69 Two commenters expressed the view that upon the available evidence of UV–B Further, the Administrator recognized EPA’s analogy of UV–B radiation-related protective radiation-related effects to conclude that the assessment methods were effects to chronic respiratory-related adverse effects otherwise, as urged by these appropriate and state-of-the-art, and that is flawed because the nature of the uncertainties commenters, that it then would be the results should play a central role in associated with these two types of effects are different. As discussed more fully in its response applying the very type of double her decision. to comments (EPA, 2002), EPA explicitly recognizes standard that these commenters argue Beyond the quantitative information here that there are different types of uncertainties against. If EPA were to have relied upon on direct adverse effects, with regard to inherent in the evidence of these effects, but quantitative risk estimates from draft or the qualitative evidence suggestive of disagrees with the commenter’s characterization of these differences and with the view that any such preliminary analyses that did not utilize potential serious, chronic adverse differences in the nature of the uncertainties appropriate methods or information to effects on public health associated with invalidate the weighing of these types of effects as take into account relevant area-specific long-term inhalation exposures, EPA EPA has done in reaching its conclusions.

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concludes that, much like the highly uncertain assumptions about CFR part 50, as discussed in the 1996 qualitative evidence on direct adverse likely changes in patterns of ground- proposal and 1997 final rule.72 effects potentially associated with long- level ozone concentrations, associated As discussed previously, the term inhalation exposures, the newly changes in UV–B radiation exposures of Administrator recognizes that relevant considered available evidence on concern would likely be very small from information on indirect potentially potential indirect beneficial effects is a public health perspective. beneficial health effects of ground-level not well enough understood at this time In the past, the Administrator has O3 (as well as information on direct to serve as the basis for establishing a been confronted with situations where adverse health effects of ground-level less restrictive 8-hour standard than was there has been both quantifiable and O3) is now available that was not part promulgated in 1997. Rather, EPA unquantifiable evidence, and has moved of the 1997 rulemaking record. In that believes that the most recent evidence forward with a NAAQS decision. The regard, she notes that the next periodic and credible analyses of potential long- inability to quantify all related effects review of the O3 NAAQS is now well term, indirect beneficial effects should does not preclude the Agency from underway, having been formally be considered in the next review in making a NAAQS decision, particularly initiated by EPA’s Office of Research conjunction with the most recent in situations where there is strong and Development with a call for information on long-term, direct adverse quantifiable evidence of significant information (65 FR 57810; September effects. adverse health effects. Moreover, in this 26, 2000). To ensure that the current review of the O criteria and standards D. Final Response To Remand on the case, as noted above, EPA believes that 3 while the potential beneficial effects are now underway can be based on a Primary O3 NAAQS not quantifiable at this time, they are comprehensive and current body of After carefully considering the likely very small from a public health relevant scientific information, EPA scientific information available in the perspective. Accordingly, the continues to encourage the submission record on adverse effects on public Administrator believes it is of new scientific information on the health associated with direct inhalation inappropriate to wait for additional relationships between ground-level O3, exposures to O3 in the ambient air and information on such effects prior to associated attenuation of UV–B on the potential for indirect benefits to responding to this remand. radiation and other indirect effects of public health associated with the In determining now that the 0.08 the presence of O3 in the ambient air, presence of ground-level O3 and the ppm, 8-hour O3 standard set in 1997 is and effects on public health such as resultant attenuation of naturally requisite to protect public health with those associated with changes in occurring UV–B radiation from the sun, an adequate margin of safety, the relevant exposures to UV–B radiation. taking into account the weight of that Administrator is finding that such a The EPA’s ongoing review and evidence in assessing the net adverse standard is both necessary and revision of the O3 Criteria Document is health effects of ground-level O , 3 sufficient. Consideration of the potential addressing a number of issues related to considering comments received on the beneficial effects of ground-level O did indirect potentially beneficial health proposed response, and for the reasons 3 not, of course, call into question effects of ground-level O3. In particular, discussed above, the Administrator is whether this standard was sufficient to available information on the role of now responding to the remand by protect against the adverse respiratory- ground-level O3 in attenuating solar reaffirming the 8-hour primary O 3 related effects of O addressed in EPA’s UV–B radiation is being considered. standard promulgated in 1997. In 3 1997 final rule. However, it did raise the Attention will be focused on the gaps in leaving unchanged the 1997 O3 standard information, identified above in section at this time, the Administrator has fully question as to whether this standard was still necessary to protect against II.B.2, that precluded the development considered the available information in of area-specific quantitative assessments O3’s net effects. Having determined that the record of the 1997 O3 NAAQS of potential beneficial effects of ground- review on potential beneficial health any potential UV–B radiation-related effects associated with this more level O3. For example, the review is effects of ground-level O3 using the considering the available information same approach as for her consideration stringent standard are likely very small from a public health perspective, and related to understanding relevant spatial of the adverse respiratory-related effects, and temporal patterns in changes in as directed by the Court’s remand. having judged that the evidence of any such effects should be weighed no more ground-level O3, and associated spatial Based on such consideration, she has and temporal patterns in changes in heavily in a determination of O3’s net determined that the information linking solar UV–B radiation flux. The review (a) changes in patterns of ground-level effects than the record evidence on O3’s potential chronic adverse effects, the will also consider available information O3 concentrations likely to occur as a on changes in human exposure to solar result of programs implemented to Administrator has concluded that O3’s net adverse effects necessitate a UV–B radiation as mediated by changes attain the 1997 O3 NAAQS to (b) in ground-level O3, including changes in relevant exposures to UV–B standard no less stringent than the standard set in EPA’s 1997 final rule.71 information related to characterizing radiation of concern to public health is how UV–B radiation exposures of too uncertain at this time to warrant any The 0.08 ppm, 8-hour primary standard is met at an ambient air quality sensitive populations may be affected by relaxation in the level of public health human activity patterns and variable protection previously determined to be monitoring site when the 3-year average of the annual fourth-highest daily sun-seeking and sun-avoidance requisite to protect against the behaviors. In addition, available maximum 8-hour average O3 demonstrated direct adverse respiratory information on the nature of health effects of exposure to O3 in the ambient concentration is less than or equal to 70 0.08 ppm. Data handling conventions air. Further, it is the Agency’s view 72 Subsequent to the 1997 final rule, EPA has that even when using plausible but are specified in a new appendix I to 40 promulgated further revisions to 40 CFR part 50 with regard to the applicability of the 1-hour O3 70 As noted above, the D.C. Circuit has already 71 In so doing, EPA is applying the same decision standards (65 FR 45182; July 20, 2000). In addition, upheld EPA’s determination that the 0.08 ppm 8- making standard as it applied in its 1997 final rule, EPA notes that recent legislation addresses the hour O3 NAAQS was requisite to protect against based on the plain meaning of the word ‘‘requisite,’’ timing of future actions on nonattainment adverse respiratory effects. See ATA III, 283 F.3d at consistent with the U.S. Supreme Court’s decision designations with regard to the 8-hour O3 standards 379. in Whitman, 121 S. Ct. at 911–12, 914. (Pub. L. 106–377, 114 Stat. 1441 (2000)).

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effects associated with changes in vegetation in national parks, forests, and O3-sensitive species, potential risks of exposure to UV–B radiation mediated wilderness areas, and may be degrading adverse effects to such species, and by changes in ground-level O3 the aesthetic quality of the natural monetized and non-monetized concentrations is being considered. As landscape, a resource important to categories of increased vegetation part of the O3 Criteria Document, this public welfare. Growth and yield effects protection associated with reductions in information will be presented to CASAC of O3 have been well documented for O3 exposures. In so doing, the and the public for review and comment. numerous species, including Administrator recognized that markedly Based on the revised O3 Criteria commodity crops, fruits and vegetables, improved air quality, and thus Document, and taking into account and seedlings of both coniferous and significant reductions in O3 exposures CASAC advice and public comments, deciduous tree species. Although data would result from attainment of the 0.08 EPA will consider the extent to which from tree seedling studies could not be ppm, 8-hour primary standard. In the available information provides an extrapolated to quantify responses to O3 looking further at the incremental adequate basis for developing credible in mature trees, long-term observational protection associated with attainment of quantitative estimates of potential studies of mature trees have shown a seasonal secondary standard, she beneficial health effects of ground-level growth reductions in the presence of recognized that areas that would likely O3. All such relevant information will elevated O3 concentrations. Even where be of most concern for effects on be considered in EPA’s review of the these growth reductions are not vegetation, as measured by the seasonal primary O3 NAAQS. attributed to O3 alone, it has been exposure index, would also be reported that O is a significant III. Rationale for Final Response To 3 addressed by the 0.08 ppm, 8-hour contributor that potentially exacerbates Remand on the Secondary O Standard primary standard. 3 the effects of other environmental This notice also presents the stresses (e.g., pests). In addition, growth B. Potential Indirect Beneficial Welfare Administrator’s final response to the reductions can indicate that plant vigor Effects remand, reaffirming the 8-hour O3 is being compromised such that the This section is drawn from the limited secondary standard promulgated in plant can no longer compete effectively information in the record of the 1997 1997, based on: for essential nutrients, water, light, and review with regard to the effect of (1) Information from the 1997 criteria space. When many O3-sensitive ground-level O3 on the attenuation of and standards review that served as the individuals make up a population, the UV–B radiation and potential associated basis for the 1997 secondary O3 whole population may be affected. welfare benefits.73 While this standard, including the scientific Changes occurring within sensitive information suggests the potential for information on welfare effects populations, or stands, if they are severe effects on plants and aquatic organisms, associated with direct exposures to O3 enough, ultimately can change EPA (1987, ES–40—ES–43) recognizes in the ambient air, with a focus on community and ecosystem structure. that relevant studies are limited and the vegetation effects, and assessments of Structural changes that alter the uncertainties are great due in part to vegetation exposure, risk, and economic ecosystem functions of energy flow and problems in study designs, such that values; nutrient cycling can alter ecosystem quantitative conclusions cannot be (2) A review of the scientific succession. drawn. information in the record of the 1997 Based on key studies and other With regard to effects on vegetation, review (but not considered as part of the biological effects information reported while some plant cultivars tested in the basis for the 1997 standard) on the in the Criteria Document and Staff laboratory were determined to be welfare effects associated with changes Paper, it was recognized that peak O3 sensitive to UV–B radiation exposure, in UV–B radiation, the association concentrations equal to or greater than these experiments have been shown to between changes in ground-level O3 and 0.10 ppm can be phytotoxic to a large inadequately replicate effects in the changes in UV–B radiation, and number of plant species, and can field, such that they do not reflect the predictions of changes in ground-level produce acute foliar injury and reduced complex interactions between plants O3 levels likely to result from crop yield and biomass production. In and their environment. The only long- attainment of alternative O3 standards; addition, O3 concentrations within the term field studies of crops involved and range of 0.05 to 0.10 ppm have the soybeans, producing suggestive (3) Consideration of the comments potential over a longer duration of evidence of reduced yields under received on the proposed response. creating chronic stress on vegetation conditions simulating changes in total that can result in reduced plant growth A. Direct Adverse Welfare Effects column O over an order of magnitude and yield, shifts in competitive 3 greater than those projected to occur as As discussed in the 1997 final rule, advantages in mixed populations, a result of changes in ground-level O3 direct exposures to O3 have been decreased vigor leading to diminished associated with attainment of the 1997 associated quantitatively and resistance to pest and pathogens, and O NAAQS. Beyond the limited studies qualitatively with a wide range of injury from other environmental 3 of crops, EPA (1987, ES–41) notes that vegetation effects such as visible foliar stresses. Some sensitive species can little or no data exist on UV–B radiation injury, growth reductions and yield loss experience foliar injury and growth and effects on trees and other types of in annual crops, growth reductions in yield effects even when O3 tree seedlings and mature trees, and concentrations never exceed 0.08 ppm. natural vegetation, or on possible effects that can have impacts at the Further, the available scientific interactions with pathogens. While it is forest stand and ecosystem level. Visible information supports the conclusion noted that changes in UV–B radiation foliar injury can represent a direct loss that a cumulative seasonal exposure levels could alter the results of of the intended use of the plant, ranging index is more biologically relevant than competition in natural ecosystems, no from reduced yield and/or marketability a single event or mean index. evidence is available to evaluate this for some agricultural species to To put judgments about these 73 The information in this section is drawn impairment of the aesthetic value of vegetation effects into a broader national primarily from the EPA document ‘‘Assessing the urban ornamental species. On a larger perspective, the Administrator has taken Risk of Trace Gasses that Can Modify the scale, foliar injury is occurring on native into account the extent of exposure of Stratosphere’’ (U.S. EPA, 1987).

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effect. Further, it is recognized that UV– Moreover, this commenter suggested and materials in any geographical area B radiation may both inhibit and that EPA’s calling the risks ‘‘potential’’ are the same or analogous to factors that stimulate plant flowering, depending on effects in the proposed response is are important in assessing the impacts the species and growth conditions. inconsistent with its concluding that on human health. Such factors include Recognizing that interactions between such effects are ‘‘real’’ in the context of the temporal and spatial patterns of UV–B radiation and other stratospheric O3 depletion. ground-level O3 throughout a environmental factors are important in The EPA agrees that there is now geographic area where reductions are determining potential UV–B radiation more information on the effects of UV– likely to occur, the associated temporal effects on plants, EPA (1987, ES–42) B radiation on plants, aquatic and spatial patterns in UV–B radiation notes that extensive, long-term studies ecosystems and materials than was flux, and the sensitivity and spatial and would be required to address these available in the 1997 review, and notes temporal exposure patterns of plants, interactions. that there is also more information aquatic systems and materials to the With regard to effects on aquatic available now on the direct adverse relatively very small and highly variable organisms, EPA (1987, ES–42) notes that effects of O3 on vegetation and changes in UV–B radiation associated while initial experiments show that ecosystems. While EPA agrees that with relevant changes in ground-level increased UV–B radiation has the relevant information about the welfare O3. potential to harm aquatic life, effects of ground-level O3, including For example, the commenter difficulties in experimental designs and both potential UV–B radiation-related specifically noted that new information the limited scope of the studies prevent beneficial effects and direct adverse on the effects of stratospheric O the quantification of potential risks. effects, should be evaluated as part of 3 depletion finds that solar UV–B Some study results suggest that most updated air quality criteria, EPA radiation can affect marine ecosystems zooplankton show no effect due to believes that all such updated by damaging the early developmental increased exposure to UV–B radiation information should be evaluated during stages of some marine organisms that, in up to some threshold exposure level, the periodic review of the O criteria 3 turn, can result in significant reductions with exposures above such threshold and standards that is now underway. A in the size of the populations of larger levels eliciting notable effects. For fuller discussion of EPA’s procedural animals that feed on these animals. species under UV–B stress, such effects approach to responding to the remand, Thus for marine ecosystems, increased could include reduced time spent at the especially with regard to incorporating UV–B radiation is most likely to have an surface of the water, which is critical for new information in updated air quality breeding in some species, possibly criteria and CASAC review, can be effect over specific geographic areas and leading to changes in species diversity. found in the introduction to section II during specific periods of time in the It is also noted that, as do all other above. life cycles of some marine organisms. living organisms, aquatic biota cope Further, EPA strongly disagrees with This geographic and temporal with exposure to UV–B radiation by the commenter’s assertion that currently specificity is not important in avoidance, shielding, and repair available information on the effects of estimating the impacts associated with changes in stratospheric O3, given its mechanisms, although uncertainty stratospheric O3 depletion is sufficient exists as to the extent to which such for developing credible quantitative relative spatial and temporal stability. mitigation mechanisms would occur estimates of UV–B radiation-related Such assessments of the effects of long- (U.S. EPA, 1987, ES–43). It is recognized effects associated with changes in term declines or restoration can reasonably assume that short-term and that determination of UV–B radiation ground-level O3 likely to result from local-scale variations in important exposure in aquatic systems is complex attainment of a more stringent O3 because of the variable attenuation of NAAQS. While EPA has developed factors, such as developmental stages of UV–B radiation in the water column, quantitative estimates of the impacts of marine organisms, will tend to ‘‘even and that further research is needed to relatively large and broadly uniform out’’ over time, permitting more improve our understanding of how UV– increases in incident UV–B radiation confidence in the magnitude and B radiation exposure affects marine associated with projected changes in the direction of such assessments. In species, particularly given their world- global reservoir of stratospheric O3, it is contrast, such geographic and temporal wide importance as a source of protein. not necessarily the case that EPA can factors would have a major influence in With regard to EPA’s characterization now develop credible estimates of estimating impacts associated with the of UV–B radiation-related effects, one impacts associated with the relatively localized and highly variable changes in commenter noted that there is now more very small and locally variable increases ground-level O3 associated with information about the welfare effects of in incident UV–B radiation that may attaining a more stringent O3 NAAQS. UV–B radiation than there was in the result from future projected changes in In particular, as discussed above in 74 record of the 1997 review, and ground-level O3. The EPA believes that section II.B.2, coastal areas tend to have asserted that this information is this commenter is ignoring both the much lower ground-level O3 levels sufficient for the Agency to reach fundamental differences in the nature relative to inland areas, and there is ‘‘rough’’ quantitative conclusions about and relative magnitude of the temporal little evidence to indicate that attaining some of these effects. The commenter and spatial variability of O3 levels in the a more stringent O3 NAAQS would further expressed the view that the stratosphere and ground-level appreciably change O3 levels, and relevant information on UV–B radiation- troposphere, and the importance of area- associated UV–B radiation penetration, related effects should be evaluated as specific assessments for addressing at ground-level over marine ecosystems. part of EPA’s air quality criteria and be impacts related to changes in ground- Further, the seasonality of ground-level made subject to CASAC review. level O3 that take into account relevant O3 levels, and efforts to reduce ground- factors (as discussed in section II.B level O3 to attain a more stringent O3 74 The commenter specifically cited an EPA Web above). Area-specific factors that would NAAQS, would be important to take in site pertaining to stratospheric O3 depletion (http:/ be important in assessing the potential account in any credible assessment of /www.epa.gov/ozone/science/effects.html), with information on the effects of UV–B radiation on for UV–B radiation-related impacts of changes in ground-level O3 plant growth, aquatic organisms and materials of consequences of a more stringent O3 levels on the seasonal developmental commercial interest. NAAQS on plants, aquatic ecosystems, stages of organisms in marine

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ecosystems. This example illustrates which information was sufficient for IV. Statutory and Executive Order why broad-scale analytic approaches both quantitative and qualitative Reviews appropriately used to estimate assessments that provided the basis for A. Executive Order 12866: Regulatory stratospheric O impacts are not 3 the 1997 secondary O3 standard, the Planning and Review appropriate for developing credible Administrator has concluded that the Under Executive Order 12866, the estimates of the impacts on public weight of evidence of O3’s adverse welfare of changes in tropospheric O3 effects necessitates a standard no less Agency must determine whether a likely to result from attaining a more stringent than the standard set in EPA’s regulatory action is ‘‘significant’’ and, therefore, subject to OMB review and stringent O3 NAAQS. Thus, EPA 1997 final rule.75 believes that it is not inconsistent to the requirements of the Executive Order. conclude that such quantifiable effects As recognized in section II.D with The order defines ‘‘significant are ‘‘real’’ in relation to large, relatively regard to consideration of health effects, regulatory action’’ as one that may: uniform changes in the stratospheric O3 the Administrator also recognizes that (1) Have an annual effect on the reservoir, and to characterize effects that relevant information on indirect economy of $100 million or more or can not be credibly quantified in potentially beneficial welfare effects of adversely affect in a material way the relation to relatively very small and ground-level O3 is now available that economy, a sector of the economy, highly variable changes in tropospheric was not part of this rulemaking record. productivity, competition, jobs, the O3 associated with attaining a more As previously noted, the next periodic environment, public health or safety, or stringent O3 NAAQS as ‘‘potential’’ review of the O3 NAAQS has already State, local, or tribal governments or effects at this time. been initiated by EPA’s ORD and communities; (2) Create a serious inconsistency or C. Final Response To Remand on the preparation of a revised O3 Criteria Document that will incorporate such otherwise interfere with an action taken Secondary O3 NAAQS relevant information is now underway. or planned by another Agency; After considering the scientific Thus, to ensure that the next review of (3) Materially alter the budgetary impact of entitlements, grants, user fees, information available in the record on the O criteria and standards can be 3 or loan programs or the rights and adverse welfare effects associated with based on a comprehensive and current direct exposure to O in the ambient air obligations or recipients thereof; or 3 body of relevant scientific information, and on the potential indirect benefits to (4) Raise novel legal or policy issues EPA continues to encourage the public welfare related to attenuation of arising out of legal mandates, the naturally occurring UV–B radiation, and submission of new scientific President’s priorities, or the principles the relevant comments received, the information on the relationships set forth in the Executive Order. Administrator again concludes that between ground-level O3, associated Pursuant to the terms of Executive there is insufficient information attenuation of UV–B radiation and other Order 12866, it has been determined available on UV–B radiation-related indirect effects of the presence of O3 in that this response is a ‘‘significant effects that may result from attaining the the ambient air, and effects on public regulatory action’’ because of its 1997 O3 NAAQS to warrant any welfare such as those associated with important national policy implications. relaxation in the level of public welfare changes in relevant exposures to UV–B As such, this action was submitted to protection previously determined to be radiation. OMB for review. Changes made in requisite to protect against the As noted above in section II.D, EPA’s response to OMB suggestions or recommendations will be documented demonstrated direct adverse effects of ongoing review and revision of the O3 exposure to O3 in the ambient air. Thus, Criteria Document is addressing a in the public record and made available the Administrator responds to the number of issues related to indirect for public inspection at EPA’s Air remand by reaffirming the 8-hour potentially beneficial health effects of Docket Center (Docket No. A–95–58). Since today’s final response to the secondary O3 standard promulgated in ground-level O . In addition to the 3 remand is a reaffirmation of the 1997, which is identical to the 8-hour issues noted above, EPA’s review will primary O3 standard. revisions to the O3 NAAQS previously In determining now that the 0.08 also consider the available information promulgated in 1997, no new RIA has on the nature of environmental effects ppm, 8-hour O3 standard set in 1997 is been prepared. The RIA (1997) prepared requisite to protect public welfare, the associated with changes in solar UV–B in conjunction with the 1997 revision to radiation mediated by changes in Administrator is finding that such a the O3 NAAQS is available in the standard is both necessary and ground-level O3 concentrations. Based docket, from EPA at the address under sufficient. While consideration of the on the revised O3 Criteria Document, ‘‘Availability of Related Information,’’ potential beneficial effects of ground- and taking into account CASAC and and in electronic form as discussed level O3 clearly did not call into public comments, EPA also will above in ‘‘Electronic Availability.’’ question whether this standard was consider the extent to which the As a number of judicial decisions sufficient to protect against the direct available information provides an have made clear, the economic and adverse welfare effects of ground-level adequate basis for developing credible technological feasibility of attaining O3 addressed in EPA’s 1997 final rule, quantitative estimates of potential ambient standards are not to be it did raise the question as to whether beneficial environmental effects of considered in setting NAAQS, although this standard was still necessary in light ground-level O3. All such relevant such factors may be considered in the of potential UV–B radiation-related information will be considered in EPA’s development of State plans to beneficial effects. Having determined review of the secondary O3 NAAQS. implement the standards. E.g., that any potential UV–B radiation- Whitman, 531 U.S. at 471 (2001); ATA related welfare effects associated with 75 In so doing, EPA is applying the same decision I, 175 F.3d at 1040–1043. Accordingly, attaining the 1997 O3 standard are too making standard as it applied in its 1997 final rule, although a RIA was prepared for the uncertain to be given any appreciable as noted above in section II.D on the primary 1997 decision to revise the O3 NAAQS, standard, based on the plain meaning of the word weight in balancing against the ‘‘requisite,’’ consistent with the U.S. Supreme neither that RIA nor the associated demonstrated direct adverse effects of Court’s decision in Whitman, 121 S. Ct. at 911–12, contractor reports have been considered ground-level O3 on vegetation, for 914. in issuing this final response.

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B. Paperwork Reduction Act owned and operated and is not intergovernmental mandates, and dominant in its field. informing, educating, and advising This action does not impose an After considering the economic small governments on compliance with information collection burden under impacts of today’s final rule on small the regulatory requirements. provisions of the Paperwork Reduction entities, I certify that this action will not As noted above, EPA cannot consider Act, 44 U.S.C. 3501 et seq. because have a significant economic impact on today’s final response to the remand a substantial number of small entities. in setting a NAAQS the economic or does not establish any new information On May 14, 1999, the United States technological feasibility of attaining collection requirements beyond those Court of Appeals for the District of ambient air quality standards, although which are currently required under the Columbia Circuit (‘‘D.C. Circuit’’) such factors may be considered to a degree in the development of State Ambient Air Quality Surveillance remanded the O3 NAAQS to EPA to Regulations in 40 CFR part 58 (OMB consider, among other things, any plans to implement the standards. See, #2060–0084, EPA ICR No. 0940.16). potential beneficial health effects of O3 e.g., Whitman, 531 U.S. at 471; ATA I, Therefore, the requirements of the pollution in shielding the public from 175 F.3d at 1040–43. Accordingly, and Paperwork Reduction Act do not apply the ‘‘harmful effects of the sun’s for the reasons discussed in the 1996 to today’s final action. Burden means ultraviolet rays.’’ 175 F.3d 1027 (D.C. proposal and 1997 final rule, EPA has the total time, effort, or financial Cir., 1999). Today’s action provides determined that the provisions of resources expended by persons to EPA’s final response to that aspect of sections 202, 203, and 205 of the UMRA generate, maintain, retain, or disclose or the Court’s remand and reaffirms the do not apply to this final action. The provide information to or for a Federal 1997 primary O3 NAAQS. Therefore, EPA acknowledges, however, that any agency. This includes the time needed this rule does not establish any new corresponding revisions to associated to review instructions; develop, acquire, regulatory requirements affecting small State implementation plan requirements install, and utilize technology and entities. and air quality surveillance systems for the purposes of collecting, D. Unfunded Mandates Reform Act requirements, 40 CFR part 51 and 40 validating, and verifying information, CFR part 58, respectively, might result processing and maintaining Title II of the Unfunded Mandates in such effects. Accordingly, EPA will information, and disclosing and Reform Act of 1995 (UMRA), Public address unfunded mandates as providing information; adjust the Law 104–4, establishes requirements for appropriate when it proposes any existing ways to comply with any Federal agencies to assess the effects of revisions to 40 CFR parts 51 and 58. previously applicable instructions and their regulatory actions on State, local, requirements; train personnel to be able and tribal governments and the private E. Executive Order 13132: Federalism to respond to a collection of sector. Under section 202 of the UMRA, Executive Order 13132, entitled information; search data sources; EPA generally must prepare a written ‘‘Federalism’’ (64 FR 43255, August 10, complete and review the collection of statement, including a cost-benefit 1999) requires EPA to develop an information; and transmit or otherwise analysis, for proposed and final rules disclose the information. An agency with ‘‘Federal mandates’’ that may accountable process to ensure may not conduct or sponsor, and a result in expenditures to State, local, ‘‘meaningful and timely input by State person is not required to respond to, a and tribal governments, in the aggregate, and local officials in the development of collection of information unless it or to the private sector, of $100 million regulatory policies that have federalism displays a currently valid OMB control or more in any one year. Before implications.’’ ‘‘Policies that have number. The OMB control numbers for promulgating an EPA rule for which a federalism implications’’ is defined in EPA’s regulations are listed in 40 CFR written statement is needed, section 205 the Executive Order to include part 9 and 48 CFR chapter 15. of the UMRA generally requires EPA to regulations that have ‘‘substantial direct identify and consider a reasonable effects on the States, on the relationship C. Regulatory Flexibility Act number of regulatory alternatives and between the national government and adopt the least costly, most cost- the States, or on the distribution of The RFA generally requires an agency effective or least burdensome alternative to prepare a regulatory flexibility power and responsibilities among the that achieves the objectives of the rule. various levels of government.’’ analysis of any rule subject to notice The provisions of section 205 do not Today’s final response to the remand and comment rulemaking requirements apply when they are inconsistent with under the Administrative Procedure Act applicable law. Moreover, section 205 does not have federalism implications. or any other statute unless the agency allows EPA to adopt an alternative other It will not have substantial direct effects certifies that the rule will not have a than the least costly, most cost-effective on the States, on the relationship significant economic impact on a or least burdensome alternative if the between the national government and substantial number of small entities. Administrator publishes with the final the States, or on the distribution of Small entities include small businesses, rule an explanation why that alternative power and responsibilities among the small organizations, and small was not adopted. Before EPA establishes various levels of government, as governmental jurisdictions. any regulatory requirements that may specified in Executive Order 13132. The For purposes of assessing the impacts significantly or uniquely affect small final response to the remand only of today’s rule on small entities, small governments, including tribal reaffirms the previously promulgated entity is defined as: (1) Any small governments, it must have developed ozone standard and would not alter the business, based on the Small Business under section 203 of the UMRA a small relationship that has existed under the Administration’s size standards; (2) a government agency plan. The plan must Clean Air Act for 30 years, in which small governmental jurisdiction that is a provide for notifying potentially EPA sets NAAQS and the States government of a city, county, town, affected small governments, enabling implement them through submission of school district or special district with a officials of affected small governments SIPs, in accordance with the population of less than 50,000; and (3) to have meaningful and timely input in requirements of the Clean Air Act. Thus, a small organization that is any not-for- the development of EPA regulatory Executive Order 13132 does not apply profit enterprise which is independently proposals with significant Federal to this action.

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F. Executive Order 13175: Consultation Richmond, 1997). The 1997 revision to J. Congressional Review Act and Coordination With Indian Tribal the primary O3 NAAQS was The Congressional Review Act, 5 Governments promulgated to provide adequate U.S.C. 801 et seq., as added by the Small Executive Order 13175, entitled protection to the public, especially Business Regulatory Enforcement ‘‘Consultation and Coordination with children, against a wide range of direct Fairness Act of 1996, generally provides Indian Tribal Governments’’ (65 FR O3-induced health effects, including that before a rule may take effect, the 67249, November 6, 2000), requires EPA decreased lung function, primarily in agency promulgating the rule must to develop an accountable process to children who are active outdoors; submit a rule report, which includes a ensure ‘‘meaningful and timely input by increased respiratory symptoms, copy of the rule, to each House of the tribal officials in the development of primarily in highly sensitive Congress and to the Comptroller General regulatory policies that have tribal individuals; hospital admissions and of the United States. This action is not implications.’’ ‘‘Policies that have tribal emergency room visits for respiratory a ‘‘major rule’’ as defined by 5 U.S.C. implications’’ is defined in the causes, among children and adults with 804(2) because it is a reaffirmation of Executive Order to include regulations respiratory disease; inflammation of the the O3 NAAQS promulgated in 1997. that have ‘‘substantial direct effects on lung and possible long-term damage to Nonetheless, EPA will submit a report one or more Indian tribes, on the the lungs. This final response to the containing this response and other information to the U.S. Senate, the U.S. relationship between the Federal remand affirming the 1997 primary O3 government and the Indian tribes, or on NAAQS maintains the level of House of Representatives, and the the distribution of power and protection of children’s health Comptroller General of the United responsibilities between the Federal established by the standard set in 1997. States prior to publication of the response in the Federal Register. government and Indian tribes.’’ Therefore, today’s final action does Although this final response is not a This final response to the remand, comply with the requirements of major rule, EPA will apply the ‘‘major which leaves unchanged the 1997 final Executive Order 13045. rule, does not have tribal implications. rule’’ restrictions regarding the effective It will not have substantial direct effects H. Executive Order 13211: Actions That date; thus, the response will be effective on tribal governments, on the Significantly Affect Energy Supply, 60 days after publication in the Federal relationship between the Federal Distribution, or Use Register. government and Indian tribes, or on the V. References distribution of power and This final response to the remand is Altschuller, A.P. (1994) Memorandum responsibilities between the Federal not a ‘‘significant energy action’’ as to L.T. Cupitt re: Addendum to My government and Indian tribes, as defined in Executive Order 13211, Review of Your Manuscript specified in Executive Order 13175. ‘‘Actions Concerning Regulations That ‘‘Calculations of the Impact of Thus, Executive Order 13175 does not Significantly Affect Energy Supply, Tropospheric Ozone Changes On UV– apply to this rule. Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not likely to have B Flux and Potential Skin Cancers,’’ G. Executive Order 13045: Protection of a significant adverse effect on the EPA Docket A–95–58, IV–D–2694, Appendix B 17. Children From Environmental Health supply, distribution, or use of energy. and Safety Risks American Thoracic Society. (1985) This is because this final response to the Guidelines as to what constitutes an Executive Order 13045, entitled remand leaves unchanged the 1997 final adverse respiratory health effect, with ‘‘Protection of Children from rule. Thus, Executive Order 13211 does special reference to epidemiologic Environmental Health Risks and Safety not apply to this rule. studies of air pollution. American Risks’’ (62 FR 19885, April 23, 1997), Review of Respiratory Disease. 131: requires Federal agencies to ensure that I. National Technology Transfer Advancement Act 666–668. their policies, programs, activities, and Bru¨ hl, C. and Creutzen, P.J. (1989) On standards identify and assess Section 12(d) of the National the Disproportionate Role of environmental health and safety risks Technology Transfer and Advancement Tropospheric Ozone as a Filter that may disproportionately affect Act of 1995 (NTTAA), Public Law 104– Against Solar UV–B Radiation. children. To respond to this order, Geophys. Res. Letters, 16:703–706. agencies must explain why the 113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus Docket A–95–58, IV–D–2694, regulation is preferable to other Appendix B 10. potentially effective and reasonably standards in its regulatory activities unless to do so would be inconsistent Childs, N. (1994) Memorandum to L. feasible alternatives considered by the Grant re: Relationships of Reductions with applicable law or otherwise agency. in Tropospheric Ozone to UV–B impractical. Voluntary consensus This final response is not subject to Penetration to Earth’s Surface, EPA standards are technical standards (e.g., the Executive Order because it is not Docket A–95–58, IV–D–2694, economically significant as defined in materials specifications, test methods, Appendix B 16. Executive Order 12866. However, sampling procedures, and business Cupitt, L.T. (1994) Draft memorandum, today’s final response to the remand, practices) that are developed or adopted Calculations of the Impact of reaffirming the 1997 primary O3 by voluntary consensus standards Tropospheric Ozone Changes on UV– NAAQS, specifically takes into account bodies. The NTTAA directs EPA to B Flux and Potential Skin Cancers, children as the group most at risk to the provide Congress, through OMB, EPA ORD/AREAL Docket A–95–58, direct inhalation-related effects of O3 explanations when the Agency decides IV–D–2694, Appendix B 2. exposure, and was based on studies of not to use available and applicable Fishman, J.; Watson, C.E.; Larsen, J.C.; effects on children’s health (U.S. EPA, voluntary consensus standards. Today’s and Logan, J.A. (1990) Distribution of 1996a; U.S. EPA, 1996b) and final response to the remand does not Tropospheric Ozone Determined assessments of children’s exposure and involve technical standards. Therefore, From Satellite Data J. Geophys. Res. risk (Johnson et al., 1994; Johnson et al., EPA did not consider the use of any 95:3599–3617. Docket A–95–58, IV– 1996a, b; Whitfield et al., 1996; voluntary consensus standards. D–2694, Appendix B 1.

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Frederick, J.E.; Koob, A.E.; National Academy Press, Washington, U.S. EPA (1996b) Review of the national Weatherhead, E.C. (1993) Empirical District of Columbia. ambient air quality standards for Studies of Tropospheric Transmission Richmond (1997) Supplemental ozone ozone: assessment of scientific and in the Ultraviolet: Broadband exposure and health risk analyses. technical information. OAQPS staff Measurements. J. Applied Internal memorandum from Harvey paper. Research Triangle Park, NC: Meteorology 32:1883–1892. Docket M. Richmond to Karen M. Martin, Office of Air Quality Planning and A–95–58, IV–D–2694, Appendix B 13. U.S. EPA, AQSSD/OAQPS/OAR, RTP, Standards; EPA report no. EPA–452/ Johnson, T. (1994) Letter report: NC, dated February 11, 1997. Docket R–96–007. Available from: NTIS, Enhancements to the pNEM summer No. A–95–58, IV–A–1. Springfield, VA; PB96–203435. camp methodology. Prepared by IT/ Thiele, J. J.; Traber, M. G.; Tsang, K.; U.S. EPA (1997) Responses to Air Quality Services for U.S. EPA, Cross, C. E.; Packer, L. (1997) In vivo Significant Comments on the 1996 Office of Air Quality Planning and exposure to ozone depletes vitamins C Proposed Rule on the National Standards (OAQPS); Research and E and induces lipid peroxidation Ambient Air Quality Standards for Triangle Park, NC, March. in epidermal layers of murine skin. Ozone, Office of Air and Radiation Johnson, T.; Capel, J.; Mozier, J.; McCoy, Free Radical Biol. Med. 23: 385–391. Docket A–95–58, V–C–1, July 1997. M. (1996a) Estimation of ozone Thurston, G.D.; Ito, K.; Kinney, P.L.; U.S. EPA (2002) Responses to exposures experienced by outdoor Lippmann, M. (1992) A multi-year Significant Comments on the 2001 children in nine urban areas using a study of air pollution and respiratory National Ambient Air Quality probabilistic version of NEM. hospital admissions in three New Standards for Ozone: Proposed Prepared by IT/Air Quality Services York State metropolitan areas: results Response to Remand, Office of Air for U.S. EPA, OAQPS; Research for 1988 and 1989 summers. Journal and Radiation Docket A–95–58, Triangle Park, NC, August. of Exposure Analysis and August 2002. Johnson, T.; Capel, J.; McCoy, M.; Environmental Epidemiology. 2:429– Whitfield, R.G.; Biller, W.F.; Jusko, M.J.; Mozier, J. (1996b) Estimation of ozone 450. exposures experienced by outdoor Keisler, J.M. (1996) A probabilistic UNEP (1998) Environmental Effects of assessment of health risks associated workers in nine urban areas using a Ozone Depletion; Elsevier Science probabilistic version of NEM. with short-term exposure to S.A., The Netherlands. tropospheric ozone. Report prepared Prepared by IT/Air Quality Services U.S. Census Bureau (2001) Profiles of for U.S. EPA, OAQPS; Research for U.S. EPA, OAQPS. Argonne General Demographic Characteristics National Laboratory; Argonne, IL. Triangle Park, NC, August. 2000. 2000 Census of Population and Johnson, T.; Capel, J.; McCoy, M. Wolff, G. T. (1995a) Letter from Housing United States. Table DP–1. (1996c) Estimation of ozone exposures Chairman of the Clean Air Scientific Profile of General Demographic experienced by urban residents using Advisory Committee to the EPA Characteristics: 2000, Geographic a probabilistic version of NEM. Administrator, dated November 28, Area: California, page 1030. Prepared by IT/Air Quality Services 1995. EPA–SAB–CASAC–LTR–96– U.S. DOE (1995) Statement of Marvin for U.S. EPA, OAQPS; Research 002. Frazier at Clean Air Scientific Triangle Park, NC, April. Wolff, G. T., (1995b) Letter from Lutter, R. and Wolz, C. (1997) UV–B Advisory Committee (CASAC) Ozone Chairman of the Clean Air Scientific Screening by Tropospheric Ozone: Review Panel, Public Meeting, March Advisory Committee to the EPA Implications for the National Ambient 21, 1995, at 203–218 transcript. Administrator, dated November 30, Air Quality Standard. Envir. Sci. Docket A–95–58, IV–D–2694, 1995. EPA–SAB–CASAC–LTR–96– Technol. 31:142A–146A. Docket A– Appendix B 9. 002. 95–58, IV–D–2694, Appendix B 7. U.S. EPA (1987) Assessing the Risk of Wolff, G. T., (1996) Letter from Madronich, S. (1992) Implications of Trace Gases That Can Modify the Chairman of the Clean Air Scientific Recent Total Atmospheric Ozone Stratosphere. Volume 1 Executive Advisory Committee to the EPA Measurements for Biologically Active Summary, Docket A–95–58, IV–D– Administrator, dated April 4, 1996. Ultraviolet Radiation Reaching Earth’s 2694, Appendix B 4. EPA–SAB–CASAC–LTR–96–006. Surface, Geophys. Res. Letters 19:37– U.S. EPA (1995a) Fact sheet: Health WMO (1998) Scientific Assessment of 40. Docket A–95–58, IV–D–2694, Effects of Overexposure to the Sun, Ozone Depletion: 1998, Global Ozone Appendix B 8. EPA 430–F–95–003, Office of Air and Research and Monitoring Project— Martin, K. (2001) U.S. EPA, OAQPS, Radiation Docket A–95–58, IV–D– Report No. 44, published in 1999. Letter to Dr. Philip Hopke, Chairman 2694, Appendix B 5. of the Clean Air Scientific Advisory U.S. EPA (1995b) Fact sheet: UV List of Subjects in 40 CFR Part 50 Committee, dated January 22, 2001. Radiation, EPA 430–F–95–003, Office Environmental protection, Air Docket A–95–58, VI–F–1. of Air and Radiation Docket A–95–58, pollution control, Carbon monoxide, Martin, K. (2002) U.S. EPA, OAQPS, IV–D–2694, Appendix B 18. Lead, Nitrogen dioxide, Ozone, Letter to Dr. Philip Hopke, Chairman U.S. EPA (1996a) Air quality criteria for Particulate matter, Sulfur oxides. of the Clean Air Scientific Advisory ozone and related photochemical Dated: December 18, 2002. Committee, dated January 14, 2002. oxidants. Research Triangle Park, NC: Docket A–95–58, VI–F–2. Office of Health and Environmental Christine Todd Whitman, National Academy of Sciences (1991) Assessment, Environmental Criteria Administrator. Rethinking the Ozone Problem in and Assessment Office; EPA report [FR Doc. 03–56 Filed 1–3–03; 8:45 am] Urban and Regional Air Pollution, nos. EPA/600/AP–93/004a–c. BILLING CODE 6560–50–P

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Part III

Department of Housing and Urban Development 24 CFR Parts 92, 570, 572, et al. Participation in HUD Programs by Faith Based Organizations; Providing for Equal Treatment of All HUD Program Participants; Proposed Rule

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DEPARTMENT OF HOUSING AND Development Block Grants Program, obstacles to the full participation of URBAN DEVELOPMENT Robert Duncan, Office of Block Grant faith-based and community Assistance (202) 708–3587: and for the organizations in the provision of social 24 CFR Parts 92, 570, 572, 574, 576, remaining programs, John Garrity, services by their Departments. This 582, 583, and 585 Office of Special Needs Assistance proposed rule is part of HUD’s efforts to Programs, (202) 708–4300. (These fulfill its responsibilities under the [Doc. No. FR–4782–P–01] numbers are not toll-free numbers.) Executive Order. RIN 2501–AC89 Hearing- or speech-impaired individuals may access this telephone number via II. This Proposed Rule Participation in HUD Programs by TTY by calling the toll-free Federal A. Purpose of Proposed Rule Faith-Based Organizations; Providing Information Relay Service at 1–800– Consistent with the President’s for Equal Treatment of All HUD 877–8339. Program Participants initiative, this proposed rule would SUPPLEMENTARY INFORMATION: revise HUD’s regulations to remove AGENCY: Office of the Secretary, HUD. I. Background unwarranted barriers to the equal ACTION: Proposed rule. Faith-based organizations are an participation of faith-based important part of the social services organizations in HUD’s programs. The SUMMARY: This proposed rule would network of the United States, offering a objective of this proposed rule is to revise those HUD regulations that multitude of social services to those in ensure that HUD programs are open to impose unwarranted barriers to the need. In addition to places of worship, all qualified organizations, regardless of participation of faith-based faith-based organizations may include their religious character, and to organizations in HUD programs and small nonprofit organizations created to establish clearly the proper uses to implement HUD’s policy that, within provide one program or multiple which funds may be put, and the the framework of constitutional church- services, as well as neighborhood conditions for receipt of funding. state guidelines, faith-based groups formed to respond to a crisis or B. HUD Program Regulations Amended organizations should be able to compete to lead community renewal. Faith-based by Proposed Rule on an equal footing with other groups everywhere, either acting alone organizations for HUD funding. HUD or as partners with other service The proposed rule would amend the supports the participation of faith-based providers and government programs, regulations for the following HUD organizations in its programs. serve the poor, and help to strengthen programs: DATES: Comments Due Date: March 7, families and rebuild communities. 1. HOME Investment Partnerships (24 2003. All too often, however, federal policy CFR part 92); and programs have not recognized faith- 2. Community Development Block ADDRESSES: Interested persons are based groups as resources for providing Grants (CDBG) (24 CFR part 570); invited to submit comments regarding 3. Hope for Homeownership of Single this proposed rule to the Office of the social assistance. Federal, state, and local governments have often imposed Family Homes (HOPE 3) (24 CFR part Rules Docket Clerk, Office of General barriers to the participation of religious 572); Counsel, Room 10276, Department of organizations in social service programs, 4. Housing Opportunities for Persons Housing and Urban Development, 451 including unwarranted regulatory with AIDS (HOPWA) (24 CFR part Seventh Street, SW., Washington, DC barriers. 574); 20410–0500. Communications should President Bush has directed the 5. Emergency Shelter Grants (ESG) (24 refer to the above docket number and federal agencies, including HUD, to take CFR part 576); title. Facsimile (FAX) comments are not steps to ensure that federal policy and 6. Shelter Plus Care (24 CFR part 582); acceptable. A copy of each programs are fully open to faith-based 7. Supportive Housing (24 CFR part communication submitted will be community groups in a manner that is 583); and available for inspection and copying consistent with the Constitution. The 8. Youthbuild (24 CFR part 585). between 7:30 a.m. and 5:30 p.m. at the Administration believes that faith-based C. Proposed Regulatory Amendments above address. groups possess an under-appreciated FOR FURTHER INFORMATION CONTACT: ability to meet the needs of poor The proposed rule would make the Steven Wagner, Director, Center for Americans and revitalize distressed following specific amendments to Faith-Based and Community Initiatives, neighborhoods. The Administration HUD’s regulations for the programs Department of Housing and Urban believes that there should be an equal listed above. Development, Room 10184, 451 Seventh opportunity for all organizations—both 1. Participation by Faith-Based Street, SW., Washington, DC 20410; faith-based and nonreligious—to Organizations in HUD Programs telephone: (202) 708–2404 (this is not a participate as partners in federal toll-free number). Hearing- or speech- programs. The proposed rule would make clear impaired individuals may access this As part of these efforts, President that organizations are eligible to telephone number via TTY by calling Bush issued Executive Order 13198 on participate in HUD programs without the toll-free Federal Information Relay January 29, 2001. The Order was regard to their religious character or Service at 1–800–877–8339. For published in the Federal Register on affiliation, and organizations may not be program specific information, contact January 31, 2001 (66 FR 8499). excluded from the competition for HUD the following offices in HUD’s Office of Executive Order 13198 created Centers funds simply because they are religious. Community Planning and Development: for Faith-Based and Community Specifically, religious organizations are For the HOME Program and the HOPE Initiatives in five cabinet departments— eligible to compete for funding on the for Homeownership of Single Family HUD, Health and Human Services, same basis, and under the same Homes (HOPE 3), Virginia Sardone, Education, Labor, and Justice. The eligibility requirements, as all other Director, Program Policy Division, Executive Order charged the Centers to nonprofit organizations. The federal Office of Affordable Housing Programs, identify and eliminate regulatory, government, as well as state and local (202) 708–2864; for the Community contracting, and other programmatic governments administering funds under

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HUD programs, are prohibited from its religious beliefs, provided that it organizations alone to provide discriminating against organizations on does not use HUD funds to support any additional assurances, above and the basis of religion or their religious inherently religious activities, such as beyond those any other organization is character. worship, religious instruction, or required to provide, that they will proselytization. Among other things, comply with HUD requirements. All 2. Faith-Based Activities faith-based organizations may use space organizations that participate in HUD The proposed rule would describe the in their facilities to provide HUD- programs, including religious ones, requirements applicable to all recipient funded services, without removing must carry out eligible activities in organizations regarding the use of HUD religious art, icons, scriptures, or other accordance with all program funds for faith-based activities. religious symbols. In addition, a HUD- requirements and other applicable Specifically, a participating organization funded religious organization may requirements governing the conduct of may not use direct HUD funds to retain religious terms in its HUD-funded activities, including those support inherently religious activities, organization’s name, select its board prohibiting the use of direct HUD funds such as worship, religious instruction, members on a religious basis, and to engage in inherently religious or proselytization. If the organization include religious references in its activities. In addition, to the extent that engages in such activities, the activities organization’s mission statements and provisions of HUD’s regulations must be offered separately, in time or other governing documents. disqualify religious organizations from location, from the programs or services participating in HUD’s programs merely funded with HUD assistance, and 4. Nondiscrimination in Providing Assistance because they are motivated or participation must be voluntary for the influenced by religious faith to provide beneficiaries of the HUD-funded The proposed rule clarifies that an social services, the proposed rule programs or services. This requirement organization that participates in a HUD removes that restriction, which is ensures that HUD funds provided program shall not, in providing program inconsistent with governing law. directly to religious organizations are assistance, discriminate against a not used to support inherently religious program beneficiary or prospective 7. Inapplicability of Executive Order activities. Thus, HUD funds provided program beneficiary on the basis of 11246 directly to a participating organization religion or religious belief. Accordingly, The proposed rule would also amend may not be used, for example, to religious organizations, in providing the CDBG regulations to provide that conduct prayer meetings, studies of services funded in whole or in part by Executive Order 11246, regarding equal sacred texts, or any other activity that is HUD, may not discriminate against employment opportunity, and the inherently religious. current or prospective program implementing regulations issued by the This restriction does not mean that an beneficiaries on the basis of religion, a Department of Labor at 41 CFR part 60 organization that receives HUD funds religious belief, a refusal to hold a do not apply to CDBG grantees. By its cannot engage in inherently religious religious belief, or a refusal to actively own terms, the Executive Order applies activities. It simply means such an participate in a religious practice. to government contractors and organization cannot fund these activities subcontractors, not grantees. with direct HUD funds. Thus, faith- 5. Structures Used for Religious based organizations that receive HUD Activities III. Findings and Certifications The proposed rule would also clarify funds must take steps to separate, in Regulatory Planning and Review time or location, their inherently that HUD funds may not be used for the religious activities from the direct HUD- acquisition, construction or The Office of Management and Budget funded services that they offer. rehabilitation of structures to the extent (OMB) reviewed this rule under These restrictions on inherently that those structures are used for Executive Order 12866, Regulatory religious activities do not apply where inherently religious activities, such as Planning and Review. OMB determined HUD funds are provided to religious worship, religious instruction, or prayer. that this rule is a ‘‘significant regulatory organizations as a result of a genuine HUD funds may be used for the action’’ as defined in section 3(f) of the and independent private choice of a acquisition, construction, or Order (although not an economically beneficiary, provided the religious rehabilitation of structures only to the significant regulatory action under the organizations otherwise satisfy the extent that those structures are used for Order). Any changes made to the rule as secular requirements of the program. A conducting eligible activities under the a result of that review are identified in religious organization may receive such specific HUD program. Where a the docket file, which is available for funds as the result of a beneficiary’s structure is used for both eligible and public inspection in the office of the genuine and independent choice if, for inherently religious activities, HUD Department’s Rules Docket Clerk, Room example, a beneficiary redeems a funds may not exceed the cost of those 10276, 451 Seventh Street, SW., voucher, coupon, certificate, or similar portions of the acquisition, Washington, DC 20410–0500. funding mechanism that was provided construction, or rehabilitation that are Unfunded Mandates Reform Act to that individual using HUD funds attributable to eligible activities. under a program that is designed to give Title II of the Unfunded Mandates 6. Assurance Requirements that individual a choice among Reform Act of 1995 (2 U.S.C. 1531– providers. The proposed rule would remove 1538) establishes requirements for those provisions of HUD’s regulations federal agencies to assess the effects of 3. Independence of Faith-Based that require only HUD-funded religious their regulatory actions on state, local, Organizations organizations to provide assurances that and tribal governments and the private The proposed rule clarifies that a they will conduct eligible program sector. This proposed rule does not religious organization that participates activities in a manner that is ‘‘free from impose any federal mandates on any in HUD programs will retain its religious influences.’’ HUD imposes no state, local, or tribal governments or the independence and may continue to comparable assurance requirements in private sector within the meaning of carry out its mission, including the any other context, and HUD believes it Unfunded Mandates Reform Act of definition, practice, and expression of is unfair to require religious 1995.

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Executive Order 13132, Federalism and community development, Grant For the reasons stated in the Executive Order 13132, Federalism, programs—Indians, Indians, Low and preamble, HUD proposes to amend title requires that federal agencies consult moderate income housing, 24 of the Code of Federal Regulations to with state and local governments with Manufactured homes, Rent subsidies, read as follows: state and local government officials in Reporting and recordkeeping requirements. PART 92—HOME INVESTMENT the development of regulatory policies PARTNERSHIPS PROGRAM with federalism implications. Consistent 24 CFR Part 570 with Executive Order 13132, we 1. The authority citation for 24 CFR Administrative practice and specifically solicit comment from state part 92 continues to read as follows: procedure, American Samoa, and local government officials on this Community development block grants, Authority: 42 U.S.C. 3535(d) and 12701– proposed rule. Grant programs—education, Grant 12839. Environmental Impact programs—housing and community 2. Revise § 92.257 to read as follows: A Finding of No Significant Impact development, Guam, Indians, Lead § 92.257 Faith-based activities. with respect to the environment has poisoning, Loan programs—housing and community development, Low and (a) Organizations that are religious or been made in accordance with HUD faith-based are eligible, on the same regulations at 24 CFR part 50, which moderate income housing, New communities, Northern Mariana Islands, basis as any other organization, to implement section 102(2)(C) of the participate in the HOME program. National Environmental Policy Act of Pacific Islands Trust Territory, Pockets of poverty, Puerto Rico, Reporting and Neither the federal government nor a 1969 (42 U.S.C. 4332). The Finding of state or local government receiving No Significant Impact is available for recordkeeping requirements, Small cities, Student aid, Virgin Islands. funds under HOME programs shall public inspection between the hours of discriminate against an organization on 7:30 a.m. and 5:30 p.m. weekdays in the 24 CFR Part 572 the basis of the organization’s religious Office of the Rules Docket Clerk, Office Condominiums, Cooperatives, Fair character or affiliation. of General Counsel, Room 10276, (b) Organizations that are directly Department of Housing and Urban housing, Government property, Grant programs—housing and community funded under the HOME program may Development, 451 Seventh Street, SW., not engage in inherently religious Washington, DC 20410. development, Low and moderate income housing, Nonprofit activities, such as worship, religious Impact on Small Entities organizations, Reporting and instruction, or proselytization, as part of recordkeeping requirements. the programs or services funded under The Secretary, in accordance with the this part. If an organization conducts Regulatory Flexibility Act (5 U.S.C. 24 CFR Part 574 such activities, the activities must be 605(b)) has reviewed and approved this AIDS/HIV, Community facilities, offered separately, in time or location, proposed rule and in so doing certifies from the programs or services funded that this rule will not have a significant Disabled, Grant programs—health programs, Grant programs—housing and under this part, and participation must economic impact on a substantial be voluntary for the HUD-funded number of small entities. The proposed community development, Grant programs—social programs, Homeless, programs or services. rule would not impose any new costs, (c) A religious organization that or modify existing costs, applicable to Housing, Low and moderate income housing, Nonprofit organizations, Rent participates in the HOME program will HUD grantees. Rather, the purpose of retain its independence from federal, the proposed rule is to remove subsidies, Reporting and recordkeeping requirements, Technical assistance. state, or local governments, and may regulatory prohibitions that currently continue to carry out its mission, restrict the equal participation of faith- 24 CFR Part 576 including the definition, practice, and based organizations (large and small) in Community facilities, Emergency expression of its religious beliefs, HUD’s programs. Notwithstanding shelter grants, Grant programs—housing provided that it does not use direct HUD’s determination that this rule will and community development, Grant HOME funds to support any inherently not have a significant economic effect programs—social programs, Homeless, religious activities, such as worship, on a substantial number of small Reporting and recordkeeping religious instruction, or proselytization. entities, HUD specifically invites requirements. Among other things, faith-based comments regarding any less organizations may use space in their burdensome alternatives to this rule that 24 CFR Part 582 facilities, without removing religious will meet HUD’s objectives as described Homeless, Rent subsidies, Reporting art, icons, scriptures, or other religious in this preamble. and recordkeeping requirements. symbols. In addition, a HOME-funded religious organization retains its Catalog of Federal Domestic Assistance 24 CFR Part 583 Numbers authority over its internal governance, Homeless, Rent subsidies, Reporting and it may retain religious terms in its The Catalog of Federal Domestic and recordkeeping requirements. organization’s name, select its board Assistance Numbers for the programs members on a religious basis, and CFR Part 585 affected by this rule are 14.218, 14.219, include religious references in its 14.225, 14.227, 14.228, 14.231, 14.235, Grant programs—housing and organization’s mission statements and 14.237, 14.238, 14.239, 14.241, 14.243, community development, Homeless, other governing documents. 14.246, 14.248, 14.512, 14.514, and Low and very low-income families, (d) An organization that participates 14.515. Reporting and recordkeeping in the HOME program shall not, in List of Subjects requirements, Homeless, Housing, Low providing housing or housing and moderate income housing, assistance, discriminate against a 24 CFR Part 92 Nonprofit organizations, Rent subsidies, program beneficiary or prospective Administrative practice and Reporting and recordkeeping program beneficiary on the basis of procedure, Grant programs—housing requirements, Technical assistance. religion or religious belief.

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(e) HOME funds may not be used for facilities to provide CDBG-funded based are eligible, on the same basis as the acquisition, construction, or services, without removing religious art, any other organization, to participate in rehabilitation of structures to the extent icons, scriptures, or other religious the HOPE 3 program. Neither the federal that those structures are used for symbols. In addition, a CDBG-funded government nor a state or local inherently religious activities. HOME religious organization retains its government receiving funds under funds may be used for the acquisition, authority over its internal governance, HOPE 3 programs shall discriminate construction or rehabilitation of and it may retain religious terms in its against an organization on the basis of structures only to the extent that those organization’s name, select its board the organization’s religious character or structures are used for conducting members on a religious basis, and affiliation. eligible activities under this part. Where include religious references in its (2) Organizations that are directly a structure is used for both eligible and organization’s mission statements and funded under the HOPE 3 program may inherently religious activities, HOME other governing documents. not engage in inherently religious funds may not exceed the cost of those (4) An organization that participates activities, such as worship, religious portions of the acquisition, in the CDBG program shall not, in instruction, or proselytization, as part of construction, or rehabilitation that are providing program assistance, the programs or services funded under attributable to eligible activities. discriminate against a program this part. If an organization conducts 3. In § 92.504, remove paragraph beneficiary or prospective program such activities, the activities must be (c)(3)(x) and redesignate paragraph beneficiary on the basis of religion or offered separately, in time or location, (c)(3)(xi) as paragraph (c)(3)(x). religious belief. from the programs or services funded (5) CDBG funds may not be used for under this part, and participation must PART 570—COMMUNITY the acquisition, construction or be voluntary for the beneficiaries of the DEVELOPMENT BLOCK GRANTS rehabilitation of structures to the extent HUD-funded programs or services. that those structures are used for (3) A religious organization that 4. The authority citation for 24 CFR inherently religious activities. CDBG participates in the HOPE 3 program will part 570 continues to read as follows: funds may be used for the acquisition, retain its independence from federal, Authority: 42 U.S.C. 3535(d) and 5301– construction or rehabilitation of state, or local governments and may 5320. structures only to the extent that those continue to carry out its mission, 5. Revise § 570.200(j) to read as structures are used for conducting including the definition, practice, and follows: eligible activities under this part. Where expression of its religious beliefs, a structure is used for both eligible and § 570.200 General policies. provided that it does not use direct inherently religious activities, CDBG * * * * * funds may not exceed the cost of those HOPE 3 funds to support any inherently (j) Faith-based activities. (1) portions of the acquisition, religious activities, such as worship, Organizations that are religious or faith- construction, or rehabilitation that are religious instruction, or proselytization. based are eligible, on the same basis as attributable to eligible activities. Among other things, faith-based any other organization, to participate in 6. Amend § 570.503 as follows: organizations may use space in their the CDBG program. Neither the federal a. Remove paragraph (b)(6); facilities to provide HOPE 3-funded government nor a state or local b. Redesignate paragraphs (b)(7) and services, without removing religious art, government receiving funds under (b)(8) as paragraphs (b)(6) and (b)(7), icons, scriptures, or other religious CDBG programs shall discriminate respectively; and symbols. In addition, a HOPE 3-funded against an organization on the basis of c. In newly designated paragraph religious organization retains its the organization’s religious character or (b)(7)(ii), remove all references to authority over its internal governance, affiliation. ‘‘paragraph (b)(8)(i) of this section’’ and and it may retain religious terms in its (2) Organizations that are directly in their place add ‘‘paragraph (b)(7)(i) of organization’s name, select its board funded under the CDBG program may this section’’. members on a religious basis, and not engage in inherently religious 7. Revise § 570.607 to read as follows: include religious references in its activities, such as worship, religious organization’s mission statements and § 570.607 Employment and contracting other governing documents. instruction, or proselytization, as part of opportunities. the programs or services funded under (4) An organization that participates Grantees shall comply with Section 3 this part. If an organization conducts in the HOPE 3 program shall not, in of the Housing and Urban Development such activities, the activities must be providing program assistance, Act of 1968 (12 U.S.C. 1701u) and offered separately, in time or location, discriminate against a program implementing regulations at 24 CFR part from the programs or services funded beneficiary or prospective program 135. under this part, and participation must beneficiary on the basis of religion or be voluntary for the beneficiaries of the PART 572—HOPE FOR religious belief. HUD-funded programs or services. HOMEOWNERSHIP OF SINGLE (5) HOPE 3 funds may not be used for (3) A religious organization that FAMILY HOMES PROGRAM (HOPE 3) the acquisition, construction or participates in the CDBG program will rehabilitation of structures to the extent retain its independence from federal, 8. The authority citation for 24 CFR that those structures are used for state, or local governments and may part 572 continues to read as follows: inherently religious activities. HOPE 3 continue to carry out its mission, Authority: 42 U.S.C. 3535(d) and 12891. funds may be used for the acquisition, including the definition, practice, and 9. Revise § 572.405(d) to read as construction or rehabilitation of expression of its religious beliefs, follows: structures only to the extent that those provided that it does not use direct structures are used for conducting CDBG funds to support any inherently § 572.405 Nondiscrimination and equal eligible activities under this part. Where religious activities, such as worship, opportunity requirements. a structure is used for both eligible and religious instruction, or proselytization. * * * * * inherently religious activities, HOPE 3 Among other things, faith-based (d) Faith-based activities. (1) funds may not exceed the cost of those organizations may use space in their Organizations that are religious or faith- portions of the acquisition,

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construction, or rehabilitation that are beneficiary or prospective program Among other things, faith-based attributable to eligible activities. beneficiary on the basis of religion or organizations may use space in their religious belief. facilities to provide Emergency Shelter PART 574—HOUSING (5) HOPWA funds may not be used for Grants-funded services, without OPPORTUNITIES FOR PERSONS WITH the acquisition, construction or removing religious art, icons, scriptures, AIDS rehabilitation of structures to the extent or other religious symbols. In addition, 10. The authority citation for 24 CFR that those structures are used for an Emergency Shelter Grants-funded parts 574 continues to read as follows: inherently religious activities. HOPWA religious organization retains its funds may be used for the acquisition, authority over its internal governance, Authority: 42 U.S.C. 3535(d) and 12901– construction or rehabilitation of and it may retain religious terms in its 12912. structures only to the extent that those organization’s name, select its board 11. Revise § 574.300(c) to read as structures are used for conducting members on a religious basis, and follows: eligible activities under this part. Where include religious references in its a structure is used for both eligible and § 574.300 Eligible activities. organization’s mission statements and inherently religious activities, HOPWA other governing documents. * * * * * funds may not exceed the cost of those (d) An organization that participates (c) Faith-based activities. (1) portions of the acquisition, in the Emergency Shelter Grants Organizations that are religious or faith- construction, or rehabilitation that are program shall not, in providing program based are eligible, on the same basis as attributable to eligible activities. assistance, discriminate against a any other organization, to participate in program beneficiary or prospective the HOPWA program. Neither the PART 576—EMERGENCY SHELTER program beneficiary on the basis of federal government nor a state or local GRANTS PROGRAM: STEWART B. religion or religious belief. government receiving funds under McKINNEY HOMELESS ASSISTANCE (e) Emergency shelter grants may not HOPWA programs shall discriminate ACT be used for the rehabilitation of against an organization on the basis of structures to the extent that those the organization’s religious character or 12. The authority citation for 24 CFR part 576 continues to read as follows: structures are used for inherently affiliation. religious activities. Emergency shelter (2) Organizations that are directly Authority: 42 U.S.C. 3535(d) and 11376. grants may be used for the rehabilitation funded under the HOPWA program may 13. Revise § 576.23 to read as follows: of structures only to the extent that not engage in inherently religious those structures are used for conducting activities, such as worship, religious § 576.23 Faith-based activities. eligible activities under this part. Where instruction, or proselytization, as part of (a) Organizations that are religious or a structure is used for both eligible and the programs or services funded under faith-based are eligible, on the same inherently religious activities, this part. If an organization conducts basis as any other organization, to emergency shelter grants may not such activities, the activities must be participate in the Emergency Shelter exceed the cost of those portions of the offered separately, in time or location, Grants program. Neither the federal rehabilitation that are attributable to from the programs or services funded government nor a state or local eligible activities. under this part, and participation must government receiving funds under be voluntary for the beneficiaries of the Emergency Shelter Grants programs PART 582—SHELTER PLUS CARE HUD-funded programs or services. shall discriminate against an (3) An organization that participates organization on the basis of the 14. The authority citation for 24 CFR in the HOPWA program will retain its organization’s religious character or part 582 continues to read as follows: independence from federal, state, or affiliation. Authority: 42 U.S.C. 3535(d) and 11403– local governments and may continue to (b) Organizations that are directly 11470b. carry out its mission, including the funded under the Emergency Shelter 15. Revise § 582.115(c) to read as definition, practice, and expression of Grants program may not engage in follows: its religious beliefs, provided that it inherently religious activities, such as does not use direct HOPWA funds to worship, religious instruction, or § 582.115 Limitations on assistance. support any inherently religious proselytization as part of the programs * * * * * activities, such as worship, religious or services funded under this part. If an (c) Faith-based activities. (1) instruction, or proselytization. Among organization conducts such activities, Organizations that are religious or faith- other things, faith-based organizations the activities must be offered separately, based are eligible, on the same basis as may use space in their facilities to in time or location, from the programs any other organization, to participate in provide HOPWA-funded services, or services funded under this part, and the S+C program. Neither the federal without removing religious art, icons, participation must be voluntary for the government nor a state or local scriptures, or other religious symbols. In beneficiaries of the HUD-funded government receiving funds under S+C addition, a HOPWA-funded religious programs or services. programs shall discriminate against an organization retains its authority over its (c) A religious organization that organization on the basis of the internal governance, and it may retain participates in the Emergency Shelter organization’s religious character or religious terms in its organization’s Grants program will retain its affiliation. name, select its board members on a independence from federal, state, or (2) Organizations that are directly religious basis, and include religious local governments and may continue to funded under the S+C program may not references in its organization’s mission carry out its mission, including the engage in inherently religious activities, statements and other governing definition, practice, and expression of such as worship, religious instruction, documents. its religious beliefs, provided that it or proselytization as part of the (4) An organization that participates does not use direct Emergency Shelter programs or services funded under this in the HOPWA program shall not, in Grants funds to support any inherently part. If an organization conducts such providing program assistance, religious activities, such as worship, activities, the activities must be offered discriminate against a program religious instruction, or proselytization. separately, in time or location, from the

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programs or services funded under this organization conducts such activities, § 585.406 Faith-based activities. part, and participation must be the activities must be offered separately, (a) Organizations that are religious or voluntary for the beneficiaries of the in time or location, from the programs faith-based are eligible, on the same HUD-funded programs or services. or services funded under this part, and basis as any other organization, to (3) A religious organization that participation must be voluntary for the participate in the Youthbuild program. participates in the S+C program will beneficiaries of the HUD-funded Neither the federal government nor a retain its independence from federal, programs or services. state or local government receiving state, or local governments and may (3) A religious organization that funds under Youthbuild programs shall continue to carry out its mission, participates in the Supportive Housing discriminate against an organization on including the definition, practice and Program will retain its independence the basis of the organization’s religious expression of its religious beliefs, from federal, state, or local governments character or affiliation. provided that it does not use direct S+C (b) Organizations that are directly and may continue to carry out its funds to support any inherently funded under the Youthbuild program mission, including the definition, religious activities, such as worship, may not engage in inherently religious religious instruction, or proselytization. practice, and expression of its religious activities, such as worship, religious Among other things, faith-based beliefs, provided that it does not use instruction, or proselytization, as part of organizations may use space in their direct Supportive Housing Program the programs or services funded under facilities to provide S+C-funded funds to support any inherently this part. If an organization conducts services, without removing religious art, religious activities, such as worship, such activities, the activities must be icons, scriptures, or other religious religious instruction, or proselytization. offered separately, in time or location, symbols. In addition, an S+C-funded Among other things, faith-based from the programs or services funded religious organization retains its organizations may use space in their under this part, and participation must authority over its internal governance, facilities to provide Supportive Housing be voluntary for the beneficiaries of the and it may retain religious terms in its Program-funded services, without HUD-funded programs or services. organization’s name, select its board removing religious art, icons, scriptures, (c) A religious organization that members on a religious basis, and or other religious symbols. In addition, participates in the Youthbuild Program include religious references in its a Supportive Housing Program-funded will retain its independence from organization’s mission statements and religious organization retains its federal, state, or local governments and other governing documents. authority over its internal governance, may continue to carry out its mission, (4) An organization that participates and it may retain religious terms in its including the definition, practice, and in the S+C program shall not, in organization’s name, select its board expression of its religious beliefs, providing program assistance, members on a religious basis, and provided that it does not use direct discriminate against a program include religious references in its Youthbuild Program funds to support beneficiary or prospective program organization’s mission statements and any inherently religious activities, such beneficiary on the basis of religion or other governing documents. as worship, religious instruction, or religious belief. (4) An organization that participates proselytization. Among other things, * * * * * in the Supportive Housing Program faith-based organizations may use space shall not, in providing program in their facilities to provide Youthbuild PART 583—SUPPORTIVE HOUSING assistance, discriminate against a Program-funded services, without PROGRAM program beneficiary or prospective removing religious art, icons, scriptures, or other religious symbols. In addition, 16. The authority citation for 24 CFR program beneficiary on the basis of religion or religious belief. a Youthbuild Program-funded religious part 583 continues to read as follows: organization retains its authority over its Authority: 42 U.S.C. 11389 and 3535(d). (5) Program funds may not be used for internal governance, and it may retain the acquisition, construction, or religious terms in its organization’s 17. Revise § 583.150(b) to read as rehabilitation of structures to the extent follows: name, select its board members on a that those structures are used for religious basis, and include religious § 583.150 Limitations on use of inherently religious activities. Program references in its organization’s mission assistance. funds may be used for the acquisition, statements and other governing * * * * * construction, or rehabilitation of documents. (b) Faith-based activities. (1) structures only to the extent that those (d) An organization that participates Organizations that are religious or faith- structures are used for conducting in the Youthbuild program shall not, in based are eligible, on the same basis as eligible activities under this part. Where providing program assistance, any other organization, to participate in a structure is used for both eligible and discriminate against a program the Supportive Housing Program. inherently religious activities, program beneficiary or prospective program Neither the federal government nor a funds may not exceed the cost of those beneficiary on the basis of religion or state or local government receiving portions of the acquisition, religious belief. funds under Supportive Housing construction, or rehabilitation that are (e) Youthbuild funds may not be used programs shall discriminate against an attributable to eligible activities. for the acquisition, construction, or organization on the basis of the * * * * * rehabilitation of structures to the extent organization’s religious character or that those structures are used for affiliation. PART 585—YOUTHBUILD PROGRAM inherently religious activities. (2) Organizations that are directly Youthbuild funds may be used for the funded under the Supportive Housing 18. The authority citation for 24 CFR acquisition, construction, or Program may not engage in inherently part 585 continues to read as follows: rehabilitation of structures only to the religious activities, such as worship, Authority: 42 U.S.C. 3535(d) and 8011. extent that those structures are used for religious instruction, or proselytization conducting eligible activities under this as part of the programs or services 19. Revise § 585.406 to read as part. Where a structure is used for both funded under this part. If an follows: eligible and inherently religious

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activities, Youthbuild funds may not rehabilitation that are attributable to Dated: December 11, 2002. exceed the cost of those portions of the secular activities. Mel Martinez, acquisition, construction, or Secretary. [FR Doc. 03–133 Filed 1–3–03; 8:45 am] BILLING CODE 4210–32–P

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Part IV

Department of Education Institute of Education Sciences; Notice Inviting Applications for Grants to Support Education Research for Fiscal Year (FY) 2003; Notice

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DEPARTMENT OF EDUCATION provides support for programs of to apply. Eligible applicants include, research in areas of demonstrated but are not limited to, non-profit and [CFDA Nos. 84.305G, 84.305H, 84.305J, 84.305K, 84.305L, 84.305M, and 84.305W] national need. for-profit organizations and public and Competitions in this notice: The private agencies and institutions, such Institute of Education Sciences; Notice following are the seven competitions in as colleges and universities. Inviting Applications for Grants To this notice for grants to support Request for Applications and Other Support Education Research for Fiscal educational research in FY 2003: Information: Information regarding Year (FY) 2003 • Preschool Curriculum Evaluation program and application requirements Research for each of the competitions is SUMMARY: The Director of the Institute of • Interagency Education Research, in contained in the applicable Request for Education Sciences (Institute) partnership with the National Science Applications package (RFA), which will announces seven FY 2003 competitions Foundation and the National Institutes be available at the following Web site: for grants to support educational of Health http://www.ed.gov/offices/IES/ research. The Director takes this action • Cognition and Student Learning funding.html. under the Education Sciences Reform Research The RFAs will be available— Act of 2002 (Act), Title I of Public Law • Reading Comprehension Research (1) On or before January 6, 2003 for 107–279. The intent of these grants is to • Teacher Quality Research Preschool Curriculum Evaluation provide national leadership in • Effective Mathematics Education Research, Reading Comprehension expanding fundamental knowledge and Research Research, Cognition and Student understanding of education from early • Social and Character Development Learning Research, and Interagency childhood education through Research Education Research; postsecondary study. Organization of Notice: This notice is SUPPLEMENTARY INFORMATION Mission of organized in a way to be helpful to a (2) On or before January 15, 2003 for Institute: A central purpose of the potential applicant. The notice provides Effective Mathematics Education Institute is to provide parents, information on eligibility; application Research, and Social and Character educators, students, researchers, availability; data—such as key dates, Development Research; and policymakers, and the general public length of project period, and program (3) On or before February 14, 2003 for with reliable information about contacts—for each competition; Teacher Quality. educational practices that support indication of intent to apply; and Interested potential applicants should learning and improve academic application procedures. check the Web site periodically. achievement and access to educational Eligible Applicants: Applicants that Information regarding selection opportunities for all students. In have the ability and capacity to conduct criteria and review procedures will also carrying out its mission, the Institute scientifically valid research are eligible be posted at this Web site.

KEY DATES AND CONTACTS

CFDA number and program of Due date for optional Deadline for receipt of research letter of intent applications Project period For further information contact

84.305J Preschool Curriculum Jan. 24, 2003 ...... Mar. 14, 2003 ...... Up to 48 months ...... Caroline Ebanks Evaluation Research. Email: [email protected] 84.305W Interagency Edu- Jan. 24, 2003 ...... Mar. 14, 2003 ...... Up to 60 months ...... Mark Constas cation Research. Email: [email protected] 84.305H Cognition and Stu- Jan. 29, 2003 ...... Mar. 21, 2003 ...... Up to 36 months ...... Elizabeth Albro dent Learning Research. Email: [email protected] 84.305G Reading Comprehen- Jan. 30, 2003 ...... Mar. 21, 2003 ...... Up to 36 months ...... Elizabeth Albro sion Research. Email: [email protected] 84.305M Teacher Quality Re- Mar. 26, 2003 ...... Apr. 18, 2003 ...... Up to 36 months ...... Harold Himmelfarb search. Email: har- [email protected] 84.305K Effective Mathe- Mar. 6, 2003 ...... Apr. 18, 2003 ...... Up to 48 months ...... Heidi Schweingruber matics Education Research. Email: [email protected] 84.305L Social and Character Mar. 6, 2003 ...... Apr. 25, 2003 ...... Up to 48 months ...... Tamara Haegerich Development Research. Email: ta- [email protected]

Fiscal Information: Although a final notice. The actual award of grants is 75.219 (except that the Department may appropriation for FY 2003 has not been pending the availability of funds. select an application for funding enacted, the Institute is inviting Applicable Regulations: The without following the applicable applications now, in accordance with Education Department General procedures if the application was the schedule in the preceding chart, so Administrative Regulations (EDGAR) in evaluated under the preceding that it may be prepared to make awards 34 CFR parts 74, 77, 80, 81, 82, 85, 86 competition of the program; the following final action by Congress on (part 86 applies only to Institutions of application rated high enough to the Department’s appropriation bill. The Higher Education), 97, 98, and 99. In deserve selection; and the application President’s Budget for the Institute for addition 34 CFR part 75 is applicable, was not selected for funding because the FY 2003 includes sufficient funding for except for the provisions in 34 CFR application was mishandled by the all of the competitions included in this 75.102, 75.103, 75.105, 75.109(a), Department), 75.220 and 75.230. 75.200, 75.201, 75.209, 75.210, 75.217,

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Letter of Intent: A letter indicating a L. 105–277) and the Federal Financial the Department is not able to reproduce potential applicant’s intent to submit an Assistance Management Improvement in an alternative format the standard application is optional, but encouraged, Act of 1999, (Pub. L. 106–107) forms included in the application for each application. The letter of intent encourage us to undertake initiatives to package. should be submitted by e-mail by the improve our grant processes. Enhancing date listed in the chart included in this the ability of individuals and entities to Electronic Access to This Document notice to the following address: IES- conduct business with us electronically You may view this document, as well [email protected]. Receipt of the letter is a major part of our response to these as all other Department of Education of intent will be acknowledged by e- Acts. Therefore, we are taking steps to documents published in the Federal mail. adopt the Internet as our chief means of Register, in text or Adobe Portable The letter of intent should not exceed conducting transactions in order to one page in length and should include: improve services to our customers and Document Format (PDF) on the Internet (1) A descriptive title and brief to simplify and expedite our business at the following site: http://www.ed.gov/ description of the research project; (2) processes. legislation/FedRegister. the name, institutional affiliation, We are requiring that applications to To use PDF you must have Adobe address, telephone number and e-mail the FY 2003 competitions be submitted Acrobat Reader, which is available free address of the principal investigator(s); electronically to the following Web site: at this site. If you have questions about and (3) the name and institutional http://ies.asciences.com. Information on using PDF, call the U.S. Government affiliation of any key collaborators. the software to be used in submitting Printing Office (GPO), toll free, at 1– The letter of intent should also: (1) applications is available at the same 888–293–6498; or in the Washington, Indicate the duration of the proposed Web site. project; (2) provide an estimated budget DC area at (202) 512–1530. FOR FURTHER INFORMATION CONTACT: request by year and a total budget The Note: The official version of this document request; and (3) indicate in the e-mail contact person associated with a is the document published in the Federal subject line the RFA number and title of particular program of research is listed Register. Free Internet access to the official the relevant program of research as in the chart included in this notice. edition of the Federal Register and the Code indicated at the following Web site: If you use a telecommunications of Federal Regulations is available on GPO http://www.ed.gov/offices/IES/ device for the deaf (TDD), you may call Access at: http://www.access.gpo.gov/nara/ funding.html. the Federal Information Relay Service index.html. The letter of intent is optional and is (FIRS) at 1–800–877–8339. not binding on applicants. Moreover, it Individuals with disabilities may Program Authority: 20 U.S.C. 9501 et seq. does not enter into or affect the obtain this document in an alternative (the ‘‘Education Sciences Reform Act of subsequent review of applications. The format (e.g., Braille, large print, 2002’’, Title 1 of Public Law 107–279, information in the optional letter of audiotape, or computer diskette) on November 5, 2002). intent will help Institute staff estimate request to the program contact person Dated: December 30, 2002. listed in the chart included in this the potential workload involved in Grover J. Whitehurst, planning the review of applications. notice. Individuals with disabilities may Director, Institute of Education Sciences. Application Procedures obtain a copy of the application package [FR Doc. 03–160 Filed 1–3–03; 8:45 am] The Government Paperwork in an alternative format by contacting BILLING CODE 4000–01–P Elimination Act (GPEA) of 1998, (Pub. the program contact person. However,

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Part V

The President Notice of January 2, 2003—Continuation of the National Emergency With Respect to Libya

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Federal Register Presidential Documents Vol. 68, No. 3

Monday, January 6, 2003

Title 3— Notice of January 2, 2003

The President Continuation of the National Emergency With Respect to Libya

On January 7, 1986, by Executive Order 12543, President Reagan declared a national emergency to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions and policies of the Government of Libya. On January 8, 1986, by Executive Order 12544, the President took additional measures to block Libyan assets in the United States. The President has transmitted a notice continuing this emergency to the Congress and the Federal Register every year since 1986. The crisis between the United States and Libya that led to the declaration of a national emergency on January 7, 1986, has not been resolved. Despite the United Nations Security Council’s suspension of U.N. sanctions against Libya upon the Libyan government’s hand-over of the Pan Am 103 bombing suspects, Libya has not yet complied with its obligations under U.N. Security Council Resolutions 731 (1992), 748 (1992), and 883 (1993), which include Libya’s obligation to accept respon sibility for the actions of its officials and pay compensation. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to Libya. This notice shall be published in the Federal Register and transmitted to the Congress. W THE WHITE HOUSE, January 2, 2003. [FR Doc. 03–312 Filed 1–3–03; 11:03 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 68, No. 3 Monday, January 6, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

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. 240...... 188 Presidential Documents 3 CFR 420...... 402 Executive orders: Executive orders and proclamations 741–6000 Proposed Rules: The United States Government Manual 741–6000 12543 (See Notice of January 2, 2003)...... 661 210...... 160 Other Services 12544 (See Notice of 239...... 160 249...... 160 Electronic and on-line services (voice) 741–6020 January 2, 2003)...... 661 270...... 160 Privacy Act Compilation 741–6064 Administrative orders: 274...... 160 Public Laws Update Service (numbers, dates, etc.) 741–6043 Notices: TTY for the deaf-and-hard-of-hearing 741–6086 Notice of January 2, 18 CFR 2003 ...... 661 Ch. 1 ...... 45 ELECTRONIC RESEARCH 5 CFR 260...... 266 357...... 266 532...... 459, 460 World Wide Web 385...... 266 7 CFR Full text of the daily Federal Register, CFR and other publications 24 CFR is located at: http://www.access.gpo.gov/nara Proposed Rules: Proposed Rules: 300...... 69 Federal Register information and research tools, including Public 92...... 648 Inspection List, indexes, and links to GPO Access are located at: 8 CFR 570...... 648 http://www.archives.gov/federallregister/ 572...... 648 Proposed Rules: E-mail 217...... 292 574...... 648 576...... 648 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 231...... 292 251...... 292 582...... 648 an open e-mail service that provides subscribers with a digital 583...... 648 form of the Federal Register Table of Contents. The digital form 9 CFR 585...... 648 of the Federal Register Table of Contents includes HTML and PDF links to the full text of each document. 317...... 460 30 CFR 381...... 460 To join or leave, go to http://listserv.access.gpo.gov and select 250...... 45 Online mailing list archives, FEDREGTOC-L, Join or leave the list 10 CFR Proposed Rules: (or change settings); then follow the instructions. 72...... 463 944...... 521 PENS (Public Law Electronic Notification Service) is an e-mail 11 CFR 31 CFR service that notifies subscribers of recently enacted laws. 100...... 404, 421 103...... 493 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 102...... 421 33 CFR and select Join or leave the list (or change settings); then follow 104...... 404, 611 the instructions. 105...... 404 Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 108...... 404 151...... 523 109...... 404, 421 respond to specific inquiries. 39 CFR Reference questions. Send questions and comments about the 110...... 421 114...... 421 3001...... 46 Federal Register system to: [email protected] Proposed Rules: The Federal Register staff cannot interpret specific documents or 14 CFR 111...... 530 regulations. 23...... 1, 3 25...... 255 40 CFR FEDERAL REGISTER PAGES AND DATE, JANUARY 39...... 5, 10, 14, 16, 18, 23, 25, 50...... 614 27, 28, 31, 35, 257, 471, 62 ...... 48, 50, 52, 53 1–254...... 2 473, 476, 479, 481, 483, 82...... 238 255–458...... 3 485, 486, 488 180 ...... 269, 274, 283 459–662...... 6 61...... 39 Proposed Rules: 71...43, 44, 259, 260, 261, 262, 62...... 76, 77 263, 490 63 ...... 77, 78, 329 97...... 264, 491 261...... 531 Proposed Rules: 281...... 329 39 ...... 71, 302, 305, 308, 311, 315, 317, 320, 322, 324, 41 CFR 516, 518 Ch. 301 ...... 196 71...... 328 301-10...... 493 15 CFR 43 CFR 902...... 204 1860...... 494 17 CFR 47 CFR 230...... 188 73...... 503, 504

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Proposed Rules: 73...... 532, 533 48 CFR 904...... 55 952...... 55 970...... 55 49 CFR 192...... 56 195...... 56 219...... 57 571...... 504 50 CFR 648 ...... 57, 60, 533 Proposed Rules: 17...... 331

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REMINDERS TRANSPORTATION migratory pelagic Hazardous waste program The items in this list were DEPARTMENT resources; comments authorizations: editorially compiled as an aid Federal Aviation due by 1-16-03; New Jersey; comments due to Federal Register users. Administration published 12-17-02 [FR by 1-15-03; published 12- Inclusion or exclusion from Airworthiness directives: 02-31699] 16-02 [FR 02-31014] this list has no legal Airbus; published 12-2-02 COMMODITY FUTURES Water supply: significance. Boeing; published 12-2-02 TRADING COMMISSION National primary drinking Dassault; published 12-2-02 Commodity pool operators and water regulations— commodity trading advisors: Standard instrument approach Chemical and RULES GOING INTO Commodity pool operators; microbiological EFFECT JANUARY 6, procedures; published 1-6- 03 otherwise regulated contaminants; analytical 2003 persons excluded from method approval; TRANSPORTATION term definition; comments Colitag method; DEPARTMENT AGRICULTURE due by 1-13-03; published additional information; DEPARTMENT National Highway Traffic 12-18-02 [FR 02-31847] comments due by 1-17- Safety Administration Food Safety and Inspection Requirement to register for 03; published 12-31-02 Service Motor vehicle safety CPOs of certain pools [FR 02-32886] standards: Meat and poultry inspection: and CTAs advising such FEDERAL Child restraint systems— Food labeling— pools; exemption; COMMUNICATIONS Safety rating program; comments due by 1-13- COMMISSION Nutrient content claims; consumer information; 03; published 11-13-02 Common carrier services: definition of term published 11-5-02 [FR 02-28820] healthy; published 1-6- International Settlements 03 Defect and noncompliance— DEFENSE DEPARTMENT Policy reform and Manufacturer’s remedy ENERGY DEPARTMENT Debts resulting from erroneous international settlement program; acceleration; payments of pay and rates; comments due by Federal Energy Regulatory published 12-5-02 allowances; waiver; 1-14-03; published 12-17- Commission TRANSPORTATION comments due by 1-13-03; 02 [FR 02-31604] Practice and procedure: DEPARTMENT published 11-14-02 [FR 02- Radio and television Accounting and reporting of Research and Special 28728] broadcasting: financial instruments, Programs Administration Procedures; comments due Broadcast and cable EEO comprehensive income, Hazardous materials: by 1-13-03; published 11- rules and policies— derivatives, and hedging Registration fees and 14-02 [FR 02-28735] Part-time employee activities; published 11-6- Personnel and general claims 02 payment requirements; classification; comments published 9-16-02 and advance decision due by 1-16-03; ENVIRONMENTAL requests; settling and published 12-24-02 [FR PROTECTION AGENCY processing; comments due 02-32474] COMMENTS DUE NEXT by 1-13-03; published 11- Air programs; approval and FEDERAL RESERVE WEEK 14-02 [FR 02-28726] promulgation; State plans SYSTEM for designated facilities and Procedures; comments due Transactions between banks pollutants: AGRICULTURE by 1-13-03; published 11- and their affiliates DEPARTMENT 14-02 [FR 02-28727] Mississippi; published 11-5- (Regulation W): 02 Agricultural Marketing ENERGY DEPARTMENT Service Credit extension; limitation Air quality implementation Floodplain and wetland of member bank’s ability Perishable agricultural plans; approval and environmental review to buy from affiliate under commodities: promulgation; various requirements; compliance; exemption to 100% of States: Fresh and frozen fruits and comments due by 1-17-03; capital stock and surplus; California; published 11-5-02 vegetables, coated or published 11-18-02 [FR 02- comments due by 1-13- Iowa; published 11-6-02 battered; comments due 29071] 03; published 12-12-02 by 1-15-03; published 12- Texas; published 12-5-02 ENVIRONMENTAL [FR 02-30635] 16-02 [FR 02-31583] FEDERAL PROTECTION AGENCY HEALTH AND HUMAN AMERICAN BATTLE COMMUNICATIONS Air quality implementation SERVICES DEPARTMENT MONUMENTS COMMISSION COMMISSION plans; approval and Centers for Medicare & Freedom of Information Act; Digital television stations; table promulgation; various Medicaid Services implementation; comments of assignments: States; air quality planning Medicare: due by 1-14-03; published purposes; designation of Florida; published 11-21-02 Claims appeal procedures; 11-15-02 [FR 02-28900] areas: GENERAL ACCOUNTING changes; comments due COMMERCE DEPARTMENT California; comments due by OFFICE by 1-14-03; published 11- National Oceanic and 1-16-03; published 12-17- 15-02 [FR 02-28296] Bid protest regulations; Atmospheric Administration 02 [FR 02-31679] HEALTH AND HUMAN revision; published 12-31-02 Fishery conservation and Air quality implementation SERVICES DEPARTMENT HEALTH AND HUMAN management: plans; approval and Grants: SERVICES DEPARTMENT Alaska; fisheries of promulgation; various Centers for Medicare & Exclusive Economic States: National Institutes of Health Medicaid Services Zone— Alabama; comments due by center grants; comments due by 1-13-03; published Medicare and Medicaid: Gulf of Alaska groundfish; 1-13-03; published 12-12- 11-12-02 [FR 02-28292] Physicians’ referrals to comments due by 1-13- 02 [FR 02-31236] health care entities with 03; published 12-12-02 Kentucky; comments due by INTERIOR DEPARTMENT which they have financial [FR 02-31368] 1-17-03; published 12-18- Fish and Wildlife Service relationships Caribbean, Gulf, and South 02 [FR 02-31667] Endangered and threatened Effective date partially Atlantic fisheries— Virginia; comments due by species: delayed; published 12- Gulf of Mexico and South 1-15-03; published 12-16- Critical habitat 3-01 Atlantic coastal 02 [FR 02-31469] designations—

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Achyranthes mutica, etc. definition; comments due Aerospatiale; comments due review; comments due by (47 plant species from by 1-15-03; published 12- by 1-13-03; published 12- 1-13-03; published 11-13- Hawaii, HI); comments 3-02 [FR 02-30663] 13-02 [FR 02-31471] 02 [FR 02-28240] due by 1-17-03; Securities, etc.: Boeing; comments due by TREASURY DEPARTMENT published 12-18-02 [FR Sarbarnes-Oxley Act of 1-13-03; published 11-27- 02-31876] 2002; implementation— 02 [FR 02-30027] Alcohol, Tobacco and Marine mammals: Auditor independence, British Aerospace; Firearms Bureau Incidental take during requirements; comments comments due by 1-17- Firearms: specified activities— due by 1-13-03; 03; published 12-10-02 Florida manatees; published 12-13-02 [FR [FR 02-31129] Imported explosive materials watercraft and 02-30884] de Havilland; comments due and identification marking watercraft access SOCIAL SECURITY by 1-17-03; published 11- placement; comments due facilities; comments due ADMINISTRATION 12-02 [FR 02-28617] by 1-14-03; published 10- by 1-13-03; published Organization and procedures: Eurocopter France; 16-02 [FR 02-26253] 11-14-02 [FR 02-28607] Federal claims collection; comments due by 1-17- TREASURY DEPARTMENT 03; published 12-18-02 LABOR DEPARTMENT administrative wage garnishment; comments [FR 02-31830] Internal Revenue Service Mine Safety and Health due by 1-14-03; published Piaggio Aero Industries Administration Income taxes: 11-15-02 [FR 02-28856] S.p.A.; comments due by Coal mine safety and health, Social security benefits and 1-13-03; published 11-21- Redemptions taxable as and education and training: supplemental security 02 [FR 02-29677] dividends; comments due Emergency evacuations; income:: Pratt & Whitney; comments by 1-16-03; published 10- emergency temporary Claimant identification pilot due by 1-14-03; published 18-02 [FR 02-26449] standard; comments due projects; comments due 11-15-02 [FR 02-29002] by 1-13-03; published 12- by 1-14-03; published 11- Quality Aerospace, Inc.; 12-02 [FR 02-31358] 15-02 [FR 02-28957] comments due by 1-13- LIST OF PUBLIC LAWS NATIONAL AERONAUTICS STATE DEPARTMENT 03; published 11-8-02 [FR AND SPACE Exchange Visitor Program: 02-28407] Note: The List of Public Laws ADMINISTRATION Student and Exchange Raytheon; comments due by for the second session of the Acquisition regulations: Visitor Information 1-16-03; published 12-2- 107th Congress has been Government property; System; designated 02 [FR 02-30346] completed. It will resume heritage assets; sponsors access to Rolls-Royce plc; comments when bills are enacted into comments due by 1-13- database; comments due due by 1-14-03; published public law during the next 03; published 11-12-02 by 1-13-03; published 12- 11-15-02 [FR 02-28954] session of Congress. A [FR 02-28084] 12-02 [FR 02-31367] Textron Lycoming; cumulative List of Public Laws Trade Agreements Act; TRANSPORTATION comments due by 1-13- for the second session of the exception for U.S.-made DEPARTMENT 03; published 11-14-02 107th Congress will appear in end products; comments Coast Guard [FR 02-29003] the issue of January 31, 2003. Airworthiness standards: due by 1-13-03; published Anchorage regulations: Last List December 24, 2002 11-12-02 [FR 02-28542] Louisiana; comments due by Special conditions— NUCLEAR REGULATORY 1-13-03; published 11-12- Cessna Model 441 COMMISSION 02 [FR 02-28680] airplanes; comments due by 1-17-03; Production and utilization Ports and waterways safety: Public Laws Electronic published 12-18-02 [FR facilities; domestic licensing: Calvert Cliffs Nuclear Power Notification Service Plant, MD; security zone; 02-31882] (PENS) Light water reactor electric Class E airspace; comments generating plants; comments due by 1-16- 03; published 10-18-02 due by 1-13-03; published voluntary fire protection 11-29-02 [FR 02-29660] requirements; comments [FR 02-26462] PENS is a free electronic mail due by 1-15-03; published TRANSPORTATION TRANSPORTATION notification service of newly 11-1-02 [FR 02-27701] DEPARTMENT DEPARTMENT enacted public laws. To Rulemaking petitions: Computer reservation systems, Federal Motor Carrier Safety subscribe, go to http:// carrier-owned; comments Administration hydra.gsa.gov/archives/ Christian, Lawrence T., et due by 1-14-03; published Motor carrier safety standards: publaws-l.html or send E-mail al.; comments due by 1- 11-15-02 [FR 02-28645] to [email protected] 15-03; published 11-1-02 Intermodal container chassis with the following text [FR 02-27861] TRANSPORTATION and trailers; general DEPARTMENT inspection, repair, and message: Correction; comments due Federal Aviation maintenance by 1-15-03; published requirements; negotiated SUBSCRIBE PUBLAWS-L 11-7-02 [FR 02-28360] Administration Your Name. Airports: rulemaking process; intent Leyse, Robert H.; comments to consider; comments due by 1-16-03; published Passenger facility charge Note: PENS will resume rule; air carriers due by 1-13-03; published 12-2-02 [FR 02-30417] 11-29-02 [FR 02-30102] service when bills are enacted compensation; revisions; into law during the next SECURITIES AND comments due by 1-13- TRANSPORTATION session of Congress. This EXCHANGE COMMISSION 03; published 11-27-02 DEPARTMENT service is strictly for E-mail Investment companies: [FR 02-30103] Research and Special notification of new laws. The Research and development Airworthiness directives: Programs Administration text of laws is not available companies; nonexclusive de Havilland; comments due Pipeline safety: through this service. PENS safe harbor from by 1-13-03; published 11- Gas pipeline safety cannot respond to specific investment company 8-02 [FR 02-28409] standards; regulatory inquiries sent to this address.

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

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–048–00097–6) ...... 13.00 Apr. 1, 2002 100–135 ...... (869–048–00151–4) ...... 42.00 July 1, 2002 ...... 28 Parts: ...... 136–149 (869–048–00152–2) 58.00 July 1, 2002 150–189 ...... 0-42 ...... (869–048–00098–4) ...... 58.00 July 1, 2002 (869–048–00153–1) 47.00 July 1, 2002 190–259 ...... (869–048–00154–9) ...... 37.00 July 1, 2002 43-end ...... (869-048-00099-2) ...... 55.00 July 1, 2002 260–265 ...... (869–048–00155–7) ...... 47.00 July 1, 2002 29 Parts: 266–299 ...... (869–048–00156–5) ...... 47.00 July 1, 2002 0–99 ...... (869–048–00100–0) ...... 45.00 8July 1, 2002 300–399 ...... (869–048–00157–3) ...... 43.00 July 1, 2002 100–499 ...... (869–048–00101–8) ...... 21.00 July 1, 2002 400–424 ...... (869–048–00158–1) ...... 54.00 July 1, 2002 500–899 ...... (869–048–00102–6) ...... 58.00 July 1, 2002 425–699 ...... (869–048–00159–0) ...... 59.00 July 1, 2002 900–1899 ...... (869–048–00103–4) ...... 35.00 July 1, 2002 700–789 ...... (869–048–00160–3) ...... 58.00 July 1, 2002 1900–1910 (§§ 1900 to 790–End ...... (869–048–00161–1) ...... 45.00 July 1, 2002 1910.999) ...... (869–048–00104–2) ...... 58.00 July 1, 2002 41 Chapters: 1910 (§§ 1910.1000 to 3 8 1, 1–1 to 1–10 ...... 13.00 July 1, 1984 end) ...... (869–048–00105–1) ...... 42.00 July 1, 2002 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–048–00106–9) ...... 29.00 July 1, 2002 3–6 ...... 14.00 3 July 1, 1984 1926 ...... (869–048–00107–7) ...... 47.00 July 1, 2002 7 ...... 6.00 3 July 1, 1984 1927–End ...... (869–048–00108–5) ...... 59.00 July 1, 2002 8 ...... 4.50 3 July 1, 1984 30 Parts: 9 ...... 13.00 3 July 1, 1984 1–199 ...... (869–048–00109–3) ...... 56.00 July 1, 2002 10–17 ...... 9.50 3 July 1, 1984 200–699 ...... (869–048–00110–7) ...... 47.00 July 1, 2002 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–048–00111–5) ...... 56.00 July 1, 2002 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 31 Parts: 19–100 ...... 13.00 3 July 1, 1984 0–199 ...... (869–048–00112–3) ...... 35.00 July 1, 2002 1–100 ...... (869–048–00162–0) ...... 23.00 July 1, 2002 200–End ...... (869–048–00113–1) ...... 60.00 July 1, 2002 101 ...... (869–048–00163–8) ...... 43.00 July 1, 2002 32 Parts: 102–200 ...... (869–048–00164–6) ...... 41.00 July 1, 2002 1–39, Vol. I ...... 15.00 2 July 1, 1984 201–End ...... (869–048–00165–4) ...... 24.00 July 1, 2002 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–048–00114–0) ...... 56.00 July 1, 2002 *1–399 ...... (869–048–00166–2) ...... 56.00 Oct. 1, 2002 ...... 191–399 ...... (869–048–00115–8) ...... 60.00 July 1, 2002 400–429 (869–048–00167–1) 59.00 Oct. 1, 2002 430–End ...... (869–048–00168–9) ...... 61.00 Oct. 1, 2002 400–629 ...... (869–048–00116–6) ...... 47.00 July 1, 2002 630–699 ...... (869–048–00117–4) ...... 37.00 July 1, 2002 43 Parts: 700–799 ...... (869–048–00118–2) ...... 44.00 July 1, 2002 *1–999 ...... (869–048–00169–7) ...... 47.00 Oct. 1, 2002 800–End ...... (869–048–00119–1) ...... 46.00 July 1, 2002 1000–end ...... (869–048–00170–1) ...... 59.00 Oct. 1, 2002 33 Parts: 44 ...... (869–048–00171–9) ...... 47.00 Oct. 1, 2002 1–124 ...... (869–048–00120–4) ...... 47.00 July 1, 2002 45 Parts: 125–199 ...... (869–048–00121–2) ...... 60.00 July 1, 2002 1–199 ...... (869–048–00172–7) ...... 57.00 Oct. 1, 2002 200–End ...... (869–048–00122–1) ...... 47.00 July 1, 2002 200–499 ...... (869–048–00173–5) ...... 31.00 9Oct. 1, 2002 34 Parts: *500–1199 ...... (869–048–00174–3) ...... 47.00 Oct. 1, 2002 1–299 ...... (869–048–00123–9) ...... 45.00 July 1, 2002 1200–End ...... (869–048–00175–1) ...... 57.00 Oct. 1, 2002 300–399 ...... (869–048–00124–7) ...... 43.00 July 1, 2002 46 Parts: 400–End ...... (869–048–00125–5) ...... 59.00 July 1, 2002 1–40 ...... (869–048–00176–0) ...... 44.00 Oct. 1, 2002 35 ...... (869–048–00126–3) ...... 10.00 7July 1, 2002 41–69 ...... (869–048–00177–8) ...... 37.00 Oct. 1, 2002 70–89 ...... (869–048–00178–6) ...... 14.00 Oct. 1, 2002 36 Parts 90–139 ...... (869–044–00179–9) ...... 41.00 Oct. 1, 2001 ...... 1–199 (869–048–00127–1) 36.00 July 1, 2002 140–155 ...... (869–048–00180–8) ...... 24.00 9Oct. 1, 2002 ...... 200–299 (869–048–00128–0) 35.00 July 1, 2002 156–165 ...... (869–048–00181–6) ...... 31.00 9Oct. 1, 2002 ...... 300–End (869–048–00129–8) 58.00 July 1, 2002 *166–199 ...... (869–048–00182–4) ...... 44.00 Oct. 1, 2002 37 ...... (869–048–00130–1) ...... 47.00 July 1, 2002 *200–499 ...... (869–048–00183–2) ...... 37.00 Oct. 1, 2002 ...... 38 Parts: 500–End (869–048–00184–1) 24.00 Oct. 1, 2002 0–17 ...... (869–048–00131–0) ...... 57.00 July 1, 2002 47 Parts: 18–End ...... (869–048–00132–8) ...... 58.00 July 1, 2002 *0–19 ...... (869–048–00185–9) ...... 57.00 Oct. 1, 2002 20–39 ...... (869–048–00186–7) ...... 45.00 Oct. 1, 2002 39 ...... (869–048–00133–6) ...... 40.00 July 1, 2002 40–69 ...... (869–044–00187–0) ...... 36.00 Oct. 1, 2001 40 Parts: 70–79 ...... (869–044–00188–8) ...... 58.00 Oct. 1, 2001 1–49 ...... (869–048–00134–4) ...... 57.00 July 1, 2002 80–End ...... (869–044–00189–6) ...... 55.00 Oct. 1, 2001 50–51 ...... (869–048–00135–2) ...... 40.00 July 1, 2002 48 Chapters: 52 (52.01–52.1018) ...... (869–048–00136–1) ...... 55.00 July 1, 2002 1 (Parts 1–51) ...... (869–044–00190–0) ...... 60.00 Oct. 1, 2001 52 (52.1019–End) ...... (869–048–00137–9) ...... 58.00 July 1, 2002 1 (Parts 52–99) ...... (869–044–00191–8) ...... 45.00 Oct. 1, 2001 53–59 ...... (869–048–00138–7) ...... 29.00 July 1, 2002 2 (Parts 201–299) ...... (869–048–00192–1) ...... 53.00 Oct. 1, 2002 60 (60.1–End) ...... (869–048–00139–5) ...... 56.00 July 1, 2002 3–6 ...... (869–048–00193–0) ...... 30.00 Oct. 1, 2002 60 (Apps) ...... (869–048–00140–9) ...... 51.00 8July 1, 2002 7–14 ...... (869–044–00194–2) ...... 51.00 Oct. 1, 2001 61–62 ...... (869–048–00141–7) ...... 38.00 July 1, 2002 15–28 ...... (869–044–00195–1) ...... 53.00 Oct. 1, 2001 63 (63.1–63.599) ...... (869–048–00142–5) ...... 56.00 July 1, 2002 29–End ...... (869–048–00196–4) ...... 38.00 9Oct. 1, 2002 63 (63.600–63.1199) ...... (869–048–00143–3) ...... 46.00 July 1, 2002 63 (63.1200-End) ...... (869–048–00144–1) ...... 61.00 July 1, 2002 49 Parts: 64–71 ...... (869–048–00145–0) ...... 29.00 July 1, 2002 *1–99 ...... (869–048–00197–2) ...... 56.00 Oct. 1, 2002 72–80 ...... (869–048–00146–8) ...... 59.00 July 1, 2002 100–185 ...... (869–044–00198–5) ...... 60.00 Oct. 1, 2001 81–85 ...... (869–048–00147–6) ...... 47.00 July 1, 2002 186–199 ...... (869–048–00199–9) ...... 18.00 Oct. 1, 2002 86 (86.1–86.599–99) ...... (869–048–00148–4) ...... 52.00 8July 1, 2002 200–399 ...... (869–044–00200–1) ...... 60.00 Oct. 1, 2001 86 (86.600–1–End) ...... (869–048–00149–2) ...... 47.00 July 1, 2002 400–999 ...... (869–044–00201–9) ...... 58.00 Oct. 1, 2001 87–99 ...... (869–048–00150–6) ...... 57.00 July 1, 2002 1000–1199 ...... (869–048–00202–2) ...... 25.00 Oct. 1, 2002

VerDate Dec 13 2002 18:52 Jan 03, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\06JACL.LOC 06JACL Federal Register / Vol. 68, No. 3 / Monday, January 6, 2003 / Reader Aids vii

Title Stock Number Price Revision Date 1200–End ...... (869–048–00203–1) ...... 30.00 Oct. 1, 2002 50 Parts: 1–199 ...... (869–044–00204–3) ...... 63.00 Oct. 1, 2001 *200–599 ...... (869–048–00206–5) ...... 38.00 Oct. 1, 2002 600–End ...... (869–044–00206–0) ...... 55.00 Oct. 1, 2001 CFR Index and Findings Aids ...... (869–048–00047–0) ...... 59.00 Jan. 1, 2002 Complete 2001 CFR set ...... 1,195.00 2001 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2000 Individual copies ...... 2.00 2000 Complete set (one-time mailing) ...... 290.00 2000 Complete set (one-time mailing) ...... 247.00 1999 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2001, through January 1, 2002. The CFR volume issued as of January 1, 2001 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2001. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2001, through April 1, 2002. The CFR volume issued as of April 1, 2001 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2001. The CFR volume issued as of July 1, 2000 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2001, through July 1, 2002. The CFR volume issued as of July 1, 2001 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2001, through October 1, 2002. The CFR volume issued as of October 1, 2001 should be retained.

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