11–3–03 Monday Vol. 68 No. 212 Nov. 3, 2003
Pages 62213–62350
VerDate jul 14 2003 17:53 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\03NOWS.LOC 03NOWS
1 II Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003
The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public Subscriptions: interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the 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 Federal Register Table of Contents via e-mail authenticates the Federal Register as the official serial publication Subscribe to FEDREGTOC, to receive the Federal Register Table of established under the Federal Register Act. Under 44 U.S.C. 1507, Contents in your e-mail every day. the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. If you get the HTML version, you can click directly to any document It is also available online at no charge as one of the databases in the issue. on GPO Access, a service of the U.S. Government Printing Office. To subscribe, go to http://listserv.access.gpo.gov and select: The online edition of the Federal Register www.access.gpo.gov/ Online mailing list archives nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the FEDREGTOC-L official legal equivalent of the paper and microfiche editions (44 Join or leave the list U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day Then follow the instructions. the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via email at [email protected]. The Support Team is available between 7:00 a.m. and 5:30 p.m. Eastern Time, Monday–Friday, except official 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 40% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, [email protected]. 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. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.
.
VerDate jul 14 2003 17:53 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\03NOWS.LOC 03NOWS
2 III
Contents Federal Register Vol. 68, No. 212
Monday, November 3, 2003
Agricultural Marketing Service Drug Enforcement Administration RULES PROPOSED RULES Organic Foods Production Act: Controlled substances; manufacturers, distributors, and National Organic Program; National List of Allowed and dispensers; registration: Prohibited Substances; amendments, 62215–62218 Long term care facilities; controlled substances surplus accumulation; prevention, 62255–62259 Agriculture Department NOTICES See Agricultural Marketing Service Applications, hearings, determinations, etc.: See Animal and Plant Health Inspection Service Shani Distributors, 62324–62327 See Farm Service Agency See Food Safety and Inspection Service Education Department See Rural Business-Cooperative Service NOTICES See Rural Housing Service Agency information collection activities; proposals, See Rural Utilities Service submissions, and approvals, 62285–62286 RULES Meetings: Export sales reporting requirements: Historically Black Colleges and Universities, Presidents’ Reporting obligations and technologies, and weekly Board of Advisors, 62286 reports, 62213–62215 Employment and Training Administration Alcohol and Tobacco Tax and Trade Bureau NOTICES PROPOSED RULES Adjustment assistance: Alcohol; viticultural area designations: Alaska Commercial Fisheries Entry Commission, 62331 Ribbon Ridge, Yamhill County, OR, 62259–62263 Alkahn Labels, 62331 Animal and Plant Health Inspection Service American Uniform Co., 62331 Fishing Vessels— RULES KAJA MARIE, 62331 Biological agents and toxins; possession, use, and transfer: Karen Manufacturing, 62331 Agricultural Bioterrorism Protection Act of 2002; Lala Ellen Knitting, 62331 implementation— New York Airbrake Corp., 62332 Provisional registration certificates for individuals and Saint-Gobain Calmar, Inc., 62332 entities and provisional grants of access to Thantex Specialties, Inc., 62332 biological agents and toxins for individuals, Wellington Synthetic Fibers, 62332 62218–62221 Interstate transportation of animals and animal products (quarantine): Energy Department Swine; inspection and interstate movement within See Federal Energy Regulatory Commission production system, 62225–62226 NOTICES User fees: Meetings: Veterinary services— Environmental Management Site-Specific Advisory Miami International Airport, FL; animal ramp, 62226– Board— 62227 Idaho National Engineering and Environmental Laboratory, ID, 62286–62287 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Environmental Protection Agency RULES Citizenship and Immigration Services Bureau Air quality implementation plans; approval and NOTICES promulgation; various States; air quality planning Agency information collection activities; proposals, purposes; designation of areas: submissions, and approvals, 62309–62311 Arizona, 62239–62245 Air quality implementation plans; approval and Commerce Department promulgation; various States: See Industry and Security Bureau Kentucky, 62236–62239 See International Trade Administration PROPOSED RULES See National Oceanic and Atmospheric Administration Air quality implementation plans; approval and promulgation; various States; air quality planning Comptroller of the Currency purposes; designation of areas: NOTICES Arizona, 62264 Agency information collection activities; proposals, Air quality implementation plans; approval and submissions, and approvals, 62349–62350 promulgation; various States: Kentucky, 62263–62264 Defense Department Hazardous waste program authorizations: See Navy Department South Dakota, 62264–62267
VerDate jul<14>2003 17:54 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\03NOCN.SGM 03NOCN IV Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Contents
NOTICES Environmental statements; notice of intent: Agency information collection activities; proposals, Southern Idaho ground squirrel; programmatic candidate submissions, and approvals, 62289–62295 conservation agreement with assurances, 62315– Air pollution control; new motor vehicles and engines: 62316 California pollution control standards— Meetings: Federal preemption waiver request; public hearing Trinity Adaptive Management Working Group, 62316 opportunity, 62285 Food and Drug Administration Farm Service Agency NOTICES RULES Reports and guidance documents; availability, etc.: Program regulations: Premarket approval application modular review, 62298– Citizenship requirements and loan eligibility regulations; 62299 technical changes, 62221–62225
Federal Aviation Administration Food Safety and Inspection Service RULES RULES Airworthiness directives: Meat and poultry inspection: Eurocopter France, 62233–62234 Safe and suitable binder or antimicrobial agent usage in McDonnell Douglas, 62231–62233 products with standards of identity or composition, Pratt & Whitney, 62228–62231 62228 Standard instrument approach procedures, 62234–62236 NOTICES Government Ethics Office Passenger facility charges; applications, etc.: RULES Hector International Airport, ND, 62340–62341 Organization, functions, and authority delegations, 62213 Klamath Falls Airport, OR, 62341 Salt Lake City International Airport, UT, 62342 Health and Human Services Department See Food and Drug Administration Federal Bureau of Investigation See Health Resources and Services Administration NOTICES See National Institutes of Health Agency information collection activities; proposals, RULES submissions, and approvals, 62327–62328 Quarantine, inspection, and licensing: Select agents and toxins; possession, use, and transfer, Federal Communications Commission 62245–62247 RULES NOTICES Common carrier services: Federal claims; interest rates on overdue debts, 62298 Individuals with hearing and speech disabilities; improved telecommunications relay and speech-to- Health Resources and Services Administration speech services, 62249 NOTICES Satellite communications— Grants and cooperative agreements; availability, etc.: Satellite licensing procedures, 62247–62249 Nurse Practitioner and Nurse-Midwifery Education Program guidelines; Advanced Education Nursing Federal Deposit Insurance Corporation Program, 62299–62301 NOTICES Privacy Act: Agency information collection activities; proposals, Systems of records, 62301–62304 submissions, and approvals, 62349–62350 Homeland Security Department Federal Energy Regulatory Commission See Citizenship and Immigration Services Bureau NOTICES NOTICES Hydroelectric applications, 62287–62289 Organization, functions, and authority delegations: Applications, hearings, determinations, etc.: National Communications System; manager designation, SCG Pipeline, Inc., 62287 62308–62309 Federal Highway Administration Housing and Urban Development Department NOTICES NOTICES Environmental statements; notice of intent: Grant and cooperative agreement awards: Chisago County, MN and Polk County, WI, 62342–62343 Alaska Native/Native Hawaiian Institutions Assisting Financial Management Service Communities Program, 62311–62312 See Fiscal Service Hispanic-Serving Institutions Assisting Communities Program, 62312–62313 Fiscal Service Historically Black Colleges and Universities Program, NOTICES 62313–62314 Agency information collection activities; proposals, Tribal Colleges and Universities Program, 62314 submissions, and approvals, 62348–62349 Industry and Security Bureau Fish and Wildlife Service NOTICES NOTICES Meetings: Endangered and threatened species permit applications, Information Systems Technical Advisory Committee, 62314–62315 62279
VerDate jul<14>2003 17:54 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\03NOCN.SGM 03NOCN Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Contents V
Interior Department Meetings: See Fish and Wildlife Service National Center for Research Resources, 62305–62306 See Land Management Bureau National Heart, Lung, and Blood Institute, 62306 See Minerals Management Service National Institute of Diabetes and Digestive and Kidney See National Park Service Diseases, 62307–62308 National Institute of Environmental Health Sciences, International Trade Administration 62307 NOTICES National Institute of Neurological Disorders and Stroke, Antidumping: 62306–62307 Fresh tomatoes from— National Institute on Aging, 62308 Mexico, 62281–62282 National Institute on Drug Abuse, 62306 Antidumping and countervailing duties: Patent licenses; non-exclusive, exclusive, or partially Administrative review requests, 62279–62280 exclusive: Five-year (sunset) reviews— K-Biotech, PTY, 62308 Initiation of reviews, 62280–62281 Countervailing duties: Carbon and alloy steel wire rod from— National Oceanic and Atmospheric Administration Canada, 62282–62284 RULES Fishery conservation and management: International Trade Commission Northeastern United States fisheries— NOTICES Atlantic surfclam and ocean quahog, 62250 Import investigations: Summer flounder, scup, and black sea bass, 62250– Preserved mushrooms from— 62254 Various countries, 62322–62324 PROPOSED RULES Fishery conservation and management: Justice Department Caribbean, Gulf, and South Atlantic fisheries— See Drug Enforcement Administration Atlantic States dolphin and wahoo, 62267–62278 See Federal Bureau of Investigation NOTICES Meetings: Labor Department Mid-Atlantic Fishery Management Council, 62284 See Employment and Training Administration National Sea Grant Review Panel, 62284–62285 NOTICES International Labor Affairs Bureau Bahrain; labor rights and laws governing exploitative National Park Service child labor; information request, 62328–62329 NOTICES Dominican Republic; labor rights and laws governing Agency information collection activities; proposals, exploitative child labor; information request, 62329– submissions, and approvals, 62317 62330 Meetings: Cape Cod National Seashore Advisory Commission, Land Management Bureau 62317–62319 NOTICES Christmas Pageant of Peace, 62319 Meetings: Kaloko-Honokohau National Historical Park Advisory Resource Advisory Councils— Commission, 62319 John Day/Snake, 62316 Native American human remains, funerary objects; Minerals Management Service inventory, repatriation, etc.: NOTICES Bernice Pauahi Bishop Museum, Honolulu, HI; Agency information collection activities; proposals, correction, 62319–62320 submissions, and approvals, 62316–62317 Phoebe A. Hearst Museum of Anthropology, University of California, CA, 62320–62321 National Foundation on the Arts and the Humanities Thomas Burke Memorial Washington State Museum, NOTICES Seattle, WA, 62321–62322 Meetings: Combined Arts Advisory Panel, 62332–62333 Navy Department National Highway Traffic Safety Administration NOTICES Inventions, Government-owned; availability for licensing, NOTICES Motor vehicle safety standards: 62285 Nonconforming vehicles— Importation eligibility; determinations, 62343–62346 Nuclear Regulatory Commission Motor vehicle safety standards; exemption petitions, etc.: NOTICES Ford Motor Co., 62346–62347 Regulatory guides; issuance, availability, and withdrawal, 62333 National Institutes of Health Applications, hearings, determinations, etc.: NOTICES Carolina Power & Light Co., 62333 Agency information collection activities; proposals, submissions, and approvals, 62304–62305 Inventions, Government-owned; availability for licensing, Public Debt Bureau 62305 See Fiscal Service
VerDate jul<14>2003 17:54 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\03NOCN.SGM 03NOCN VI Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Contents
Rural Business-Cooperative Service Surface Transportation Board RULES NOTICES Program regulations: Railroad operation, acquisition, construction, etc.: Citizenship requirements and loan eligibility regulations; Burlington Northern & Santa Fe Railway Co., 62347– technical changes, 62221–62225 62348
Tennessee Valley Authority Rural Housing Service NOTICES RULES Meetings; Sunshine Act, 62339–62340 Program regulations: Citizenship requirements and loan eligibility regulations; Thrift Supervision Office technical changes, 62221–62225 NOTICES Agency information collection activities; proposals, Rural Utilities Service submissions, and approvals, 62349–62350 RULES Program regulations: Transportation Department Citizenship requirements and loan eligibility regulations; See Federal Aviation Administration technical changes, 62221–62225 See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board Securities and Exchange Commission NOTICES Treasury Department Meetings; Sunshine Act, 62333–62334 See Alcohol and Tobacco Tax and Trade Bureau Self-regulatory organizations; proposed rule changes: See Comptroller of the Currency American Stock Exchange LLC, 62334–62337 See Fiscal Service Chicago Board Options Exchange, Inc., 62337–62339 See Thrift Supervision Office
Small Business Administration NOTICES Reader Aids Disaster loan areas: Consult the Reader Aids section at the end of this issue for California, 62339 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents State Department LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Meetings: archives, FEDREGTOC-L, Join or leave the list (or change Labor Diplomacy Advisory Committee, 62339 settings); then follow the instructions.
VerDate jul<14>2003 17:54 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\03NOCN.SGM 03NOCN Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Contents VII
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.
5 CFR 2600...... 62213 7 CFR 20...... 62213 205...... 62215 331...... 62218 762...... 62221 764...... 62221 1910...... 62221 1924...... 62221 1941...... 62221 1943...... 62221 1955...... 62221 9 CFR 71...... 62225 121...... 62218 130...... 62226 319...... 62228 381...... 62228 14 CFR 39 (3 documents) ...... 62228, 62231, 62233 97...... 62234 21 CFR Proposed Rules: 1300...... 62255 1301...... 62255 1304...... 62255 1307...... 62255 27 CFR Proposed Rules: 9...... 62259 40 CFR 52 (2 documents) ...... 62236, 62239 81...... 62239 Proposed Rules: 52 (2 documents) ...... 62263, 62264 81...... 62264 271...... 62264 42 CFR 73...... 62245 47 CFR 25...... 62247 64...... 62249 50 CFR 648 (2 documents) ...... 62250 Proposed Rules: 600...... 62267 622...... 62267
VerDate jul 14 2003 17:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\03NOLS.LOC 03NOLS 62213
Rules and Regulations Federal Register Vol. 68, No. 212
Monday, November 3, 2003
This section of the FEDERAL REGISTER amendment to OGE’s organization and List of Subjects in 5 CFR Part 2600 contains regulatory documents having general functions regulation as recently revised. Conflict of interests, Government applicability and legal effect, most of which The notice, comment, and delayed are keyed to and codified in the Code of employees, Organization and functions effective date are being waived because (Government agencies). Federal Regulations, which is published under this amendment concerns matters of 50 titles pursuant to 44 U.S.C. 1510. agency organization, practice and Approved: October 28, 2003. Amy L. Comstock, The Code of Federal Regulations is sold by procedure. Director, Office of Government Ethics. the Superintendent of Documents. Prices of Executive Order 12866 new books are listed in the first FEDERAL ■ Accordingly, for the reasons set forth REGISTER issue of each week. In promulgating this clarifying in the preamble, the Office of amendment, OGE has adhered to the Government Ethics is amending 5 CFR regulatory philosophy and the part 2600 as follows: OFFICE OF GOVERNMENT ETHICS applicable principles of regulation set PART 2600—ORGANIZATION AND 5 CFR Part 2600 forth in section 1 of Executive Order 12866, Regulatory Planning and Review. FUNCTIONS OF THE OFFICE OF RIN 3209–AA21 This amendment has not been reviewed GOVERNMENT ETHICS by the Office of Management and ■ Office of Government Ethics 1. The authority citation for part 2600 Budget under that Executive Order, continues to read as follows: Organization and Functions since it is not deemed ‘‘significant’’ Regulation; Clarifying Amendment Authority: 5 U.S.C. App. (Ethics in thereunder. Government Act of 1978); E.O. 12674, 54 FR AGENCY: Office of Government Ethics Executive Order 12988 15159, 3 CFR, 1989 Comp., p. 215, as (OGE). modified by E.O. 12731, 55 FR 42547, 3 CFR, ACTION: Final rule; amendment. As Director of the Office of 1990 Comp., p. 306. Government Ethics, I have reviewed this ■ 2. Section 2600.103 is amended by SUMMARY: The Office of Government final regulatory amendment in light of Ethics recently published in the Federal revising paragraph (c)(2) to read as section 3 of Executive Order 12988, follows: Register its final rule updated Civil Justice Reform, and certify that it organization and functions regulation. meets the applicable standards provided § 2600.103 Office of Government Ethics This amendment clarifies one section of therein. organization and functions. that updated regulation regarding the Regulatory Flexibility Act * * * * * principal deputy role of OGE’s General (c) * * * Counsel. As Director of the Office of (2) The General Counsel is the EFFECTIVE DATE: November 3, 2003. Government Ethics, I certify under the principal deputy of the Director of OGE, FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act (5 U.S.C. except as the Director expressly Elizabeth Horton, Attorney Advisor, chapter 6) that this amendatory provides by written delegation. Office of Government Ethics; telephone: rulemaking will not have a significant * * * * * 202–482–9300; TDD economic impact on a substantial [FR Doc. 03–27518 Filed 10–31–03; 8:45 am] (Telecommunications Device for the number of small entities. BILLING CODE 6345–02–P Deaf and Speech Impaired): 202–482– 9293; FAX: 202–482–9237. Paperwork Reduction Act SUPPLEMENTARY INFORMATION: Section The Paperwork Reduction Act (44 DEPARTMENT OF AGRICULTURE 2600.103(c)(2) of OGE’s recently U.S.C. chapter 35) does not apply updated organization and functions because this amendatory rulemaking Office of the Secretary regulation as published at 68 FR 41681– does not contain information collection 41683 (July 15, 2003) provides that the requirements that require the approval 7 CFR Part 20 OGE General Counsel serves as the of the Office of Management and principal deputy of the Director of OGE. Budget. Export Sales Reporting Requirements This amendment to that section clarifies AGENCY: Office of the Secretary, USDA. that OGE’s General Counsel so serves, Congressional Review Act ACTION: Final rule. except as the OGE Director expressly The Office of Government Ethics has provides by written delegation. determined that this amendatory SUMMARY: This final rule amends the Matters of Regulatory Procedure rulemaking is a nonmajor rule under the Export Sales Reporting Regulation to Congressional Review Act (5 U.S.C. clarify certain agency interpretations Administrative Procedure Act chapter 8) and will submit a report relating to reporting obligations; adopts Pursuant to 5 U.S.C. 553(b) and (d), as thereon to the U.S. Senate, House of provisions incorporating new reporting Director of the Office of Government Representatives, and General technologies; and extends the time for Ethics, I find good cause exists for Accounting Office in accordance with submitting weekly reports. These waiving the general notice of proposed that law at the same time this changes will simplify the reporting rulemaking, opportunity for public rulemaking document is sent to the requirements and ensure the accuracy of comment, and 30-day delay in Office of the Federal Register for U.S. export sales reporting. effectiveness as to this clarifying publication in the Federal Register. EFFECTIVE DATE: December 3, 2003.
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62214 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT: Tim Coordinator, at (202) 720–2568 or e-mail more time to submit the weekly report; Rocke, Marketing Operations Staff, Stop at [email protected]. specifies that information from daily 1025, U.S. Department of Agriculture, reports will be made available to the Background 1400 Independence Avenue, SW., public at 9 a.m. daily; and makes other Washington, DC 20250–1025, or Section 602 of the Agricultural Trade non-substantive changes. Act of 1978, as amended, requires the telephone at (202) 720–3274, or e-mail List of Subjects in 7 CFR Part 20 at [email protected]. reporting of information pertaining to contracts for export sale of certain Agricultural commodities, Exports, SUPPLEMENTARY INFORMATION: specified agricultural commodities and Reporting and recordkeeping Executive Order 12372 other commodities that may be requirements. designated by the Secretary. In ■ Accordingly, for the reasons set forth This program is not subject to the accordance with Sec. 602, individual provision of Executive Order 12372, in the preamble, 7 CFR part 20 is weekly reports submitted shall remain amended as follows: which requires intergovernmental confidential and shall be compiled and consultation with State or local officials published in compilation form each PART 20—EXPORT SALES (See notice related to 7 CFR part 3015, week following the week of reporting. REPORTING REQUIREMENTS subpart V, published at 48 FR 29115, Any person who knowingly fails to ■ June 24, 1983). make a report shall be fined not more 1. The authority citation for part 20 continues to read as follows: Executive Order 12988 than $25,000 or imprisoned for not more than one year, or both. Regulations at 7 Authority: 7 U.S.C. 5712. This final rule has been reviewed CFR part 20 implement the reporting ■ 2. Section 20.4 is amended by revising under Executive Order 12988. The requirements, and prescribe a system for the first sentence of paragraph (c), provisions of this final rule will have reporting information pertaining to revising the last sentence of paragraph preemptive effect with respect to any contracts for export sales. (d), and revising paragraph (g) to read as state or local laws, regulations, or Section 913(b)(1) of Public Law 106– follows: policies which conflict with such 78 requires implementation of an provisions or which otherwise impede electronic system for reporting export § 20.4 Definitions. their full implementation. This final sales information regarding beef. On * * * * * rule will not have retroactive effect. October 11, 2001, the Department (c) Commodity. Wheat and wheat Administrative proceedings are not published a notice in the Federal flour, feed grains, oilseeds, cotton, rice, required before parties may seek judicial Register, 66 FR 51922, requesting cattle hides and skins, beef, and any review. comments on an electronic reporting products thereof, and any other Executive Order 12866 system that would be applicable to beef agricultural commodity the Secretary and all other commodities subject to the may designate. * * * This final rule is issued in export sales reporting regulations. FAS (d) * * * Country of destination shall conformance with Executive Order received 15 comments, and all be the ultimate destination of the 12866. It has been determined not responses were in favor of electronic export, and shall not be deemed to be significant by the Office of Management reporting. In response to specific the country through which any and Budget (OMB). suggestions in the comments: FAS has transshipment takes place. Regulatory Flexibility Act developed a function that will allow the * * * * * user to view and print the information (g) Exports for exporter’s own This final rule should not have a submitted electronically; in the event of account. A transaction involving significant economic impact on a technical difficulties, FAS will continue shipments made by the reporting substantial number of small entities. to accept alternative means of exporter which are unsold at the time of The time and expense of complying submitting reports; and a user ID, export, shipments on consignment to with this final rule is negligible. Data password and user manual will be selling agents of the reporting exporter required under the final rule are mailed to each participating export firm. for subsequent sale for the account of routinely maintained during the normal In addition, the user manual will be the reporting exporter, shipments by the course of export sales contracting available on the ESR Online Web site: reporting exporter that have not been business activity and changes made by https://ww2.fas.usda.gov/esr_rpt. allocated to any outstanding export sale, this rule should ease any present FAS will proceed to adopt the and shipments from the United States to reporting burdens. A copy of this final electronic reporting system as described any foreign country in bond for rule has been sent to the Chief Counsel, in the October 11, 2001, Federal subsequent shipment to a third country. Office of Advocacy, U.S. Small Business Register document. Additionally, * * * * * Administration. exporters will have the option to satisfy § 20.5 [Amended] Paperwork Reduction Act their export sales reporting obligation represented by forms FAS–97, FAS–98, ■ 3. Section 20.5 is amended by This final rule does not impose any and FAS–100 through e-mail removing the phrase ‘‘and ticker’’ after new reporting or record keeping submission of ASCII comma delimited ‘‘press’’ in the second and third sentence. requirements. The Department uses files. This may be of special significance ■ 4. Section 20.6 is amended by forms FAS–97, FAS–98, FAS–99, FAS– to beef exporters that are required to removing the third and fourth sentences 100, and an electronic reporting system report marketing of beef to the of paragraph (a) introductory text and for the collection of information. OMB Agricultural Marketing Service (AMS) adding five sentences in their place, has assigned control number 0551–0007 pursuant to 7 CFR part 59 (Livestock adding the word ‘‘new’’ before ‘‘export’’ to these forms and has approved current Mandatory Reporting). in the first sentence of each of paragraph collection through July 31, 2004. Copies This final rule also changes the time (a)(1)(ii), (a)(2)(ii), and (a)(3)(ii), revising of the information collection may be that weekly reports must be received by the first sentence of paragraph (k)(1), and obtained from Kimberly Chisley, the FAS from 5 p.m. each Monday to 11:59 revising the first sentence of paragraph Agency Information Collection p.m. Monday, thereby giving exporters (k)(2) to read as follows.
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62215
§ 20.6 Submission of reports. DEPARTMENT OF AGRICULTURE NOS. The NOSB also recommended that (a) * * * If the reporting exporter the Secretary revise the annotation of Agricultural Marketing Service one substance included within determines that the report forms cannot § 205.605. be received in the office specified in 7 CFR Part 205 The NOSB has recommended that the ‘‘20.10 by the time specified in [Docket Number TM–03–02] Secretary add additional substances to paragraph (k) of this section, the §§ 205.605 and 205.606 that have not exporter shall transmit the information RIN 0581–AC27 been included in this final rule but are contained in the report forms by the use under review and, as appropriate, will of FAX, telephone, or electronic National Organic Program; be included in future rulemaking. submission. The required form must be Amendments to the National List of II. Overview of Amendments subsequently submitted in accordance Allowed and Prohibited Substances The following provides an overview with § 20.6(k)(2). Exporters have the AGENCY: Agricultural Marketing Service, of the amendments made to designated option to submit the weekly reports USDA. sections of the National List: using an electronic reporting system ACTION: Final rule. (forms 97e, 98e, and 100e) which may § 205.605 Nonagricultural (nonorganic) be accessed via a secured Internet SUMMARY: This final rule amends the substances allowed as ingredients in or on website. Reporting exporters should U.S. Department of Agriculture’s processed products labeled as ‘‘organic’’ or contact the Export Sales Reporting staff (USDA) National List of Allowed and ‘‘made with organic (specified ingredients to obtain passwords and access to the Prohibited Substances (National List) to or food group(s)).’’ Internet reporting site. Exporters also reflect recommendations submitted to This final rule amends paragraph (a) have the option of satisfying the the Secretary by the National Organic of § 205.605 by adding animal requirements of Forms FAS–97, FAS– Standards Board (NOSB). Consistent enzymes—without Lysosyme, calcium 98, and FAS–100 by submitting ASCII with recommendations from the NOSB, sulfate—mined, and glucono delta- lactone. This final rule also amends comma delimited files via e-mail to the this final rule adds four substances, paragraph (b) of § 205.605 by adding ESR mailbox at [email protected]. along with any restrictive annotations, to the National List, and revises the cellulose. * * * * * annotation of one substance. This final rule revises current (k) Manner and time of reporting—(1) EFFECTIVE DATE: This rule becomes paragraph (b) of § 205.605 by amending Manner. An original of all report forms, effective November 4, 2003. an annotation to read as follows: Potassium hydroxide—prohibited for other than electronic forms and ASCII FOR FURTHER INFORMATION CONTACT: comma delimited files, must be filed use in lye peeling of fruits and Richard H. Mathews, Program Manager, vegetables except when used for peeling with the office specified in § 20.10. National Organic Program, Telephone: peaches during the Individually Quick *** (202) 720–3252; Fax: (202) 205–7808. Frozen (IQF) production process. (2) Time of filing reports. Information SUPPLEMENTARY INFORMATION: III. Related Documents required to be reported weekly (either I. Background via fax, telephone, or electronically) Eight notices were published must be received in the office specified On December 21, 2000, the Secretary regarding the meetings of the NOSB and in § 20.10 no later than 11:59 p.m. established, within the National Organic its deliberations on recommendations eastern time, on each Monday or such Standards (NOS) [7 CFR part 205], the and substances petitioned for amending National List (§§ 205.600 through other time as may be approved in the National List. Substances and 205.607). The National List is the advance by that office. * * * recommendations included in this final Federal list that identifies synthetic rule were announced for NOSB ■ 5. Section 20.7 is amended by revising substances and ingredients that are deliberation in the following Federal the third sentence of the paragraph to allowed and nonsynthetic (natural) Register Notices: (1) 65 FR 64657, read as follows: substances and ingredients that are October 30, 2000, (Animal enzymes); (2) prohibited for use in organic production 66 FR 10873, February 20, 2001, § 20.7 Confidentiality of reports. and handling. Since established, the (Calcium sulfate); (3) 66 FR 48654, * * * Information from daily reports National List has not been amended. September 21, 2001, (Cellulose, and filed by exporters will be made available However, under the authority of the Potassium hydroxide); and (4) 67 FR to the public on the following business Organic Foods Production Act of 1990 54784, August 26, 2002, (Glucono delta- day at 9 a.m., eastern time. * * * (OFPA), as amended (7 U.S.C. 6501 et lactone, and Tetrasodium seq.), the National List can be amended pyrophosphate). § 20.10 [Amended] by the Secretary based on proposed amendments developed by the NOSB. IV. Statutory and Regulatory Authority ■ 6. Section 20.10 is amended by adding This final rule amends the National The OFPA, as amended (7 U.S.C. 6501 the phrase ‘‘FAX: (202) 690–3270 or List to reflect recommendations et seq.), authorizes the Secretary, at (202) 690–3273’’ after ‘‘office’’. submitted to the Secretary by the NOSB § 6517(d)(1), to make amendments to the Signed at Washington, DC, on October 22, from November 15, 2000, through National List based on proposed 2003. September 17, 2002. Between the amendments developed by the NOSB. specified time period, the NOSB has Sections 6518(k)(2) and 6518(n) of A. Ellen Terpstra, recommended that the Secretary add OFPA authorize the NOSB to develop Administrator, Foreign Agricultural Service. five substances to § 205.605 of the proposed amendments to the National [FR Doc. 03–27590 Filed 10–31–03; 8:45 am] National List based on petitions List for submission to the Secretary and BILLING CODE 3410–10–P received from industry participants. establish a petition process by which These substances were evaluated by the persons may petition the NOSB for the NOSB using the criteria specified in purpose of having substances evaluated OFPA (7 U.S.C. 6517 and 6518) and the for inclusion onto or deletion from the
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62216 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
National List. The National List petition U.S.C. 451 et seq.), or the Egg Products beneficial to small agricultural service process is implemented under § 205.607 Inspection Act (21 U.S.C. 1031 et seq.), firms. Accordingly, the Administrator of of the NOS. The current petition process concerning meat, poultry, and egg the AMS hereby certifies that this rule (65 FR 43259) can be accessed through products, nor any of the authorities of will not have a significant economic the NOP Web site at http:// the Secretary of Health and Human impact on a substantial number of small www.ams.usda.gov/nop. Services under the Federal Food, Drug entities. and Cosmetic Act (21 U.S.C. 301 et Small agricultural service firms, A. Executive Order 12866 seq.), nor the authority of the which include producers, handlers, and This action has been determined to be Administrator of the Environmental accredited certifying agents, have been non-significant for purposes of Protection Agency (EPA) under the defined by the Small Business Executive Order 12866, and therefore, Federal Insecticide, Fungicide and Administration (SBA) (13 CFR 121.201) does not have to be reviewed by the Rodenticide Act (7 U.S.C. 136 et seq.). as those having annual receipts of less Office of Management and Budget. Section 2121 of the OFPA (7 U.S.C. than $750,000 and small agricultural B. Executive Order 12988 6520) provides for the Secretary to producers are defined as those having establish an expedited administrative annual receipts of less than $5,000,000. Executive Order 12988 instructs each appeals procedure under which persons The U.S. organic industry at the end executive agency to adhere to certain may appeal an action of the Secretary, of 2001 included nearly 6,600 certified requirements in the development of new the applicable governing State official, crop and livestock operations, including and revised regulations in order to avoid or a certifying agent under this title that organic production and handling unduly burdening the court system. The adversely affects such person or is operations, producers, and handlers. final rule was reviewed under this inconsistent with the organic These operations reported certified Executive Order and no additional certification program established under acreage totaling more than 2.34 million related information has been obtained this title. The OFPA also provides that acres, 72,209 certified livestock, and since then. This final rule is not the U.S. District Court for the district in 5.01 million certified poultry. Data on intended to have a retroactive effect. which a person is located has the numbers of certified handling States and local jurisdictions are jurisdiction to review the Secretary’s operations are not yet available, but preempted under section 2115 of the decision. likely number in the thousands, as they OFPA (7 U.S.C. 6514) from creating would include any operation that programs of accreditation for private C. Regulatory Flexibility Act transforms raw product into processed persons or State officials who want to The Regulatory Flexibility Act (RFA) products using organic ingredients. become certifying agents of organic (5 U.S.C. 601 et seq.) requires agencies Growth in the U.S. organic industry has farms or handling operations. A to consider the economic impact of each been significant at all levels. From 1997 governing State official would have to rule on small entities and evaluate to 2001, the total organic acreage grew apply to USDA to be accredited as a alternatives that would accomplish the by 74 percent; livestock numbers certifying agent, as described in objectives of the rule without unduly certified organic grew by almost 300 § 2115(b) of the OFPA (7 U.S.C. burdening small entities or erecting percent over the same period, and 6514(b)). States are also preempted barriers that would restrict their ability poultry certified organic increased by under §§ 2104 through 2108 of the to compete in the market. The purpose 2,118 percent over this time. Sales OFPA (7 U.S.C. 6503 through 7 U.S.C. is to fit regulatory actions to the scale of growth of organic products has been 6507) from creating certification businesses subject to the action. Section equally significant, growing on average programs to certify organic farms or 605 of the RFA allows an agency to around 20 percent per year. Sales of handling operations unless the State certify a rule, in lieu of preparing an organic products were approximately $1 programs have been submitted to, and analysis, if the rulemaking is not billion in 1993, but are estimated to approved by, the Secretary as meeting expected to have a significant economic reach $13 billion this year, according to the requirements of the OFPA. impact on a substantial number of small the Organic Trade Association (the Pursuant to § 2108(b)(2) of the OFPA entities. association that represents the U.S. (7 U.S.C. 6507(b)(2)), a State organic Pursuant to the requirements set forth organic industry). In addition, USDA certification program may contain in the RFA, the Agricultural Marketing has accredited 85 certifying agents who additional requirements for the Service (AMS) performed an economic have applied to USDA to be accredited production and handling of organically impact analysis on small entities in the in order to provide certification services produced agricultural products that are final rule published in the Federal to producers and handlers. A complete produced in the State and for the Register on December 21, 2000. AMS list of names and addresses of certification of organic farm and has also considered the economic accredited certifying agents may be handling operations located within the impact of this action on small entities found on the AMS NOP Web site, at State under certain circumstances. Such and has determined that this final rule http://www.ams.usda.gov/nop. AMS additional requirements must: (a) will have an impact on a substantial believe that most of these entities would Further the purposes of the OFPA, (b) number of small entities. However, be considered small entities under the not be inconsistent with the OFPA, (c) AMS has determined that the impact on criteria established by the SBA. not be discriminatory toward entities affected by this rule will not be agricultural commodities organically significant. The effect of this rule will be D. Paperwork Reduction Act produced in other States, and (d) not be to allow the use of additional substances Pursuant to the Paperwork Reduction effective until approved by the in agricultural production and handling. Act of 1995, the existing information Secretary. This action relaxes the regulations collection requirements for the NOP are Pursuant to section 2120(f) of the published in the final rule and provides approved under OMB number 0581– OFPA (7 U.S.C. 6519(f)), this regulation small entities with more tools to use in 0181. No additional collection or would not alter the authority of the day-to-day operations. The AMS recordkeeping requirements are Secretary under the Federal Meat concludes that the economic impact of imposed on the public by this final rule. Inspection Act (21 U.S.C. 601 et seq.), this addition of allowed substances, if Accordingly, OMB clearance is not the Poultry Products Inspections Act (21 any, will be minimal and entirely required by section 350(h) of the
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62217
Paperwork Reduction Act, 44 U.S.C. Trypsin) to the National List. All agreed, could have employed to gain a 3501, et seq., or OMB’s implementing however, that it should be listed in successful outcome and therefore the regulation at 5 CFR part 1320. § 205.605 (a) as an allowed nonsynthetic substance should not be allowed. The rather than § 205.605 (b) as an allowed petitioner of this substance provided E. Discussion of Comments synthetic. Because the NOSB substantial supporting data that the The proposed rule was published in recommended it as an allowed NOSB considered in its review of the the Federal Register on May 22, 2003, nonsynthetic, and it was inadvertently substance. The NOSB’s recommended with a ten-day comment period ending listed as an allowed synthetic, the annotation change is based on all of the on June 2, 2003. Eighteen comments substance will be moved to § 205.605 evidence provided. One commenter were received on TM–03–02. All (a), allowed nonsynthetics. suggested this not be restricted to just comments on the proposed rule were Six comments were received in favor peaches, but allowed for ‘‘peeling of posted on the NOP website. of adding Cellulose to the National List. Stone Fruit.’’ However, the petitioner Commenters on proposed rule TM– One commenter was opposed to adding and the NOSB considered only peaches 03–02 were consumers, producers, this substance to the National List and not stone fruit generally. processors, the NOSB, certifying agents, because the substance is synthetic and Accordingly, the annotation is amended food industry organizations, and trade the commenter believes that the as proposed. organizations. The comments received substance is not essential to any product Pursuant to 5 U.S.C. 553, it is found were for amending the National List of formulation. The commenter also stated and determined that good cause exists Allowed and Prohibited Substances by that there are a number of analogous adding to: § 205.605(a): Calcium sulfate- for not postponing the effective date of substances already on the National List this action until 30 days after mined, and glucono delta-lactone; and as allowed substances that can fulfill the to § 205.605(b): animal enzymes-without publication in the Federal Register. role. One commenter requested that the This rule reflects recommendations Lysosyme, cellulose, and terasodium annotation be separated to avoid pyrophosphate. The commenters were submitted to the Secretary by the NOSB. confusion with other cellulose derivates The substances to be added to the also for amending the annotation for that are used as food additives and have potassium hydroxide as follows: National List were based on petitions been rejected by the NOSB. The NOSB Potassium hydroxide-prohibited for use from the industry and evaluated by the considered the issues raised by both in lye peeling of fruits and vegetables NOSB using criteria in the Act and commenters in formulating its except when used for peeling peaches regulations. Because these substances recommendation and we believe that no during the Individually Quick Frozen are critical to organic production and further change is needed based on these (IQF) production process. handling, the National List should be We received five comments on comments. In light of this, this amended as soon as possible. substance will be added to the National Calcium sulfate-mined, all of which List of Subjects in 7 CFR Part 205 were in support of adding it to the List as proposed. National List. Two of the commenters Tertrasodium Pyrophospate received Administrative practice and requested that the annotation be six comments, three in favor of and procedure, Agriculture, Animals, changed to the NOSB recommendation three opposed to inclusion on the Archives and records, Imports, Labeling, ‘‘allowed from non-synthetic sources National List. Several commenters Organically produced products, Plants, only.’’ They felt this annotation would expressed concern over the Reporting and recordkeeping cover the mined calcium sulfate as well recommended annotation. They requirements, Seals and insignia, Soil as any other naturally derived forms, indicated that the annotation is vague, conservation. confusing, undefined and needs should they become commercially ■ For the reasons set forth in the available. This substance will be added clarification. They stated that the primary use of this substance appears to preamble, 7 CFR part 205, subpart G is to the National List as published in the amended as follows: proposed rule because it would be be to create a texture that is similar to redundant to state ‘‘from non-synthetic a meat product, and that this directly PART 205—NATIONAL ORGANIC sources only’’ because the sub-section conflicts with the criterion established PROGRAM heading is ‘‘Nonsysthetics allowed.’’ in § 205.600(b)(4): Five comments were received in favor the substance’s primary use is not as a ■ 1. The authority citation for 7 CFR part of adding Glucono delta-lactone to the preservative or to recreate or improve flavors, 205 continues to read as follows: National List. Four of the commenters colors, textures, or nutritive value lost during Authority: 7 U.S.C. 6501–6522. requested it be added with the following processing, except where the replacement of annotation: ‘‘produced through nutrients is required by law. ■ 2. Section 205.605 is amended by: microbial fermentation of carbohydrates We believe these comments have ■ a. Adding three substances to only.’’ This annotation would disallow merit, and accordingly, we have not paragraph (a). the use of oxidation of D-glucose with added this substance to the National ■ b. Adding one substance to paragraph enzymes, but enzymes are allowed in List. We will return the NOSB’s (b). § 205.605(a). Accordingly, this recommendation on this substance to ■ c. Revising Potassium hydroxide in annotation is not adopted. However, the the NOSB for reconsideration. paragraph (b). Potassium hydroxide received six listing is amended to add the annotation The additions and revisions read as comments, five in favor of and one ‘‘production by the oxidation of D- follows: glucose with bromine water is opposed to amending the annotation. prohibited.’’ This will allow only the The commenter opposed to the § 205.605 Nonagricultural (nonorganic) microbial and enzymes oxidation annotation amendment did not agree substances allowed as ingredients in or on production methods. that the substance was essential to the processed products labeled as ‘‘organic’’ or Six comments were received in favor peeling of peaches. The commenter ‘‘made with organic (specified ingredients of adding Animal enzymes-(Rennet- stated that peach peeling production or food group(s)).’’ animal derived; Catalase-bovine liver; trials, without using the substance, were * * * * * Animal lipase; Pancreatin; Pepsin; and not exhaustive of the possibilities they (a) * * *
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62218 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
Animal enzymes—(Rennet—animals security risk assessment. This action is Biological Agents and Toxins’’ (sections derived; Catalase—bovine liver; Animal necessary to ensure that research and 201 through 231), provides for the lipase; Pancreatin; Pepsin; and Trypsin). educational programs are not disrupted. regulation of certain biological agents * * * * * DATES: This interim rule is effective on and toxins by the Department of Health Calcium sulfate—mined. November 3, 2003. We will consider all and Human Services (subtitle A, * * * * * comments that we receive on or before sections 201–204) and the Department Glucono delta-lactone—production by January 2, 2004. of Agriculture (subtitle B, sections 211– the oxidation of D-glucose with bromine ADDRESSES: You may submit comments 213, cited as the ‘‘Agricultural water is prohibited. by postal mail/commercial delivery or Bioterrorism Protection Act of 2002’’), by e-mail. If you use postal mail/ and provides for interagency * * * * * coordination between the two (b) * * * commercial delivery, please send four copies of your comment (an original and departments regarding overlap agents * * * * * and toxins (subtitle C, section 221). For Cellulose—for use in regenerative three copies) to: Docket No. 02–088–3, Regulatory Analysis and Development, the Department of Health and Human casings, as an anti-caking agent (non- Services, the Centers for Disease Control chlorine bleached) and filtering aid. PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737– and Prevention (CDC) has been * * * * * 1238. Please state that your comment designated as the agency with primary Potassium hydroxide—prohibited for refers to Docket No. 02–088–3. If you responsibility for implementing the use in lye peeling of fruits and use e-mail, address your comment to provisions of the Act; the Animal and vegetables except when used for peeling [email protected]. Your Plant Health Inspection Service (APHIS) peaches during the Individually Quick comment must be contained in the body is the agency fulfilling that role for the Frozen (IQF) production process. of your message; do not send attached Department of Agriculture. The * * * * * files. Please include your name and Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Dated: October 27, 2003. address in your message and ‘‘Docket No. 02–088–3’’ on the subject line. Investigation has been designated as the A.J. Yates, agency with primary responsibility for Administrator, Agricultural Marketing You may read any comments that we receive on this docket in our reading implementing the Attorney General’s Service. responsibilities under the Act (i.e., the [FR Doc. 03–27416 Filed 10–31–03; 8:45 am] room. The reading room is located in room 1141 of the USDA South Building, security risk assessments). BILLING CODE 3410–02–P In accordance with the requirements 14th Street and Independence Avenue of the Act, on December 13, 2002, we SW., Washington, DC. Normal reading published in the Federal Register (67 room hours are 8 a.m. to 4:30 p.m., DEPARTMENT OF AGRICULTURE FR 76908–76938, Docket No. 02–088–1) Monday through Friday, except an interim rule that established the Animal and Plant Health Inspection holidays. To be sure someone is there to standards and procedures governing the Service help you, please call (202) 690–2817 possession, use, and transfer of before coming. biological agents and toxins that have 7 CFR Part 331 APHIS documents published in the been determined to have the potential to Federal Register, and related pose a severe threat to both human and information, including the names of 9 CFR Part 121 animal health (referred to as overlap organizations and individuals who have [Docket No. 02–088–3] agents and toxins), to animal health, to commented on APHIS dockets, are plant health, or to animal and plant RIN 0579–AB47 available on the Internet at http:// products (7 CFR part 331 for the plant- www.aphis.usda.gov/ppd/rad/ related provisions and 9 CFR part 121 Agricultural Bioterrorism Protection webrepor.html. Act of 2002; Possession, Use, and for the overlap and animal-related FOR FURTHER INFORMATION CONTACT: Transfer of Biological Agents and For provisions; referred to below Toxins information concerning the regulations collectively as the regulations). Also on in 7 CFR part 331, contact Dr. Robert December 13, 2002, the CDC published AGENCY: Animal and Plant Health Flanders, Chief, Pest Permit Evaluations in the Federal Register (67 FR 76886– Inspection Service, USDA. Branch, PPQ, APHIS, 4700 River Road 76905) an interim rule that established ACTION: Interim rule and request for Unit 133, Riverdale, MD 20737–1236, the standards and procedures governing comments. (301) 734–8758. the possession, use, and transfer of other For information concerning the select agents (42 CFR part 73). SUMMARY: We are amending the regulations in 9 CFR part 121, contact The regulations require that regulations governing the possession, Dr. Denise Spencer, Senior Staff individuals or entities possessing, using, use, and transfer of listed biological Veterinarian, Technical Trade Services, or transferring biological agents or agents and toxins in order to allow for National Center for Import and Export, toxins listed in 7 CFR 331.3 or 9 CFR the issuance of provisional registration VS, APHIS, 4700 River Road Unit 40, 121.3(d) must register with APHIS, certificates for individuals and entities Riverdale, MD 20737–1231, (301) 734– while individuals or entities possessing, and provisional grants of access to listed 3277. using, or transferring overlap agents or biological agents and toxins for SUPPLEMENTARY INFORMATION: toxins must register with either APHIS individuals. These provisional measures or CDC. As part of the registration are designed to provide additional time Background process, the responsible official(s), the for the Attorney General to complete On June 12, 2002, the President alternate responsible official(s), the security risk assessments for those signed into law the Public Health entity, and, where applicable, the individuals and entities for which the Security and Bioterrorism Preparedness individual(s) who owns or controls the Attorney General has received, by and Response Act of 2002 (Pub. L. 107– entity must undergo a security risk November 12, 2003, all of the 188). Title II of Pub. L. 107–188, assessment by the CJIS Division. information required to conduct a ‘‘Enhancing Controls on Dangerous Moreover, those individuals identified
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62219
by an entity as having a legitimate need (1) The Attorney General has received application for registration will be to handle or use listed biological agents all of the information, including responsible for issuing a provisional or toxins must undergo a security risk fingerprint cards, required by the registration certificate or provisional assessment by the CJIS Division. Attorney General to conduct a security grant of access, as appropriate. If an To minimize the disruption of risk assessment of the entity, including entity has any questions about which research or educational projects any individual who owns or controls agency is processing its registration involving biological agents or toxins the entity; and (2) the entity otherwise application, the responsible official may that were underway as of the effective meets all of the requirements of the contact the person listed under FOR date of the regulations, we established a regulations. In addition, we are FURTHER INFORMATION CONTACT. phase-in period that gave individuals amending both parts to provide that and entities until November 12, 2003 to APHIS may issue a provisional Immediate Action reach full compliance with the registration certificate to individuals Immediate action is necessary in regulations. In recognition of the and entities that did not possess listed order to prevent the disruption of potential delays in registering entities biological agents or toxins as of research and educational projects. under these regulations during the first February 11, 2003, if, as of November Under these circumstances, the year of implementation and the 12, 2003: (1) The Attorney General has Administrator has determined that prior potential for subsequent delays in received all of the information, notice and opportunity for public research, we also afforded additional including fingerprint cards, required by comment are contrary to the public time to reach full compliance with the the Attorney General to conduct a interest and that there is good cause regulations to individuals and entities security risk assessment of the entity, under 5 U.S.C. 553 for making this who did not possess biological agents or including any individual who owns or action effective less than 30 days after toxins as of the effective date of the controls the entity; (2) the entity publication in the Federal Register. interim rule (February 11, 2003). otherwise meets all of the requirements We will consider comments we Specifically, we required that such of the regulations; and (3) the receive during the comment period for individuals and entities must be in Administrator finds that circumstances this interim rule (see DATES above). compliance with the provisions of the warrant such action in the interest of the After the comment period closes, we regulations that are applicable for health of plants or plant products or will publish another document in the current possessors at the time of national security (for the plant-related Federal Register. The document will application, as provided in 7 CFR 331.0 provisions in 7 CFR part 331) or the include a discussion of any comments or 9 CFR 121.0. health of animals or animal products or we receive and any amendments we are To date, the CJIS Division has national security (for the overlap and making to the rule. received a large number of incomplete animal-related provisions in 9 CFR part applications. 1 We anticipate that many 121). In either case, a provisional Executive Order 12866 and Regulatory of these applications will be completed registration certificate will be effective Flexibility Act and submitted to the CJIS Division just until APHIS either issues a certificate of This rule has been reviewed under before the November 12, 2003 deadline. registration or suspends or revokes the Executive Order 12866. The rule has Because of the expected volume of last- provisional registration. been determined to be not significant for minute submissions, the CJIS Division We are also amending both parts to the purposes of Executive Order 12866 will need additional time to complete provide that APHIS may issue a and, therefore, has not been reviewed by the necessary security risk assessments. provisional grant of access for the Office of Management and Budget. We are aware that many individuals individuals identified by an entity as This emergency situation makes and entities submitted all required having a legitimate need to handle or timely compliance with section 604 of information in a timely manner to use listed biological agents or toxins if, the Regulatory Flexibility Act (5 U.S.C. ensure that it was received by the CJIS as of November 12, 2003, the Attorney 601 et seq.) impracticable. We are Division by November 12, 2003. In General has received all of the currently assessing the potential recognition of this good faith effort to information, including fingerprint cards, economic effects of this action on small comply with the regulations, and so as required by the Attorney General to entities. Based on that assessment, we not to disrupt research and educational conduct a security risk assessment of will either certify that the rule will not programs involving listed biological that individual. Such a provisional grant have a significant economic impact on agents and toxins, we are amending the of access will be effective until APHIS a substantial number of small entities or regulations to allow for the issuance of grants or denies access to listed publish a final regulatory flexibility provisional registration certificates for biological agents and toxins. analysis. individuals and entities and provisional Since we expect the CJIS Division to Executive Order 12372 grants of access to biological agents and receive a large volume of mail just toxins for individuals pending the before the November 12, 2003, deadline, This program/activity is listed in the completion of their security risk the CJIS Division will likely need Catalog of Federal Domestic Assistance assessments. additional time to process its mail, and under No. 10.025 and is subject to To accomplish this, we are amending this may result in delays in the issuance Executive Order 12372, which requires 7 CFR 331.0 and 9 CFR 121.0 to provide of some provisional registration intergovernmental consultation with that APHIS may issue a provisional certificates and provisional grants of State and local officials. (See 7 CFR part registration certificate to current access. 3015, subpart V.) possessors if, as of November 12, 2003: For overlap agents and toxins, the regulations provide that an entity may Executive Order 12988 1 To avoid delays related to incomplete submit all of the information and This rule has been reviewed under applications, individuals and entities should documentation required in the Executive Order 12988, Civil Justice submit their FD–961 forms and fingerprint cards to registration package to either APHIS or Reform. This rule: (1) Preempts all State the CJIS Division in one package. However, this does not apply to applicants who are submitting CDC. We note that the agency (either and local laws and regulations that are follow-up information or fingerprint cards for an APHIS or CDC) that has the inconsistent with this rule; (2) has no existing incomplete application. responsibility for processing an retroactive effect; and (3) does not
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62220 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
require administrative proceedings biological agents or toxins listed in any individual who owns or controls before parties may file suit in court § 331.3 may only be transferred to an the entity; and challenging this rule. individual or entity that is not registered (ii) The entity otherwise meets all of under this part if the individual or the requirements of this part. Paperwork Reduction Act entity has been issued a permit by the (2) Notwithstanding the provisions in This interim rule contains no new Administrator under part 330 of this paragraph (a) of this section, APHIS may information collection or recordkeeping chapter to import or move interstate that issue a provisional registration requirements under the Paperwork specific agent or toxin. If an individual certificate to individuals and entities Reduction Act of 1995 (44 U.S.C. 3501 or entity has not been issued a permit that did not possess listed biological et seq.). under part 330 of this chapter, the agents or toxins as of February 11, 2003, List of Subjects individual or entity may apply for a if, as of November 12, 2003: permit. To receive an agent or toxin, an (i) The Attorney General has received 7 CFR Part 331 individual or entity will also be all of the information, including Agricultural research, Laboratories, required to submit APHIS Form 2041, in fingerprint cards, required by the Plant diseases and pests, Reporting and accordance with § 331.13(c). Because Attorney General to conduct a security recordkeeping requirements. USDA permits do not cover intrastate risk assessment of the entity, including movement, an individual or entity may any individual who owns or controls 9 CFR Part 121 not receive a listed agent or toxin that the entity; Agricultural research, Animal is being moved intrastate until that (ii) The entity otherwise meets all of diseases, Laboratories, Medical research, individual or entity is registered in the requirements of this part; and Reporting and recordkeeping accordance with this part. (iii) The Administrator finds that requirements. (2) By March 12, 2003, the responsible circumstances warrant such action in ■ Accordingly, we are amending 7 CFR official must submit the registration the interest of the health of plants or part 331 and 9 CFR part 121 as follows: application package as required in plant products or national security. § 331.8. In addition, the responsible (3) A provisional registration 7 CFR Chapter III official must submit to the Attorney certificate will be effective until APHIS General the names and identifying either issues a certificate of registration PART 331—POSSESSION, USE, AND information for the responsible official; or suspends or revokes the provisional TRANSFER OF BIOLOGICAL AGENTS alternate responsible official, where registration. AND TOXINS applicable; entity; and, where (c) Notwithstanding the provisions in ■ 1. The authority citation for part 331 applicable, the individual who owns or paragraph (a) of this section, APHIS may continues to read as follows: controls the entity. issue a provisional grant of access for (3) By April 11, 2003, the responsible individuals identified by an entity as Authority: Secs. 211–213, Title II, Pub. L. official must submit to the Attorney 107–188, 116 Stat. 647 (7 U.S.C. 8401). having a legitimate need to handle or General the names and identifying use agents or toxins listed in § 331.3 if, ■ 2. Section 331.0 is revised as follows: information for all individuals whom as of November 12, 2003, the Attorney the responsible official has identified as General has received all of the § 331.0 Effective and applicability dates. having a legitimate need to handle or information, including fingerprint cards, (a) The regulations in this part are use listed agents or toxins, and who required by the Attorney General to effective on February 11, 2003. On and have the appropriate training and skills conduct a security risk assessment of after that date, any person possessing, to handle such agents or toxins, as that individual. A provisional grant of using, or transferring any agent or toxin required in § 331.10. access will be effective until APHIS listed in § 331.3 must be in compliance (4) By June 12, 2003, the responsible grants or denies access to biological with the provisions of this part. official must submit to APHIS the agents or toxins listed in § 331.3. However, so as not to disrupt research security section of the Biocontainment or educational projects involving listed and Security Plan required in § 331.11. 9 CFR Chapter 1 agents or toxins that were underway as (5) By September 12, 2003, the PART 121—POSSESSION, USE, AND of the effective date of this part, any responsible official must implement the TRANSFER OF BIOLOGICAL AGENTS person possessing such agents or toxins security section of the Biocontainment AND TOXINS as of the effective date (current and Security Plan, as required in possessors) will be afforded additional § 331.11, and provide security training ■ 1. The authority citation for part 121 time to reach full compliance with this in accordance with 7 CFR 331.12. continues to read as follows: part. Any provision not specifically (6) By November 12, 2003, the cited in paragraphs (a)(1) through (a)(6) registration application process must be Authority: Secs. 211–213, Title II, Pub. L. of this section will be applicable as of complete and the entity in full 107–188, 116 Stat. 647 (7 U.S.C. 8401). February 11, 2003. In addition, any compliance with the regulations in this ■ 2. Section 121.0 is revised as follows: individual or entity who does not part, except as otherwise provided in possess listed agents or toxins by the paragraphs (b) and (c) of this section. § 121.0 Effective and applicability dates. effective date of this part, but who (b) Provisional registration. (1) (a) The regulations in this part are wishes to initiate a research or Notwithstanding the provisions in effective on February 11, 2003. On and educational project prior to November paragraph (a) of this section, APHIS may after that date, any person possessing, 12, 2003, must be in compliance with issue a provisional registration using, or transferring any agent or toxin the provisions of this part that are certificate to current possessors if, as of listed in § 121.3 must be in compliance applicable for current possessors at the November 12, 2003: with the provisions of this part. time of application, as provided in (i) The Attorney General has received However, so as not to disrupt research paragraphs (a)(1) through (a)(5) of this all of the information, including or educational projects involving listed section. fingerprint cards, required by the agents or toxins that were underway as (1) During the period from February Attorney General to conduct a security of the effective date of this part, any 11, 2003, to November 12, 2003, risk assessment of the entity, including person possessing such agents or toxins
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62221
as of the effective date (current of the Biosafety and Security Plan grants or denies access to biological possessors) will be afforded additional required in § 121.12 to APHIS or, for agents or toxins listed in § 121.3. time to reach full compliance with this overlap agents or toxins, to APHIS or Done in Washington, DC, this 29th day of part. Any provision not specifically CDC. October, 2003. cited in paragraphs (a)(1) through (a)(6) (5) By September 12, 2003, the Bobby R. Acord, of this section will be applicable as of responsible official must implement the Administrator, Animal and Plant Health February 11, 2003. In addition, any security section of the Biosafety and Inspection Service. person who does not possess listed Security Plan, as required in § 121.12, [FR Doc. 03–27640 Filed 10–31–03; 8:45 am] agents or toxins by the effective date of and provide security training in this part, but who wishes to initiate a accordance with 9 CFR 121.13. BILLING CODE 3410–34–P research or educational project prior to (6) By November 12, 2003, the registration application process must be November 12, 2003, must be in DEPARTMENT OF AGRICULTURE compliance with the provisions of this complete and the entity in full part that are applicable for current compliance with the regulations in this Farm Service Agency possessors at the time of application, as part, except as otherwise provided in provided in paragraphs (a)(1) through paragraphs (b) and (c) of this section. 7 CFR Parts 762 and 764 (a)(5) of this section. (b) Provisional registration. (1) (1) During the period from February Notwithstanding the provisions in Rural Housing Service 11, 2003, to November 12, 2003, paragraph (a) of this section, APHIS may biological agents or toxins listed in issue a provisional registration Rural Business-Cooperative Service § 121.3 may only be transferred to an certificate to current possessors if, as of individual or entity that is not registered November 12, 2003: Rural Utilities Service under this part if: (i) The Attorney General has received (i) The individual or entity is all of the information, including 7 CFR Parts 1910, 1924, 1941, 1943 and registered by CDC for that specific fingerprint cards, required by the 1955 overlap agent or toxin in accordance Attorney General to conduct a security with 42 CFR part 72; or risk assessment of the entity, including (ii) The individual or entity has been any individual who owns or controls RIN 0560–AG99 issued a permit by the Administrator the entity; and Technical Changes to Citizenship under part 122 of this subchapter to (ii) The entity otherwise meets all of Requirements and Loan Eligibility import or move interstate that specific the requirements of this part. agent or toxin. If an individual or entity (2) Notwithstanding the provisions in Regulations has not been issued a permit under part paragraph (a) of this section, APHIS may AGENCIES: Farm Service Agency, Rural 122 of this subchapter, the individual or issue a provisional registration Housing Service, Rural Business- entity may apply for a permit. To certificate to individuals and entities Cooperative Service, and Rural Utilities receive an agent or toxin, an individual that did not possess listed biological Service, USDA. or entity will also be required to submit agents or toxins as of February 11, 2003, APHIS Form 2041, in accordance with if, as of November 12, 2003: ACTION: Final rule. § 121.14(c). Because USDA permits do (i) The Attorney General has received not cover intrastate movement, unless all of the information, including SUMMARY: This rule amends the Farm registered by CDC under 42 CFR part 72, fingerprint cards, required by the Service Agency’s (FSA) regulations for an individual or entity may not receive Attorney General to conduct a security direct and guaranteed loan making a listed agent or toxin that is being risk assessment of the entity, including requirements by revising loan eligibility moved intrastate until that individual or any individual who owns or controls requirements to conform with entity is registered in accordance with the entity; provisions of the Personal this part. (ii) The entity otherwise meets all of Responsibility and Work Opportunity (2) By March 12, 2003, the responsible the requirements of this part; and Reconciliation Act of 1996 (PRWORA). official must submit the registration (iii) The Administrator finds that In addition, it amends the direct and application package as required in circumstances warrant such action in guaranteed loan program regulations to § 121.9. In addition, the responsible the interest of the health of plants or implement statutory provisions of the official must submit to the Attorney plant products or national security. Consolidated Farm and Rural General the names and identifying (3) A provisional registration Development Act (CONACT). information for the responsible official; certificate will be effective until APHIS DATES: This rule is effective November alternate responsible official, where either issues a certificate of registration 3, 2003. applicable; entity; and, where or suspends or revokes the provisional FOR FURTHER INFORMATION CONTACT: applicable, the individual who owns or registration. Janet Downs, Senior Loan Officer, controls the entity. (c) Notwithstanding the provisions in (3) By April 11, 2003, the responsible paragraph (a) of this section, APHIS may USDA, FSA, Farm Loan Programs, Loan official must submit to the Attorney issue a provisional grant of access for Making Division, STOP 0522, 1400 General the names and identifying individuals identified by an entity as Independence Avenue, SW., information for all individuals whom having a legitimate need to handle or Washington, DC 20250–0522; Telephone: (202) 720–0599, e-mail: the responsible official has identified as use agents or toxins listed in § 121.3 if, _ having a legitimate need to handle or as of November 12, 2003, the Attorney Janet [email protected]. Persons use listed agents or toxins, and who General has received all of the with disabilities who require alternative have the appropriate training and skills information, including fingerprint cards, means for communication (Braille, large to handle such agents or toxins, as required by the Attorney General to print, audio tape, etc.) should contact required in § 121.11. conduct a security risk assessment of the USDA Target Center at (202) 720– (4) By June 12, 2003, the responsible that individual. A provisional grant of 2600 (voice and TDD). official must submit the security section access will be effective until APHIS SUPPLEMENTARY INFORMATION:
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62222 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
Notice and Comment evaluation is available for inspection changes made by section 401 of the This rule is not being published for and review upon request. PRWORA (8 U.S.C. 1611) prohibiting aliens who are not qualified aliens from public notice or to solicit comment from Executive Order 12988 interested parties as a proposed rule. It receiving Federal public benefits such This final rule has been reviewed in implements precise statutory as Federal loans. accordance with Executive Order 12988. requirements of both the Personal This rule preempts State laws to the Entity Citizenship Requirements Responsibility and Work Opportunity extent any laws are inconsistent with it, Reconciliation Act of 1996 (PRWORA) PRWORA requirements similarly are and its provisions are not retroactive. (8 U.S.C. 1611, 1641) and the adopted for entity citizenship Consolidated Farm and Rural Before legal action may be brought requirements for direct and guaranteed Development Act (CONACT) (7 U.S.C. concerning this rule, administrative FLP loans. These regulations are 1921 et.seq.), where the Agency has remedies under 7 CFR part 11 must be amended to consistently require the little or no leeway in terms of policy exhausted. majority interest of the entity to be held by members who are United States interpretation. Thus, the Agency is not Executive Order 13132 required by 5 U.S.C. 553 to publish a citizens, United States non-citizen The policies contained in this rule do nationals, or qualified aliens under notice of proposed rulemaking for its not have any substantial direct effect on interpretive policy. This rule is applicable Federal immigration laws. States, on the relationship between the These changes implement CONACT published as final and is effective national government and the States, or immediately. program requirements that for an entity on the distribution of power and applicant to be eligible for a farm Executive Order 12866 responsibilities among the various programs loan, individuals holding a This final rule has been determined to levels of government. Nor does this rule majority interest of such entity must be be not significant under Executive Order impose substantial direct compliance citizens of the United States. See 7 12866 and, therefore, has not been costs on State and local governments. U.S.C. 1922, 1941, and 1961. reviewed by the Office of Management Therefore, consultation with the States In addition, FSA regulations require and Budget (OMB). is not required. that aliens must provide the appropriate Unfunded Mandates forms from the Bureau of Citizenship Regulatory Flexibility Act and Immigration Services of the In compliance with the Regulatory The rule contains no Federal Department of Homeland Security Flexibility Act, Public Law 96–534, (5 mandates, as defined by title II of the (BCIS) to document their permanent U.S.C. 601), FSA has determined that UMRA. Thus, this rule is not subject to residency. This rule updates these this rule will not have a significant the requirements of sections 202 and provisions to require that United States economic impact on a substantial 205 of UMRA. non-citizen nationals and qualified number of small entities. FLP applicants Paperwork Reduction Act aliens must provide the appropriate and borrowers are predominantly documentation as to their immigration The Agency’s information collection family-size farmers and ranchers and, as status, as required by the BCIS. This requirements, currently approved under defined by the U.S. Small Business revision further implements section 401 OMB control numbers 0560–0154, Administration, approximately 98 of the PRWORA. percent of all farmers are classified as 0560–0155, 0560–0157, 0560–0159, small businesses. The provisions in this 0560–0162, 0560–0167, and 0560–0178, Prohibition to Finance Non-Farm rule will not impact a substantial are not affected by this final rule. Enterprises number of small entities to a greater Federal Assistance Programs This rule amends FSA regulations to clarify that direct farm operating and extent than large entities. The intent of The titles and numbers of the Federal this rule is to implement legislation and farm ownership loan funds cannot be assistance programs, as found in the makes non-substantive updates. Large used to finance non-farm enterprises. Catalog of Federal Domestic Assistance, entities are subject to these rules to the This rule adds limitations in 7 CFR to which this final rule applies are: same extent as small entities. Therefore, 1941.17 and 1943.17 and removes 7 CFR a regulatory flexibility analysis was not 10.404—Emergency 1941.23(b)(3) accordingly. Loans performed. 10.406—Farm Operating Loans Clarify Definition of Socially Environmental Evaluation 10.407—Farm Ownership Loans Disadvantaged The environmental impacts of this Discussion of the Final Rule Section 355 of the CONACT defines a final rule have been considered in ‘‘socially disadvantaged group’’ as a Individual Citizenship Requirements accordance with the provisions of the ‘‘group whose members have been National Environmental Policy Act of To be eligible for FSA Farm Loan subjected to racial, ethnic, or gender 1969 (NEPA), 42 U.S.C. 4321 et seq., the Programs (FLP) loans, FSA regulations prejudice because of their identity as regulations of the Council on provide that an applicant must be a members of a group without regard to Environmental Quality (40 CFR parts citizen of the United States or an alien their individual qualities.’’ This rule 1500–1508), and the FSA regulations for lawfully admitted to the United States amends FSA regulations 7 CFR 1943.4 compliance with NEPA, 7 CFR parts for permanent residence under the and 1955.103 to clarify that the term 799, and 1940, subpart G. FSA Immigration and Nationality Act; ‘‘socially disadvantaged applicant’’ completed an environmental evaluation indefinite parolees are not eligible for refers to an applicant who is a member and concluded that the rule requires no loans. This rule changes FLP direct and of a socially disadvantaged group. further environmental review. No guaranteed loan eligibility provisions to extraordinary circumstances or other require an applicant be a United States Borrower Eligibility unforeseeable factors exist which would citizen, a United States non-citizen Section 373(b) of the CONACT, in require preparation of an environmental national, or a qualified alien under part, allows FSA to make annual assessment or environmental impact applicable Federal immigration laws. operating loans to borrowers who have statement. A copy of the environmental This revision is necessary to reflect had debt forgiveness and who are
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62223
current on payments under a confirmed 7 CFR Part 1941 (ii) United States non-citizen reorganization plan under chapters 11, Crops, Livestock, Loan programs— nationals and qualified aliens must 12, or 13 of Title 11 of the United States agriculture, Rural areas, Youth. provide the appropriate documentation Code. Section 373(a) also prohibits as to their immigration status as direct operating loans to any borrower 7 CFR Part 1943 required by the United States who is delinquent on any loan made or Crops, Loan programs—agriculture, Department of Homeland Security, guaranteed under the CONACT. This Recreation, Water resources. Bureau of Citizenship and Immigration prohibition partially overlaps with the Services. 7 CFR Part 1955 Debt Collection Improvement Act * * * * * (DCIA) provision, 31 U.S.C. 3720B, Agriculture, Loan programs— making persons owing a delinquent agriculture, Property management, PART 1910—GENERAL non-tax debt to the Federal Government Government property. ■ ineligible for Federal financial Accordingly, 7 CFR Chapters VII and 5. The authority citation for part 1910 assistance in the form of a loan (other XVIII are amended as follows: continues to read as follows: than a disaster loan) or loan insurance Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 or guarantee. The DCIA provision is PART 762—GUARANTEED FARM U.S.C. 1480. implemented by regulations at 31 CFR LOANS Subpart A—Receiving and Processing part 285. This rule amends FSA farm ■ 1. The authority citation for part 762 Applications operating loan eligibility regulation, 7 continues to read as follows: CFR 1941.12, to reflect these statutory § 1910.4 [Amended] Authority: 5 U.S.C. 301; 7 U.S.C. 1989. requirements. Reference to annual ■ 6. Amend § 1910.4 by redesignating ■ 2. Revise § 762.120(d) to read as production loans to delinquent the second paragraph (i) as paragraph (j). borrowers in 7 CFR 1941.33 also is follows: removed for consistency. PART 1924—CONSTRUCTION AND § 762.120 Loan applicant eligibility. REPAIR Miscellaneous * * * * * (d) Citizenship. (1) The applicant ■ 7. The authority citation for part 1924 This rule amends an incorrect must be a citizen of the United States, continues to read as follows: reference in FSA regulation, 7 CFR a United States non-citizen national, or 1941.18, to allow equal, unequal, or Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 a qualified alien under applicable U.S.C. 1480. balloon installment schedules on loans Federal immigration laws. For an entity made for other than annual operating applicant, the majority interest of the Subpart B—Management Advice to purposes. This rule also removes from 7 entity must be held by members who are Individual Borrowers and Applicants CFR part 1924, subpart B, the definition United States citizens, United States of ‘‘Financially viable operation’’, as it non-citizen nationals, or qualified aliens § 1924.54 [Amended] is unnecessary. References to required under applicable Federal immigration ■ 8. In § 1924.54 remove the definition of borrower training for guaranteed loan laws. ‘‘Financially viable operation’’. borrowers are also removed as section (2) United States non-citizen nationals ■ 9. In § 1924.74 revise the second 805 of the Agriculture, Rural and qualified aliens must provide the Development, Food and Drug sentence of paragraph (a)(2) to read as appropriate documentation as to their follows: Administration, and Related Agencies immigration status as required by the Appropriations Act, 1999 (Pub. L. 105– United States Department of Homeland § 1924.74 Borrower training program. 277, October 21, 1998) removed the Security, Bureau of Citizenship and (a) * * * borrower training requirement for Immigration Services. (2) * * * Unless waived, this training guaranteed farm loans. This rule * * * * * requirement will be an eligibility removes references to an obsolete form requirement for all Agency direct loans. (FmHA 440–35) from 7 CFR part 1943, PART 764—EMERGENCY FARM *** subpart A. This rule corrects a duplicate * * * * * reference to § 1910.4(i) by revising the LOANS second (i) reference to read (j). ■ 3. The authority citation for part 764 PART 1941—OPERATING LOANS continues to read as follows: List of Subjects ■ 10. The authority citation for part 1941 Authority: 5 U.S.C. 301; 7 U.S.C. 1989. 7 CFR Part 762 continues to read as follows: ■ 4. Revise § 764.4(a)(2) to read as Authority: 5 U.S.C. 301; 7 U.S.C. 1989. Agriculture, Loan programs— follows: agriculture. § 764.4 Eligibility requirements. Subpart A—Operating Loan Policies, Procedures, and Authorizations 7 CFR Part 764 (a) * * * Agriculture, Disaster assistance, Loan (2) Citizenship. (i) The applicant must ■ 11. Revise paragraphs (a)(1), (b)(5)(i), programs—agriculture. be a citizen of the United States, a the last sentence of paragraphs (a)(8) and United States non-citizen national, or a (b)(11), and the first sentence of 7 CFR Part 1910 qualified alien under applicable Federal paragraphs (a)(9) and (b)(12) of immigration laws. For an entity § 1941.12, to read as follows: Agriculture, Loan programs— applicant, the majority interest of the agriculture. entity must be held by members who are § 1941.12 Eligibility requirements. 7 CFR Part 1924 United States citizens, United States (a) * * * non-citizen nationals, or qualified aliens (1) Be a citizen of the United States, Agriculture, Loan programs— under applicable Federal immigration a United States non-citizen national, or agriculture. laws. a qualified alien under applicable
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62224 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
Federal immigration laws. United States to paragraph ‘‘(b)(2)’’ to read paragraph aliens must provide the appropriate non-citizen nationals and qualified ‘‘(b)(3)’’. documentation as to their immigration aliens must provide the appropriate status as required by the United States documentation as to their immigration § 1941.23 [Amended] Department of Homeland Security, status as required by the United States ■ 14. Amend § 1941.23 by removing Bureau of Citizenship and Immigration Department of Homeland Security, paragraph (b)(3) and redesignating Services. Bureau of Citizenship and Immigration paragraph (b)(4) as (b)(3). * * * * * Services. ■ 15. Amend § 1941.33 by removing the (9) Not be delinquent on any non-tax * * * * * second sentence of paragraph (c)(2) and Federal debt or FSA guaranteed (8) * * * However, an applicant who by revising paragraph (b)(1)(iii) to read as debt.* * * received a write-down under section follows: (b) * * * (4) * * * 353 of the CONACT, or who is current § 1941.33 Loan approval or disapproval. on payments under a confirmed (i) For an entity applicant, the * * * * * reorganization plan under chapters 11, majority interest of the entity must be (b) * * * held by members who are United States 12, or 13 of Title 11 of the United States (1) * * * Code, may receive direct and guaranteed citizens, United States non-citizen (iii) The proposed loan is based on a nationals, or qualified aliens under OL loans to pay annual farm and ranch feasible farm operating plan. operating expenses, including family applicable Federal immigration laws. * * * * * subsistence, if the applicant meets all United States non-citizen nationals and qualified aliens must provide the other eligibility requirements. PART 1943—FARM OWNERSHIP, SOIL (9) Not be delinquent on any non-tax appropriate documentation as to their AND WATER AND RECREATION permanent immigration status as Federal debt or FSA guaranteed debt. LOANS *** required by the United States Department of Homeland Security, * * * * * ■ 16. The authority citation for part 1943 continues to read as follows: Bureau of Citizenship and Immigration (b) * * * Services. (5) * * * Authority: 5 U.S.C. 301; 7 U.S.C. 1989. * * * * * (i) The majority interest of the entity (11) Not be delinquent on any non-tax must be held by members who are Subpart A—Direct Farm Ownership Federal debt or FSA guaranteed citizens of the United States, United Loan Policies, Procedures, and debt.* * * States non-citizen nationals, or qualified Authorizations aliens under applicable Federal * * * * * immigration laws. United States non- ■ 17. Amend paragraph § 1943.4 by ■ 19. Amend § 1943.17 paragraph (a)(2) citizen nationals and qualified aliens revising the definition of ‘‘Socially by removing the words ‘‘and nonfarm must provide the appropriate disadvantaged applicant’’ to read as enterprise’’ and by adding paragraph (c) documentation as to their immigration follows: to read as follows: status as required by the United States § 1943.17 Loan limitations. Department of Homeland Security, § 1943.4 Definitions. * * * * * Bureau of Citizenship and Immigration * * * * * Socially disadvantaged applicant (c) The purpose of the loan is to Services. finance a nonfarm enterprise. * * * * * (SDA). An applicant who is a member of a socially disadvantaged group whose ■ 20. Amend § 1943.34 by revising the (11) * * * However, an applicant members have been subjected to racial, section title, removing paragraph (c), and who received a write down under ethnic, or gender prejudice because of revising paragraphs (a) and (b) to read as section 353 of the CONACT, or who is their identity as a member of a group, follows: current on payments under a confirmed without regard to their individual reorganization plan under chapters 11, § 1943.34 Requesting title service. qualities. For entity SDA applicants, the 12, or 13 of Title 11 of the United States (a) Title clearance will be obtained as majority interest in the entity must be Code, may receive direct and guaranteed provided in subpart B of part 1927 of held by socially disadvantaged OL loans to pay annual farm and ranch this chapter, when required by the individuals. The Agency has identified operating expenses, including family Agency. socially disadvantaged groups as subsistence, if the applicant meets all (b) When the loan is approved, the Women, Blacks, American Indians, other eligibility requirements. applicant will arrange with the seller to Alaskan Natives, Hispanics, Asians, and (12) Not be delinquent on any non-tax take possession of the land that is being Pacific Islanders. Federal debt or FSA guaranteed debt. acquired. *** * * * * * ■ 18. Amend § 1943.12 by revising PART 1955—PROPERTY * * * * * MANAGEMENT ■ paragraphs (a)(1), (b)(4)(i), and the first 12. Amend § 1941.17 by adding sentence of paragraphs (a)(9) and (b)(11) ■ 21. The authority citation for part 1955 paragraph (e) to read as follows: to read as follows: continues to read as follows: § 1941.17 Loan limitations. § 1943.12 Farm ownership loan eligibility Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 * * * * * requirements. U.S.C. 1480. (e) If the purpose of the loan is to * * * * * finance a nonfarm enterprise. (a) * * * Subpart C—Disposal of Inventory * * * * * (1) Be a citizen of the United States, Property a United States non-citizen national, or § 1941.18 [Amended] a qualified alien under applicable ■ 22. Amend § 1955.103 by revising the ■ 13. Amend the first sentence of Federal immigration laws. United States definition of ‘‘Socially disadvantaged § 1941.18(b)(4) by changing the reference non-citizen nationals and qualified applicant’’ to read as follows:
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62225
§ 1955.103 Definitions. rule reduces the frequency of veterinary would have to be conducted in * * * * * inspections for swine that have accordance with State regulations. Socially disadvantaged applicant completed their interstate movement The proposed rule was intended to (SDA). An applicant who is a member within a single swine production system allow for greater flexibility in health of a socially disadvantaged group whose without diminishing the effectiveness of monitoring within a swine production members have been subjected to racial, our swine-disease monitoring and system without diminishing the ethnic, or gender prejudice because of surveillance activities. effectiveness of our swine-disease monitoring and surveillance activities. their identity as a member of a group, EFFECTIVE DATE: November 3, 2003. without regard to their individual We solicited comments concerning qualities. For entity SDA applicants, the FOR FURTHER INFORMATION CONTACT: Dr. our proposal for 60 days ending July 22, majority interest in the entity must be Adam Grow, Senior Staff Veterinarian, 2003. We received three comments by held by socially disadvantaged National Center for Animal Health that date. They were from a veterinary individuals. The Agency has identified Programs, VS, APHIS, 4700 River Road association and pork producers’ socially disadvantaged groups as Unit 43, Riverdale, MD 20737–1231; associations. All three commenters Women, Blacks, American Indians, (301) 734–7708. favored the proposed rule. Alaskan Natives, Hispanics, Asians, and SUPPLEMENTARY INFORMATION: Therefore, for the reasons given in the Pacific Islanders. proposed rule, we are adopting the Background * * * * * proposed rule as a final rule, without change. Dated: October 27, 2003. The regulations in subchapter C of J.B. Penn, chapter I, title 9, Code of Federal Miscellaneous Regulations, govern the interstate Under Secretary for Farm and Foreign While we are adopting the proposed Agricultural Services. movement of animals and animal rule as a final rule without change, we products to prevent the dissemination of Dated: October 28, 2003. are making three minor editorial livestock and poultry diseases in the changes to the regulations in part 71 in Thomas C. Dorr, United States. Part 71 of subchapter C Under Secretary for Rural Development. this final rule. First, in § 71.3(c), we are (referred to below as the regulations) correcting an outdated reference to [FR Doc. 03–27589 Filed 10–31–03; 8:45 am] includes, among other things, BILLING CODE 3410–05–P certain provisions of the tuberculosis requirements for the identification and regulations in part 77. Those provisions inspection of swine being moved had been contained in § 77.5, but in a interstate. DEPARTMENT OF AGRICULTURE final rule published in the Federal On May 23, 2003, we published in the Register on October 23, 2000 (65 FR Federal Register (68 FR 28167–28168, Animal and Plant Health Inspection 63502–63533, Docket No. 99–038–5), Docket No. 02–069–1) a proposal to Service were moved to § 77.17. The reference in amend the regulations to allow for § 71.3(c) to those provisions should greater flexibility in health inspections 9 CFR Part 71 have been updated at that time, but was of swine that have completed their not; we are correcting that oversight in [Docket No. 02–069–2] movement within a swine production this final rule. The other two changes system. Specifically, we proposed to we are making simply correct the Interstate Movement of Swine Within a amend our definition of swine Production System; Inspection of numbering of footnotes found in production health plan in § 71.1 by §§ 71.18 and 71.20. Swine limiting the requirement for mandatory Effective Date AGENCY: Animal and Plant Health veterinary inspections, at intervals of 30 Inspection Service, USDA. days or less, to swine that are or will be This is a substantive rule that relieves ACTION: Final rule. in the process of moving interstate restrictions and, pursuant to the within a swine production system and provisions of 5 U.S.C. 553, may be made SUMMARY: We are amending the to the premises on which such swine effective less than 30 days after regulations pertaining to the interstate are housed. Under our proposed rule, publication in the Federal Register. movement of swine by limiting the the swine production health plan would This rule limits the requirement for requirement for mandatory veterinary have to provide for health monitoring, mandatory veterinary inspections, at inspections, at intervals of 30 days or including inspection by the swine intervals of 30 days or less, to swine that less, to swine that are or will be in the production system accredited are or will be in the process of moving process of moving interstate within a veterinarian(s), of all swine within the interstate within a swine production swine production system and to the system. The required frequency of system and to the premises on which premises on which such swine are inspections would vary according to the such swine are housed. By reducing the housed. With this change, swine that nature of the premises and the swine frequency of required veterinary have arrived at a finishing house or that populate them. Inspections of inspections for swine that have other final destination within a single premises that contain swine that are or completed their interstate movement swine production system will no longer will be in the process of moving within a single swine production be required to undergo veterinary interstate within the swine production system, this final rule eases the burden inspections at intervals of 30 days or system and of all swine on those on swine producers, particularly those less. In order to ensure that finishing premises would still have to be involved in the operation of swine house animals will still undergo regular conducted by the accredited finishing houses or other final receiving health monitoring, swine that have veterinarian(s) at intervals of no greater destinations in swine production completed their interstate movement than 30 days. Inspections of premises systems. Therefore, the Administrator of within the swine production system, as containing only swine that have the Animal and Plant Health Inspection well as the premises on which they are completed their interstate movement Service has determined that this rule housed, will have to be inspected in within a single swine production system should be made effective upon accordance with State regulations. This and of all swine on those premises publication in the Federal Register.
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62226 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
Executive Order 12866 and Regulatory that are in conflict with this rule; (2) has § 71.18 [Amended] Flexibility Act no retroactive effect; and (3) does not ■ 4. In § 71.18, paragraph (a)(5), This rule has been reviewed under require administrative proceedings redesignate footnote 2 as footnote 6. before parties may file suit in court Executive Order 12866. The rule has § 71.20 [Amended] been determined to be not significant for challenging this rule. ■ 5. In § 71.20, paragraph (a), redesignate the purposes of Executive Order 12866 Paperwork Reduction Act and, therefore, has not been reviewed by footnote 6 as footnote 7. the Office of Management and Budget. This final rule contains no new Done in Washington, DC, this 28th day of This final rule removes a requirement information collection or recordkeeping October, 2003. in § 71.1 for veterinary inspections, at requirements under the Paperwork Kevin Shea, intervals no greater than 30 days, of Reduction Act of 1995 (44 U.S.C. 3501 Acting Administrator, Animal and Plant swine that have already completed their et seq.). Health Inspection Service. interstate movement within a swine List of Subjects in 9 CFR 71 [FR Doc. 03–27540 Filed 10–31–03; 8:45 am] production system. BILLING CODE 3410–34–P The entities likely to be affected by Animal diseases, Livestock, Poultry this final rule are swine owners and and poultry products, Quarantine, swine finishing houses or other final Reporting and recordkeeping DEPARTMENT OF AGRICULTURE receiving destinations in swine requirements, Transportation. production systems. Data from the 1997 Animal and Plant Health Inspection Census of Agriculture suggest that ■ Accordingly, we are amending 9 CFR Service approximately 109,754 swine farms may part 71 as follows: be affected, and that 98 percent of these 9 CFR Part 130 PART 71—GENERAL PROVISIONS swine farms can be classified as small [Docket No. 02–041–2] entities under the Small Business ■ 1. The authority citation for part 71 Administration criterion of $750,000 or Veterinary Services User Fees; Fee for continues to read as follows: less in revenue per year.1 Use of Animal Ramp at Miami The overall economic impact of this Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, International Airport rule is likely to be positive but small. 2.80, and 371.4. Swine operations will be able to forgo AGENCY: Animal and Plant Health certain costs of inspections at the ■ 2. In § 71.1, in the definition of swine Inspection Service, USDA. finishing houses or other final receiving production health plan, in the second ACTION: Final rule. premises in the swine production paragraph, the first sentence is removed system. The annual savings that may be and four new sentences are added in its SUMMARY: We are amending the realized by each swine operation are place to read as follows: regulations to establish a user fee for a Government-owned ramp at Miami difficult to estimate because many of the § 71.1 Definitions. accredited veterinarians who perform International Airport used to move the inspections are held under a retainer * * * * * animals off of and onto airplanes. Prior and perform other services for the swine Swine production health plan. *** to the establishment of this user fee, we operation. However, this rulemaking The plan must identify all premises that were able to recover the cost of labor in will allow the time and resources of the are part of the swine production system supervising and assisting importers and accredited veterinarian to be redirected and that receive or send swine in exporters in the ramp’s use through to other issues at the finishing houses or interstate commerce and must provide existing user fees, but we had to absorb other receiving premises, like caring for for health monitoring of all swine all other costs associated with the ramp. sick animals, thereby benefitting swine within the system. Such health The new user fee will ensure that we owners. monitoring must include inspections by recover costs incurred by the ramp’s Under these circumstances, the the swine production system accredited purchase and use and will shift the cost Administrator of the Animal and Plant veterinarian(s). Inspections of all of the ramp to those who receive Health Inspection Service has identified premises that contain swine benefits from its use. determined that this action will not that are or will be in the process of EFFECTIVE DATE: December 3, 2003. have a significant economic impact on moving interstate within the swine FOR FURTHER INFORMATION CONTACT: For a substantial number of small entities. production system and of all swine on information concerning program those premises must be conducted by Executive Order 12372 operations for Veterinary Services, the accredited veterinarian(s) at contact Ms. Inez Hockaday, Director, This program/activity is listed in the intervals of no greater than 30 days. Management Support Staff, VS, APHIS, Catalog of Federal Domestic Assistance Inspections of all identified receiving 4700 River Road Unit 44, Riverdale, MD under No. 10.025 and is subject to premises that contain only swine that 20737–1231, (301) 734–7517. Executive Order 12372, which requires have completed their interstate For information concerning rate intergovernmental consultation with movement within a single swine development of the user fee, contact State and local officials. (See 7 CFR part production system and of all swine on Mrs. Kris Caraher, Accountant, User 3015, subpart V.) those premises must be conducted in Fees Section, Financial Management Executive Order 12988 accordance with State regulations. Division, APHIS, 4700 River Road Unit *** This final rule has been reviewed 54, Riverdale, MD 20737–1232, (301) * * * * * under Executive Order 12988, Civil 734–8351. Justice Reform. This rule: (1) Preempts § 71.3 [Amended] SUPPLEMENTARY INFORMATION: all State and local laws and regulations ■ 3. In § 71.3, paragraph (c)(3), the Background 1 1997 Census of Agriculture, Hogs and Pigs citation ‘‘§ 77.5’’ is removed and the User fees to reimburse the Animal and Inventory (http://www.nass.usda.gov). citation ‘‘§ 77.17’’ is added in its place. Plant Health Inspection Service (APHIS)
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62227
for the costs of providing veterinary Though the fee is $151 per use State and local officials. (See 7 CFR part diagnostic services and import- and regardless of the number of animals 3015, subpart V.) export-related services for live animals being moved across the ramp, in the and birds and animal products are past clients have moved, on average, Executive Order 12988 contained in 9 CFR part 130 (referred to approximately 50 animals per ramp use. This final rule has been reviewed below as the regulations). APHIS Thus the average cost per animal for use under Executive Order 12988, Civil receives no directly appropriated funds of the ramp will be approximately $3. Justice Reform. This rule: (1) Preempts to provide these services; our ability to This is a negligible fee compared to the all State and local laws and regulations provide them depends on user fees. market value of the breeding animals that are inconsistent with this rule; (2) On May 12, 2003, we published in the and other upper-end livestock that are has no retroactive effect; and (3) does Federal Register (68 FR 25308–25310, transported by air and that may be not require administrative proceedings Docket No. 02–041–1) a proposal to moved using the ramp. For example, the before parties may file suit in court amend the regulations by establishing a average import/export price per head of challenging this rule. user fee for a Government-owned ramp purebred cattle in 2001 was $1,186, at Miami International Airport used to while the price of purebred horses was Paperwork Reduction Act move animals off of and onto airplanes. $9,653. Our customers, usually brokers, We solicited comments concerning our are likely to pass this fee on to their This final rule contains no new proposal for 60 days ending July 11, clients. information collection or recordkeeping 2003. We received one comment by that This new user fee is also similar to the requirements under the Paperwork date, from a private citizen. This fees charged for the use of similar ramps Reduction Act of 1995 (44 U.S.C. 3501 commenter supported the proposed user elsewhere. For example, O’Hare et seq.). International Airport in Chicago charges fee but requested that funds collected List of Subjects in 9 CFR Part 130 from the proposed user fee be used to approximately $150 for use of its ramp, construct a quarantine station. while one private horse-transporting Animals, Birds, Diagnostic reagents, User fees are intended to reimburse entity charges approximately $800 for Exports, Imports, Poultry and poultry APHIS for the costs of providing the the use of the ramp it owns. products, Quarantine, Reporting and specific services for which they are Impact on Small Entities recordkeeping requirements, Tests. charged. Using the fee for the use of the The Regulatory Flexibility Act ■ animal ramp at Miami International Accordingly, we are amending 9 CFR requires that agencies consider the part 130 as follows: Airport for any purpose other than economic effects of their rules on small reimbursing APHIS for the cost of the entities. The Small Business PART 130—USER FEES operation of that animal ramp would Administration (SBA) has published therefore be inappropriate. We are criteria for determining which economic ■ 1. The authority citation for part 130 making no changes in response to this entities meet the definition of a small continues to read as follows: comment. business. The entities affected by this Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 Note: In the proposed rule that preceded new user fee are most likely to be and 8301–8317; 21 U.S.C. 136 and 136a; 31 this action, we proposed to add the brokers and livestock owners importing paragraph detailing the new animal ramp U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 or exporting animals. The SBA CFR 2.22, 2.80, and 371.4. user fee to § 130.8, ‘‘User fees for other considers an entity engaged in services.’’ We have determined that the new importing and exporting live animals, fee would be more appropriately placed in ■ 2. Section 130.2 is amended as follows: poultry, and birds to be small if its total § 130.2, which contains fees for certain ■ sales are less than $5 million annually. a. By revising the section heading to animals and birds quarantined in APHIS- read as set forth below. owned or -operated quarantine facilities. For The total revenue of livestock brokers this reason, in this final rule, we are adding who transport animals through Miami ■ b. By adding a new paragraph (d) to the user fee for the animal ramp at Miami International Airport is not available, read as set forth below. International Airport to § 130.2 as a new but we expect that a majority of these paragraph (d) and changing the heading of brokers can be classified as small § 130.2 User fees for individual animals that section to read ‘‘User fees for individual and certain birds quarantined in APHIS- entities. While the majority of entities owned or -operated quarantine facilities, animals and certain birds quarantined in affected by the new user fee may be APHIS-owned or -operated quarantine including APHIS Animal Import Centers; facilities, including APHIS Animal Import small, this final rule is not expected to and fee for use of animal ramp. have a significant impact on them, due Centers; and fee for use of animal ramp.’’ * * * * * to the fact that the average fee per Therefore, for the reasons given in the animal is quite small in comparison to (d) Animal ramp. The user fee for the proposed rule and in this document, we the value of the livestock being transport ramp used to move animals on are adopting the proposed rule as a final transported. or off aircraft at APHIS’s Animal rule, with the change discussed above. Under these circumstances, the Import/Export and Plant Inspection Executive Order 12866 and Regulatory Administrator of the Animal and Plant Station at Miami International Airport is Flexibility Act Health Inspection Service has $151 per use. For labor services determined that this action will not associated with the ramp, the hourly This rule has been reviewed under have a significant economic impact on user fees in § 130.30 will apply. Executive Order 12866. The rule has a substantial number of small entities. been determined to be not significant for Done in Washington, DC, this 28th day of October, 2003. the purposes of Executive Order 12866 Executive Order 12372 and, therefore, has not been reviewed by This program/activity is listed in the Kevin Shea, the Office of Management and Budget. Catalog of Federal Domestic Assistance Acting Administrator, Animal and Plant This final rule establishes a user fee under No. 10.025 and is subject to Health Inspection Service. of $151 for the animal ramp APHIS Executive Order 12372, which requires [FR Doc. 03–27539 Filed 10–31–03; 8:45 am] operates at Miami International Airport. intergovernmental consultation with BILLING CODE 3410–34–P
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62228 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
DEPARTMENT OF AGRICULTURE regulations. On December 23, 1999, to provide information to a much FSIS published in the Federal Register, broader, more diverse audience. Food Safety and Inspection Service a final rule entitled, ‘‘Food Ingredients For more information contact the and Sources of Radiation Listed or Congressional and Public Affairs Office, 9 CFR Parts 319 and 381 Approved for Use in the Production of at (202) 720–9113. To be added to the [Docket No. 01–032N] Meat and Poultry Products.’’ The final free e-mail subscription service rule provided a comprehensive (Listserv) go to the ‘‘Constituent Approving Ingredients Used in the background regarding the status of food Update’’ page on the FSIS web site at Production of Meat and Poultry ingredients and sources of radiation http://www.fsis.usda.gov/oa/update/ Products: Use of Any Safe and currently listed in titles 9 and 21 of the update.htm. Click on the ‘‘Subscribe to Suitable Binder or Antimicrobial Agent CFR, and explained the process by the Constituent Update Listserv’’ link, in Meat and Poultry Products With which FDA and FSIS would be working then fill out and submit the form. Standards of Identity or Composition together regarding future requests for Done at Washington, DC, on October 29, approvals of ingredients to be used in 2003. AGENCY: Food Safety and Inspection meat and poultry products, which are Garry L. McKee, Service, USDA. under USDA jurisdiction. Administrator. ACTION: After publishing that rule, the two Affirmation of effective date for [FR Doc. 03–27591 Filed 10–31–03; 8:45 am] direct final rule. agencies entered into a memorandum of understanding that outlines the BILLING CODE 3410–DM–P SUMMARY: On April 29, 2003, the Food responsibilities of each Agency during Safety and Inspection Service (FSIS) the joint review of new ingredients or published a direct final rule ‘‘Approving new uses of previously approved DEPARTMENT OF TRANSPORTATION Ingredients Used in the Production of ingredients. Under the Federal Food, Meat and Poultry Products: Use of Any Drug and Cosmetic Act (FFDCA), FDA Federal Aviation Administration Safe and Suitable Binder or has the responsibility for determining Antimicrobial Agent in Meat and the safety of ingredients. FSIS has 14 CFR Part 39 Poultry Products with Standards of authority under the Federal Meat [Docket No. 2003–NE–40–AD; Amendment Identity or Composition’’ in the Federal Inspection Act (FMIA) and the Poultry 39–13357; AD 2003–22–09] Register. This direct final rule amended Products Inspection Act (PPIA) to RIN 2120–AA64 the Federal meat and poultry products determine whether new ingredients, or inspection regulations to permit the use new uses of previously approved Airworthiness Directives; Pratt & of any safe and suitable binder or ingredients, are suitable for their Whitney PW4074, PW4074D, PW4077, antimicrobial agent in the production of intended use in meat and poultry PW4077D, PW4084, PW4084D, meat and poultry products that are products. PW4090, PW4090D, PW4090–3, and subject to a standard of identity or FSIS received no comments in PW4098 Turbofan Engines composition that provides for the use of response to the direct final rule such ingredients. published on April 29, 2003. Therefore, AGENCY: Federal Aviation the amendments to the regulations will Administration (FAA), DOT. EFFECTIVE DATE: June 30, 2003. be effective on June 30, 2003. ACTION: Final rule; request for FOR FURTHER INFORMATION CONTACT: comments. Robert Post, Director, Labeling and Additional Public Notification Consumer Protection Staff, Office of Public awareness of all segments of SUMMARY: The FAA is adopting a new Policy and Program Development, Food rulemaking and policy development is airworthiness directive (AD) for Pratt & Safety and Inspection Service, U.S. important. Consequently, in an effort to Whitney PW4074, PW4074D, PW4077, Department of Agriculture, Washington, better ensure that minorities, women, PW4077D, PW4084, PW4084D, DC 20250–3700; (202) 205–0279. and persons with disabilities are aware PW4090, PW4090D, PW4090–3, and SUPPLEMENTARY INFORMATION: of this notice, FSIS will announce it and PW4098 turbofan engines. This AD make copies of this Federal Register requires borescope inspection of the No. Background publication available through the FSIS 3 bearing weep tube, on engines with FSIS published a direct final rule, Constituent Update. FSIS provides a high oil consumption that ‘‘Approving Ingredients Used in the weekly Constituent Update, which is troubleshooting procedures fail to Production of Meat and Poultry communicated via Listserv, a free e-mail determine the source of oil loss. This Products: Use of Any Safe and Suitable subscription service. In addition, the AD also requires for all engines, initial Binder or Antimicrobial Agent in Meat update is available on-line through the and repetitive visual inspections of the and Poultry Products with Standards of FSIS web page located at http:// turbine exhaust case (TEC) in the Identity or Composition’’ (68 FR 22576, www.fsis.usda.gov. The update is used vicinity of the No 3 bearing oil vent tube 4/29/03). This direct final rule amended to provide information regarding FSIS for evidence of oil wetting or staining. the Federal meat and poultry products policies, procedures, regulations, If the vent tube borescope inspection is inspection regulations by permitting the Federal Register notices, FSIS public unsuccessful due to tube blockage, this use of any safe and suitable binder or meetings, recalls, and any other types of AD also requires borescope inspections antimicrobial agent in the production of information that could affect or would of the high pressure turbine (HPT) meat and poultry products that are be of interest to our constituents/ assembly for oil wetting or staining. subject to a standard of identity or stakeholders. The constituent Listserv This AD also requires removal of the composition that provides for the use of consists of industry, trade, and farm HPT assembly and replacement of any such ingredients. The use of these groups, consumer interest groups, allied heat distressed HPT assembly hardware ingredients must be consistent with any health professionals, scientific if oil wetting or staining is found. This limitations or conditions of use professionals, and other individuals that AD is prompted by reports of engine prescribed in applicable FSIS or Food have requested to be included. Through HPT assembly hardware being damaged and Drug Administration (FDA) the Listserv and web page, FSIS is able as a result of thermal distress from oil
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62229
igniting after leaking from the No. 3 rotation lugs and HPT stage 1–2 air seal procedures fail to determine the source bearing compartment. We are issuing that may result in an uncontained of oil loss. this AD to prevent thermal distressed engine failure. The root cause of the oil • For all engines, initial and HPT assembly hardware from remaining leakage is currently unknown. The repetitive visual inspections of the TEC, in service, which could result in a manufacturer suspects the following in the vicinity of the No. 3 bearing oil cracked HPT stage 1 disk or HPT stage three causes: vent tube assembly and borescope 1–2 air seal and an uncontained engine • Clogging of the oil passages on the inspections of the No. 3 bearing oil vent failure. No. 3 seal plates. tube assembly, for evidence of oil • DATES: Effective December 3, 2003. The Wear on the anti-rotation slots on wetting or staining. • Director of the Federal Register the No. 3 carbon seal carriers. Borescope inspections of the HPT • approved the incorporation by reference Loose stack of the No. 3 bearing assembly for oil wetting or staining, if of certain publications listed in the compartment. the vent tube borescope inspection is unsuccessful due to tube blockage. regulations as of December 3, 2003. Relevant Service Information • We must receive any comments on Removal of the HPT assembly and this AD by January 2, 2004. We have reviewed and approved the replacement of any heat distressed HPT technical contents of Pratt & Whitney assembly hardware if oil wetting or ADDRESSES: Use one of the following Alert Service Bulletin (ASB) No. PW4G– staining is found. addresses to submit comments on this 112–A72–257, Revision 1, dated August AD: You must use the service information 22, 2003, that describes procedures for: • By mail: The Federal Aviation described previously to perform the • Borescope inspection of the No. 3 Administration (FAA), New England actions required by this AD. bearing weep tube, on engines with high Region, Office of the Regional Counsel, oil consumption that troubleshooting FAA’s Determination of the Effective Attention: Rules Docket No. 2003–NE– procedures fail to determine the source Date 40–AD, 12 New England Executive Park, of oil loss. Since an unsafe condition exists that Burlington, MA 01803–5299. • For all engines, initial and • By fax: (781) 238–7055. requires the immediate adoption of this • By e-mail: 9-ane- repetitive visual inspections of the TEC, AD, we have found that notice and [email protected]. in the vicinity of the No. 3 bearing oil opportunity for public comment before You can get the service information vent tube assembly and borescope issuing this AD are impracticable, and referenced in this AD from Pratt & inspections of the No. 3 bearing oil vent that good cause exists for making this Whitney, 400 Main St., East Hartford, tube assembly, for evidence of oil amendment effective in less than 30 wetting or staining. days. CT 06108; telephone (860) 565–7700; • fax (860) 565–1605. Borescope inspection of the HPT assembly for evidence of oil wetting or Changes to 14 CFR Part 39—Effect on You may examine the AD docket, by the AD appointment, at the FAA, New England staining if the borescope inspection of Region, Office of the Regional Counsel, the No. 3 bearing oil vent tube assembly On July 10, 2002, we issued a new is unsuccessful due to blockage. version of 14 CFR part 39 (67 FR 47998, 12 New England Executive Park, • Burlington, MA. You may examine the Removal of the engine if oil wetting July 22, 2002), which governs our AD service information, by appointment, at or staining is found. system. This regulation now includes material that relates to special flight the FAA, New England Region, Office of Differences Between This AD and the permits, alternative methods of the Regional Counsel, 12 New England Service Information Executive Park, Burlington, MA; or at compliance, and altered products. This Although ASB No. PW4G–112–A72– the Office of the Federal Register, 800 material previously was included in 257, Revision 1, dated August 22, 2003, North Capitol Street, NW., suite 700, each individual AD. Since this material requires removal of the engine from Washington, DC. is included in 14 CFR part 39, we will service if oil wetting or staining is not include it in future AD actions. FOR FURTHER INFORMATION CONTACT: found, this AD requires removal of the Keith Lardie, Aerospace Engineer, HPT assembly and replacement of any Interim Action Engine Certification Office, FAA, Engine heat distressed HPT assembly hardware These actions are interim actions and and Propeller Directorate, 12 New if oil wetting or staining is found. we may take further rulemaking actions England Executive Park, Burlington, MA in the future, when the manufacturer’s FAA’s Determination and Requirements 01803–5299; telephone (781) 238–7189; investigation is completed. fax (781) 238–7199. of This AD SUPPLEMENTARY INFORMATION: The FAA The unsafe condition described Comments Invited is aware of seven reports of Pratt & previously is likely to exist or develop This AD is a final rule that involves Whitney PW4074, PW4074D, PW4077, on other Pratt & Whitney PW4074, requirements affecting flight safety and PW4077D, PW4084, PW4084D, PW4074D, PW4077, PW4077D, was not preceded by notice and an PW4090, PW4090D, PW4090–3, and PW4084, PW4084D, PW4090, opportunity for public comment; PW4098 turbofan engines with HPT PW4090D, PW4090–3, and PW4098 however, we invite you to submit any thermal distress caused by ignition of turbofan engines of the same type written relevant data, views, or oil in cavities of the HPT assembly. This design. We are issuing this AD to arguments regarding this AD. Send your oil ignition was the result of oil leaking prevent thermal distressed HPT comments to an address listed under from the No. 3 bearing compartment. assembly hardware to remain in service, ADDRESSES. Include ‘‘AD Docket No. Five of those engines were approaching which could result in a cracked HPT 2003–NE–40–AD’’ in the subject line of or exceeded high oil consumption stage 1 disk or HPT stage 1–2 air seal your comments. If you want us to limits. Four of the engines had distress and an uncontained engine failure. This acknowledge receipt of your mailed resulting in significant damage to the AD requires: comments, send us a self-addressed, HPT assembly. Over time, the increased • Borescope inspection of the No. 3 stamped postcard with the docket temperatures from oil ignition can cause bearing weep tube on engines with high number written on it; we will date- cracking of the HPT stage 1 disk anti- oil consumption that troubleshooting stamp your postcard and mail it back to
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62230 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
you. We specifically invite comments the Federal Aviation Administration wetting or staining. Follow Step 3, on the overall regulatory, economic, amends part 39 of the Federal Aviation paragraphs 1. through 1.A.(8)(a) of environmental, and energy aspects of Regulations (14 CFR part 39) as follows: Accomplishment Instructions of Pratt & the rule that might suggest a need to Whitney ASB No. PW4G–112–A72–257, Revision 1, dated August 22, 2003. modify it. If a person contacts us PART 39—AIRWORTHINESS DIRECTIVES (2) If the No. 3 bearing oil vent tube is verbally, and that contact relates to a blocked and attempts to clear it are substantive part of this AD, we will ■ 1. The authority citation for part 39 unsuccessful, borescope-inspect the HPT summarize the contact and place the continues to read as follows: assembly, following Step 4, paragraphs 1. summary in the docket. We will through 1.B(14) of Accomplishment consider all comments received by the Authority: 49 U.S.C. 106(g), 40113, 44701. Instructions of ASB No. PW4G–112–A72– closing date and may amend the AD in § 39.13 [Amended] 257, Revision 1, dated August 22, 2003. (3) Remove the HPT assembly within 100 light of those comments. ■ We are reviewing the writing style we 2. The FAA amends § 39.13 by adding CIS of the high oil consumption event if currently use in regulatory documents. the following new airworthiness evidence of oil wetting or staining is found directive: in the No. 3 bearing oil vent tube or on the We are interested in your comments on HPT first stage disk. whether the style of this document is 2003–22–09 Pratt & Whitney: Amendment (4) Replace any heat distressed HPT 39–13357. Docket No. 2003–NE–40–AD. clear, and your suggestions to improve assembly hardware if oil wetting or staining the clarity of our communications with Effective Date is found. you. You may get more information (a) This airworthiness directive (AD) Turbine Exhaust Case (TEC) Inspections Of about plain language at http:// becomes effective December 3, 2003. All Engines www.faa.gov/language and http:// www.plainlanguage.gov. Affected ADs (h) Inspect the TEC of all engines, within (b) None. 500 hours-in-service (HIS) after the effective Examining the AD Docket Applicability: (c) This AD applies to Pratt date of this AD as follows: & Whitney PW4074, PW4074D, PW4077, (1) Visually inspect the TEC in the vicinity You may examine the AD Docket of the No. 3 bearing oil vent tube assembly (including any comments and service PW4077D, PW4084, PW4084D, PW4090, PW4090D, PW4090–3, and PW4098 turbofan for evidence of oil wetting or staining, using information), by appointment, between engines. These engines are installed on, but Figure 2 of Pratt & Whitney ASB No. PW4G– 8 a.m. and 4:30 p.m., Monday through not limited to, Boeing 777 series airplanes. 112–A72–257, Revision 1, dated August 22, Friday, except Federal holidays. See 2003, for location of inspection. ADDRESSES for the location. Unsafe Condition (2) If evidence of oil wetting or staining is (d) This AD is prompted by reports of found at the TEC, borescope-inspect the No. Regulatory Findings engine high pressure turbine (HPT) assembly 3 bearing oil vent tube assembly within 100 We have determined that this AD will hardware being damaged as a result of additional CIS, to confirm the oil is from the not have federalism implications under thermal distress from oil igniting after vent tube. Follow Step 1, paragraphs 1.B. leaking from the No. 3 bearing compartment. through 1.D.(8)(a) of Accomplishment Executive Order 13132. This AD will Instructions of Pratt & Whitney ASB No. not have a substantial direct effect on We are issuing this AD to prevent thermal distressed HPT assembly hardware from PW4G–112–A72–257, Revision 1, dated the States, on the relationship between remaining in service, which could result in August 22, 2003. the national Government and the States, a cracked HPT stage 1 disk and HPT stage 1– (3) If the No. 3 bearing oil vent tube is or on the distribution of power and 2 air seal and an uncontained engine failure. blocked and attempts to clear it are responsibilities among the various unsuccessful, borescope-inspect the HPT levels of government. Compliance assembly following Step 4, paragraphs 1. For the reasons discussed above, I (e) You are responsible for having the through 1.B.(14) of Accomplishment certify that the regulation: actions required by this AD performed within Instructions of ASB No. PW4G–112–A72– 1. Is not a ‘‘significant regulatory the compliance times specified unless the 257, Revision 1, dated August 22, 2003. actions have already been done. (4) Remove the HPT assembly within 100 action’’ under Executive Order 12866; CIS since performing the visual inspection of 2. Is not a ‘‘significant rule’’ under the Credit for Previous Inspections the TEC specified in paragraph (h)(1) of this DOT Regulatory Policies and Procedures (f) Inspections performed before the AD, if evidence of oil wetting or staining is (44 FR 11034, February 26, 1979); and effective date of this AD, using Pratt & found in the No. 3 bearing oil vent tube or 3. Will not have a significant Whitney Alert Service Bulletin (ASB) No. found on the HPT first stage disk. economic impact, positive or negative, PW4G–112–A72–257, dated June 30, 2003, (5) Replace any heat distressed HPT on a substantial number of small entities may be counted toward satisfying the initial assembly hardware if oil wetting or staining under the criteria of the Regulatory and repetitive inspection requirements of is found. paragraphs (g) through (k) of this AD. Flexibility Act. Borescope Inspections of All Engines We prepared a summary of the costs Borescope Inspection of Engines With High (i) Borescope-inspect the No. 3 bearing oil to comply with this AD and placed it in Oil Consumption vent tube assembly of all engines at or before the AD Docket. You may get a copy of (g) For engines with high oil consumption accumulating 600 CIS or 2,000 HIS, this summary by sending a request to us that troubleshooting procedures fail to whichever occurs first, after the effective date at the address listed under ADDRESSES. determine the source of oil loss, borescope- of this AD, as follows: Include ‘‘AD Docket No. 2003–NE–40– inspect No. 3 bearing oil vent tube assembly (1) Borescope-inspect the No. 3 bearing oil AD’’ in your request. and or HPT assembly within 100 cycles-in- vent tube assembly for evidence of oil service (CIS) of the high oil consumption wetting or staining. Follow Step 2, List of Subjects in 14 CFR Part 39 event, using paragraphs (g)(1) through (g)(2) paragraphs 1. through 1.A.(8) of Air transportation, Aircraft, Aviation of this AD. Information on troubleshooting Accomplishment Instructions of Pratt & safety, Incorporation by reference, engines with high oil consumption can be Whitney ASB No. PW4G–112–A72–257, Safety. found in Boeing 777 Fault Isolation Manual Revision 1, dated August 22, 2003. (FIM), section 71–05, Task 830, dated January (2) If the No. 3 bearing oil vent tube is Adoption of the Amendment 5, 2003. See paragraph (l) of this AD for a blocked and attempts to clear it are definition of high oil consumption. unsuccessful, borescope-inspect the HPT ■ Accordingly, under the authority (1) Borescope-inspect the No. 3 bearing oil assembly following Step 4, paragraphs 1. delegated to me by the Administrator, vent tube assembly for evidence of oil through 1.B.(14) of Accomplishment
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62231
Instructions of ASB No. PW4G–112–A72– (k) Repeat borescope inspections of all AD if requested using the procedures found 257, Revision 1, dated August 22, 2003. engines by following paragraphs (i)(1) in 14 CFR 39.19. (3) Remove the HPT assembly within 100 through (i)(2) of this AD, at intervals not to Material Incorporated by Reference CIS since performing the visual inspection of exceed 600 CIS or 2,000 HIS since last the TEC specified in paragraph (h)(1) of this borescope inspection of the No. 3 oil vent (n) You must follow Pratt & Whitney Alert Service Bulletin specified in Table 1 to AD, if evidence of oil wetting or staining is tube, and disposition the engine as specified found in the No. 3 bearing oil vent tube or perform the inspections required by this AD. in paragraphs (i)(3) through (i)(4) of this AD. found on the HPT first stage disk. The Director of the Federal Register approved (4) Replace any heat distressed HPT Definition the incorporation by reference of this service assembly hardware if oil wetting or staining bulletin in accordance with 5 U.S.C. 552(a) (l) For the purposes of this AD, high oil is found. and 1 CFR part 51. You can get a copy from consumption is defined as an engine Pratt & Whitney, 400 Main St., East Hartford, Repetitive Inspections of All Engines consuming more than 0.5 quarts of oil per CT 06108; telephone (860) 565–7700; fax (j) Repeat the inspections of the TEC of all hour, as provided in the Boeing 777 FIM. (860) 565–1605. You may review copies at engines by following paragraphs (h)(1) the FAA, New England Region, Office of the Alternative Methods of Compliance through (h)(3) of this AD, at intervals not to Regional Counsel, 12 New England Executive exceed 500 HIS since last visual check of the (m) The Manager, Engine Certification Park, Burlington, MA; or at the Office of the TEC, and disposition the engine as specified Office, has the authority to approve Federal Register, 800 North Capitol Street, in paragraphs (h)(4) through (h)(5) of this AD. alternative methods of compliance for this NW., suite 700, Washington, DC.
TABLE 1.—INCORPORATION BY REFERENCE
Alert service bulletin No. Page Nos. Revision Date
PW4G–112–A72–257 ...... 1–5 1 ...... August 22, 2003. 6–7 Original ...... June 30, 2003. 8 1 ...... August 22, 2003. 9 Original ...... June 30, 2003. 10 1 ...... August 22, 2003. 11 Original ...... June 30, 2003. 12 1 ...... August 22, 2003. 13–22 Original ...... June 30, 2003. Total pages: 22
Related Information airplanes, that requires a one-time FOR FURTHER INFORMATION CONTACT: Ron (o) Boeing 777 Fault Isolation Manual, inspection of the barrel nut holes of the Atmur, Aerospace Engineer, Airframe section 71–05, Task 830, dated January 5, upper spar caps and skin panel of the Branch, ANM–120L, FAA, Los Angeles 2003, pertains to high oil consumption horizontal stabilizer for corrosion, and Aircraft Certification Office, 3960 troubleshooting procedures referred to in this follow-on and corrective actions if Paramount Boulevard, Lakewood, AD. necessary. This action is necessary to California 90712–4137; telephone (562) Issued in Burlington, Massachusetts, on prevent such corrosion, which could 627–5224; fax (562) 627–5210. October 24, 2003. result in structural damage and SUPPLEMENTARY INFORMATION: A Peter A. White, consequent reduced controllability of proposal to amend part 39 of the Federal Acting Manager, Engine and Propeller the airplane. This action is intended to Aviation Regulations (14 CFR part 39) to Directorate, Aircraft Certification Service. address the identified unsafe condition. include an airworthiness directive (AD) [FR Doc. 03–27327 Filed 10–31–03; 8:45 am] DATES: Effective December 8, 2003. that is applicable to certain McDonnell BILLING CODE 4910–13–P Douglas Model MD–11 and –11F The incorporation by reference of airplanes was published in the Federal certain publications listed in the Register on May 29, 2003 (68 FR 32001). regulations is approved by the Director DEPARTMENT OF TRANSPORTATION That action proposed to require a one- of the Federal Register as of December time inspection of the barrel nut holes Federal Aviation Administration 8, 2003. of the upper spar caps and skin panel ADDRESSES: The service information of the horizontal stabilizer for corrosion, 14 CFR Part 39 referenced in this AD may be obtained and follow-on and corrective actions if [Docket No. 2002–NM–06–AD; Amendment from Boeing Commercial Airplane necessary. 39–13356; AD 2003–22–08] Group, Long Beach Division, 3855 Comments Lakewood Boulevard, Long Beach, RIN 2120–AA64 California 90846, Attention: Data and Interested persons have been afforded Airworthiness Directives; McDonnell Service Management, Dept. C1–L5A an opportunity to participate in the Douglas Model MD–11 and –11F (D800–0024). This information may be making of this amendment. Due Airplanes examined at the Federal Aviation consideration has been given to the Administration (FAA), Transport comment received. AGENCY: Airplane Directorate, Rules Docket, Federal Aviation Request To Extend Compliance Time Administration, DOT. 1601 Lind Avenue SW, Renton, ACTION: Final rule. Washington; or at the FAA, Los Angeles The commenter requests that the Aircraft Certification Office, 3960 compliance time for the proposed one- SUMMARY: This amendment adopts a Paramount Boulevard, Lakewood, time inspection be extended from 18 new airworthiness directive (AD), California; or at the Office of the Federal months to 36 months, and that the applicable to certain McDonnell Register, 800 North Capitol Street, NW., proposed AD be revised to include a Douglas Model MD–11 and –11F suite 700, Washington, DC. new revision to the referenced service
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62232 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
bulletin. The commenter states that it such methods or adjustments would Regulatory Impact has inspected over 10 percent of its provide an acceptable level of safety. The regulations adopted herein will fleet, during which all three corrosion Conclusion not have a substantial direct effect on conditions were found. Finding these the States, on the relationship between conditions caused the commenter to do After careful review of the available the national Government and the States, a more extensive inspection. To data, including the comment noted or on the distribution of power and accomplish the more extensive above, the FAA has determined that air responsibilities among the various inspection, the commenter asserts that it safety and the public interest require the levels of government. Therefore, it is takes an average of 1,650 work hours per adoption of the rule as proposed. determined that this final rule does not airplane, and approximately 5,000 work have federalism implications under hours for earlier manufactured Changes to 14 CFR Part 39/Effect on the Executive Order 13132. airplanes. In light of the more extensive AD For the reasons discussed above, I inspection, the commenter states that a certify that this action (1) is not a compliance time of 36 months would be On July 10, 2002, the FAA issued a ‘‘significant regulatory action’’ under more realistic. new version of 14 CFR part 39 (67 FR In addition, the commenter states that 47997, July 22, 2002), which governs the Executive Order 12866; (2) is not a the manufacturer is revising Boeing FAA’s airworthiness directives system. ‘‘significant rule’’ under DOT Service Bulletin MD11–55–023 (which The regulation now includes material Regulatory Policies and Procedures (44 was referenced as the appropriate that relates to altered products, special FR 11034, February 26, 1979); and (3) source of service information for the flight permits, and alternative methods will not have a significant economic actions specified in the proposed AD) to of compliance. However, for clarity and impact, positive or negative, on a incorporate a more extensive inspection consistency in this final rule, we have substantial number of small entities along with an extended compliance retained the language of the NPRM under the criteria of the Regulatory time. The recommended compliance regarding that material. Flexibility Act. A final evaluation has been prepared for this action and it is time for the more extensive inspection Change to Labor Rate Estimate (Phase II) would be at the next contained in the Rules Docket. A copy scheduled heavy maintenance check or We have reviewed the figures we have of it may be obtained from the Rules within 6 years after the Phase I used over the past several years to Docket at the location provided under inspection (specified in the proposed calculate AD costs to operators. To the caption ADDRESSES. AD). Therefore, the commenter asserts account for various inflationary costs in List of Subjects in 14 CFR Part 39 that the proposed AD should be revised the airline industry, we find it necessary to include the new service bulletin to increase the labor rate used in these Air transportation, Aircraft, Aviation revision for accomplishment of the more calculations from $60 per work hour to safety, Incorporation by reference, extensive inspection. $65 per work hour. The cost impact Safety. From these statements, the FAA infers information, below, reflects this Adoption of the Amendment that the commenter is requesting that increase in the specified hourly labor the proposed AD also be revised to rate. ■ Accordingly, pursuant to the authority include a more extensive inspection for delegated to me by the Administrator, which they are requesting an extended Cost Impact the Federal Aviation Administration amends part 39 of the Federal Aviation compliance time. We do not agree that There are approximately 191 Regulations (14 CFR part 39) as follows: the 18-month compliance time should airplanes of the affected design in the be extended or that a more extensive worldwide fleet. The FAA estimates that inspection should be added to the PART 39—AIRWORTHINESS 66 airplanes of U.S. registry will be DIRECTIVES proposed AD. We have determined that affected by this AD, that it will take the required inspection is sufficient to approximately 6 work hours per ■ 1. The authority citation for part 39 ensure an adequate level of safety for airplane to accomplish the required continues to read as follows: the transport fleet. We have coordinated inspection, and that the average labor this issue with the manufacturer and Authority: 49 U.S.C. 106(g), 40113, 44701. rate is $65 per work hour. Based on have determined that the 18-month these figures, the cost impact of the § 39.13 [Amended] compliance time is appropriate for the inspection required by this AD on U.S. ■ inspection method specified in this final 2. Section 39.13 is amended by adding operators is estimated to be $25,740, or rule. However, we may consider the following new airworthiness $390 per airplane. additional rulemaking to mandate a directive: more extensive inspection and The cost impact figure discussed 2003–22–08 McDonnell Douglas: compliance time once the manufacturer above is based on assumptions that no Amendment 39–13356. Docket 2002– has issued, and we have reviewed and operator has yet accomplished any of NM–06–AD. approved, a revision of the service the requirements of this AD action, and Applicability: Model MD–11 and –11F bulletin incorporating such an that no operator would accomplish airplanes, as listed in Boeing Service Bulletin inspection. No change has been made to those actions in the future if this AD MD11–55–023, dated November 28, 2001; this final rule in this regard. were not adopted. The cost impact certificated in any category. We note that the commenter has been figures discussed in AD rulemaking Note 1: This AD applies to each airplane proactive in accomplishing a more actions represent only the time identified in the preceding applicability thorough inspection than was specified necessary to perform the specific actions provision, regardless of whether it has been in the proposed AD. Under the actually required by the AD. These modified, altered, or repaired in the area subject to the requirements of this AD. For provisions of paragraph (b) of this final figures typically do not include airplanes that have been modified, altered, or rule, we may consider requests for incidental costs, such as the time repaired so that the performance of the alternative methods of compliance or required to gain access and close up, requirements of this AD is affected, the adjustments to the compliance time if planning time, or time necessitated by owner/operator must request approval for an data are submitted to substantiate that other administrative actions. alternative method of compliance in
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62233
accordance with paragraph (b) of this AD. add comments and then send it to the BA, D, and AS355E helicopters, that The request should include an assessment of Manager, Los Angeles ACO. currently requires removing certain the effect of the modification, alteration, or Note 3: Information concerning the serial-numbered main servocontrols repair on the unsafe condition addressed by existence of approved alternative methods of before further flight. This amendment this AD; and, if the unsafe condition has not compliance with this AD, if any, may be contains the same requirements but also been eliminated, the request should include obtained from the Los Angeles ACO. specific proposed actions to address it. requires removing certain other main Compliance: Required as indicated, unless Special Flight Permit and tail servocontrols on or before 550 accomplished previously. (c) Special flight permits may be issued in hours time-in-service (TIS) or 24 To prevent corrosion of the barrel nut holes accordance with sections 21.197 and 21.199 months, whichever occurs first. Also, of the upper spar caps and skin panel of the of the Federal Aviation Regulations (14 CFR this amendment adds the Eurocopter horizontal stabilizer, which could result in 21.197 and 21.199) to operate the airplane to Model AS350C, D1, and AS355F, F1, structural damage and consequent reduced a location where the requirements of this AD F2, and N helicopters to the controllability of the airplane, accomplish can be accomplished. applicability. This amendment is the following: Incorporation by Reference prompted by the discovery of a One-Time Inspection/ Follow-on and manufacturing defect in another set of Corrective Actions (d) Unless otherwise specified in this AD, the actions shall be done in accordance with servocontrols. The actions specified by (a) Within 18 months or 6,000 flight hours Boeing Service Bulletin MD11–55–023, this AD are intended to prevent failure after the effective date of this AD, whichever including Appendix A, dated November 28, of a main or tail servocontrol in the is later: Do a one-time detailed inspection of 2001. This incorporation by reference was flight control system and subsequent the barrel nut holes of the upper spar caps approved by the Director of the Federal loss of control of the helicopter. and skin panel of the horizontal stabilizer for Register in accordance with 5 U.S.C. 552(a) DATES: Effective December 8, 2003. corrosion, per Boeing Service Bulletin and 1 CFR part 51. Copies may be obtained FOR FURTHER INFORMATION CONTACT: MD11–55–023, including Appendix A, dated from Boeing Commercial Airplane Group, November 28, 2001. Before further flight, do Long Beach Division, 3855 Lakewood Uday Garadi, Aviation Safety Engineer, the actions required by paragraph (a)(1), Boulevard, Long Beach, California 90846, FAA, Rotorcraft Directorate, Regulations (a)(2), (a)(3), or (a)(4) of this AD, as Attention: Data and Service Management, and Guidance Group, Fort Worth, Texas applicable. Dept. C1–L5A (D800–0024). Copies may be 76193–0110, telephone (817) 222–5123, Note 2: For the purposes of this AD, a inspected at the FAA, Transport Airplane fax (817) 222–5961. detailed inspection is defined as: ‘‘An Directorate, 1601 Lind Avenue SW, Renton, SUPPLEMENTARY INFORMATION: On intensive visual examination of a specific Washington; or at the FAA, Los Angeles structural area, system, installation, or December 21, 2001, the FAA issued Aircraft Certification Office, 3960 Paramount Emergency AD 2001–26–53 (EAD). That assembly to detect damage, failure, or Boulevard, Lakewood, California; or at the irregularity. Available lighting is normally Office of the Federal Register, 800 North EAD was published in the Federal supplemented with a direct source of good Capitol Street, NW., suite 700, Washington, Register as a final rule; request for lighting at intensity deemed appropriate by DC. comments on January 22, 2002, Docket the inspector. Inspection aids such as mirror, No. 2001–SW–70–AD, Amendment 39– magnifying lenses, etc., may be used. Surface Effective Date 12605 (67 FR 2804). A proposal to cleaning and elaborate access procedures (e) This amendment becomes effective on amend 14 CFR part 39 by superseding may be required.’’ December 8, 2003. AD 2001–26–53 for the specified (1) If no corrosion is found: Clean, seal, Issued in Renton, Washington, on October Eurocopter model helicopters was and tape the barrel nut holes per Figure 4 of 24, 2003. the service bulletin. published in the Federal Register on (2) If corrosion is found that does not Vi L. Lipski, July 16, 2003 (68 FR 41968). The action exceed the limits specified in Figure 2 of the Manager, Transport Airplane Directorate, proposed to retain the requirements in service bulletin: Remove and retain the barrel Aircraft Certification Service. the existing AD to remove certain main nuts and bolts, remove the corrosion of the [FR Doc. 03–27320 Filed 10–31–03; 8:45 am] servocontrols before further flight. The barrel nut hole, seal and tape the holes per BILLING CODE 4910–13–P action also proposed removing certain Figure 4 of the service bulletin, and reinstall main and tail servocontrols within 550 the barrel nuts and bolts per Figure 2 of the hours TIS or 24 months, whichever service bulletin. (3) If corrosion is found that does not DEPARTMENT OF TRANSPORTATION occurs first, and adding the Eurocopter exceed 0.060 inch on the barrel nut bottom: Model AS350C, D1, and AS355F, F1, Remove and retain the barrel nuts and bolts, Federal Aviation Administration F2, and N helicopters to the remove the corrosion, fabricate and install applicability. bushings, seal and tape the holes per Figure 14 CFR Part 39 The FAA has reviewed Eurocopter 4 of the service bulletin, and reinstall the [Docket No. 2003–SW–18–AD; Amendment Alert Service Bulletin No. 01.00.48 for barrel nuts and bolts per Figure 2 of the 39–13359; AD 2003–22–11] Model AS355E, F, F1, F2, and N service bulletin. helicopters and No. 01.00.52 for Model (4) If corrosion is found in the barrel nut RIN 2120–AA64 AS350B, BA, B1, B2, B3, BB, and D bearing area, and/or corrosion exceeds the dimensional limits for each hole specified in Airworthiness Directives; Eurocopter helicopters, both dated May 16, 2002, Figure 2 of service bulletin: Repair in France Model AS350B, B1, B2, B3, BA, which advise replacing certain main accordance with a method approved by the C, D, D1, and AS355E, F, F1, F2, and servocontrols, before further flight, and Manager, Los Angeles Aircraft Certification N Helicopters certain other main and tail servocontrols Office (ACO), FAA. within 550 hours or 24 months. Alternative Methods of Compliance AGENCY: Federal Aviation The Direction General De L’Aviation Administration, DOT. Civile (DGAC), the airworthiness (b) An alternative method of compliance or authority for France, notified the FAA adjustment of the compliance time that ACTION: Final rule. provides an acceptable level of safety may be that an unsafe condition may exist on used if approved by the Manager, Los SUMMARY: This amendment supersedes Eurocopter Model AS350B, BB, B1, B2, Angeles ACO. Operators shall submit their an existing airworthiness directive (AD) B3, BA, D, and AS355E, F, F1, F2, and requests through an appropriate FAA for the specified Eurocopter France N helicopters. The DGAC advises of the Principal Maintenance Inspector, who may (Eurocopter) Model AS350B, B1, B2, B3, discovery of a manufacturing fault on a
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62234 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
set of servocontrols. The DGAC Regulatory Policies and Procedures (44 (3) P/N SC5083, with S/N 01, 03, 05, 082, classified the Eurocopter alert service FR 11034, February 26, 1979); and (3) 17, 21, 40, 43M, 65M, 77, 87, 103M, 106M, bulletins as mandatory and issued AD will not have a significant economic 107, 109, 128, 129, 138, 139, 144, 148, 152, No. 2003–099(A) (for Model AS 350 impact, positive or negative, on a 206, 207, 218, 221, 226, 235, 239, 240, 241, helicopters) and No. 2003–100(A) (for 243, 254, 256, 269, 286, 287, 290, 291, 302, substantial number of small entities 312, 321, 325, 327, 330, 331, 334, 338, 339, Model AS 355 helicopters), both dated under the criteria of the Regulatory 347M, 356M, 365, 371, 372, 378M, 380M, March 5, 2003, to ensure the continued Flexibility Act. A final evaluation has 389, 412M, 418, 423, 428, 439, 484M, 503, airworthiness of these helicopters. been prepared for this action and is 505, 525, 526, 528, 529, 573M, 587, 594M, These helicopter models are contained in the Rules Docket. A copy 598, 612, 622, 1150 through 1155, 1157, 1159 manufactured in France and are type of it may be obtained from the Rules through 1169, 1180 through 1199, 1207, certificated for operation in the United Docket at the FAA, Office of the 1208, 1210 through 1259, 1269, or 1291 States under the provisions of 14 CFR Regional Counsel, Southwest Region, through 1499. 21.29 and the applicable bilateral 2601 Meacham Blvd., Room 663, Fort (4) P/N SC5084, with S/N 013, 025, 31, 75, 087, 87, 101M, 102, 105, 108, 136, 160, 162, agreement. Pursuant to the applicable Worth, Texas. bilateral agreement, the DGAC has kept 165M, 203, 205, 205M, 209, 220, 225, 232M, List of Subjects in 14 CFR Part 39 239M, 267M, 271, 288M, 292, 300, 320, the FAA informed of the situation 364M, 458, 612, 627, 630, 632 through 634, described above. The FAA has Air transportation, Aircraft, Aviation 636 through 652, 654, 656 through 660, 682 examined the findings of the DGAC, safety, Safety. through 721, 727 through 731, or 733 through reviewed all available information, and Adoption of the Amendment 756. determined that AD action is necessary (5) P/N SC5071–1, with S/N 343 or 389. for products of these type designs that ■ Accordingly, pursuant to the authority (6) P/N SC5072, with S/N 003, 35, 108, are certificated for operation in the delegated to me by the Administrator, 197, 216M, 253M, 339M, 347M, 432M, 700 United States. the Federal Aviation Administration through 724, 726 through 744, 763 through Interested persons have been afforded amends part 39 of the Federal Aviation 768, 783 through 789, or 820 through 883. (c) To request a different method of an opportunity to participate in the Regulations (14 CFR part 39) as follows: making of this amendment. No compliance or a different compliance time PART 39—AIRWORTHINESS for this AD, follow the procedures in 14 CFR comments were received on the 39.19. Contact the Safety Management Group, proposal or the FAA’s determination of DIRECTIVES Rotorcraft Directorate, FAA, for information the cost to the public. The FAA has ■ 1. The authority citation for part 39 about previously approved alternative determined that air safety and the continues to read as follows: methods of compliance. public interest require the adoption of (d) Special flight permits will not be the rule as proposed. Authority: 49 U.S.C. 106(g), 40113, 44701. issued. On July 10, 2002, the FAA issued a (e) This amendment becomes effective on § 39.13 [Amended] new version of 14 CFR part 39 (67 FR December 8, 2003. ■ 47997, July 22, 2002), which governs the 2. Section 39.13 is amended by Note: The subject of this AD is addressed FAA’s AD system. The regulation now removing Amendment 39–12605 (67 FR in Direction General De L’Aviation Civile, includes material that relates to altered 2804, January 22, 2002) and by adding a France, AD Nos. 2003–099(A) and 2003– products, special flight permits, and new airworthiness directive (AD), 100(A), both dated March 5, 2003. Amendment 39–13359, to read as alternative methods of compliance. Issued in Fort Worth, Texas, on October 24, Because we have now included this follows: 2003. material in part 39, we no longer need 2003–22–11 Eurocopter France: David A. Downey, to include it in each individual AD. Amendment 39–13359. Docket No. Manager, Rotorcraft Directorate, Aircraft 2003–SW–18–AD. Supersedes AD 2001– The FAA estimates that this AD will Certification Service. affect 627 helicopters of U.S. registry 26–53, Amendment 39–12605, Docket No. 2001–SW–70–AD. [FR Doc. 03–27541 Filed 10–31–03; 8:45 am] and will take approximately 1⁄2 work BILLING CODE 4910–13–P hour to identify and 2 work hours to Applicability: Model AS350B, B1, B2, B3, replace each servocontrol per helicopter BA, C, D, D1, and AS355E, F, F1, F2, and N helicopters, certificated in any category, at an average labor rate of $65 per work except those helicopters with TRW–SAMM DEPARTMENT OF TRANSPORTATION hour. Required parts will cost main and tail servocontrols that have been approximately $9200 per helicopter. reconditioned and identified by the letter Federal Aviation Administration Based on these figures, we estimate the ‘‘V’’ engraved on the identification plate on total cost impact of the AD on U.S. the right-hand side of the part number (P/N). 14 CFR Part 97 operators to be $5,154,130, assuming Compliance: Required as indicated, unless [Docket No. 30394; Amdt. No. 3081] 551 servocontrols are replaced. accomplished previously. To prevent failure of a servocontrol in the The regulations adopted herein will Standard Instrument Approach not have a substantial direct effect on flight control system and subsequent loss of control of the helicopter, accomplish the Procedures; Miscellaneous the States, on the relationship between following: Amendments the national Government and the States, (a) Before further flight, remove each main or on the distribution of power and servocontrol, P/N SC5083, serial number (S/ AGENCY: Federal Aviation responsibilities among the various N) 1500 through 1515, and P/N SC5084, S/ Administration (FAA), DOT. levels of government. Therefore, it is N 722 through 726. ACTION: Final rule. determined that this final rule does not (b) On or before 550 hours time-in-service have federalism implications under or 24 months, whichever occurs first, remove SUMMARY: This amendment establishes, Executive Order 13132. the following main or tail servocontrols, P/ amends, suspends, or revokes Standard For the reasons discussed above, I N and S/N: Instrument Approach Procedures (1) P/N SC5081–1, with S/N 78, 89, 227, certify that this action (1) is not a 240, 315, 362, 427, 451, 452, 492, 497, 498, (SIAPs) for operations at certain ‘‘significant regulatory action’’ under 506, 512, 532, 550, 556, or 561. airports. These regulatory actions are Executive Order 12866; (2) is not a (2) P/N SC5082–1, with S/N 045, 180, 194, needed because of the adoption of new ‘‘significant rule’’ under DOT 197, 254, or 264. or revised criteria, or because of changes
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62235
occurring in the National Airspace documents which are incorporated by body of technical regulations for which System, such as the commissioning of reference in this amendment under 5 frequent and routine amendments are new navigational facilities, addition of U.S.C. 552(a), 1 CFR part 51, and § 97.20 necessary to keep them operationally new obstacles, or changes in air traffic of the Federal Aviation Regulations current. It, therefore—(1) Is not a requirements. These changes are (FAR). The applicable FAA Forms are ‘‘significant regulatory action’’ under designed to provide safe and efficient identified as FAA Forms 8260–3, 8260– Executive Order 12866; (2) is not a use of the navigable airspace and to 4, and 8260–5. Materials incorporated ‘‘significant rule’’ under DOT promote safe flight operations under by reference are available for Regulatory Policies and Procedures (44 instrument flight rules at the affected examination or purchase as stated FR 11034; February 26, 1979); and (3) airports. above. does not warrant preparation of a The large number of SIAPs, their DATES: This rule is effective November regulatory evaluation as the anticipated complex nature, and the need for a 3, 2003. The compliance date for each impact is so minimal. For the same special format make their verbatim SIAP is specified in the amendatory reason, the FAA certifies that this publication in the Federal Register amendment will not have a significant provisions. expensive and impractical. Further, The incorporation by reference of economic impact on a substantial airmen do not use the regulatory text of certain publications listed in the number of small entities under the the SIAPs, but refer to their graphic regulations is approved by the Director criteria of the Regulatory Flexibility Act. depiction on charts printed by of the Federal Register as of November publishers of aeronautical materials. List of Subjects in 14 CFR Part 97 3, 2003. Thus, the advantages of incorporation Air Traffic Control, Airports, ADDRESSES: Availability of matters by reference are realized and Incorporation by reference, and incorporated by reference in the publication of the complete description Navigation (Air). amendment is as follows: of each SIAP contained in FAA form Issued in Washington, DC, on October 24, For Examination— documents is unnecessary. The 1. FAA Rules Docket, FAA 2003. provisions of this amendment state the James J. Ballough, Headquarters Building, 800 affected CFR (and FAR) sections, with Director, Flight Standards Service. Independence Avenue, SW., the types and effective dates of the Washington, DC 20591; SIAPs. This amendment also identifies Adoption of the Amendment 2. The FAA Regional Office of the the airport, its location, the procedure region in which the affected airport is ■ Accordingly, pursuant to the authority identification and the amendment delegated to me, part 97 of the Federal located; number. 3. The Flight Inspection Area Office Aviation Regulations (14 CFR part 97) is which originated the SIAP; or, The Rule amended by establishing, amending, 4. The Office of Federal Register, 800 This amendment to part 97 is effective suspending, or revoking Standard North Capitol Street, NW., Suite 700, upon publication of each separate SIAP Instrument Approach Procedures, Washington, DC. as contained in the transmittal. Some effective at 0901 UTC on the dates For Purchase—Individual SIAP SIAP amendments may have been specified, as follows: copies may be obtained from: previously issued by the FAA in a 1. FAA Public Inquiry Center (APA– PART 97—STANDARD INSTRUMENT National Flight Data Center (NFDC) 200), FAA Headquarters Building, 800 APPROACH PROCEDURES Notice to Airmen (NOTAM) as an Independence Avenue, SW., emergency action of immediate flight ■ 1. The authority citation for part 97 Washington, DC 20591; or safety relating directly to published continues to read as follows: 2. The FAA Regional Office of the aeronautical charts. The circumstances region in which the affected airport is Authority: 49 U.S.C. 106(g), 40103, 40106, which created the need for some SIAP located. 40113, 40114, 40120, 44502, 44514, 44701, By Subscription—Copies of all SIAPs, amendments may require making them 44719, 44721–44722. effective in less than 30 days. For the mailed once every 2 weeks, are for sale ■ 2. Part 97 is amended to read as remaining SIAPs, an effective date at by the Superintendent of Documents, follows: U.S. Government Printing Office, least 30 days after publication is * * * Effective November 27, 2003 Washington, DC 20402. provided. Further, the SIAPs contained in this Hattiesburg, MS, Hattiesburg/Bobby L. Chain FOR FURTHER INFORMATION CONTACT: amendment are based on the criteria Muni, RNAV (GPS) RWY 13, Orig Donald P. Pate, Flight Procedure contained in the U.S. Standard for Gallatin, TN, Sumner County Regional, Standards Branch (AMCAFS–420), Terminal Instrument Procedures RADAR–1, Amdt 4 Flight Technologies and Programs (TERPS). In developing these SIAPs, the Memphis, TN, Memphis Intl, RNAV (GPS) Z Division, Flight Standards Service, TERPS criteria were applied to the RWY 36R, Orig Federal Aviation Administration, Mike conditions existing or anticipated at the Memphis, TN, Memphis Intl, RNAV (GPS) RWY 36R, Orig, CANCELLED Monroney Aeronautical Center, 6500 affected airports. Because of the close South MacArthur Blvd. Oklahoma City, and immediate relationship between * * * Effective December 25, 2003 OK. 73169 (Mail Address: P.O. Box these SIAPs and safety in air commerce, Greeley, CO, Greeley-Weld County, NDB 25082 Oklahoma City, OK. 73125) I find that notice and public procedure RWY 09, Amdt 1A, CANCELLED telephone: (405) 954–4164. before adopting these SIAPs are Pocatello, ID, Pocatello Regional, VOR/DME SUPPLEMENTARY INFORMATION: This impracticable and contrary to the public OR TACAN RWY 21, Amdt 10 amendment to part 97 of the Federal interest and, where applicable, that Pocatello, ID, Pocatello Regional, VOR OR TACAN RWY 3, Amdt 16 Aviation Regulations (14 CFR part 97) good cause exists for making some establishes, amends, suspends, or Pocatello, ID, Pocatello Regional, NDB RWY SIAPs effective in less than 30 days. 21, Amdt 19 revokes Standard Instrument Approach Conclusion Pocatello, ID, Pocatello Regional, ILS OR Procedures (SIAPs). The complete LOC RWY 21, Amdt 26 regulatory description of each SIAP is The FAA has determined that this Pocatello, ID, Pocatello Regional, RNAV contained in official FAA form regulation only involves an established (GPS) RWY 21, Orig
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62236 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
Pocatello, ID, Pocatello Regional, RNAV of the Federal Aviation Regulations (Vol 68, delivery/courier. Please follow the (GPS) RWY 3, Orig FR No. 204, Page 60288; dated October 22, detailed instructions described in Topeka, KS, Philip Billard Muni, RNAV 2003) under § 97.33 effective 30 October sections I. B.1. through 3. of the (GPS) RWY 18, Orig 2003, which is hereby rescinded: SUPPLEMENTARY INFORMATION section. Topeka, KS, Philip Billard Muni, RNAV De Kalb, IL, De Kalb Taylor Muni, VOR/DME (GPS) RWY 31, Orig RWY 27, Orig FOR FURTHER INFORMATION CONTACT: Topeka, KS, Philip Billard Muni, RNAV De Kalb, IL, De Kalb Taylor Muni, VOR/DME Michele Notarianni, Air Planning (GPS) RWY 4, Orig OR GPS RWY 27, Amdt 5, CANCELLED Branch, Air, Pesticides and Toxics Topeka, KS, Philip Billard Muni, RNAV The FAA published an Amendment in Management Division, U.S. (GPS) RWY 36, Orig Docket No. 30392, Amdt No. 3079 to Part 97 Environmental Protection Agency Topeka, KS, Philip Billard Muni, RNAV of the Federal Aviation Regulations (Vol 68, Region 4, 61 Forsyth Street, SW., (GPS) RWY 13, Orig FR No. 204, Page 60288; dated October 22, Atlanta, Georgia 30303–8960. Phone: Topeka, KS, Philip Billard Muni, RNAV 2003) under § 97.33 effective 30 October (GPS) RWY 22, Orig (404) 562–9031. E-mail: 2003, which is hereby rescinded: [email protected]. Topeka, KS, Philip Billard Muni, VOR RWY Greencastle, IN, Putnam County, NDB RWY 22, Amdt 21 18, Amdt 1 SUPPLEMENTARY INFORMATION: Topeka, KS, Philip Billard Muni, VOR/DME RNAV OR GPS RWY 18, Amdt 7 [FR Doc. 03–27507 Filed 10–31–03; 8:45 am] I. General Information CANCELLED BILLING CODE 4910–13–P Topeka, KS, Philip Billard Muni, GPS RWY A. How Can I Get Copies of This 31, Orig, CANCELLED Document and Other Related Topeka, KS, Philip Billard Muni, GPS RWY Information? 13, Orig, CANCELLED ENVIRONMENTAL PROTECTION AGENCY 1. The Regional Office has established Lexington, KY, Blue Grass, NDB RWY 22, an official public rulemaking file Orig Lexington, KY, Blue Grass, ILS RWY 22, 40 CFR Part 52 available for inspection at the Regional Amdt 19 Office. EPA has established an official [KY145–200339(a); FRL–7582–6] Hattiesburg, MS, Hattiesburg/Bobby L. Chain public rulemaking file for this action Muni, VOR RWY 13, Amdt 11 under KY145–200339. The official Approval and Promulgation of Altoona, PA, Altoona-Blair County, ILS OR public file consists of the documents Implementation Plans for Kentucky: LOC RWY 21, Amdt 6 specifically referenced in this action, Permit Provisions for Jefferson Price, UT, Carbon County, VOR/DME RWY any public comments received, and County, KY 36, Orig other information related to this action. Price, UT, Carbon County, VOR RWY 36, Amdt 2 AGENCY: Environmental Protection Although a part of the official docket, Price, UT, Carbon County, RNAV (GPS) RWY Agency (EPA). the public rulemaking file does not 36, Orig ACTION: Direct final rule. include Confidential Business Price, UT, Carbon County, GPS RWY 36, Information (CBI) or other information Orig-A, CANCELLED SUMMARY: EPA is approving a revision to whose disclosure is restricted by statute. Tooele, UT, Bolinder Field-Tooele Valley, the Jefferson County, Kentucky portion The official public rulemaking file is the RNAV (GPS) RWY 17, Orig of the Kentucky State Implementation collection of materials that is available Tooele, UT, Bolinder Field-Tooele Valley, for public viewing at the Regulatory GPS RWY 16, Orig, CANCELLED Plan (SIP) which amends four Richmond, VA, Richmond Intl, VOR RWY 2, regulations of the Metro Louisville Air Development Section, Air Planning Amdt 5B Pollution Control District (MLAPCD). Branch, Air, Pesticides and Toxics Richmond, VA, Richmond Intl,VOR RWY 16, The four MLAPCD regulations being Management Division, U.S. Amdt 27 revised are: Regulation 1.08, Environmental Protection Agency Richmond, VA, Richmond Intl, VOR RWY ‘‘Administrative Procedures,’’ Region 4, 61 Forsyth Street, SW., 20, Amdt 1 Regulation 2.05, ‘‘Prevention of Atlanta, Georgia 30303–8960. EPA Richmond, VA, Richmond Intl, VOR RWY Significant Deterioration of Air requests that if at all possible, you 25, Amdt 16 contact the contact listed in the FOR Richmond, VA, Richmond Intl, VOR RWY Quality,’’ Regulation 2.09, ‘‘Causes for FURTHER INFORMATION CONTACT section to 34, Amdt 23 Permit Modification, Revocation, or Richmond, VA, Richmond Intl, ILS RWY 2, Suspension,’’ and Regulation 2.17, schedule your inspection. The Regional Amdt 1 ‘‘Federally Enforceable District Origin Office’s official hours of business are Richmond, VA, Richmond Intl, ILS RWY 16, Operating Permits.’’ Monday through Friday, 9 to 3:30, Amdt 8 excluding federal holidays. DATES: This direct final rule is effective Richmond, VA, Richmond Intl, RNAV (GPS) 2. Copies of the State submittal and January 2, 2004 without further notice, RWY 34, Orig EPA’s technical support document are unless EPA receives adverse comment Richmond, VA, Richmond Intl, RNAV (GPS) also available for public inspection by December 3, 2003. If adverse RWY 16, Orig during normal business hours, by comment is received, EPA will publish Richmond, VA, Richmond Intl, RNAV (GPS) appointment at the State and Local Air RWY 20, Orig a timely withdrawal of the direct final Agency. Commonwealth of Kentucky, Richmond, VA, Richmond Intl, RNAV (GPS) rule in the Federal Register and inform Division for Air Quality, 803 Schenkel RWY 7, Orig the public that the rule will not take Lane, Frankfort, Kentucky 40601–1403. Richmond, VA, Richmond Intl, RNAV (GPS) effect. RWY 2, Orig (502/573–3382). Air Pollution Control Richmond, VA, Richmond Intl, GPS RWY 34, ADDRESSES: Comments may be District of Jefferson County, 850 Barrett Orig, CANCELLED submitted by mail to: Michele Avenue—Suite 200, Louisville, Richmond, VA, Richmond Intl, VOR/DME Notarianni, Air Planning Branch, Air, Kentucky 40204. (502/574–6000) RNAV RWY 20, Amdt 5, CANCELLED Pesticides and Toxics Management 3. Electronic Access. You may access Richmond, VA, Richmond Intl, RNAV (GPS) Division, U.S. Environmental Protection this Federal Register document RWY 25, Orig Mosinee, WI, Central Wisconsin, VOR/DME Agency Region 4, 61 Forsyth Street, SW, electronically through the RWY 35, Amdt 8 Atlanta, Georgia 30303–8960. Regulation.gov Web site located at http:/ The FAA published an Amendment in Comments may also be submitted /www.regulations.gov where you can Docket No. 30392, Amdt No. 3079 to Part 97 electronically, or through hand find, review, and submit comments on
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62237
Federal rules that have been published i. E-mail. Comments may be sent by You may claim information that you in the Federal Register, the electronic mail (e-mail) to: submit to EPA as CBI by marking any Government’s legal newspaper, and are [email protected]. Please part or all of that information as CBI (if open for comment. include the text ‘‘Public comment on you submit CBI on disk or CD ROM, For public commenters, it is proposed rulemaking KY145–200339’’ mark the outside of the disk or CD ROM important to note that EPA’s policy is in the subject line. EPA’s e-mail system as CBI and then identify electronically that public comments, whether is not an ‘‘anonymous access’’ system. If within the disk or CD ROM the specific submitted electronically or in paper, you send an e-mail comment directly information that is CBI). Information so will be made available for public without going through Regulations.gov, marked will not be disclosed except in viewing at the EPA Regional Office, as EPA’s e-mail system automatically accordance with procedures set forth in EPA receives them and without change, captures your e-mail address. E-mail 40 CFR part 2. unless the comment contains addresses that are automatically In addition to one complete version of copyrighted material, CBI, or other captured by EPA’s e-mail system are the comment that includes any information whose disclosure is included as part of the comment that is information claimed as CBI, a copy of restricted by statute. When EPA placed in the official public docket. the comment that does not contain the identifies a comment containing ii. Regulation.gov. Your use of information claimed as CBI must be copyrighted material, EPA will provide Regulation.gov is an alternative method submitted for inclusion in the official a reference to that material in the of submitting electronic comments to public regional rulemaking file. If you version of the comment that is placed in EPA. Go directly to Regulations.gov at submit the copy that does not contain the official public rulemaking file. The http://www.regulations.gov, then select CBI on disk or CD ROM, mark the entire printed comment, including the Environmental Protection Agency at the outside of the disk or CD ROM clearly copyrighted material, will be available top of the page and use the go button. that it does not contain CBI. Information at the Regional Office for public The list of current EPA actions available not marked as CBI will be included in inspection. for comment will be listed. Please the public file and available for public follow the online instructions for inspection without prior notice. If you B. How and to Whom Do I Submit submitting comments. The system is an have any questions about CBI or the Comments? ‘‘anonymous access’’ system, which procedures for claiming CBI, please You may submit comments means EPA will not know your identity, consult the person identified in the FOR e-mail address, or other contact electronically, by mail, or through hand FURTHER INFORMATION CONTACT section. information unless you provide it in the delivery/courier. To ensure proper body of your comment. D. What Should I Consider as I Prepare receipt by EPA, identify the appropriate iii. Disk or CD ROM. You may submit My Comments for EPA? rulemaking identification number by comments on a disk or CD ROM that including the text ‘‘Public comment on You may find the following you mail to the mailing address proposed rulemaking KY145–200339’’ suggestions helpful for preparing your identified in Section 2, directly below. in the subject line on the first page of comments: These electronic submissions will be your comment. Please ensure that your 1. Explain your views as clearly as accepted in WordPerfect, Word or ASCII comments are submitted within the possible. file format. Avoid the use of special specified comment period. Comments 2. Describe any assumptions that you characters and any form of encryption. received after the close of the comment used. 2. By Mail. Send your comments to: 3. Provide any technical information period will be marked ‘‘late.’’ EPA is not Michele Notarianni, Air Planning and/or data you used that support your required to consider these late Branch, Air, Pesticides and Toxics views. comments. Management Division, U.S. 4. If you estimate potential burden or 1. Electronically. If you submit an Environmental Protection Agency costs, explain how you arrived at your electronic comment as prescribed Region 4, 61 Forsyth Street, SW, estimate. below, EPA recommends that you Atlanta, Georgia 30303–8960. Please 5. Provide specific examples to include your name, mailing address, include the text ‘‘Public comment on illustrate your concerns. and an e-mail address or other contact proposed rulemaking KY145–200339’’ 6. Offer alternatives. information in the body of your in the subject line on the first page of 7. Make sure to submit your comment. Also include this contact your comment. comments by the comment period information on the outside of any disk 3. By Hand Delivery or Courier. deadline identified. or CD ROM you submit, and in any Deliver your comments to: Michele 8. To ensure proper receipt by EPA, cover letter accompanying the disk or Notarianni, Regulatory Development identify the appropriate regional file/ CD ROM. This ensures that you can be Section, Air Planning Branch, Air, rulemaking identification number in the identified as the submitter of the Pesticides and Toxics Management subject line on the first page of your comment and allows EPA to contact you Division 12th floor, U.S. Environmental response. It would also be helpful if you in case EPA cannot read your comment Protection Agency Region 4, 61 Forsyth provided the name, date, and Federal due to technical difficulties or needs Street, SW, Atlanta, Georgia 30303– Register citation related to your further information on the substance of 8960. Such deliveries are only accepted comments. your comment. EPA’s policy is that EPA during the Regional Office’s normal II. Today’s Action will not edit your comment, and any hours of operation. The Regional identifying or contact information Office’s official hours of business are EPA is approving a revision to the provided in the body of a comment will Monday through Friday, 9:00 to 3:30, Jefferson County portion of the be included as part of the comment that excluding federal holidays. Kentucky SIP, submitted by the is placed in the official public docket. Commonwealth of Kentucky on March If EPA cannot read your comment due C. How Should I Submit CBI to the 14, 2003, which amends four MLAPCD to technical difficulties and cannot Agency? regulations affecting Jefferson County, contact you for clarification, EPA may Do not submit information that you Kentucky. Regulation 1.08, not be able to consider your comment. consider to be CBI electronically to EPA. ‘‘Administrative Procedures,’’ is
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62238 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
amended to include all of the current do so at this time. If no such comments subject to Executive Order 13045 actions for which a public hearing could are received, the public is advised that ‘‘Protection of Children from be held and removes and reserves this rule will be effective on January 2, Environmental Health Risks and Safety Section 5, ‘‘Noncompliance Penalties,’’ 2004 and no further action will be taken Risks’’ (62 FR 19885, April 23, 1997), because it contains outdated language. on the proposed rule. Please note that if because it is not economically Other amendments to this regulation we receive adverse comment on an significant. include general wording, structure, and amendment, paragraph, or section of In reviewing SIP submissions, EPA’s format changes to be consistent with the this rule and if that provision may be role is to approve state choices, District’s current regulations. severed from the remainder of the rule, provided that they meet the criteria of Subsection 1.1.7 of Regulation 1.08 was we may adopt as final those provisions the Clean Air Act. In this context, in the not submitted for SIP approval because of the rule that are not the subject of an absence of a prior existing requirement it references Regulation 2.12, which is adverse comment. for the State to use voluntary consensus not part of the approved Kentucky SIP. standards (VCS), EPA has no authority Regulation 2.05, ‘‘Prevention of IV. Statutory and Executive Order to disapprove a SIP submission for Significant Deterioration of Air Reviews failure to use VCS. It would thus be Quality,’’ is updated to incorporate by Under Executive Order 12866 (58 FR inconsistent with applicable law for reference the current EPA Prevention of 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, Significant Deterioration regulation (40 not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission CFR 52.21) with specific changes therefore is not subject to review by the that otherwise satisfies the provisions of identified. Provisions of 40 CFR 52.21 Office of Management and Budget. For the Clean Air Act. Thus, the that do not apply to Jefferson County, this reason, this action is also not requirements of section 12(d) of the such as tribal issues and Class I areas, subject to Executive Order 13211, National Technology Transfer and are not incorporated by reference into ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. Regulation 2.05. Significantly Affect Energy Supply, 272 note) do not apply. This rule does Regulation 2.09, ‘‘Causes for Permit Distribution, or Use’’ (66 FR 28355, May not impose an information collection Modification, Revocation, or 22, 2001). This action merely approves burden under the provisions of the Suspension,’’ is amended to clearly state law as meeting Federal Paperwork Reduction Act of 1995 (44 identify that this regulation also deals requirements and imposes no additional U.S.C. 3501 et seq.). with issues of permit modification and requirements beyond those imposed by The Congressional Review Act, 5 revocation as well as suspension, state law. Accordingly, the U.S.C. section 801 et seq., as added by specifying the circumstances under Administrator certifies that this rule the Small Business Regulatory which they can occur and provides due will not have a significant economic Enforcement Fairness Act of 1996, process for the revocation of all permits. impact on a substantial number of small generally provides that before a rule Regulation 2.17, ‘‘Federally entities under the Regulatory Flexibility may take effect, the agency Enforceable District Origin Operating Act (5 U.S.C. 601 et seq.). Because this promulgating the rule must submit a Permits,’’ specifies that permits may be rule approves pre-existing requirements rule report, which includes a copy of revoked by the Board and not the under state law and does not impose the rule, to each House of the Congress District. Also, the permit revocation any additional enforceable duty beyond and to the Comptroller General of the process is removed from Regulation 2.17 that required by state law, it does not United States. EPA will submit a report and added to Regulation 2.09. contain any unfunded mandate or containing this rule and other required significantly or uniquely affect small information to the U.S. Senate, the U.S. III. Final Action governments, as described in the House of Representatives, and the EPA is approving the aforementioned Unfunded Mandates Reform Act of 1995 Comptroller General of the United changes to the SIP because it is (Public Law 104–4). States prior to publication of the rule in consistent with the requirements of the This rule also does not have tribal the Federal Register. A major rule Clean Air Act and EPA policy. The EPA implications because it will not have a cannot take effect until 60 days after it is publishing this rule without prior substantial direct effect on one or more is published in the Federal Register. proposal because the Agency views this Indian tribes, on the relationship This action is not a ‘‘major rule’’ as as a noncontroversial submittal and between the Federal Government and defined by 5 U.S.C. section 804(2). anticipates no adverse comments. Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean However, in the proposed rules section power and responsibilities between the Air Act, petitions for judicial review of of this Federal Register publication, Federal Government and Indian tribes, this action must be filed in the United EPA is publishing a separate document as specified by Executive Order 13175 States Court of Appeals for the that will serve as the proposal to (65 FR 67249, November 9, 2000). This appropriate circuit by January 2, 2004. approve the SIP revision should adverse action also does not have Federalism Filing a petition for reconsideration by comments be filed. This rule will be implications because it does not have the Administrator of this final rule does effective January 2, 2004 without further substantial direct effects on the States, not affect the finality of this rule for the notice unless the Agency receives on the relationship between the national purposes of judicial review nor does it adverse comments by December 3, 2003. government and the States, or on the extend the time within which a petition If the EPA receives such comments, distribution of power and for judicial review may be filed, and then EPA will publish a document responsibilities among the various shall not postpone the effectiveness of withdrawing the final rule and levels of government, as specified in such rule or action. This action may not informing the public that the rule will Executive Order 13132 (64 FR 43255, be challenged later in proceedings to not take effect. All public comments August 10, 1999). This action merely enforce its requirements. (See section received will then be addressed in a approves a state rule implementing a 307(b)(2).) subsequent final rule based on the Federal standard, and does not alter the proposed rule. The EPA will not relationship or the distribution of power List of Subjects in 40 CFR Part 52 institute a second comment period. and responsibilities established in the Environmental protection, Air Parties interested in commenting should Clean Air Act. This rule also is not pollution control, Carbon monoxide,
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62239
Intergovernmental relations, Lead, PART 52—[AMENDED] ‘‘1.08,’’ ‘‘2.05,’’ ‘‘2.09,’’ and ‘‘2.17’’ to Nitrogen dioxide, Ozone, Particulate read as follows: matter, Reporting and recordkeeping ■ 1. The authority citation for part 52 requirements, Sulfur oxides, Volatile continues to read as follows: § 52.920 Identification of plan. organic compounds. * * * * * Authority: 42 U.S.C. 7401 et seq. Dated: October 21, 2003. (c)*** A. Stanley Meiburg, Subpart S—Kentucky Acting Regional Administrator, Region 4. ■ Part 52 of chapter I, title 40, Code of ■ 2. Section 52.920, the Jefferson County Federal Regulations, is amended as Regulations table in paragraph (c) is follows: amended by revising the entries for
EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
EPA ap- District Reg Title/subject proval Federal Register notice effective date date
Reg 1 General Provisions
******* 1.08 ...... Administrative Procedures ...... 11/3/03 [Insert citation of publi- 6/19/02 cation].
*******
Reg 2 Permit Requirements
******* 2.05 ...... Prevention of Significant Deterioration of Air Quality ...... 11/3/03 [Insert citation of publi- 6/19/02 cation].
******* 2.09 ...... Causes for Permit Modification, Revocation, or Suspension ...... 11/3/03 [Insert citation of publi- 6/19/02 cation].
******* 2.17 ...... Federally Enforceable District Origin Operating Permits ...... 11/3/03 [Insert citation of publi- 6/19/02 cation].
* * * * * Elsewhere in this Federal Register, we www.regulations.gov. We prefer [FR Doc. 03–27551 Filed 10–31–03; 8:45 am] are proposing approval and soliciting electronic comments. BILLING CODE 6560–50–P written comment on this action; if You can inspect copies of EPA’s adverse written comments are received, Federal Register document and we will withdraw the direct final rule Technical Support Document (TSD) at ENVIRONMENTAL PROTECTION and address the comments received in our Region IX office during normal AGENCY a new final rule; otherwise no further business hours (see address above). Due rulemaking will occur on this approval to increased security, we suggest that 40 CFR Parts 52 and 81 action. you call at least 24 hours prior to [AZ 115–0058a; FRL–7573–9] visiting the Regional Office so that we DATES: This rule is effective January 2, can make arrangements to have 2004, without further notice, unless we Approval and Promulgation of someone meet you. The Federal receive adverse comments by December Implementation Plans and Designation Register notice and TSD are also 3, 2003. If EPA receives adverse of Areas for Air Quality Planning available as electronic files on EPA’s Purposes; Arizona comments, we will publish a timely Region 9 Web Page at http:// withdrawal of the rule in the Federal www.epa.gov/region09/air. AGENCY: Environmental Protection Register and inform the public that this Agency (EPA). rule will not take effect. You may inspect and copy the ACTION: Direct final rule. rulemaking docket for this notice at the ADDRESSES: Comments should be following location during normal SUMMARY: EPA is approving the mailed or emailed to Wienke Tax, Office business hours. maintenance plan for the Ajo area in of Air Planning (AIR–2), U.S. Environmental Protection Agency, Pima County, Arizona and granting the Environmental Protection Agency, Region 9, Air Division, Air Planning request submitted by the State to Region 9, 75 Hawthorne Street, San Office (AIR–2), 75 Hawthorne Street, redesignate this area from Francisco, CA 94105–3901, San Francisco, CA 94105–3901. nonattainment to attainment for the [email protected]. Comments may National Ambient Air Quality Standards also be submitted through the Federal Copies of the State Implementation (NAAQS) for sulfur dioxide (SO2). Register Web site at http:// Plan (SIP) materials are also available
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62240 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
for inspection at the address listed pollutants for which we have formal SIP revision process specified in below: established a health-based standard. the Act. SO causes adverse health effects by Arizona Department of Environmental 2 C. What Is the Background for This reducing lung function, increasing Quality, 1110 W. Washington Street, Action? First Floor, Phoenix, AZ 85007, respiratory illness, altering the lung’s Phone: (602)771–4335. defenses, and aggravating existing 1. When Was the Nonattainment Area FOR FURTHER INFORMATION CONTACT: cardiovascular disease. Children, the Established? Wienke Tax, U.S. EPA Region 9, (520) elderly, and people with asthma are the Phelps Dodge Mining Company’s Ajo 622–1622, [email protected], or http:/ most vulnerable. SO2 has a variety of Incorporated (PDAI) operation was the /www.epa.gov/region09/air. additional impacts, including acidic deposition, damage to crops and largest point source in the Ajo SUPPLEMENTARY INFORMATION: Elsewhere vegetation, and corrosion of natural and nonattainment area. The PDAI copper in this Federal Register, we are man-made materials. smelter was situated at the eastern end proposing approval and soliciting There are both short- and long-term of the Little Ajo Mountains. written comment on this action. primary NAAQS for SO2. The short-term On March 3, 1978, at 43 FR 8968, for Throughout this document, the words (24-hour) standard of 0.14 parts per ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ mean U.S. EPA. lack of a state recommendation, we million (ppm) is not to be exceeded designated Pima County as a primary Table of Contents more than once per year. The long-term SO2 nonattainment area based on I. Summary of Action standard specifies an annual arithmetic monitored violations of the primary SO2 II. Introduction mean not to exceed 0.030 ppm.2 The NAAQS in the area between 1975 and A. What National Ambient Air Quality primary standards were established in 1977. At the request of the Arizona Standards Are Considered in Today’s 1972. (See 40 CFR 50.4). Department of Environmental Quality Rulemaking? B. What Is a State Implementation Plan? B. What Is a State Implementation Plan? (ADEQ), the nonattainment area was C. What Is the Background for This Action? subsequently reduced to five townships The CAA requires states to attain and in and around Ajo on April 10, 1979 (44 D. What Are the Applicable Clean Air Act maintain ambient air quality equal to or (CAA) Provisions for SO2 Nonattainment FR 21261). As a result, townships T11S, Area Plans? better than the NAAQS. The state’s R6W; T11S, R5W; T12S, R6W; T12s, E. What Are the Applicable Provisions for commitments for attaining and R5W; and T13S, R6W make up the SO2 Maintenance Plans and maintaining the NAAQS are outlined in nonattainment area. Townships T11S, Redesignation Requests? the State Implementation Plan (or SIP) R7W; T12S, R7W; T13S, R7W; and III. Review of the Arizona State Submittals for that state. The SIP is a planning Addressing These Provisions T13S, R5W are classified as ‘‘cannot be document that, when implemented, is classified’’ areas. A. Is the Maintenance Plan Approvable? designed to ensure the achievement of B. Has the State Met the Remaining the NAAQS. Each state currently has a On the date of enactment of the 1990 Maintenance Plan Provisions? SIP in place, and the Act requires that CAA Amendments, SO2 areas meeting C. Has the State Met the Redesignation SIP revisions be made periodically as the conditions of section 107(d) of the Provisions of CAA Section 107(d)(3)(E)? Act, including the pre-existing SO IV. Final Action necessary to provide continued 2 V. Statutory and Executive Order Reviews compliance with the standards. nonattainment areas, were designated SIPs include, among other things, the nonattainment for the SO2 NAAQS by I. Summary of Action following: (1) An inventory of emission operation of law. Thus, the Ajo area We are approving the maintenance sources; (2) statutes and regulations remained nonattainment for the primary plan for the Ajo SO2 nonattainment adopted by the state legislature and SO2 NAAQS following enactment of the area.1 We are also approving the State of executive agencies; (3) air quality 1990 CAA Amendments on November Arizona’s request to redesignate the Ajo analyses that include demonstrations 15, 1990. area from nonattainment to attainment that adequate controls are in place to 2. How Has the SIP Addressed CAA for the primary SO2 NAAQS. meet the NAAQS; and (4) contingency Provisions? measures to be undertaken if an area II. Introduction fails to attain the standard or make Arizona submitted a state A. What National Ambient Air Quality reasonable progress toward attainment implementation plan (SIP) for all major Standards Are Considered in Today’s by the required date. sources in the State in January 1972. Rulemaking? The state must make the SIP available EPA disapproved the portion of the for public review and comment through 1972 Arizona SIP related to smelters (37 Sulfur dioxide (SO2) is the pollutant that is the subject of this action. The a public hearing, it must be adopted by FR 10849 and 37 FR 15081) on May 31 NAAQS are health-based and welfare- the state, and submitted to us by the and July 27, 1972. On November 30, based standards for certain ambient air Governor or her/his designee. We take 1981 EPA proposed conditional federal action on the SIP submittal, thus approval of Arizona’s Multipoint pollutants. SO2 is among the ambient air rendering the rules and regulations Rollback (MPR) SIP revision (46 FR federally enforceable. The approved SIP 1 For the definition of the Ajo nonattainment area, 58098). On June 3, 1982, Arizona see 40 CFR 81.303. EPA designated the entire area serves as the state’s commitment to take submitted SIP revisions to correct the of Pima County as nonattainment for SO2 on March actions that will reduce or eliminate air conditional approval. EPA formally 3, 1978 for lack of a State recommendation. EPA quality problems. Any subsequent approved Arizona’s revised MPR Rule approved the State’s request that the SO2-affected revisions to the SIP must go through the portion of Pima County be limited to the townships as a final rulemaking on January 14, surrounding Ajo on April 10, 1979 (44 FR 21261). 1983 (48 FR 1717). To complete the 2 Townships T11S,R6W; T11S, R5W; T12S, R6W; The secondary SO2 NAAQS (3-hour) of 0.50 Arizona SO2 SIPs, EPA required that T12S, R5W; and T13S, R6W comprise the ppm is not to be exceeded more than once per year. Arizona submit the necessary fugitive nonattainment area. Townships T11S, R7W; T12S, Secondary NAAQS are promulgated to protect R7W; T13S, R5W; and T13S, R7W are designated welfare. The Ajo area is not classified emissions control strategies and as ‘‘cannot be classified.’’ Ajo is a town in Pima nonattainment for the secondary standard, and this regulations for existing smelters by County in the southwestern portion of Arizona. action relates only to the primary NAAQS. August 1, 1984.
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62241
3. What Is the Current Status of the enactment of the 1990 CAA 2. What General EPA Guidance Applies Area? Amendments and areas lacking fully to Maintenance Plans? approved SIPs immediately before On April 4, 1985, the PDAI smelter Our primary general guidance on was permanently deactivated. enactment of the 1990 Clean Air Act Amendments. Ajo falls into neither of maintenance plans and redesignation Dismantling of the Ajo facility began in requests is a September 4, 1992 memo 1995. By February of 1996, the facility these categories and is therefore subject to the requirements of subpart 1 of Part from John Calcagni, entitled was completely dismantled. On October D of title I of the CAA (Sections 171– ‘‘Procedures for Processing Requests to 15, 1997, ADEQ confirmed that the 179B). Section 172 of this subpart Redesignate Areas to Attainment’’ facility was dismantled and no longer contains provisions for nonattainment (‘‘Calcagni Memo’’). Specific guidance existed at the former site. The area plans in general; these provisions were on SO2 redesignations also appears in a remains sparsely settled, and there are not significantly changed by the 1990 January 26, 1995 memo from Sally L. only minor industrial or commercial CAA Amendments. Among other Shaver, entitled ‘‘Attainment activities in or near the nonattainment requirements, CAA Section 172 Determination Policy for Sulfur Dioxide area that produce small quantities of provides that SIPs must assure that Nonattainment Areas’’ (‘‘Shaver SO emissions. The only point source 2 reasonably available control measures Memo’’). consists of several generators run by (RACM) (including such reductions in Guidance on SO2 maintenance plan Phelps Dodge which have a potential to emissions from existing sources in the requirements for an area lacking emit (PTE) of 49.2 tons per year (tpy) of area as may be obtained through the monitored ambient data, if the area’s SO2. The ADEQ submission also adoption, at a minimum, of reasonably historic violations were caused by a included emissions from a proposed available control technology (RACT)) major point source that is no longer in Gila Bend regional landfill, which was shall be implemented as expeditiously operation, is found in an October 18, expected to have a PTE of 24.1 tpy of as practicable and shall provide for 2000 memo from John S. Seitz, entitled S02 when built. Because of their attainment. ‘‘Redesignation of Sulfur Dioxide potential emissions, ADEQ classified Nonattainment Areas in the Absence of these two sources as point sources. The E. What Are the Applicable Provisions Monitored Data’’ (‘‘Seitz Memo’’). The Phelps Dodge generators are used only for SO2 Maintenance Plans and Seitz Memo exempts eligible areas from as a backup energy source, have emitted Redesignation Requests? the maintenance plan requirements of less than 1 tpy of SO2 for the past five 1. What Are the Statutory Provisions? continued monitoring. years of operation, and are not expected to emit more than 1.2 tpy of SO in a. CAA Section 107(d)(3)(E). 3. What Are the Requirements for 2 The 1990 CAA Amendments revised 2015. The landfill has not been built, Redesignation of Single-Source SO2 section 107(d)(3)(E) to provide five and we were informed by the State on Nonattainment Areas in the Absence of specific requirements that an area must August 8, 2003 that the permit for the Monitored Data? meet in order to be redesignated from landfill was terminated by the permittee nonattainment to attainment: Our historic redesignation policy for on August 28, 2002. (1) the area must have attained the SO2 has called for eight quarters of clean Currently, there are no operating applicable NAAQS; ambient air quality data as a necessary ambient SO2 monitors in the Ajo area. (2) the area has met all relevant prerequisite to redesignation of any area However, we do not expect the requirements under section 110 and Part to attainment. The Seitz memo provides cumulative impact of the sources in and D of the Act; guidance on SO2 maintenance plan around Ajo to cause a violation of the (3) the area has a fully approved SIP requirements for an area lacking NAAQS because their emissions are so under section 110(k) of the Act; monitored ambient data, if the area’s low. No significant new sources have (4) the air quality improvement must historic violations were caused by a located in the area, another reason why be permanent and enforceable; and, major point source that is no longer in our action today is appropriate. (5) the area must have a fully operation. In order to allow for these approved maintenance plan pursuant to D. What Are the Applicable Clean Air areas to qualify for redesignation to section 175A of the Act. Act (CAA) Provisions for SO attainment, this policy requires that the 2 b. CAA Section 175A. Nonattainment Area Plans? maintenance plan address otherwise CAA section 175A provides the applicable provisions, and include: The air quality planning requirements general framework for maintenance (1) Emissions inventories representing for SO nonattainment areas are set out plans. The maintenance plan must 2 actual emissions when violations in subparts 1 and 5 of Part D of title I provide for maintenance of the NAAQS occurred; current emissions; and of the Act. We have issued guidance in for at least 10 years after redesignation, emissions projected to the 10th year a General Preamble describing our including any additional control after redesignation; views on how we will review SIPs and measures as may be necessary to ensure SIP revisions submitted under title I of such maintenance. In addition, (2) Dispersion modeling showing that no NAAQS violations will occur over the Act, including those containing SO2 maintenance plans are to contain such nonattainment area and maintenance contingency provisions as we deem the next 10 years and that the shut area SIP provisions. 57 FR 13498 (April necessary to assure the prompt down source was the dominant cause of 16, 1992); 57 FR 18070 (April 28, 1992). correction of a violation of the NAAQS the high concentrations in the past; The General Preamble discusses our that occurs after redesignation. The (3) Evidence that if the shut down interpretation of the title I requirements, contingency measures must include, at source resumes operation it would be and lists SO2 policy and guidance a minimum, a requirement that the state considered a new source and be documents. will implement all control measures required to obtain a permit under the contained in the nonattainment SIP Prevention of Significant Deterioration 1. What Statutory Provisions Apply? prior to redesignation. Beyond these provisions of the CAA; and CAA Sections 191 and 192 address provisions, however, CAA section 175A (4) A commitment to resume requirements for SO2 nonattainment does not define the content of a monitoring before any major SOx source areas designated subsequent to maintenance plan. commences operation.
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62242 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
III. Review of the Arizona State operations were 39,596 tpy. The ADEQ 4. PDEQ administers the NSR program Submittals Addressing These submittal identifies only a single under Pima County Code, Title 17, Provisions existing point source within the Ajo Chapter 17.12 and Chapter 17.16, Area, the Phelps Dodge Generator Article VIII. All new major sources and A. Is the Maintenance Plan Approvable? Station, with 2000 SO2 emissions of modifications to existing major sources 1. Did the State Meet the CAA about 1 tpy, and 2015 projected are subject to the NSR requirements of Procedural Provisions? emissions of 1.2 tpy. Phelps Dodge has these rules. We have not yet fully On June 18, 2002, ADEQ submitted to only operated the generators as approved the ADEQ and PDEQ NSR emergency/back up electric supply in EPA the ‘‘Ajo Sulfur Dioxide rules. recent years. The ADEQ submittal also Nonattainment Area, State Section 172(c)(5) requires NSR identified the proposed Gila Bend Implementation and Maintenance Plan’’ permits for the construction and Landfill, and projected its emissions at and a request to redesignate the area to operation of new and modified major 29.7 tpy in 2015.3 We conclude that the attainment. The State verified that it had stationary sources anywhere in inventories are complete, accurate, and adhered to its SIP adoption procedures. nonattainment areas. We have consistent with applicable CAA On October 30, 2002, we found that the determined that areas being provisions and the Seitz Memo. redesignated from nonattainment to submittal met the completeness criteria (2) Modeling. Past EPA policy in 40 CFR Part 51, Appendix V, which attainment do not need to comply with memoranda on SO2 redesignations all the requirement that an NSR program be must be satisfied before EPA formal ask for dispersion modeling. The Seitz review. approved prior to redesignation Memo asks for dispersion modeling of provided that the area demonstrates 2. Does the Area Qualify for Review all point sources within 50 km of the maintenance of the standard without Under the Seitz Memo? nonattainment area boundary. Screening Part D nonattainment NSR in effect. The dispersion modeling was performed rationale for this decision is described a. Were the Area’s Violations Caused with SCREEN3 using conservative by a Major Point Source of SOx in a memorandum from Mary Nichols assumptions about source parameters dated October 14, 1994 (‘‘Part D New Emissions that Is No Longer in and the meteorology. The modeling Operation? Source Review (Part D NSR) indicated that the existing and then- Requirements for Areas Requesting As discussed above, the only major proposed (Gila Landfill) sources would source of SOx emissions within the Ajo Redesignation to Attainment’’). We have likely have an impact of about 66 determined that the maintenance nonattainment area was the Phelps percent of any of the SO standards. 2 demonstration for Ajo does not rely on Dodge Mining Company’s Ajo The Seitz Memo requires a modeling nonattainment NSR. Prevention of Incorporated (PDAI) copper smelter, analysis that shows point sources were which ceased operation in 1985. The the dominant sources contributing to Significant Deterioration (PSD) is the last recorded 24-hour or annual average replacement for NSR in attainment high SO2 concentrations in the airshed. exceedances of the primary NAAQS at While MPR has been accepted by EPA areas, and part of the obligation under PDAI occurred in 1984. During the for modeling of smelters, as a rollback PSD is for a new source to review monitoring network’s history, annual method it assumes that the monitored increment consumption and maintenance of the air quality average SO2 levels were generally one SO2 violations are completely due to the half of the current NAAQS standard smelter being modeled. Thus, it cannot standards. PSD also requires (0.030 ppm). ADEQ removed the SO2 be relied upon for this analysis. Instead, preconstruction monitoring. Therefore, monitor in 1985, the smelter operating screening modeling can be used to show the State need not have a fully approved permits expired, the smelting that non-smelter sources have only an nonattainment NSR program prior to equipment was removed over a period insignificant contribution. Since their approval of the redesignation request. of years, and the smelter was completely emissions have changed relatively little ADEQ and PDEQ have PSD permitting dismantled by February 1996. No new since the time that emission controls programs (A.A.C. R18–2–406 and Pima sources of SO2 of the magnitude of PDAI were placed on the smelter, this same County Code (PCC) 17.16.590) that were have located in the area. Thus, Ajo screening modeling shows that the non- established to preserve the air quality in meets this criterion for review under the smelter sources were insignificant in the areas where ambient standards have Seitz Memo. past, and hence the smelter was the been met. The State’s PSD program for b. Has the State Met the Requirements dominant source contributing to past all criteria pollutants except PM–10 was of the Seitz Memo? high SO2 concentrations. EPA therefore approved into the SIP effective May 3, As discussed below, the State has finds that the ambient SO2 modeling 1983 (48 FR 19879). The federal PSD addressed the requirements in the Seitz requirement for redesignations and program for PM–10 was delegated to the Memo for emissions inventories, maintenance plans is met. State on March 12, 1999. Pima’s PSD modeling, permitting of major new (3) Permitting of New Sources. For the program (for all criteria pollutants) was sources, and agreement to commence Ajo SO2 nonattainment area, the delegated effective April 14, 1994. The monitoring if a new major source locates nonattainment area new source review PSD program requires stationary sources in the area. Therefore, the State has met (NSR)permit program responsibilities to undergo preconstruction review the special criteria in the Seitz Memo are shared by ADEQ and Pima before facilities are constructed, for approval of maintenance plans and Department of Environmental Quality modified, or reconstructed and to apply redesignation requests. (PDEQ). ADEQ administers the Best Available Control Technology (1) Emissions Inventory. The State preconstruction review and permitting (BACT). These programs will apply to provided the three emissions provisions of Arizona Administrative any major source wishing to locate in inventories specified in the Seitz Memo Code, Title 18, Chapter 2, Articles 3 and the Ajo area once the area is for the sources in, and within 50 redesignated to attainment. The ADEQ kilometers of, the Ajo nonattainment 3 Since its original submission, ADEQ has and PDEQ commitments to treat any area. For a representative year when the informed EPA that the Gila Bend Regional Landfill major source in or near Ajo as ‘‘new’’ permit was terminated by the permittee on August copper smelter was in operation (1981), 28, 2002, and this proposed source was never under the PSD program satisfies the direct SOx emissions from smelting constructed. preconstruction permit provision of the
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62243
Seitz memo as one of the prerequisites ascertain what measures would be NAAQS violations (the Phelps Dodge to redesignation. needed to avoid the violation. copper smelter in Ajo) no longer exists. (4) Monitoring. ADEQ has confirmed As a result, there is no reason to expect C. Has the State Met the Redesignation that the State commits to resume that SO ambient concentrations will Provisions of CAA Section 107(d)(3)(E)? 2 monitoring before any major source of exceed background levels. SO2 commences to operate. This 1. Has the Area Attained the 24-Hour 5. Does the Area Have a Fully Approved addresses the monitoring provision of and Annual SO2 NAAQS? the Seitz Memo. Maintenance Plan Pursuant to Section As discussed above, the normal 175A of the Act? prerequisite for redesignation is B. Has the State Met the Remaining Yes. As discussed above, we are submittal of quality-assured ambient Maintenance Plan Provisions? approving the Ajo Maintenance Plan in data with no violations of the SO As discussed above, CAA Section 2 this action. 175A sets forth the statutory NAAQS for the last eight consecutive requirements for maintenance plans, quarters. However, the Seitz Memo IV. Final Action and the Calcagni and Shaver Memos recognizes that states should be We are approving the Maintenance cited above contain specific EPA provided an opportunity to request Plan for the Ajo area under CAA guidance. The only maintenance plan redesignation where there is no longer Sections 110 and 175A. We are also element not covered by the Seitz Memo monitoring but where there is no approving the State’s request to is the contingency provision. CAA reasonable basis for assuming that SO2 redesignate the Ajo area to attainment of violations persist after closure of the Section 175A provides that maintenance the primary SO2 NAAQS. plans ‘‘contain such contingency sources that were the primary or sole We are publishing this action without provisions as the Administrator deems cause of these violations. Ajo is such an prior proposal because we view this as necessary to assure that the State will area, and the State has submitted a noncontroversial amendment and promptly correct any violation of the convincing evidence that no major anticipate no adverse comments. standard which occurs after the stationary sources of SOx emissions However, in the proposed rules section redesignation of the area as an remain in operation in or within 50 of this Federal Register publication, we attainment area.’’ kilometers of the area that might cause are publishing a separate document that The Ajo Maintenance Plan includes a violation of the SO2 NAAQS. We do will serve as the proposal to approve the the State’s commitment to continue to not believe that, even in the aggregate, State plan and redesignate the area if implement and enforce measures the remaining minor sources which are relevant adverse comments are filed. present would cause a violation of the necessary to maintain the SO2 NAAQS. This rule will be effective January 2, ADEQ’s current operating permit SO2 NAAQS. 2004 without further notice unless program places limits on SO2 emissions 2. Has the Area Met All Relevant relevant adverse comments are received from existing sources. Should an Requirements Under Section 110 and by December 3, 2003. If we receive such existing facility want to upgrade or Part D of the Act? comments, this action will be increase SO2 emissions, the facility CAA Section 110(a)(2) contains the withdrawn before the effective date. All would be subject to the PSD program. general requirements for SIPs public comments received will then be Should a new facility be constructed in (enforceable emission limits, ambient addressed in a subsequent final rule the Ajo area, the facility would also be monitoring, permitting of new sources, based on the proposed action. We will subject to PSD as required in the adequate funding, etc.) and Part D not institute a second comment period. Calcagni Memo. contains the general provisions Any parties interested in commenting If these measures prove insufficient to applicable to SIPs for nonattainment on this action should do so at this time. protect against exceedances of the areas (emissions inventories, reasonably If no such comments are received, the NAAQS, the State has also committed to available control measures, public is advised that this action will be adopt, submit as a SIP revision, and demonstrations of attainment, etc.). effective January 2, 2004. implement expeditiously any and all Over the years, we have approved measures needed to ensure maintenance V. Statutory and Executive Order Arizona’s SIP as meeting the basic Reviews of the NAAQS. requirements of CAA Section 110(a)(2), The Calcagni Memo emphasizes the Under Executive Order 12866 (58 FR and the CAA Part D requirements for importance of specific contingency 51735, October 4, 1993), this action is Ajo addressed primarily by the measures, schedules for adoption, and not a ‘‘significant regulatory action’’ and regulations applicable to the Phelps action levels to trigger implementation Dodge facility during the period of its therefore is not subject to review by the of the contingency plan. Since there are operation. The State has thus met the Office of Management and Budget. For no remaining sources of SO2 emissions basic SIP requirements of the CAA. this reason, this action is also not of the magnitude of the Phelps Dodge subject to Executive Order 13211, smelter and there is no SO2 monitoring 3. Does the Area Have a Fully Approved ‘‘Actions Concerning Regulations That in the Ajo area, we agree with the State SIP Under Section 110(k) of the Act? Significantly Affect Energy Supply, that this level of specificity is not We examined the applicable SIP, and Distribution, or Use’’ (66 FR 28355, May appropriate, and we conclude that the also looked at the disapprovals listed in 22, 2001). This action merely approves State’s commitment satisfactorily 40 CFR 52.125 and no disapprovals state law as meeting Federal addresses the CAA provisions. We remain relevant to the applicable SIP. requirements and imposes no additional believe that the State and County’s PSD Arizona has a fully-approved SIP with requirements beyond those imposed by permitting program is sufficient to track respect to the Ajo area. state law. Accordingly, the future air quality trends and to assure Administrator certifies that this rule that the Ajo area will not violate the 4. Has the State Shown That the Air will not have a significant economic NAAQS. If either the State or the Quality Improvement in the Area is impact on a substantial number of small County identifies the potential for a Permanent and Enforceable? entities under the Regulatory Flexibility NAAQS violation through the Yes. The Maintenance Plan shows Act (5 U.S.C. 601 et seq.). Because this permitting process, they would that the exclusive cause of past SO2 rule approves pre-existing requirements
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62244 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
under state law and does not impose the Clean Air Act. Thus, the Reporting and recordkeeping any additional enforceable duty beyond requirements of section 12(d) of the requirements, Sulfur dioxide. that required by state law, it does not National Technology Transfer and 40 CFR Part 81 contain any unfunded mandate or Advancement Act of 1995 (15 U.S.C. significantly or uniquely affect small 272 note) do not apply. This rule does Environmental protection, Air governments, as described in the not impose an information collection pollution control, National parks, Unfunded Mandates Reform Act of 1995 burden under the provisions of the Wilderness areas. (Public Law 104–4). Paperwork Reduction Act of 1995 (44 Dated: September 25, 2003. This rule also does not have tribal U.S.C. 3501 et seq.). Deborah Jordan, The Congressional Review Act, 5 implications because it will not have a Acting Regional Administrator, Region 9. substantial direct effect on one or more U.S.C. section 801 et seq., as added by ■ Indian tribes, on the relationship the Small Business Regulatory Parts 52 and 81, chapter I, title 40 of between the Federal Government and Enforcement Fairness Act of 1996, the Code of Federal Regulations are Indian tribes, or on the distribution of generally provides that before a rule amended as follows: may take effect, the agency power and responsibilities between the PART 52—[AMENDED] Federal Government and Indian tribes, promulgating the rule must submit a as specified by Executive Order 13175 rule report, which includes a copy of ■ 1. The authority citation for part 52 (65 FR 67249, November 9, 2000). This the rule, to each House of the Congress continues to read as follows: and to the Comptroller General of the action also does not have Federalism Authority: 42 U.S.C. 7401 et seq. implications because it does not have United States. EPA will submit a report substantial direct effects on the States, containing this rule and other required Subpart D—Arizona on the relationship between the national information to the U.S. Senate, the U.S. government and the States, or on the House of Representatives, and the ■ 2. Section 52.120 is amended by distribution of power and Comptroller General of the United adding paragraph (c)(111) to read as responsibilities among the various States prior to publication of the rule in follows: levels of government, as specified in the Federal Register. A major rule § 52.120 Identification of plan. Executive Order 13132 (64 FR 43255, cannot take effect until 60 days after it August 10, 1999). This action merely is published in the Federal Register. * * * * * approves a state rule implementing a This action is not a ‘‘major rule’’ as (a) * * * Federal standard, and does not alter the defined by 5 U.S.C. section 804(2). (111) The following plan was relationship or the distribution of power Under section 307(b)(1) of the Clean submitted on June 18, 2002, by the and responsibilities established in the Air Act, petitions for judicial review of Governor’s designee. Clean Air Act. This rule also is not this action must be filed in the United (i) Incorporation by reference. subject to Executive Order 13045 States Court of Appeals for the (A) Arizona Department of ‘‘Protection of Children from appropriate circuit by January 2, 2004. Environmental Quality. Environmental Health Risks and Safety Filing a petition for reconsideration by (1) Ajo Sulfur Dioxide State Risks’’ (62 FR 19885, April 23, 1997), the Administrator of this final rule does Implementation and Maintenance Plan, because it is not economically not affect the finality of this rule for the adopted by Arizona Department of significant. purposes of judicial review nor does it Environmental Quality on June 18, In reviewing SIP submissions, EPA’s extend the time within which a petition 2002. role is to approve state choices, for judicial review may be filed, and PART 81—[AMENDED] provided that they meet the criteria of shall not postpone the effectiveness of such rule or action. This action may not the Clean Air Act. In this context, in the ■ be challenged later in proceedings to 1. The authority citation for part 81 absence of a prior existing requirement continues to read as follows: for the state to use voluntary consensus enforce its requirements. (See section standards (VCS), EPA has no authority 307(b)(2).) Authority: 42 U.S.C. 7401 et seq.
to disapprove a SIP submission for List of Subjects ■ 2. In § 81.303 the SO2 table is amended failure to use VCS. It would thus be by revising the entry for the Ajo area to 40 CFR Part 52 inconsistent with applicable law for read as follows: EPA, when it reviews a SIP submission, Environmental protection, Air to use VCS in place of a SIP submission pollution control, Incorporation by § 81.303 Arizona. that otherwise satisfies the provisions of reference, Intergovernmental relations, * * * * *
ARIZONA—SO2
Does not meet Does not meet Better than Designated area primary secondary Cannot be national standards standards classified standards
Ajo (T11–13S, R5W–R6W) ...... x
*******
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62245
* * * * * individuals otherwise meet all of the including clinical and diagnostic [FR Doc. 03–27263 Filed 10–31–03; 8:45 am] requirements of Part 73. This action is laboratories; and research facilities. BILLING CODE 6560–50–P necessary to ensure that both ongoing The Act also gives the United States and new research and educational Department of Agriculture (referred to efforts important to the national defense below as USDA) the authority and DEPARTMENT OF HEALTH AND are not disrupted. responsibility for regulating activities HUMAN SERVICES DATES: This interim final rule is regarding select agents and toxins to effective as of November 3, 2003. protect animal and plant health and 42 CFR Part 73 Written comments must be submitted animal and plant products. The Act on or before January 2, 2004. gives the Secretary of HHS the authority Possession, Use, and Transfer of ADDRESSES: Select Agent Program, and responsibility for regulating Select Agents and Toxins Centers for Disease Control and activities regarding select agents and Prevention, 1600 Clifton Rd., E–79, toxins to protect the public health and AGENCY: Centers for Disease Control and safety. Some of the select agents and Prevention, HHS. Atlanta, GA 30333. Comments may be e- mailed to: [email protected]. toxins regulated under the HHS ACTION: Interim final rule and request December 2002 interim final rule are FOR FURTHER INFORMATION CONTACT: for comments. also regulated by USDA under 9 CFR Mark Hemphill, Chief of Policy, Select part 121. The select agents and toxins SUMMARY: We are amending an interim Agent Program, Centers For Disease subject to regulation by both agencies final rule published on December 13, Control and Prevention, 1600 Clifton are identified as ‘‘overlap’’ select agents 2002, that established requirements Rd., MS E–79, Atlanta Ga. 30333. (404) and toxins and those regulated solely by regarding possession and use in the 498–2255. HHS are identified as HHS select agents United States, receipt from outside the SUPPLEMENTARY INFORMATION: The and toxins. The Act provides for United States, and transfer within the December 2002 interim final rule interagency coordination between the United States, of select agents and implements provisions of the Public two departments regarding overlap toxins. The requirements were Health Security and Bioterrorism select agents and toxins. established to implement provisions of Preparedness and Response Act of 2002, The December 2002 interim final rule the Public Health Security and Public Law 107–188 (referred to below established a phase-in period for certain Bioterrorism Preparedness and as the Act). The Act bolstered the requirements to allow entities to comply Response Act of 2002. The December authority of the Secretary of the United without causing disruption or 2002 interim final rule established a States Department of Health and Human termination of research or educational phase-in period for certain requirements Services (referred to below as HHS) to projects. The phase-in for entities that to allow entities to comply without protect the American public against the on February 7, 2003, were already causing disruption or termination of misuse of select agents and toxins conducting activities under a certificate research or educational projects. The whether inadvertent or the result of of registration issued under 42 CFR phase-in for entities that on February 7, terrorist acts against the United States 72.6, or already were lawfully 2003, were already conducting activities homeland (such as the recent terrorist possessing select agents and toxins, under a certificate of registration issued acts involving anthrax) or other criminal required that entities applying for under 42 CFR 72.6, or already were acts. The Act gave to the Secretary broad registration with the select agent lawfully possessing select agents and discretion in establishing and enforcing program, and individuals requiring toxins, required entities applying for the new regulations to ensure that select access to select agents and toxins, to registration with the select agent agents and toxins would remain undergo a security risk assessment by program, and individuals requiring available for research, education, and the Attorney General before November access to select agents and toxins, to other legitimate purposes. 12, 2003. The regulations also provided undergo a security risk assessment by In a document published in the that an entity that on February 7, 2003, the Attorney General before November Federal Register on December 13, 2002 was not already conducting activities 12, 2003. The regulations also provided (67 FR 76886), we promulgated an under a certificate of registration issued that an entity that on February 7, 2003, interim final rule to establish under 42 CFR 72.6, or was not already was not already conducting activities requirements regarding possession and lawfully possessing select agents and under a certificate of registration issued use in the United States, receipt from toxins, would be eligible for registration under 42 CFR 72.6, or was not already outside the United States, and transfer to possess, use, or transfer select agents lawfully possessing select agents and within the United States, of certain and toxins as soon as the entity met all toxins, would be eligible for registration biological agents and toxins (referred to of the applicable requirements of Part to possess, use, or transfer select agents below as select agents and toxins). This 73, including the requirement for the and toxins as soon as the entity met all includes requirements concerning Attorney General to conduct a security of the applicable requirements of Part registration, security risk assessments, risk assessment. 73, including the requirement for the safety plans, security plans, emergency The Attorney General has assigned Attorney General to conduct a security response plans, training, transfers, the responsibility to conduct the risk assessment. We are now amending record keeping, inspections, and security risk assessments required by the applicability requirements to allow notifications. The December 2002 the Act to the Federal Bureau of for the issuance of provisional interim final rule is set forth at 42 CFR Investigation (FBI). The Criminal Justice registration certificates for all entities, part 73. Information Services (CJIS) Division is and provisional grants of access for all In general, the entities regulated the component of the FBI responsible individuals, from whom, prior to under the December 2002 interim final for implementing this program. The CJIS November 12, 2003, the Attorney rule are academic institutions and Division continues to receive complete General has received all of the biomedical centers; commercial application packages, which consist of information required by the Attorney manufacturing (the pharmaceutical completed FBI Information Forms (FD– General to conduct a security risk industry) or distribution facilities; 961) and usable fingerprint cards, and assessment if those entities and federal, state, and local laboratories, has finalized over 5,000 security risk
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62246 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
assessments.1 The CJIS Division had information required by the Attorney a collection of information under the diverted personnel from other key General to conduct a security risk Paperwork Reduction Act (44 U.S.C. programs in order to finalize as many assessment if those entities and Chapter 35). security risk assessments as possible individuals otherwise meet all of the Executive Order 12866 without compromising its other requirements of Part 73 and the missions. It is important to note that the Secretary, HHS, determines such action This interim final rule has been time needed to process a security risk is in the interest of the public health determined to be not significant for the assessment varies in relation to the and national security. An entity’s purposes of Executive Order 12866 and, complexity of each application. Some provisional registration will stay in therefore, has not been reviewed by the individuals may be processed in as little effect until the Secretary either grants Office of Management and Budget. as two weeks once processing begins, the entity a certificate of registration or Regulatory Flexibility Act while other individuals can take several revokes the entity’s provisional months. At its current processing rate, registration. An individual’s provisional This emergency situation makes the CJIS Division expects to be able to grant of access will remain in effect timely compliance with section 604 of finalize by the November 12, 2003, until the Secretary either grants access the Regulatory Flexibility Act (5 U.S.C. deadline the security risk assessments of or revokes the individual’s provisional 601 et seq. ) impracticable. We are almost all of the completed applications grant of access. This action is necessary currently assessing the potential that were pending as of October 1, 2003. to ensure that new research, economic effects of this action on small However, in addition to the complete educational, and national security entities. Based on that assessment, we application packages, the CJIS Division preparedness efforts are not impeded. will either certify that the rule will not also has received incomplete packages. We will consider comments we have a significant economic impact on The CJIS Division has sent more than receive during the comment period for a substantial number of small entities or 2,450 letters informing Responsible this interim rule (see DATES above). publish a final regulatory flexibility Officials of the incomplete applications After the comment period closes, we analysis. of their personnel. In light of its present will publish another document in the capacity and processing times, the CJIS Federal Register. The document will Unfunded Mandates Division has projected that even if include a discussion of any comments The Unfunded Mandates Reform Act immediately completed, these we receive and any amendments we are at 2 U.S.C. 1532 requires that agencies outstanding applications could not be making to the rule. prepare an assessment of anticipated processed by the November 12, 2003 costs and benefits before developing any Authority for Interim Final Rule regulatory deadline. rule that may result in expenditure by We believe that the continued We are amending the December 2002 State, local, or tribal governments, in the operation of these facilities is vital to interim final rule to insure that the aggregate, or by the private sector of the public interest. We also believe that provisions of the Part 73 are consistent $100 million or more in any given year. those entities and individuals that have with the original intent of the Act. This interim final rule is not expected submitted all of the required Consequently, the Act also requires this to result in any one-year expenditure information and forms by November 12, amendment to be published as an that would exceed $100 million. 2003, have made a good faith effort to interim final rule (42 U.S.C. 262a, note). comply with these regulations. We are Further, pursuant to 5 U.S.C. 553, we Executive Order 12988 therefore amending the applicability find that notice and public procedure This rule has been reviewed under requirements to allow for the issuance are impracticable, unnecessary, and Executive Order 12988, Civil Justice of provisional registration certificates contrary to the public interest and that Reform. This rule: (1) Preempts all State for entities, and provisional grants of we have good cause to dispense with and local laws and regulations that are access for individuals, from whom, notice and comment on this inconsistent with this rule; (2) has no prior to November 12, 2003, the amendment. The amendment will retroactive effect; and (3) does not Attorney General has received all of the prevent disruption or termination of require administrative proceedings information required by the Attorney ongoing research and educational before parties may file suit in court General to conduct a security risk projects by hundreds of entities and challenging this rule. assessment if those entities and thousands of individuals needing access List of Subjects in 42 CFR Part 73 individuals otherwise meet all of the to select agents and toxins. requirements of Part 73. This action is Immediate action is necessary to Biologics, Packaging and containers, necessary to ensure that, as required by prevent the imposition of an Penalties, Reporting and recordkeeping the Act, ongoing research and unnecessary burden on the regulated requirements, Transportation. educational efforts important to the community; and to ensure the Dated: October 30, 2003. national defense are not disrupted. We appropriate availability of biological Tommy G. Thompson, toxins for research, education, and other are also amending the applicability Secretary. requirements to allow for the issuance legitimate purposes. Under these of provisional registration certificates circumstances, the Secretary has ■ For the reasons stated in the preamble, for entities not currently in possession determined that prior notice and 42 CFR part 73 is amended as follows: ■ of select agents or toxins from whom, opportunity for public comment are 1. The authority citation for Part 73 prior to November 12, 2003, the contrary to the public interest and that continues to read as follows: Attorney General has received all the there is good cause under 5 U.S.C. 553 Authority: 42 U.S.C. 262a; sections 201– for making this action effective less than 204, 221 and 231 of Title II of Public Law 1 To avoid delays related to incomplete 30 days after publication in the Federal 107–188, 116 Stat. 637 (42 U.S.C. 262a). applications, individuals and entities should Register. submit their FD–961 forms and fingerprint cards to § 73.0 [Amended] the CJIS Division in one package. However, this Paperwork Reduction Act ■ does not apply to applicants who are submitting 2. Amend § 73.0 by adding paragraphs follow-up information or fingerprint cards for an This interim final rule does not (b)(5), through (b)(8) and paragraphs existing incomplete application. contain any new provisions constituting (c)(5) through (c)(8) to read as follows:
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62247
§ 73.0 Applicability and related grants the individual access or denies and Order have been analyzed with requirements. access to a select agent or toxin. respect to the Paperwork Reduction Act * * * * * [FR Doc. 03–27659 Filed 10–31–03; 8:45 am] of 1995 (PRA), Public Law No. 104–13, (b) * * * and found to impose new reporting (5) A provisional registration BILLING CODE 4160–17–P requirements or burdens on the public. certificate may be issued to an entity if, Implementation of these new or as of November 12, 2003: modified reporting and recordkeeping (i) The Attorney General has received FEDERAL COMMUNICATIONS requirements will be subject to approval all of the information, including COMMISSION by the Office of Management and fingerprint cards, required by the 47 CFR Part 25 Budget (OMB) as prescribed by the PRA. Attorney General to conduct a security Summary of Report and Order: In this risk assessment of the entity, including [IB Docket Nos. 02–34, 00–248, and 96–111, document, the Commission adopts a any individual who owns or controls FCC 03–128] streamlined procedure for certain the entity; and modifications of space station licenses, (ii) The entity otherwise meets all of Satellite Licensing Procedures which it refers to as ‘‘Fleet the requirements of this Part. AGENCY: Federal Communications Management’’ modifications. A space (6) A provisional registration Commission. station operator may modify its license certificate will be effective until the without prior authorization, but upon ACTION: Final rule. Secretary either issues a certificate of 30 days prior notice to the Commission registration or suspends or revokes the SUMMARY: In this document, the and any potentially affected licensed provisional registration. Commission adopts a procedure that spectrum user, provided that the (7) A provisional grant of access may will give operators the flexibility to operator meets the following be issued to an individual identified by operate satellites in their fleets at any requirements: (1) The space station an entity as having a legitimate need to one of their orbit locations assigned to licensee will relocate a Geostationary have access to a select agent or toxin their fleet without individual prior Satellite Orbit (GSO) space station to from whom, as of November 12, 2003, Commission approval. The Commission another orbit location that is assigned to the Attorney General has received all of also relaxes a licensing requirement for that licensee; (2) the relocated space the information, including fingerprint receive-only earth stations accessing station licensee will operate with the cards, required by the Attorney General certain foreign-licensed satellites. These same technical parameters as the space to conduct a security risk assessment of actions are necessary to provide U.S.- station initially assigned to that that individual. licensed and non-U.S.-licensed satellite location, or within the original (8) A provisional grant of access will operators authorized to provide service satellite’s authorized and/or coordinated be effective until the Secretary either to the United States more flexibility to parameters; (3) the space station grants the individual access or denies meet their customers’ needs. licensee certifies that it will comply access to a select agent or toxin. DATES: This final rule contains with all the conditions of its original (c) * * * information collection requirements that license and all applicable rules after the (5) A provisional registration have not been approved by OMB. The relocation; (4) the space station licensee certificate may be issued to an entity if, Federal Communications Commission certifies that it will comply with all as of November 12, 2003: will publish a document in the Federal applicable coordination agreements at (i) The Attorney General has received Register announcing the effective date the newly occupied orbital location; (5) all of the information, including the space station licensee certifies that of these amendments. fingerprint cards, required by the it has completed any necessary Attorney General to conduct a security FOR FURTHER INFORMATION CONTACT: coordination of its space station at the risk assessment of the entity, including Steven Spaeth, Attorney Advisor, new location with other potentially any individual who owns or controls Satellite Division, International Bureau, affected space station operators; (6) the the entity; telephone (202) 418–1539 or via the space station licensee certifies that it (ii) The entity otherwise meets all of Internet at [email protected]. will limit operations of the space station the requirements of this Part; and SUPPLEMENTARY INFORMATION: This is a to Tracking, Telemetry, and Control (iii) The HHS Secretary finds that summary of the Commission’s Second (TT&C) functions during the relocation circumstances warrant such action in Report and Order, IB Docket Nos. 02–34, and satellite drift transition period; and the interest of the public health and 00–248, and 96–111, FCC 03–128, (7) the space station licensee certifies safety or national security. adopted June 4, 2003, and released June that the relocation of the space station (6) A provisional registration 20, 2003. The complete text of this does not result in a lapse of service for certificate will be effective until the Second Report and Order is available for any current customer. The Commission Secretary either issues a certificate of inspection and copying during normal also adopts rules to allow earth station registration or suspends or revokes the business hours in the FCC Reference operators that need to modify their provisional registration. Center (Room CY–A257), 445 12th licenses to repoint their antennas in (7) A provisional grant of access may Street, SW., Washington, DC 20554, and response to a satellite Fleet Management be issued to an individual identified by also may be purchased from the modification to do so on a streamlined an entity as having a legitimate need to Commission’s copy contractor, Qualex basis. Finally, the Commission extends have access to a select agent or toxin International, Portals II, 445 12th Street, its Fleet Management modification rules from whom, as of November 12, 2003, SW., Room CY–B402, Washington, DC to non-U.S.-licensed satellites. the Attorney General has received all of 20554, telephone (202) 863–2893, In addition, the Commission relaxes a the information, including fingerprint facsimile (202) 863–2898 or via e-mail licensing requirement for certain cards, required by the Attorney General [email protected]. It is also available receive-only earth stations. Historically, to conduct a security risk assessment of on the Commission’s Web site at http:/ receive-only earth stations receiving that individual. /www.fcc.gov. from non-U.S.-licensed satellites were (8) A provisional grant of access will Paperwork Reduction Act Analysis: required to be licensed. Under the rule be effective until the Secretary either The actions taken in the Second Report revisions adopted here, receive-only
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62248 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
earth stations receiving from non-U.S.- certification will be sent to the Chief (d)(1) Except as set forth in licensed satellites authorized to provide Counsel for Advocacy of the Small § 25.118(e), applications for service to the United States because Business Administration, and will be modifications of space station they have been placed on the Permitted published in the Federal Register. See authorizations shall be filed in List are no longer required to be 5 U.S.C. 605(b). accordance with § 25.114, but only licensed. For more on the Permitted those items of information listed in Ordering Clauses List, see 64 FR 61791, Nov. 15, 1999. § 25.114 that change need to be Regulatory Flexibility Analysis: Final Accordingly, it is ordered, pursuant to submitted, provided the applicant Regulatory Flexibility Certification. The Sections 4(i), 7(a), 11, 303(c), 303(f), certifies that the remaining information Regulatory Flexibility Act of 1980, as 303(g), and 303(r) of the has not changed. 1 amended (RFA) requires that a Communications Act of 1934, as * * * * * regulatory flexibility analysis be amended, 47 U.S.C. 154(i), 157(a), 161, (3) In the event that a space station prepared for rulemaking proceedings, 303(c), 303(f), 303(g), 303(r), that this licensee provides notification of a unless the agency certifies that ‘‘the rule Second Report and Order is hereby planned license modification pursuant will not have a significant economic adopted. to § 25.118(e), and the Commission impact on a substantial number of small It is further ordered that Part 25 of the 2 finds that the proposed modification entities.’’ The RFA generally defines Commission’s rules is amended as set does not meet the requirements of ‘‘small entity’’ as having the same forth below. These rule revisions § 25.118(e), the Commission will issue a meaning as the terms ‘‘small business,’’ contain new or modified information public notice announcing that the ‘‘small organization,’’ and ‘‘small collections that have not been approved 3 proposed license modification will be governmental jurisdiction.’’ In by OMB. The Commission will publish considered pursuant to the procedure addition, the term ‘‘small business’’ has a document in the Federal Register specified in paragraphs (d)(1) and (d)(2) the same meaning as the term ‘‘small announcing the effective date of these of this section. business concern’’ under the Small rules. Business Act.4 A small business concern It is further ordered that the revisions * * * * * is one which: (1) Is independently to part 25 adopted in this Second Report ■ 3. Amend § 25.118 by adding owned and operated; (2) is not and Order and set forth below are paragraph (c)(6), revising paragraph (d) dominant in its field of operation; and contingent upon approval by the Office and adding paragraph (e) to read as (3) satisfies any additional criteria of Management and Budget. follows: established by the Small Business It is further ordered that the Consumer 5 § 25.118 Modifications not requiring prior Administration (SBA). Information Bureau, Reference authorization. In this Second Report and Order in IB Information Center, shall send a copy of * * * * * Docket No. 02–34, the Commission this Order, including the Final (c) * * * adopts a streamlined procedure for Regulatory Flexibility Certification, to (6) Earth station operators may change space station license modification the Chief Counsel for Advocacy of the their points of communication without applications. The effect of these rule Small Business Administration. prior authorization, provided that the revisions is to reduce the administrative It is further ordered, pursuant to change results from a space station burdens associated with requesting § 0.261(a)(15) and § 1.2 of the license modification described in space station modifications. In this Commission’s rules, 47 CFR paragraph (e) of this section, and the Second Report and Order in IB Docket 0.261(a)(15), 1.2, that the Motion for earth station operator does not repoint No. 00–248, the Commission eliminates Clarification and Declaratory Ruling its antenna. a licensing requirement for certain filed by Home Box Office on January 4, (d) Earth station licensees must notify receive-only earth stations. This will 2000, is denied in part, to the extent the Commission using FCC Form 312 reduce the administrative burdens of indicated above. those receive-only earth station owners. within 30 days after a modification We expect that these changes will be Federal Communications Commission. described in paragraph (c) of this minimal and positive. Therefore, we William F. Caton, section is completed. certify that the requirements of these Deputy Secretary. (e) Space Station Modifications. A Second Reports and Orders will not ■ For the reasons discussed in the space station operator other than a have a significant economic impact on preamble, the Federal Communications Direct Broadcast Service (DBS) or a a substantial number of small entities. Commission amends 47 CFR part 25 as Digital Audio Radio Service (DARS) The Commission will send a copy of the follows: satellite operator may modify its license Second Reports and Orders, including a without prior authorization, but upon copy of this final certification, in a PART 25—SATELLITE 30 days prior notice to the Commission report to Congress pursuant to the COMMUNICATIONS and any potentially affected licensed Congressional Review Act, see 5 U.S.C. spectrum user, provided that the ■ 801(a)(1)(A). In addition, the Second 1. The authority citation for part 25 operator meets the following Reports and Orders and this continues to read as follows: requirements: Authority: 47 U.S.C. 701–744. Interprets or (1) The space station licensee will 1 The RFA, see 5 U.S.C. 601 et seq., has been applies sections 4, 301, 302, 303, 307, 309, relocate a Geostationary Satellite Orbit amended by the Contract With America and 332 of the Communications Act, as (GSO) space station to another orbit Advancement Act of 1996, Pub. L. No. 104–121, 110 amended, 47 U.S.C. sections 154, 301, 302, location that is assigned to that licensee; stat. 847 (1996) (CWAAA). Title II of the CWAAA 303, 307, 309, 332, unless otherwise noted. is the Small Business Regulatory Enforcement (2) The relocated space station Fairness Act of 1996 (SBREFA). ■ 2. Amend § 25.117 by revising licensee will operate with the same 2 5 U.S.C. 605(b). paragraph (d)(1) and adding (d)(3), to technical parameters as the space 3 5 U.S.C. 601(6). station initially assigned to that 4 5 U.S.C. 601(3) (incorporating by reference the read as follows: definition of ‘‘small business concern’’ in Small location, or within the original Business Act, 15 U.S.C. 632). § 25.117 Modification of station license. satellite’s authorized and/or coordinated 5 Small Business Act, 15 U.S.C. 632. * * * * * parameters;
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62249
(3) The space station licensee certifies serve the United States pursuant to a how we can improve the collection(s) that it will comply with all the Letter of Intent or Petition for and reduce the burden(s) they cause conditions of its original license and all Declaratory Ruling, may modify its U.S. you, please write to Les Smith, Federal applicable rules after the relocation; operations under the procedures set Communications Commission, Room 1– (4) The space station licensee certifies forth in § 25.117(d). In addition, a non- A804, 445 12th Street, SW., that it will comply with all applicable U.S.-licensed satellite operator that has Washington, DC 20554. Please include coordination agreements at the newly been permitted to serve the United the OMB Control Number, 3060–1043, occupied orbital location; States pursuant to a Petition for in your correspondence. We will also (5) The space station licensee certifies Declaratory Ruling, may modify its U.S. accept your comments regarding the that it has completed any necessary operations under the procedures set Paperwork Reduction Act aspects of the coordination of its space station at the forth in § 25.118(e). collections via the Internet, if you send new location with other potentially [FR Doc. 03–27217 Filed 10–31–03; 8:45 am] them to [email protected] or call affected space station operators; (6) The space station licensee certifies BILLING CODE 6712–01–P (202) 418–0217. To request materials in that it will limit operations of the space accessible formats for people with station to Tracking, Telemetry, and disabilities (Braille, large print, FEDERAL COMMUNICATIONS electronic files, audio format), send an Control (TT&C) functions during the COMMISSION relocation and satellite drift transition e-mail to [email protected] or call the period; and 47 CFR Part 64 Consumer & Governmental Affairs (7) The space station licensee certifies Bureau at (202) 418–0531 (voice), (202) that the relocation of the space station [CC Docket No. 98–67; DA 03–3181; FCC 418–7365 (TTY). does not result in a lapse of service for 03–46] Synopsis any current customer. Provision of Improved ■ 4. Amend § 25.131 by revising Telecommunications Relay Services As required by the Paperwork paragraphs (b) and (j) to read as follows: and Speech-to-Speech for Individuals Reduction Act of 1995 (44 U.S.C. 3507), § 25.131 Filing requirements for receive- With Hearing and Speech Disabilities the FCC is notifying the public that it received approval for three years from only earth stations. AGENCY: Federal Communications OMB on September 26, 2003, for the * * * * * Commission. (b) Except as provided in paragraph (j) collection(s) of information contained ACTION: Final rule; announcement of the Commission’s annual reporting of this section, receive-only earth effective date. stations in the fixed-satellite service that requirement. The OMB Control Number operate with U.S.-licensed satellites SUMMARY: In this document, the is 3060–1043. The annual reporting may be registered with the Commission Commission announces that the Office burden for this collection(s) of in order to protect them from of Management and Budget (OMB) has information, including the time for interference from terrestrial microwave approved for three years the annual gathering and maintaining the collection stations in bands shared co-equally with reporting requirement for IP Relay of information, is estimated to be: 4 the fixed service in accordance with the providers to submit a report to the FCC respondents, an average of 10 hours per procedures of §§ 25.203 and 25.251. detailing the technical developments response per annum, for a total hour * * * * * that have occurred to enable IP Relay burden of 40 hours, and no annual cost. (j)(1) Except as set forth in paragraph providers to meet the TRS mandatory Under 5 CFR part 1320, an agency (j)(2) of this section, receive-only earth minimum standards waived in the may not conduct or sponsor a collection stations operating with non-U.S. Order on Reconsideration published at of information unless it displays a 68 FR 18825, April 16, 2003. licensed space stations shall file an FCC current valid OMB Control Number. No Form 312 requesting a license or DATES: Annual reporting requirement person shall be subject to any penalty modification to operate such station. published at 68 FR 18825, April 16, for failing to comply with a collection (2) Receive-only earth stations used to 2003, is effective November 3, 2003. of information subject to the Paperwork receive transmissions from non-U.S.- ADDRESSES: Federal Communications Reduction Act (PRA) that does not licensed space stations on the Permitted Commission, 445 12th Street, SW., display a valid OMB Control Number. Space Station List need not file for Washington, DC 20554. licenses, provided that: The OMB Control Number is 3060– FOR FURTHER INFORMATION CONTACT: 1043. (i) The earth station antenna meets the Dana Jackson or Janet Sievert of the antenna performance standards set forth Consumer & Governmental Affairs List of Subjects in 47 CFR Part 64 in §§ 25.209(a) and (b), and Bureau at (202) 418–2517 (voice), (202) (ii) The space station operator and 418–7898 (TTY). Individuals with disabilities, earth station operator comply with all Reporting and recordkeeping SUPPLEMENTARY INFORMATION: This is a applicable rules set forth in this chapter, summary of the Commission’s Public requirements, Telecommunications. and the conditions on the Permitted Notice, DA 03–3181, released on Federal Communications Commission. Space Station List applicable to that October 15, 2003, announcing OMB space station. Marlene H. Dortch, ■ 5. Amend § 25.137 by revising approval for three years the annual Secretary. reporting requirement for IP Relay paragraph (f) to read as follows: [FR Doc. 03–27512 Filed 10–31–03; 8:45 am] providers. The information collections BILLING CODE 6712–01–P § 25.137 Application requirements for were approved by OMB on September earth stations operating with non-U.S. 26, 2003. OMB Control No. 3060–1043. licensed space stations. The Commission publishes this notice * * * * * of the effective date of the annual (f) A non-U.S.-licensed satellite reporting requirement. If you have any operator that has been permitted to comments on these burden estimates, or
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62250 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
DEPARTMENT OF COMMERCE surfclams that were less than 4.75 framework adjustment are available inches (12.07 cm). Based on these data, from Daniel Furlong, Executive Director, National Oceanic and Atmospheric the Regional Administrator adopts the Mid-Atlantic Fishery Management Administration Council’s recommendation and Council, Room 2115, Federal Building, suspends the minimum size limit for 300 South Street, Dover, DE 19901– 50 CFR Part 648 Atlantic surfclams from January 1, 2004, 6790. The Framework 3 document is [I.D. 101603C] through December 31, 2004. also accessible via the Internet at http:/ /www.mafmc.org. The Final Regulatory Classification Fisheries of the Northeastern United Flexibility Analysis (FRFA) consists of States; Atlantic Surfclam and Ocean This action is authorized by 50 CFR the IRFA, public comments and Quahog Fishery; Suspension of part 648 and is exempt from review responses contained in this final rule, Minimum Surfclam Size for 2004 under Executive Order 12866. and the summary of impacts and Authority: 16 U.S.C. 1801 et seq. alternatives contained in this final rule. AGENCY: National Marine Fisheries Copies of the small entity compliance Service (NMFS), National Oceanic and Dated: October 27, 2003. guide are available from Patricia A. Atmospheric Administration, Bruce C. Morehead, Kurkul, Regional Administrator, Commerce. Acting Director, Office of Sustainable Northeast Region, National Marine ACTION: Notice of suspension of Fisheries, National Marine Fisheries Service. Fisheries Service, One Blackburn Drive, surfclam minimum size limit. [FR Doc. 03–27514 Filed 10–31–03; 8:45 am] Gloucester, MA 01930–2298. BILLING CODE 3510–22–S FOR FURTHER INFORMATION CONTACT: SUMMARY: NMFS suspends the Sarah McLaughlin, Fishery Policy minimum size limit of 4.75 inches Analyst, (978) 281–9279, fax (978) 281– DEPARTMENT OF COMMERCE (12.07 cm) for Atlantic surfclams for the 9135, e-mail 2004 fishing year. This action is taken [email protected]. under the authority of the implementing National Oceanic and Atmospheric regulations for this fishery, which allow Administration SUPPLEMENTARY INFORMATION: This final for the annual suspension of the rule implements measures contained in minimum size limit based upon set 50 CFR Part 648 Framework 3 to the FMP. Details criteria. The intended effect is to relieve concerning the justification for and [Docket No. 030912231–3266–02; I.D. development of Framework 3 and the the industry from a regulatory burden 090403A] that is not necessary, as the majority of implementing regulations were surfclams harvested are larger than the RIN 0648–AR43 provided in the preamble to the minimum size limit. proposed rule (68 FR 55283, September Fisheries of the Northeastern United 24, 2003) and are not repeated here. DATES: Effective January 1, 2004, States; Summer Flounder, Scup, and The summer flounder, scup, and through December 31, 2004. Black Sea Bass Fisheries; Framework black sea bass fisheries are managed FOR FURTHER INFORMATION CONTACT: Adjustment 3 cooperatively by the Atlantic States Heather L. Sagar, Fishery Management Marine Fisheries Commission AGENCY: Specialist, 978–281–9341. National Marine Fisheries (Commission) and the Mid-Atlantic SUPPLEMENTARY INFORMATION: Section Service (NMFS), National Oceanic and Fishery Management Council (Council), 648.72(c) of the regulations Atmospheric Administration (NOAA), in consultation with the New England implementing the Fishery Management Commerce. and South Atlantic Fishery Management Plan (FMP) for the Atlantic Surfclam ACTION: Final rule; notification of scup Councils. The management unit for scup and Ocean Quahog Fisheries allows the Winter II quota adjustment and (Stenotomus chrysops), specified in the Administrator, Northeast Region, NMFS possession limit adjustment for 2003. FMP, is defined as U.S. waters of the (Regional Administrator) to suspend Atlantic Ocean from 35°13.3′ N. lat. (the SUMMARY: NMFS issues this final rule to annually, by publication of a latitude of Cape Hatteras Lighthouse, implement measures contained in notification in the Federal Register, the Buxton, NC) northward to the U.S./ Framework Adjustment 3 (Framework minimum size limit for Atlantic Canada border. The FMP and its 3) to the Summer Flounder, Scup, and surfclams. This action may be taken implementing regulations found at 50 Black Sea Bass Fishery Management unless discard, catch, and survey data CFR part 648, subparts A, G (summer Plan (FMP) to allow the rollover of indicate that 30 percent of the Atlantic flounder), H (scup), and I (black sea unused commercial scup quota from the surfclam resource is smaller than 4.75 bass), describe the process for specifying Winter I period to the Winter II period, inches (12.07 cm) and the overall annual commercial scup measures that and to change the regulations regarding reduced size is not attributable to apply in the Exclusive Economic Zone the scup commercial quota counting harvest from beds where growth of the (EEZ). The states manage these fisheries procedures. NMFS also adjusts the 2003 individual clams has been reduced within 3 miles of their coast, under the Winter II commercial scup quota and because of density-dependent factors. Commission’s Interstate Summer possession limit. At its June 2003, meeting, the Mid- Flounder, Scup, and Black Sea Bass Atlantic Fishery Management Council DATES: This rule is effective November FMP. The Federal regulations govern (Council) voted to recommend that the 1, 2003, except for § 648.120(b)(4) and vessels fishing in the EEZ, as well as Regional Administrator suspend the § 648.120(d)(5) which are effective April vessels possessing a Federal fisheries minimum size limit. Commercial 1, 2004. permit, regardless of where they fish. surfclam shell length data for 2003 were ADDRESSES: Copies of the Framework 3 The commercial scup fishery is analyzed to determine the percentage of document, including the Regulatory managed under a system that allocates surfclams landed that were smaller than Impact Review (RIR), the Initial the annual quota to three periods: the minimum size requirement. The Regulatory Flexibility Analysis (IRFA), Winter I, January-April (45.11 percent); analysis indicated that 1.2 percent of the and the Environmental Assessment, and Summer, May-October (38.95 percent); samples taken overall were composed of other supporting documents for the and Winter II, November-December
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62251
(15.94 percent). During the Winter during Winter II. Additionally, it would action alternative, which would not periods, the quota is monitored on a be difficult to develop possession limits allow these landings to be counted coastwide basis. During the Summer that would accommodate the merged against the Summer period quota, but period, the quota is also monitored on periods under Alternative 3. Alternative would continue to require that they be a coastwide basis, but the Commission 2 is not associated with any risk to the recorded as an overage to the Winter I uses a state-by-state allocation system to scup stock or stocks of other species, period quota; and the proposed option. help manage the Federal quota. The and should provide economic and social The action implemented was selected Federal commercial scup fishery is benefits while meeting the objectives of by the Council because it would not closed coastwide when the allocation National Standard 1. alter the current quota period or for a period is reached. In addition, any In addition, commercial possession allocations, would require only a overages during a quota period are limits for the Winter II period will be minimal change to current Federal subtracted from that period’s allocation adjusted, based on the amount of quota regulations, would reduce the negative for the following year. Any quota rolled over from the Winter I period. It effects associated with harvest demand overages by a state during the Summer is the Council’s intention that the quota when scup availability is high but period (whether or not the total Summer rollover and any necessary possession landings are not allowed, and would not period quota is exceeded) are subtracted limit adjustments will be accomplished place the scup stock or stocks of other by the Commission from the state’s via a notification of changes prior to the species at risk. Summer period share the following beginning of the Winter II fishery. Changes from the Proposed Rule year. The current regulations do not For 2003, the Winter II quota is allow for the transfer of quota between 1,979,689 lb (897,981 kg), and the best As indicated in the proposed rule, the periods within a fishing year. The final available landings information indicates amount of unused Winter I quota to be rule to implement the 2003 annual that 1,873,050 lb (849,601 kg) remain of transferred to Winter II has been quota specifications (68 FR 60, January the Winter I quota. Consistent with the updated based on the latest (and best 2, 2003) established possession limits of intent of Framework 3, the full amount available) landings information for the 15,000 lb (6,804 kg) per trip during of unused 2003 Winter I quota is 2003 Winter I period. The resulting Winter I and 1,500 lb (680 kg) during transferred to Winter II, resulting in a 2003 Winter II quota is 3,852,739 lb Winter II, and specified that the Winter revised 2003 Winter II quota of (1,747,573 kg) rather than 4,183,440 lb I possession limit be reduced to 1,000 lb 3,852,739 lb (1,747,573 kg). In addition (1,897,576 kg) as originally proposed. (454 kg) per trip when 80 percent of the to the quota transfer, the 2003 Winter II The reason for the decrease is that, in commercial quota allocated to that possession limit is increased to 4,000 lb preparation of the final rule, Winter I period is projected to be harvested. (1,814 kg) per trip to provide an landings information from dealer appropriate opportunity for fishing weighout reports became available and Quota Rollover From Winter I to vessels to obtain the increased Winter II were used, in combination with the Winter II quota. For 2004 and future years, the Winter I interactive voice response data This final rule implements a process, Council will recommend Winter II (used in preparation of the proposed for years in which the full Winter I possession limits, adjusted as rule), to best estimate total landings for commercial scup quota is not harvested, appropriate based on the amount rolled the Winter I period. to allow unused quota from the Winter over from Winter I to Winter II, as part For clarification purposes, in I period to be added to the quota for the of the annual commercial quota § 648.120(b)(2) and § 648.120(c), the Winter II period. During the specification process. terms ‘‘landing limits’’ and ‘‘landings development of this framework limits’’ are changed to ‘‘possession Quota Counting Procedures adjustment, the Council considered and limits,’’ and in the first sentence of analyzed three alternatives for unused The distribution of scup is such that § 648.120(d)(3), the phrase ‘‘for each Winter I quota: Taking no action, which they are occasionally available in quota period’’ is changed to ‘‘for the would continue the current regulations nearshore (state) waters prior to the Winter I period.’’ The second sentence without the ability to transfer unused beginning of the states’ Summer period of § 648.120(d)(3) is corrected to clarify quota between periods (Alternative 1); (May 1). This final rule implements a that if, in any year that the Regional the proposed option (Alternative 2); and mechanism, for years when the Winter Administrator determines that the combining the Winter I and Winter II I commercial scup quota is completely landings of scup during Winter I are less quotas into a single quota spanning the harvested and the Winter I fishery is than the Winter I quota for that year, he/ two periods (Alternative 3). A fourth closed prior to April 15, and upon a she shall increase the Winter II quota for option, to roll over unused quota from state’s written request, to allow for that year by the amount of the Winter both the Winter I and Summer periods commercial landings of scup by state- I underharvest. The first sentence of into Winter II, was considered but only permitted vessels in said state that § 648.120(d)(5) is corrected to clarify the rejected for further analysis due to the occur from April 15 through April 30 to process by which a state may apply to impracticability of monitoring the be counted against that state’s Summer the Regional Administrator for Summer period quota through the end quota allocation. Because harvest in authorization to count scup landings in of the Summer period, calculating the state waters during the Summer period state waters against the Summer period amount of unused combined Winter I is under the jurisdiction of the quota. and Summer period quota, if any, and Commission, this is primarily a effecting the quota rollover prior to the Commission issue, but this final rule Comments and Responses beginning of the Winter II period. The implements a change to the Federal One comment was received on the proposed option was selected by the regulations regarding the quota counting proposed rule, although the comment Council because, under Alternative 1, procedures to effect the change to the did not specifically address the regulatory discarding in Winter II would Commission allocation system. proposed scup action. continue to occur, and Alternative 3 During the development of this Comment: The commenter expressed would introduce the risk that the entire framework adjustment, the Council general support for marine protected combined winter quota could be taken considered and analyzed two options areas, reduction of commercial quotas in during Winter I, resulting in no fishery for the quota counting procedures: A no- general, elimination of bottom trawling
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62252 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
and longlining, and better enforcement before the end of the quota period, the Description of Projected Reporting, of fisheries regulations. The commenter rollover of quota from the Winter I Recordkeeping, and Other Compliance also objected to NOAA Fisheries not period is expected to extend the Winter Requirements accepting comments via e-mail on this II season and have a positive economic No additional reporting, action. impact on the ports and communities recordkeeping, or other compliance Response: This rule implements associated with the vessels participating requirements are included in this final measures designed to provide for in this fishery. Therefore, the 30–day rule. improved utilization of the Federal delayed effectiveness period for the commercial scup quota, and to improve management measures regarding the Description of the Steps Taken to efficiency of this fishery. While NMFS quota rollover from Winter I to Winter Minimize Economic Impact on Small acknowledges the importance of the II is not applicable, as this rule relieves Entities issues raised by the commenter, this restrictions pursuant to 5 U.S.C. It is not possible to further mitigate rule is not the proper mechanism to 553(d)(1). economic impacts on small entities address these general issues. Included in this final rule is the Final because the Council selected the Classification Regulatory Flexibility Analysis (FRFA) alternative with most positive economic prepared pursuant to 5 U.S.C. 604(a). impacts relative to the other alternatives This final rule has been determined to The FRFA incorporates the IRFA, the be not significant for purposes of determined to achieve the biological comments and responses to the objectives. Specification of commercial Executive Order 12866. proposed rule, and the analyses During the Winter scup quota periods, quotas and possession limits is completed in support of this action. A the quota is monitored on a coastwide constrained by the conservation copy of the IRFA is available from the basis, and the commercial scup fishery objectives of the FMP, and implemented Council (see ADDRESSES). is closed coastwide when the allocation at 50 CFR part 648 under the authority The preamble to the proposed rule for a period is reached. The current of the Magnuson-Stevens Fishery regulations do not allow for the transfer included a detailed summary of the Conservation and Management Act of quota between periods within the analyses contained in the IRFA, and that (Magnuson-Stevens Act). year. Underharvest of the Winter I quota discussion is not repeated here. Under the no-action quota rollover occurred in 2002 and 2003, leaving Final Regulatory Flexibility Analysis alternative, the current allocation available quota unused, whereas quota system as specified in the FMP would for the Winter II period has been Statement of Objective and Need remain unchanged, and any negative harvested early each year since 1999. A description of the reasons why this economic impacts associated with it Under the current management system, action is being taken, and the objectives could persist. More specifically, a negative economic impacts may result of and legal basis for this final rule are portion of the annual quota allocated to from early closure of the Winter II explained in the preambles to the Winter I may be left unharvested, which fishery. In an effort to lengthen the proposed rule and this final rule and are would result in foregone economic fishing season under a relatively small not repeated here. opportunities to the fishing industry. quota, a possession limit is Additionally, the existing regulations implemented, but this can result in Summary of Significant Issues Raised in require that once the Winter II quota has regulatory discards of fish caught in Public Comments been achieved, additional scup captured excess of the possession limit. Any One comment was received during by the fishery operating during that time overages during a Winter quota period the comment period on the proposed of year be discarded. are subtracted from the period’s rule, although it did not pertain to the Allowing the transfer of unused scup allocation for the following year. economic impacts of this rule. No quota from the Winter I period to the This action relieves a restriction by significant issues were raised and, Winter II period could potentially implementing a process, for years in therefore, no changes to the proposed increase landings of scup during the which the full Winter I commercial scup rule were required to be made as a result Winter II period. Applying the nominal quota is not harvested, to allow unused of public comments. For a summary of average ex-vessel price of scup for the quota from the Winter I period to be the comment received, refer to the 1998–2002 Winter II period of $0.80/lb rolled over to the quota for the Winter section above titled ‘‘Comments and ($1.76/kg), and assuming the transfer of II period. Without this action, the Responses.’’ 1,873,050 lb (849,601 kg), the additional Winter II fishery must close when the amount of scup available for harvest initial Winter II quota is reached, even Description and Estimate of Number of during the 2003 Winter II period would if substantial quota remains from the Small Entities to which Rule Will Apply be valued at approximately $1.5 million. Winter I period. This action allows the Federal Northeast permit data If this increase in revenue is equally Winter II fishery to remain open longer, indicate that there were 878 vessels distributed among the 213 vessels that by allowing vessels to take advantage of with scup commercial permits in 2001. landed scup during the 2002 Winter II remaining Winter I quota. Commercial This action could affect any commercial period, then overall ex-vessel gross possession limits for the Winter II vessel holding an active Federal revenues could increase by $7,034 per period also are adjusted upward, based Northeast scup permit by providing vessel. However, as it is possible that on the amount of quota rolled over from permit holders with an increased the average price for scup during Winter the Winter I period, to allow for the opportunity to harvest scup during the II may decrease, given the potential landing of scup that were available Winter II period, if some portion of the increase in scup landings, the estimate during the 2003 Winter I period, but Winter I quota for that year is unused. of the increase to ex-vessel gross were not harvested. This action allows The Summer period allocation element revenues most likely represents an for improved coordination of timing of of this action would affect only how upper limit. the fishery’s harvest potential with the certain landings are attributed, and The proposed Winter II possession availability of the resource. would not affect the ability of vessels limit for 2003 of 4,000 lb (1,814 kg) per Additionally, because the Winter II holding only a state permit to land and trip is not expected to impact the scup quota typically has been harvested sell scup during a Federal closure. fishery negatively. In fact, the increased
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations 62253
possession limit may have positive of information on these factors, this was commercial quota for that period, impacts by providing the market a not analyzed in detail. regardless of where the scup were regular product supply, and avoiding harvested, except as provided in Small Entity Compliance Guide market gluts and price fluctuations. paragraph (d)(5) of this section. It is expected that the rollover of Section 212 of the Small Business * * * * * unused quota from Winter I to Winter II Regulatory Enforcement Fairness Act of (c) Annual fishing measures. The would reduce social burdens associated 1996 states that, for each rule or group Demersal Species Committee shall with early closures that may occur of related rules for which an agency is review the recommendations of the under the current system for managing required to prepare a FRFA, the agency Scup Monitoring Committee. Based on scup, as it would preserve fishing shall publish one or more guides to these recommendations and any public opportunities that would not be assist small entities in complying with comment, the Demersal Species available if the scup fishery was closed. the rule, and shall designate such Committee shall recommend to the By extension, it is expected that publications as ‘‘small entity MAFMC measures necessary to assure maintaining fishing opportunities compliance guides.’’ The agency shall that the specified exploitation rate will would have a positive impact on the explain the actions a small entity is not be exceeded. The MAFMC’s ports and communities associated with required to take to comply with a rule recommendation must include the vessels participating in this fishery. or group of rules. As part of this supporting documentation, as The Council determined that the rulemaking process, a small entity appropriate, concerning the impacts of the combination of Winter I compliance guide (the guide) was environmental and economic impacts of and Winter II into one period would be prepared. Copies of the guide will be the recommendations. The Regional similar to those for the action sent to all holders of commercial Administrator shall review these implemented. However, under this Federal scup fishery permits. The guide recommendations and any alternative, it is possible that the entire will be available on the Internet at http:/ quota could be harvested during Winter recommendations of the Commission. /www.nero.noaa.gov. Copies of the After such review, NMFS will publish a I. If this were to occur, fishermen would guide can also be obtained from the not be able to fish for scup during the proposed rule to implement a Regional Administrator (see commercial quota in the Federal Winter II period, potentially disrupting ADDRESSES). product supply, increasing discards, Register, specifying the amount of quota and contributing to price fluctuations, List of Subjects in 50 CFR Part 648 allocated to each of the three periods, as well as severely constraining fishing possession limits for the Winter I and Fishing, Fisheries, Reporting and Winter II periods, including possession opportunities for those fishermen that recordkeeping requirements. depend upon access to the Winter II limits that result from potential rollover quota period fishery. The Council Dated: October 29, 2003. of quota from Winter I to Winter II, the selected the action being implemented Rebecca Lent, percentage of landings attained during under this final rule because it would Deputy Assistant Administrator for the Winter I fishery at which the provide the maximum economic benefit Regulatory Programs, National Marine possession limits will be reduced, a to the fishing industry by ensuring that Fisheries Service. recreational harvest limit, and any unused Winter I period scup quota ■ For the reasons stated in the preamble, additional management measures for the would be made available in the Winter 50 CFR part 648 is amended as follows: commercial fishery. If the Regional II period. Administrator determines that The change to the quota counting PART 648—FISHERIES OF THE additional recreational measures are procedures is not expected to affect NORTHEASTERN UNITED STATES necessary to assure that the specified exploitation rate will not be exceeded, overall scup landings, as total landings ■ 1. The authority citation for part 648 he or she will publish a proposed rule would continue to be restricted to the continues to read as follows: annual commercial quota. It is possible in the Federal Register to implement that, if the Winter I fishery were closed Authority: 16 U.S.C. 1801 et seq. additional management measures for the and inshore fishermen were allowed to ■ 2. In § 648.120, paragraphs (b)(2), recreational fishery. After considering land and sell scup, scup prices could (b)(4), and (c) are revised; paragraph public comment, the Regional increase. However, given the short (d)(3) is redesignated as paragraph (d)(4) Administrator will publish a final rule length of time that inshore fishermen and the introductory text is revised; and in the Federal Register to implement would have to land any scup harvested new paragraphs (d)(3) and (d)(5) are annual measures. during a Winter I closure, i.e., April 15 added to read as follows: (d) * * * through April 30, it is not expected that (3) The Regional Administrator will the scup price would be significantly § 648.120 Catch quotas and other monitor the harvest of commercial quota restrictions. affected. Nevertheless, selling scup for the Winter I period based on dealer harvested by inshore fisheries prior to * * * * * reports, state data, and other available May 1 during a Winter I closure would (b) * * * information and shall determine the likely provide economic and social (2) Possession limits for the Winter I total amount of scup landed during the benefits to inshore fisheries. It is and Winter II periods, including Winter I period. In any year that the possible that the preferred alternative possession limits that result from Regional Administrator determines that could result in the Summer period potential rollover of quota from Winter the landings of scup during Winter I are quota being harvested earlier. This I to Winter II. The possession limit is less than the Winter I quota for that would depend on the amount of the the maximum quantity of scup that is year, he/she shall increase, through Summer quota, numbers of fishermen allowed to be landed within a 24–hour publication of a notification in the that may participate in an early summer period (calendar day). Federal Register, provided such rule fishery, and/or the amount of scup that * * * * * complies with the requirements of the could potentially be landed after April (4) All scup landed for sale in any Administrative Procedure Act, the 15 and prior to May 1 in the event of state during a quota period shall be Winter II quota for that year by the a Winter I closure. However, due to lack applied against the coastwide amount of the Winter I underharvest.
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62254 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Rules and Regulations
The Regional Administrator shall also commercial quota in any quota period landings in a state from April 15 adjust, through publication of a will be deducted from that quota through April 30 against the Summer notification in the Federal Register, the period’s annual quota in the following period quota must be made by letter Winter II possession limits consistent year as prescribed below: signed by the principal state official with the amount of the quota increase, * * * * * with marine fishery management responsibility and expertise, or his/her based on the possession limits (5) During a fishing year in which the designee, and must be received by the established through the annual Winter I quota period is closed prior to Regional Administrator no later than specifications-setting process. April 15, a state may apply to the April 15. Within 10 working days (4) All scup landed for sale in any Regional Administrator for following receipt of the letter, the state during a quota period shall be authorization to count scup landed for Regional Administrator shall notify the applied against the coastwide sale in that state from April 15 through appropriate state official of the commercial quota for that period, April 30 by state-only permitted vessels disposition of the request. regardless of where the scup were fishing exclusively in waters under the harvested, except as provided in jurisdiction of that state against the * * * * * paragraph (d)(5) of this section. Any Summer period quota. Requests to the [FR Doc. 03–27601 Filed 10–29–03; 3:15 pm] current year landings in excess of the Regional Administrator to count scup BILLING CODE 3510–22–S
VerDate jul<14>2003 14:55 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 62255
Proposed Rules Federal Register Vol. 68, No. 212
Monday, November 3, 2003
This section of the FEDERAL REGISTER Control, Drug Enforcement administered to the individual specific contains notices to the public of the proposed Administration, Washington, DC 20537, patient are waste that must be disposed issuance of rules and regulations. The Telephone (202) 307–7297. of. Although DEA permits pharmacies to purpose of these notices is to give interested SUPPLEMENTARY INFORMATION: dispense a prescription for a LTCF persons an opportunity to participate in the patient on a daily or dosage unit basis rule making prior to the adoption of the final I. Background rules. rather than dispense the entire quantity Legal Authority prescribed, reimbursement rules under Medicare and Medicaid and other third DEA enforces the Controlled party payors make daily dispensing DEPARTMENT OF JUSTICE Substances Act (CSA) (21 U.S.C. 801 et financially unattractive for pharmacies; seq.), as amended. DEA regulations pharmacies are allowed a limited Drug Enforcement Administration implementing this statute are published number of dispensing fees plus the in Title 21 of the Code of Federal calculated cost of the medication per 21 CFR Parts 1300, 1301, 1304, and Regulations (CFR), Part 1300 to end. month. As a consequence, pharmacies 1307 These regulations are designed to routinely dispense the entire establish a framework for the legal [Docket No. DEA–240P] prescription to the patient at once. distribution of controlled substances to A result of this dispensing practice is RIN 1117–AA75 deter their diversion to illegal purposes that when patients leave the facility or and to ensure that there is a sufficient Preventing the Accumulation of their medications change, the LTCF is supply of these drugs for legitimate Surplus Controlled Substances at left with excess controlled substances, medical purposes. Controlled Long Term Care Facilities which must be disposed of to avoid substances are those substances listed in diversion. Because they are not AGENCY: the schedules of the CSA and 21 CFR Drug Enforcement registrants, the LTCFs may not transfer 1308.11–1308.15, and generally include Administration (DEA), Justice. the substances to either the pharmacy narcotics, stimulants, depressants, ACTION: Notice of proposed rulemaking. that supplied them or to a reverse hallucinogens, and anabolic steroids distributor for disposal. The LTCF must SUMMARY: Because long term care that have a high potential for abuse and dispose of the excess controlled facilities (LTCFs) generally do not have dependency. DEA’s regulations require substances directly. pharmacies on site and are not that persons involved in the registered with DEA, they typically manufacture, distribution, research, Previous DEA Actions receive controlled substances prescribed dispensing, import, and export of DEA has frequently been asked to for specific patients in 30 day supplies, controlled substances register with DEA, assist in resolving this matter. The although smaller supplies are keep track of all stocks of controlled principal concern has been to prevent sometimes used. As patients leave or substances, and maintain records to the accumulation of controlled their medication needs to be changed, account for all controlled substances substances that are dispensed but not the LTCFs accumulate stocks of excess received, distributed, or otherwise administered to the patient. DEA has controlled substances. The excess stocks disposed of. attempted to address this problem can result in significant problems with Controlled Substances at Long Term through the establishment of partial waste and disposal and present Care Facilities (LTCFs) dispensing provisions for Schedules II– opportunities for diversion of controlled V prescriptions (including unit-dose substances. DEA is proposing changes to Patients at LTCFs receive numerous dispensing, if desired), to limit the its existing regulations to allow, where medications, including controlled quantity of controlled substances State laws permit, for pharmacy substances. Unlike hospitals, LTCFs are dispensed at one time and avoid waste installation of automated dispensing rarely DEA registrants. Patients at these if the treatment was changed or systems (ADSs) at LTCFs. Automated facilities are usually seen by their discontinued. According to the dispensing systems would allow personal physicians, who prescribe any pharmacy industry, however, dispensing of single dosage units and necessary medication. These dispensing fees, reimbursement mitigate the problem of excess stocks prescriptions are filled by retail practices, and difficulties in educating and disposal. pharmacies and delivered to the LTCFs practitioners regarding the need to DATES: Written comments must be for patients’ use. Because LTCFs are not prescribe controlled substances in postmarked on or before January 2, registrants and generally do not have anticipation of a patient’s actual need 2004. physicians or pharmacists on staff, they for the controlled substance have, for may not order and maintain stocks of the most part, precluded using that ADDRESSES: Comments should be controlled substances to be dispensed approach. submitted to the Deputy Assistant under the order of a practitioner as Administrator, Office of Diversion occurs in hospitals. Instead, the LTCF Current DEA Regulations Control, Drug Enforcement holds the controlled substance Although most LTCFs are not Administration, Washington, DC 20537, medications that are dispensed by registered with DEA, DEA regulations Attention: Federal Register prescription to the specific patients by allow a LTCF to register, if licensed by Representative/CCR. a provider pharmacy in a custodial its State to handle controlled FOR FURTHER INFORMATION CONTACT: manner for administration to the substances. DEA issues a registration in Patricia M. Good, Chief, Liaison and patient. Any controlled substance one of the following categories based Policy Section, Office of Diversion medications that are not ultimately upon the type of license/permit issued
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62256 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
by a State and the authorized activities administration, relative to the storage, III. Use of Automated Dispensing associated with the license/permit: packaging, counting, labeling, and Systems • Retail pharmacy—A pharmacy dispensing of medications, and which Existing State Laws and Regulations located on-site at the LTCF maintains collects, controls, and maintains all stocks of controlled substances and a transaction information.’’ To implement this solution, States pharmacist dispenses patient-specific The key elements of an automated would need to grant approval (i.e., a controlled substances to residents of the dispensing system would be the license, permit, or other authorization) LTCF who have prescriptions for the following: for the provider pharmacy to function at substances. • State authorization for pharmacies the location of the LTCF using an ADS, • Hospital/clinic—The LTCF to locate stock in the automated and establish policies and procedures maintains institutional stocks of dispensing systems at the LTCF. regarding system security, access, and controlled substances for dispensing by • Establishment through State the like. States could define such an a pharmacist for administration to regulation of the necessary and operation so as to avoid the many residents under medication orders from appropriate policies and protocols with peripheral requirements of traditional a practitioner. respect to access to pharmacy stock by pharmacies such as sinks, reference • Mid-Level Practitioner—Controlled LTCF nursing personnel, ensuring books, etc. substance activities are limited to those secure storage of the controlled Other Options DEA Considered authorized by the individual State. substances, transfer of the controlled • Practitioner—An individual substances from the primary pharmacy As solicited by the April 25, 2001, practitioner, such as the Medical location to the LTCF site, and related request for information, one commenter Director of the LTCF, registers at the site issues. suggested that LTCFs should be able to of the LTCF and is responsible for the • Issuance of a DEA registration to the obtain a limited registration for handling of controlled substances provider pharmacy at the LTCF as a purposes of contracting with reverse utilized at the LTCF. separate location, based on its current distributors for waste disposal. DEA believes that, while this option has Request for Information DEA registration and without additional application fees. merit on the issue of disposal, it does On April 25, 2001, DEA published a DEA is proposing to allow the use of not address control of waste and it notice in the Federal Register (66 FR automated dispensing systems as an potentially imposes additional disposal 20833) soliciting comments and option, not a requirement. DEA costs on LTCFs. Further, LTCFs would suggestions on the problem of excess recognizes that there are reasons why need state authorization to handle controlled substances at LTCFs. Almost ADSs may not work in many controlled substances in the manner two dozen comments were received circumstances, but believes that some envisioned here before DEA could issue from a range of organizations and LTCFs will find ADSs a viable solution them a DEA registration. In addition, individuals, including State agencies, for preventing accumulation of excess LTCFs would be required to comply automated dispensing system (ADS) controlled substances. This technology with DEA recordkeeping and reporting manufacturers, trade associations, and has a number of advantages, including requirements. pharmaceutical providers. Information the following: Another suggestion was to address received in response to that notice is • It can substantially reduce directly the problem of excess discussed below. controlled substance waste, thereby medications being sent to facilities in II. Discussion of the Proposed Rule providing significant cost savings to the first place. Specifically, the purchasers of controlled substances. It commenter suggested that practitioners’ DEA’s Proposal also can significantly reduce the time routine medication orders not be sent to To further address the issue of excess and other costs associated with the LTCF unless actually necessitated controlled substances in LTCFs, DEA is maintaining patient medication stocks by the patient. A related suggestion was proposing to allow a provider pharmacy and disposal of excess stocks for LTCFs. to change reimbursement standards that to register at the site of the LTCF and • With single-dose dispensing, secure are, at least in part, responsible for the store controlled substances in an ADS. storage, and controlled access, it can current situation. Unfortunately, these An ADS is conceptually similar to a help to control drug inventory and are not issues that DEA is empowered vending machine. A pharmacy stores increase accountability. to address. bulk drugs in the ADS in separate bins • With an increasing amount of Yet another suggestion was to or containers and programs and controls controlled substances in use as the authorize limited permit pharmacies at the ADS remotely. Only authorized staff LTCF population grows, it can help LTCFs 2–3 days per week. It is unclear at the LTCF would have access to its control the opportunities for drug to DEA how this option of a ‘‘part-time’’ contents, which are dispensed on a diversion. pharmacy resolves the current single-dose basis at the time of • It recognizes advancements made in problems. administration pursuant to a technology and provides the option of Finally, there were various prescription. The ADS electronically using the most current technology in a suggestions about a pharmacy records each dispensing, thus broader array of circumstances. maintaining controlled substances as maintaining dispensing records for the • With the current pharmacist floor stock at LTCFs as an alternative to pharmacy. Because the drugs would not shortage, it relieves dispensing an ADS. DEA notes that this option be considered dispensed until the pharmacists of a number of manual would still require someone to be system provided them, drugs in the ADS steps involved in drug handling. registered at the LTCF (either the would be pharmacy stock, not waste. • For consulting pharmacists in their pharmacy or the LTCF itself). The Specifically, DEA is proposing the responsibilities for drug regimen review, significant concern with this option is definition of ‘‘automated dispensing it provides enhanced tools with a full the need to maintain accountability and system’’ as follows: ‘‘a mechanical range of accurate data available online security for the controlled substances, system that performs operations or because the data are captured which DEA believes is much easier to activities, other than compounding or automatically. do with an ADS.
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62257
DEA is not opposed to making other registrant. However, to successfully proposed rule provides the option of options available to LTCFs and implement the approach being proposed using an automated dispensing system pharmacies, as long as they address the here requires several regulatory to dispense controlled substances to problems discussed in this proposal, revisions: patients at long term care facilities. maintain strict levels of security and • Section 1300.01 would be modified Facilities which currently use accountability, and comply with Federal to include a definition of automated automated dispensing systems for the and State regulatory requirements. dispensing system. dispensing of noncontrolled substances • Section 1301.17 would be modified and, where permitted by DEA Other Comments on the April 25, 2001 to incorporate an additional ‘‘special registration, for controlled substances Notice procedure’’ for the type of registrations report in industry literature that, while A number of commenters, including that are the subject of this notice. there are costs associated with the lease current ADS users, supported the option Specifically, retail pharmacies applying or purchase of an automated dispensing of using ADSs for controlled substances for a separate registration to operate an system, automated dispensing systems at LTCFs, believing they can reduce ADS at a LTCF will need to provide as have the following benefits: waste and disposal problems, eliminate part of their registration application an • Significantly reduce drug waste. opportunities for medication errors, affidavit attesting to the existence of a Various studies over the past ten years improve patient care, and/or reduce State license, permit, or other have indicated that between 4 and 10 diversion of controlled substances. authorization for activities at the LTCF. percent of medications at long term care A number of commenters also • Section 1301.27 would be added to facilities are wasted. Additional reports suggested this was not a good idea, indicate that only retail pharmacies may indicate that the use of an automated citing primarily one or more of the operate automated dispensing systems dispensing system reduces this waste by following reasons: at long term care facilities. The section 90 percent. • • ADSs are expensive to finance and would further indicate that a retail Significant cost savings for payors. maintain. pharmacy must maintain a separate As noted previously, automated • State laws and regulations will need registration at each long term care dispensing systems have the potential to to be changed. facility location at which automated reduce the cost of medications • Registration at each location would dispensing systems are installed and dispensed because medications are be burdensome and expensive. operated, and that if more than one dispensed in a ‘‘just in time’’ manner for • The logistics associated with use retail pharmacy operates an automated administration rather than dispensing a and maintenance of the systems are dispensing system at a long term care larger quantity of medication less complicated. frequently, which can create waste. • facility, each retail pharmacy must • There are substantial security maintain its own separate registration at Reduce nursing and pharmacy labor concerns. Commenters provided that facility. Finally, this section costs. Nurses and pharmacy personnel examples of where security issues (e.g., indicates that retail pharmacies no longer must prepare medications for diversion, misdispensing) have arisen. dispensing to individual patients. Time • applying for separate registrations to ADSs do not represent a total install and operate automated is also saved by nursing staff due to the solution to waste/disposal problems. dispensing systems at long term care fact that medication administration Several of these concerns are facilities would be exempt from records are now maintained addressed elsewhere in this preamble. application fees for those separate electronically. Often, this time is then To the extent DEA does not specifically redirected to providing patient care. registrations. • address some of these issues, DEA • Section 1304.04 would be revised to Reduce the potential for medication would reiterate that it recognizes this permit a registered retail pharmacy with dispensing and administration errors. option will not work in all situations. one or more associated registrations at Automated dispensing systems provide However, DEA believes that ADS LTCFs to keep all records for those greater accuracy in the dispensing and systems should be an option to be used LTCF locations at the retail pharmacy administration of medications. Because the proposed rule does not where it does make sense and is site or other approved central location. otherwise permissible. • Since the provider pharmacy would require the use of automated dispensing likely be ordering controlled substances systems, DEA believes that only Medication Delivery Systems Currently pharmacies and LTCFs which find use Used by LTCFs for multiple LTCFs that it services, § 1307.11(b) which limits total of these systems cost-effective will DEA is not suggesting that unit-dose distribution by a practitioner to 5 adopt this approach. delivery systems or other medication percent of all controlled substances Executive Order 12866 delivery systems that most LTCFs use be dispensed in the course of a year would replaced. DEA recognizes that the cost The Deputy Assistant Administrator, be amended to provide an exemption for of an automated dispensing system as Office of Diversion Control, further this activity. well as other requirements associated certifies that this rulemaking has been with its use at a LTCF may not be Regulatory Certifications drafted in accordance with the warranted in many cases. Therefore, the principles in Executive Order 12866 Regulatory Flexibility Act use of an automated dispensing system Section 1(b). It has been determined that for storage and dispensing of controlled The Deputy Assistant Administrator, this is not a significant regulatory action substances to residents of LTCFs would Office of Diversion Control, hereby because it does not impose costs above be an option available to the provider certifies that this rulemaking has been $100 million a year or raise novel pharmacy. drafted in accordance with the issues. Therefore, this action has not Regulatory Flexibility Act (5 U.S.C. been reviewed by the Office of Specific Proposed Regulatory Changes 605(b)), has reviewed this regulation, Management and Budget. Rather, this Current Federal law does not prohibit and by approving it certifies that this NPRM proposes to permit the the use of ADSs for storage and regulation will not have a significant installation of automated dispensing dispensing of controlled substances at economic impact on a substantial systems at long term care facilities by LTCFs where the LTCF itself is a DEA number of small business entities. This provider pharmacies, so long as state
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62258 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
regulations permit such installation. Unfunded Mandates Reform Act of 1995 medications, and which collects, The use of automated dispensing This rule will not result in the controls, and maintains all transaction systems by long term care facilities expenditure by State, local, and tribal information. provides another alternative to address governments, in the aggregate, or by the PART 1301—REGISTRATION OF the problem of accumulation of surplus private sector, of $113,000,000 or more controlled substances at long term care MANUFACTURERS, DISTRIBUTORS, (adjusted for inflation) in any one year, AND DISPENSERS OF CONTROLLED facilities. DEA believes that persons and will not significantly or uniquely choosing to utilize this method of SUBSTANCES [AMENDED] affect small governments. Therefore, no dispensing controlled substances to actions were deemed necessary under 3. The authority citation for part 1301 patients at long term care facilities may the provisions of the Unfunded continues to read as follows: realize cost savings. More importantly to Mandates Reform Act of 1995. DEA, the use of such systems should Authority: 21 U.S.C. 821, 822, 823, 824, reduce the accumulation of excess Small Business Regulatory Enforcement 871(b), 875, 877, 956. controlled substances at these facilities, Fairness Act 4. § 1301.17 is proposed to be revised thereby reducing the potential for This rule is not a major rule as by redesignating paragraph (c) as diversion of these controlled substances. defined by Section 804 of the Small paragraph (d) and adding new paragraph (c) to read as follows: Paperwork Reduction Act Business Regulatory Enforcement This rule proposes that a retail Fairness Act of 1996. This rule will not § 1301.17 Special procedures for certain pharmacy currently registered with DEA result in an annual effect on the applications. would be required to apply for separate economy of $100,000,000 or more; a * * * * * registration at the location of the long major increase in costs or prices; or (c) If at the time of application for a term care facility at which it intends to significant adverse effects on separate registration at a long term care install and operate an automated competition, employment, investment, facility, the retail pharmacy has been dispensing system. Application for productivity, innovation, or on the issued a license, permit, or other form registration is made using currently ability of United States-based of authorization from the appropriate existing DEA registration forms (DEA companies to compete with foreign- State agency to install and operate an Form 224 for registration and 224A for based companies in domestic and automated dispensing system for the registration renewal). DEA estimates export markets. dispensing of controlled substances at that approximately 100 persons per year List of Subjects the long term care facility, the applicant will apply for registration to operate must include with his/her application automated dispensing systems at long 21 CFR Part 1300 for registration (DEA Form 224) an term care facilities. Therefore, DEA is Definitions, Drug traffic control. affidavit as to the existence of the State revising its OMB-approved information authorization. Exact language for this 21 CFR Part 1301 collection (OMB 1117–0014) to reflect affidavit may be found at the DEA this increased burden due to this Administrative practice and Diversion Control Program web site. The program change. procedure, Drug traffic control, Security affidavit must include the following Further, within this rulemaking DEA measures. information: is proposing that at the time of (1) The name and title of the corporate 21 CFR Part 1304 application for this separate registration officer or official signing the affidavit; at the long term care facility by the retail Drug traffic control, Prescription (2) The name of the corporation, pharmacy, the applicant must include drugs. partnership or sole proprietorship operating the retail pharmacy; with their application for registration 21 CFR Part 1307 (DEA Form 224) an affidavit as to the (3) The name and complete address existence of State authorization to Drug traffic control. (including city, state, and Zip code) of operate the automated dispensing For the reasons set out above, 21 CFR the retail pharmacy; system at the long term care facility. parts 1300, 1301, 1304, and 1307 are (4) The name and complete address DEA has provided a format for the proposed to be amended as follows: (including city, state, and Zip code) of affidavit as part of its proposed the long term care facility for which regulations. This affidavit is exempt PART 1300—DEFINITIONS [AMENDED] DEA registration is sought; (5) Certification that the named retail from the requirements of the Paperwork 1. The authority citation for Part 1300 Reduction Act (5 CFR 1320.3(h)(1)). pharmacy has been authorized by the continues to read as follows: state Board of Pharmacy or licensing Executive Order 12988 Authority: 21 U.S.C. 802, 871(b), 951, agency to install and operate an This proposed rule meets the 958(f). automated dispensing system for the applicable standards set forth in 2. Section 1300.01 is proposed to be dispensing of controlled substances at Sections 3(a) and 3(b)(2) of Executive amended by adding a new paragraph the named long term care facility Order 12988. (b)(45) to read as follows: (including the license or permit number, if applicable); Executive Order 13132 § 1300.01 Definitions relating to controlled (6) The date on which the This rule does not preempt or modify substances. authorization was issued; any provision of State law; nor does it * * * * * (7) Statements attesting to the impose enforcement responsibilities on (b) * * * following: any State; nor does it diminish the (45) The term automated dispensing (i) The affidavit is submitted to obtain power of any State to enforce its own system means a mechanical system that a Drug Enforcement Administration laws. Accordingly, this rulemaking does performs operations or activities, other registration number; not have federalism implications than compounding or administration, (ii) If any information is false, the warranting the application of Executive relative to the storage, packaging, Administration may immediately Order 13132. counting, labeling, and dispensing of suspend the registration for this activity
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62259
and commence proceedings to revoke inventory and other record required to Dated: October 24, 2003. under 21 U.S.C. 824(a) because of the be kept under this part shall be kept by Laura M. Nagel, danger to public health and safety; the registrant and be available, for at Deputy Assistant Administrator, Office of (iii) Any false information contained least 2 years from the date of such Diversion Control. in this affidavit may subject the person inventory or records, for inspection and [FR Doc. 03–27511 Filed 10–31–03; 8:45 am] signing this affidavit and the above- copying by authorized employees of the BILLING CODE 4410–09–P named corporation/partnership/ Administration. business to prosecution under 21 U.S.C. (1) Financial and shipping records 843, the penalties for conviction of (such as invoices and packing slips but DEPARTMENT OF THE TREASURY which include imprisonment for up to not executed order forms subject to 4 years, a fine of not more than $30,000 § 1305.13 of this chapter) may be kept Alcohol and Tobacco Tax and Trade or both; at a central location, rather than at the Bureau (8) Signature of the person authorized registered location, if the registrant has to sign the Application for Registration notified the Administration of his 27 CFR Part 9 for the named retail pharmacy; intention to keep central records. (9) Notarization of the affidavit. Written notification must be submitted [Notice No. 21] * * * * * by registered or certified mail, return RIN 1513–AA58 5. § 1301.27 is proposed to be added receipt requested, in triplicate, to the to read as follows: Special Agent in Charge of the Proposed Ribbon Ridge Viticultural Administration in the area in which the Area (2002R–215P) § 1301.27 Separate registration by retail registrant is located. Unless the pharmacies for installation and operation of AGENCY: Alcohol and Tobacco Tax and registrant is informed by the Special Trade Bureau, Treasury. automated dispensing systems at long term Agent in Charge that permission to keep care facilities. ACTION: central records is denied, the registrant Notice of proposed rulemaking. (a) A retail pharmacy may install and may maintain central records SUMMARY: The Alcohol and Tobacco Tax operate automated dispensing systems, commencing 14 days after receipt of his as defined in § 1300.01 of this chapter, and Trade Bureau has received a notification by the Special Agent in petition proposing the establishment of at long term care facilities, pursuant to Charge. All notifications must include the requirements of § 1301.17 of this the ‘‘Ribbon Ridge’’ viticultural area in the following: northern Yamhill County, Oregon, part. No person other than a retail (i) The nature of the records to be kept pharmacy may install and operate an between Newberg and Gaston. This centrally. proposed viticultural area, which automated dispensing system at a long (ii) The exact location where the term care facility. measures approximately 1.75 miles in records will be kept. width and 3.5 miles in length, lies (b) Retail pharmacies installing and (iii) The name, address, DEA approximately 22 miles southwest of operating automated dispensing systems registration number and type of DEA Portland, Oregon, and 40 miles inland at long term care facilities must registration of the registrant whose from the Pacific Ocean. As of 2002, at maintain a separate registration at the records are being maintained centrally. location of each long term care facility (iv) Whether central records will be least 14 vineyards, totaling over 286 at which automated dispensing systems maintained in a manual or computer acres currently planted, plus 3 are located. If more than one retail readable form. commercial wineries exist within the pharmacy operates automated (2) A registered retail pharmacy that proposed boundaries of the Ribbon dispensing systems at the same long possesses additional registrations for Ridge viticultural area. We believe the term care facility, each retail pharmacy automated dispensing systems at long use of viticultural area names as must maintain a registration at the long term care facilities may keep all records appellations of origin in wine labeling term care facility. required by this part for those additional and advertising helps consumers (c) A registered retail pharmacy registered sites at the retail pharmacy or identify wines. It also allows wineries to applying for a separate registration to other approved central location. better designate the specific grape- growing area in which their wine grapes operate an automated dispensing system * * * * * for the dispensing of controlled were grown. We invite comments on substances at a long term care facility is PART 1307—MISCELLANEOUS this proposal. exempt from application fees for any [AMENDED] DATES: We must receive written comments on or before January 2, 2004. such additional registrations. 8. The authority citation for Part 1307 ADDRESSES: You may send comments to continues to read as follows: PART 1304—RECORDS AND any of the following addresses— REPORTS OF REGISTRANTS Authority: 21 U.S.C. 821, 822(d), 871(b). • Chief, Regulations and Procedures [AMENDED] 9. § 1307.11 is proposed to be Division, Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 50221, 6. The authority citation for part 1304 amended by adding a new paragraph (c) Washington, DC 20091–0221 (Attn: continues to read as follows: to read as follows: Notice No. 21); Authority: 21 U.S.C. 821, 827, 871(b), § 1307.11 Distribution by dispenser to • 202–927–8525 (facsimile); 958(e), 965. another practitioner or reverse distributor. • [email protected] (e-mail); or • 7. § 1304.04 is proposed to be * * * * * http://www.ttb.gov (An online amended by revising paragraph (a) to (c) The distributions that a registered comment form is posted with this notice read as follows: retail pharmacy makes to automated on our Web site). dispensing systems at long term care You may view copies of the proposed § 1304.04 Maintenance of records and facilities for which the pharmacy also regulations and any comments received inventories. holds registrations do not count toward on this notice online at http:// (a) Except as provided in paragraphs the 5 percent limit in paragraphs (a)(4) www.ttb.gov/alcohol/rules/index.htm (a)(1) and (a)(2) of this section, every and (b) of this section. and by appointment at our reference
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62260 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
library, 1310 G Street, NW., Requirements To Establish a Peterson-Nedry and Doug Tunnell Washington, DC 20005. Viticultural Area authored the petition. This proposed See the Public Participation section of Section 4.25(e)(2) outlines the viticultural area, located in the northern this notice for specific instructions and procedure for proposing an American part of Yamhill County, Oregon, requirements, and for information on viticultural area. Any interested person between Newberg and Gaston, how to request a public hearing. may petition TTB to establish a grape- approximately 22 miles southwest of growing region as a viticultural area. Portland, Oregon, and 40 miles inland FOR FURTHER INFORMATION CONTACT: The petition must include: from the Pacific Ocean. Measuring Nancy Sutton, Specialist, Regulations (a) Evidence that the name of the approximately 1.75 miles in width and and Procedures Division (Corvallis, proposed viticultural area is locally or 3.5 miles in length, the proposed area Oregon), Alcohol and Tobacco Tax and nationally known as referring to the area includes a total of 3,350 acres (5.25 Trade Bureau, 946 NW Circle Blvd. # specified in the petition; square miles), of which 1,000 to 1,400 286, Corvallis, Oregon 97330; telephone (b) Historical or current evidence that acres are suited to premium wine grape 415–271–1254. the boundaries of the viticultural area planting. As of 2002, at least 14 vineyards, totaling over 286 acres SUPPLEMENTARY INFORMATION: are as specified in the petition; (c) Evidence that the proposed area’s currently planted, plus 3 commercial Background growing conditions, such as climate, wineries exist within the proposed soil, elevation, physical features, etc. boundaries of the Ribbon Ridge Authority To Establish Viticultural viticultural area. Four additional Areas distinguish it from surrounding areas; (d) A description of the specific vineyards and three additional wineries boundaries of the proposed viticultural are currently in the planning stage and The Federal Alcohol Administration should be developed within the next 3 Act (FAA Act) at 27 U.S.C. 205(e) area, based on features found on United States Geological Survey (USGS) maps years. If established, they would fall requires that alcohol beverage labels within the proposed viticultural area. provide the consumer with adequate of the largest applicable scale; and (e) A copy (or copies) of the The proposed Ribbon Ridge information regarding a product’s viticultural area consists of a 3.5- by identity, while prohibiting the use of appropriate USGS map(s) with the boundaries prominently marked. 1.75-mile distinct ridge that is separate misleading information on such labels. from the higher surrounding landmass. The FAA Act also authorizes the Impact on Current Wine Labels It has significant, marked drainage on Secretary of the Treasury to issue As appellations of origin, viticultural all sides and is a single, evident regulations to carry out the FAA Act’s area names have geographic landmass of uniform shape and provisions, and the Secretary has significance. Our 27 CFR part 4 label composition that differs from the delegated this authority to the Alcohol regulations prohibit the use of a brand hillside sites in the vicinity. The and Tobacco Tax and Trade Bureau name with geographic significance on a petitioners decided to use physical (TTB). wine unless the wine meets the features, soil, and to a lesser extent, Regulations in 27 CFR part 4, Labeling appellation of origin requirements for elevation and climate, as the primary and Advertising of Wine, allow the the named area. Our regulations also factors in defining the boundaries of the establishment of definitive viticultural prohibit any other label references that proposed area. areas. The regulations allow the name of suggest an origin other than the true Evidence That the Name of the Area Is an approved viticultural area to be used place of origin of the wine. Locally or Nationally Known as an appellation of origin on wine If we establish this proposed The petitioners state the geological labels and in wine advertisements. A viticultural area, bottlers who use brand formation on which the proposed list of approved viticultural areas is names, including trademarks, like viticultural area is located has been contained in 27 CFR part 9, American Ribbon Ridge must ensure that their continuously referred to as Ribbon Viticultural Areas. existing products are eligible to use the Ridge since before 1888. Ribbon Ridge viticultural area’s name as an was given its name by Colby Carter, an Definition of an American Viticultural appellation of origin. For a wine to be Area early settler who came from Missouri in eligible, at least 85 percent of the grapes 1865. Since that time, the formation has Title 27 CFR, section 4.25(e)(1), in the wine must have been grown been consistently referred to as Ribbon defines an American viticultural area as within the viticultural area, and the Ridge and is so identified on USGS and a delimited grape-growing region wine must meet the other requirements other maps. The first official use of the distinguishable by geographic features, of 27 CFR 4.25(e)(3). name ‘‘Ribbon Ridge’’ in conjunction the boundaries of which have been If the wine is not eligible for the with this area dates to 1888 with the delineated in subpart C of part 9. These appellation, the bottler must change the creation of the Ribbon Ridge School designations allow consumers and brand name or other label reference and District #68 by Yamhill County Schools. vintners to attribute a given quality, obtain approval of a new label. Different The school began operations in 1889 reputation, or other characteristic of the rules apply to a wine in this category and was in use through at least 1953. wine made from grapes grown in a bearing a brand name that was used on A reference to Ribbon Ridge appeared viticultural area to its geographic origin. a label approved prior to July 7, 1986. in the ‘‘Oregon Historical Quarterly,’’ We believe that the establishment of See 27 CFR 4.39(i) for details. Vol. XLIV, page 307, March–December viticultural areas allows wineries to Ribbon Ridge Petition 1943: ‘‘Ribbon Ridge is a spur in the describe more accurately the origin of southwest part of the Chehalem their wines to consumers and helps General Information Mountains, about east of Yamhill. The consumers identify the wines they We have received a petition from Alex top of the ridge twists like a ribbon, purchase. Establishment of a viticultural Sokol-Blosser, secretary of the North hence the name.’’ The petitioners area is neither an approval nor Willamette Valley AVA Group, provided evidence that Ribbon Ridge is endorsement by TTB of the wine proposing a new viticultural area to be an official location name in Oregon and produced there. called the ‘‘Ribbon Ridge.’’ Harry the United States. It is registered in the
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62261
Department of Interior and U.S. Vineyard activity began on Ribbon being marine sedimentary and fine- Geological Survey’s Geonames database. Ridge in 1980 with the planting of textured (mainly Willakenzie series) at The term ‘‘Ribbon Ridge’’ figures Ridgecrest Vineyards. The first plantable elevations, without significant prominently on the USGS Dundee commercial vineyard was established in alterations from slides and erosion. Quadrangle map submitted with this 1982 with the planting of 54 acres of Specifically, Ribbon Ridge is a distinct, petition. Pinot Noir and Chardonnay. Yamhill natural, geological formation of Historical or Current Evidence That Valley Vineyards first used grapes from eastward-tilted marine sedimentary Supports the Proposed Boundaries these vineyards in wine production in strata dated to the upper Eocene. The 1985. It is estimated that between 1,000 Keasey Formation, exposed on the The petitioners assert that the and 1,400 acres in the proposed Ribbon western side of the Ridge, is laminated proposed viticultural area is an evident Ridge viticultural area are suited to to massive, pale gray, tuffaceous landmass of uniform shape and premium wine grape planting. Fourteen mudstone, to fine tuffaceous sandstone. composition that differs from the vineyards and three wineries are The overlying Pittsburgh Bluffs hillside sites in the vicinity, which are currently located on Ribbon Ridge, with Formation, exposed in the central and appropriate for wine grapes in 286 acres currently planted. Four eastern side of the Ridge, is a massive historical, climatic, and geological ways. additional vineyards and three to thick-bedded gray to tan, weathering, Ribbon Ridge has been known as a additional wineries are currently in the feldpathic litharenite with tuffaceous distinct farming district, with its own planning stage and should be developed mudstone and sandstone. The name and its own mix of crops, ranging within the next 3 years. Vineyards or petitioners assert that within the region from walnuts, prunes, hazelnuts, hay, winery operations now own in excess of Ribbon Ridge is unusual in the presence Christmas trees, timber lots, and cattle 700 total acres on Ribbon Ridge. of only these two geological strata and for more than a century. Many of these the intact nature of these formations. require the warmth and protection of Evidence of Distinctive Geographical Further, they contend that, because the hillside site for economic Features the ridge is ancient and stable, the soils distinction. Farmers from Ribbon Ridge The petitioners state that the from these fine sedimentary parent are reported to have willingly proposed Ribbon Ridge viticultural materials are well weathered and differentiated themselves from adjoining area’s boundaries are based primarily on consequently are, on average, deeper in areas such as Chehalem Valley, Kings a combination of topographic, elevation, profile and more finely structured than Grade, and Rex Hills, even to the extent and climatic factors that contrast with soils in surrounding areas. of establishing a separate school, when the surrounding Willamette Valley, As a consequence of its geological others existed in immediately adjacent Coast Range, and Columbia Gorge. history, the soils of Ribbon Ridge are areas. distinct from those of adjacent Physical Features Further, the petitioners offer evidence vineyards in several significant ways. that, geographically, the proposed area The petitioners assert that Ribbon Unlike the Chehalem Mountains to the is differentiated and separated from Ridge, from the air, appears as an island north and east, the soils of ribbon Ridge adjoining farming regions by the that has broken off from the higher are entirely derived from marine regularity and unaltered nature of the landmasses that surround it and floats sedimentary parent materials. They are island-like ridge, its position as a mass freely above the Chehalem Valley floor. distinctly different from the alluvial broken free from other uplifts or larger It extends southward from the sedimentary soils that constitute, in part hillsides, and the clean division its Chehalem Mountains and rises above or entirely, areas to the east of Ribbon drainage system makes around the full the floor of the Valley. Ribbon Ridge Ridge or to the south in the Chehalem perimeter of the landmass. Specifically, Road runs north to south along its spine. Valley flood plain. They are different the Chehalem Creek Valley is deep, Ribbon Ridge is defined on the east and from the adjacent volcanic soils in the wide, and severely sloped on Ribbon west by the watersheds that fall away proposed Chehalem Mountains and Red Ridge’s western flank. Where the Creek from the road in both directions. It is Hills of Dundee American viticultural exits the hills, the Chehalem Valley is separated from the Chehalem Mountains areas. The petitioners also offered wide and flat at the 200-foot level to the by Ayres Creek on the north and a creek evidence that the soils of Ribbon Ridge south of Ribbon Ridge. Dopp and Ayres known locally as Dopp Creek, which are related but distinctly different from Creeks originate on the flank of the runs parallel to Dopp Road on the east the marine sedimentary hillsides Chehalem Mountains underneath Bald and flows south to form the eastern (mainly Willakenzie and Peavine Series) Peak, flowing westward to accumulate boundary. On the western side of to the west of Chehalem Creek Gorge in Ribbon Ridge’s drainage, and then Ribbon Ridge, the Chehalem Creek the proposed Yamhill-Carlton area in diverging to the south and north, Valley dramatically separates the that they are younger, finer, and more achieving the complete segregation of proposed area from the Coast Range uniform due to finer parent materials of the ridge on the northwest side at an hillsides that are associated with the sandstone, siltstone, and mudstone. elevation of approximately 400 feet. Yamhill-Carlton District. There is a Elevation Roads have historically been built at gorge-like drop of 300 feet or more into the low spots around the ridge, and the narrow quarter-mile ravine that The petitioners state the proposed Dopp, Albertson, and North Valley widens at the foot of Ribbon Ridge into Ribbon Ridge viticultural area extends Roads encircle Ribbon Ridge the broad, flat Chehalem Valley dividing southward from the Chehalem completely. Ribbon Ridge Road dissects the Chehalem Mountains from the Red Mountains and rises above the floor of the landmass, running the spine of the Hills of Dundee area. This feature, more the Chehalem Valley from Ridge lengthwise, north to south. The than any other, shows the separate approximately 200 feet to an elevation petitioners state Ribbon Ridge is clearly nature of Ribbon Ridge’s formation as an of 683 feet. The proposed area is defined defined by both elevation and Yamhill uplifted landmass of unique origin. as 240 feet in elevation or higher and is County roads. The proposed viticultural enclosed by a 9.85-mile county road area is defined as the area at 240 feet in Soil loop. The area contains south-sloped elevation or above, enclosed by the 10- The petitioners state that the soils of plantings at elevations high enough to mile county road loop. Ribbon Ridge are relatively uniform, all avoid valley soils (over 240 feet) but
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62262 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
beneath the cooling effects of higher (Whistling Ridge). The analysis comments with specific information. elevation (maximum height of area is indicates a tendency towards slightly Examples include name evidence and 683 feet). The area between these two warmer and drier conditions on grape- data about growing conditions or area elevation lines receives maximum heat growing hillsides of the northern valley, boundaries. All comments must include accumulation, as well as good air and such as the proposed Ribbon Ridge your name and mailing address, water drainage. viticultural area. These apparent reference this notice number, and be Degree-day accumulations in the differences are even more significant legible and written in language proposed area average 2,455, as during the grape-growing season (April– generally acceptable for public compared to 2,541 at McMinnville October), when the nature of hillside disclosure. (southwest of Ribbon Ridge) and 2,650 warming is especially important in Although we do not acknowledge at Portland (northeast of Ribbon Ridge). achieving ripening similar to that of receipt, we will consider your The data on Ribbon Ridge is typical of warm valley sites without the risk of comments if we receive them on or hillside sites with earlier starts to frost or the problems of excess soil before the closing date. We will warming, less nighttime temperature moisture. Specifically, hillside data consider comments received after the drops, and clipped heat spikes in showed higher minimum (2–3 °F) and closing date if we can. We regard all midsummer that provide a consistent maximum (2–7 °F) daily temperatures comments as originals. climate for adequate ripening. during early and late growing seasons Confidentiality According to the petitioners, these than those of exposed valley floor sites. features allow longer, cooler growing This moderation permits early growth in We do not recognize any submitted seasons, which are ideal for delicate the spring, consistent and even ripening material as confidential. All comments varietals like Pinot Noir, Chardonnay, with retention of acids over the summer, are part of the public record and subject and Pinot Gris. and a long, full ripening in the fall. to disclosure. Do not enclose in your To the best of their knowledge, the The petitioners supplied data comments any material you consider petitioners state that all of the existing suggesting precipitation on protected confidential or inappropriate for vineyards in the proposed viticultural hillsides in the Ribbon Ridge area is up disclosure. area are located between 240 to 680 feet. to 10 inches less, approximately 25 Submitting Comments Further, they believe the 240-foot percent, than it is on unprotected valley contour line minimum height boundary sites. Growing season precipitation is You may submit comments in any of will exclude alluvial soils, which are four ways. reduced even farther, with 7.7 inches • not best suited for viticulture. accumulated April–October on average, By mail: You may send written comments to TTB at the address listed Climate or approximately 35 percent reduction from the Coast Range or valley floor in the ADDRESSES section. The petitioners state that Ribbon • By facsimile: You may submit Ridge’s island-like characteristics and sites. For example, the annual rainfall at Whistling Ridge in the proposed Ribbon comments by facsimile transmission to the proximity of surrounding 202–927–8525. Faxed comments must— landmasses tend to shield and uniquely Ridge viticultural area averages 29 inches as compared to 36 inches for the protect the proposed area from many of (1) Be on 8.5 by 11-inch paper; the extremes that affect the other Portland International Airport, (located east of the proposed area), 39 inches for (2) Contain a legible, written agricultural microclimates in the signature; and northern Willamette Valley. Air and Salem (south of Ribbon Ridge), while the Coast Range, located west of the (3) Be five or less pages long. This water drainage exist on all sides. Low limitation assures electronic access to clouds tend to accumulate on the Ribbon Ridge, has an average range of 80 inches to more than 100 inches per our equipment. We will not accept surrounding hilltops; fog tends to settle faxed comments that exceed five pages. on the valley floor in early and late parts year. Further, the petitioners state that • Ribbon Ridge’s annual rainfall is less By e-mail: You may e-mail of the growing season. The Coast Range comments to [email protected]. Comments and Yamhill mountains to the west than other wine growing regions in the immediate vicinity, such as Yamhill- transmitted by electronic-mail must— encourage weather systems to drop (1) Contain your e-mail address; Carlton District’s 42 inches, Chehalem moisture before reaching Ribbon Ridge (2) Reference this notice number on Mountains’ 37–60 inches, and Dundee and to moderate wind extremes from the subject line; and Pacific storms. The Chehalem Hills’ 30–45 inches. (3) Be legible when printed on 8.5 by Mountains, Bald Peak, and Portland hill Proposed Boundaries 11-inch paper. systems to the north tend to protect this • By online form: We provide a The USGS maps required for area from the Columbia Gorge and comment form with the online copy of determining the boundary of the eastern Oregon weather systems that this proposed rule. See the TTB Internet proposed Ribbon Ridge viticultural area deliver cold in the winter and heat or Web site at http://www.ttb.gov/alcohol/ are: winds in the summer. The Dundee Hills rules/index.htm and select ‘‘Send (1) Laurelwood Quadrangle, Oregon, to the south shield Ribbon Ridge from comments via e-mail’’ under this notice 7.5 Minutes Series, 1956, revised 1978; extreme winds that funnel coastal number. and weather systems through the Van Duzer You may also write to the (2) Dundee Quadrangle, Oregon, 7.5 corridor, whether hot, cold, or wet in Administrator before the comment Minute Series, 1956, revised 1993. the summer or winter. closing date to ask for a public hearing. A complete description of the The petitioners provided an analysis The Administrator reserves the right to proposed area’s boundaries is found in of compiled daily weather data determine, in light of all circumstances, the proposed rule text below. comparing exposed valley floor weather whether a public hearing will be held. stations such as Salem (south of Ribbon Public Participation Ridge), McMinnville (southwest of Disclosure Ribbon Ridge), and Portland Airport Comments Sought You may view copies of the petition, (east of Ribbon Ridge) to hillside We request comments from anyone the proposed regulations, the vineyard stations on Ribbon Ridge interested. Please support your appropriate maps, and any comments by
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62263
appointment in our library at 1310 G PART 9—AMERICAN VITICULTURAL (7) Proceed west on North Valley Street, NW., Washington, DC 20005. AREAS Road 1.0 miles to its intersection with You may also obtain copies at 20 cents Ribbon Ridge Road. (Elevation ranges per page. Telephone our librarian at 1. The authority citation for part 9 from 180 to 260 feet over this distance.); 202–927–8210 if you want to schedule continues to read as follows: and an appointment or to request copies of Authority: 27 U.S.C. 205. (8) Proceed generally north on North comments. 2. Subpart C is amended by adding Valley Road 3.2 miles to the northern For your convenience, we will post Section 9.ll to read as follows: edge of the Dundee Quadrangle to comments received in response to this where the 240-foot contour line notice on the TTB Web site. We may Subpart C—Approved American intersects with North Valley Road (the omit voluminous attachments or Viticultural Areas point of beginning), section 58, R3W, T2S. (Approximate elevation ranges material that we consider unsuitable for * * * * * posting. In all cases, the full comment from 180 to 220 feet over this distance.). will be available in our reference § 9.ll Ribbon Ridge. Signed: October 1, 2003. library. To view the online copies of the (a) Name. The name of the viticultural Arthur J. Libertucci, comments on this rulemaking, visit area described in this section is ‘‘Ribbon Administrator. http://www.ttb.gov/alcohol/rules/ Ridge’’. [FR Doc. 03–27586 Filed 10–31–03; 8:45 am] (b) Approved Maps. The appropriate index.htm and select the ‘‘View BILLING CODE 4810–31–P comments’’ link under this notice maps for determining the boundary of number. the Ribbon Ridge viticultural area are two 1:24,000 scale, United States Regulatory Analyses and Notices Geological Survey, topographic maps. ENVIRONMENTAL PROTECTION AGENCY Paperwork Reduction Act They are: (1) Laurelwood Quadrangle, Oregon, 40 CFR Part 52 We propose no requirement to collect 7.5 Minutes Series, 1956, photorevised information. Therefore, the provisions 1978; and [KY145–200339(b); FRL–7582–5] of the Paperwork Reduction Act of 1995, (2) Dundee Quadrangle, Oregon, 7.5 44 U.S.C. 3507, and its implementing Minute Series, 1956 (revised 1993). Approval and Promulgation of regulations, 5 CFR part 1320, do not (c) Boundaries. Ribbon Ridge Implementation Plans for Kentucky; apply. viticultural area, located in northern Permit Provisions for Jefferson Yamhill County, Oregon, between County, KY Regulatory Flexibility Act Newberg and Gaston, consists of the AGENCY: land at 240 feet in elevation or above Environmental Protection We certify that this proposed within this 9.85-mile circumferential Agency (EPA). regulation, if adopted, will not have a county road loop: ACTION: Proposed rule. significant economic impact on a (1) The point of beginning is on the SUMMARY: EPA is proposing to approve substantial number of small entities. Laurelwood Quadrangle map, in a revision to the Jefferson County, This proposed regulation imposes no Yamhill County, section 58, R3W, T2S, new reporting, recordkeeping, or other where the 240-foot contour line Kentucky portion of the Kentucky State administrative requirements. Any intersects with North Valley Road at the Implementation Plan (SIP) which benefit derived from the use of a southern edge of the map; amends four regulations of the Metro viticultural area name would be the (2) Proceed north 0.6 miles along the Louisville Air Pollution Control District result of a proprietor’s efforts and North Valley Road until it intersects (MLAPCD). The four MLAPCD consumer acceptance of wines from that with Albertson Road (shown but regulations being revised are: Regulation area. Therefore, no regulatory flexibility unnamed on the Laurelwood 1.08, ‘‘Administrative Procedures,’’ analysis is required. Quadrangle); Regulation 2.05, ‘‘Prevention of Significant Deterioration of Air Executive Order 12866 (3) Proceed east 0.2 miles along Albertson Road until it intersects with Quality,’’ Regulation 2.09, ‘‘Causes for This proposed rule is not a significant Dopp Road. (Approximate elevation Permit Modification, Revocation, or regulatory action, as defined by ranges from 220 to 240 feet over this Suspension,’’ and Regulation 2.17, Executive Order 12866, 58 FR 51735. distance.); ‘‘Federally Enforceable District Origin Therefore, it requires no regulatory (4) Proceed south, then east, and then Operating Permits.’’ In the Final Rules assessment. south again 1.6 miles along Dopp Road Section of this Federal Register, the (beside Ayres Creek) to the southern EPA is approving the State’s SIP Drafting Information edge of the map, section 53, R3W, T2S. revision as a direct final rule without prior proposal because the Agency The principal author of this document (Approximate elevation ranges from 220 views this as a noncontroversial is B.J. Kipp, Regulations and Procedures to 460 feet over this distance.); (5) Continue on the Dundee submittal and anticipates no adverse Division (Portland, Oregon), Alcohol Quadrangle map, section 53, R3W, T2S. comments. A detailed rationale for the and Tobacco Tax and Trade Bureau. Proceed south 2.15 miles on Dopp Road approval is set forth in the direct final List of Subjects in 27 CFR Part 9 to slightly south of the intersection of rule. If no significant, material, and Dopp Road and Calkins Lane where the adverse comments are received in Wine. 240-foot contour line crosses Dopp response to this rule, no further activity Authority and Issuance Road. (Elevation ranges approximately is contemplated. If EPA receives adverse 400–240 feet over this distance.); comments, the direct final rule will be For the reasons discussed in the (6) Proceed south on Dopp Road 1.1 withdrawn and all public comments preamble, we propose to amend title 27, miles to its intersection with North received will be addressed in a Code of Federal Regulations, part 9, Valley Road. (Elevation ranges from 180 subsequent final rule based on this rule. American Viticultural Areas, as follows: to 260 feet over this distance.); The EPA will not institute a second
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62264 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
comment period on this document. Any Environmental Protection Agency, ENVIRONMENTAL PROTECTION parties interested in commenting on this Region 9, 75 Hawthorne Street, San AGENCY document should do so at this time. Francisco, CA 94105–3901, DATES: Written comments must be [email protected]. Comments may 40 CFR Part 271 received on or before December 3, 2003. also be submitted through http:// [FRL–7581–8] ADDRESSES: Comments may be www.regulations.gov. We prefer submitted by mail to: Michele electronic comments. You can inspect South Dakota: Final Authorization of Notarianni, Air Planning Branch, Air, copies of EPA’s Federal Register State Hazardous Waste Management Pesticides and Toxics Management document and Technical Support Program Revision Division, U.S. Environmental Protection Document (TSD) at our Region IX office AGENCY: Environmental Protection Agency Region 4, 61 Forsyth Street, during normal business hours (see Agency (EPA). SW., Atlanta, Georgia 30303–8960. address above). Due to increased ACTION: Proposed rule. Comments may also be submitted security, we suggest that you call at least electronically, or through hand 24 hours prior to visiting the Regional SUMMARY: South Dakota has applied to delivery/courier. Please follow the Office so that we can make EPA for Final authorization of the detailed instructions described in the arrangements to have someone meet changes to its hazardous waste program direct final rule, SUPPLEMENTARY you. The Federal Register notice and under the Resource Conservation and INFORMATION (sections I. B.1. through 3.), TSD are also available as electronic files Recovery Act (RCRA). EPA has which is published in the Rules Section on EPA’s Region 9 Web Page at http:// determined that these changes satisfy all of this Federal Register www.epa.gov/region09/air. requirements needed to qualify for Final FOR FURTHER INFORMATION CONTACT: authorization and is proposing to Michele Notarianni, Air Planning Copies of the State Implementation authorize the State’s changes through Branch, Air, Pesticides and Toxics Plan (SIP) materials are also available this proposed final action. for inspection at the address listed Management Division, U.S. DATES: Written comments must be below: Arizona Department of Environmental Protection Agency received by December 3, 2003. Environmental Quality, 1110 W. Region 4, 61 Forsyth Street, SW., ADDRESSES: Copies of the South Dakota Washington Street, First Floor, Phoenix, Atlanta, Georgia 30303–8960. Phone: program revision applications and the AZ 85007, Telephone (602) 771–4335. (404) 562–9031. E-mail: materials which EPA used in evaluating [email protected]. FOR FURTHER INFORMATION CONTACT: the revisions are available for inspection SUPPLEMENTARY INFORMATION: For Wienke Tax, Air Planning Office (AIR– and copying at the following locations: additional information, see the direct 2), Air Division, U.S. EPA, Region 9, EPA Region VIII, from 7 AM to 4 PM, final rule which is published in the P.O. Box 86825, Tucson, AZ 85754– 999 18th Street, Suite 300, Denver, Rules Section of this Federal Register. 6825. Telephone: (520) 622–1622. E- Colorado 80202–2466, contact: Kris Dated: October 21, 2003. mail: [email protected], or check Shurr, phone number: (303) 312–6139, e-mail: [email protected] or SDDENR, A. Stanley Meiburg, http://www.epa.gov/region09/air from 9 AM to 5 PM, Joe Foss Building, Acting Regional Administrator, Region 4. SUPPLEMENTARY INFORMATION: In the 523 E. Capitol, Pierre, South Dakota [FR Doc. 03–27552 Filed 10–31–03; 8:45 am] Rules and Regulations section of this 57501–3181, contact: Carrie Jacobson, BILLING CODE 6560–50–P Federal Register, we are approving the phone number (605) 773–3153. Send maintenance plan for the Ajo SO2 written comments to Kris Shurr, 8P– nonattainment area. We are also HW, U.S. EPA, Region VIII, 999 18th ENVIRONMENTAL PROTECTION approving the State of Arizona’s request Street, Suite 300, Denver, Colorado AGENCY to redesignate the Ajo area from 80202–2466, phone number: (303) 312– 40 CFR Parts 52 and 81 nonattainment to attainment for the 6139 or electronically to primary SO2 NAAQS. We are taking [email protected]. [AZ 115–0058b; FRL–7574–1] these actions without prior proposal FOR FURTHER INFORMATION CONTACT: Kris Approval and Promulgation of because we believe that the revision and Shurr, 8P–HW, U.S. EPA, Region VIII, Implementation Plans and Designation request are not controversial. If we 999 18th Street, Suite 300, Denver, of Areas for Air Quality Planning receive adverse comments, however, we Colorado 80202–2466, phone number: Purposes; Arizona will publish a timely withdrawal of the (303) 312–6139 or [email protected]. direct final rule and address the Written comments must be received by AGENCY: Environmental Protection comments in subsequent action based December 3, 2003. Agency (EPA). on this proposed rule. We do not plan SUPPLEMENTARY INFORMATION: ACTION: Proposed rule. to open a second comment period, so A. Why Are Revisions to State anyone interested in commenting SUMMARY: EPA is proposing to approve Programs Necessary? should do so at this time. If we do not the maintenance plan for the Ajo area in receive adverse comments, no further States which have received Final Arizona and grant the request submitted activity is planned. For further authorization from EPA under RCRA by the State to redesignate this area from section 3006(b), 42 U.S.C. 6926(b), must nonattainment to attainment for the information, please see the direct final action. maintain a hazardous waste program National Ambient Air Quality Standards that is equivalent to, consistent with, for sulfur dioxide (SO2). Dated: September 25, 2003. and no less stringent than the Federal DATES: Comments on this proposal must Deborah Jordan, program. As the Federal program be received by December 3, 2003. Acting Regional Administrator, Region IX. changes, States must change their ADDRESSES: Comments should be [FR Doc. 03–27264 Filed 10–31–03; 8:45 am] programs and ask EPA to authorize the mailed or emailed to Wienke Tax, Office BILLING CODE 6560–50–P changes. Changes to State programs may of Air Planning (AIR–2), U.S. be necessary when Federal or State
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62265
statutory or regulatory authority is D. What Happens if EPA Receives Processed Materials, and Miscellaneous modified or when certain other changes Comments That Oppose This Action? Hazardous Waste Provisions [62 FR occur. Most commonly, States must If EPA receives comments that oppose 25998, 5/12/97] (Checklist 157)/ change their programs because of this authorization, we will address all 78:28:22:01 and 78:28:30:01; Testing & changes to EPA’s regulations in 40 Code public comments in a later Federal Monitoring Activities Amendment III [62 of Federal Regulations (CFR) parts 124, Register. You will not have another FR 32452, 6/13/97] (Checklist 158)/ 260 through 266, 268, 270, 273 and 279. opportunity to comment, therefore, if 78:28:21:02, 78:28:25:01, 78:28:27:01, B. What Decisions Have We Made in you want to comment on this action, and 78:28:28:01; Conformance with the This Proposed Rule? you must do so at this time. Carbamate Vacatur [62 FR 32974, 6/17/ 97] (Checklist 159)/78:28:22:01 and We conclude that South Dakota’s E. What Has South Dakota Previously 78:28:30:01; Land Disposal Restrictions applications to revise its authorized Been Authorized for? Phase III—Emergency Extension of the program meet all of the statutory and South Dakota initially received Final K088 National Capacity Variance, regulatory requirements established by authorization on October 19, 1984, Amendment [62 FR 37694, 7/14/97] RCRA. Therefore, we propose to grant effective November 2, 1984 (49 FR (Checklist 160)/78:28:30:01; Emergency South Dakota final authorization to 41038) to implement the RCRA Revision of the Carbamate Land operate its hazardous waste program hazardous waste management program. Disposal Restrictions [62 FR 45568, 8/ with the changes described in the We granted authorization for changes to 28/97] (Checklist 161)/78:28:30:01; Kraft authorization applications. South their program on April 17, 1991, Mill Steam Stripper Condensate Dakota has responsibility for permitting effective June 17, 1991 (56 FR 15503); Exclusion [63 FR 18504, 4/15/98] Treatment, Storage, and Disposal September 8, 1993, effective November (Checklist 164)/78:28:22:01; Recycled Facilities (TSDFs) within its borders, 8, 1993 (FR 47216); January 10, 1994, Used Oil Management Standards— except in Indian Country, and for effective March 11, 1994 (59 FR 01275); Technical Correction & Clarification [63 carrying out the aspects of the RCRA July 24, 1996, effective September 23, FR 24963, 5/6/98 and 63 FR 37780, 7/ program described in its revised 1996 (61 FR 38392); and May 9, 2000, 14/98] (Checklist 166)/78:28:22:01 and program application, subject to the effective June 8, 2000 (65 FR 26755). 78:28:27:01; Land Disposal Restrictions limitations of the Hazardous and Solid Phase IV—Treatment Standards for Waste Amendments of 1984 (HSWA). F. What Changes Are We Proposing To Metal Wastes & Mineral Processing New Federal requirements and Authorize With Today’s Action? Wastes [63 FR 28556, 5/26/98] prohibitions imposed by Federal South Dakota submitted a final (Checklist 167A)/78:28:30:01; Land regulations that EPA promulgates under complete program revision applications Disposal Restrictions Phase IV— the authority of HSWA take effect in on August 16, 2002 and February 14, Hazardous Soils Treatment Standards & authorized States before they are 2003, seeking authorization of their Exclusions [63 FR 28556, 5/26/98] authorized for the requirements. Thus, changes in accordance with 40 CFR (Checklist 167B)/78:28:30:01; Land EPA will implement those requirements 271.21. We now make an final decision, Disposal Restrictions Phase IV— and prohibitions in South Dakota, subject to receipt of written comments Corrections [63 FR 28556, 5/26/98 and including issuing permits, until South that oppose this action, that South 63 FR 31266, 6/8/98] (Checklist 167C)/ Dakota is authorized to do so. Dakota’s hazardous waste program 78:28:30:01; Bevill Exclusion Revisions C. What Is the Effect of Today’s revision satisfies all of the requirements & Clarifications [63 FR 28556, 5/26/98] Authorization Decision? necessary to qualify for final (Checklist 167E)/78:28:22:01; Exclusion authorization. Therefore, we propose to of Recycled Wood Preserving This decision means that a facility in grant South Dakota final authorization Wastewaters [63 FR 28556, 5/26/98] South Dakota subject to RCRA will have for the following program changes (the (Checklist 167F)/78:28:22:01; to comply with the authorized State Federal Citation followed by the analog Hazardous Waste Combusters—Revised requirements instead of the equivalent from the Administrative Rules of South Standards [63 FR 6/19/98] (Checklist Federal requirements in order to comply Dakota (ARSD 74:28), revised August 168)/78:28:22:01 and 78:28:26:01; with RCRA. South Dakota has 28, 2002): Carbamate Production Petroleum Refining Process Wastes [63 enforcement responsibilities under its Identification and Listing of Hazardous FR 42110, 8/6/98] (Checklist 169)/ State hazardous waste program for Waste [60 FR 07824, 2/9/95; 60 FR 78:28:22:01, 78:28:27:01, 78:28:30:01; violations of such program, but EPA 19165, 4/17/95; and 60 FR 25619, 5/12/ Land Disposal Restrictions Phase IV— retains its authority under RCRA 95] (Checklist 140)/74:28:22:01; Zinc Micronutrient Fertilizeers, sections 3007, 3008, 3013, and 7003, Conditionally Exempt Small Quantity Amendment [63 FR 46332, 8/31/98] which include, among others, authority Generator Disposal Options under (Checklist 170)/78:28:30:01; Emergency to: Subtitle D [61 FR 34252, 7/1/96] Revision of the Land Disposal • Conduct inspections; require (Checklist 153)/74:28:22:01; Land Restrictions (LDR) Treatment Standards monitoring, tests, analyses, or reports; Disposal Restrictions Phase III— for Listed Hazardous Wastes from • Enforce RCRA requirements; Emergency Extention of the K088 Carbamate Production [63 FR 47410, suspend or revoke permits; and, Capacity Variance [62 FR 01992, 1/14/ 09/04/98] (Checklist 171)/78:28:30:01; • Take enforcement actions regardless 97] (Checklist 155)/74:28:30:01; Military Land Disposal Restrictions Phase IV— of whether South Dakota has taken its Munitions Rule [62 FR 06622, 2/12/97] Extension of Compliance Date for own actions. (Checklist 156)/78:28:21:02, 78:28:22:01, Characteristic Slags [63 FR 48124, 9/9/ This action does not impose 78:28:23:01, 78:28:24:01, 78:28:25:01, 98] (Checklist 172)/78:28:30:01; Land additional requirements on the 78:28:26:01, 78:28:27:01, and Disposal Restrictions—Treatment regulated community because the 78:28:28:01; Land Disposal Restrictions Standards for Spent Potliners from regulations for which South Dakota is Phase IV—Treatment Standards for Primary Aluminum Reduction (K088)— being authorized by today’s action are Wood Preserving Wastes, Paperwork Final Rule [63 FR 51254, 9/24/98] already effective and are not changed by Reduction and Streamlining, (Checklist 173)/78:28:30:01; Post- today’s action. Exemptions from RCRA for Certain Closure Permit Requirement & Closure
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62266 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
Process [63FR 56710, 10/22/98] Federal regulations ‘‘by reference’’ as portions of permits which were issued (Checklist 174)/78:28:25:01, 78:28:26:01, they appear in the ‘‘Code of Federal prior to the effective date of this and 78:28:28:01; Universal Waste Rule— Regulations’’ (CFR), June 2000 edition, authorization until South Dakota has Technical Amendments [63 FR 71225, published by the National Archives and equivalent instruments in place. We 12/24/98] (Checklist 176)/78:28:27:01 Records Administration. The specific will not issue any new permits or new and 78:28:33:01; Organic Air Emission regulations EPA relies upon to provide portions of permits for the provisions Standards—Clarification & Technical official notice to the public and listed in Item G after the effective date Amendments [64 FR 03382, 1/21/99] regulated community of any Federal of this authorization. EPA previously (Checklist 177/78:28:23:01, 78:28:25:01, hazardous waste program are those suspended issuance of permits for other and 78:28:28:01; Petroleum Refining found in the Federal Registers that are provisions on the effective date of South Process Wastes—Leachate Exemption published each business day, rather Dakota’s Final Authorization for the [64 FR 06806, 2/11/99] (Checklist 178)/ than the annual CFR. Errors appearing RCRA base program and each of the 78:28:22:01; Land Disposal Restrictions in regulations used by the State’s revisions listed in Item F. EPA will Phase IV—Technical Corrections and hazardous waste program may or may continue to implement and issue Clarifications to Treatment Standards not be significant. However, in order to permits for HSWA requirements for [64 FR 25408, 05/11/99] (Checklist 179)/ avoid any confusion and to ensure that which South Dakota is not yet 78:28:22:01, 78:28:23:01, and EPA oversees and enforces the authorized. 78:28:30:01; Universal Waste Rule: appropriate hazardous waste Specific Provisions for Hazardous Waste regulations, we are publishing the I. How Does Today’s Action Affect Lamps [64 FR 36466, 07/06/99] following list of corrections for errors Indian Country (18 U.S.C. 1151) in (Checklist 181)/74:28:21:02, 74:28:22:01, found in the revisions of the State’s South Dakota? 74:28:25:01, 74:28:26:01, 74:28:28:01, hazardous waste program that are This program revision does not 74:28:30:01, and 74:28:33:01; Hazardous approved in today’s Federal Register. extend to ‘‘Indian country’’ as defined Air Pollutant Standards for Combustors Additional corrections may appear in in 18 U.S.C. 1151. Indian country [64 FR 52828, 09/30/99 and 64 FR Federal Registers approving later includes: 63209, 11/19/99] (Checklist 182)/ revisions to the South Dakota hazardous 1. Lands within the exterior 74:28:21:01, 74:28:21:02, 74:28:22:01, waste program. boundaries of the following Indian 74:28:25:01, 74:28:26:01, 74:28:27:01, • In § 266.100, replace ‘‘(b), (c), (d) reservations located within the State of and 74:28:28:01; Land Disposal and (f)’’ with ‘‘(b)–(e), (g) and (h).’’ South Dakota: Restrictions Phase IV—Technical • In § 266.100(d)(3), add the a. Cheyenne River Indian Reservation; Corrections [64 FR 56469, 10/20/99] following missing text to the end of the b. Crow Creek Indian Reservation; (Checklist 183)/74:28:22:01, 74:28:23:01, paragraph: ‘‘or a metal recovery furnace c. Flandreau Indian Reservation; and 74:28:30:01; Accumulation Time for that burns baghouse bags used to d. Lower Brule Indian Reservation; Waste Water Treatment Sludges [65 FR capture metallic dusts emitted by steel e. Pine Ridge Indian Reservation; 12378, 03/08/2000] (Checklist 184)/ manufacturing, must provide a one-time f. Rosebud Indian Reservation; 74:28:23:01; Toxicity Characteristics written notice to the Director identifying g. Standing Rock Indian Reservation; Revision as of June 30, 2000 each hazardous waste burned and h. Yankton Indian Reservation; [Consolidated Checklist includes 55 FR specifying whether the owner or 2. Any land held in trust by the 11798, 3/29/90 and 55 FR 26986, 6/29/ operator claims an exemption for each United States for an Indian tribe; and, 90 (Checklist 74); 55 FR 40834, 10/5/90, waste under this paragraph or paragraph 3. Any other areas which are ‘‘Indian 56 FR 03978, 2/1/91, and 56 FR 13406, (d)(1) of this section. The owners or country’’ within the meaning of 18 4/2/91 (Checklist 80); 56 FR 05910, 2/ operator must comply with the U.S.C. 1151. 13/91 (Checklist 84); 57 FR 30657, 7/10/ requirements of paragraph (d)(1) of this J. What Is Codification and Is EPA 92 (Checklist 108); 57 FR 23062, 6/1/92 section for those wastes claimed to be Codifying South Dakota’s Hazardous (Checklist 117B); 57 FR 55114, 11/24/92 exempt under that paragraph and must Waste Program as Authorized in This (Checklist 119), as well as, 58 FR 46040, comply with the requirements below for Rule? 8/31/93 (Checklist 126 update) and 62 those wastes claimed to be exempt FR 25998, 5/12/97 (Checklist 157 under this paragraph (d)(3).’’ Codification is the process of placing update). • In 40 CFR part 266, appendix VIII, a State’s statutes and regulations that in the ‘‘semivolatiles’’ column, replace comprise the State’s authorized G. Where Are the Revised State Rules hazardous waste program into the CFR. Different From the Federal Rules? ‘‘Plychlorinated dibenzo-furans’’ with ‘‘Polychlorinate dibenzo-furans.’’ We do this by referencing the South Dakota did not make any • In the 40 CFR 268.40 table: (1) authorized State rules in 40 CFR part changes that are more stringent or under waste code K088, ‘‘Indeno(1,2,3,- 272. We reserve the amendment of 40 broader-in-scope than the Federal rules c,d) pyrene’’ should be ‘‘Indeno(1,2,3- CFR part 272, subpart QQ for the in this rulemaking. South Dakota did cd) pyrene’’, (2) under waste code K088, codification of South Dakota’s updated not change any previously more ‘‘Bemz(a)anthracene’’ should be program until a later date. stringent or broader-in-scope provisions ‘‘benzo(a)anthracene; K. Administrative Requirements to be equivalent to the Federal rules. • At 264.1030(c), replace ‘‘40 CFR Today’s Federal Register notice also 124.15’’ (applies to EPA only) with ‘‘40 The Office of Management and Budget eliminates errors in portions of the CFR 124.5’’ (applies to the State). has exempted this action from the federally authorized South Dakota requirements of Executive Order 12866 hazardous waste program. In the process H. Who Handles Permits After the (58 FR 51735, October 4, 1993), and of evaluating South Dakota’s application Authorization Takes Effect? therefore this action is not subject to for revisions to its hazardous waste South Dakota will issue permits for all review by OMB. This action authorizes program, we have discovered certain the provisions for which it is authorized State requirements for the purpose of errors in the program as adopted in the and will administer the permits it RCRA section 3006 and imposes no State’s regulations. These errors arose in issues. EPA will continue to administer additional requirements beyond those part because the State incorporates any RCRA hazardous waste permits or imposed by State law. Accordingly, I
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62267
certify that this action will not have a 8859, March 15, 1988) by examining the DEPARTMENT OF COMMERCE significant economic impact on a takings implications of the rule in substantial number of small entities accordance with the ‘‘Attorney National Oceanic and Atmospheric under the Regulatory Flexibility Act (5 General’s Supplemental Guidelines for Administration U.S.C. 601 et seq.). Because this action the Evaluation of Risk and Avoidance of authorizes pre-existing requirements Unanticipated Takings’ issued under the 50 CFR Parts 600 and 622 under State law and does not impose executive order. This rule does not [Docket No. 031007250–3250–01; I.D. any additional enforceable duty beyond impose an information collection 091503E] that required by State law, it does not burden under the provisions of the RIN 0648–AO63 contain any unfunded mandate or Paperwork Reduction Act of 1995 (44 significantly or uniquely affect small U.S.C. 3501 et seq.). Fisheries of the Caribbean, Gulf of governments, as described in the Mexico, and South Atlantic; Dolphin Unfunded Mandates Reform Act of 1995 The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small and Wahoo Fishery off the Atlantic (Public Law 104–4). For the same States reason, this action also does not Business Regulatory Enforcement significantly or uniquely affect the Fairness Act of 1996, generally provides AGENCY: National Marine Fisheries communities of Tribal governments, as that before a rule may take effect, the Service (NMFS), National Oceanic and specified by Executive Order 13175 (65 agency promulgating the rule must Atmospheric Administration (NOAA), FR 67249, November 9, 2000). This submit a rule report, which includes a Commerce. action will not have substantial direct copy of the rule, to each House of the ACTION: Proposed rule; request for effects on the States, on the relationship Congress and to the Comptroller General comments. between the national government and of the United States. EPA will submit a the States, or on the distribution of report containing this document and SUMMARY: NMFS issues this proposed power and responsibilities among the other required information to the U.S. rule to implement the Fishery various levels of government, as Senate, the U.S. House of Management Plan for the Dolphin and specified in Executive Order 13132 (64 Representatives, and the Comptroller Wahoo Fishery off the Atlantic States FR 43255, August 10, 1999), because it General of the United States prior to (FMP). For the dolphin and wahoo merely authorizes State requirements as publication in the Federal Register. A fishery in the exclusive economic zone (EEZ) off the Atlantic states (Maine part of the State RCRA hazardous waste major rule cannot take effect until 60 through the east coast of Florida), this program without altering the days after it is published in the Federal proposed rule would require vessel relationship or the distribution of power Register. This action is not a ‘‘major and responsibilities established by owners to obtain commercial vessel and rule’’ as defined by 5 U.S.C. 804(2). This RCRA. This action also is not subject to charter vessel/headboat permits and action will be effective January 2, 2004. Executive Order 13045 (62 FR 19885, submit reports; operators of commercial April 23, 1997), because it is not List of Subjects in 40 CFR Part 271 vessels, charter vessels, and headboats economically significant and it does not to obtain operator permits; and dealers make decisions based on environmental Environmental protection, to obtain permits and submit reports; health or safety risks. This rule is not Administrative practice and procedure, establish bag and trip limits and a subject to Executive Order 13211, Confidential business information, minimum size limit (dolphin only); ‘‘Actions Concerning Regulations That Hazardous materials transportation, close the longline fisheries in areas Significantly Affect Energy Supply, Hazardous waste, Incorporation-by- closed to the use of such gear for highly Distribution, or Use’’ (66 FR 28355, May reference, Indians-lands, migratory pelagic species; prohibit sale 22, 2001), because it is not a significant Intergovernmental relations, Penalties, without a commercial vessel permit; regulatory action under Executive Order Reporting and recordkeeping specify allowable gear; and establish a 12866. requirements. framework procedure by which the Under RCRA section 3006(b), EPA South Atlantic Fishery Management Authority: This action is issued under the Council (Council) could establish and grants a State’s application for authority of sections 2002(a), 3006 and authorization as long as the State meets modify certain management measures in 7004(b) of the Solid Waste Disposal Act as a timely manner. In addition, the FMP the criteria required by RCRA. It would amended 42 U.S.C. 6912(a), 6926, 6974(b). thus be inconsistent with applicable law would specify maximum sustainable for EPA, when it reviews a State Dated: October 21, 2003. yield (MSY), optimum yield (OY), the authorization application, to require the Kerrigan G. Clough, determinants of overfishing (maximum use of any particular voluntary Acting Regional Administrator, Region VIII. fishing mortality threshold (MFMT)) consensus standard in place of another [FR Doc. 03–27553 Filed 10–31–03; 8:45 am] and overfished (minimum stock size threshold (MSST)), the management standard that otherwise satisfies the BILLING CODE 6560–50–P requirements of RCRA. Thus, the unit, the fishing year, and essential fish requirements of section 12(d) of the habitat (EFH) and EFH habitat areas of National Technology Transfer and particular concern (EFH-HAPCs). The Advancement Act of 1995 (15 U.S.C. intended effects are to conserve and 272 note) do not apply. As required by manage dolphin and wahoo and to section 3 of Executive Order 12988 (61 ensure that no new fisheries for dolphin FR 4729, February 7, 1996), in issuing and wahoo develop. this rule, EPA has taken the necessary DATES: Comments on this proposed rule steps to eliminate drafting errors and must be received no later than 5 p.m., ambiguity, minimize potential litigation, eastern time, on December 18, 2003. and provide a clear legal standard for ADDRESSES: Copies of the FMP may be affected conduct. EPA has complied obtained from the South Atlantic with Executive Order 12630 (53 FR Fishery Management Council, One
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62268 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
Southpark Circle, Suite 306, Charleston, Permits An owner of a vessel who desires a SC 29407–4699; phone: 843–571–4366; Information obtained on permit commercial vessel permit based on the fax: 843–769–4520; e-mail: applications and from vessel and dealer earned income and landings [email protected]. The FMP includes a reporting would provide baseline data requirements would be required to Final Environmental Impact Statement on participants and the activities of obtain a permit application form from, (FEIS), an Initial Regulatory Flexibility vessels and dealers in the Atlantic and submit it to, the RA. Information on Analysis (IRFA), a Regulatory Impact dolphin and wahoo fishery that the application form and accompanying Review, and a Social Impact currently are not available. Such data documentation would consist of the standard information and Assessment/Fishery Impact Statement. are essential to further information documentation required for commercial Written comments on this proposed collection efforts and the formulation of vessel permits issued by the RA, as rule must be mailed to Steve Branstetter, sound management measures for the specified at 50 CFR 622.4(b)(3). Such Southeast Region, NMFS, 9721 fishery. information and documentation would Executive Center Drive N., St. Commercial Vessel Permits not be required if they are available to Petersburg, FL 33702. Comments also the RA through a valid permit issued in may be sent via fax to 727–570–5583. To be eligible for exemption from the another fishery. The landings Comments will not be accepted if bag and possession limits for dolphin requirement would have to be submitted via e-mail or Internet. and wahoo in the Atlantic EEZ or to sell documented by a listing of landings by Written comments regarding the dolphin and wahoo harvested in the Atlantic EEZ, this proposed rule would date, species, amount, and dealer. Only burden-hour estimates or other aspects qualifying landings verified by reports of the collection-of-information require a vessel to have on board a Federal commercial permit for Atlantic received or dealer records dated on or requirements contained in this proposed before June 21, 1999, by the following dolphin and wahoo, effective 120 days rule may be submitted to Robert Sadler, would qualify: (1) Fishing vessel after the final rule containing the permit Southeast Region, NMFS, at the above logbooks received by the Science and requirements is published. As an address, and by e-mail to Research Director of either the NMFS’ exception to this permit requirement, a [email protected], or fax to Southeast or Northeast Fisheries vessel with a Federal commercial permit 202–395–7285. Science Centers; (2) state trip ticket in a fishery other than the Atlantic systems; or (3) for landings not covered FOR FURTHER INFORMATION CONTACT: dolphin and wahoo fishery would have by vessel logbook or state trip ticket Steve Branstetter, phone: 727–570– a 200–lb (91–kg) trip limit, in lieu of a system requirements, dealer records 5305, fax: 727–570–5583, e-mail: bag and possession limit, and would be accompanied by signed affidavit(s). [email protected]. allowed to sell dolphin or wahoo, NMFS believes that restricting provided that all fishing on and SUPPLEMENTARY INFORMATION: The ° verification of landings to these three landings from that trip were north of 39 modes would ensure that Council prepared the FMP under N. lat. authority of the Magnuson-Stevens documentation is consistent with NMFS would issue an Atlantic applicable reporting requirements, and, Fishery Conservation and Management dolphin and wahoo commercial permit Act (Magnuson-Stevens Act). where no reporting requirements for a vessel that has a Federal existed, would provide a practical Background commercial permit for king mackerel, alternative with reasonable verification, South Atlantic snapper-grouper, or i.e., dealer records with signed Landings of dolphin and wahoo from Atlantic swordfish or for a vessel whose affidavits. This approach should Atlantic waters have increased in recent owner meets both the earned income accommodate qualification consistent years. Given that the Atlantic dolphin requirement and the landings with Council intent, while minimizing and wahoo fishery is historically a requirement. An owner would meet the the potential for fraudulent recreational fishery, concern was raised earned income requirement if he or she documentation of landings. Dealer when commercial landings in the derived at least 25 percent of earned records must definitively show dates Atlantic increased, due in part to an income or at least $10,000 from and amounts of landings of the species increasing number of longliners that commercial fishing (i.e., the harvest and known as dolphin and/or wahoo and were targeting dolphin or modifying first sale of fish) or from charter/ the vessel’s name, official number, or their fishing practices so that dolphin headboat fishing during one of the 3 other reference that clearly identifies the and wahoo constituted a greater portion calendar years 1996, 1997, or 1998. An vessel. Dealer records must contain a of their catch. In addition, additional owner would meet the landings sworn affidavit by the dealer confirming longline effort may be directed to the requirement if he or she owned a vessel the accuracy and authenticity of the Atlantic dolphin and wahoo fishery due that landed and sold at least 250 lb (113 records. A sworn affidavit is a written to closures in the fishery for highly kg) of dolphin and/or wahoo harvested statement wherein the individual migratory species. The Council is from the Atlantic during one of the 3 signing the affidavit affirms that the concerned that an increase in landings calendar years 1996, 1997, or 1998, or information presented is accurate and of dolphin and wahoo could result in during the period January 1, 1999, can be substantiated, under penalty of localized depletion of stocks and a shift through May 21, 1999. law. Only landings that were harvested, in the historical levels of catch between If a vessel has a Federal commercial landed, and sold in compliance with commercial and recreational fishermen. vessel permit issued by the Regional state and Federal regulations would be Accordingly, through the FMP, the Administrator, Southeast Region, NMFS used to establish eligibility. Council is adopting a precautionary and (RA) in the king mackerel, South risk-averse approach to management Atlantic snapper-grouper, or swordfish Charter Vessel/Headboat Permits that will maintain the current harvest fishery, dolphin and wahoo would be To possess a dolphin or wahoo in or level of dolphin and wahoo and ensure added to the fisheries for which the from the Atlantic EEZ on board a charter that no new fisheries for these species permit is valid upon written request to vessel or headboat, this proposed rule develop in the EEZ off the Atlantic the RA from the owner or operator for would require that a valid Federal states (Atlantic EEZ). such addition. charter vessel/headboat permit for
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62269
Atlantic dolphin and wahoo be on board birth, height, weight, and hair and eye after the final rule is published. These that vessel, effective 120 days after the color, of the applicant, and other time periods are considered adequate final rule containing the permit information necessary for the issuance for vessel owners, vessel operators, and requirements is published. There would or administration of the permit. In dealers currently in the fishery to obtain be no earned income or landing addition, each applicant would be applications, collect necessary data, if requirements for these charter vessel/ required to provide two recent (no more required, and complete and submit headboat permits. than 1–yr old) color, passport-sized applications and for the RA to process The owner of a vessel who desires a photographs. In general, an operator the applications and issue permits. charter vessel/headboat permit for the permit would be valid for a 3–year Atlantic dolphin and wahoo fishery period (i.e., from the operator’s birth Fees would be required to obtain a permit month in year X through the operator’s As specified at 50 CFR 622.4(f), a fee application form from, and submit it to, birth month in year X+3). However, the RA. there are two instances in which the would be charged for each application An owner of a charter vessel or period of validity would probably not be for a permit or written request for headboat who desires to sell dolphin 3 years—when an initial permit is change in a permit. The applicable fee would be required to obtain a issued and when a permit is not would be specified on the appropriate commercial vessel permit for dolphin renewed immediately upon its form. and wahoo in addition to the charter expiration (birth month in year X+3). Vessel Identification vessel/headboat permit. (The sale of An initial permit or a permit not wahoo harvested in the Atlantic EEZ by renewed immediately upon its This proposed rule would require that a vessel operating as a charter vessel or expiration would expire at the end of a vessel with a Federal commercial headboat would not be allowed.) the operator’s birth month that is vessel or charter vessel/headboat permit Operator Permits between 2 and 3 yr after issuance. for the Atlantic dolphin and wahoo An operator of a vessel in the Atlantic fishery display and maintain its official To enhance enforcement of fishery dolphin and wahoo fishery would be number in the manner prescribed at 50 regulations, this proposed rule would required to present his/her operator CFR 622.6(a). The requirements at 50 require an operator of a commercial permit for inspection upon the request CFR 622.6(a) apply to all vessels that vessel or a charter vessel/headboat in of an authorized officer. Because an have been issued permits by the RA. the Atlantic dolphin and wahoo fishery operator permit is a Federal picture to obtain a permit, effective 180 days identification card issued without Recordkeeping and Reporting after the final rule that contains this verification of the information on the measure is published. ‘‘Operator’’ is application, the operator would be This proposed rule would require defined as the master or other required to also present one other form owners or operators of vessels individual aboard and in charge of a of personal identification that includes (commercial and charter vessel/ vessel. Each vessel that has a Federal a picture. Otherwise, an operator whose headboat) and dealers, who have commercial vessel or charter vessel/ permit had been revoked could use an permits for Atlantic dolphin and wahoo headboat permit for the Atlantic additional operator permit obtained and are selected by the Science and dolphin and wahoo fishery would be under an assumed name. Research Director (SRD) of the Northeast required to have on board at least one or Southeast Fisheries Science Center, person who has a valid operator permit Dealer Permits to submit reports. Forms and when the vessel is at sea or offloading. This rule would require a dealer of accompanying instructions for such In addition to penalties that currently dolphin or wahoo to obtain a dealer reporting would be available from the exist for violations of the regulations, an permit for such species, effective 120 SRD. operator permit could be sanctioned. days after the final rule that contains The Council may also receive from For example, a person whose operator this measure is published. ‘‘Dealer’’ is the Atlantic Coastal Cooperative permit is suspended, revoked, or defined as a person who first receives Statistics Program additional modified pursuant to subpart D of 15 dolphin or wahoo by way of purchase, information necessary for effective CFR part 904 would not be allowed barter, or trade or who first receives management of the fishery. aboard any vessel subject to Federal dolphin or wahoo harvested from the fishing regulations in any capacity, if so Atlantic EEZ upon transfer ashore. To Minimum Size Limits sanctioned by NOAA, while the vessel obtain such permit, the applicant would is at sea or offloading. To enhance have to have a valid state wholesaler’s Most dolphin are mature by the time enforceability of this measure, a vessel’s license in the state(s) where the dealer they reach a size of 18 inches (45.7 cm), owner and operator would be operates, if required by such state(s), and all are mature by the time they responsible for ensuring that a person and have a physical facility at a fixed reach 24 inches (61.0 cm). Florida and with such a suspended, revoked, or location in such state(s). A dealer who Georgia have minimum size limits for modified operator permit is not aboard desires a dealer permit for the Atlantic dolphin within their jurisdictions of 20 his/her vessel. A list of persons whose dolphin and wahoo fishery would be inches (50.8 cm), fork length. A operator permits are revoked, required to obtain a permit application corresponding minimum size limit in suspended, or modified would be form from, and submit it to, the RA. the EEZ off Florida and Georgia would readily available from the RA. prevent the targeting of small dolphin, The RA would mail application forms Effective Dates for Permitting discourage waste by overharvest and to owners of vessels with permits for the Requirements discard, and enhance enforceability of Atlantic dolphin and wahoo fishery and As noted above, commercial vessel, Florida’s and Georgia’s minimum size applications also would be available charter vessel/headboat, and dealer limits. Accordingly, this proposed rule from the RA upon request. Information permits would be required in the fishery would establish a minimum size limit required on an application would 120 days after the final rule containing for dolphin in or from the EEZ off include name, address, and other these measures is published. Operator Georgia and Florida of 20 inches (50.8 identifying information, such as date of permits would be required 180 days cm), fork length.
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62270 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
Bag and Possession Limits commercial fisheries without unduly commercial fishermen must adhere to affecting historical catches. food quality standards and vessel safety Dolphin requirements that recreational Closed Areas This proposed rule would establish fishermen who sell fish caught under a daily bag and possession limits of The principal gear used in the bag limit can avoid. The exception for dolphin in or from the Atlantic EEZ of commercial fishery for dolphin and dolphin caught under the bag limit on 10 per person or 60 per vessel, wahoo is pelagic longline, similar to the board vessels operating as charter whichever is less, except, on board a gear used extensively for Atlantic highly vessels or headboats would recognize an headboat, 10 per paying passenger. migratory species (HMS) (Atlantic historical practice that has been These bag and possession limits would tunas, billfish, sharks, and swordfish). economically significant for such reduce the practice of harvesting large Regulations at 50 CFR Part 635 prohibit vessels. These for-hire vessels would quantities or entire schools of small, the use of pelagic longlines at certain only be allowed to sell bag-limit caught immature dolphin. Given the rapid times and areas in the Atlantic EEZ by fish if they possess both charter vessel/ growth rate of dolphin, an increase in vessels that have Federal permits for headboat and commercial vessel overall yield of the fishery would be HMS. These time/area closures were permits. The requirement of a expected by a delay in catch of even a implemented because observer data and commercial vessel permit, which has few months. vessel logbooks indicate that pelagic reporting requirements associated with longline fishing for Atlantic swordfish it, would provide for better reporting Wahoo and tunas results in catch of non-target and documentation of landings and This proposed rule would establish a finfish species such as bluefin tuna, sales of dolphin and wahoo by this daily bag and possession limit of wahoo billfish, and undersized swordfish, and segment of the fishery. in or from the Atlantic EEZ of 2 per of protected species, including person. The 2–fish bag and possession threatened and endangered sea turtles. Authorized Gear limit would reduce the potential for Also, pelagic longline gear incidentally Under this proposed rule, the excessive harvest of wahoo and promote hooks marine mammals and sea birds. following would be the only authorized a conservation ethic in the fishery. The incidental catch of animals that are gear types in the fisheries for dolphin hooked but not retained due to and wahoo in the Atlantic EEZ: Commercial Trip Limits economic or regulatory factors Automatic reel, bandit gear, handline, Commercial trip limits are limits on contributes to overall fishing mortality, pelagic longline, rod and reel, and the amount of fish that can be possessed which may significantly impair spearfishing gear (including on board a vessel or landed at any time. rebuilding of overfished finfish stocks or powerheads). A person aboard a vessel The following trip limits would be the recovery of protected species. in the Atlantic EEZ that had on board applicable to a vessel that has a Continued use of pelagic longline gear gear types other than authorized gear commercial permit for Atlantic dolphin for dolphin and wahoo during times and types would not be allowed to possess and wahoo and is not operating as a in areas where such gear is not allowed a dolphin or wahoo. NMFS would charter vessel or headboat: for HMS would subvert the management evaluate new gear if and when Dolphin – 3,000 lb (1,361 kg) north of goals of the time/area closures. appropriate. 31° N. lat. and 1,000 lb (454 kg) south Accordingly, this proposed rule would The proposed authorized gear types of 31° N. lat. apply the time/area closures applicable include virtually all gear types currently Wahoo – 500 lb (227 kg). to the HMS fishery in the Atlantic EEZ used in the dolphin/wahoo fishery. The trip limit for a fishing vessel, to the fishery for Atlantic dolphin and Specifying allowable gear would except for a vessel operating as a charter wahoo. These areas are the Northeastern discourage introduction of new gear into vessel or headboat, that does not have United States closed area, closed from the fishery. The introduction of new a commercial vessel permit for Atlantic June 1 through June 30 each year; the gear could exacerbate the potential for dolphin and wahoo but has a Federal Charleston Bump closed area, closed localized depletion, increased bycatch, commercial vessel permit in any other from February 1 through April 30 each and problems associated with conflict/ fishery would be 200 lb (91 kg) of year; and the East Florida Coast closed competition between gear types. dolphin and wahoo, combined, area, closed year round. provided that all fishing on and Framework Procedure for Management landings from that trip were north of 39° Restrictions on Recreational Sale Measures N. lat. (A charter vessel/headboat permit This proposed rule would prohibit the This rule proposes a framework is not a commercial vessel permit.) A sale of dolphin and wahoo caught in a procedure by which adjustments could vessel operating as a charter vessel or recreational fishery, except that dolphin be made in a timely manner to the headboat must comply with the bag caught aboard a charter vessel or management measures applicable to the limits. headboat that has both charter vessel/ Atlantic dolphin and wahoo fishery. As is the case with other commercial headboat and commercial vessel permits The adjustment procedure is virtually trip limits, transfer at sea of dolphin or could be sold. However, a vessel with identical to that currently in effect for wahoo would not be permitted. In both a charter vessel/headboat permit the management of snapper-grouper, addition, dolphin and wahoo would be and a commercial permit but operating wreckfish, and golden crab in the South allowed to be eviscerated, but would be as a charter vessel or headboat cannot Atlantic EEZ and is discussed at length required to be maintained with head sell dolphin in excess of the bag limit. in the FMP. These measures include: and tail intact. For the purpose of The Council concluded that dolphin Biomass levels, age-structured analyses, determining compliance with the and wahoo are so important to the MSY, OY, ABC, TAC, trip limits, commercial trip limits, weights would recreational sector that prohibiting sale minimum sizes, gear regulations and be calculated based upon the legal form of dolphin and wahoo caught by that restrictions, permit requirements, in which the fish are possessed or sector would reduce overexploitation seasonal or area closures, sub-zones and landed, i.e., round, eviscerated, or any and excessive targeting for sale. In their management measures, overfishing combination thereof. The proposed trip addition, it would eliminate a definitions and other status limits are intended to cap the significant amount of concern that determination criteria, time frame for
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62271
recovery of Atlantic dolphin or wahoo are contained in the FMP. The however, were relatively more if overfished, fishing year (adjustment availability of the FMP was announced dependent on revenue from the harvest not to exceed 2 months), authority for in the Federal Register on September of dolphin and wahoo. the RA to close a fishery when a quota 26, 2003 (68 FR 55573). Written The proposed rule would establish is reached or is projected to be reached comments on the FMP must be received four types of permits to allow continued or reopen a fishery when additional by November 25, 2003. In the preamble operation in the dolphin or wahoo quota becomes available, definitions of to the final rule, NMFS will address all fishery: a dealer permit, a commercial essential fish habitat, and essential fish comments received on the FMP or on vessel permit, a for-hire vessel (charter habitat HAPCs or Coral HAPCs. this proposed rule that are received vessel or headboat) permit, and an during their respective comment operator permit for either commercial or Additional Measures in the FMP periods. for-hire vessels. A for-hire vessel could In addition to the measures described possess both a commercial vessel permit Classification above, for the management of dolphin and a for-hire vessel permit if qualifying and wahoo the FMP would specify the At this time, NMFS has not criteria for both permits were met. management unit and fishing year, EFH, determined that the FMP is consistent Approximately 1,300 vessels are and EFH-HAPC as follows: with the national standards of the expected to qualify for the commercial Management unit – The population of Magnuson-Stevens Act and other vessel dolphin-wahoo permit. This total dolphin (Coryphaena equiselis or C. applicable laws. In making that includes strictly commercial vessels as hippurus) and wahoo (Acanthocybium determination, NMFS will take into well as those for-hire vessels that meet solandri) in the Atlantic EEZ and in account the data, views, and comments the commercial vessel permit adjoining state waters. received during the comment period. requirements. All of these 1,300 vessels Fishing year – January 1 through This proposed rule has been have documented Atlantic coast December 31. determined to be not significant for landings of dolphin and wahoo, and EFH – The Gulf Stream, Charleston purposes of E.O. 12866. most would qualify on the basis of Gyre, Florida Current, and Pelagic NMFS prepared an IRFA, based on already having Federal permits for Sargassum. the RIR, for this proposed rule. A commercial fishing in the EEZ for EFH-HAPC – Off North Carolina: the summary of the IRFA follows. snapper-grouper, king mackerel, or Point, Ten-Fathom Ledge, and Big Rock; The Magnuson-Stevens Act provides swordfish, as specified in the proposed off South Carolina: the Charleston Bump the statutory basis for the rule. The FMP. An owner may also qualify for a and Georgetown Hole; off Florida: the objectives of the proposed rule are to commercial vessel permit if he/she Point off Jupiter Inlet, the Hump off address local reduction in fish derived at least 25 percent of his/her Islamorada, Marathon Hump, and the abundance, market disruption, inter- earned income, or at least $10,000, from Wall off the Keys; and in the Atlantic sector conflict and reduced social and commercial or for-hire fishing, during EEZ: Pelagic Sargassum. economic benefits. The proposed rule one of the 3 calendar years 1996, 1997, The FMP would also specify MSY, would create permit requirements and or 1998, and the owner can document OY, MFMT, MSST. Because data for trip, bag and size limits; specify that he/she owned a vessel that landed these values are not discrete for Atlantic allowable gear; place restrictions on and sold at least 250 lb (113 kg) of dolphin and wahoo, they are based on recreational sales; and establish dolphin and/or wahoo harvested from dolphin and wahoo in the Atlantic, U.S. reporting requirements. In addition, the the Atlantic during one of the 3 calendar Caribbean, and Gulf of Mexico and are FMP would establish biological years 1996, 1997, 1998, or during the as follows: parameters that would not appear in period January 1, 1999, through May 21, MSY: Dolphin – Between 18.8 and codified text. 1999. Among the estimated 1,300 46.5 million lb (8.5 and 21.1 million kg). No duplicative, overlapping, or vessels discussed above, there are only Wahoo – Between 1.41 and 1.63 conflicting Federal rules have been a few that are expected to qualify for a million lb (.64 and .74 million kg). identified. commercial permit on the basis of OY: Dolphin – Between 14.1 and 34.9 Approximately 1,700–3,300 vessels meeting the 250–lb (113–kg) and million lb (6.4 and 15.8 million kg). and/or Florida Saltwater Product $10,000 criteria of the proposed rule. Wahoo – Between 1.41 and 1.63 Licensees (SPLs) were identified with The number of vessels that may qualify million lb (.64 and .74 million kg). logbook- or trip-ticket reported under the 250–lb (113–kg) and 25– MFMT: Dolphin and wahoo – A commercial landings of dolphin and percent earned income from fishing fishing mortality rate (F) in excess wahoo on the U.S. Atlantic coast during criteria cannot be determined since FMSY(F30%Static SPR). at least one year of the 1996–2002 information on total earned income is MSST: Dolphin and wahoo – A ratio period. This period of assessment is unavailable at this time. of current biomass (Bcurrent) to biomass at relevant since it allows identification of As many as 900 additional vessels MSY or (1–M) times BMSY, where 1–M permit qualifiers based on fishery would qualify for a commercial vessel should never be less than 0.5. participation during the January 1, 1996, permit on the basis of having federal In addition, the FMP would establish through May 21, 1999, period, as well permits for commercial fishing in the an annual cap of 1.5 million lb (.68 as identification of current participants EEZ for snapper-grouper, king mackerel, million kg) or 13 percent of total that would not be expected to qualify or swordfish. However, these vessels do landings, whichever is greater, for the for a permit. On average, the annual not have documented Atlantic coast commercial fishery for dolphin in the gross revenue by these entities varied landings of dolphin or wahoo, and, Atlantic EEZ. Should the catch exceed from $4,000 to $123,000. Of these therefore, there may be no incentive to this level, the Council would review vessels, the larger vessels participate in obtain a permit, although applications data and evaluate the need for the Atlantic Highly Migratory Species might be submitted for speculative additional regulations. (HMS) longline fishery and landed purposes. The number of vessels with approximately ten times as much snapper-grouper, king mackerel, or Availability of the FMP dolphin and wahoo as the smaller swordfish permits has declined over Additional background and rationale Southeast coastal fisheries vessels and time because each of these three permits for management of dolphin and wahoo the Florida SPLs. The smaller vessels, is either under a moratorium or limited
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62272 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
access program, and no new vessels can operating in the dolphin and wahoo longline fishery and 8–18 percent for enter the fisheries, except via transfer fisheries are considered small entities. impacted Southeast coastal vessels and and purchase of existing permits. Although the proposed rule will apply impacted Florida SPLs. There are 387–1,998 entities with to all entities that operate in the dolphin The proposed alternative for wahoo logbook or trip-ticket reported and wahoo fisheries, the proposed rule commercial trip limits is expected to commercial landings of dolphin and is expected to adversely impact from reduce gross revenues by 6–8 percent wahoo on the U.S. Atlantic coast during 23–60 percent of entities currently for 10 vessels. This dollar loss in annual at least one year of the 1996–2002 operating in the fisheries (the 387–1,998 gross revenues, $500-$1,400 per vessel, period that are not expected to qualify entities that are not expected to qualify translates directly into a loss in profits for a commercial vessel dolphin and for a permit). assuming no change in prices, trip costs wahoo permit as a result of their On average, the losses for the 387– and fishing effort. inability to meet either the harvest or 1,998 entities that are not expected to The proposed alternative for income requirements. qualify for the commercial vessel permit allowable gear is expected to reduce In addition to the commercial entities are estimated at 4–32 percent of annual fishery profits for an unknown number discussed above, approximately 6,800 gross revenue. The dollar loss in gross of vessels by $11,000 a year (total for-hire vessels on the U.S. Atlantic revenue translates into loss in vessel reduction for all such vessels coast could obtain a for-hire vessel profit, assuming no change in prices, combined). Since available data do not permit to harvest and possess, but not trip costs, and fishing effort. allow the identification of the number of sell, dolphin and wahoo caught in the Individually, these non-qualifying vessels this would impact, it is not U.S. Atlantic EEZ. Average revenues for entities had annual gross revenues from possible to determine the average charter vessels are estimated at $26,000- fishing that ranged from less than $10 to annual revenues of these vessels and, $69,000, while average revenues for $70,000 or more, and annual landings of thus, it is not possible to determine the headboats are estimated at $123,000- dolphin and wahoo that ranged from significance of this action with $300,000. less that 10 lb (4.5 kg) to 4,000 lb (1814 certainty. However, since the total To obtain a commercial vessel permit, kg) or more. It is estimated that 58–476 impact is so small, the impact of this information must be provided to out of the 387–1,998 entities that are not measure is not expected to be establish qualification, such as expected to qualify for a permit could be significant. information on total earned income and driven out of business, following a 50 The proposed alternative to prohibit fishing income in 1996, 1997, or 1998, percent-loss-in-gross criterion. the sale of recreationally caught dolphin and landings of dolphin and wahoo The requirements for the dealer, for- and wahoo, except for for-hire vessels during the period January 1, 1996, hire vessel, and operator permits are not that possess the necessary state and through May 21, 1999. All of the expected to restrict qualification for Federal commercial permits, is not required information is common in the these permits. Costs of this proposed expected to adversely impact gross successful operation of a fishing alternative will be limited to the permit revenues or profits of small entities. business and should, therefore, already fee, which is not onerous and is not Available data suggest that sales by for- be collected and maintained as standard expected to substantially affect business hire vessels are from legally permitted operating practice by the business. A profits. commercial vessels. Further, there is no dealer permit requires possession of a Thirty-three of 201 vessels in the evidence to indicate that angler demand state dealer’s license and proof that the HMS longline fishery recorded trips in for for-hire services will decline as a applicant has a physical facility at a the area where the proposed 3,000–lb result of recreational sales restrictions. fixed location in the state where the (1361–kg) dolphin trip limit would The proposed alternative to establish state license is issued. The dealer, if apply with landings in excess of the a framework procedure is not expected selected by the Science and Research proposed limit, while 53 of 1,076 to have any direct impacts on Director, must additionally report data vessels in the Southeast coastal fishery participants or profits since it merely needed to monitor the dolphin and recorded trips in the area where the establishes a structure for future action. wahoo fisheries. Qualification for a for- proposed 1,000–lb (454–kg) trip limit Additionally, the proposed alternative hire permit simply requires an would apply with landings in excess of to establish the fishing year will have no application. The requirements for the the proposed limit. Among Florida impact on fishing behavior and, various permits and reporting do not SPLs, 54 of 2,697 SPLs recorded trips therefore, have no impact on business require professional skills, and, exceeding the 1,000–lb (454–kg) trip profits. therefore, may be deemed not to be limit. As a result of the proposed limits, The impact of the proposed onerous on the affected participants. the HMS longline vessels could alternatives to establish recreational There are two general classes of small experience losses in annual gross dolphin and wahoo bag limits, and business entities that would be directly revenue of approximately $2,100- recreational dolphin minimum size affected by the proposed rule: $3,100, while the vessels in the limits on for-hire profits cannot be commercial fishing vessels and for-hire Southeast coastal fishery and Florida determined. Although the proposed bag (charter vessel or headboat) fishing SPLs could experience losses in annual and size limits are expected to restrict vessels. The Small Business gross revenue of approximately $800- the harvest behavior of some Administration defines a small business $6,100. The dollar loss in gross revenue recreational anglers, there are that engages in the charter fishing as a translates into a dollar loss in annual insufficient data to establish the impact firm that is independently owned and profit, assuming no change in prices, of these measures on angler demand for operated, is not dominant in its field of costs and fishing effort. The annual for-hire services and, hence, revenues or operation, and has annual receipts up to gross revenue for the impacted vessels profits. $6.0 million per year. The revenue averaged $185,000 per vessel for the The proposed dolphin minimum size benchmark for a small business that HMS longline fishery, and $14,000- limit is expected to reduce ex-vessel engages in commercial fishing is a firm $33,000 for the Southeast coastal fishery revenues of commercial fishing with receipts up to $3.5 million. Based vessels and Florida SPLs. The projected operations that operate off Georgia and on the revenue profiles provided above, losses, therefore, equate to 1–2 percent Florida by approximately 3 percent. In all commercial and for-hire entities for impacted vessels in the HMS itself, this is not expected to be
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62273
significant. It cannot be determined, not applying to headboats. For wahoo, proposed measures would be however, how this restriction will the rejected alternatives would provide eliminated/avoided. However, the status interact with the proposed trip limits. (1) no bag limit (no action alternative), quo alternatives would not meet the The proposed prohibition of surface or (2) a bag limit of 2 fish per person per Council’s objectives. and pelagic longline gear for dolphin day, excluding captain and crew, The proposed alternative that and wahoo during time and area whereas the proposed alternative would establishes the commercial dolphin trip closures in the South Atlantic is not establish a bag limit of 2 fish per person limit is expected to cause direct expected to result in any reduction in per day. negative economic impacts, as described profits for current participants. It is not Respecting the minimum size (fork above, and has, in addition to a no- expected that any vessels would attempt length) for possession and landing of action alternative, an alternative that to operate in this manner since they dolphin that is caught in the Atlantic would specify a trip limit of from 1,000 would have to give up their more EEZ, the rejected alternatives would to 5,000 lb (454 to 2,268 kg). Depending valuable Highly Migratory Species provide (1) no minimum size (no-action upon the amount specified, the 1,000– permit in order to do so. Available data alternative), or (2) an 18–24 inch 5,000 lb (454–2,268 kg) trip limit may indicate that vessels cannot profitably minimum size, whereas the preferred have more or less negative economic operate exclusively for dolphin and alternative would establish a 20 inch impact than the proposed 1,000/3,000– wahoo. minimum size for Florida and Georgia, lb (454/1,361–kg) trip limit, which is Among the 14 separate actions in the and no minimum size limit farther expected to result in an annual loss of proposed rule, 11 are not expected to north. $96,000. A 1,000–lb (454–kg) trip limit result in significant economic impacts. Compared with the respective no- would result in an expected loss of Seven of the 11 actions have only two action alternatives, the impact of other $157,000 per year, while 3,000–lb alternatives, the proposed action and alternatives to establish recreational (1,361–kg) and 5,000–lb (2,268–kg) trip status quo, and they have previously dolphin and wahoo bag limits, and limits will result in losses of $50,000 been discussed. For the four alternatives dolphin minimum size limits on for-hire and $22,000 per year, respectively. with more than two alternatives, the profits cannot be determined. Although Thus, the proposed alternative will alternatives are as follows: the proposed bag and size limits are result in a lower loss than a 1,000–lb The rejected alternatives respecting expected to restrict the harvest behavior (454–kg) limit, while the 3,000–lb the sale of recreationally-caught fish of some recreational anglers, there is (1,361–kg) limit will reduce the annual include (1) unregulated sale (no-action insufficient data to establish the impact loss by $46,000 and the 5,000–lb (2,268– alternative), (2) a 3–5 year phase out of of these measures on angler demand for kg) limit will reduce the annual loss by sale by for-hire vessels with necessary for-hire services and, hence, revenues or $74,000. NMFS concluded, however, commercial permits, and (3) no sale, profits. None of these actions is that the more liberal limits would not whereas the preferred alternative would expected to have a significant economic best achieve the goals of the FMP. allow sale by for-hire vessels with the impact on for-hire vessels. While the In conclusion, the proposed rule necessary commercial permits. The preferred alternative for minimum size would affect all entities that operate in proposed alternative would have less limits for dolphin is expected to reduce the dolphin and wahoo fisheries and all economic impact on small entities than ex-vessel revenue in Georgia and such entities are small entities. Further, the 3–5 year phase out and no-sale Florida for commercial vessels when the proposed rule is expected to alternatives. Compared with the no- compared with the no-action option, the adversely impact from 23–60 percent of action alternative, the proposed economic impact on small entities is not the small entities currently operating in alternative is not expected to have a expected to be significant. The proposed the commercial dolphin and wahoo significant economic impact on for-hire action covers just the EEZ off Georgia fishery. Those entities expected to be vessels. Available data suggests that and Florida, whereas the rejected adversely impacted by the proposed sales by for-hire vessels are from legally alternatives would apply to the entire rule are expected to experience, on permitted commercial vessels. Further, Atlantic EEZ. The rejected alternative average, an estimated 4–32 percent there is no evidence to indicate that would cover a larger area than the reduction in annual gross revenue. angler demand for for-hire services will proposed action and, therefore would be These losses are expected to result in decline as a result of the sales more restrictive. Further, although an 58–476 vessels potentially being driven restrictions. NMFS determined that the 18- or 19–inch minimum size limit out of business, following a 50 percent- proposed alternatives would best meet would be less restrictive than the loss-in-gross criterion. Additionally, the FMP objectives. proposed 20–inch minimum size, the approximate 1,300 vessels/SPLs that are To limit the possession and landing of rejected alternative would also allow for projected to qualify for the proposed dolphin and wahoo that are a minimum size limit that is more permit are expected to experience losses recreationally caught in the Atlantic restrictive than the proposed action, i.e., in profits of 1–18 percent attributable to EEZ, bag and/or boat limits are limits greater than 20 inches. NMFS the proposed dolphin trip limits. proposed. For dolphin, the rejected determined that the respective proposed Copies of the IRFA and RIR are alternatives would provide (1) no bag or alternatives for the bag and size limits available upon request (see ADDRESSES). boat limit (no-action alternative), (2) a would best meet FMP objectives. Notwithstanding any other provision boat limit of 18–60 fish, (3) a daily bag The proposed alternatives that specify of law, no person is required to respond limit of 5–10 fish per person, excluding the requirement for and qualifications of to, nor shall a person be subject to a captain and crew on for-hire vessels, or the commercial permit and establish the penalty for failure to comply with, a (4) a daily bag limit of 10 fish per person commercial wahoo trip limit are collection of information subject to the or 60 fish per boat, whichever is less expected to cause direct negative requirements of the Paperwork (with the 60 fish boat limit not applying economic impacts, as described above, Reduction Act unless that collection of north of 39o North (Delaware Bay, but have only status quo measures (no- information displays a currently valid Delaware). The proposed alternative action alternative) as considered OMB control number. would establish a bag limit of 10 fish alternatives. Since maintaining the This rule contains collection-of- per person per day, or 60 fish per vessel, status quo would impose no new information requirements subject to the whichever is less, with the vessel limit restriction, the adverse impacts of the Paperwork Reduction Act (PRA) and
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62274 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
that have been submitted to OMB for collections of information are necessary PART 600—MAGNUSON-STEVENS approval. These requirements and the for the proper performance of the ACT PROVISIONS estimated public reporting burden for functions of the agency, including them are: 20 minutes for a charter whether the information has practical 1. The authority citation for part 600 vessel/headboat permit application or utility; the accuracy of the burden continues to read as follows: commercial vessel permit application; estimates; ways to enhance the quality, Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 60 minutes for commercial vessel utility, and clarity of the information to et seq. records including a listing of landings; be collected; and ways to minimize the 2. In § 600.10, definitions are added in 5 minutes for a request to add the burdens of the collection of information, alphabetical order to read as follows: commercial vessel permit or charter including through the use of automated vessel permit to a vessel already holding collection techniques or other forms of § 600.10 Definitions. other vessel permits; 5 minutes for a information technology. Send comments * * * * * dealer permit application; 60 minutes regarding these or any other aspects of Automatic reel means a reel that for an operator permit application; 12 the collections of information to NMFS remains attached to a vessel when in minutes for a vessel catch and effort and OMB (see ADDRESSES). use from which a line and attached report; 2 minutes per form to prepare a List of Subjects hook(s) are deployed. The line is payed no-fishing report; and 15 minutes for a out from and retrieved on the reel dealer monthly report of dolphin and 50 CFR Part 600 electrically or hydraulically. wahoo receipts and prices. * * * * * The requirement for a commercial Administrative practice and vessel or charter vessel/headboat permit procedure, Confidential business Pelagic longline means a longline that automatically makes the permit holder information, Fisheries, Fishing, Fishing is suspended by floats in the water subject to a requirement that the vessel vessels, Foreign relations, column and that is not fixed to or in display its official number. This Intergovernmental relations, Penalties, contact with the ocean bottom. requirement has also been submitted to Reporting and recordkeeping * * * * * OMB for approval. The reporting burden requirements, Statistics. 3. In § 600.725, in paragraph (v) table, for the display of a vessel’s official 50 CFR Part 622 under heading ‘‘I. New England Fishery number is estimated at 45 minutes per Management Council (NEFMC),’’ add Fisheries, Fishing, Puerto Rico, response. entry 24; under heading ‘‘II. Mid- Reporting and recordkeeping The estimates of public reporting Atlantic Fishery Management Council requirements, Virgin Islands. burdens for these collections of (MAFMC),’’ add entry 28; and under information include the time for Dated: October 27, 2003. heading ‘‘III. South Atlantic Fishery reviewing instructions, searching Rebecca Lent, Management Council,’’ add entry 24; existing data sources, gathering and Deputy Assistant Administrator for new entries are added in numerical maintaining the data needed, and Regulatory Programs, National Marine order to read as follows: completing and reviewing the collection Fisheries Service. of information. For the reasons set out in the § 600.725 General prohibitions. NMFS seeks your comments preamble, 50 CFR parts 600 and 622 are * * * * * regarding: Whether these proposed proposed to be amended as follows: (v) * * *
Fishery Authorized gear types
I. New England Fishery Management Council (NEFMC)
******* 24. Dolphin/wahoo fishery (FMP managed by SAFMC) Automatic reel, bandit gear, handline, pelagic longline, rod and reel, spear (including powerheads). II. Mid-Atlantic Fishery Management Council (MAFMC)
******* 28. Dolphin/wahoo fishery (FMP managed by SAFMC) Automatic reel, bandit gear, handline, pelagic longline, rod and reel, spear (including powerheads). III. South Atlantic Fishery Management Council (SAFMC)
******* 24. Dolphin/wahoo fishery (FMP managed by SAFMC) Automatic reel, bandit gear, handline, pelagic longline, rod and reel, spear (including powerheads). *******
PART 622—FISHERIES OF THE 5. In § 622.1, the first sentence of (b) This part governs conservation and CARIBBEAN, GULF, AND SOUTH paragraph (b) is revised and in Table 1, management of species included in the ATLANTIC the following entry is added in FMPs in or from the Caribbean, Gulf, alphabetical order to read as follows: Mid-Atlantic, South Atlantic, or 4. The authority citation for part 622 Atlantic EEZ, as indicated in Table 1 of continues to read as follows: § 622.1 Purpose and scope. this section. * * * Authority: 16 U.S.C. 1801 et seq. * * * * *
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62275
TABLE 1.—FMPS IMPLEMENTED UNDER PART 622
Responsible fishery Geographical FMP title management council(s) area
******* FMP for the Dolphin and Wahoo Fishery off the Atlantic States ...... SAFMC Atlantic
*******
6. In § 622.2, in the definition of (1) * * * South Atlantic rock shrimp issued ‘‘Coastal migratory pelagic fish,’’ (i) * * * under this section. paragraph (4) and the definition of (E) Atlantic dolphin and wahoo. (See (B) An operator of a vessel that has or ‘‘Dealer’’ are revised, and definitions of paragraph (a)(5) of this section for the is required to have a charter vessel/ ‘‘Atlantic,’’ ‘‘Dolphin,’’ ‘‘North requirements for operator permits in the headboat or commercial permit for Atlantic,’’ ‘‘Pelagic longline,’’ and dolphin and wahoo fishery.) Atlantic dolphin and wahoo issued ‘‘Whaoo’’ are added in alphabetical * * * * * under this section. order to read as follows: (2) * * * (ii) A person required to have an (xii) Atlantic dolphin and wahoo. (A) operator permit under paragraph § 622.2 Definitions and acronyms. For a person aboard a vessel to be (a)(5)(i) of this section must carry on * * * * * eligible for exemption from the bag and board such permit and one other form Atlantic means the North Atlantic, possession limits for dolphin or wahoo of personal identification that includes Mid-Atlantic, and South Atlantic. in or from the Atlantic EEZ or to sell a picture (driver’s license, passport, * * * * * such dolphin or wahoo, a commercial etc.). Coastal migratory pelagic fish * * * vessel permit for Atlantic dolphin and (iii) An owner of a vessel that is (4) Dolphin, Coryphaena hippurus wahoo must be issued to the vessel and required to have a permitted operator (Gulf of Mexico only). must be on board, except as provided in under paragraph (a)(5)(i) of this section * * * * * paragraph (a)(2)(xii)(B) of this section. must ensure that at least one person Dealer (in addition to the definition (See paragraph (a)(5) of this section for with a valid operator permit is aboard specified in § 600.10 of this chapter) the requirements for operator permits in while the vessel is at sea or offloading. means the person who first receives the Atlantic dolphin and wahoo (iv) An owner of a vessel that is rock shrimp harvested from the EEZ or fishery). required to have a permitted operator dolphin or wahoo harvested from the (B) The provisions of paragraph under paragraph (a)(5)(i) of this section Atlantic EEZ upon transfer ashore. (a)(2)(xii)(A) of this section and the operator of such vessel are Dolphin means the species notwithstanding, a fishing vessel, except responsible for ensuring that a person Coryphaena equiselis or C. hippurus, or a vessel operating as a charter vessel or whose operator permit is suspended, a part thereof, in the Atlantic. (See the headboat, that does not have a revoked, or modified pursuant to definition of Coastal migratory pelagic commercial vessel permit for Atlantic subpart D of 15 CFR part 904 is not fish for dolphin in the Gulf of Mexico.) dolphin and wahoo but has a Federal aboard that vessel. * * * * * commercial vessel permit in any other * * * * * North Atlantic means the Atlantic fishery, is exempt from the bag and (g) Transfer—(1) Vessel permits, Ocean off the Atlantic coastal states possession limits for dolphin and licenses, and endorsements and dealer from the boundary between the United wahoo and may sell dolphin and permits. A vessel permit, license, or States and Canada to the boundary wahoo, subject to the trip and endorsement or a dealer permit issued between the New England Fishery geographical limits specified in under this section is not transferable or Management Council and the MAFMC, § 622.44(f)(2). (A charter vessel/ assignable, except as provided in as specified in § 600.105(a) of this headboat permit is not a commercial paragraph (m) of this section for a chapter. vessel permit.) commercial vessel permit for Gulf reef * * * * * * * * * * fish, in paragraph (n) of this section for Pelagic longline means a longline that (4) Dealer permits. For a dealer to a fish trap endorsement, in paragraph is suspended by floats in the water receive Gulf reef fish, golden crab (o) of this section for a Gulf king column and that is not fixed to or in harvested from the South Atlantic EEZ, mackerel gillnet endorsement, in contact with the ocean bottom. South Atlantic snapper-grouper, rock paragraph (p) of this section for a red * * * * * shrimp harvested from the South snapper license, in paragraph (q) of this Wahoo means the species Atlantic EEZ, dolphin or wahoo section for a commercial vessel permit Acanthocybium solandri, or a part harvested from the Atlantic EEZ, or for king mackerel, in paragraph (r) of thereof, in the Atlantic. wreckfish, a dealer permit for Gulf reef this section for a charter vessel/ * * * * * fish, golden crab, South Atlantic headboat permit for Gulf coastal 7. In § 622.4, the first sentence of snapper-grouper, rock shrimp, Atlantic migratory pelagic fish or Gulf reef fish, paragraph (a)(4), paragraphs (a)(5), dolphin and wahoo, or wreckfish, in paragraph (s) of this section for a (g)(1), and the last sentence of paragraph respectively, must be issued to the commercial vessel permit for dolphin (i) are revised, and paragraphs dealer. * * * and wahoo, in § 622.17(c) for a (a)(1)(i)(E), (a)(2)(xii), and (s) are added (5) Operator permits. (i) The following commercial vessel permit for golden to read as follows: persons are required to have operator crab, in § 622.18(e) for a commercial permits: vessel permit for South Atlantic § 622.4 Permits and fees. (A) An operator of a vessel that has or snapper-grouper, or in § 622.19(e) for a (a) * * * is required to have a valid permit for commercial vessel permit for South
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62276 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
Atlantic rock shrimp. A person who information required in paragraph such record as specified in paragraph acquires a vessel or dealership who (b)(3)(ii) of this section and (a)(2) of this section. desires to conduct activities for which a documentation of earned income and (2) Reporting deadlines. (i) Completed permit, license, or endorsement is landings, as specified in paragraph fishing records required by paragraphs required must apply for a permit, (s)(1)(ii) of this section. The landings (a)(1)(i), (ii), (iv), and (vi) of this section license, or endorsement in accordance requirement must be documented by a must be submitted to the SRD with the provisions of this section. If the listing of landings by date, species, postmarked not later than 7 days after acquired vessel or dealership is amount, and dealer. Only qualifying the end of each fishing trip. * * * currently permitted, the application landings verified by reports received or * * * * * dealer records dated on or before June must be accompanied by the original (b) Charter vessel/headboat owners 21, 1999, by the following would permit and a copy of a signed bill of sale and operators—(1) Coastal migratory qualify: (1) Fishing vessel logbooks or equivalent acquisition papers. pelagic fish, reef fish, snapper-grouper, received by the Science and Research * * * * * and Atlantic dolphin and wahoo. The Director of either the NMFS’ Southeast (i) * * * An operator of a vessel in a owner or operator of a vessel for which or Northeast Fisheries Science Centers; fishery in which an operator permit is a charter vessel/headboat permit for (2) state trip ticket systems; or (3) for required must present his/her operator Gulf coastal migratory pelagic fish, landings not covered by vessel logbook permit and one other form of personal South Atlantic coastal migratory pelagic or state trip ticket system requirements, identification that includes a picture fish, Gulf reef fish, South Atlantic dealer records accompanied by signed (driver’s license, passport, etc.) for snapper-grouper, or Atlantic dolphin affidavits. Dealer records must inspection upon the request of an and wahoo has been issued, as required definitively show dates and amounts of authorized officer. under § 622.4(a)(1), or whose vessel landings of the species known as * * * * * fishes for or lands such coastal dolphin and/or wahoo and the vessel’s (s) Commercial vessel permits for migratory pelagic fish, reef fish, name, official number, or other Atlantic dolphin and wahoo—(1) snapper-grouper, or Atlantic dolphin or reference that clearly identifies the Eligibility. (i) An owner of a vessel may wahoo in or from state waters adjoining vessel. Dealer records must contain a obtain a commercial vessel permit for the applicable Gulf, South Atlantic, or sworn affidavit by the dealer confirming Atlantic dolphin and wahoo if his/her Atlantic EEZ, who is selected to report the accuracy and authenticity of the vessel has a Federal commercial permit by the SRD must maintain a fishing records. A sworn affidavit is a written for king mackerel, South Atlantic record for each trip, or a portion of such statement wherein the individual snapper-grouper, or Atlantic swordfish. trips as specified by the SRD, on forms signing the affidavit affirms that the (ii) An owner may also obtain a provided by the SRD and must submit information presented is accurate and commercial vessel permit for Atlantic such record as specified in paragraph can be substantiated, under penalty of dolphin and wahoo if he/she-- (b)(2) of this section. (A) Derived at least 25 percent of his/ law. Only landings that were harvested, landed, and sold in compliance with * * * * * her earned income, or at least $10,000, (c) * * * from commercial fishing (i.e., harvest state and Federal regulations will be (8) Atlantic dolphin and wahoo. (i) A and first sale of fish) or from charter used to establish eligibility. (4) Transfer. An owner of a vessel that dealer who has been issued a permit for vessel/headboat fishing during one of has a commercial vessel permit for Atlantic dolphin and wahoo, as required the 3 calendar years 1996, 1997, or Atlantic dolphin and wahoo may under § 622.4(a)(4), and who is selected 1998; and request that the RA transfer the permit by the SRD must provide information on (B) Owned a vessel that landed and to another vessel owned by the same receipts of Atlantic dolphin and wahoo sold at least 250 lb (113 kg) of dolphin entity or he/she may request that the RA and prices paid on forms available from and/or wahoo harvested from the transfer the permit to a new owner of the SRD. The required information must Atlantic during one of the 3 calendar the vessel when he/she transfers be submitted to the SRD at monthly years 1996, 1997, 1998, or during the ownership of the vessel. Such request intervals postmarked not later than 5 period January 1, 1999, through May 21, must be accompanied by the existing days after the end of each month. 1999. permit and an application for a permit Reporting frequencies and reporting (2) Applications based on permits for for the replacement vessel. deadlines may be modified upon king mackerel, South Atlantic snapper- 8. In § 622.5, paragraphs (a)(1)(vi) and notification by the SRD. grouper, or Atlantic swordfish. A vessel (c)(8) are added, and the first sentence owner who desires a commercial vessel (ii) For the purposes of paragraph of paragraph (a)(2)(i) and paragraph (c)(8)(i) of this section, in the states from permit for Atlantic dolphin and wahoo (b)(1) are revised to read as follows: based on having one of the permits Maine through Virginia, or in the waters specified in paragraph (s)(1)(i) of this § 622.5 Recordkeeping and reporting. off those states, ‘‘SRD’’ means the section must submit a request for the Science and Research Director, * * * * * Northeast Fisheries Science Center, addition of Atlantic dolphin and wahoo (a) * * * to his/her permit to the RA. (1) * * * NMFS, (see Table 1 of § 600.502 of this (3) Applications based on earned (vi) Atlantic dolphin and wahoo. The chapter), or a designee. income/landings. (i) A vessel owner owner or operator of a vessel for which (iii) On demand, a dealer who has who desires a commercial vessel permit a commercial permit for Atlantic been issued a dealer permit for Atlantic for Atlantic dolphin and wahoo based dolphin and wahoo has been issued, as dolphin and wahoo, as required under on the earned income and landings required under § 622.4 (a)(2)(xii), or § 622.4(a)(4), must make available to an criteria in paragraph (s)(1)(ii) of this whose vessel fishes for or lands Atlantic authorized officer all records of section must submit an application for dolphin or wahoo in or from state offloadings, purchases, or sales of such permit to the RA. Application waters adjoining the Atlantic EEZ, who dolphin and wahoo. forms are available from the RA. is selected to report by the SRD must * * * * * (ii) Information requested on the maintain a fishing record on a form 9. In § 622.7, paragraph (b) is revised application includes the standard available from the SRD and must submit to read as follows:
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules 62277
§ 622.7 Prohibitions. (h) Dolphin in the Atlantic off Florida a commercial permit for Atlantic * * * * * and off Georgia—20 inches (50.8 cm), dolphin and wahoo has been issued, as (b) Falsify information on an fork length. required under § 622.4(a)(2)(xii), and application for a permit, license, or 12. In § 622.38, paragraph (a) is that has on board a pelagic longline endorsement or submitted in support of revised to read as follows: must post inside the wheelhouse the sea turtle handling and release guidelines such application, as specified in § 622.38 Landing fish intact. § 622.4(b), (g), (p), (q), (r), or (s), or in provided by NMFS. Such owner or § 622.18, or in § 622.19. * * * * * operator must also comply with the sea (a) The following must be maintained turtle bycatch mitigation measures, * * * * * with head and fins intact: Cobia, king 10. In § 622.35, the section heading is including gear requirements and sea mackerel, and Spanish mackerel in or turtle handling requirements, as revised and paragraph (h) is added to from the Gulf, Mid-Atlantic, or South read as follows: specified in § 635.21(c)(5)(i) and (ii) of Atlantic EEZ, except as specified for this chapter, respectively. For the § 622.35 Atlantic EEZ seasonal and/or area king mackerel in paragraph (g) of this purpose of this paragraph, a vessel is closures. section; dolphin and wahoo in or from considered to have pelagic longline gear * * * * * the Atlantic EEZ; South Atlantic on board when a power-operated snapper-grouper in or from the South (h) Dolphin/wahoo closed areas. (1) If longline hauler, a mainline, floats Atlantic EEZ, except as specified in pelagic longline gear is on board a capable of supporting the mainline, and paragraph (h) of this section; yellowtail vessel, a person aboard such vessel may leaders (gangions) with hooks are on snapper in or from the Caribbean EEZ; not fish for or retain a dolphin or board. Removal of any one of these and finfish in or from the Gulf EEZ, wahoo— elements constitutes removal of pelagic except as specified in paragraphs (c) and (i) In the Northeastern United States longline gear. (d) of this section. Such fish may be closed area from June 1 through June 30 15. In § 622.44, paragraph (f) is added eviscerated, gilled, and scaled, but must each year. The Northeastern United to read as follows: otherwise be maintained in a whole States closed area is that portion of the condition. § 622.44 Commercial trip limits. EEZ between 40° N. lat. and 39° N. lat. from 68° W. long. to 74° W. long. * * * * * * * * * * (f) Atlantic dolphin and wahoo. (1) (ii) In the Charleston Bump closed 13. In § 622.39, paragraph (f) is added The following trip limits apply to a area from February 1 through April 30 to read as follows: vessel that has a Federal commercial each year. The Charleston Bump closed § 622.39 Bag and possession limits. permit for Atlantic dolphin and wahoo, area is that portion of the EEZ off North * * * * * provided that the vessel is not operating Carolina, South Carolina, and Georgia (f) Atlantic dolphin and wahoo. Bag as a charter vessel or headboat: between 34° N. lat. and 31° N. lat. and ° and possession limits are as follows: (i) Dolphin—(A) In or from the west of 76 W. long. (1) Dolphin—10, not to exceed 60 per Atlantic EEZ north of 31° N. lat., 3,000 (iii) In the East Florida Coast closed vessel, whichever is less, except, on lb (1,361 kg). area year round. The East Florida Coast board a headboat, 10 per paying (B) In or from the Atlantic EEZ south closed area is that portion of the EEZ off passenger. of 31° N. lat,, 1,000 lb (454 kg). Georgia and the east coast of Florida (2) Wahoo—2. (ii) Wahoo. In or from the Atlantic from the inner boundary of the EEZ at 14. In § 622.41, paragraph (c)(1)(v) is EEZ, 500 lb (227 kg). ° ° 31 N. lat.; thence due east to 78 W. revised and paragraph (l) is added to (2) The trip limit for a vessel that does ° long.; thence by a rhumb line to 28 17’ read as follows: not have a Federal commercial vessel ° N. lat., 79 12’ W. long.; thence permit for Atlantic dolphin and wahoo § 622.41 Species specific limitations. proceeding in a southerly direction but has a Federal commercial vessel along the outer boundary of the EEZ to * * * * * permit in any other fishery is 200 lb (91 ° ° 24 N. lat.; thence due west to 24 N. (c) * * * kg) of dolphin and wahoo, combined, ° ′ lat., 81 47 W. long.; thence due north to (1) * * * provided that all fishing on and the innermost boundary of the EEZ at (v) Cobia in the Mid-Atlantic and landings from that trip are north of 39° 81°47′ W. long. South Atlantic EEZ and little tunny in ° ′ N. lat. (A charter vessel/headboat permit (2) A vessel is considered to have the South Atlantic EEZ south of 34 37.3 is not a commercial vessel permit.) pelagic longline gear on board when a N. lat.—automatic reel, bandit gear, 16. In § 622.45, paragraph (i) is added power-operated longline hauler, a handline, rod and reel, and pelagic to read as follows: mainline, floats capable of supporting longline. the mainline, and gangions with hooks * * * * * § 622.45 Restrictions on sale/purchase. are on board. Removal of any one of (l) Atlantic dolphin and wahoo—(1) * * * * * these elements constitutes removal of Authorized gear. The following are the (i) Atlantic dolphin and wahoo. (1) A pelagic longline gear. only authorized gear types in the person may sell dolphin or wahoo (3) If a vessel is in a closed area fisheries for dolphin and wahoo in the harvested in the Atlantic EEZ only if it during a time specified in paragraph Atlantic EEZ: Automatic reel, bandit is harvested by a vessel that has a (h)(1) of this section with pelagic gear, handline, pelagic longline, rod and commercial permit for Atlantic dolphin longline gear on board, it is a rebuttable reel, and spearfishing gear (including and wahoo, as required under presumption that fish on board such powerheads). A person aboard a vessel § 622.4(a)(2)(xii)(A), or by a vessel vessel were taken with pelagic longline in the Atlantic EEZ that has on board authorized a 200–lb (91–kg) trip limit gear in the closed area. gear types other than authorized gear for dolphin or wahoo, as specified in 11. In § 622.37, paragraph (h) is added types may not possess a dolphin or § 622.44(f)(2), and only to a dealer who to read as follows: wahoo. has a permit for Atlantic dolphin or (2) Sea turtle protection measures wahoo, as required under § 622.4(a)(4). § 622.37 Size limits. applicable to pelagic longliners. The (2) In addition to the provisions of * * * * * owner or operator of a vessel for which paragraph (i)(1) of this section, a person
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62278 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Proposed Rules
may not sell dolphin in excess of the 17. In § 622.48, paragraph (m) is definitions and other status bag limit or any wahoo harvested in the added to read as follows: determination criteria, time frame for Atlantic EEZ by a vessel while it was recovery of Atlantic dolphin or wahoo operating as a charter vessel or § 622.48 Adjustment of management if overfished, fishing year (adjustment measures. headboat. not to exceed 2 months), authority for * * * * * the RA to close a fishery when a quota (3) Dolphin or wahoo harvested in the is reached or is projected to be reached Atlantic EEZ may be purchased only by (m) Atlantic dolphin and wahoo. or reopen a fishery when additional a dealer who has a permit for Atlantic Biomass levels, age-structured analyses, MSY, OY, ABC, TAC, trip limits, quota becomes available, definitions of dolphin and wahoo and only from a essential fish habitat, and essential fish vessel authorized to sell dolphin or minimum sizes, gear regulations and restrictions, permit requirements, habitat HAPCs or Coral HAPCs. wahoo under paragraph (i)(1) or (i)(2) of seasonal or area closures, sub-zones and [FR Doc. 03–27515 Filed 10–31–03; 8:45 am] this section. their management measures, overfishing BILLING CODE 3510–22–S
VerDate jul<14>2003 14:57 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1 62279
Notices Federal Register Vol. 68, No. 212
Monday, November 3, 2003
This section of the FEDERAL REGISTER November 19 and 20 Dated: October 29, 2003. contains documents other than rules or Lee Ann Carpenter, Closed Session proposed rules that are applicable to the Committee Liaison Officer. public. Notices of hearings and investigations, committee meetings, agency decisions and 5. Discussion of matters properly [FR Doc. 03–27564 Filed 10–31–03; 8:45 am] rulings, delegations of authority, filing of classified under Executive Order 12958, BILLING CODE 3510–JT–M petitions and applications and agency dealing with U.S. export control statements of organization and functions are programs and strategic criteria related examples of documents appearing in this thereto. DEPARTMENT OF COMMERCE section. A limited number of seats will be International Trade Administration available for the public session. DEPARTMENT OF COMMERCE Reservations are not accepted. To the Antidumping or Countervailing Duty extent time permits, members of the Order, Finding, or Suspended Bureau of Industry and Security public may present oral statements to Investigation; Opportunity To Request Information Systems Technical the Committee. The public may submit Administrative Review Advisory Committee; Notice of written statements at any time before or AGENCY: Import Administration, Partially Closed Meeting after the meeting. However, to facilitate International Trade Administration, distribution of public presentation Department of Commerce. The Information Systems Technical materials to Committee members, the ACTION: Advisory Committee (ISTAC) will meet Notice of opportunity to request Committee suggests that public administrative review of antidumping or on November 19 and 20, 2003, 9 a.m., presentation materials or comments be countervailing duty order, finding, or in the Herbert C. Hoover Building, forwarded before the meeting to the suspended investigation. Room 3884, 14th Street between address listed below: Pennsylvania Avenue and Constitution Ms. Lee Ann Carpenter, Advisory Background Avenue, NW., Washington, DC. The Committees MS: 1099D, U.S. Committee advises the Office of the Each year during the anniversary Department of Commerce, 14th St. & Assistant Secretary for Export month of the publication of an Constitution Ave., NW., Washington, Administration on technical questions antidumping or countervailing duty DC 20230. that affect the level of export controls order, finding, or suspension of applicable to information systems The Assistant Secretary for investigation, an interested party, as equipment and technology. Administration, with the concurrence of defined in section 771(9) of the Tariff the delegate of the General Counsel, Act of 1930, as amended, may request, November 19 formally determined on October 28, in accordance with section 351.213 (2002) of the Department of Commerce Public Session 2003, pursuant to section 10(d) of the Federal Advisory Committee Act, as (the Department) Regulations, that the 1. Opening remarks and amended (5 U.S.C. app. 2 sec. 10(d)), Department conduct an administrative introductions. that the portion of this meeting dealing review of that antidumping or countervailing duty order, finding, or with pre-decisional changes to the 2. Comments or presentations by the suspended investigation. Commerce Control List and U.S. export public. Opportunity to Request a Review: Not control policies shall be exempt form 3. Field Programmable Gate Arrays later than the last day of November the provisions relating to public overview. 2003, interested parties may request meetings found in 5 U.S.C. app. 2 sec. administrative review of the following 4. Sample industry export compliance 10(a)(1) and 10(a)(3). For more training. orders, findings, or suspended information, contact Lee Ann Carpenter investigations, with anniversary dates in on 202–482–2583. November for the following periods:
Periods
Antidumping Duty Proceedings Argentina: Barbed Wire & Barbless Fencing Wire, A–357–405 ...... 11/1/02–10/31/03 Brazil: Circular Welded Non-Alloy Steel Pipe, A–351–809 ...... 11/1/02–10/31/03 Hungary: Sulfanilic Acid, A–437–804 ...... 5/6/02–10/31/03 Kazakhstan: Certain Hot-Rolled Carbon Steel Flat Products, A–834–806 ...... 11/1/02–10/31/03 Mexico: Circular Welded Non-Alloy Steel Pipe, A–201–805 ...... 11/1/02–10/31/03 Netherlands: Certain Hot-Rolled Carbon Steel Flat Products, A–421–807 ...... 11/1/02–10/31/03 Portugal: Sulfanilic Acid, A–471–806 ...... 5/6/02–10/31/03 Republic of Korea: Circular Welded Non-Alloy Steel Pipe, A–580–809 ...... 11/1/02–10/31/03 Romania: Certain Hot-Rolled Carbon Steel Flat Products, A–485–806 ...... 11/1/02–10/31/03 Taiwan: Certain Hot-Rolled Carbon Steel Flat Products, A–583–835 ...... 11/1/02–10/31/03 Circular Welded Non-Alloy Steel Pipe, A–583–814 ...... 11/1/02–10/31/03 Collated Roofing Nails, A–583–826 ...... 11/1/02–11/18/02
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62280 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Periods
Thailand: Certain Hot-Rolled Carbon Steel Flat Products, A–549–817 ...... 11/2/02–10/31/03 The People’s Republic of China: Certain Hot-Rolled Carbon Steel Flat Products, A–570–865 ...... 11/1/02–10/31/03 Collated Roofing Nails, A–570–850 ...... 11/1/02–11/18/02 Fresh Garlic, A–570–831 ...... 11/1/02–10/31/03 Paper Clips, A–570–826 ...... 11/1/02–10/31/03 Pure Magnesium in Granular Form, A–570–864 ...... 11/1/02–10/31/03 Ukraine: Certain Hot-Rolled Carbon Steel Flat Products, A–823–811 ...... 11/1/02–10/31/03 Countervailing Duty Proccedings Hungary: Sulfanilic Acid, C–437–805 ...... 3/4/02–12/31/02 Suspension Agreements Ukraine: Certain Cut-to-Length Carbon Steel, A–823–808 ...... 11/1/02–10/31/03
In accordance with section 351.213(b) parties to serve a copy of their requests ACTION: Notice of initiation of five-year of the regulations, an interested party as to the Office of Antidumping/ (‘‘sunset’’) reviews. defined by section 771(9) of the Act may Countervailing in accordance with request in writing that the Secretary § 351.303(f)(l)(i) of the regulations, a SUMMARY: In accordance with section conduct an administrative review. For copy of each request must be served on 751(c) of the Tariff Act of 1930, as both antidumping and countervailing every party on the Department’s service amended (‘‘the Act’’), the Department of duty reviews, the interested party must list. Commerce (‘‘the Department’’) is specify the individual producers or The Department will publish in the automatically initiating five-year exporters covered by an antidumping Federal Register a notice of ‘‘Initiation (‘‘sunset’’) reviews of the antidumping finding or an antidumping or of Administrative Review of duty orders listed below. The Antidumping or Countervailing Duty countervailing duty order or suspension International Trade Commission (‘‘the Order, Finding, or Suspended agreement for which it is requesting a Commission’’) is publishing Investigation’’ for requests received by review, and the requesting party must concurrently with this notice its notice the last day of November 2003. If the state why it desires the Secretary to of Institution of Five-Year Reviews review those particular producers or Department does not receive, by the last day of November 2003, a request for covering these same antidumping duty exporters. If the interested party intends orders. for the Secretary to review sales of review of entries covered by an order, merchandise by an exporter (or a finding, or suspended investigation FOR FURTHER INFORMATION CONTACT: producer if that producer also exports listed in this notice and for the period Martha V. Douthit, Office of Policy, merchandise from other suppliers) identified above, the Department will Import Administration, International which were produced in more than one instruct the Customs Service to assess Trade Administration, U.S. Department country of origin and each country of antidumping or countervailing duties on of Commerce, at (202) 482–5050, or origin is subject to a separate order, then those entries at a rate equal to the cash Mary Messer, Office of Investigations, the interested party must state deposit of (or bond for) estimated U.S. International Trade Commission, at specifically, on an order-by-order basis, antidumping or countervailing duties (202) 205–3193. which exporter(s) the request is required on those entries at the time of SUPPLEMENTARY INFORMATION: intended to cover. entry, or withdrawal from warehouse, for consumption and to continue to As explained in Antidumping and The Department’s Regulation Countervailing Duty Proceedings: collect the cash deposit previously Assessment of Antidumping Duties, 69 ordered. The Department’s procedures for the FR 23954 (May 6, 2003), the Department This notice is not required by statute conduct of sunset reviews are set forth has clarified its practice with respect to but is published as a service to the in 19 CFR 351.218. Guidance on the collection of final antidumping international trading community. methodological or analytical issues duties on imports of merchandise where Dated: October 29, 2003. relevant to the Department’s conduct of intermediate firms are involved. The Holly A. Kuga, sunset reviews is set forth in the public should be aware of this Acting Deputy Assistant Secretary, Group II Department’s Policy Bulletin 98:3— clarification in determining whether to for Import Administration. Policies Regarding the Conduct of Five- request an administrative review of [FR Doc. 03–27599 Filed 10–31–03; 8:45 am] year (‘‘Sunset’’) Reviews of merchandise subject to antidumping BILLING CODE 3510–DS–P Antidumping and Countervailing Duty findings and orders. See also the Import Orders; Policy Bulletin, 63 FR 18871 Administration Web site at http:// (April 16, 1998) (‘‘Sunset Policy www.ia.ita.doc.gov. DEPARTMENT OF COMMERCE Bulletin’’). Six copies of the request should be submitted to the Assistant Secretary for International Trade Administration Background Import Administration, International Notice of Initiation Initiation of Reviews Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & AGENCY: Import Administration, In accordance with 19 CFR 351.218(c) Constitution Avenue, NW., Washington, International Trade Administration, we are initiating sunset reviews of the DC 20230. The Department also asks Department of Commerce. following antidumping duty orders:
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62281
DOC case No. ITC case No. Country Product
A–570–851 ...... 731–TA–777 China ...... Certain Preserved Mushrooms. A–337–804 ...... 731–TA–776 Chile ...... Certain Preserved Mushrooms. A–533–813 ...... 731–TA–778 India ...... Certain Preserved Mushrooms. A–560–802 ...... 731–TA–779 Indonesia ...... Certain Preserved Mushrooms.
Filing Information participate from at least one domestic DEPARTMENT OF COMMERCE As a courtesy, we are making interested party by the 15-day deadline, International Trade Administration information related to sunset the Department will automatically proceedings, including copies of the revoke the antidumping duty orders [A–201–820] Sunset Regulations (19 CFR 351.218) without further review. and Sunset Policy Bulletin, the If we receive an order-specific notice Final Results of Analysis of Reference Department’s schedule of sunset of intent to participate from a domestic Prices and Clarifications and Corrections; Agreement Suspending reviews, case history information (i.e., interested party, the Department’s the Antidumping Duty Investigation on previous margins, duty absorption regulations provide that all parties Fresh Tomatoes From Mexico determinations, scope language, import wishing to participate in the sunset volumes), and service lists, available to review must file substantive responses AGENCY: Import Administration, the public on the Department’s sunset not later than 30 days after the date of International Trade Administration, Internet Web site at the following publication in the Federal Register of Department of Commerce. address: http://ia.ita.doc.gov/sunset/. the notice of initiation. The required ACTION: Notice of final results of All submissions in these sunset contents of a substantive response, on analysis of reference prices and reviews must be filed in accordance an order-specific basis, are set forth at clarifications and corrections with the Department’s regulations 19 CFR 351.218(d)(3). Note that certain concerning the agreement suspending regarding format, translation, service, the antidumping duty investigation on and certification of documents. These information requirements differ for fresh tomatoes from Mexico. rules can be found at 19 CFR 351.303. respondent and domestic interested Also, we suggest that parties check the parties. Also, note that the Department’s EFFECTIVE DATE: November 1, 2003. Department’s sunset Web site for any information requirements are distinct updates to the service lists before filing from the International Trade SUMMARY: The current agreement any submissions. The Department will Commission’s information suspending the antidumping duty make additions to and/or deletions from requirements. Please consult the investigation on imports of fresh the service lists provided on the sunset Department’s regulations for tomatoes from Mexico went into effect Web site based on notifications from information regarding the Department’s on December 16, 2002. The Department parties and participation in these conduct of sunset reviews.1 Please of Commerce is publishing this notice to reviews. Specifically, the Department consult the Department’s regulations at announce the final results of the will delete from the service lists all 19 CFR Part 351 for definitions of terms analysis of the reference prices that it parties that do not submit a substantive and for other general information conducted pursuant to section IV.G of the agreement and to clarify and correct response to the notice of initiation. concerning antidumping and certain portions of the agreement. Because deadlines in a sunset review countervailing duty proceedings at the are, in many instances, very short, we Department. FOR FURTHER INFORMATION CONTACT: urge interested parties to apply for Kristin Case or Mark Ross at (202) 482– This notice of initiation is being access to proprietary information under 3174 or (202) 482–4794, respectively; published in accordance with section administrative protective order (‘‘APO’’) Office of AD/CVD Enforcement 3, immediately following publication in 751(c) of the Act and 19 CFR 351.218(c). Import Administration, International the Federal Register of the notice of Dated: October 28, 2003. Trade Administration, U.S. Department initiation of the sunset reviews. The James J. Jochum, of Commerce, 14th Street and Constitution Avenue, NW., Washington, Department’s regulations on submission Assistant Secretary for Import DC 20230. of proprietary information and Administration. eligibility to receive access to business [FR Doc. 03–27597 Filed 10–31–03; 8:45 am] SUPPLEMENTARY INFORMATION: proprietary information under APO can BILLING CODE 3510–DS–P Results of Analysis of Reference Prices be found at 19 CFR 351.304–306. On December 4, 2002, the Department Information Required from Interested of Commerce (the Department) and Parties certain growers/exporters of fresh Domestic interested parties (defined tomatoes from Mexico signed a new in 19 CFR 351.102) wishing to agreement suspending the antidumping participate in these sunset reviews must duty investigation on imports of fresh respond not later than 15 days after the tomatoes from Mexico. See Suspension date of publication in the Federal of Antidumping Investigation: Fresh Register of the notice of initiation by Tomatoes from Mexico, 67 FR 77044 filing a notice of intent to participate. 1 A number of parties commented that these (December 16, 2002) (the 2002 The required contents of the notice of interim-final regulations provided insufficient time Agreement). As a means of preventing for rebuttals to substantive responses to a notice of intent to participate are set forth at 19 initiation, 19 CFR 351.218(d)(4). As provided in 19 price suppression or undercutting with CFR 351.218(d)(1)(ii). In accordance CFR 351.302(b), the Department will consider respect to the sale of domestic tomatoes with the Department’s regulations, if we individual requests for extension of that five-day in accordance with section 734(c)(1)(A) do not receive a notice of intent to deadline based upon a showing of good cause. of the Tariff Act of 1930, as amended
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62282 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
(the Act), the 2002 Agreement provides Appendix D, the third sentence of the DEPARTMENT OF COMMERCE for the implementation of reference last paragraph of Appendix E, and the prices below which the signatory third sentence of number four of International Trade Administration producers/exporters agree not to sell the Appendix F is: http://ia.ita.doc.gov/ [C–122–841] subject merchandise. As specified in tomato/new-agreement/documents/ section IV.G of the 2002 Agreement, the suggested_forms. Carbon and Certain Alloy Steel Wire Department agreed to conduct an 4. To correct a ministerial error, the Rod From Canada: Initiation of analysis of the reference prices in order third sentence of section A.2. of Countervailing Duty Changed to evaluate whether the 2002 Agreement Appendix D should read as follows: Circumstances Review fulfills the requirements of section For purposes of this Agreement, a 734(c)(1)(A) of the Act. Based on our condition defect is any condition defect AGENCY: Import Administration, findings, we have determined that it is listed in the chart in part A.5. below. International Trade Administration, appropriate to increase the reference 5. Appendix D, section A.5. should Department of Commerce. price for the winter season (October 23 read as follows: ACTION: Notice of initiation of changed through June 30) from $0.2108 per Under this Agreement, adjustments to circumstances review of the pound to $0.2169 per pound. The the sales price of signatory tomatoes countervailing duty order. reference price for the summer season will be permitted only for condition SUMMARY: On October 1, 2003, (July 1 through October 22) will remain defects. The term ‘‘condition defect’’ is Georgetown Steel Company (formerly at $0.172 per pound. intended to have the same definition GS Industries), Gerdau Ameristeel U.S. The new reference price for the winter recognized by the Fresh Products Inc. (formerly Co-Steel Raritan), season of $0.2169 per pound is effective Branch of the United States Department Keystone Consolidated Industries, Inc., November 1, 2003. The new box-weight of Agriculture, with the exception of and North Star Steel Texas, Inc., filed a chart, which reflects a new reference abnormal coloring, and, therefore, request for a countervailing duty price for the winter season applied to covers the following items: common box types that are shipped changed circumstances review. from Mexico to the United States, can be Condition Defects Specifically, they request that the viewed at the following URL: http:// Sunken & Discolored Areas Department of Commerce revoke the www.ia.ita.doc.gov/tomato/new- Sunburn countervailing duty order on carbon and certain alloy steel wire rod from Canada. agreement/documents/ Internal Discoloration In response, the Department of boxweightchart.html. Freezing Injury Commerce is initiating a changed Clarifications and Corrections Chilling Injury circumstances review of the After publication of the 2002 Gray Mold Rot countervailing duty order on carbon and Agreement the Department received Bacterial Soft Rot certain alloy steel wire rod from Canada. 1 several requests for clarification and it Soft/Decay Interested parties are invited to identified certain ministerial errors in Bruising comment on this notice of initiation. Nailhead Spot the 2002 Agreement. On May 21, 2003, EFFECTIVE DATE: November 3, 2003. the Department released proposed Skin Checks FOR FURTHER INFORMATION CONTACT: S. clarifications and corrections to Decayed and Moldy Stems Anthony Grasso, Import Administration, interested parties and invited them to Waxy Blister International Trade Administration, comment. The signatories of the 2002 White Core U.S. Department of Commerce, 14th Agreement filed comments on May 30, Discolored or Dried-out Jelly Around Street and Constitution Avenue, NW., 2003, proposing several modifications. Seeds Washington, DC 20230; telephone (202) No other party commented on the 6. To ensure consistency with the 482–3853. proposed clarification and corrections. actual entry documentation currently SUPPLEMENTARY INFORMATION: After reviewing the comments, the used by Canadian Customs, the Department has decided to make the Department will interpret the Background following clarifications and corrections parenthetical reference to ‘‘Landing On October 22, 2002, the Department to the 2002 Agreement: Form’’ as referring to Form B3 or the 1. To correct a ministerial error in the of Commerce (the ‘‘Department’’) Canada Customs Coding Form. published a countervailing duty order FOR FURTHER INFORMATION CONTACT 7. To correct a typographical error, the section, the telephone number for Janis on carbon and certain alloy steel wire title of Appendix F should read as rod from Canada. See Notice of Kalnins should be (202) 482–1392. follows: 2. To correct a typographical error, the Countervailing Duty Orders: Carbon and Appendix F—Suspension of first sentence of section A.2. of Certain Alloy Steel Wire Rod from Brazil Antidumping Investigation—Fresh Appendix B should read as follows: and Canada, 67 FR 64871 (October 22, When normal value is based on Tomatoes From Mexico—Procedure 2002). On October 1, 2003, the constructed value, the Department will Signatories Must Follow for Selling Department received a request from compute constructed values (CVs) for Subject Merchandise for Processing. Georgetown Steel Company (formerly each growing season based on the sum Dated: October 29, 2003. GS Industries), Gerdau Ameristeel U.S. of each respondent’s growing costs for James J. Jochum, Inc. (formerly Co-Steel Raritan), each type of tomato plus amounts for Assistant Secretary for Import Keystone Consolidated Industries, Inc., selling, general, and administrative Administration. and North Star Steel Texas, Inc., the expenses (SG&A). [FR Doc. 03–27695 Filed 10–31–03; 8:45 am] petitioners in the original investigation, 3. To correct a typographical error, the BILLING CODE 3510–DS–P that the Department initiate a changed current URL of the website identified in circumstances review for purposes of the second sentence of the third 1 The most common decays listed by the USDA revoking the countervailing duty paragraph of Appendix C, the last are pleospora rot, phoma rot, alternaria rot, and (‘‘CVD’’) order. Also the petitioners sentence of the fifth paragraph of blossom end rot. request that, upon revocation of the
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62283
CVD order, the Department fully refund having no inclusions greater than 20 Initiation of Changed Circumstances any countervailing duties deposited microns; (iv) having a carbon Review pursuant to the order. The petitioners segregation per heat average of 3.0 or Section 751(d)(1) of the Tariff Act of state that they are no longer interested better using European Method NFA 04– 1930, as amended (the ‘‘Act’’), and 19 in maintaining the countervailing duty 114; (v) having a surface quality with no CFR 351.222(g) of the Department’s order or in the imposition of CVD duties surface defects of a length greater than regulations, provide that the Department on the subject merchandise. 0.2 mm; (vi) capable of being drawn to may revoke an antidumping or Scope of the Review a diameter of 0.78 mm or larger with 0.5 countervailing duty order, in whole or or fewer breaks per ton; and (vii) The merchandise covered by this in part, after conducting a changed containing by weight the following circumstances review pursuant to review is certain hot-rolled products of elements in the proportions shown: (1) carbon steel and alloy steel, in coils, of section 751(b) of the Act and concluding 0.78 percent or more of carbon, (2) less from the available information that approximately round cross section, 5.00 than 0.01 percent of soluble aluminum, mm or more, but less than 19.00 mm, in changed circumstances exist sufficient (3) 0.040 percent or less, in the to warrant revocation or termination. solid cross-sectional diameter. aggregate, of phosphorus and sulfur, (4) Specifically excluded are steel The Department may conclude that 0.008 percent or less of nitrogen, and (5) products possessing the above-noted changed circumstances sufficient to physical characteristics and meeting the either not more than 0.15 percent, in the warrant revocation (in whole or in part) Harmonized Tariff Schedule of the aggregate, of copper, nickel and exist when producers accounting for United States (‘‘HTSUS’’) definitions for chromium (if chromium is not substantially all of the production of the (a) stainless steel; (b) tool steel; (c) high specified), or not more than 0.10 percent domestic like product to which the nickel steel; (d) ball bearing steel; and in the aggregate of copper and nickel order pertains have expressed a lack of (e) concrete reinforcing bars and rods. and a chromium content of 0.24 to 0.30 interest in the order, in whole or in part. Also excluded are (f) free machining percent (if chromium is specified). See section 782(h)(2) of the Act and steel products (i.e., products that The designation of the products as § 351.222(g)(1) of the Department’s contain by weight one or more of the ‘‘tire cord quality’’ or ‘‘tire bead quality’’ regulations. following elements: 0.03 percent or indicates the acceptability of the The petitioners state that they are more of lead, 0.05 percent or more of product for use in the production of tire producers of carbon and certain alloy bismuth, 0.08 percent or more of sulfur, cord, tire bead, or wire for use in other steel wire rod but do not identify the more than 0.04 percent of phosphorus, rubber reinforcement applications such percentage of production of the more than 0.05 percent of selenium, or as hose wire. These quality designations domestic like product they represent. At more than 0.01 percent of tellurium). are presumed to indicate that these present, the Department has no Also excluded from the scope are products are being used in tire cord, tire information on the record that the other 1080 grade tire cord quality wire rod bead, and other rubber reinforcement known domestic producers of wire rod and 1080 grade tire bead quality wire applications, and such merchandise have no interest in maintaining the rod. Grade 1080 tire cord quality rod is intended for the tire cord, tire bead, or countervailing duty order with respect defined as: (i) Grade 1080 tire cord other rubber reinforcement applications to the subject merchandise imported quality wire rod measuring 5.0 mm or is not included in the scope. However, from Canada. In particular, the more but not more than 6.0 mm in should petitioners or other interested Department does not have information cross-sectional diameter; (ii) with an parties provide a reasonable basis to on the record of this changed average partial decarburization of no believe or suspect that there exists a circumstances review that the more than 70 microns in depth pattern of importation of such products petitioners account for substantially all, (maximum individual 200 microns); (iii) for other than those applications, end- or at least 85 percent, of the production having no inclusions greater than 20 use certification for the importation of of the domestic like product. See microns; (iv) having a carbon such products may be required. Under Certain Tin Mill Products From Japan: segregation per heat average of 3.0 or such circumstances, only the importers Final Results of Changed Circumstances better using European Method NFA 04– of record would normally be required to Review, 66 FR 52109 (October 12, 2001); 114; (v) having a surface quality with no certify the end use of the imported see also, 19 CFR 351.208(c). surface defects of a length greater than merchandise. Accordingly, we are not combining this 0.15 mm; (vi) capable of being drawn to initiation with a preliminary a diameter of 0.30 mm or less with 3 or All products meeting the physical determination, pursuant to 19 CFR fewer breaks per ton, and (vii) description of subject merchandise that 351.221(c)(3)(ii). This notice of containing by weight the following are not specifically excluded are initiation will accord all interested elements in the proportions shown: (1) included in this scope. parties an opportunity to address this 0.78 percent or more of carbon, (2) less The products under investigation are proposed revocation. than 0.01 percent of aluminum, (3) currently classifiable under subheadings Pursuant to section 751(b)(1) of the 0.040 percent or less, in the aggregate, 7213.91.3010, 7213.91.3090, Act, the Department will conduct a of phosphorus and sulfur, (4) 0.006 7213.91.4510, 7213.91.4590, changed circumstances review upon percent or less of nitrogen, and (5) not 7213.91.6010, 7213.91.6090, receipt of information concerning, or a more than 0.15 percent, in the aggregate, 7213.99.0031, 7213.99.0038, request from an interested party of, a of copper, nickel and chromium. 7213.99.0090, 7227.20.0010, countervailing duty order which shows Grade 1080 tire bead quality rod is 7227.20.0020, 7227.20.0090, changed circumstances sufficient to defined as: (i) Grade 1080 tire bead 7227.20.0095, 7227.90.6051, warrant a review of the order. Pursuant quality wire rod measuring 5.5 mm or 7227.90.6053, 7227.90.6058, and to section 751(b)(4) of the Act, the more but not more than 7.0 mm in 7227.90.6059 of the HTSUS. Although Department finds the petitioners’ cross-sectional diameter; (ii) with an the HTSUS subheadings are provided statement that no further interest exists average partial decarburization of no for convenience and customs purposes, in continuing the order with respect to more than 70 microns in depth the written description of the scope of carbon and certain alloy steel wire rod (maximum individual 200 microns); (iii) this proceeding is dispositive. from Canada serves as good cause to
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62284 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
review a determination that was made Dated: October 28, 2003. Special Accommodations less than 24 months after the date of James J. Jochum, This meeting is physically accessible publication of notice of that Assistant Secretary for Import to people with disabilities. Requests for determination. Therefore, in accordance Administration. sign language interpretation or other with section 751(b)(1) of the Act, we are [FR Doc. 03–27596 Filed 10–31–03; 8:45 am] auxiliary aids should be directed to initiating a changed circumstances BILLING CODE 3510–DS–P Joanna Davis at the Mid-Atlantic review based upon the request made by Council Office (see ADDRESSES) at least the petitioners. 5 days prior to the meeting date. If, as a result of this review, we revoke DEPARTMENT OF COMMERCE the order, we intend to instruct the U.S. Dated: October 28, 2003. Customs and Border Protection (‘‘CBP’’) National Oceanic and Atmospheric Richard W. Surdi, to liquidate without regard to applicable Administration Acting Director, Office of Sustainable countervailing duties, and refund any Fisheries, National Marine Fisheries Service. estimated countervailing duties [I.D. 102803D] [FR Doc. E3–00151 Filed 10–30–03; 8:45 am] collected on, all unliquidated entries of BILLING CODE 3510–22–S the merchandise subject to the order, as Mid-Atlantic Fishery Management described above under the ‘‘Scope of the Council (MAFMC); Public Meeting Review’’ section, entered, or withdrawn DEPARTMENT OF COMMERCE AGENCY: National Marine Fisheries from warehouse, for consumption on or Service (NMFS), National Oceanic and after February 8, 2002, i.e., the National Oceanic and Atmospheric Atmospheric Administration (NOAA), publication date of the Department’s Administration Commerce. preliminary determination (see National Sea Grant Review Panel Preliminary Affirmative Countervailing ACTION: Notice of public meeting. Duty Determination: Carbon and Certain AGENCY: National Oceanic and SUMMARY: The Joint Mid-Atlantic Alloy Steel Wire Rod from Canada, 67 Fishery Management Council (MAFMC) Atmospheric Administration, FR 5984). We will also instruct CBP to and the Atlantic States Marine Fisheries Commerce. pay interest on such refunds with Commission’s (ASMFC) Summer ACTION: Notice of public meeting. respect to the subject merchandise Flounder, Scup, and Black Sea Bass entered, or withdrawn from warehouse, SUMMARY: This notice sets forth the for consumption on or after October 22, Industry Advisors will hold a public schedule and proposed agenda of a 2002, in accordance with section 778 of meeting. forthcoming meeting of the Sea Grant the Act. The current requirement for a DATES: The meeting will be held on Review Panel. The meeting will have cash deposit of estimated countervailing Thursday, November 20, 2003 from 9 several purposes. Panel members will duties on the subject merchandise will a.m. until 4 p.m. discuss and provide advice on the continue unless, and until, we publish ADDRESSES: The meeting will be held at National Sea Grant College Program in a final determination to revoke in the Sheraton BWI, 7032 Elm Road, the areas of program evaluation, whole. Baltimore, MD; telephone: 410–859– strategic planning, education and extension, science and technology Public Comment 3300. Council address: Mid-Atlantic Fishery programs, and other matters as Interested parties are invited to Management Council, Room 2115, 300 described below: comment on the initiation of this S. New Street, Dover, DE 19904. DATES: The announced meeting is changed circumstances review. Parties ASMFC, 1444 Eye Street, NW, 6th Floor, scheduled during two days: Wednesday, who submit argument in this proceeding Washington, DC 20005. November 12, 8:30 a.m. to 6 p.m.; are requested to submit with the Thursday, November 13, 8:30 a.m. to 3 argument (1) a statement of the issue, FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, Executive Director, p.m. and (2) a brief summary of the ADDRESSES: U.S. Department of argument. All written comments may be MAFMC, telephone: 302–674–2331, ext. 19.; Vince O’Shea, Executive Director, Commerce, Herbert C. Hoover Building, submitted by interested parties not later 14th & Constitution Avenue, Northwest, than 14 days after the date of ASMFC, telephone: 202–289–6400, ext. 304. Rooms 1414 and 1412, respectively, publication of this notice in accordance Washington, DC 20230. with 19 CFR 351.303, with the SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: Dr. exception that only three (3) copies purpose of this meeting is to discuss the Francis M. Schuler, Designated Federal need be served on the Department, and 2004 recreational management measures Official, National Sea Grant College shall be served on all interested parties for summer flounder, scup, and black Program, National Oceanic and on the Department’s service list in sea bass. Atmospheric Administration, 1315 East- accordance with 19 CFR 351.303. Although non-emergency issues not The Department will publish in the contained in this agenda may come West Highway, Room 11837, Silver Federal Register a notice of preliminary before this group for discussion, those Spring, Maryland 20910, (301) 713– results of changed circumstances issues may not be the subject of formal 2445. review, in accordance with 19 CFR action during this meeting. Action will SUPPLEMENTARY INFORMATION: The Panel, 351.221(c)(3), which will set forth the be restricted to those issues specifically which consists of a balanced factual and legal conclusions upon identified in this notice and any issues representation from academia, industry, which our preliminary results are based, arising after publication of this notice state government and citizens groups, and a description of any action that require emergency action under was established in 1976 by section 209 proposed based on those results. section 305(c) of the Magnuson-Stevens of the Sea Grant Improvement Act This notice is published in Fishery Conservation and Management (Public Law 94–461, 33 U.S.C. 1128). accordance with section 751(b)(1) of the Act, provided the public has been The Panel advises the Secretary of Act and sections 351.216 and 351.222 of notified of the Council’s intent to take Commerce and the Director of the the Department’s regulations. final action to address the emergency. National Sea Grant College Program
VerDate jul<14>2003 17:13 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62285
with respect to operations under the Detector (SWSD) for Rapid office, contains the following: (1) Type Act, and such other matters as the Identification and Characterization of of review requested, e.g. new, revision, Secretary refers to them for review and Biological Agents’’. extension, existing or reinstatement; (2) advice. The agenda for the meeting is as ADDRESSES: Requests for information Title; (3) Summary of the collection; (4) follows: about the invention cited should be Description of the need for, and proposed use of, the information; (5) Wednesday, November 12, 2003 directed to the Naval Research Laboratory, Code 1004, 4555 Overlook Respondents and frequency of 1:15 p.m.—5:30 p.m. Avenue, SW., Washington, DC 20375– collection; and (6) Reporting and/or 1:15 p.m.—Opening Remarks 5320, and must include the Navy Case Recordkeeping burden. OMB invites 1:30 p.m.—NOAA Research Review number. public comment. The Department of 2:15 p.m.—Executive Committee Report Education is especially interested in 2:45 p.m.—Break FOR FURTHER INFORMATION CONTACT: Paul public comment addressing the 3 p.m.—State of Sea Grant Regeon, Acting Head, Technology following issues: (1) Is this collection 3:45 p.m.—Sea Grant Association Transfer Office, NRL Code 1004, 4555 necessary to the proper functions of the Report Overlook Avenue, SW., Washington, DC Department; (2) will this information be 4:15 p.m.—Panel’s Communication 20375–5320, telephone (202) 767–7230. processed and used in a timely manner; Review Committee Update Due to temporary U.S. Postal Service (3) is the estimate of burden accurate; 4:45 p.m.—Sea Grant College delays, please fax (202) 404–7920, e- (4) how might the Department enhance Designation Reviews mail: [email protected] or use courier the quality, utility, and clarity of the 5:15 p.m.—Sea Grant FY 2004 Budget delivery to expedite response. information to be collected; and (5) how 5:30 p.m.—Adjourn (Authority: 35 U.S.C. 207, 37 CFR part 404.) might the Department minimize the Thursday, November 13, 2003 Dated: October 28, 2003. burden of this collection on the S.K. Melancon, respondents, including through the use 8:30 a.m.—3 p.m. of information technology. 8:30 a.m.—Developing a Panel Strategy Paralegal Specialist, Office of the Judge Discussion Advocate General, Alternate Federal Register Dated: October 29, 2003. 9:30 a.m.—NOAA Deputy Assistant Liaison Officer. Angela C. Arrington, Secretary of Commerce for Oceans [FR Doc. 03–27544 Filed 10–31–03; 8:45 am] Leader, Regulatory Information Management and Atmosphere Update BILLING CODE 3810–FF–P Group, Office of the Chief Information Officer. 10 a.m.—NOAA Assistant Office of Postsecondary Education Administrator for Program Planning & Type of Review: Reinstatement. Integration DEPARTMENT OF EDUCATION Title: Financial Report for the 10:30 a.m.—National Sea Grant Office Endowment Challenge Grant Program. (NSGO) Communications Plan Notice of Proposed Information Collection Requests Frequency: Annually. 11:15 a.m.—Break Affected Public: Not-for-profit 12:45 p.m.—Debrief on the Executive AGENCY: Department of Education. institutions. Committee Meeting With VADM SUMMARY: The Leader, Regulatory Reporting and Recordkeeping Hour Lautenbacher Burden: 1:15 p.m.—NSGO Updates Information Management Group, Office of the Chief Information Officer, invites Responses: 300. 2:30 p.m.—Wrap-up Burden Hours: 900. comments on the proposed information 3 p.m.—Adjourn Abstract: The financial report requires collection requests as required by the investment data from institutions for the This meeting will be open to the Paperwork Reduction Act of 1995. public. purpose of assessing their progress in DATES: Interested persons are invited to Dated: October 28, 2003. increasing their endowment fund submit comments on or before January resources. The data is also used to Louisa Koch, 2, 2004. monitor compliance with statutory and Deputy Assistant Administrator, Office of SUPPLEMENTARY INFORMATION: Section regulatory provisions. Oceanic and Atmospheric Research. 3506 of the Paperwork Reduction Act of Requests for copies of the proposed [FR Doc. 03–27532 Filed 10–31–03; 8:45 am] 1995 (44 U.S.C. Chapter 35) requires information collection request may be BILLING CODE 3510–KA–P that the Office of Management and accessed from http://edicsweb.ed.gov, Budget (OMB) provide interested by selecting the ‘‘Browse Pending Federal agencies and the public an early Collections’’ link and by clicking on DEPARTMENT OF DEFENSE opportunity to comment on information link number 2314. When you access the collection requests. OMB may amend or information collection, click on Department of the Navy waive the requirement for public ‘‘Download Attachments’’ to view. consultation to the extent that public Notice of Availability of Government- Written requests for information should participation in the approval process Owned Invention; Available for be addressed to Vivian Reese, would defeat the purpose of the Licensing Department of Education, 400 Maryland information collection, violate State or Avenue, SW., Room 4050, Regional AGENCY: Department of the Navy, DoD. Federal law, or substantially interfere Office Building 3, Washington, DC ACTION: Notice. with any agency’s ability to perform its 20202–4651 or to the e-mail address statutory obligations. The Leader, [email protected]. Requests may also SUMMARY: The invention listed below is Regulatory Information Management be electronically mailed to the Internet assigned to the United States Group, Office of the Chief Information address [email protected] or faxed to Government as represented by the Officer, publishes that notice containing 202–708–9346. Please specify the Secretary of the Navy and is available proposed information collection complete title of the information for licensing by the Department of the requests prior to submission of these collection when making your request. Navy. Navy Case No. 84,871 entitled requests to OMB. Each proposed Comments regarding burden and/or ‘‘Scanned-Wavelength Spectroscopic information collection, grouped by the collection activity requirements
VerDate jul<14>2003 17:43 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62286 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
should be directed to Joseph Schubart at these institutions; (b) to advise the DEPARTMENT OF ENERGY his e-mail address [email protected]. President and the Secretary of Individuals who use a Education (Secretary) on the needs of Environmental Management Site- telecommunications device for the deaf HBCUs in the areas of infrastructure, Specific Advisory Board, Idaho (TDD) may call the Federal Information academic programs, and faculty and National Engineering and Relay Service (FIRS) at 1–800–877– institutional development; (c) to advise Environmental Laboratory 8339. the Secretary in the preparation of an AGENCY: Department of Energy. [FR Doc. 03–27587 Filed 10–31–03; 8:45 am] annual Federal plan for assistance to ACTION: Notice of open meeting. BILLING CODE 4000–01–P HBCUs in increasing their capacity to participate in Federal programs; (d) to SUMMARY: This notice announces a provide the President with an annual meeting of the Environmental DEPARTMENT OF EDUCATION progress report on enhancing the Management Site-Specific Advisory capacity of HBCUs to serve their Board (EM SSAB), Idaho National President’s Board of Advisors on students; and (e) to develop, in Engineering and Environmental Historically Black Colleges and Laboratory (INEEL). The Federal Universities consultation with the Department of Education and other Federal agencies, a Advisory Committee Act (Pub. L. 92– AGENCY: President’s Board of Advisors private sector strategy to assist HBCUs. 463, 86 Stat. 770) requires that public on Historically Black Colleges and notice of these meeting be announced in The purposes of the meeting are to the Federal Register. Universities, Department of Education. report on the status of recommendations DATES: ACTION: Notice of meeting. made by the Board at the May 28, 2003 Tuesday, November 18, 2003; 8 a.m.—6 p.m. Wednesday, November 19, meeting; to discuss reauthorization of SUMMARY: This notice sets forth the 2003; 8 a.m.—5 p.m. schedule and agenda of the upcoming the Higher Education Act and plans and reports from the Private Sector ADDRESSES: Willard Arts Center, 498 A meeting of the President’s Board of Street, Idaho Falls, ID 83402. Advisors on Historically Black Colleges Initiative; to consider the Board’s FOR FURTHER INFORMATION CONTACT: Ms. and Universities. This notice also annual report to the President on the Peggy Hinman, INEEL Citizen Advisory describes the functions of the Board. results of the participation of HBCUs in Board (CAB) Administrator, North Notice of this meeting is required by Federal programs; and to address other Wind, Inc., P.O. Box 51174, Idaho Falls, section 10(a)(2) of the Federal Advisory critical issues facing HBCUs. ID 83405, Phone (208) 528–8718, or visit Committee Act and is intended to notify Individuals who will need the Board’s Internet home page at the public of its opportunity to attend. accommodations for a disability in order http://www.ida.net/users/cab. Date: Wednesday, December 10, 2003. to attend the meeting (e.g., interpreting Time: 9 a.m.–3 p.m. SUPPLEMENTARY INFORMATION: services, assistive listening devices, or Purpose of the Board: The purpose of ADDRESSES: The Board will meet in material in alternative format) should the Board is to make recommendations Nashville, TN at the Radisson Hotel notify ReShone Moore at (202) 502– Opryland, 2401 Music Valley Drive, to DOE and its regulators in the areas of 7893 no later than November 26, 2003. future use, cleanup levels, waste Phone: 615–231–8804 Fax: 615–889– We will attempt to meet requests for 6328. disposition and cleanup priorities at the accommodations after this date but INEEL. FOR FURTHER INFORMATION CONTACT: Dr. cannot guarantee their availability. The Tentative Agenda: The tentative Leonard Dawson, Deputy Director to the meeting site is accessible to individuals objectives for the meeting include: Counselor to the Secretary for the White with disabilities. • To discuss a consensus House Initiative on Historically Black An opportunity for public comment is recommendation addressing the End Colleges and Universities, 1990 K Street, available on December 16, 2003, State Vision for the INEEL NW., Washington, DC 20202; telephone: • between 2 p.m. and 3 p.m. Those To receive a presentation about (202) 502–7889. members of the public interested in investigations being conducted for the SUPPLEMENTARY INFORMATION: The submitting written comments may do so Remedial Investigation and Baseline President’s Board of Advisors on at the address indicated above by Risk Assessment for Waste Area Group Historically Black Colleges and 7 Pits and Trenches, followed by CAB Monday, December 1, 2003. Universities (Board) is established discussion of reactions and concerns under Executive Order 13256, dated Records are kept of all Board • To receive a presentation of the February 12, 2002. The Board is proceedings and are available for public status of the Pit 9 Stage II excavation established (a) to report to the President inspection at the Office of the White • To receive a presentation on the annually on the results of the House Initiative on Historically Black $800K Trust Fund established as part of participation of historically black Colleges and Universities, U.S. the Settlement Agreement colleges and universities (HBCUs) in Department of Education, 1990 K Street, • To receive a status report Federal programs, including NW., Washington, DC 20006, during the addressing the Environmental recommendations on how to increase hours of 9 a.m. to 5 p.m. Management Program, implementation the private sector role, including the of the Performance Management Plan Dated: October 24, 2003. role of private foundations, in for Accelerating Cleanup at the INEEL, strengthening these institutions, with Rod Paige, and compliance with the Idaho particular emphasis on enhancing Secretary of Education, U.S. Department of Settlement Agreement institutional planning and development, Education. • Receive a status report on strengthening fiscal stability and [FR Doc. 03–27556 Filed 10–31–03; 8:45 am] shipments to the Waste Isolation Pilot financial management, and improving BILLING CODE 4000–01–M plant, followed by CAB discussion of institutional infrastructure, including reactions and concerns the use of technology, to ensure the • Receive a presentation on the Water long-term viability and enhancement of Integration Project’s Science and
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62287
Technology Strategies and Source Term DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Conceptual Model Summary • Receive a presentation on the Federal Energy Regulatory Federal Energy Regulatory Calendar Year 2002 Annual Site Commission Commission Environmental Report and provide feedback to DOE on how to [Docket No. MG04–1–000] Notice of Transfer of License and communicate with the public on this Soliciting Comments, Motions To topic SCG Pipeline, Inc.; Notice of Filing Intervene, and Protests • Review and decide whether to act October 28, 2003. on proposed amendments to the INEEL October 28, 2003. Take notice that the following CAB’s Procedures On October 8, 2003, SCG Pipeline, • Discuss strategies for conducting hydroelectric application has been filed Inc. (SCG) filed standards of conduct with the Commission and is available new member recruitment efforts under part 161 of the Commission’s Opportunities for public participation for public inspection: regulations, 18 CFR part 161 (2003). a. Application Type: Transfer of will be held Tuesday, November 18 License. from 12:15—12:45 and 5:45 to 6 p.m. SCG states that it served copies of the filing on all customers and interested b. Project No.: 9340–032. and on November 19 from 11:45 a.m. to c. Date Filed: October 20, 2003. 12 noon and 3:30 to 3:45 p.m. state commissions. d. Applicants: FPL Energy Maine Additional time may be made available Any person desiring to intervene or to Hydro LLC (FPL Energy/Transferor) and for public comment during the protest said filing should file with the Kezar Falls Hydro, LLC (Kezar/ presentations. Federal Energy Regulatory Commission, Transferee). These times are subject to change as 888 First Street, NE., Washington, DC e. Name of Project: Kezar Falls. the meeting progresses, depending on 20426, in accordance with Rules 211 f. Location: Located on the Ossippe the extent of comment offered. Please and 214 of the Commission’s Rules of River, in York and Cumberland check with the meeting facilitator to Practice and Procedure (18 CFR 385.211 Counties, Maine. g. Filed Pursuant to: Federal Power confirm these times. and 385.214). Protests will be Public Participation: This meeting is Act, 16 U.S.C. 791a–825r. open to the public. Written statements considered by the Commission in h. Applicants Contacts: Harris Rosen, may be filed with the Board facilitator determining the appropriate action to be Esq., FPL Energy Maine Hydro LLC, either before or after the meeting. taken but will not serve to make c/o FPL Energy, 700 Universe Blvd., Individuals who wish to make oral protestants parties to the proceeding. Juno Beach, FL 33408, (561) 691–7085 presentations pertaining to agenda items Any person wishing to become a party and Chad P. Clark, FPL Energy Maine should contact the Board Chair at the must file a motion to intervene. All such Hydro LLC, c/o FPL Energy, 160 Capitol address or telephone number listed motions or protests should be filed on Street, Augusta, ME 04330, (207) 623– above. Request must be received five or before the comment date, and, to the 8414 (Transferor), Wayne Rogers, Kezar days prior to the meeting and reasonable extent applicable, must be served on the Falls Hydro, LLC, c/o Maine provision will be made to include the applicant and on any other person Renewables LLC, 191 Main Street, presentation in the agenda. The Deputy designated on the official service list. Annapolis, MD 21401, (410) 268–8820 Designated Federal Officer, Jerry This filing is available for review at the (Transferee). Bowman, Assistant Manager for Commission or may be viewed on the i. FERC Contact: Regina Saizan, (202) Laboratory Development, Idaho Commission’s web site at http://www/ 502–8765. Operations Office, U.S. Department of ferc.gov, using the ‘‘FERRIS’’ link. Enter j. Deadline for filing comments and or motions: November 12, 2003. Energy is empowered to conduct the the docket number excluding the last meeting in a fashion that will facilitate All documents (original and eight three digits in the docket number field copies) should be filed with: Magalie R. the orderly conduct of business. Every to access the document. For assistance, individual wishing to make public Salas, Secretary, Federal Energy contact FERC Online Support at Regulatory Commission, 888 First comment will be provided equal time to [email protected] or toll- present their comments. Additional Street, NE., Washington, DC 20426. free at (866) 208–3676 or for TTY, Comments, protests, and time may be made available for public contact (202) 502–8659. Protests and interventions may be filed electronically comment during the presentations. interventions may be filed electronically Minutes: The minutes of this meeting via the Internet in lieu of paper; see 18 will be available for public review and via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the copying at the Freedom of Information CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s web Public Reading Room, 1E–190, Forrestal instructions on the Commission’s web site under the ‘‘e-Filing’’ link. The Building, 1000 Independence Avenue, site under the ‘‘e-Filing’’ link. The Commission strongly encourages SW., Washington, DC 20585 between 9 Commission strongly encourages electronic filings. Please include the a.m. and 4 p.m., Monday through Friday electronic filings. project number (P–9340–032) on any except Federal holidays. Minutes will comments or motions filed. Comment Date: November 12, 2003. The Commission’s Rules of Practice also be available by writing to Ms. Peggy and Procedure require all interveners Hinman, INEEL CAB Administrator, at Magalie R. Salas, filing a document with the Commission the address and phone number listed Secretary. to serve a copy of that document on above. [FR Doc. E3–00155 Filed 10–31–03; 8:45 am] each person in the official service list Issued at Washington, DC, on October 29, BILLING CODE 6717–01–P for the project. Further, if an intervener 2003. files comments or documents with the Rachel Samuel, Commission relating to the merits of an Deputy Advisory Committee Management issue that may affect the responsibilities Officer. of a particular resource agency, they [FR Doc. 03–27588 Filed 10–31–03; 8:45 am] must also serve a copy of the document BILLING CODE 6450–01–P on that resource agency.
VerDate jul<14>2003 17:08 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62288 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
k. Description of Transfer: FPL Energy filing comments, it will be presumed to l. Deadline for filing additional study and Kezar jointly seek Commission have no comments. One copy of an requests and requests for cooperating approval to transfer the license for the agency’s comments must also be sent to agency status: December 16, 2003. Kezar Falls Project from FPL Energy to the Applicant’s representatives. All documents (original and eight Kezar. copies) should be filed with: Magalie R. The purpose of the transfer is to Magalie R. Salas, Salas, Secretary, Federal Energy facilitate the sale of the project from FPL Secretary. Regulatory Commission, 888 First Energy to Kezar, pursuant to an Asset [FR Doc. E3–00152 Filed 10–31–03; 8:45 am] Street, NE., Washington, DC 20426. Purchase Agreement between FPL BILLING CODE 6717–01–P The Commission’s Rules of Practice Energy and Maine Renewables, LLC, the require all intervenors filing documents parent company of Kezar. with the Commission to serve a copy of l. Locations of Application: A copy of DEPARTMENT OF ENERGY that document on each person on the the application is available for official service list for the project. inspection and reproduction at the Federal Energy Regulatory Further, if an intervenor files comments Commission in the Public Reference Commission or documents with the Commission Room, located at 888 First Street NE., relating to the merits of an issue that Notice of Application Tendered for Room 2A, Washington, DC 20426, or by may affect the responsibilities of a Filing With the Commission and calling (202) 502–8371. This filing may particular resource agency, they must Soliciting Additional Study Requests also be viewed on the Commission’s also serve a copy of the document on Web site at http://www.ferc.gov using October 28, 2003. that resource agency. Additional study requests and the ‘‘eLibrary’’ link. Enter the docket Take notice that the following requests for cooperating agency status number excluding the last three digits in hydroelectric application has been filed may be filed electronically via the the docket number field to access the with the Commission and is available Internet in lieu of paper. The document. For assistance, call toll-free for public inspection. 1–866–208–3676 or e-mail Commission strongly encourages a. Type of Application: Original [email protected]. For TTY, electronic filings. See 18 CFR Minor License Application. call (202) 502–8659. A copy is also 385.2001(a)(1)(iii) and the instructions available for inspection and b. Project No.: 12063–001. on the Commission’s Web site (http:// reproduction at the addresses in item h. c. Date filed: October 17, 2003. www.ferc.gov) under the ‘‘e-Filing’’ link. above. d. Applicant: William Arkoosh. m. The application is not ready for m. Individuals desiring to be included e. Name of Project: Little Wood River environmental analysis at this time. on the Commission’s mailing list should Ranch II Hydroelectric Project. n. The proposed new construction so indicate by writing to the Secretary f. Location: On the Little Wood River, run-of-river project would consist of: (1) of the Commission. near the Town of Shoshone, Lincoln A 10-foot-high, 220-foot-long rock n. Comments, Protests, or Motions to County, Idaho. No lands of the United rubble diversion dam; (2) a 2,800-foot- Intervene: Anyone may submit States would be affected. long open feeder canal; (3) a concrete comments, a protest, or a motion to g. Filed Pursuant to: Federal Power intake structure having two parallel 5- intervene in accordance with the Act 16 U.S.C. 791(a)–825(r). foot-diameter, 250-foot-long steel requirements of Rules of Practice and penstocks; (4) a 60-foot-long, 20-foot- h. Applicant Contact: William Procedure, 18 CFR 385.210, 385.211, wide, 25-foot-high concrete and steel Arkoosh, 2005 Highway 26, Gooding, 385.214. In determining the appropriate power house containing two hydraulic Idaho 83330, (208) 934–5387. action to take, the Commission will Francis turbines with a total installed consider all protests or other comments i. FERC Contact: Gaylord W. capacity of 1,500 kilowatts; (5) a 3,500- filed, but only those who file a motion Hoisington, (202) 502–6032, or e-mail foot-long tailrace channel; (6) a 10,500- to intervene in accordance with the at: [email protected]. foot-long, 12.5-kilovolt transmission Commission’s Rules may become a j. Cooperating agencies: We are asking line; (7) an access road and (8) party to the proceeding. Any comments, Federal, State, local, and tribal agencies appurtenant facilities. protests, or motions to intervene must with jurisdiction and/or special o. A copy of the application is be received on or before the specified expertise with respect to environmental available for review at the Commission comment date for the particular issues to cooperate with us in the in the Public Reference Room or may be application. preparation of the environmental viewed on the Commission’s Web site at o. Filing and Service of Responsive document. Agencies who would like to http://www.ferc.gov using the Documents: Any filings must bear in all request cooperating status should follow ‘‘eLibrary’’ link. Enter the docket capital letters the title ‘‘COMMENTS’’, the instructions for filing comments number excluding the last three digits in ‘‘PROTEST’’, OR ‘‘MOTION TO described in item l below. the docket number field to access the INTERVENE’’, as applicable, and the k. Pursuant to section 4.32(b)(7) of 18 document. For assistance, contact FERC Project Number of the particular CFR of the Commission’s regulations, if Online Support at application to which the filing refers. A any resource agency, Indian Tribe, or [email protected] or toll- copy of any motion to intervene must person believes that an additional free at 1–866–208–3676, or for TTY, also be served upon each representative scientific study should be conducted in (202) 502–8659. A copy is also available of the Applicant specified in the order to form an adequate factual basis for inspection and reproduction at the particular application. for a complete analysis of the address in item h above. p. Agency Comments: Federal, State, application on its merit, the resource You may also register online at and local agencies are invited to file agency, Indian Tribe, or person must file http://www.ferc.gov/docs-filing/ comments on the described application. a request for a study with the esubscription.asp to be notified via A copy of the application may be Commission not later than 60 days from email of new filings and issuances obtained by agencies directly from the the date of filing of the application, and related to this or other pending projects. Applicant. If an agency does not file serve a copy of the request on the For assistance, contact FERC Online comments within the time specified for applicant. Support.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62289
p. With this notice, we are initiating and Chad P. Clark, FPL Energy Maine m. Individuals desiring to be included consultation with the Idaho STATE Hydro LLC, c/o FPL Energy, 160 Capitol on the Commission’s mailing list should HISTORIC PRESERVATION OFFICER Street, Augusta, ME 04330, (207) 623– so indicate by writing to the Secretary (SHPO), as required by (106, National 8414 (Transferor), Wayne Rogers, of the Commission. Historic Preservation Act, and the Messalonskee Hydro, LLC, c/o Maine n. Comments, Protests, or Motions to regulations of the Advisory Council on Renewables LLC, 191 Main Street, Intervene—Anyone may submit Historic Preservation, 36 CFR 800.4. Annapolis, MD 21401, (410) 268–8820 comments, a protest, or a motion to q. Procedural schedule: The (Transferee). intervene in accordance with the application will be processed according i. FERC Contact: Regina Saizan, (202) requirements of Rules of Practice and to the following Hydro Licensing 502–8765. Procedure, 18 CFR 385.210, .211, .214. Schedule. Revisions to the schedule will j. Deadline for filing comments and or In determining the appropriate action to be made as appropriate. motions: November 12, 2003. take, the Commission will consider all All documents (original and eight Issue Deficiency Letter—November 2003 protests or other comments filed, but copies) should be filed with: Magalie R. Issue Acceptance letter—December 2003 only those who file a motion to Salas, Secretary, Federal Energy Issue Scoping Document for intervene in accordance with the Regulatory Commission, 888 First comments—January 2004 Commission’s Rules may become a Street, NE., Washington, D.C. 20426. party to the proceeding. Any comments, Request Additional Information— Comments, protests, and February 2004 protests, or motions to intervene must interventions may be filed electronically be received on or before the specified Notice of application is ready for via the Internet in lieu of paper; see 18 environmental analysis—March 2004 comment date for the particular CFR 385.2001(a)(1)(iii) and the application. Notice of the availability of the EA— instructions on the Commission’s web May 2004 o. Filing and Service of Responsive site under the ‘‘e-Filing’’ link. The Documents—Any filings must bear in Ready for Commission’s decision on the Commission strongly encourages application—August 2004 all capital letters the title electronic filings. Please include the ‘‘COMMENTS’’, ‘‘PROTEST’’, OR Note: This schedule will vary depending project number (P–2556–050) on any upon the circumstances of the project ‘‘MOTION TO INTERVENE’’, as comments or motions filed. applicable, and the Project Number of (deficiencies, additional information, etc.) The Commission’s Rules of Practice the particular application to which the See Guidance for Publishing Hydro Licensing and Procedure require all interveners filing refers. A copy of any motion to Schedules. filing a document with the Commission intervene must also be served upon each to serve a copy of that document on Magalie R. Salas, representative of the Applicant each person in the official service list specified in the particular application. Secretary. for the project. Further, if an intervener p. Agency Comments—Federal, state, [FR Doc. E3–00153 Filed 10–31–03; 8:45 am] files comments or documents with the and local agencies are invited to file BILLING CODE 6717–01–P Commission relating to the merits of an comments on the described application. issue that may affect the responsibilities A copy of the application may be of a particular resource agency, they obtained by agencies directly from the DEPARTMENT OF ENERGY must also serve a copy of the document Applicant. If an agency does not file on that resource agency. Federal Energy Regulatory comments within the time specified for k. Description of Transfer: FPL Energy Commission filing comments, it will be presumed to and Messalonskee jointly seek have no comments. One copy of an Commission approval to transfer the Notice of Transfer of License and agency’s comments must also be sent to license for the Messalonskee Project Soliciting Comments, Motions To the Applicant’s representatives. Intervene, and Protests from FPL Energy to Messalonskee. The purpose of the transfer is to facilitate the Magalie R. Salas, October 28, 2003. sale of the project from FPL Energy to Secretary. Take notice that the following Messalonskee, pursuant to an Asset [FR Doc. E3–00154 Filed 10–31–03; 8:45 am] hydroelectric application has been filed Purchase Agreement between FPL BILLING CODE 6717–01–P with the Commission and is available Energy and Maine Renewables, LLC, the for public inspection: parent company of Messalonskee. l. Locations of Application: A copy of a. Application Type: Transfer of ENVIRONMENTAL PROTECTION the application is available for License. AGENCY b. Project No.: 2556–050. inspection and reproduction at the c. Date Filed: October 20, 2003. Commission in the Public Reference [FRL–7582–1; Docket ID Numbers: OECA– d. Applicants: FPL Energy Maine Room, located at 888 First Street NE., 2003–0138 to OECA–2003–0146] Hydro LLC (FPL Energy/Transferor) and Room 2A, Washington, DC 20426, or by Messalonskee Stream Hydro, LLC calling (202) 502–8371. This filing may Agency Information Collection (Messalonskee/Transferee). also be viewed on the Commission’s Activities: Request for Comments on e. Name of Project: Messalonskee. Web site at http://www.ferc.gov using Nine Proposed Information Collection f. Location: Located on the the ‘‘eLibrary’’ link. Enter the docket Requests (ICRs) Messalonskee Stream, a tributary of the number excluding the last three digits in AGENCY: Environmental Protection Kennebec River, in Kennebec County, the docket number field to access the Agency (EPA). Maine. document. For assistance, call toll-free ACTION: Notice. g. Filed Pursuant to: Federal Power 1–866–208–3676 or e-mail Act, 16 U.S.C. 791a–825r. [email protected]. For TTY, SUMMARY: In compliance with the h. Applicants Contacts: Harris Rosen, call (202) 502–8659. A copy is also Paperwork Reduction Act (44 U.S.C. Esq., FPL Energy Maine Hydro LLC, available for inspection and 3501 et seq.), this document announces c/o FPL Energy, 700 Universe Blvd., reproduction at the addresses in item h. that EPA is planning to submit the Juno Beach, FL 33408, (561) 691–7085 above. following nine existing, approved,
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62290 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
continuing Information Collection specifically referenced in the ICR, any that public comments, whether Requests (ICRs) to the Office of public comments received, and other submitted electronically or in paper, Management and Budget (OMB) for the information related to each ICR. will be made available for public purpose of renewing the ICRs. Before Although a part of the official docket, viewing in EPA’s electronic public submitting the ICRs to OMB for review the public docket does not include docket as EPA receives them and and approval, EPA is soliciting Confidential Business Information (CBI) without change, unless the comment comments on specific aspects of the or other information whose disclosure is contains copyrighted material, CBI, or information collections as described at restricted by statute. The official public other information whose disclosure is the beginning of SUPPLEMENTARY docket for each ICR is the collection of restricted by statute. When EPA INFORMATION. materials that is available for public identifies a comment containing viewing at the Enforcement and copyrighted material, EPA will provide DATES: Comments must be submitted on or before January 2, 2004. Compliance Docket and Information a reference to that material in the Center in the EPA Docket Center (EPA/ version of the comment that is placed in ADDRESSES: Comments may be DC), EPA West, Room B102, 1301 EPA’s electronic public docket. The submitted electronically, by mail, or Constitution Avenue, NW., Washington, entire printed comment, including the through hand delivery/courier service. DC. The EPA Docket Center Public copyrighted material, will be available Follow the detailed instructions as Reading Room is open from 8:30 a.m. to in the public docket. provided under SUPPLEMENTARY 4:30 p.m., Monday through Friday, Public comments submitted on INFORMATION, Section I.B. excluding legal holidays. The telephone computer disks that are mailed or FOR FURTHER INFORMATION CONTACT: The number for the Reading Room is (202) delivered to the docket will be contact individual for each ICR is listed 566–1744, and the telephone number for transferred to EPA’s electronic public under SUPPLEMENTARY INFORMATION, the Enforcement and Compliance docket. Public comments that are Section II.C. Docket and Information Center Docket is mailed or delivered to the Docket will SUPPLEMENTARY INFORMATION: (202) 566–1514. be scanned and placed in EPA’s 2. Electronic Access. You may access electronic public docket. Where I. General Information this document electronically through practical, physical objects will be A. How Can I Get Copies of the ICR the EPA Internet under the ‘‘Federal photographed, and the photograph will Supporting Statement and Other Register’’ listings at http:// be placed in EPA’s electronic public Related Information? www.epa.gov/fedrgstr/. You may use docket along with a brief description 1. Docket. EPA has established official EPA Dockets at http://www.epa.gov/ written by the docket staff. public dockets for these ICRs as follows: edocket/ to submit or view public For additional information about (1) NESHAP for Aerospace comments, access the index listing of EPA’s electronic public docket, visit Manufacturing and Rework Facilities the contents of the official public EPA Dockets online or see 67 FR 38102, (40 CFR Part 63, Subpart GG), Docket ID docket, and to access those documents May 31, 2002. Number OECA–2003–0146. in the public docket that are available B. How and to Whom Do I Submit (2) Standards of Performance for Air electronically. After entering the system, Comments? Emission Standards for Tanks, Surface select ‘‘search,’’ then key in the docket You may submit comments Impoundments and Containers (40 CFR identification number. electronically, by mail, or through hand Part 264, Subpart CC, and 40 CFR Part Certain types of information will not delivery/courier service. To ensure 265, Subpart CC), Docket ID Number be placed in the EPA Dockets. Information claimed as CBI, and other proper receipt by EPA, identify the OECA 2003–0142. appropriate docket identification (3) NSPS for Stationary Gas Turbines information whose disclosure is number in the subject line on the first (40 CFR Part 60, Subpart GG), Docket ID restricted by statute, which is not page of your comment. Please ensure Number OECA 2003–0143. included in the official public docket, (4) NESHAP for Benzene Emissions will not be available for public viewing that your comments are submitted from Coke By-Product Recovery Plants in EPA’s electronic public docket. EPA’s within the specified comment period. (40 CFR Part 61, Subpart L), Docket ID policy is that copyrighted material will Comments received after the close of the Number OECA 2003–0144; not be placed in EPA’s electronic public comment period will be marked ‘‘late.’’ (5) NSPS for VOC Emissions from docket but will be available only in EPA is not required to consider late Petroleum Refinery Wastewater Systems printed, paper form in the official public comments in formulating a final (40 CFR Part 60, Subpart QQQ, Docket docket. To the extent feasible, publicly decision. If you wish to submit CBI or ID Number OECA 2003–0145. available docket materials will be made information that is otherwise protected (6) NESHAP for Beryllium (40 CFR available in EPA’s electronic public by statute, please follow the instructions Part 61, Subpart C), Docket ID Number docket. When a document is selected in Section I.C. Do not use EPA Dockets OECA–2003–0138. from the index list in EPA Dockets, the or e-mail to submit CBI or information (7) NESHAP for Primary Aluminum system will identify whether the protected by statute. Reduction Plants (40 CFR Part 63, document is available for viewing in 1. Electronically. If you submit an Subpart LL), Docket ID Number OECA– EPA’s electronic public docket. electronic comment as prescribed 2003–0139. Although not all docket materials may below, EPA recommends that you (8) NESHAP for Epoxy Resin and be available electronically, you may still include your name, mailing address, Non-Nylon Polyamide Production (40 access any of the publicly available and an e-mail address or other contact CFR Part 63, Subpart W), Docket ID docket materials through the docket information in the body of your Number OECA–2003–0140. facility identified in Section I.A.1. EPA comment. Include this contact (9) NSPS for Sewage Sludge intends to work toward providing information on the outside of any disk Treatment Plants (40 CFR Part 60, electronic access to all of the publicly or CD–ROM you submit, and in any Subpart O), Docket ID Number OECA– available docket materials through cover letter accompanying the disk or 2003–0141. EPA’s electronic public docket. CD–ROM. This ensures that you can be The official public docket for each For public commenters, it is identified as the submitter of the ICR consists of the documents important to note that EPA’s policy is comment and allows EPA to contact you
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62291
in case EPA cannot read your comment number). Such deliveries are only on the first page of your response. It due to technical difficulties or needs accepted during the Docket’s normal would also be helpful if you provided further information on the substance of hours of operation as identified in the name, date, and Federal Register your comment. EPA’s policy is that EPA Section I.A.1. citation related to your comments. will not edit your comment, and any C. How Should I Submit CBI to the E. In What Information Is EPA identifying or contact information provided in the body of a comment will Agency? Particularly Interested? be included as part of the comment that Do not submit information that you Pursuant to section 3506(c)(2)(A) of is placed in the official public docket, consider to be CBI electronically the PRA, EPA specifically solicits and made available in EPA’s electronic through EPA’s electronic public docket comments and information to enable it public docket. If EPA cannot read your or by e-mail. Send or deliver to: comment due to technical difficulties information identified as CBI only to the (1) Evaluate whether the proposed and cannot contact you for clarification, contact individuals listed in Section collections of information are necessary EPA may not be able to consider your II.C.; Attention: Docket ID Number for the proper performance of the comment. (provide number). You may claim functions of the Agency, including i. EPA Dockets. Your use of EPA’s information that you submit to EPA as whether the information will have electronic public docket to submit CBI by marking any part or all of that practical utility. comments to EPA electronically is information as CBI. If you submit CBI on (2) Evaluate the accuracy of the EPA’s preferred method for receiving disk or CD ROM, mark the outside of the Agency’s estimates of the burdens of the comments. Go directly to EPA Dockets disk or CD ROM as CBI, and then proposed collections of information. at http://www.epa.gov/edocket, and identify within the disk or CD ROM the (3) Enhance the quality, utility, and follow the online instructions for specific information that is CBI. clarity of the information to be submitting comments. To access EPA’s Information so marked will not be collected. electronic public docket from the EPA disclosed except in accordance with (4) Minimize the burden of the Internet Home Page, select ‘‘Information procedures set forth in 40 CFR Part 2. collections of information on those who Sources,’’ ‘‘Dockets,’’ and ‘‘EPA In addition to one complete version of are to respond, including through the Dockets.’’ After entering the system, the comment that includes any use of appropriate automated or select ‘‘search,’’ and then key in Docket information claimed as CBI, a copy of electronic collection technologies or ID Number. The system is an the comment that does not contain the other forms of information technology, ‘‘anonymous access’’ system, which information claimed as CBI must be e.g., permitting electronic submission of means EPA will not know your identity, submitted for inclusion in the public responses. e-mail address, or other contact docket and EPA’s electronic public Burden means the total time, effort, or information unless you provide it in the docket. If you submit the copy that does financial resources expended by persons body of your comment. not contain CBI on disk or CD ROM, to generate, maintain, retain, or disclose ii. E-mail. Comments may be sent by mark the outside of the disk or CD ROM or provide information to or for a electronic mail (e-mail) to clearly that it does not contain CBI. Federal agency. This includes the time [email protected]. Provide the Information not marked as CBI will be needed to review instructions; develop, Docket ID Number when submitting included in the public docket and EPA’s acquire, install, and utilize technology your comments. In contrast to EPA’s electronic public docket without prior and systems for the purposes of electronic public docket, EPA’s e-mail notice. If you have any questions about collecting, validating, and verifying system is not an ‘‘anonymous access’’ CBI or the procedures for claiming CBI, information, processing and system. If you send an e-mail comment please consult the person identified maintaining information, and disclosing directly to the Docket without going under the section titled FOR FURTHER and providing information; adjust the through EPA’s electronic public docket, INFORMATION CONTACT. existing ways to comply with any EPA’s e-mail system automatically previously applicable instructions and D. What Should I Consider as I Prepare captures your e-mail address. E-mail requirements; train personnel to be able My Comments for EPA? addresses that are automatically to respond to a collection of captured by EPA’s e-mail system are You may find the following information; search data sources; included as part of the comment that is suggestions helpful for preparing your complete and review the collection of placed in the official public docket, and comments: information; and transmit or otherwise made available in EPA’s electronic (1) Explain your views as clearly as disclose the information. public docket. possible. iii. Disk or CD–ROM. You may submit (2) Describe any assumptions that you II. ICRs To Be Renewed comments on a disk or CD–ROM that used. A. For All ICRs you mail to the mailing address (3) Provide any technical information identified in Section I.A.1. These and/or data you used that support your An Agency may not conduct or electronic submissions will be accepted views. sponsor, and a person is not required to in WordPerfect or ASCII file format. (4) If you estimate potential burden or respond to, a collection information Avoid the use of special characters and costs, explain how you arrived at your unless it displays a currently valid OMB any form of encryption. estimate. control number. The OMB control 2. By Mail. Send your comments to (5) Provide specific examples to numbers for the Agency’s information the EPA Docket Center using the illustrate your concerns. collections are displayed at 40 CFR Part address provided in Section I.A.1.; (6) Offer alternatives. 9. Attention: Docket ID Number (provide (7) Make sure to submit your These information collection number). comments by the comment period requirements are mandatory. The 3. By Hand Delivery or Courier deadline identified. records required by New Source Service. Deliver your comments to (8) To ensure proper receipt by EPA, Performance Standards (NSPS) must be address provided in Section I.A.1; identify the appropriate docket retained by the owner or operator for at Attention: Docket ID Number (provide identification number in the subject line least two years, the records required by
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62292 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
the National Emission Standards for ID Number OECA 2003–0145; EPA (5) NSPS for VOC Emissions from Hazardous Air Pollutants (NESHAP) Preliminary ICR Number 1136.07; OMB Petroleum Refinery Wastewater Systems must be retained by the owner or Control Number 2060–0172; expiration (40 CFR Part 60, Subpart QQQ); Dan operator for at least five years, and the date September 30, 2004. Chadwick of the Office of Compliance at records required by the air emission (6) NESHAP for Beryllium (40 CFR (202) 564–7054, or via E-mail at standards at 40 CFR Part 264, Subpart Part 61, Subpart C), Docket ID Number [email protected]; EPA CC, and 40 CFR Part 265, Subpart CC, OECA–2003–0138; EPA Preliminary ICR Preliminary ICR Number 1136.07; OMB must be retained by the owner for three Number 0193.08; OMB Control Number Control Number 2060–0172; expiration years. In general, the required 2060–0092; expiration date September date September 30, 2004. information consists of emissions data 30, 2004. (6) NESHAP for Beryllium (40 CFR and other information deemed not to be (7) NESHAP for Primary Aluminum Part 61, Subpart C); Learia Williams of private. Reduction Plants (40 CFR Part 63, the Office of Compliance at (202) 564– In the absence of such information Subpart LL), Docket ID Number OECA– 4113 or via E-mail at collection requirements, enforcement 2003–0139; EPA Preliminary ICR [email protected]; EPA ICR personnel would be unable to determine Number 1767.04; OMB Control Number Number 0193.08; OMB Control Number whether the standards are being met on 2060–0360; expiration date September 2060–0092; expiration date September a continuous basis, as required by the 30, 2004. 30, 2004. Clean Air Act. (8) NESHAP for Epoxy Resin and (7) NESHAP for Primary Aluminum The Agency computed the burden for Non-Nylon Polyamide Production (40 Reduction Plants (40 CFR Part 63, each of the recordkeeping and reporting CFR Part 63, Subpart W), Docket ID Subpart LL); Learia Williams of the requirements applicable to the industry Number OECA 2003–0140; EPA Office of Compliance at (202) 564–4113 for the currently approved ICRs listed in Preliminary ICR Number 1681.05; OMB or via E-mail at [email protected]; this notice. Where applicable, the Control Number 2060–0290; expiration EPA ICR Number 1767.04; OMB Control Agency identified specific tasks and date September 30, 2004. Number 2060–0360; expiration date made assumptions, while being (9) NSPS for Sewage Sludge September 30, 2004. consistent with the concept of the Treatment Plants (40 CFR Part 60, (8) NESHAP for Epoxy Resin and Paperwork Reduction Act. Subpart O), Docket ID Number OECA– Non-Nylon Polyamide Production (40 2003–0141; EPA Preliminary ICR CFR Part 63, Subpart W); Learia B. List of ICRs To Be Submitted Number 1063.09; OMB Control Number Williams of the Office of Compliance at In compliance with the Paperwork 2060–0035; expiration date September (202) 564–4113 or via E-mail at Reduction Act (44 U.S.C. 3501 et seq.), 30, 2004. [email protected]; EPA ICR this notice announces that EPA is C. Contact Individuals for ICRs Number 1681.05; OMB Control Number planning to submit the following nine 2060–0290; expiration date September existing, approved, continuing ICRs to (1) NESHAP for Aerospace 30, 2004. the Office of Management and Budget Manufacturing and Rework Facilities (9) NSPS for Sewage Sludge (OMB): (40 CFR Part 63, Subpart GG); Leonard Treatment Plants (40 CFR Part 60, (1) NESHAP for Aerospace Lazarus of the Office of Compliance at Subpart O); Learia Williams of the Manufacturing and Rework Facilities (202) 564–6369 or via E-mail at Office of Compliance at (202) 564–4113 (40 CFR Part 63, Subpart GG); Docket ID [email protected]; EPA ICR or via E-mail at [email protected]; Number OECA–2003–0146; EPA Number 1687.06; OMB Control Number EPA ICR Number 1063.09; OMB Control Preliminary ICR Number 1687.06; OMB 2060–0314; expiration date May 31, Number 2060–0035; expiration date Control Number 2060–0314; expiration 2004. September 30, 2004. date May 31, 2004. (2) Standards of Performance for Air (2) Standards of Performance for Air Emission Standards for Tanks, Surface D. Information for Individual ICRs Emission Standards for Tanks, Surface Impoundments and Containers (40 CFR (1) NESHAP for Aerospace Impoundments and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part Manufacturing and Rework Facilities Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC); Dan Chadwick of the (40 CFR Part 63, Subpart GG), EPA 265, Subpart CC); Docket ID Number Office of Compliance at (202) 564–7054, Preliminary ICR Number 1687.06, OMB OECA 2003–0142; EPA Preliminary ICR or via E-mail at [email protected]; Control Number 2060–0314, expiration Number 1593.06; OMB Control Number EPA Preliminary ICR Number 1593.06; date May 31, 2004. 2060–0318; expiration date July 31, OMB Control Number 2060–0318; Affected Entities: Entities potentially 2004. expiration date July 31, 2004. affected by this action are owners and (3) NSPS Standard of Performance for (3) NSPS for Stationary Gas Turbines operators of aerospace manufacturing or Stationary Gas Turbines (40 CFR Part (40 CFR Part 60, Subpart GG); Rafael rework facilities. 60, Subpart GG); Docket ID Number Sanchez of the Office of Compliance at Abstract: The respondents are owners OECA 2003–0143; EPA Preliminary ICR (202) 564–7028, or via E-mail at or operators of aerospace manufacturing Number 1071.08; OMB Control Number [email protected]; EPA and rework facilities. Operations 2060–0028; expiration date July 31, Preliminary ICR Number 1071.08; OMB covered include: Cleaning, primer and 2004. Control Number 2060–0028; expiration top coat application, depainting, (4) NESHAP for Benzene Emissions date July 31, 2004. chemical milling maskant application, from Coke By-Product Recovery Plants (4) NESHAP for Benzene Emissions handling and storage of waste. 40 CFR (40 CFR Part 61, Subpart L); Docket ID from Coke By-Product Recovery Plants Part 63 Subpart GG, was promulgated Number OECA 2003–0144; EPA (40 CFR Part 61, Subpart L); Rafael on September 1, 1996. Preliminary ICR Number 1080.11; OMB Sanchez of the Office of Compliance at Affected facilities must comply with Control Number 2060–0185; expiration (202) 564–7028, or via E-mail at the recordkeeping and reporting date August 31, 2004. [email protected]; EPA requirements at 40 CFR Part 63, General (5) NSPS for VOC Emissions from Preliminary ICR Number 1080.11; OMB Provisions, including: Initial Petroleum Refinery Wastewater Systems Control Number 2060–0185; expiration notifications; performance tests; and (40 CFR Part 60, Subpart QQQ); Docket date August 31, 2004. startup, shutdown, and malfunction
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62293
reports. In addition, semiannual reports collection was 6,318 with 6,318 (4) NESHAP for Benzene Emissions are required for cleaning operations, responses per year. The annual industry from Coke By-Product Recovery Plants primer and topcoat application reporting and recordkeeping burden for (40 CFR Part 61, Subpart L); EPA operations, depainting operations, and this collection of information was Preliminary ICR Number 1080.11; OMB chemical milling maskant application 672,640 hours. Each respondent Control Number 2060–0185; expiration operations primarily involve periods of reported once per year and 106 hours date August 31, 2004. noncompliance. Annual reports are also were spent preparing each response. Affected Entities: Entities potentially required for primer and topcoat The annual reporting and recordkeeping affected by this action are owners or application operations and depainting cost burden was $1,460,000 for capital/ operators of coke by-product recovery operations, and for operations occurring startup expenses. There were no annual plants. outside the specified limits. operation and maintenance expenses. Abstract: The NESHAP Standard for Burden Statement: In the previously (3) NSPS Standard of Performance for Benzene Emissions from Coke By- approved ICR, the estimated number of Stationary Gas Turbines (40 CFR Part Product Recovery Plants (40 CFR Part respondents for this information 60, Subpart GG); EPA Preliminary ICR 61, Subpart L) was promulgated collection was 2,869 with 16,402 Number 1071.08; OMB Control Number September 14, 1989, and revised on responses per year. The annual industry 2060–0028; expiration date July 31, September 19, 1991, to allow the use of reporting and recordkeeping burden for 2004. carbon absorbers and vapor incinerators this collection of information was Affected Entities: Entities potentially as alternative means of complying with 3,737,400 hours. On the average, each affected by this action are owners and the standards for process vessels, respondent reported six times per year operators of stationary gas turbines with storage tanks and tar-intercepting and 228 hours were spent preparing heat input at peak load equal or greater sumps. The use of carbon absorbers and each response. Total estimated annual than 10.7 gigajoules per hour. vapor incinerators instead of gas reporting and recordkeeping cost Abstract: The NSPS for Stationary Gas blanketing, the control technology on burden was $561,000 of which the Turbines (40 CFR Part 60, Subpart GG) which the original standards were annualized capital/startup costs were was promulgated on September 10, based, is now optional. $240,000, and the operation and 1979. These standards require initial The General Provisions at 40 CFR Part maintenance costs were $321,000. notification, performance tests, and 61 are applicable to storage vessels and (2) Standards of Performance for Air periodic reports. In addition, owners or include notification of construction or Emission Standards for Tanks, Surface operators are required to maintain reconstruction, initial source report, Impoundments and Containers (40 CFR records of the occurrence and duration notification of physical/operational Part 264, Subpart CC, and 40 CFR Part of any startup, shutdown, or changes, and notification of the 265, Subpart CC); EPA Preliminary ICR malfunction in the operation of an anticipated and actual startup dates. Number 1593.06; OMB Control Number affected facility, or any period during The initial source report is the only 2060–0318; expiration date July 31, which the monitoring system is report that was required from existing 2004. inoperative. Owners and operators of sources. Owners or operators of vessels Affected Entities: Entities potentially stationary gas turbines subject to the equipped with the specified controls are affected by this action are owners and standard must submit a one-time-only required to submit, along with the operators of facilities that treat, store or notification of construction/ notifications required by the General dispose of hazardous waste in tanks, reconstruction, anticipated and actual Provisions, a report that describes the surface impoundments and containers. startup date, initial performance test control equipment used to comply with Abstract: The Air Emission Standards date, physical or operational changes, the standard. Owners or operators of the for Tanks, Surface Impoundments and and demonstration of a continuous affected facilities described must also Containers at 40 CFR Part 264, Subpart monitoring system. Owners and make the following one-time-only CC and 40 CFR Part 265, Subpart CC operators also must provide a report on reports: Notification of construction or were proposed on July 22, 1991 (56 FR initial performance test results, modification; notification of the 33491), and promulgated on December monitoring results and excess anticipated and actual dates of startup; 6, 1994 (59 FR 62896). Amendments to emissions. Records must be maintained initial compliance reports; notification this Subpart were added on November of startups, shutdowns, malfunctions, of emission tests; report following an 25, 1996 (61 FR 59931). periods when the continuous emission test; and notification of a Records must be kept of tank, surface monitoring system is inoperative, sulfur monitoring system performance test. In impoundment and container and nitrogen content of the fuel, fuel-to- addition, sources are required to inspections and an annual report is water ratio, and rate of fuel maintain records of the occurrence and required. The information collection is consumption. duration of any startup, shutdown, or needed by the Agency to determine: (a) Burden Statement: In the previously malfunction in the operation of an Whether a hazardous waste contains approved ICR, the estimated number of affected facility, or any period during sufficiently low concentrations of respondents for this information which the monitoring system is volatile organics to allow the waste to be collection was 775 with 1,650 responses inoperative. These notifications, reports managed in a tank, surface per year. The annual industry reporting and records are required, in general, of impoundment, or container without the and recordkeeping burden for this all sources subject to any NESHAP. use of emission controls, and (b) for collection of information was 93,439 Reporting requirements specific to units requiring emission controls, hours. On the average, each respondent benzene coke by-product recovery whether the controls are being properly reported two times per year and 57 plants include a semiannual report by operated and maintained. hours were spent preparing each affected facilities. The semiannual The data collected by the affected response. The responses were prepared reports include results of leak facility is retained at the facility for a semiannually. There were no capital/ monitoring and performance tests. minimum of three years. startup costs or operation and Respondents also are required to submit Burden Statement: In the previously maintenance costs associated with semiannual reports of measurements for approved ICR, the estimated number of continuous emission monitoring in the sources subject to a no detectable respondents for this information previous ICR. emissions limit and semiannual reports
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62294 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
summarizing the results of the leak Owners or operators of the affected and records are essential in determining detection and repair programs facilities must make initial notification compliance, and are required of all implemented at the plant. One report and maintain records of the occurrence sources subject to NESHAP. would incorporate information for both and duration of any startup, shutdown, Specifically, most facilities subject to process equipment and fugitive sources. or malfunction in the operation of an 40 CFR Part 61, Subpart C will meet the Recordkeeping and reporting affected facility, or any period during standard by means of a one-time-only requirements specific to benzene coke which the monitoring system is initial stack test. However, those by-product recovery plants for leak inoperative. The notifications, reports existing facilities that have elected to detection and repair of fugitive emission and records are required, in general, of comply with an alternative ambient air sources are those provisions specified all sources subject to NSPS standards. quality limit are required to operate a under 40 CFR 61, Subpart V. The Burden Statement: In the previously continuous monitor in the vicinity of collections under Subpart V for approved ICR, the estimated number of the affected facility. For those equipment leaks were approved by respondents for this information complying by ambient monitoring, a OMB under the ICR at OMB Control collection was 160 with 320 responses monthly report of all measured Number 2060–0068. The only difference per year. The annual industry reporting concentrations shall be submitted to the in the equipment leak requirements of and recordkeeping burden for this Administrator. All sources subject to Subpart V and this standard relates to collection of information was 36,866 this standard are required to submit the exhausters. Exhausters are subject to hours. On the average, each respondent monthly reports and on-occasion. quarterly monitoring requirements. reported two times per year and 115 Burden Statement: In the most However, quarterly monitoring is not hours were spent preparing each previously approved ICR, the estimated required if the exhauster is equipped response. The responses were prepared number of respondents for this with a seal system that has a barrier semiannually. The annual reporting and information collection was 33 with 166 fluid, the exhauster seal is loaded and recordkeeping cost burden was $57,000, responses per year, and the annual vented to a control device, or a leakless of which the capital/startup costs were industry reporting and recordkeeping exhauster is used. Exhausters are subject $1,000 and the operation and burden for this collection of information to the same recordkeeping and reporting maintenance costs were $56,000. was 2,232 hours. On the average, each provisions as other equipment subject to (6) NESHAP for Beryllium (40 CFR respondent reported five times per year Subpart V. Part 61, Subpart C); EPA Preliminary and spent 13.4 hours preparing each Burden Statement: In the previously ICR Number 0193.08; OMB Control response. approved ICR, the estimated number of Number 2060–0092; expiration date The total annualized cost over its respondents for this information September 30, 2004. expected useful life is approximately collection was 40 with 76 responses per Affected Entities: Entities potentially $35,000, which is comprised of zero year. The annual industry reporting and affected by this action are extraction capital/startup costs and operation and recordkeeping burden for this collection plants, ceramic plants, foundries, maintenance costs of approximately of information was 7,083 hours. On the incinerators, and propellant plants $35,000. It is estimated that no average, each respondent reported two which process beryllium ore, beryllium, additional sources are expected to times per year and 93 hours were spent beryllium oxide, beryllium alloys, or become subject to the standard over the preparing each response. There were no beryllium-containing waste, also next three years. capital/startup costs or operation and machine shops which process (7) NESHAP for Primary Aluminum maintenance costs associated with the beryllium, beryllium oxides, or any Reduction Plants (40 CFR Part 63, previous ICR. It should be noted that the alloy when such alloy contains more Subpart LL); EPA Preliminary ICR burden associated with the standard at than five percent beryllium by weight. Number 1767.04; OMB Control Number 40 CFR Part 61, Subpart Y, will not be Abstract: The NESHAP for Beryllium 2060–0360; expiration date September included in the forthcoming ICR, but was proposed on December 7, 1971 (36 30, 2004. has been consolidated with ICR 1854, FR 23939) and promulgated on April 6, Affected Entities: Entities potentially OMB Control Number 2060–0443. This 1973 (38 FR 8826). The monitoring, affected by this action are new or will reduce the overall burden for this recordkeeping, and reporting existing potlines, paste production ICR. requirements outlined in the standard plants, or anode bake furnaces (4) NSPS for VOC Emissions from are similar to those required for other associated with primary aluminum Petroleum Refinery Wastewater Systems NESHAP standards. production and located at a major (40 CFR Part 60, Subpart QQQ); EPA Owners or operators of the affected source, and for each new pitch storage Preliminary ICR Number 1136.07; OMB facilities are required to submit one- tank associated with a primary Control Number 2060–0172; expiration time-only notifications including: aluminum reduction plant. date September 30, 2004. notification of any physical or Abstract: The NESHAP for Primary Affected Entities: Entities potentially operational change to an existing facility Aluminum Reduction Plants (40 CFR affected by this action are owners or which may increase the regulated Part 63, Subpart LL), was proposed on operators of petroleum refinery pollutant emission rate, notification of September 26, 1996, and promulgated wastewater systems. the initial performance test, including on October 7, 1997. Abstract: The NSPS for VOC information necessary to determine the In general, all NESHAP standards Emissions From Petroleum Refinery conditions of the performance test, and require initial notifications, Wastewater Systems (40 CFR Part 60, performance test measurements and performance tests, and periodic reports Subpart QQQ) were proposed on May 4, results. according to the general provisions 1987, and promulgated on November Owners or operators are also required specified in 40 CFR Part 63, Subpart A. 23, 1988. These standards apply to to maintain records of the occurrence Owners or operators are also required to refinery wastewater systems: individual and duration of any startup, shutdown, maintain records of the occurrence and drain systems, oil-water separators, and or malfunction in the operation of an duration of any startup, shutdown, or aggregate facilities commencing affected facility, or any period during malfunction in the operation of an construction, modification or which the monitoring system is affected facility, or any period during reconstruction after the date of proposal. inoperative. These notifications, reports, which the monitoring system is
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62295
inoperative. Section 63.850 of the final The total annualized cost over its Dated: October 20, 2003. standard includes these provisions, expected useful life is approximately Michael M. Stahl, except that the existing performance $9,000, which is comprised of zero Director, Office of Compliance. specifications for continuous emission capital/startup costs and operation and [FR Doc. 03–27555 Filed 10–31–03; 8:45 am] monitors (CEMs) are not applicable to maintenance costs of approximately BILLING CODE 6560–50–P hydrogen fluoride CEMs because such $9,000. It is estimated that no additional specifications have not yet been sources will become subject to the developed for that device. In addition, standard over the next three years. ENVIRONMENTAL PROTECTION all sources are required to submit (9) NSPS for Sewage Sludge AGENCY quarterly and semiannual reports. Treatment Plants (40 CFR Part 60, [AMS–FRL–7582–4] Burden Statement: In the most Subpart O); EPA Preliminary ICR previously approved ICR, the estimated Number 1063.09; OMB Control Number California State Motor Vehicle number of respondents for the 2060–0035; expiration date September Pollution Control Standards; Request information collection was 23 with 50 30, 2004. for Waiver of Federal Preemption; responses per year, and the annual Opportunity for Public Hearing industry reporting and recordkeeping Affected Entities: Entities potentially burden for this collection of information affected by this action are each AGENCY: Environmental Protection was 121,277 hours. On the average, each incinerator that combusts wastes Agency (EPA). respondent reported two times per year containing more than 10 percent sewage ACTION: Notice of opportunity for public and spent 2,416 hours preparing each sludge (dry basis) produced by hearing and comment. response. municipal sewage treatment plants, or The total annualized cost over its each incinerator which charges more SUMMARY: The California Air Resources expected useful life is approximately than 1000 kg (2205 lb.) per day Board (CARB) has notified the EPA that $117,000, which is comprised of zero municipal sewage sludge (dry basis). it has promulgated regulations controlling emissions from off-cycle capital/startup costs and operation and Abstract: The NSPS for Sewage aggressive driving and air-conditioning maintenance costs of approximately Treatment Plants (40 CFR Part 60, $117,000. It is estimated that no new usage for motor vehicles under 8,501 Subpart O) were promulgated on pounds gross vehicle weight rating with sources per year will become subject to February 28, 1974, and amended the standard, but one existing source per a phase-in of the requirements October 6, 1975, November 10, 1977, commencing in the 2001 model year. By year will add a new affected facility. October 6, 1988, and October 17, 2000. (8) NESHAP for Epoxy Resin and letter dated January 29, 1999, CARB The monitoring, recordkeeping, and requests that the EPA provide California Non-Nylon Polyamide Production (40 reporting requirements outlined in the CFR Part 63, Subpart W); EPA with a waiver of Federal preemption standards are mandatory for compliance under section 209(b) of the Clean Air Preliminary ICR Number 1681.05; OMB with 40 CFR Part 60, NSPS for sewage Control Number 2060–0290; expiration Act, 42 U.S.C. 7543(b), for these new sludge treatment plant incinerators. date September 30, 2004. test procedures and standards. Affected Entities: Entities potentially The control of emissions of Specifically, CARB’s regulations adopt affected by this action are all existing, particulate matter from sewage the two supplemental federal test new, and reconstructed manufacturers treatment plant incinerators requires not procedures (SFTP)— the US06, high- of basic liquid epoxy resins and only the installation of properly speed, high-acceleration test; and the epichlorohydrin-modified non-nylon designed equipment, but also the SC03 air conditioner test, and associated polyamide resins, also known as wet operation and maintenance of that certification standards. This notice strength resins. equipment. announces that EPA has tentatively scheduled a public hearing concerning Abstract: The NESHAP for Epoxy These standards require initial California’s request and that EPA is Resin and Non-Nylon Polyamide notification reports with respect to accepting comments on CARB’s request. Production (40 CFR Part 63, Subpart W), construction, modification, was promulgated on March 8, 1995, and reconstruction, startups, shutdowns, DATES: EPA has tentatively scheduled a amended on May 8, 2000. and malfunctions. The standards also public hearing for December 3, 2003, In general, all NESHAP standards require reports on initial performance beginning at 10 a.m. EPA will hold a require initial notifications, tests and semiannual reports of excess hearing only if a party notifies EPA by performance tests, and periodic reports, emissions are also required. November 24, 2003, expressing its and owners or operators are also interest in presenting oral testimony required to maintain records of the Burden Statement: In the most regarding CARB’s waiver request. By occurrence and duration of any startup, previously approved ICR, the estimated November 28, 2003, any person who shutdown, or malfunction in the number of respondents for this plans to attend the hearing should call operation of an affected facility, or any information collection was 154 with 294 David Dickinson of the EPA’s period during which the monitoring responses per year. The annual industry Certification and Compliance Division system is inoperative. reporting and recordkeeping burden for at (202) 564–9256, to learn if we will Burden Statement: In the most this collection of information was 9,089 hold a hearing. Any party may submit previously approved ICR, the estimated hours. On the average, each respondent written comments by December 3, 2003. number of respondents for this reported two times per year and spent ADDRESSES: Comments may be information collection was 13 with 29 31 hours preparing each response. submitted electronically, by mail, by responses per year. The annual industry The total annualized cost over its facsimile, or through hand delivery/ reporting and recordkeeping burden for expected useful life are approximately courier. Follow the detailed instructions this collection of information was 4,525 $5,845,000. The total annualized as provided in section ‘‘B’’ of the hours. On the average, each respondent capital/startup cost is $700,000, and the SUPPLEMENTARY INFORMATION section. reported two times per year and spent annualized operation and maintenance EPA will make available for public 156 hours preparing each response. costs are approximately $5,145,000. inspection at the Air and Radiation
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62296 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Docket at EPA’s Docket Center written restricted by statute, which is not 1. Electronically. If you submit an comments received from interested included in the official public docket, electronic comment as prescribed parties, in addition to any testimony will not be available for public viewing below, EPA recommends that you given at the public hearing. The in EPA’s electronic public docket. EPA’s include your name, mailing address, reference number for this docket is policy is that copyrighted material will and an e-mail address or other contact OAR–2003–0187. Parties wishing to not be placed in EPA’s electronic public information in the body of your present oral testimony at the public docket but will be available only in comment. Also include this contact hearing should provide written notice to printed, paper form in the official public information on the outside of any disk David Dickinson at: U.S. Environmental docket. To the extent feasible, publicly or CD–ROM you submit, and in any Protection Agency, 1200 Pennsylvania available docket materials will be made cover letter accompanying the disk or Ave., NW., (6405J), Washington, DC available in EPA’s electronic public CD–ROM. This ensures that you can be 20460. Telephone: (202)564–9256. If docket. When a document is selected identified as the submitter of the EPA receives a request for a public from the index list in EPA Dockets, the comment and allows EPA to contact you hearing, the public hearing will be held system will identify whether the in case EPA cannot read your comment in the first floor conference room at 501 document is available for viewing in due to technical difficulties or needs 3rd Street, NW., Washington, DC. EPA’s electronic public docket. further information on the substance of SUPPLEMENTARY INFORMATION: Although not all docket materials may your comment. EPA’s policy is that EPA be available electronically, you may still will not edit your comment, and any A. How Can I Get Copies of This access any of the publicly available identifying or contact information Document and Other Related docket materials through the docket provided in the body of a comment will Information? facility identified in section ‘‘A.1.’’ be included as part of the comment that 1. Docket. EPA has established an For public commenters, it is is placed in the official public docket, official public docket for this action important to note that EPA’s policy is and made available in EPA’s electronic under Docket OAR–2003–0187. The that public comments, whether public docket. If EPA cannot read your official public docket consists of the submitted electronically or in paper, comment due to technical difficulties documents specifically referenced in will be made available for public and cannot contact you for clarification, this action, any public comments viewing in EPA’s electronic public EPA may not be able to consider your received, and other information related docket as EPA receives them and comment. to this action. Although a part of the without change, unless the comment i. EPA Dockets. Your use of EPA’s official docket, the public docket does contains copyrighted material, CBI, or electronic public docket to submit not include Confidential Business other information whose disclosure is comments to EPA electronically is Information (CBI) or other information restricted by statute. When EPA EPA’s preferred method for receiving whose disclosure is restricted by statute. identifies a comment containing comments. Go directly to EPA Dockets The official public docket is the copyrighted material, EPA will provide at http://www.epa.gov/edocket, and collection of materials that is available a reference to that material in the follow the online instructions for for public viewing at the Air and version of the comment that is placed in submitting comments. To access EPA’s Radiation Docket in the EPA Docket EPA’s electronic public docket. The electronic public docket from the EPA Center, (EPA/DC) EPA West, Room entire printed comment, including the Internet Home Page, select ‘‘Information B102, 1301 Constitution Ave., NW., copyrighted material, will be available Sources,’’ ‘‘Dockets,’’ and ‘‘EPA Washington, DC. The EPA Docket in the public docket. Dockets.’’ Once in the system, select Center Public Reading Room is open Public comments submitted on ‘‘search,’’ and then key in Docket ID No. from 8:30 to 4:30 p.m., Monday through computer disks that are mailed or OAR–2003–0187. The system is an Friday, excluding legal holidays. The delivered to the docket will be ‘‘anonymous access’’ system, which telephone number for the Public transferred to EPA’s electronic public means EPA will not know your identity, Reading Room is (202) 566–1744, and docket. Public comments that are e-mail address, or other contact the telephone number for the Air and mailed or delivered to the Docket will information unless you provide it in the Radiation Docket is (202) 566–1743. be scanned and placed in EPA’s body of your comment. 2. Electronic Access. You may access electronic public docket. Where ii. E-mail. Comments may be sent by this Federal Register document practical, physical objects will be electronic mail (e-mail) to www.A-and- electronically through the EPA Internet photographed, and the photograph will R-docket.epa.gov, Attention Docket ID under the ‘‘Federal Register’’ listings at be placed in EPA’s electronic public No. OAR–2003–0187. In contrast to http://www.epa.gov/fedrgstr/. docket along with a brief description EPA’s electronic public docket, EPA’s e- An electronic version of the public written by the docket staff. mail system is not an ‘‘anonymous docket is available through EPA’s access’’ system. If you send an e-mail electronic public docket and comment B. How and to Whom Do I Submit comment directly to the Docket without system, EPA Dockets. You may use EPA Comments? going through EPA’s electronic public Dockets at http://www.epa.gov/edocket/ You may submit comments docket, EPA’s e-mail system to submit or view public comments, electronically, by mail, by facsimile, or automatically captures your e-mail access the index listing of the contents through hand delivery/courier. To address. E-mail addresses that are of the official public docket, and to ensure proper receipt by EPA, identify automatically captured by EPA’s e-mail access those documents in the public the appropriate docket identification system are included as part of the docket that are available electronically. number in the subject line on the first comment that is placed in the official Once in the system, select ‘‘search,’’ page of your comment. Please ensure public docket, and made available in then key in the appropriate docket that your comments are submitted EPA’s electronic public docket. identification number. within the specified comment period. iii. Disk or CD–ROM. You may submit Certain types of information will not Comments received after the close of the comments on a disk or CD-ROM that be placed in the EPA Dockets. comment period will be marked ‘‘late.’’ you mail to the mailing address Information claimed as CBI and other EPA is not required to consider these identified in section ‘‘A. 1.’’ These information whose disclosure is late comments. electronic submissions will be accepted
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62297
in WordPerfect or ASCII file format. 1. Explain your views as clearly as procedures to control emissions from Avoid the use of special characters and possible. aggressive driving and air conditioning any form of encryption. 2. Describe any assumptions that you use. This regulatory action consisted of 2. By Mail. Send your comments to: used. amendments to CARB’s regulations U.S. Environmental Protection Agency, 3. Provide any technical information found at 13 California Code of EPA West (Air Docket), 1200 and/or data you used that support your Regulations 1960.1, 2062, and 2101 and Pennsylvania Avenue, NW., Room B108 views. the incorporated ‘‘California Exhaust Mailcode: 6102T, Washington, DC 4. If you estimate potential burden or Emission Standards and Test 20460, Attention Docket ID No. OAR– costs, explain how you arrived at your Procedures for 1988 and Subsequent 2003–0187 estimate. Model Passenger Cars, Light-Duty 3. By Hand Delivery or Courier. 5. Provide specific examples to Trucks and Medium-Duty Vehicles,’’ Deliver your comments to: EPA Docket illustrate your concerns. Center (Air Docket), Environmental 6. Offer alternatives. ‘‘California New Vehicle Compliance Protection Agency, 1301 Constitution 7. Make sure to submit your Test Procedure,’’ and ‘‘California Avenue, NW., Room B108, Washington, comments by the comment period Assembly-Line test Procedures for 1998 DC 20004, Attention Docket ID No. deadline identified. and Subsequent Model Year Passenger OAR–2003–0187. Such deliveries are 8. To ensure proper receipt by EPA, Cars, Light-Duty Trucks, and Medium- only accepted during the Docket’s identify the appropriate docket Duty Vehicles.’’ normal hours of operation as identified identification number in the subject line EPA invites comment on the in section ‘‘A.1.’’ on the first page of your response. It following issues: Whether (a) 4. By Facsimile. Fax your comments would also be helpful if you provided California’s determination that its to: (202) 566–1742, Attention Docket ID. the name, date, and Federal Register standards (including its new test No. OAR–2003–0187. citation related to your comments. procedures and associated standards C. How Should I Submit CBI to the E. Background and Discussion noted above and in its January 29, 1999, Agency? request letter) are at least as protective Section 209(a) of the Clean Air Act, as Do not submit information that you amended (‘‘Act’’), 42 U.S.C. 7543(a), of public health and welfare as consider to be CBI electronically provides: applicable federal standards is arbitrary through EPA’s electronic public docket and capricious, (b) California needs No State or any political subdivision separate standards to meet compelling or by e-mail. Send or deliver thereof shall adopt or attempt to enforce any information identified as CBI only to the standard relating to the control of emissions and extraordinary conditions, and (c) addresses noted in B. 2 or B. 3 above, from new motor vehicles or new motor California’s standards and Attention Docket ID No. OAR–2003– vehicle engines subject to this part. No state accompanying enforcement procedures 0187. You may claim information that shall require certification, inspection or any are consistent with section 202(a) of the you submit to EPA as CBI by marking other approval relating to the control of CAA? any part or all of that information as CBI emission from any new motor vehicle or new (if you submit CBI on disk or CD–ROM, motor vehicle engine as condition precedent Procedures for Public Participation mark the outside of the disk or CD–ROM to the initial retail sale, titling (if any), or registration of such motor vehicle, motor In recognition that public hearings are as CBI and then identify electronically vehicle engine, or equipment. designed to give interested parties an within the disk or CD–ROM the specific opportunity to participate in this information that is CBI). Information so Section 209(b)(1) of the Act requires proceeding, there are no adverse parties marked will not be disclosed except in the Administrator, after notice and as such. Statements by participants will accordance with procedures set forth in opportunity for public hearing, to waive 40 CFR part 2. application of the prohibitions of not be subject to cross-examination by In addition to one complete version of section 209(a) for any State that has other participants without special the comment that includes any adopted standards (other than crankcase approval by the presiding officer. The information claimed as CBI, a copy of emission standards) for the control of presiding officer is authorized to strike the comment that does not contain the emissions from new motor vehicles or from the record statements that he or information claimed as CBI must be new motor vehicle engines prior to she deems irrelevant or repetitious and submitted for inclusion in the public March 30, 1966, if the State determines to impose reasonable time limits on the docket and EPA’s electronic public that the State standards will be, in the duration of the statement of any docket. If you submit the copy that does aggregate, at least as protective of public participant. health and welfare as applicable federal not contain CBI on disk or CD–ROM, If hearing(s) are held, the Agency will standards. California is the only State mark the outside of the disk or CD–ROM make a verbatim record of the clearly that it does not contain CBI. that is qualified to seek and receive a waiver under section 209(b). The proceedings. Interested parties may Information not marked as CBI will be arrange with the reporter at the included in the public docket and EPA’s Administrator must grant a waiver hearing(s) to obtain a copy of the electronic public docket without prior unless he finds that (A) the transcript at their own expense. notice. If you have any questions about determination of the State is arbitrary Regardless of whether public hearing(s) CBI or the procedures for claiming CBI, and capricious, (B) the State does not please consult the person identified in need the State standards to meet are held, EPA will keep the record open the FOR FURTHER INFORMATION CONTACT compelling and extraordinary until December 3, 2003. Upon section. conditions, or (C) the State standards expiration of the comment period, the and accompanying enforcement Administrator will render a decision on D. What Should I Consider as I Prepare procedures are not consistent with CARB’s request based on the record of My Comments for EPA? section 202(a) of the Act. the public hearing(s), if any, relevant You may find the following CARB’s January 29, 1999, letter to the written submissions, and other suggestions helpful for preparing your Administrator notified EPA that it had information that he deems pertinent. comments: adopted new standards and test
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62298 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Dated: October 20, 2003. guidance document is intended to Act (21 U.S.C. 360e(c)), to codify FDA’s Robert Brenner, provide industry and FDA staff with modular review program for PMAs and Acting Assistant Administrator for Air and information regarding the premarket authorize FDA to assess user fees for Radiation. approval application (PMA) modular modular PMAs. In developing this [FR Doc. 03–27554 Filed 10–31–03; 8:45 am] review program. This guidance guidance, the agency has considered its BILLING CODE 6560–50–P document is immediately in effect, but experience with its modular review it remains subject to comment in program and comments on the topic that accordance with the agency’s good were submitted to the public docket on DEPARTMENT OF HEALTH AND guidance practices (GGPs). MDUFMA Implementation (Docket No. HUMAN SERVICES DATES: Submit written or electronic 02N–0534 (68 FR 5643, February 4, comments on agency guidances at any 2003)). time. Office of the Secretary II. Significance of Guidance ADDRESSES: Submit written requests for Notice of Interest Rate on Overdue This guidance is being issued single copies on a 3.5’’ diskette of the Debts consistent with FDA’s GGPs regulation guidance document entitled ‘‘Premarket (21 CFR 10.115). The guidance Approval Application Modular Review’’ Section 30.13 of the Department of represents the agency’s current thinking to the Division of Small Manufacturers, Health and Human Services’ claims on modular PMAs. It does not create or International, and Consumer Assistance collection regulations (45 CFR part 30) confer any rights for or on any person (HFZ–220), Center for Devices and provides that the Secretary shall charge and does not operate to bind FDA or the Radiological Health (CDRH), Food and an annual rate of interest as fixed by the public. An alternative approach may be Drug Administration, 1350 Piccard Dr., Secretary of the Treasury after taking used if such approach satisfies the Rockville, MD 20850. Send one self- into consideration private consumer requirements of the applicable statute addressed adhesive labels to assist that rates of interest prevailing on the date and regulations. that HHS becomes entitled to recovery. office in processing your request, or fax The rate generally cannot be lower than your request to 301–443–8818. See the III. Paperwork Reduction Act of 1995 the Department of Treasury’s current SUPPLEMENTARY INFORMATION section for This guidance contains information value of funds rate or the applicable rate information on electronic access to the collection provisions that are subject to determined from the ‘‘Schedule of guidance. review by the Office of Management and Certified Interest Rates with Range of Submit written comments concerning Budget (OMB) under the Paperwork Maturities.’’ This rate may be revised this guidance to the Division of Dockets Reduction Act of 1995 (the PRA) (44 quarterly by the Secretary of the Management (HFA–305), Food and Drug U.S.C. 3501–3520). The collections of Treasury and shall be published Administration, 5630 Fishers Lane, rm. information addressed in the guidance quarterly by the Department of Health 1061, Rockville, MD 20852. Submit document have been approved by OMB and Human Services in the Federal electronic comments to http:// in accordance with the PRA under the Register. www.fda.gov/dockets/ecomments. regulations governing PMAs (21 CFR The Secretary of the Treasury has Identify comments with the docket part 814, OMB control number 0910– certified a rate of 12% for the quarter number found in brackets in the 0231). ended September 30, 2003. This interest heading of this document. rate will remain in effect until such time FOR FURTHER INFORMATION CONTACT: IV. Comments as the Secretary of the Treasury notifies Nicole Wolanski, Center for Devices and Interested persons may submit to the HHS of any change. Radiological Health (HFZ–402), Food Division of Dockets Management (see Dated: October 27, 2003. and Drug Administration, 9200 ADDRESSES), written or electronic George Strader, Corporate Blvd., Rockville, MD 20850, comments on the guidance at any time. 301–594–2186. Submit a single copy of electronic Deputy Assistant Secretary, Finance. SUPPLEMENTARY INFORMATION: comments to http://www.fda.gov/ [FR Doc. 03–27594 Filed 10–31–03; 8:45 am] dockets/ecomments. Submit two paper BILLING CODE 4150–04–M I. Background copies of any mailed comments, except This guidance document provides that individuals may submit one copy. FDA’s recommendations about the DEPARTMENT OF HEALTH AND Comments are to be identified with the content of a modular PMA and the HUMAN SERVICES docket number found in brackets in the procedures for submitting and heading of this document. The guidance Food and Drug Administration reviewing a modular PMA. This and comments received may be seen in document supersedes and replaces the the Division of Dockets Management [Docket No. 1998D–0896] guidance document entitled ‘‘Guidance between 9 a.m. and 4 p.m., Monday for the Medical Device Industry on PMA through Friday. Guidance for Industry and Food and Shell Development and Modular Drug Administration Staff; Premarket Review’’ issued on November 6, 1998. V. Electronic Access Approval Application Modular Review; FDA is making this guidance effective To receive a copy of ‘‘Premarket Availability immediately because there is a statutory Approval Application Modular Review’’ AGENCY: Food and Drug Administration, requirement that requires immediate by fax, call the CDRH Facts-On-Demand HHS. implementation, and guidance is system at 800–899–0381 or 301–827– ACTION: Notice. needed to help effect such 0111 from a touch-tone telephone. Press implementation. On October 26, 2002, 1 to enter the system. At the second SUMMARY: The Food and Drug the Medical Device User Fee and voice prompt, press 1 to order a Administration (FDA) is announcing the Modernization Act of 2002 (MDUFMA) document. Enter the document number availability of a guidance for industry was signed into law. Section 209 of (835) followed by the pound sign (#). entitled ‘‘Premarket Approval MDUFMA amended section 515(c) of Follow the remaining voice prompts to Application Modular Review.’’ This the Federal Food, Drug, and Cosmetic complete your request.
VerDate jul<14>2003 17:17 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62299
Persons interested in obtaining a copy Parklawn Building at the address above Department of Education. In addition, of the guidance may also do so by using weekdays between 8:30 a.m. and 5 p.m. programs are expected to be consistent the Internet. CDRH maintains an entry FOR FURTHER INFORMATION CONTACT: with the current Advanced Nursing on the Internet for easy access to Irene Sandvold, Division of Nursing, Practice: Curriculum Guidelines & information including text, graphics, BHPr, HRSA, at (301) 443–6333. Program Standards for Nurse and files that may be downloaded to a SUPPLEMENTARY INFORMATION: The Practitioner Education and current personal computer with Internet access. Guidelines for Nurse Practitioner and Criteria for Evaluation of Nurse Updated on a regular basis, the CDRH Nurse-Midwifery Programs were Practitioner Programs, A Report of the home page includes device safety alerts, initially developed in 1976 through a National Task Force on Quality Nurse Federal Register reprints, information process that included consultation with Practitioner Education. Both documents on premarket submissions (including appropriate educational and are available from the National lists of approved applications and professional nursing and medical Organization of Nurse Practitioner manufacturers’ addresses), small organizations, and public comment. The Faculties, 1522 K Street, NW #702, manufacturer’s assistance, information original final guidelines were published Washington, DC 20005; telephone: (202) on video conferencing and electronic in the Federal Register (43 FR 43416) as 289–8044. At a minimum, graduates submissions, Mammography Matters, regulation on November 29, 1977. On must be prepared to meet national and other device-oriented information. August 27, 2001 HHS issued a final rule competencies established in Nurse The CDRH Web site may be accessed at in the Federal Register (66 FR 44981) Practitioner Primary Care Competencies http://www.fda.gov/cdrh. A search that rescinded and removed most of the in Specialty Areas: Adult, Family, capability for all CDRH guidance BHPr regulations, including the Gerontological, Pediatric, and Women’s documents is available at http:// previous guidelines related to nurse Health. This document is available online at http://www.nonpf.com; http:// www.fda.gov/cdrh/guidance.html. practitioner and nurse-midwifery www.aacn.nche.edu/Education/ Guidance documents are also available education programs. This action was NPCompetencies.htm; and can be on the Division of Dockets Management taken by the Department in its effort to obtained from the HRSA Information Internet site at http://www.fda.gov/ simplify government procedures. ohrms/dockets. These proposed Guidelines Center (1–800–CALL–HRSA). Nurse-Midwifery education programs implement Section 811(c) of the PHS Dated: October 8, 2003. must provide evidence of pre- Jeffrey Shuren, Act, which states that— Nurse Practitioner and nurse- accreditation or accreditation from the Assistant Commissioner for Policy. midwifery programs eligible for support American College of Nurse-Midwives [FR Doc. 03–27561 Filed 10–31–03; 8:45 am] under this section are educational (ACNM), Division of Accreditation, BILLING CODE 4160–01–S programs for registered nurses recognized for this purpose by the U.S. (irrespective of the type of school of Department of Education, prior to nursing in which the nurses received Notice of Grant Award. Programs must DEPARTMENT OF HEALTH AND comply with the following criteria, as HUMAN SERVICES their training) that— (1) Meet guidelines prescribed by the applicable: (a) the current Criteria for Pre- Secretary, and Health Resources and Services accreditation of Education Programs in Administration (2) Have as their objective the education of nurses who will upon Nurse-Midwifery and Midwifery with completion of their studies in such Guidelines for Elaboration and Proposed Revisions to Nurse Documentation of Pre-accreditation Practitioner and Nurse-Midwifery programs be qualified to effectively provide primary health care, including Criteria; or Education Program Guidelines (b) The current Criteria for primary health care in homes and in Accreditation of Education Programs in AGENCY: Health Resources and Services ambulatory care facilities, long-term Nurse-Midwifery and Midwifery with Administration, HHS. care facilities, acute care, and other Guidelines for Elaboration and ACTION: Notice of request for comments. health care settings. These Guidelines are intended to Documentation of Accreditation SUMMARY: The Health Resources and promote the quality of nurse Criteria. At a minimum, graduates of these Services Administration (HRSA) invites practitioner and nurse-midwifery programs must be prepared to meet comments on the proposed revised programs funded by the Division of national competencies established in Nurse Practitioner and Nurse-Midwifery Nursing. Definitions in these Guidelines The Core Competencies for Basic Education Program Guidelines for use in are those used by other Federal and Midwifery Practice. The above three the Advanced Education Nursing Grant State health entities. The Department documents are available from the Program. invites comments on the following ACNM at Suite 900, 818 Connecticut DATES: proposed Guidelines for the Nurse Comments must be postmarked Avenue, NW., Washington, DC 20006; Practitioner and Nurse-Midwifery by December 3, 2003. telephone: (202) 728–9860. ADDRESSES: Written comments should Education Program. Organization and Administration be submitted to the Division of Nursing, Federal Nurse Practitioner and Nurse- Bureau of Health Professions (BHPr), Midwifery Education Program A nurse practitioner or nurse- Health Resources and Services Guidelines midwifery education program should Administration (HRSA), Room 9–35, actively collaborate with nurses and Parklawn Building, 5600 Fishers Lane, Overview other health professionals who have Rockville, Maryland 20857. Nurse practitioner education expertise relevant to nurse practitioner Respondents should provide a rationale programs funded under this authority or nurse-midwifery practice and for their suggested changes or additions. are graduate level programs that can primary health care, to assist in the All comments will be available for provide evidence of accreditation from initial and ongoing planning, public inspection and copying at the a recognized body or by a State agency, implementation, and evaluation of the Division of Nursing, BHPr, Room 9–35, approved for such purpose by the U.S. program.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62300 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Student Enrollment the community in making decisions itself, it should provide for such settings All students enrolled in a nurse about its priorities and health services. through written agreements with other The curriculum must include student practitioner or nurse-midwifery appropriate institutions or preceptorships and/or other clinical education program should be licensed organizations. learning experiences. Faculty should to practice nursing— develop and assess clinical learning Definitions (a) At the time of enrollment, or sites through site visits and prepare The following terms are defined for (b) In the case of a program leading to clinical faculty and preceptors for purposes of the Nurse Practitioner and a graduate degree in nursing, at or prior teaching, evaluating, and problem Nurse-Midwifery Program. to the time of completion of a program. solving with nurse practitioner and Culturally and Linguistically The policies for the recruitment, nurse-midwifery students. Nurse Appropriate Services means health care selection and progression of students practitioner or nurse-midwifery program services that are respectful of and should be consistent with the faculty retain full responsibility for responsive to cultural and linguistic requirements of the sponsoring assuring the quality and effectiveness of needs. institution and developed in each practicum site for student learning. Full-time Student means a student cooperation with the faculty responsible The grant applicant should document in enrolled in at least the number of credits for conducting the nurse practitioner the application the specific criteria used defined as full-time by the institution. and/or nurse-midwifery program. for the selection of clinical learning Full-time educational program means Programs should develop, implement, sites. an educational program that provides and evaluate specific plans to achieve for a full-time program of study as recruitment, retention, timely Faculty Qualifications defined by the institution. Students progression and graduation of a diverse A nurse practitioner or nurse- progressing through the program are student body. midwifery education program should able to enroll on a full-time basis to Length of Program have a sufficient number of qualified complete the program in a timely nursing, medical and other related manner. Students in such a program A nurse practitioner or nurse- health professional faculty with may be part-time or full-time. midwifery education program is a academic preparation and clinical Nurse-Midwife means a registered formal program of study of a minimum expertise relevant to their areas of nurse educated in the two disciplines of of 1 academic year (9 months) in length teaching responsibility and with nursing and midwifery, who has and should include at least 4 months in demonstrated ability in the successfully completed a nurse- the aggregate of full-time didactic development and implementation of midwifery education program instruction. Post-master=s programs educational programs. The program accredited by the American College of must also meet this requirement. director should be a nationally certified Nurse-Midwives (ACNM). Following Curriculum nurse practitioner or nurse-midwife, national ACNM/American College of with appropriate academic preparation, Nurse-Midwives Certification Council A nurse practitioner or nurse- clinical expertise and experience as an (ACC) certification, the nurse-midwife midwifery education program should be educator. Nurse practitioner and nurse- has abilities to provide independent a distinct program of study consisting of midwife clinical faculty and preceptors management of primary health care for didactic instruction and supervised should have national and/or State women, in the context of family- clinical practice designed to teach certification as appropriate for their centered care, focusing particularly on registered nurses the knowledge and specialty and should have at least one pregnancy, childbirth, the postpartum competencies needed to perform the year of practice experience as a nurse period, care of the newborn, and the functions and scope of practice of a practitioner or certified nurse-midwife. family planning and gynecological nurse practitioner or nurse-midwife. Other clinicians serving as clinical needs of women within a health care The faculty has the ultimate preceptors should be authorized by the system that provides for consultation, responsibility for evaluation of student State licensing entity to practice in their collaborative management or referral as clinical performance and achievement specific scope of practice. Faculty indicated by the health status of the of competence. The nurse practitioner qualifications should be consistent with client, including the abilities to: and nurse-midwifery specialty portion the requirements of their academic • Assess the health status of women of the graduate curriculum should be institution. The faculty should and infants, through health and medical developed and implemented participate in maintenance of history taking, physical examination, cooperatively by nurse practitioner and/ competency and clinical practice ordering and interpreting diagnostic or nurse-midwife educators, other according to the National Task Force on tests and making diagnoses; graduate nursing faculty, and Quality Nurse Practitioner Education • Institute and provide continuity of appropriate representatives of other guidelines and ACNM guidelines for primary health care to women and refer health disciplines. Interdisciplinary continued competency. to other health care providers as academic and practice learning appropriate; Resources experiences are recommended to • Prescribe pharmacological and non- prepare graduates to serve underserved A nurse practitioner or nurse- pharmacological therapeutics, populations in complex health systems. midwifery education program must consistent with current standards of The program content, both didactic and have available sufficient educational care; clinical portions, should prepare the and clinical resources in a variety of • Provide instruction and counseling nurse practitioner or nurse-midwife to practice settings with adequate space to individuals, families, and groups in provide primary health care within and equipment, number, age and type of the areas of promotion and maintenance community settings. The nurse clients needed for the number of of health and disease prevention, practitioner and nurse-midwife should students enrolled in the program. Where including involving such persons in be knowledgeable about the cultural the institution or organization planning for their health care; and factors that affect the health status of the conducting the program does not • Collaborate with other health care populations served and how to assist provide the clinical practice settings providers and agencies to provide, and
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62301
where appropriate, coordinate services of the particular clinical course. The ACTION: Notification of new system of to individual women, children, and preceptor is responsible for the daily records. families. teaching and assignment of individuals Nurse Practitioner means a registered to be cared for, supervision, and SUMMARY: In accordance with the nurse who has successfully completed a participation in the evaluation of the requirements of the Privacy Act, the formal program of study designed to nurse practitioner or nurse-midwifery Health Resources and Services prepare registered nurses to deliver student. The preceptor teaches, Administration (HRSA) is publishing primary health care, involving supervises, and evaluates the student notice of a proposal to add a new system independent and interdependent and provides the student with an of records. The Smallpox Vaccine Injury decision making and direct environment that permits observation, Compensation Act of 2003 (‘‘the Act’’), accountability for clinical judgment, active participation, and management of amended title II of the Public Health including the abilities to: primary health care. Before and during Service Act (42 U.S.C. 202 et seq.) to • Assess the health status of this preceptorship program faculty visits provide benefits and other individuals and families through health and assesses clinical learning sites and compensation for certain individuals and medical history taking, physical prepares clinical faculty/preceptors for with injuries resulting from the examination, ordering and interpreting teaching their students. administration of smallpox countermeasures or as a result of diagnostic tests and making diagnoses; Primary Care means the provision of • Institute and provide continuity of vaccinia contracted through accidental integrated, accessible health care primary health care to individuals and vaccinia inoculation. The Act directs services by clinicians, including nurse families; and refer to other health care the Secretary, HHS, to establish practitioners and nurse-midwives, who providers when appropriate; administrative procedures to are accountable for addressing a large • Prescribe treatments including compensate certain individuals who majority of personal health care needs pharmacological and non- sustained a covered injury as the direct within their scopes of practice, pharmacological therapeutics, result of the administration of smallpox developing a sustained partnership with consistent with current standards of vaccine, and certain individuals who clients, and practicing in the context of care; sustained a covered injury as a direct family and communities. Critical • Provide instruction and counseling result of accidental vaccinia inoculation elements also include accountability of to individuals, families, and groups in through contact with the foregoing clinicians and systems for quality of the areas of promotion and maintenance persons or with individuals accidently care, consumer satisfaction, efficient use of health and disease prevention, inoculated by them. This system of of resources, and ethical behavior. including involving such persons in records is required to comply with the Clients have direct access to an planning for their health care; and implementation directives of the Act, appropriate source of care, which • Collaborate with other health care Public Law 108–20. The records will be continues over time for a variety of providers and agencies to provide, and used for the Smallpox Vaccine Injury problems and includes needs for where appropriate, coordinate services Compensation Program’s (SVICP) preventive services. Primary care and to individuals and families. planning, implementation, payment, Primary Health Care are used Nurse Practitioner or Nurse-Midwifery evaluation, monitoring, and document interchangeably in this document. Program means a full-time educational storage purposes. (Definition adapted from Barbara program of study, as defined by the DATES: HRSA invites interested parties institution, (although students may be Starfield, Primary Care Concept, Evaluation, and Policy, Oxford to submit comments on the proposed progressing through the program on a New System of Records on or before full-time or part-time basis), which University Press, New York, 1992 p. 4 and Institute of Medicine: December 15, 2003. As of the date of the meets the Guidelines prescribed herein. publication of this Notice, HRSA has The program’s objective is the education Moila S. Donaldson, Karl D. Yordy, sent a Report of New System of Records of nurses who will, upon completion of Kathleen N., and Neal A. Vanselow, to Congress and to the Office of their studies in the program, be Editors, Committee on the Future of Management and Budget (OMB). The qualified to effectively provide primary Primary Care, Division of Health Care New System of Records will be effective health care in a variety of settings, Services, Primary Care: America’s 40 days from the date submitted to OMB including in homes, ambulatory care Health in a New Era, Summary , unless HRSA receives comments that facilities, long-term care facilities, acute National Academy Press, Washington, would result in a contrary care, and other health care settings. DC, 1996, p. 23.) determination. Post-Nursing Master’s Certificate Dated: October 27, 2003. Program means a formal, post-graduate ADDRESSES: Please address comments to Elizabeth M. Duke, program for Registered Nurses with Health Resources and Services master’s degrees that awards a Administrator. Administration (HRSA) Privacy Act certificate and academic credit for [FR Doc. 03–27563 Filed 10–31–03; 8:45 am] Officer, 5600 Fishers Lane, Room 14A– completion of the program of study as BILLING CODE 4165–15–P 20, Rockville, Maryland 20857; a Nurse Practitioner or Nurse-Midwife. telephone (301) 443–3780. This is not a Preceptorship means a clinical toll-free number. Comments received learning experience in which the DEPARTMENT OF HEALTH AND will be available for inspection at this student is assigned to a faculty member HUMAN SERVICES same address from 9 a.m. to 3 p.m., Monday through Friday. or with oversight by program faculty to Health Resources and Services a designated preceptor who is a nurse Administration FOR FURTHER INFORMATION CONTACT: practitioner or nurse-midwife or other Director, Office of Special Programs, health professional for specific aspects Privacy Act of 1974; New System of Health Resources and Services of the clinical learning experience. The Records Administration, 5600 Fishers Lane, preceptorship provides the student with Room 16C–17, Rockville, Maryland practice experiences conducive to AGENCY: Health Resources and Services 20857; telephone (301) 443–3300. This meeting the defined goals and objectives Administration, HHS. is not a toll-free number.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62302 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
SUPPLEMENTARY INFORMATION: The compensatory payments, generally The following notice is written in the Health Resources and Services secondary to other available coverage, present tense, rather than the future Administration (HRSA) proposes to for the following: tense, in order to avoid the unnecessary establish a new system of records: ‘‘The (1) Reasonable and appropriate expenditure of public funds to republish Smallpox Vaccine Injury Compensation medical items and services to treat a the notice after the system becomes Program, HHS/HRSA/OSP.’’ The Act covered injury. effective. authorizes the creation of a Smallpox (2) Lost employment income incurred Dated: October 28, 2003. Vaccine Injury Compensation Program as a result of a covered injury beyond Elizabeth M. Duke, (‘‘the Program’’) by directing the the first five days of work missed unless Administrator, Health Resources and Services Secretary, HHS, to establish the loss of employment extends beyond Administration. administrative procedures designed to nine days, to a maximum of $50,000 for provide benefits and other any given year with a limited exception 09–15–0065 compensation to certain individuals for persons with a permanent and total SYSTEM NAME: who sustained a covered injury as the disability, through the age of 65. Smallpox Vaccine Injury direct result of the administration of (3) Death payment to survivors in smallpox countermeasures, and certain Compensation Program, HHS/HRSA/ circumstances in which death is OSP. individuals who sustained a covered determined to have resulted from a injury as a direct result of accidental covered injury. SECURITY CLASSIFICATION: vaccinia inoculation through contact This system of records is required to None. with the foregoing persons or with comply with the implementation SYSTEM LOCATION: individuals accidently inoculated by directive set forth in the Act. It will be them. The Secretary will issue used for Program planning, Office of Special Programs, Health regulations implementing the Program. implementation, payment, evaluation, Resources and Services Administration, Individuals eligible to be considered for monitoring, and document storage 4350 East-West Highway, 10th Floor, benefits and other compensation are: purposes. Bethesda, Maryland 20814. 1. (a) Health care workers, law HRSA permits disclosure of the CATEGORIES OF INDIVIDUALS COVERED BY THE enforcement officers, firefighters, records to third parties pursuant to the SYSTEM: security personnel, emergency medical following routine uses: The first routine personnel, other public safety Individuals covered by the system are use permits disclosure to a personnel, or support personnel for requesters and/or their representatives congressional office to allow subject such occupational specialties; filing for benefits and other (b) Who are or will be functioning in individuals to obtain assistance from compensation under the Smallpox a role identified in a State, local, or HHS their representatives in Congress, if they Vaccine Injury Compensation Program. wish to do so. The second routine use smallpox emergency response plan CATEGORIES OF RECORDS IN THE SYSTEM: approved by the Secretary; allows disclosure to Federal, State or local Government entities or to private Records consist of documents that (c) Who have volunteered for, and may include general or congressional been selected to be members of, a entities for the purpose of their providing information relevant to correspondence, requests, case number smallpox emergency response plan prior assignment, HHS responses, medical to the time at which the Secretary medical or legal documentation required for determinations of eligibility and legal documentation, employment publicly announces that an active case documentation, documentation of smallpox has been identified either or payment. The third routine use allows disclosure of records to concerning services or benefits available within or outside of the United States; from the United States or any third (d) To whom a smallpox vaccine is contractors engaged by the Department party (including any State or local administered pursuant to such an who need access to the records in order governmental entity, private insurance approved plan during the effective to assist the Department, e.g., expert carrier, or employer), payment period of the Declaration Regarding consultants providing advice on information, and other related case Administration of Smallpox requesters’ eligibility for benefits and/or processing documents. Countermeasures (‘‘the Declaration’’) compensation. The fourth routine use issued by the Secretary, HHS, on allows disclosure of records to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: January 24, 2003, and published in the individuals and/or entities as necessary Management of the system is Federal Register on January 28, 2003 for the purposes of obtaining financial authorized by Pub. L. 108–20, the (68 FR 4212); and advice and providing benefits and other Smallpox Emergency Personnel (e) Who sustain a covered injury, compensation to requesters approved Protection Act of 2003, enacted April disability, illness, condition, or death as for payment under the Program. The 30, 2003 (42 U.S.C. 239 et seq.). a direct result of receiving a covered fifth routine use allows disclosure to a countermeasure, including the smallpox Federal agency administering aspects of PURPOSE(S): vaccine, during the effective period of the Program under a Memorandum of The purpose of the system is to the Declaration; or Agreement or assisting in the provide for benefits and other 2. Certain individuals who sustain a accomplishment of a Departmental compensatory payments to certain covered injury, disability, illness, function related to the purposes of the individuals who sustained a covered condition, or death as a direct result of Program. The sixth routine use allows injury as the direct result of the vaccinia contracted through contact disclosure of records to the Department administration of smallpox with one or more of the individuals of Justice or a court, in the event of countermeasures, and certain described above or through contact with litigation. The seventh routine use individuals who sustained a covered individuals accidently inoculated by allows disclosure to the appropriate injury as a direct result of accidental those individuals, during the specified Federal, State or local agency in the vaccinia inoculation through contact time frame. event of a violation of law. The eighth with the foregoing persons or with Subject to certain provisions, the Act routine use allows disclosure of records individuals accidently inoculated by authorizes benefits and other for certain medical research purposes. them, during a specified time period.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62303
ROUTINE USES OF RECORDS MAINTAINED IN THE example, in defending an action against (4) Make no further use or disclosure SYSTEM, INCLUDING CATEGORIES OF USERS AND the Department in connection with such of the record except when required by THE PURPOSES OF SUCH USES: individual, disclosure may be made to law. 1. Disclosure may be made to a DoJ to enable DoJ to present an effective (a) Further, the Department must congressional office from the record of defense, provided that such disclosure secure and approve a written statement a subject individual, in response to an is compatible with the purpose for attesting to the recipient’s inquiry from the congressional office which the records were collected. understanding of, and agreement to made at the written request of that 7. Disclosure may be made in the abide by, these conditions of disclosure. individual or his/her representative. event that a system of records Violation of these provisions is subject 2. Disclosure may be made to Federal, maintained by this agency to carry out to penalties set forth under 5 U.S.C. State or local Government entities or to its functions indicates a violation or 552a(i)(3) and any other applicable private entities for the purpose of their potential violation of law, whether civil, Federal law. providing information relevant to criminal, or regulatory in nature, and POLICIES AND PRACTICES FOR STORING, medical or legal documentation whether arising by general statute or required for determinations of eligibility RETRIEVING, ACCESSING, RETAINING AND particular program statute, regulation, DISPOSING OF RECORDS IN THE SYSTEM: or payment, provided that such rule, or order issued pursuant thereto, STORAGE: disclosure is compatible with the the relevant records in the system of Records are maintained in file folders, purpose for which the records were records may be referred to the on computer hard drives and/or disk collected. appropriate agency, whether Federal, packs, or in electronic media storage. 3. Disclosure of records may be made State or local, charged with the to contractors engaged by the responsibility of investigating or RETRIEVABILITY: Department who need access to the prosecuting such violation, or charged Retrievability is by name of the records in order to assist the with enforcing or implementing the requester, and by case number assigned Department, e.g., expert consultants statute, rule, regulation or order issued based on the order in which a request providing advice on requesters’ pursuant thereto, provided that such form is filed. eligibility for benefits and/or disclosure is compatible with the SAFEGUARDS: compensation. All such individuals purpose for which the records were shall be required to maintain Privacy collected. 1. Assign Responsibility for Security: Act safeguards with respect to such 8. A record may be disclosed for a Responsibility is assigned to a records and return all records to HRSA. medical research purpose, only when management official knowledgeable in 4. Disclosure of records may be made the Department has determined: the nature of the information and to individuals and/or entities as (a) That the use or disclosure does not process supported by the Smallpox necessary for the purposes of obtaining violate legal or policy limitations under Vaccine Injury Compensation Program financial advice and providing benefits which the record was provided, (SVICP) request and in the management, and other compensation to requestors collected, or obtained; personnel, operational, and technical approved for payment under the (b) That the research purpose is controls used to protect it. Program. All individuals and/or entities consistent with the purpose for which 2. Perform Risk Assessment: A risk permitted disclosure for this use shall the Program was formed; assessment is to be conducted in be required to maintain Privacy Act (c) That the proposed research is conjunction with the development of, safeguards with respect to such records scientifically sound in its methods and and prior to the approval of, the system and return all records to HRSA. analyses and is likely to answer the design and will ensure that 5. Disclosure of records may be made proposed research question; vulnerabilities, risks, and other security to a Federal agency administering (d) That the information sought is not concerns are identified and addressed in aspects of the Program, as authorized by available from any other source; and the system design and throughout the a Memorandum of Agreement between (e) That the record made available for life cycle of the project. This is the Secretary and the head of the medical research is redacted of all consistent with the HHS Automated Federal agency, or to another Federal personal identifiers regarding injured Information Systems Security Program agency assisting in the accomplishment individuals, health care practitioners Handbook (in particular Chapters V and of a Departmental function relating to and employers that are not essential for X). the purposes of this system of records, the accomplishment of the approved 3. Develop SVICP Request Security provided that such disclosure is research purpose. Plan: Plan for the adequate security of compatible with the purposes for which (f) The recipient must: the SVICP request, taking into account the records are collected. (1) Establish strict limitations the security of all systems in which the 6. Disclosure of records may be made acceptable to the Department request will operate. SVICP request in the event of litigation where the concerning the receipt and use of any security plans shall address request defendant is: patient-identifiable data; rules, training on use of the system, (a) The Department, any component (2) Establish reasonable personnel security, contingency of the Department, or any employee of administrative, technical, and physical planning, technical controls, the Department in his or her official safeguards and/or protocols acceptable information sharing, and public access capacity; to the Department to protect the controls. (b) The United States where the confidentiality of the data and to 4. Review SVICP Request Controls: Department determines that the action, prevent the unauthorized use or Perform an independent review or audit if successful, is likely to affect directly disclosure of the record; of the SVICP request security control in the operation of the Department or any (3) Remove or destroy the information accordance with applicable Federal of its components; or that identifies an individual at the requirements and/or guidelines. (c) Any Department employee in his earliest time at which removal or 5. Authorize Processing: Ensure that a or her individual capacity where the destruction can be accomplished management official authorizes, in Department of Justice (DoJ) has agreed consistent with the purpose of the writing, confirmation that the security to represent such employee, for research project; and plan as implemented adequately secures
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62304 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
the SVICP request. The SVICP request must verify relationship to the minor/ these surveys will be used by the Center must be authorized prior to operating incompetent person as well as his/her for Scientific Review management and and reauthorized in accordance with own identity. Records will be mailed personnel: (1) To assess the quality of applicable Federal requirements and/or only to the requester=s address that is the modified operations and processes guidelines. on file, unless a different address is now used by CSR to review grant 6. Implementation Guidelines: DHHS demonstrated by official documentation. applications; (2) To assess the quality of Chapter 45–13 and supplementary service provided by CSR to our Chapter PHS.hf: 45–13 of the General CONTESTING RECORDS PROCEDURES: customers; (3) To examine and assess Administration Manual; the DHHS To contest a record in the system, the effectiveness of the reorganization Automated Information Systems contact the System Manager at the and reconfiguration of the peer review Security Program Handbook; and address specified above and reasonably study committees based on customer Appendix III to OMB Circular No. A– identify the record, specify the input; (4) To develop new modes of 130; Appendix I, ‘‘Federal Agency information being contested, and state operation based on customer need and Responsibilities for Maintaining the corrective action sought and the customer feedback about the efficacy of Records About Individuals.’’ reason(s) for requesting the correction, implemented modifications. These along with supporting documentation to surveys will almost certainly lead to RETENTION AND DISPOSAL: show how the record is inaccurate, quality improvement activities that will Records will be retained and disposed incomplete, untimely, or irrelevant. enhance and/or streamline CSR’s of in accordance with the Records operations. The major mechanism by RECORD SOURCE CATEGORIES: Control Schedule of the Health which CSR will request input is through Resources and Services Administration. Sources of records include, but are surveys. The survey for customers, i.e., not limited to, requesters and/or their past and present grant applicants, is SYSTEM MANAGER(S) AND ADDRESS: representatives under the Smallpox generic, but will have slight variations Director, Office of Special Programs, Vaccine Injury Compensation Program, tailored to the scientific subject category Health Resources and Services and any other sources of information or of each major Integrated Review Group Administration, 5600 Fishers Lane, documentation submitted by any other (IRG). The next major reorganized IRGs Room 16C–17, Rockville, Maryland person or entity for inclusion in a to be evaluated consist of the Behavioral 20857, or the Director’s designee. request for the purpose of determining and Social Sciences peer review study medical or legal eligibility for, or sections. Surveys will be collected via NOTIFICATION PROCEDURE: amount of benefits and/or compensation Internet. Information gathered from Requests must be made to the System under, the Program (e.g., Federal, State, these surveys will be presented to, and Manager. or local government or private health used directly by, CSR management to Requests by mail: Requests for care entities participating in the enhance the operations, processes, information and/or access to records administration of covered organization of, and services provided received by mail must contain countermeasures under the Declaration). by the Center. Frequency of Response: information providing the identity of The participants will respond once, the writer, and a reasonable description SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: unless there is a compelling reason for of the record desired, and whom it a subsequent survey. concerns. Written requests must contain None. Affected public: Universities, not-for- the name and address of the requester, [FR Doc. 03–27562 Filed 10–31–03; 8:45 am] profit institutions, business or other for- his/her date of birth and his/her BILLING CODE 4165–15–P profit, small businesses and signature for comparison purposes. organizations, and individuals. Requests must be notarized to verify the Type of Respondents: Adult scientific identity of the requester, or the DEPARTMENT OF HEALTH AND professionals. requester must certify that (s)he is the HUMAN SERVICES The annual reporting burden is as individual who (s)he claims to be and follows: It is estimated that the survey National Institutes of Health that (s)he understands that to knowingly form will take 20 minutes to complete. and willfully request or acquire a record Center for Scientific Review; Proposed The annual hour burden is, therefore, pertaining to another individual under Collection; Comment Request; estimated to be 600 hours for false pretenses is a criminal offense Customer Satisfaction Surveys approximately 1,800 respondents in FY under the Privacy Act subject to a 2004, 600 hours for approximately 1,800 $5,000 fine (45 CFR 5b.5(b)(2)(ii)). SUMMARY: In compliance with the respondents in FY 2005, 600 hours for Requests in person or by telephone, requirement of Section 3506(c)(2)(A) of approximately 1,800 respondents in FY electronic mail or facsimile cannot be the Paperwork Reduction Act of 1995 2006. Estimated costs to the respondents honored. for the opportunity for public comment consist entirely of their time. Costs for on the proposed data collection projects, time were estimated using a rate of RECORD ACCESS PROCEDURES: the Center for Scientific Review (CSR), $40.00 per hour for principal Record access procedures are the the National Institutes of Health (NIH), investigators/grant applicants. The same as notification procedures. will publish periodic summaries of estimated annual cost burden for Requesters should also provide a proposed projects to be submitted to the respondents for each year for which the reasonable description of the contents of Office of Management and Budget generic clearance is requested is $24,000 the record being sought. A parent or (OMB) for review and approval. for FY 2004, $24,000 for FY 2005 guardian who requests notification of, or $24,000 for FY 2006. No additional access to, a minor’s/incompetent Proposed Collection costs should be incurred by person’s medical record shall designate Title: Customer Satisfaction Surveys. respondents. There will be a family physician or other health Type of Information Collection dissemination and analysis costs for the professional (other than a family Request: Reinstatement. survey originators. member) to whom the record, if any, Need and Use of Information Requests for Comments: Written will be sent. The parent or guardian Collection: The information collected in comments and/or suggestions from the
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62305
public and affected agencies are invited for companies and may also be available presence of a candidate agent. The on one or more of the following points: for licensing. technology provides for PSF to be (1) Whether the proposed collection of ADDRESSES: Licensing information and introduced into the cell using an information is necessary for the proper copies of the U.S. patent application expression vector that encodes PSF. performance of the functions of the CSR, listed below may be obtained by writing Peptide Mimotopes of including whether the information will to the indicated licensing contact at the Lipooligosaccharide from Nontypeable have practical utility; (2) The accuracy Office of Technology Transfer, National Haemophilus influenzae as Vaccines of the agency’s estimate of the burden of Institutes of Health, 6011 Executive the proposed collection of information, Boulevard, Suite 325, Rockville, Xin-Xing Gu (NIDCD) including the validity of the Maryland 20852–3804; telephone: (301) U.S. Provisional Application No. 60/ methodology and assumptions used; (3) 496–7057; fax: (301) 402–0220. A signed 441,928 filed 22 Jan 2003 (DHHS Ways to enhance the quality, utility, and Confidential Disclosure Agreement will Reference No. E–344–2002/0–US–01) Licensing Contact: Susan Ano; 301/435– clarity of the information to be be required to receive copies of the 5515; [email protected]. collected; and (4) Ways to minimize the patent application. burden of the collection of information The invention relates to peptide on those who are to respond while Enhanced Sensitivity ELISA for SARS mimotopes of lipooligosaccharide (LOS) maintaining their anonymity, including Diagnostic from nontypeable Haemophilus the use of automated, electronic, Gary Nabel et al. (NIAID) influenzae (NTHi) that are suitable for mechanical, or other technological U.S. Provisional Application filed 15 developing a novel vaccine against the collection techniques of other forms of Sep 2003 (DHHS Reference No. E– pathogen, for which there is currently information technology. 334–2003/0–US–01) no licensed vaccine. The mimotopes not FOR FURTHER INFORMATION CONTACT: To Licensing Contact: Susan Ano; 301/435– only immunologically mimic LOS from request more information on the 5515; [email protected]. NTHi but will also bind to antibodies proposed project or to obtain a copy of Reagents and protocols for extremely specific for NTHi LOS. NTHi is a the data collection plans, contact: Karl sensitive ELISA for use as a SARS common pathogen that causes otitis F. Malik, PhD., Assistant to the Deputy diagnostic are described. The ELISA media in children and lower respiratory Director, Office of the Director, Center uses recombinantly-expressed tract infections in adults. The for Scientific Review, National Institutes nucleoprotein (N) or spike (S) effectiveness of a vaccine could be of Health, Rockledge II, Rm 3016, 6701 glycoprotein from the SARS coronavirus increased by substitution of a LOS Rockledge Drive, Bethesda, MD 20814– as capture antigens. As little as five (5) epitope with a peptide mimic. 9692, or call non-toll free: 301–435– days after onset, detection of antibody Preliminary experiments showed that 1114, or e-mail your request or response is possible. The ELISA the mimic peptides conjugated to a comments, including your address to: described herein is more sensitive than carrier were as effective as the LOS- [email protected]. existing technology because of the N based vaccine in stimulating a humoral Comments Due Date: Comments and S proteins; existing ELISAs use immune response in rabbits. Thus, the regarding this information collection are formalin-inactivated whole virus or identified peptides are promising best assured of having their full effect if peptides. candidates for developing a novel relieved within 60 days of the date of vaccine for NTHi. Inhibition of Retrovirus Gene this publication. Dated: October 24, 2003. Expression by PSF Dated: October 24, 2003. Steven M. Ferguson, Brent Stanfield, Andrei Zolotukhin et al. (NCI) Director, Division of Technology Development U.S. Provisional Application No. 60/ Acting Director, Center for Scientific Review, and Transfer, Office of Technology Transfer, National Institutes of Health. 484,156 filed 30 Jun 2003 (DHHS National Institutes of Health. Reference No. E–224–2003/0–US–01) [FR Doc. 03–27585 Filed 10–31–03; 8:45 am] [FR Doc. 03–27502 Filed 10–31–03; 8:45 am] Licensing Contact: Susan Ano; 301/ BILLING CODE 4140–01–P BILLING CODE 4140–01–M 435–5515; [email protected]. This technology describes methods of DEPARTMENT OF HEALTH AND identifying inhibitors of retrovirus (e.g. DEPARTMENT OF HEALTH AND HUMAN SERVICES HIV) gene expression, where such HUMAN SERVICES inhibitors are small molecules or National Institutes of Health nucleic acids. The compounds thus National Institutes of Health identified could be used as potential National Center for Research Government-Owned Inventions; anti-retroviral therapeutics. The Resources; Notice of Meetings Availability for Licensing candidate agents are those that affect the AGENCY: National Institutes of Health, interaction of human polypyrimidine Pursuant to section 10(d) of the Public Health Service, HHS. tract binding protein associated splicing Federal Advisory Committee Act, as ACTION: Notice. factor (PSF) with inhibitory sequences amended (5 U.S.C. Appendix 2), notice (INS) present in the HIV–1 genome. PSF is hereby given of the following SUMMARY: The invention listed below is has been shown to bind to INS present meetings. owned by an agency of the U.S. in the HIV genome, thus decreasing the The meetings will be open to the Government and is available for levels of retrovirus gene expression like public as indicated below, with licensing in the U.S. in accordance with gag and env. Therefore, compounds that attendance limited to space available. 35 U.S.C. 207 to achieve expeditious modulate or enhance binding of PSF to Individuals who plan to attend and commercialization of results of INS are potential inhibitors of retrovirus need special assistance, such as sign federally-funded research and expression. The methods involve language interpretation or other development. Foreign patent analyzing the interaction of PSF with reasonable accommodations, should applications are filed on selected INS and evaluating the level of notify the Contact Person listed below inventions to extend market coverage retrovirus gene expression in the in advance of the meeting.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62306 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
The meetings will be closed to the DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), title 5 U.S.C., public in accordance with the HUMAN SERVICES as amended. The contract proposals and provisions set forth in sections the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health confidential trade secrets or commercial as amended. The grant applications and property such as patentable material, the discussions could disclose National Heart, Lung, and Blood and personal information concerning confidential trade secrets or commercial Institute; Notice of Closed Meeting individuals associated with the contract property such as patentable material, Pursuant to section 10(d) of the proposals, the disclosure of which and personal information concerning Federal Advisory Committee Act, as would constitute a clearly unwarranted individuals associated with the grant amended (5 U.S.C. Appendix 2), notice invasion of personal privacy. applications, the disclosure of which is hereby given of the following Name of Committee: National Institute on would constitute a clearly unwarranted meeting. Drug Abuse Special Emphasis Panel, Non- invasion of personal privacy. The meeting will be closed to the clinical ADME Studies. Name of Committee: National Center for public in accordance with the Date: November 4, 2003. Research Resources Initial Review Group, provisions set forth in sections Time: 9 a.m. to 5 p.m. Agenda: To review and evaluate contract Comparative Medicine Review Committee. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and proposals. Date: February 3–4, 2004. Place: Double Tree Rockville, 1750 Open: February 3, 2004, 8 a.m. to 8:30 a.m. the discussions could disclose Rockville Pike, Rockville, MD 20852. Agenda: To discuss program planning and confidential trade secrets or commercial Contact Person: Richard C. Harrison, Chief, other issues. property such as patentable material, Contract Review Branch, Office of Extramural Place: Bethesda Marriott Suites, 6711 and personal information concerning Affairs, National Institute on Drug Abuse, Democracy Boulevard, Bethesda, MD 20817. individuals associated with the grant National Institutes of Health, DHHS, 6001 Closed: February 3, 2004, 8:30 a.m. to applications, the disclosure of which Executive Boulevard, Room 3158, MSC 9547, Adjournment. would constitute a clearly unwarranted Bethesda, MD 20892–9547, 301–435–1437. Agenda: To review and evaluate grant invasion of personal privacy. This notice is being published less than 15 applications. days prior to the meeting due to the timing Place: Bethesda Marriott Suites, 6711 Name of Committee: Heart, Lung, and limitations imposed by the review and Democracy Boulevard, Bethesda, MD 20817. Blood Initial Review Group, Heart, Lung, and funding cycle. Blood Program Project Review Committee. Contact Person: Guo Zhang, MD, PhD, Date: December 4, 2003. (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Office of Time: 8 a.m. to 3 p.m. Program Nos. 93.277, Drug Abuse Scientist Review, National Center for Research Agenda: To review and evaluate grant Development Award for Clinicians, Scientist Resources, National Institutes of Health, One applications. Development Awards, and Research Scientist Democracy Plaza, 6701 Democracy Blvd., Place: Holiday Inn Chevy Chase, 5520 Awards; 93.278, Drug Abuse National Room WS–1064, 10th Floor, Bethesda, MD Wisconsin Avenue, Chevy Chase, MD 20815. Research Service Awards for Research 20814–9692, (301) 435–0812, Contact Person: Jeffrey H. Hurst, PhD, Training; 93.279, Drug Abuse Research [email protected]. Review Branch, Division of Extramural Programs, National Institutes of Health, HHS) Name of Committee: National Center for Affairs, National Heart, Lung, and Blood Dated: October 27, 2003. Research Resources Initial Review Group, Institute, National Institutes of Health, LaVerne Y. Stringfield, Clinical Research Review Committee. Bethesda, MD 20892, (301) 435–0303. Director, Office of Federal Advisory Date: February 11–12, 2004. (Catalogue of Federal Domestic Assistance Committee Policy. Open: February 11, 2004, 8 a.m. to 8:30 Program Nos. 93.233, National Center for [FR Doc. 03–27500 Filed 10–31–03; 8:45 am] a.m. Sleep Disorders Research; 93.837, Heart and BILLING CODE 4140–01–M Agenda: To discuss program planning and Vascular Diseases Research; 93.838, Lung other issues. Diseases Research; 93.839, Blood Diseases Place: Holiday Inn Select Bethesda, 8120 and Resources Research, National Institutes DEPARTMENT OF HEALTH AND Wisconsin Ave., Bethesda, MD 20814. of Health, HHS) HUMAN SERVICES Closed: February 11, 2004, 8:30 a.m. to Dated: October 28, 2003. Adjournment. LaVerne Y. Stringfield, National Institutes of Health Agenda: To review and evaluate grant Director, Office of Federal Advisory applications. Committee Policy. National Institute of Neurological Place: Holiday Inn Select Bethesda, 8120 [FR Doc. 03–27582 Filed 10–31–03; 8:45 am] Disorders and Stroke; Notice of Closed Wisconsin Ave., Bethesda, MD 20814. Meetings Contact Person: Sheryl K. Brining, PhD, BILLING CODE 4140–01–M Director Office of Review, National Institutes Pursuant to section 10(d) of the of Health, 6701 Democracy Blvd., 1 DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Democracy Plaza, Room 1074, Bethesda, MD HUMAN SERVICES amended (5 U.S.C. appendix 2), notice 20892–4874, 301–435–0809, [email protected]. is hereby given of the following (Catalogue of Federal Domestic Assistant National Institutes of Health meetings. Program Nos. 93.306, Comparative Medicine; The meetings will be closed to the National Institute on Drug Abuse; 93.333, Clinical Research; 93.371, Biomedical public in accordance with the Technology; 93.389, Research Infrastructure, Notice of Closed Meeting provisions set forth in sections 93.306, 93.333, National Institutes of Health, HHS) Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Federal Advisory Committee Act, as as amended. The grant applications and Dated: October 27, 2003. amended (5 U.S.C. appendix 2), notice the discussions could disclose LaVerne Y. Stringfield, is hereby given of the following confidential trade secrets or commercial Director, Office of Federal Advisory meeting. property such as patentable material, Committee Policy. The meeting will be closed to the and personal information concerning [FR Doc. 03–27580 Filed 10–31–03; 8:45 am] public in accordance with the individuals associated with the grant BILLING CODE 4140–01–M provisions set forth in sections applications, the disclosure of which
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62307
constitute a clearly unwarranted Place: Four Points by Sheraton Bethesda, limitations imposed by the review and invasion of personal privacy. 8400 Wisconsin Avenue, Bethesda, MD funding cycle. 20814. Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Contact Person: Katherine Woodbury, PhD, Program Nos. 93.115, Biometry and Risk Neurological Disorders and Stroke Special Scientific Review Administrator, Scientific Emphasis Panel, Institutional Training and Estimation—Health Risks from Review Branch, NINDS/NIH/DHHS, Environmental Exposures; 93.142, NIEHS Career Development. Neuroscience Center, 6001 Executive Blvd, Date: November 18, 2003. Hazardous Waste Worker Health and Safety Suite 3208, MSC 9529, Bethesda, MD 20892– Training; 93.143, NIEHS Superfund Time: 3:30 p.m.to 5 p.m. 9529, (301) 496–5980, [email protected]. Agenda: To review and evaluate grant Hazardous Substances—Basic Research and applications. (Catalogue of Federal Domestic Assistance Education; 93.894, Resources and Manpower Place: National Institutes of Health, Program Nos. 93.853, Clinical Research Development in the Environmental Health Related to Neurological Disorders; 93.854, Sciences; 93.113, Biological Response to Neuroscience Center, 6001 Executive Biological Basis Research in the Environmental Health, Hazards; 93.114, Boulevard, Rockville, MD 20852 (Telephone Neurosciences, National Institutes of Health, Applied Toxicological Research and Testing, Conference Call). HHS) National Institutes of Health, HHS) Contact Person: Raul A Saavedra, PhD, Scientific Review Administrator, Scientific Dated: October 27, 2003. Dated: October 27, 2003. Review Branch, Division of Extramural LaVerne Y. Stringfield, LaVerne Y. Stringfield, Research, NINDS/NIH/DHHS, NSC; 6001 Director, Office of Federal Advisory Director, Office of Federal Advisory Executive Blvd., Ste. 3208, Bethesda, MD Committee Policy. Committee Policy. 20892–9529, 301–496–9223, [FR Doc. 03–27501 Filed 10–31–03; 8:45 am] [FR Doc. 03–27581 Filed 10–31–03; 8:45 am] [email protected]. BILLING CODE 4140–01–M BILLING CODE 4140–01–M Name of Committee: National Institute of Neurological Disorders and Stroke Special Emphasis Panel, Training and Fellowships. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Date: November 24, 2003. HUMAN SERVICES HUMAN SERVICES Time: 8 a.m. to 2 p.m. Agenda: To review and evaluate grant National Institutes of Health National Institutes of Health applications. Place: Sofitel Lafayette Square Hotel, 806 National Institute of Environmental National Institute of Diabetes and 15th Street, Washington, DC 20005. Contact Person: Joann McConnell, PhD, Health Sciences; Notice of Closed Digestive and Kidney Diseases; Notice Scientific Review Administrator, Scientific Meeting of Closed Meetings Review Branch, NIH/NINDS/Neuroscience Pursuant to section 10(d) of the Pursuant to section 10(d) of the Center, 6001 Executive Blvd., Suite 3208, Federal Advisory Committee Act, as Msc 9529, Bethesda, MD 20892–9529, (301) Federal Advisory Committee Act, as 496–5324, mcconnej@ninds,nih.gov. amended (5 U.S.C. appendix 2), notice amended (5 U.S.C. Appendix 2), notice is hereby given of the following Name of Committee: National Institute of is hereby given of the following Neurological disorders and Stroke Special meeting. meetings. Emphasis Panel, Training. The meeting will be closed to the The meetings will be closed to the Date: November 24, 2003. public in accordance with the public in accordance with the Time: 2 p.m. to 5 p.m. provisions set forth in sections provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. as amended. The grant applications and as amended. The grant applications and Place: Sofitel Lafayette Square, 806 15th the discussions could disclose the discussions could disclose Street, NW., Washington, DC 2005. confidential trade secrets or commercial confidential trade secrets or commercial Contact Person: Joann McConnell, PhD, property such as patentable material, property such as patentable material, Scientific Review Administrator, Scientific and personal information concerning Review Branch, NIH/NINDS/Neuroscience and personal information concerning Center, 6001 Executive Blvd., Suite 3208, individuals associated with the grant individuals associated with the grant Msc 9529, Bethesda, MD 20892–9529, (301) applications, the disclosure of which applications, the disclosure of which 496–5324, mcconnej@ninds,nih.gov. would constitute a clearly unwarranted would constitute a clearly unwarranted Name of Committee: National Institute of invasion of personal privacy. invasion of personal privacy. Neurological Disorders and Stroke Special Name of Committee: National Institute of Name of Committee: National Institute of Emphasis Panel, Udall Center Review Panel. Environmental Health Sciences Special Diabetes and Digestive and Kidney Diseases Date: December 3, 2003. Emphasis Panel, Review of Conference Special Emphasis Panel, Career Enhancement Time: 8 a.m. to 5 p.m. Applications (R13s). Award for Stem Cell Research. Agenda: To review and evaluate grant Date: November 20, 2003. Date: November 18, 2003. applications. Time: 1:30 p.m. to 2:30 p.m. Time: 2 p.m. to 4 p.m. Place: Willard Intercontinental, 1401 Agenda: To review and evaluate grant Agenda: To review and evaluate grant Pennsylvania Avenue, NW., Washington, DC applications. applications. 2004. Place: NIEHS/National Institutes of Health, Place: National Institutes of Health, Two Contact Person: Joann McConnell, PhD, Building 4401, East Campus, 79 T.W. Democracy Plaza, 6707 Democracy Scientific Review Administrator, Scientific Alexander Drive, Research Triangle Park, NC Boulevard, Bethesda, MD 20892, (Telephone Review Branch, NIH/NINDS/Neuroscience 27709, (Telephone Conference Call). Conference Call). Center, 6001 Executive Blvd., Suite 3208, Contact Person: RoseAnne M McGee, Contact Person: John F. Connaughton, PhD, Msc 9529, Bethesda, MD 20892–9529, (301) Associate Scientific Review Administrator, Scientific Review Administrator, Review 496–5324, mcconnej@ninds,nih.gov. Scientific Review Branch Office of Program Branch, DEA, NIDDK, National Institutes of Name of Committee: National Institute of Operations, Division of Extramural Research Health, Room 757, 6707 Democracy Neurological Disorders and Stroke Special and Training, Nat. Inst. of Environmental Boulevard, Bethesda, MD 20892, (301) 594– Emphasis Panel, Spotrias Review Panel. Health Sciences, P.O. Box 12233, MD EC–30, 7797, [email protected]. Date: December 10–12, 2003. Research Triangle Park, NC 27709, 919–541– Name of Committee: National Institute of Time: 7:30 p.m. to 5 p.m. 0752. Diabetes and Digestive and Kidney Diseases Agenda: To review and evaluate grant This notice is being published less than 15 Special Emphasis Panel, Clinical Studies of applications. days prior to the meeting due to the timing Kidney Diseases.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62308 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Date: December 9, 2003. (Catalogue of Federal Domestic Assistance The technology described in USPN Time: 8 a.m. to 5 p.m. Program Nos. 93.866, Aging Research, 5,157,110 relates to the discovery of a Agenda: To review and evaluate grant National Institutes of Health, HHS) protein, vaccinia complement protein applications. LaVerne Y. Stringfield, (VCP), that inhibits the complement Place: Crystal City Courtyard by Marriott, 2899 Jefferson Davis Highway, Arlington, VA Director, Office of Federal Advisory cascade. VCP is the smallest 22202. Committee Policy. complement controlling protein, is Contact Person: Lakshmanan Sankaran, [FR Doc. 03–27584 Filed 10–31–03; 8:45 am] soluble (complement inhibitors PhD, Scientific Review Administrator, BILLING CODE 4140–01–M produced by humans are typically Review Branch, DEA, NIDDK, National membrane-bound), does not have Institutes of Health, Room 754, 6707 glycosylation sites, and acts via a Democracy Boulevard, Bethesda, MD 20892, DEPARTMENT OF HEALTH AND different component of the complement (301) 594–7799, [email protected]. HUMAN SERVICES compared to most other (inhibiting at C3 (Catalogue of Federal Domestic Assistance level rather than C5). The technology Program Nos. 93.847, Diabetes, National Institutes of Health described in USPN 5,187,268 describes Endocrinology and Metabolic Research; the cloned gene encoding this protein. 93.848, Digestive Diseases and Nutrition Prospective Grant of Exclusive Research; 93.849, Kidney Diseases, Urology Complement inhibitors may be used for License: Synthetic, Anti-Complement combating inflammatory responses. and Hematology Research, National Institutes Protein and the Gene Encoding Same of Health, HHS) The field of use may be limited to Dated: October 28, 2003. AGENCY: National Institutes of Health, development of anti-inflammatory LaVerne Y. Stringfield, Public Health Service, DHHS. therapeutics based on VCP. Properly filed competing applications Director, Office of Federal Advisory ACTION: Notice. Committee Policy. for a license filed in response to this notice will be treated as objections to [FR Doc. 03–27583 Filed 10–31–03; 8:45 am] SUMMARY: This is notice, in accordance the contemplated license. Comments with 35 U.S.C. 209(c)(1) and 37 CFR BILLING CODE 4140–01–M and objections submitted in response to 404.7(a)(1)(i), that the National this notice will not be made available Institutes of Health (NIH), Department for public inspection, and, to the extent DEPARTMENT OF HEALTH AND of Health and Human Services, is permitted by law, will not be released HUMAN SERVICES contemplating the grant of world-wide under the Freedom of Information Act, exclusive license to practice the 5 U.S.C. 552. National Institutes of Health invention embodied in: United States Patent Numbers 5,157,110 and Dated: October 24, 2003. National Institute on Aging; Notice of 5,187,268, entitled ‘‘Synthetic Anti- Steven M. Ferguson, Closed Meeting Complement Protein and Gene Director, Division of Technology Development Pursuant to section 10(d) of the Encoding Same’’, issued October 20, and Transfer, Office of Technology Transfer. Federal Advisory Committee Act, as 1992 and February 26, 1993, [FR Doc. 03–27503 Filed 10–31–03; 8:45 am] amended (5 U.S.C. Appendix 2), notice respectively, to K-Biotech, PTY, having BILLING CODE 4140–01–P is hereby given of the following a place of business in Cape Town, South meeting. Africa. The patent rights in this The meeting will be closed to the invention have been assigned to the DEPARTMENT OF HOMELAND public in accordance with the United States of America. SECURITY provisions set forth in sections DATES: Only written comments and/or 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., application for a license which are Office of the Secretary as amended. The grant applications and received by the NIH Office of Designation of Manager, National the discussions could disclose Technology Transfer on or before Communications System confidential trade secrets or commercial January 2, 2004 will be considered. property such as patentable material, ADDRESSES: Requests for a copy of the AGENCY: Office of the Secretary, and personal information concerning Department of Homeland Security. individuals associated with the grant patent application, inquiries, comments ACTION: applications, the disclosure of which and other materials relating to the Notice. contemplated license should be directed would constitute a clearly unwarranted SUMMARY: In accordance with section invasion of personal privacy. to: Susan Ano, Office of Technology Transfer, National Institutes of Health, 1(e)(1) of Executive Order 12472 of Name of Committee: National Institute on 6011 Executive Boulevard, Suite 325, April 3, 1984, as amended by section 46 Aging Special Emphasis Panel, Primates and Rockville, MD 20852–3804; e-mail: of Executive Order 13286 of February the Immune System. 28, 2003, the Secretary of Homeland Date: November 24–25, 2003. [email protected]; Telephone: (301) 435– 5515; Facsimile: (301) 402–0220. Security announces the designation of Time: 6:30 p.m. to 5 p.m. the Assistant Secretary of Homeland Agendas: To review and evaluate grant SUPPLEMENTARY INFORMATION: The Security for Infrastructure Protection, applications. prospective exclusive license will be Information Analysis and Infrastructure Place: The Embassy Suites Hotel, Portland- royalty bearing and will comply with Protection Directorate as the Manager, Washington Square, 9000 SW., Washington the terms and conditions of 35 U.S.C. Square Road, Tigard, OR 97223. National Communications System 209 and 37 CFR 404.7. The prospective Contact Person: William Cruce, PhD, (NCS). Scientific Review Administrator, National exclusive license may be granted unless, Institute on Aging, National Institutes of within 60 days from the date of this DATES: The designation of the Manager, Health, Scientific Review Office, 7201 published Notice, NIH receives written National Communications System is Wisconsin Avenue, Gateway Bldg. 2C212, evidence and argument that establishes effective November 3, 2003. Bethesda, MD 20814–9692, 301–402–7704, that the grant of the license would not FOR FURTHER INFORMATION CONTACT: If [email protected]. be consistent with the requirements of you have any questions about this Dated: October 28, 2003. 35 U.S.C. 209 and 37 CFR 404.7. notice, call Ms. Marilyn Witcher, Chief,
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62309
Industry, Government, and External The Manager shall also: Dated: October 24, 2003. Affairs, National Communications (1) Implement and administer any Tom Ridge, System, telephone 703–607–6214. approved plans or programs as assigned, Secretary of Homeland Security. SUPPLEMENTARY INFORMATION: The NCS including any system of priorities and [FR Doc. 03–27550 Filed 10–31–03; 8:45 am] consists of the telecommunications preferences for the provision of BILLING CODE 4410–10–P assets of the entities represented on the communications service, in consultation NCS Committee of Principals and an with the NCS Committee of Principals administrative structure consisting of and the Federal Communications DEPARTMENT OF HOMELAND the Executive Agent, the NCS Commission, to the extent practicable or SECURITY Committee of Principals, and the otherwise required by law or regulation; Manager. The mission of the NCS is to Bureau of Citizenship and Immigration assist the President, the National (2) Chair the NCS Committee of Services Security Council, the Homeland Principals and provide staff support and Agency Information Collection Security Council, the Director of the technical assistance thereto; Activities: Proposed Collection; Office of Science and Technology (3) Serve as a focal point for joint Comment Request Policy, and the Director of the Office of industry-government planning, Management and Budget in: including the dissemination of technical ACTION: 30-day notice of information (1) The exercise of designated information, concerning the national collection under review: Application for telecommunications functions and security or emergency preparedness Advance Permission to Return to responsibilities; and telecommunications requirements of the Unrelinquished Domicile, form I–191. (2) The coordination of the planning Federal government; for and provision of national security (4) Conduct technical studies or The Department of Homeland and emergency preparedness analyses, and examine research and Security, Bureau of Citizenship and communications for the Federal development programs, for the purpose Immigration Services (BCIS), has government under all circumstances, of identifying, for consideration by the submitted the following information including crisis or emergency, attack, NCS Committee of Principals and the collection request to the Office of recovery and reconstitution. Management and Budget (OMB) for Executive Agent, improved approaches As stated in Section 1(g) of Executive review and clearance in accordance which may assist Federal entities in Order 12472 of April 3, 1984, the with the Paperwork Reduction Act of fulfilling national security or emergency Manager, NCS, shall develop for 1995. The information collection was preparedness telecommunications consideration by the NCS Committee of previously published in the Federal objectives; Principals and the Executive Agent: Register on June 4, 2003 at 68 FR 33511, (1) A recommended evolutionary (5) Pursuant to the Federal allowing for a 60-day public comment telecommunications architecture Standardization Program of the General period. No comments were received by designed to meet current and future Services Administration, and in the BCIS on this proposed information Federal government national security consultation with other appropriate collection. and emergency preparedness entities of the Federal government The purpose of this notice is to allow telecommunications requirements; including the NCS Committee of an additional 30 days for public (2) Plans and procedures for the Principals, manage the Federal comments. Comments are encouraged management, allocation and use, Telecommunications Standards and will be accepted until December 3, including the establishment of priorities Program, ensuring wherever feasible 2003. This process is conducted in or preferences, of Federally owned or that existing or evolving industry, accordance with 5 CFR 1320.10. leased telecommunications assets under national, and international standards are Written comments and/or suggestions all conditions of crisis or emergency; used as the basis for Federal regarding the items contained in this (3) Plans, procedures and standards telecommunications standards; and notice, especially regarding the for minimizing or removing technical (6) Provide such reports and perform estimated public burden and associated impediments to the interoperability of response time, should be directed to the such other duties as are from time to government-owned and/or Office of Management and Budget, time assigned by the President or his commercially-provided Office of Information and Regulatory authorized designee, the Executive telecommunications systems; Affairs, Attention: Department of Agent, or the NCS Committee of (4) Test and exercise programs and Homeland Security Desk Officer, Room Principals. Any such assignments of procedures for the evaluation of the 10235, Washington, DC 20530. responsibility to, or reports made by, the capability of the Nation’s Written comments and suggestions Manager shall be transmitted through telecommunications resources to meet from the public and affected agencies the Executive Agent. national security or emergency concerning the proposed collection of preparedness telecommunications In accordance with section 1(e)(1) of information should address one or more requirements; and Executive Order 12472 of April 3, 1984, of the following four points: (5) Alternative mechanisms for as amended by section 46 of Executive (1) Evaluate whether the proposed funding, through the budget review Order 13286 of February 28, 2003, and collection of information is necessary process, national security or emergency as the designated Executive Agent for for the proper performance of the preparedness telecommunications the National Communications System, functions of the agency, including initiatives which benefit multiple Department of Homeland Security, I whether the information will have Federal departments, agencies, or designate the position of Assistant practical utility; entities. Those mechanisms Secretary of Homeland Security for (2) Evaluate the accuracy of the recommended by the NCS Committee of Infrastructure Protection in the agency’s estimate of the burden of the Principals and the Executive Agent shall Information Analysis and Infrastructure proposed collection of information, be submitted to the Director of the Protection Directorate, as the Manager of including the validity of the Office of Management and Budget. the National Communications System. methodology and assumptions used;
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62310 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
(3) Enhance the quality, utility, and Dated: October 28, 2003. including the validity of the clarity of the information to be Richard A. Sloan, methodology and assumptions used; collected; and Department Clearance Officer, U.S. (3) Enhance the quality, utility, and (4) Minimize the burden of the Department of Homeland Security, Bureau clarity of the information to be collection of information on those who of Citizenship and Immigration Services. collected; and are to respond, including through the [FR Doc. 03–27565 Filed 10–31–03; 8:45 am] (4) Minimize the burden of the use of appropriate automated, BILLING CODE 4410–10–M collection of information on those who electronic, mechanical, or other are to respond, including through the technological collection techniques or use of appropriated automated, DEPARTMENT OF HOMELAND other forms of information technology, electronic, mechanical, or other SECURITY e.g., permitting electronic submission of technological collection techniques or responses. Bureau of Citizenship and Immigration other forms of information technology, Overview of this information Services e.g., permitting electronic submission of collection: responses. (1) Type of Information Collection: Agency Information Collection Overview of this information Extension of a currently approved Activities: Proposed Collection; collection: collection. Comment Request (1) Type of Information Collection: (2) Title of the Form/Collection: Extension of currently approved ACTION: 30-day notice of information Application for Advance Permission to collection. collection under review: Affidavit of Return to Unrelinquished Domicile. Support; Form 1–134. (2) Title of the Form/Collection: (3) Agency form number, if any, and Affidavit of Support. the applicable component of the The Department of Homeland (3) Agency form number, if any, and Department of Homeland Security Security (DHS) and the Bureau of the applicable component of the sponsoring the collection: Form I–191, Citizenship and Immigration Services Department of Homeland Security Bureau of Citizenship and Immigration (BCIS), has submitted the following sponsoring the collection: Form I–134, Services, Department of Homeland information collection request to the Bureau of Citizenship and Immigration Security. Office of Management and Budget Services, Department of Homeland (4) Affected public who will be asked (OMB) for review and clearance in Security. or required to respond, as well as a brief accordance with the Paperwork (4) Affected public who will be asked abstract: Primary: Individuals or Reduction Act of 1995. The information or required to respond, as well as a brief Households. The information collected collection was previously published in abstract: Primary: Individuals or on this form will be used by the Bureau the Federal Register on June 4, 2003 at Households. The information collected of Citizenship and Immigration Services 68 FR 33511, allowing for a 60-day by this form is used to determine to determine whether the applicant is public comment period. No comments whether the applicant for the benefit eligible for discretionary relief under were received by the BCIS on this will become a public charge is admitted section 212(c) of the Act. proposed information collection. to the United States. The purpose of this notice is to allow (5) An estimate of the total number of (5) An estimate of the total number of an additional 30 days for public respondents and the amount of time respondents and the amount of time comments. Comments are encouraged estimated for an average respondent to estimated for an average respondent to and will be accepted until December 3, respond: 300 responses at 15 minutes respond: 44,000 responses at 30 minutes 2003. This process is conducted in (.25 hours) per response. (.50 hours) per response. accordance with 5 CFR 1320.10. (6) An estimate of the total public Written comments and/or suggestions (6) An estimate of the total public burden (in hours) associated with the regarding the items contained in this burden (in hours) associated with the collection: 75 annual burden hours. notice, especially regarding the collection: 22,000 annual burden hours. If you have additional comments, estimated public burden and associated If you have additional comments, suggestions, or need a copy of the response time, should be directed to the suggestions, or need a copy of the proposed information collection Office of Management and Budget, proposed information collection instrument with instructions, or Office of Information and Regulatory instrument with instructions, or additional information, please contact Affairs, Attention: Department of additional information, please contact Richard A. Sloan 202–514–3291, Homeland Security Desk Officer, 725– Richard A. Sloan 202–514–3291, Director, Regulations and Forms 17th Street, NW., Room 10235, Director, Regulations and Forms Services Division, U.S. Department of Washington, DC 20530. Services Division, U.S. Department of Homeland Security, Room 4304, 425 I Written comments and suggestions Homeland Security, Room 4304, 425 I Street, NW., Washington, DC 20536. from the public and affected agencies Street, NW., Washington, DC 20536. Additionally, comments and/or concerning the proposed collection of Additionally, comments and/or suggestions regarding the item(s) information should address one or more suggestions regarding the item(s) contained in this notice, especially of the following four points. contained in this notice, especially regarding the estimated public burden (1) Evaluate whether the proposed regarding the estimated public burden and associated response time may also collection of information is necessary and associated response time may also be directed to Mr. Richard A. Sloan. for the proper performance of the be directed to Mr. Richard A. Sloan. If additional information is required functions of the agency, including If additional information is required contact: Ms. Yvonne Pollard, Clearance whether the information will have contact: Ms. Yvonne Pollard, Clearance Officer, U.S. Department of Homeland practical utility; Officer, U.S. Department of Homeland Security, Regional Office Building 3, 7th (2) Evaluate the accuracy of the Security, Regional Office Building 3, 7th and D Streets, SW., Suite 4636–26, agency’s estimate of the burden of the and D Street, SW., Suite 4636–26, Washington, DC 20202. proposed collection of information, Washington, DC 20202.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62311
Dated: October 28, 2003. (3) Enhance the quality, utility, and Dated: October 28, 2003. Richard A. Sloan, clarity of the information to be Richard A. Sloan, Department Clearance Officer, U.S. collected; and Department Clearance Officer, U.S. Department of Homeland Security, Bureau (4) Minimize the burden of the Department of Homeland Security, Bureau of Citizenship and Immigration Services. collection of information on those who of Citizenship and Immigration Services. [FR Doc. 03–27566 Filed 10–31–03; 8:45 am] are to respond, including through the [FR Doc. 03–27567 Filed 10–31–03; 8:45 am] BILLING CODE 4410–10–M use of appropriate automated, BILLING CODE 4410–10–M electronic, mechanical, or other technological collection techniques or DEPARTMENT OF HOMELAND other forms of information technology, DEPARTMENT OF HOUSING AND SECURITY e.g., permitting electronic submission of URBAN DEVELOPMENT Bureau of Citizenship and Immigration responses. [Docket No. FR–4800–FA–9D] Service Overview of this information collection: Announcement of Funding Awards for Agency Information Collection (1) Type of Information Collection: Fiscal Year 2003 Alaska Native/Native Activities: Proposed Collection; Extension of a currently approved Hawaiian Institutions Assisting Comment Request collection. Communities Program ACTION: 30-day notice of information (2) Title of the Form/Collection: AGENCY: Office of the Assistant collection under review: Application for Application for Waiver of Ground of Secretary for Policy Development and Waiver of Ground of Excludability; Excludability. Research, HUD. Form I–601. (3) Agency form number, if any, and ACTION: Announcement of funding the applicable component of the awards. The Department of Homeland Department of Justice sponsoring the Security (DHS), Bureau of Citizenship collection: Form I–601, Bureau of SUMMARY: In accordance with section and Immigration Services (BCIS), has Citizenship and Immigration Services, 102(a)(4)(C) of the Department of submitted the following information Department of Homeland Security. Housing and Urban Development collection request to the Office of Reform Act of 1989, this document (4) Affected public who will be asked Management and Budget (OMB) for notifies the public of funding awards for or required to respond, as well as a brief review and clearance in accordance Fiscal Year 2003 Alaska Native/Native abstract: Primary: Individuals or with the Paperwork Reduction Act of Hawaiian Institutions Assisting Households. The information collected 1995. The information collection was Communities Program. The purpose of on this form will be used by the previously published in the Federal this document is to announce the Immigration and Naturalization Service Register on July 3, 2003 at 68 FR 39957, names, addresses and the amount to determine whether the applicant is allowing for a 60-day public comment awarded to the winners to be used to eligible for a waiver of excludability period. No comments were received by assist Alaska Native/Native Hawaiian under section 212 of the Immigration the BCIS on this proposed information institutions of higher education to and Nationality act. collection. expand their role and effectiveness in The purpose of this notice is to allow (5) An estimate of the total number of addressing communities in their an additional 30 days for public respondents and the amount of time localities, consistent with the purpose of comments. Comments are encouraged estimated for an average respondent to Title I of the Housing and Community and will be accepted until December 3, respond: 3,000 responses at 30 minutes Development Act of 1974, as amended. 2003. This process is conducted in (.50 hours) per response. FOR FURTHER INFORMATION CONTACT: accordance with 5 CFR 1320.10. (6) An estimate of the total public Written comments and/or suggestions Susan Brunson, Office of University burden (in hours) associated with the Partnerships, U.S. Department of regarding the items contained in this collection: 1,500 annual burden hours. notice, especially regarding the Housing and Urban Development, Room If you have additional comments, estimated public burden and associated 8106, 451 Seventh Street, SW., suggestions, or need a copy of the response time, should be directed to the Washington, DC 20410, telephone (202) proposed information collection Office of Management and Budget, 708–3061, ext. 3852. To provide service instrument with instructions, or Office of Information and Regulatory for persons who are hearing or speech additional information, please contact Affairs, Attention: DHS Desk Officer, impaired, this number may be reached Richard A. Sloan 202–514–3291, Room 10235, Washington, DC 20530. via TTY by Dialing the Federal Written comments and suggestions Director, Regulations and Forms Information Relay Service on 800–877– from the public and affected agencies Services Division, U.S. Department of 8339 or 202–708–1455. (Telephone concerning the proposed collection of Homeland Security, Room 4304 425 I number, other than ‘‘800’’ TTY numbers information should address one or more Street, NW., Washington, DC 20536. are not toll free). of the following four points: Additionally, comments and/or SUPPLEMENTARY INFORMATION: The (1) Evaluate whether the proposed suggestions regarding the item(s) Alaska Native/Native Hawaiian collection of information is necessary contained in this notice, especially Institutions Assisting Communities for the proper performance of the regarding the estimated public burden Program was approved by Congress functions of the agency, including and associated response time may also under section 107 of the Community whether the information will have be directed to Mr. Richard A. Sloan. Development Block Grant practical utility; If additional information is required appropriations for the Fiscal Year 2003, (2) Evaluate the accuracy of the contact: Ms. Yvonne Pollard, Clearance and is administered by the Office of agency’s estimate of the burden of the Officer, U.S. Department of Homeland University Partnerships under the Office proposed collection of information, Security, Regional Office Building 3, 7th of the Assistant Secretary for Policy including the validity of the and D Streets, SW., Suite 4636–26, Development and Research. In addition methodology and assumptions used; Washington, DC 20202. to this program, the Office of University
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62312 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Partnerships administers HUD’s ongoing University of Alaska Fairbanks, P.O. University Partnerships under the grant programs to institutions of higher Box 368, Bethel, AK, 99559. Grant: Assistant Secretary for Policy education as well as creates initiatives $798,598. Development and Research. In addition through which colleges and universities 5. Ilisagvik College, Karen E. Stretch, to this program, the Office of University can bring their traditional missions of Ilisagvik College, P.O. Box 749, Barrow, Partnerships administers HUD’s ongoing teaching, research, service, and outreach AK, 99723. Grant: $799,724. grant programs to institutions of higher to bear on the pressing local problems Dated: October 17, 2003. education as well as creates initiatives in their communities. Darlene F. Williams, through which colleges and universities The AN/NHIAC program provides can bring their traditional missions of General Deputy Assistant Secretary for Policy funds for a wide range of CDBG-eligible Development and Research. teaching, research, service, and outreach activities including housing to bear on the pressing local problems [FR Doc. 03–27530 Filed 10–31–03; 8:45 am] rehabilitation and financing, property in their communities. demolition or acquisition, public BILLING CODE 4210–62–P The HSIAC program provides funds facilities, economic development, for a wide range of CDBG-eligible business entrepreneurship, and fair DEPARTMENT OF HOUSING AND activities including housing housing programs. Of the $6.981 million URBAN DEVELOPMENT rehabilitation and financing, property available, $3.4 million was allotted to demolition or acquisition, public fund Alaskan Hawaiian institutions and [Docket No. FR–4800–FA–9C] facilities, economic development, $3.4 million to fund Native Hawaiian business entrepreneurship, and fair institutions. Each eligible campus was Announcement of Funding Awards for housing programs. permitted to apply individually, for Fiscal Year 2003; Hispanic-Serving The Catalog Federal Domestic $800,000 the maximum amount that can Institutions Assisting Communities Assistance number for this program is be awarded for a period of 36 months. Program 14.514. On April 25, 2003, (68 FR 21116), The Catalog of Federal Domestic AGENCY: Office of the Assistant HUD published a Notice of Funding Assistance number for this program is Secretary for Policy Development and Availability (NOFA) announcing the 14.515. Research, HUD. On April 25, 2003 (68 FR 21121), availability of $7.04 million in Fiscal HUD published a Notice of Funding ACTION: Announcement of funding Year 2003 for the HSIAC Program. The Availability (NOFA) announcing the awards. Department reviewed, evaluated, and availability of $6.981 million in Fiscal SUMMARY: In accordance with section scored the applications received based Year 2003 for the AN/NHIAC Program. 102(a)(4)(C) of the Department of on the criteria in the NOFA. As a result, The Department reviewed, evaluated, Housing and Urban Development HUD has funded the applications below, and scored the applications received Reform Act of 1989, this document in accordance with section 102(a)(4)(C) based on the criteria in the NOFA. As notifies the public of funding awards for of the Department of Housing and Urban a result, HUD has funded the Fiscal Year 2003 Hispanic-Serving Development Reform Act of 1989 (103 applications below, in accordance with Institutions Assisting Communities Stat. 1987, 42 U.S.C. 3545), the section 102(a)(4)(C) of the Department of Program (HSIAC). The purpose of this Department is publishing details Housing and Urban Development document is to announce the names, concerning the recipients of funding Reform Act of 1989 (103 Stat. 1987, 42 addresses and the amount awarded to awards, as set forth below. U.S.C. 3545), the Department is the winners to be used to help Hispanic- publishing details concerning the List of Awardees for Grant Assistance Serving Institutions of Higher Education Under the FY 2003 Hispanic-Serving recipients of funding awards, as set to expand their role and effectiveness in forth below. Institutions Assisting Communities addressing community development Program Funding Competition, by List of Awardees for Grant Assistance needs in their localities, consistent with Institution, Address and Grant Amount Under the FY 2003 Alaska Native/ the purposes of HUD’s Community Native Hawaiian Institituions Assisting Development Block Grant program New York/New Jersey Commuinities Program Funding (CDBG). 1. Lehman College, Ms. Eleanor Competition, by Institution, Address FOR FURTHER INFORMATION CONTACT: Lundeen, Lehman College, 250 Bedford and Grant Amount Susan Brunson, Office of University Park Blvd., Bronx, NY 10468. Grant: $600,000. Pacific/Hawaii Partnerships, U.S. Department of Housing and Urban Development, Room 1. Chaminade University of Honolulu, Southeast/Caribbean 8106, 451 Seventh Street, SW., Dr. Henery H. Gomes, Chaminade 2. Universidad Metropolitana, Dr. Washington, DC 20410, telephone (202) University of Honolulu, Office of the Zaida Vega Lugo, Universidad 708–3061, ext. 3852. To provide service Provost, 3140 Waialae Avenue, Metropolitana, P.O. Box 21150, San for persons who are hearing or speech Honolulu, HI 96816. Grant: $799,297. Juan, PR 00928. Grant: $554,884. impaired, this number may be reached Northwest/Alaska via TTY by Dialing the Federal Southwest 2. University of Alaska Fairbanks, Dr. Information Relay Service on 800–877– 3. San Antonio College, Mary Helen Margaret Woods, Northwest Campus, 8339 or 202–708–1455. (Telephone Vera, Ph.D., Women’s Center, 1300 San University of Alaska Fairbanks, Pouch number, other than ‘‘800’’ TTY numbers Pedro Avenue, San Antonio, TX 78212. 400, Nome, AK, 99762. Grant: $799,820. are not toll free). Grant: $594,763. 3. University of Alaska Fairbanks, Dr. SUPPLEMENTARY INFORMATION: The 4. The University of Texas Pan Deborah McLean-Nelson, Bristol Bay, Hispanic-Serving Institutions Assisting American, Mr. Pedro Salazar, The University of Alaska Fairbanks, P. O. Communities Program was approved by University of Texas Pan American, 1201 Box 1070, Dillingham, AK, 99576. Congress under section 107 of the W University Drive, Edinburg, TX Grant: $800,000. Community Development Block Grant 78539. Grant: $600,000. 4. University of Alaska Fairbanks, Bob appropriations for the Fiscal Year 2003, 5. St. Phillips College, Federico Medinger, Kuskookwim Campus, and is administered by the Office of Zaragoza, Ph.D., St. Phillips College,
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62313
1801 Martin Luther King, San Antonio, and Universities (HBCUs) expand their based on the criteria in the NOFA. As TX 78203. Grant: $600,000. role and effectiveness in addressing a result, HUD has funded the 6. San Jacinto College, Mr. James community development needs in their applications below, in accordance with Matlock III, San Jacinto College, 4624 localities, consistent with the purposes section 102(a)(4)(C) of the Department of Fairmount Parkway, Pasadena, TX of HUD’s Community Development Housing and Urban Development 77504. Grant: $597,986. Block Grant program (CDBG). Reform Act of 1989 (103 Stat. 1987, 42 7. Midland College, Mr. Alfredo FOR FURTHER INFORMATION CONTACT: U.S.C. 3545), the Department is Chaparro, Midland College, 3600 North Susan Brunson, Office of University publishing details concerning the Garfield, Midland, TX 79705. Grant: Partnerships, U.S. Department of recipients of funding awards, as set $600,000. Housing and Urban Development, Room forth below. Pacific/Hawaii 8106, 451 Seventh Street, SW., List of Awardees for Grant Assistance Washington, DC 20410, telephone (202) 8. Long Beach Community College Under the FY 2003 Historically Black 708–3061, ext. 3852. To provide service District, Ms. Yvonne Gonzalez Duncan, Program Funding Competition, by for persons who are hearing or speech Long Beach Community College, 4901 E. Institution, Address, and Grant Amount impaired, this number may be reached Carson Street, Long Beach, CA 90808. via TTY by Dialing the Federal Mid-Atlantic Grant: $600,000. 9. San Diego State University, Ms. Information Relay Service on 800–877– 1. Howard University, Dr. Arthur S. Suzanna Fuentes-Ferreiro, San Diego 8339 or 202–708–1455. (Telephone Paul, Howard University, 600 West State University, 720 Heber Avenue, number, other than ‘‘800’’ TTY numbers Street, NW., Washington, DC 20001. Calexico, CA 92231. Grant: $600,000. are not toll free). Grant: $550,000. SUPPLEMENTARY INFORMATION: The 10. Bakersfield College, Mr. Ken Southeast/Caribbean Meier, Bakersfield College, 1801 Historically Black Colleges and Panorama Drive, Bakersfield, CA 93305. Universities Program was enacted under 2. LeMoyne-Owen College, Mr. Jeffrey Grant: $499,975. section 107 of the CDBG appropriation Higgs, LeMoyne-Owen College, 802 11. California State University- for Fiscal Year 2003, as part of the Walker Avenue, Suite 5, Memphis, TN Bakersfield, Dr. Janice Chavez, ‘‘Veterans Administration, HUD and 38126. Grant: $550.00. California State University-Bakersfield, Independent Agencies Appropriations 3. Florida Agricultural and 9001 Stockdale Highway, Bakersfield, Act of 2003’’ and is administered by the Mechanical University, Dr. Patricia W. CA 93311. Grant: $600,000. Office of University Partnerships under McGill, Florida Agricultural and the Assistant Secretary for Policy Mechanical University, 400 Foote Northwest/Alaska Development and Research. In addition Hilyer, Administration Center, 12. Heritage College, Ms. Mary Alice to this program, the Office of University Tallahassee, FL 32307. Grant: $550,000. Muellerleile, Heritage College, 3240 Fort Partnerships administers HUD’s ongoing 4. Johnson C. Smith University, Mr. Road, Toppenish, WA 98948. Grant: grant programs to institutions of higher Steven K. Washington, Johnson C. $598,380. education as well as creates initiatives Smith University, 100 Beatties Ford Dated: October 17, 2003. through which colleges and universities Road, Charlotte, NC 28216. Grant: Darlene F. Williams, can bring their traditional missions of $531,651. 5. Winston-Salem State University, General Deputy Assistant Secretary for Policy teaching, research, service, and outreach Development and Research. to bear on the pressing local problems Ms. Valerie Howard, Winston-Salem State University, 601 North Martin [FR Doc. 03–27529 Filed 10–31–03; 8:45 am] in their communities. The HBCU Program provides funds Luther King Jr. Drive, Winston-Salem, BILLING CODE 4210–62–P for a wide range of CDBG-eligible NC 27110. Grant: $550,000. activities including housing 6. Barber-Scotia College, Ms. Joann DEPARTMENT OF HOUSING AND rehabilitation and financing, property Graham, Barber-Scotia College, 145 URBAN DEVELOPMENT demolition or acquisition, public Cabarrus Avenue, West, Concord, NC facilities, economic development, 28025. Grant: $ 550,000. [Docket No. FR–4800–FA–9B] business entrepreneurship, and fair 7. Lawson State Community College, housing programs. Dr. Eva Carter, Lawson State Announcement of Funding Awards for The Catalog Federal Domestic Community College, 3060 Wilson Road, Fiscal Year 2003; Historically Black Assistance number for this program is SW, Birmingham, AL 35221. Grant: Colleges and Universities Program 14.237. $550,000. AGENCY: Office of the Assistant On April 25, 2003, (68 FR 21111), 8. Claflin University, Mr. Leon Secretary for Policy Development and HUD published a Notice of Funding Brunson, Claflin University, 400 Research, HUD. Availability (NOFA) announcing the Magnolia Street, Orangeburg, SC 29115. ACTION: Announcement of funding availability of $9.935 million ($2million Grant: $550,000. awards. of these funds are earmarked to provide 9. Voorhees College, Mr. William B. technical assistances) in Fiscal Year Owens, Voorhees College, P.O. Box 678, SUMMARY: In accordance with section 2003 for the HBCU Program. Of this Denmark, SC 29042. Grant: $500,321. 102(a)(4)(C) of the Department of amount, $1.4 million was available to 10. Tuskegee University, Ms. Leslie V. Housing and Urban Development HBCU applicants that had not been Porter, Tuskegee University, Kresge Reform Act of 1989, this document funded in the past (the maximum Center, Tuskegee, AL 36088. Grant: notifies the public of funding awards for amount an applicant can be awarded is $550,000. Fiscal Year 2003 Historically Black $340,000) and $6.6 million was 11. University of the Virgin Islands, Colleges and Universities Program. The available to fund HBCU applicants that Ms. Ilene Garner, University of the purpose of this document is to had been previously funded (applicant Virgin Islands, #2 Brewers Bay, St. announce the names, addresses and the could request $340,000 to $550,000). Thomas, VI 00803. Grant: $541,000. amount awarded to the winners to be The Department reviewed, evaluated, 12. Lane College, Dr. Wesley used to help Historically Black Colleges and scored the applications received Cornelious McClure, Lane College, 545
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62314 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Lane Avenue, Jackson, TN 38301. Grant: HUD and Independent Agencies 6. Blackfeet Community College, Dr. $340,000. Appropriations Act of 2003’’ and is Terrance E. Whitright, Blackfeet administered by the Office of University Community College, P.O. Box 819, Southwest Partnerships under the Office of the Browing, MT, 59417. Grant: $390,500. 13. Southern University at New Assistant Secretary for Policy 7. Oglala Lakota College, Dr. Thomas Orleans, Dr. Leetta Allen-Hayes, Development and Research. In addition Shorthull, Oglala Lakota College, 490 Southern University at New Orleans, to this program, the Office of University Piya Wiconi Road, Kyle, SD, 57752. 6400 Press Drive, New Orleans, LA Partnerships administers HUD’s ongoing Grant: $400,000. 70126. Grant: $550,000. grant programs to institutions of higher 14. Texas Southern University, Ms. education as well as creates initiatives Midwest Ella M. Nunn, Texas Southern through which colleges and universities 8. Leech Lake Tribal College, Lenee University, 3100 Cleburne Avenue, can bring their traditional missions of Ross, Leech Lake Tribal College, 113 Houston, TX 77004. Grant: $550,000. teaching, research, service, and outreach Balsam Avenue, NW, P.O. Box 180, Cass Dated: October 17, 2003. to bear on the pressing local problems Lake, MT, 56633. Grant: $400,000. Darlene F. Williams, in their communities. Dated: October 17, 2003. The Tribal Colleges and Universities General Deputy Assistant Secretary for Policy Program assist tribal colleges and Darlene F. Williams, Development and Research. universities to build, expand, renovate, General Deputy Assistant Secretary for Policy [FR Doc. 03–27528 Filed 10–31–03; 8:45 am] and equip their own facilities. On April Development and Research. BILLING CODE 4210–62–P 25, 2003 (68 FR 21126), HUD published [FR Doc. 03–27531 Filed 10–31–03; 8:45 am] a Notice of Funding Availability BILLING CODE 4210–62–P (NOFA) announcing the availability of DEPARTMENT OF HOUSING AND $3.1 million in Fiscal Year 2003 funds URBAN DEVELOPMENT for the Tribal Colleges and Universities DEPARTMENT OF THE INTERIOR [Docket No. FR–4800–FA–9E] Program. The Department reviewed, evaluated and scored the applications Fish and Wildlife Service Announcement of Funding Awards for received based on the criteria in the Fiscal Year 2003; Tribal Colleges and NOFA. As a result, HUD funded eight Endangered and Threatened Species Universities Program applications. Permit Applications The Catalog Federal Domestic AGENCY: Office of the Assistant Assistance number for this program is AGENCY: Fish and Wildlife Service, Secretary for Policy Development and 14.519. Interior. Research, HUD. In accordance with section 102(a) ACTION: Notice of receipt of applications. ACTION: Announcement of funding (4)(C) of the Department of Housing and awards. Urban Development Reform Act of 1989 SUMMARY: The following applicants have (103 Stat. 1987, 42 U.S.C. 3545), the applied for scientific research permits to SUMMARY: In accordance with section Department is publishing details conduct certain activities with 102(a)(4)(C) of the Department of concerning the recipients of funding endangered species pursuant to section Housing and Urban Development awards, as follows. 10(a)(1)(A) of the Endangered Species Reform Act of 1989, this document Act of 1973, as amended. notifies the public of funding awards for List of Awardees for Grant Assistance Fiscal Year 2003 Tribal Colleges and Under the FY 2003 Tribal Colleges and DATES: To ensure consideration, written Universities Program. The purpose of Universities Program Funding comments must be received on or before this document is to announce the names Competition, by Institution, Address, December 3, 2003. and addresses of the award winners and and Grant Amount ADDRESSES: Written comments should be submitted to the Chief, Endangered the amount of the awards which are to Rocky Mountains be used to enable tribal colleges and Species Division, Ecological Services, universities to build, expand, renovate, 1. Salish Kootenai College, Dr. Joseph P.O. Box 1306, Albuquerque, New and equip their own facilities, McDonald, Salish Kootenai College, Mexico 87103. Documents and other especially those that are available to and P.O. Box 117, Pablo, MT 59855. Grant: information submitted with these used by the larger community. $384,552. applications are available for review, 2. United Tribes Technical College, FOR FURTHER INFORMATION CONTACT: subject to the requirements of the Russell Swagger, United Tribes Susan Brunson, Office of University Privacy Act and Freedom of Information Technical College, 3315 University Partnerships, Department of Housing Act. Documents will be available for Drive, Bismarck, ND, 58504. Grant: and Urban Development, Room 8106, public inspection, by appointment only, $400,000. 451 Seventh Street, SW., Washington, during normal business hours at the 3. Sinte Gleska University, Dr. Georgia U.S. Fish and Wildlife Service, 500 Gold DC 20410, telephone (202) 708–3061, Hackett, Sinte Gleska University, ext. 3852. To provide service for persons Avenue SW., Room 4102, Albuquerque, Rosebud Sioux Reservation, 150 East New Mexico. Please refer to the who are hearing or speech impaired, 2nd Street, Mission, SD, 57555. Grant: this number may be reached via TTY by respective permit number for each $400,000. application when submitting comments. Dialing the Federal Information Relay 4. Chief Dull Knife College, Bill All comments received, including Service on 800–877–8339 or 202–708– Wertman, Chief Dull Knife College, P.O. names and addresses, will become part 1455 (Telephone number, other than Box 98, Lame Deer, MT, 59043. Grant: of the official administrative record and ‘‘800’’ TTY numbers are not toll free). $400,000. SUPPLEMENTARY INFORMATION: The Tribal 5. Turtle Mountain Community may be made available to the public. Colleges and Universities Program was College, Dr. Gerald E. Monette, Turtle FOR FURTHER INFORMATION CONTACT: enacted under section 107 of the CDBG Mountain Community College, P.O. Box Chief, Endangered Species Division, appropriation for Fiscal Year 2003, as 340, Belcourt, ND 58136. Grant: (505) 248–6920. part of the ‘‘Veterans Administration, $400,000. SUPPLEMENTARY INFORMATION:
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62315
Permit No. TE–834782 Permit No. TE–078304 survival permit under section Applicant: Terri L. Symonds, Dallas, 10(a)(1)(A) of the Endangered Species Applicant: WestLand Resources, Inc., Act of 1973, as amended (ESA). The Tucson, Arizona Texas Applicant requests a new permit for IDFG is the proposed permit applicant. Applicant requests an amendment to The Service is furnishing this notice research and recovery purposes to an existing permit to allow presence/ in order to: (1) Advise other Federal and conduct presence/absence surveys for absence surveys for Yuma clapper rail State agencies, affected tribes, and the the following species where they occur (Rallus longirostris yumanensis) within public of our intentions; (2) announce within Arizona, California, New Arizona. the initiation of a 21-day public scoping Mexico, and Texas: black-capped vireo period; and (3) to obtain suggestions and Permit No. TE–077699 (Vireo atricapilla), cactus ferruginous information on the scope of issues to be pygmy owl (Glaucidium brasilianum Applicant: Charles H. Lewis, Phoenix, addressed in the environmental cactorum), golden-cheeked warbler Arizona document. (Dendroica chrysoparia), least Bell’s Applicant requests a new permit for vireo (Vireo bellii pusillus), DATES: Written comments from all research and recovery purposes to southwestern willow flycatcher interested parties must be received on or conduct presence/absence surveys for (Empidonax traillii extimus), and Yuma before November 24, 2003. the cactus ferruginous pygmy-owl clapper rail (Rallus longirostris ADDRESSES: Comments should be (Glaucidium brasilianum cactorum) yumanensis). addressed to Carmen Thomas, Project within Arizona. Biologist, U.S. Fish and Wildlife Permit No. TE–078347 Service, 1387 S. Vinnell Way, Room Permit No. TE–076050 Applicant: U.S. Fish and Wildlife 368, Boise, Idaho 83709; facsimile: (208) Applicant: McAlester Army Service, Ajo, Arizona 378–5262. Ammunition Plant, McAlester, Applicant requests a permit for FOR FURTHER INFORMATION CONTACT: Oklahoma individuals to possess, capture, Carmen Thomas at the above address or telephone: (208) 378–5243. Applicant requests a new permit for administer health care, introduce, research and recovery purposes to manage, monitor, maintain, and breed SUPPLEMENTARY INFORMATION: Candidate conduct presence/absence surveys for Sonoran pronghorn (Antilocapra Conservation Agreements with the American burying beetle americana sonoriensis) within the Semi- Assurances contain a strategy for (Nicrophorus americanus) within Captive Breeding Facility located on the covered lands and activities that Oklahoma. Cabeza Prieta National Wildlife Refuge. constitute an applicant’s contribution to Authority: 16 U.S.C. 1531, et seq. avoid listing or remove the need to list Permit No. TE–078070 a covered species as threatened or Dated: October 14, 2003. endangered under the ESA. In return, an Applicant: University of Arizona, Bryan Arroyo, applicant receives assurances that it will Environmental Research Laboratory, Assistant Regional Director, Ecological not be required to provide additional Tucson, Arizona Services, Region 2, Albuquerque, New conservation measures if any of the Applicant requests a new permit for Mexico. covered species become listed under the research and recovery purposes to [FR Doc. 03–27546 Filed 10–31–03; 8:45 am] ESA in the future. receive bonytail chub (Gila elegans) and BILLING CODE 4310–55–P The proposed CCAA planning Apache trout (Oncorhynchus apache), document would cover approximately in order to assess the effects of water 1,000,000 acres in Adams, Washington, quality on the endocrine system DEPARTMENT OF THE INTERIOR Payette, and Gem Counties, Idaho; function of these species. within this area, individual non-Federal Fish and Wildlife Service landowners could voluntarily enroll Permit No. TE–078189 Southern Idaho Ground Squirrel lands under the proposed CCAA. It is Applicant: Adkins Consulting, Programmatic Candidate Conservation unknown how many landowners would Farmington, New Mexico Agreement With Assurances participate and enroll lands under the Applicant requests a new permit for CCAA, however, we expect the acreage AGENCY: research and recovery purposes to Fish and Wildlife Service, of enrolled lands to be substantially less conduct presence/absence surveys for Interior. than 1,000,000 acres. The primary goal of the proposed the following species within New ACTION: Notice of intent. CCAA would be to implement habitat Mexico: black-footed ferret (Mustela SUMMARY: Pursuant to the National and population conservation measures nigripes), southwestern willow Environmental Policy Act, this notice on non-Federal lands enrolled under the flycatcher (Empidonax traillii extimus), advises the public that the U.S. Fish and CCAA for the southern Idaho ground Knowlton cactus (Pediocactus Wildlife Service (Service), in squirrel (Spermophilus brunneus knowltonii), and Mancos milk-vetch cooperation with the Idaho Department endemicus). Habitat conservation (Astragalus humillimus). of Fish and Game (IDFG) and the Idaho measures would focus on restoration or Permit No. TE–078127 Governor’s Office of Species protection of native plant communities, Conservation, intends to gather including shrub/steppe habitat, or other Applicant: The Dallas World Aquarium information necessary to prepare an habitat management measures to benefit Corporation, Dallas, Texas environmental document this species. Other conservation Applicant requests a new permit for (environmental assessment and/or measures could include: minimization research and recovery purposes to allow environmental impact statement) of impacts from land use activities in education display of the hawksbill sea regarding a proposed Southern Idaho southern Idaho ground squirrel- turtle (Eretmochelys imbricata) and Ground Squirrel Programmatic occupied habitat to conserve ground Kemp’s ridley sea turtle (Lepidochelys Candidate Conservation Agreement with squirrel populations; prohibition of kempii). Assurances (CCAA) and enhancement of shooting, trapping, and poisoning of
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62316 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
southern Idaho ground squirrels; Management Working Group (TAMWG). DEPARTMENT OF THE INTERIOR reintroduction of southern Idaho ground The TAMWG affords stakeholders the squirrels into unoccupied suitable opportunity to give policy, management, Bureau of Land Management habitat; and authorization for Service and technical input concerning Trinity [OR–030–1020–XX: G 04–0019] and IDFG personnel to access enrolled River restoration efforts to the Trinity lands for purposes of monitoring Management Council. Primary Resource Advisory Council Meeting southern Idaho ground squirrel objectives of the meeting will include: populations and habitat. Potential AGENCY: Bureau of Land Management 2004 budget update, TAMWG’s (BLM), Vale District, Interior. covered activities include: crop operations and procedures, Director’s ACTION: Meeting notice for the John Day/ cultivation and harvesting, livestock report, update strategic plan and science Snake Resource Advisory Council. grazing and production, farm equipment framework, watershed restoration and operation, and recreational activities other subcommittee reports, fish return SUMMARY: The John Day/Snake Resource (e.g., hunting, fishing, camping, dog report, Cableway gravel introduction Advisory Council will meet in the training, and use of recreational vehicles project, review and recommendation of Tamastslikt Cultural Institute’s Multi on and off established roads). The Service will conduct an watershed and tributary restoration Purpose Theater, at the Wildhorse environmental review of the proposed element for Trinity River Mainstem Resort & Casino, 7277 Highway 331, CCAA and prepare an environmental Fishery Restoration SEIS/EIR, and Pendleton, OR 97801 8 a.m. to 4 p.m., document. The review will analyze the update on possible litigation settlement. (Pacific Time PT) on Tuesday, CCAA, as well as a full range of The agenda items are approximate and December 2, 2003. reasonable alternatives, and the are dependent on the amount of time The meeting may include such topics associated impacts of each. Should each item takes. The meeting could end as Program of Work, Wild Horse and information become available that early if the agenda has been completed. Burro issues, Sagegrouse Subcommittee indicates significant environmental The meeting is open to the public. Report, and other matters as may impacts from the proposed CCAA, an reasonably come before the Board. The DATES: The Trinity Adaptive Environmental Impact Statement will be entire meeting is open to the public. For Management Working Group will meet prepared. Comments and suggestions a copy of the information to be are invited from all interested parties to from 10 a.m. to 5 p.m. on Monday, distributed to the Board members, ensure the full range of issues related to December 8, 2003. please submit a written request to the Vale District Office 10 days prior to the this proposed action are identified. ADDRESSES: The meeting will be held at Comments or questions should be meeting. Public comment is scheduled the Weaverville Victorian Inn, 1709 for 11 a.m. to 11:15 a.m. PT. addressed to the Service at the address Main Street, Weaverville, California FOR FURTHER INFORMATION CONTACT: or telephone number provided above. 96093. The phone number is (530) 623– Additional information concerning the See ADDRESSES and FOR FURTHER 4432. INFORMATION CONTACT. John Day/Snake Resource Advisory The environmental review of this FOR FURTHER INFORMATION CONTACT: Dr. Council may be obtained from Peggy proposed project will be conducted in Mary Ellen Mueller of the U.S. Fish and Diegan, Management Assistant/ accordance with the requirements of the Wildlife Service, California/Nevada Webmaster, Vale District Office, 100 National Environmental Policy Act of Operations Office, 2800 Cottage Way, Oregon Street, Vale, OR 97918, (541) 1969, as amended (42 U.S.C. 4321 et W–2606, Sacramento, California 95825, 473–6244, or e-mail _ seq.), National Environmental Policy (916) 414–6464. Dr. Mary Ellen Mueller Peggy [email protected]. Act Regulations (40 CFR parts 1500– is the designee of the committee’s Dated: October 28, 2003. 1508), other applicable Federal laws and Federal Official—Steve Thompson, Tom Terry, regulations, and policies and procedures Manager of the U.S. Fish and Wildlife Assistant District Manager, Field Support. of the Service for compliance with those Service, California/Nevada Operations [FR Doc. 03–27543 Filed 10–31–03; 8:45 am] regulations. Office. BILLING CODE 4310–33–P Dated: October 23, 2003. SUPPLEMENTARY INFORMATION: William F. Shake, For background information and questions Deputy Regional Director, Fish and Wildlife DEPARTMENT OF THE INTERIOR Service, Region 1, Portland, Oregon. regarding the Trinity River Restoration [FR Doc. 03–27547 Filed 10–31–03; 8:45 am] Program, please contact Douglas Minerals Management Service Schleusner, Executive Director, Trinity BILLING CODE 4310–55–P River Restoration Program, P.O. Box Agency Information Collection 1300, 1313 South Main Street, Activities: Submitted for Office of Management and Budget (OMB) DEPARTMENT OF THE INTERIOR Weaverville, California 96093, (530) 623–1800. Review; Comment Request Fish and Wildlife Service Dated: October 27, 2003. AGENCY: Minerals Management Service (MMS), Interior. Notice of Meeting of the Trinity D. Kenneth McDermond, ACTION: Adaptive Management Working Group Acting Manager, California/Nevada Notice of extension of an Operations Office, Sacramento, CA. information collection (1010–0143). AGENCY: Fish and Wildlife Service, Interior. [FR Doc. 03–27545 Filed 10–31–03; 8:45 am] SUMMARY: To comply with the BILLING CODE 4310–55–P ACTION: Notice of meeting. Paperwork Reduction Act of 1995 (PRA), MMS is notifying the public that SUMMARY: Pursuant to section 10(a)(2) of it has submitted to OMB an information the Federal Advisory Committee Act (5 collection request (ICR) to renew U.S.C. App. I), this notice announces a approval of the paperwork requirements meeting of the Trinity Adaptive in the regulations under 30 CFR 260,
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62317
‘‘Outer Continental Shelf Oil and Gas decisions on the shares of the royalty- Agencies must specifically solicit Leasing.’’ This notice also provides the suspension volume that applies to comments to: (a) evaluate whether the public a second opportunity to multiple pre-2001 eligible leases on the proposed collection of information is comment on the paperwork burden of same field. The information is used to necessary for the agency to perform its these regulatory requirements. ensure royalty suspension volume is duties, including whether the DATES: Submit written comments by properly allocated among constituent information is useful; (b) evaluate the December 3, 2003. leases in a field. Respondents may accuracy of the agency’s estimate of the ADDRESSES: You may submit comments request reconsideration of an burden of the proposed collection of either by fax (202) 395–6566 or email assignment of their lease that has a information; (c) enhance the quality, ([email protected]) directly qualifying well to an existing field or to usefulness, and clarity of the to the Office of Information and a newly designated field. MMS will use information to be collected; and (d) Regulatory Affairs, OMB, Attention: the information to reconsider and minimize the burden on the Desk Officer for the Department of the adjust, if necessary, the initial field respondents, including the use of Interior (1010–0143). Mail or hand carry assignment for a lease. These decisions automated collection techniques or a copy of your comments to the can be contentious because a favorable other forms of information technology. Department of the Interior; Minerals field assignment can save a lessee tens To comply with the public Management Service; Attention: Rules of millions of dollars in royalties. consultation process, on June 19, 2003, Processing Team; Mail Stop 4024; 381 Frequency: On occasion. MMS published a Federal Register Estimated Number and Description of Elden Street; Herndon, Virginia 20170– notice (68 FR 36836) announcing that it Respondents: Approximately 10 of the 4817. If you wish to email comments to would submit this ICR to OMB for 130 Federal OCS oil and gas lessees. approval. The notice provided the MMS, the address is: Estimated Reporting and required 60-day comment period. In [email protected]. Reference Recordkeeping ‘‘Hour’’ Burden: The addition, § 260.3 provides the OMB Information Collection 1010–0143 in estimated annual ‘‘hour’’ burden for this control number for the information your subject line and mark your information collection is a total of 1,603 collection requirements imposed by the message for return receipt. Include your hours. The individual components and 30 CFR 260 regulations. The regulation name and return address in your their respective hour burden estimates also informs the public that they may message text. are detailed below. In calculating the comment at any time on the collections FOR FURTHER INFORMATION CONTACT: burdens, MMS assumed that of information and provides the address Arlene Bajusz, Rules Processing Team, respondents perform certain to which they should send comments. telephone (703) 787–1600. You may also requirements in the normal course of MMS has received no comments in contact Arlene Bajusz to obtain a copy, their activities. MMS considers these to response to these efforts. at no cost, of the regulations that require be usual and customary and took that the subject collection of information. into account in estimating the burden. If you wish to comment in response SUPPLEMENTARY INFORMATION: §§ 260.114(a) and 260.124(a)— to this notice, you may send your Title: 30 CFR 260, Outer Continental Request MMS to reconsider the field comments to the offices listed under the Shelf Oil and Gas Leasing. assignment of a lease (average of 400 ADDRESSES section of this notice. OMB OMB Control Number: 1010–0143. hours per request × 4 requests = 1,600 has up to 60 days to approve or Abstract: The Outer Continental Shelf hours). disapprove the information collection (OCS) Lands Act, as amended (43 U.S.C. § 260.114(c)—Notify MMS of intent to but may respond after 30 days. 1331 et seq. and 43 U.S.C. 1801 et seq.), begin production and request Therefore, to ensure maximum authorizes the Secretary of the Interior confirmation of the size of royalty- consideration, OMB should receive (Secretary) to prescribe rules and suspension volume (1⁄2 hour per notice public comments by December 3, 2003. regulations to administer leasing of the × 6 notices = 3 hours). Public Comment Policy: MMS’s OCS. Section 8(a)(1) of the OCS Lands Part 260 also refers to various items of practice is to make comments, including Act provides authority for the Secretary information collected under 30 CFR names and home addresses of to offer leases under a variety of bidding parts 203 and 256. OMB has approved respondents, available for public review systems. The regulations at 30 CFR part those information collections under during regular business hours. If you 260 describe the bidding systems, joint OMB Control Numbers 1010–0071 and wish to withhold your name and/or bidding requirements, and royalty 1010–0006, respectively. address, you must state this suspensions for certain leases. They Estimated Reporting and prominently at the beginning of your encourage leasing competition through Recordkeeping ‘‘Non-Hour Cost’’ comment. MMS will honor the request the use of appropriate bidding-system Burden: MMS has identified no non- to the extent allowable by the law. alternatives and a joint bidding ban hour cost burdens for this collection. However, anonymous comments will among certain large companies. Also, Public Disclosure Statement: The PRA not be considered. All submissions from these regulations implement the (44 U.S.C. 3501, et seq.) provides that an organizations or businesses, and from Secretary’s authority to promote leasing agency may not conduct or sponsor a individuals identifying themselves as interest in certain areas of the OCS collection of information unless it representatives or officials of through automatic suspension of displays a currently valid OMB control organizations or businesses, will be royalties. The Minerals Management number. Until OMB approves a made available for public inspection in Service (MMS) administers this program collection of information, you are not their entirety. for the Secretary. obligated to respond. MMS Federal Register Liaison Officer: Regulations under part 260 require Comments: Section 3506(c)(2)(A) of Denise Johnson, (202) 208–3976. lessees to notify MMS of their intention the PRA (44 U.S.C. 3501, et seq.) to begin production. Lessees must also requires each agency ‘‘* * * to provide Dated: October 1, 2003. request confirmation of the size of the notice * * * and otherwise consult E.P. Danenberger, royalty-suspension volume that applies with members of the public and affected Chief, Engineering and Operations Division. to the pre-2001 eligible lease. The MMS agencies concerning each proposed [FR Doc. 03–27513 Filed 10–31–03; 8:45 am] uses the information collected to make collection of information * * *’’ BILLING CODE 4310–MR–P
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62318 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
DEPARTMENT OF THE INTERIOR agencies have an opportunity to respondents, available for public review comment on information collection and during regular business hours. National Park Service recordkeeping activities (see 5 CFR Individuals respondents may request 13200.8(d)). NPS has submitted a that we withhold their home address Information Collection; Request for request to OMB to renew approval of the from the record, which we will honor to Extension collection of information in 36 CFR part the extent allowable by law. There also AGENCY: National Park Service, Interior. 51, Concession contracts, relating to the may be circumstances in which we ACTION: Notice of request for a currently submission of offers in response to would withhold from the record a approved information collection. prospectuses issued by NPS. NPS is respondent’s identity, as allowable by requesting a 3-year term of approval for law. If you wish us to withhold your SUMMARY: In compliance with the this information collection activity. An name and/or address, you must state Paperwork Reduction Act of 1995, the agency may not conduct or sponsor, and this prominently at the beginning of National Park Service (NPS) is a person is not required to respond to, your comment. However, we will not announcing its intention to request an a collection of information unless it consider anonymous comments. We extension of a currently approved displays a currently valid OMB control will make all submissions from information collection (OMB Control number. The OMB control number for organizations or businesses, and from #1024–0125) under 36 CFR part 51 this collection of information is 1024– individuals identifying themselves as relating to the submission of offers in 1025, and is identified in 36 CFR representatives or officials of response to concession prospectuses 51.104. organizations or businesses, available issued by the National Park Service As required under 5 CFR 1320.8(d), a for public inspection in their entirety. (NPS). The collection described below Federal Register notice soliciting Dated: August 6, 2003. comments on these collections of has been forwarded to the Office of Leonard E. Stowe, Management and Budget (OMB) for information was published on May 29, 2003 (65 FR 8735). No comments were Acting NPS Information Collection Clearance review and comment. The information Officer. request describes the nature of the received. This notice provides the [FR Doc. 03–27534 Filed 10–31–03; 8:45 am] information collection and the expected public with an additional 30 days in burden and cost. which to comment on the following BILLING CODE 4310–70–M DATES: OMB has up to 60 days to information collection activity: The regulations at 36 CFR part 51 approve or disapprove the information DEPARTMENT OF THE INTERIOR collection but may respond after 30 primarily implement Title IV of the days. Therefore, public comments National Parks Omnibus Management National Park Service should be submitted to OMB by Act of 1998 (Pub. L. 105–391 or the December 3, 2003, in order to be assured Act), which provides new legislative Cape Cod National Seashore, South of consideration. authority, policies, and requirements for Wellfleet, MA; Cape Cod National the solicitation, award, and ADDRESSES: Send comments to Seashore Advisory Commission, Two administration of NPS concession Attention: Desk Officer for the Hundred Forty-Fourth; Notice of contracts. The regulations require the Department of the Interior, OMB Office Meeting submission of offers by parties of Information and Regulatory Affairs, interested in applying for a NPS Notice is hereby given in accordance via facsimile at 202/395–6566, or via e- concession contract. Specific with the Federal Advisory Committee mail at [email protected]. requirements regarding the information Act (Pub. L. 92–463, 86 Stat. 770, 5 Also, send a copy of your comments to that must be submitted by offerors in U.S.C. app 1, section 10), that a meeting Cynthia L. Orlando, Concession response to a prospectus issued by NPS of the Cape Cod National Seashore Program Manager, National Park are contained in Sections 403(4), (5), (7), Advisory Commission will be held on Service, 1849 C Street, NW. (2410), and (8) of the Act. November 24, 2003. Washington, DC 20240, or electronically Bureau Form Number: None. The Commission was reestablished to [email protected]. All Frequency of Collection: On occasion. pursuant to Pub. L. 87–126 as amended comments will become a matter of Description of Respondents: Persons by Pub. L. 105–280. The purpose of the public record. Copies of the proposed or entities seeking a National Park Commission is to consult with the Information Collection Request can be Service concession contract. Secretary of the Interior, or his designee, obtained from Erica Smith-Chavis, Total Annual Responses: 240. with respect to matters relating to the National Park Service, 1849 C Street, Total Annual Burden Hours: 76,800. development of Cape Cod National NW. (2420), Washington, DC 20240. Total Non-hour Cost Burden: Seashore, and with respect to carrying SUPPLEMENTARY INFORMATION: $1,120,000. out the provisions of sections 4 and 5 Send comments on (1) the need for Title: Submission of Offers of the Act establishing the Seashore. requirement in response to concession the collection of information for the performance of the functions of the The Commission members will meet prospectuses—36 CFR 51. at 1 p.m. at Headquarters, Marconi OMB Control Number: 1024–0125. agency; (2) the accuracy of the agency’s Station, Wellfleet, Massachusetts for the Expiration Date of Approval: August burden estimates; (3) ways to enhance regular business meeting to discuss the 31, 2003. the quality, utility and clarity of the Type of Request: Extension of a information collection; (4) and ways to following: currently approved information minimize the information collection 1. Adoption of Agenda. collection. burden on respondents, such as use of 2. Approval of minutes of previous Abstract: The Office of Management automated means of collection of the meeting (September 26, 2003). and Budget (OMB) regulations at 5 CFR information, to the following address. 3. Reports of Officers. part 1320, which implement provisions Please refer to OMB control number 4. Reports of Subcommittees. of the Paperwork Reduction Act of 1995 1024–0125 in all correspondence. 5. Superintendent’s Report, Salt Pond (Pub. L. 104–13) require that interested Our practice is to make comments, Visitor Center, Mary Chase Salt Marsh members of the public and affected including names and home addresses of Project, Dune Shack Update, Hunting
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62319
Program, Eastham Town Beach, and will be accepted until November 10, Dated: September 30, 2003. News from Washington. 2003. Geraldine K. Bell, 6. Old Business, and Invasive Species. Superintendent, Kaloko-Honokohau National ADDRESSES: The meeting will be held at 7. New Business. Historical Park. 1 p.m. on November 13, 2003, in room 8. Date and agenda for next meeting. [FR Doc. 03–27519 Filed 10–31–03; 8:45 am] 234 of the National Capital Region 9. Public comment. BILLING CODE 4312–GH–M Headquarters Building, at 1100 Ohio 10. Adjournment. Drive, SW., Washington, DC (East The meeting is open to the public. It Potomac Park). Written comments may DEPARTMENT OF THE INTERIOR is expected that 15 persons will be able be sent to the Park Manager, White to attend the meeting in addition to House Visitor Center 1100 Ohio Drive, National Park Service Commission members. SW., Washington, DC 20242. Due to Interested persons may make oral/ delays in mail delivery, it is Notice of Intent to Repatriate Cultural written presentations to the Commission recommended that comments be Items from Molokai, HI in the during the business meeting or file provided by telefax at 202–208–1643 or Possession of the Bernice Pauahi written statements. Such requests by e-mail at [email protected] Bishop Museum, Honolulu, HI; should be made to the park Comments may also be delivered by Correction superintendent at least seven days prior messenger to the White House Visitor AGENCY: National Park Service, Interior. to the meeting. Further information Center at 1450 Pennsylvania Avenue, ACTION: concerning the meeting may be obtained NW., in Washington, DC. Notice; correction. from the Superintendent, Cape Cod National Seashore, 99 Marconi Site FOR FURTHER INFORMATION CONTACT: Notice is here given in accordance Road, Wellfleet, MA 02667. Rachel Frantum at the White House with the Native American Graves Protection and Repatriation Act Dated: October 10, 2003. Visitor Center weekdays between 9 a.m., and 4 p.m., at (202) 208–1631. (NAGPRA), 43 CFR 10.8 (f), that, upon Maria Burks, publication of this notice in the Federal Superintendent. Dated: October 9, 2003. Register, the Bernice Pauahi Bishop [FR Doc. 03–27521 Filed 10–31–03; 8:45 am] Mario Santo, Museum, Honolulu, HI, rescinds the BILLING CODE 4310–WV–P Deputy Director, White House Liaison, notice of intent to repatriate published National Park Service. in the Federal Register of April 9, 1999 [FR Doc. 03–27520 Filed 10–31–03; 8:45 am] (FR Doc. 99–8888, page 17410) because DEPARTMENT OF THE INTERIOR BILLING CODE 4310–71–M the museum has determined that the Kalaina Wawae is not cultural National Park Service patrimony as defined at 25 U.S.C. 3001 DEPARTMENT OF THE INTERIOR (3)(D). National Capital Region; Christmas This notice is published as part of the Pageant of Peace National Park Service National Park Service’s administrative responsibilities under NAGPRA, 25 ACTION: Notice/request for comments— Kaloko-Honokohau National Historical U.S.C. 3003 (d)(3). The determinations The Christmas Pageant of Peace. Park Advisory Commission; Notice of within this notice are the sole Meeting SUMMARY: The National Park Service is responsibility of the museum, seeking public comments and institution, or Federal agency that has Notice is hereby given in accordance suggestions on the planning of the 2003 control of the cultural items. The with the Federal Advisory Committee Christmas Pageant of Peace. National Park Service is not responsible Act that a meeting of the Na Hoapili O for the determinations within this SUPPLEMENTARY INFORMATION: The Kaloko Honokohau, Kaloko-Honokohau notice. National Park Service is seeking public National Historical Park Advisory The Kalaina Wawae is three sections comments and suggestions on the Commission will be held at 9 a.m., of sandstone containing petroglyphs, planning of the 2003 Christmas Pageant November 11, 2003, at Kaloko- from an area of Molokai, HI, called of Peace, which opens on December 4, Honokohau National Historic Park Mo’omomi. Kalaina Wawae (feet of 2003, on the Ellipse (President’s Park), headquarters, 73–4786 Kanalani St. Kalaina) is known for its oblong south of the White House. The meeting Suite 14, Kailua-Kona, Hawaii. depressions said to represent human will be held at 1 p.m. on November 13, footprints. 2003, in Room 234 of the National The agenda will include Commission Membership, Finalization of Park The April 9, 1999, notice identified Capital Region Headquarters Building, the Kalaina Wawae as cultural at 1100 Ohio Drive, SW., Washington, Brochure, Visitor Contact Facility, Alu Like Partnership, Resource and patrimony as defined at 25 U.S.C. 3001 DC (East Potomac Park). (3)(D). After further consideration of the Persons who would like to comment Educational Center, and various park projects. Kalaina Wawae, its history, and the at the meeting should notify the conditions under which the Bishop National Park Service by November 10, The meeting is open to the public. Museum acquired the Kalaina Wawae, 2003, by calling the White House Visitor Minutes will be recorded for museum officials have determined that Center weekdays between 9 a.m., and 4 documentation and transcribed for the Kalaina Wawae was privately owned p.m., at (202) 208–1631. Written dissemination. Minutes of the meeting at the time that the Kalaina Wawae was comments may be sent to the Park will be available to the public after gifted to the museum, and that the Manager, White House Visitor Center approval of the full Advisory Kalaina Wawae was legally conveyed to 1100 Ohio Drive, SW., Washington, DC Commission. Transcripts will be the museum. After additional 20242, and will be accepted until available after 30 days of the meeting. consultation since April 9, 1999, with November 10, 2003. For copies of the minutes, contact representatives of Hui Malama O DATES: The meeting will be held on Kaloko-Honokohau National Historical Mo’omomi and Hui Malama I Na November 13, 2003. Written comments Park at (808) 329–6881. Kupuna O Hawaii Nei, museum officials
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62320 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
have determined that the Kalaina Notice is here given in accordance The 73 associated funerary objects are Wawae is of great cultural significance with the Native American Graves 30 obsidian blanks, 22 obsidian flakes, but is not cultural patrimony as defined Protection and Repatriation Act 6 obsidian points, 1 obsidian scraper, 1 at 25 U.S.C. 3001 (3)(D). (NAGPRA), 25 U.S.C. 3003, of the glass bead, 5 shell beads, 6 shell blanks, Bernice Pauahi Bishop (1831–1884) completion of an inventory of human 1 pestle, and 1 bow fragment. was the great-granddaughter of remains and associated funerary objects Based on the presence of Kamehameha the Great and had the in the possession of the Phoebe A. chronologically diagnostic objects in authority to alienate or convey to her Hearst Museum of Anthropology, other parts of the site, and the presence estate personal property such as the University of California, Berkeley, of a glass bead in one of the two burials, Kalaina Wawae. Berkeley, CA. The human remains and the Frank Pierce site is dated to a period In 1897 Molokai Ranch purchased associated funerary objects were postdating European contact. land at Mo’omomi, Molokai, HI, from removed from the Redding Number 1 Occupation of the Redding Number 1 the estate of Bernice Pauahi Bishop site (CA-Sha–47), Shasta County, CA, site and the Frank Pierce site postdates which included the Kalaina Wawae. In and the Frank Pierce site (CA-Tri–58), the movement of Wintun people into 1909 Molokai Ranch gave the Kalaina Trinity County, CA. the area at approximately A.D. 1000. Wawae to the Bishop Museum, and This notice is published as part of the Cultural affiliation with Wintun J.F.G. Stokes and museum staff carved National Park Service’s administrative descendants, represented by the Cachil out and collected the Kalaina Wawae responsibilities under NAGPRA, 25 DeHe Band of Wintun Indians of the with the permission of the Molokai U.S.C. 3003 (d)(3). The determinations Colusa Indian Community of the Colusa Ranch manager, George P. Cooke. In within this notice are the sole Rancheria, California; Cortina Indian 1909 the museum accessioned the responsibility of the museum, Rancheria of Wintun Indians of Kalaina Wawae (numbers 9935, 9936, institution, or Federal agency that has California; Grindstone Indian Rancheria and 9937) into its collections. control of the Native American human of Wintun-Wailaki Indians of California; The Bishop Museum does not intend remains and associated funerary objects. Paskenta Band of Nomlaki Indians of to repatriate the Kalaina Wawae to the The National Park Service is not California; Redding Rancheria, responsible for the determinations Native Hawaiian organizations that California; Round Valley Indian Tribes within this notice. previously presented claims, and of the Round Valley Reservation, rescinds the museum’s April 9, 1999, An assessment of the human remains, and catalog records and associated California; and Rumsey Indian notice. In March 2003 the museum Rancheria of Wintun Indians of installed the Kalaina Wawae at documents relevant to the human remains, was made by Phoebe A. Hearst California is based on linguistic Mo’omomi, Molokai, HI, to be cared for evidence, regional archeological and used for educational and cultural Museum of Anthropology professional staff in consultation with evidence, and oral traditions that purposes by the Native Hawaiian include references to local geographical community. representatives of the Cachil DeHe Band of Wintun Indians of the Colusa Indian features as part of the mythology. Representatives of any Native Officials of the Phoebe A. Hearst Hawaiian organization who wish to Community of the Colusa Rancheria, California; Cortina Indian Rancheria of Museum of Anthropology have comment on this notice should address determined that, pursuant to 25 U.S.C. their comments to Dr. Guy Kaulukukui, Wintun Indians of California; Grindstone Indian Rancheria of Wintun- 3001 (9–10), the human remains Vice President of Cultural Studies, described above represent the physical Bishop Museum, 1525 Bernice Street, Wailaki Indians of California; Paskenta Band of Nomlaki Indians of California; remains of at least eight individuals of Honolulu, HI 96718–2704, telephone Native American ancestry. Officials of (808) 848–4126. Redding Rancheria, California; Round Valley Indian Tribes of the Round the Phoebe A. Hearst Museum of The Bishop Museum is responsible Anthropology also have determined for notifying Hui Malama I Na Kupuna Valley Reservation, California; and Rumsey Indian Rancheria of Wintun that, pursuant to 25 U.S.C. 3001 (3)(A), O Hawai’i Nei, the Office of Hawaiian the 100 objects described above are Affairs, Moloka’i Museum and Culture Indians of California. In 1935, human remains representing reasonably believed to have been placed Center, Lili’uokalani Trust, Alapa’i with or near individual human remains Hanapi, Lawrence Aki, Walter Ritte, and at least six individuals were removed from the Redding Number 1 site (CA- at the time of death or later as part of Hui Malama O Mo’omomi that this the death rite or ceremony. Lastly, notice has been published. Sha–47), located on the east bank of the Sacramento River, Shasta County, CA, officials of the Phoebe A. Hearst Dated: August 20, 2003. during excavations sponsored by the Museum of Anthropology have John Robbins, University of California, Berkeley. No determined that, pursuant to 25 U.S.C. Assistant Director, Cultural Resources. known individuals were identified. The 3001 (2), there is a relationship of [FR Doc. 03–27522 Filed 10–31–03; 8:45 am] 27 associated funerary objects are 22 shared group identity that can be BILLING CODE 4312–50–S shell beads, 2 shell pendants, 2 pieces reasonably traced between the Native of baked clay, and 1 piece of ochre. American human remains and Based on the presence of associated funerary objects and the DEPARTMENT OF THE INTERIOR chronologically diagnostic artifacts in Cachil DeHe Band of Wintun Indians of the burials and in other areas of the site, the Colusa Indian Community of the National Park Service the Redding Number 1 site is dated to Colusa Rancheria, California; Cortina circa A.D. 1600 and later. Indian Rancheria of Wintun Indians of Notice of Inventory Completion: In 1957, human remains representing California; Grindstone Indian Rancheria Phoebe A. Hearst Museum of at least two individuals were removed of Wintun-Wailaki Indians of California; Anthropology, University of California, from the Frank Pierce site (CA-Tri–58), Paskenta Band of Nomlaki Indians of Berkeley, Berkeley, CA on the Trinity River, Trinity County, California; Redding Rancheria, AGENCY: National Park Service, Interior. CA, during excavations carried out by California; Round Valley Indian Tribes the University of California, Berkeley. of the Round Valley Reservation, ACTION: Notice No known individuals were identified. California; and Rumsey Indian
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62321
Rancheria of Wintun Indians of in the possession of the Phoebe A. reasonably believed to have been placed California. Hearst Museum of Anthropology, with or near individual human remains Representatives of any other Indian University of California, Berkeley, at the time of death or later as part of tribe that believes itself to be culturally Berkeley, CA. The human remains and the death rite or ceremony. Lastly, affiliated with the human remains and associated funerary objects were officials of the Phoebe A. Hearst associated funerary objects should removed from site NV-Do-12, Douglas Museum of Anthropology have contact C. Richard Hitchcock, NAGPRA County, NV. determined that, pursuant to 25 U.S.C. Coordinator, Phoebe A. Hearst Museum This notice is published as part of the 3001 (2), there is a relationship of of Anthropology, University of National Park Service’s administrative shared group identity that can be California, Berkeley, CA 94720, responsibilities under NAGPRA, 25 reasonably traced between the Native telephone (510) 642–6096, before U.S.C. 3003 (d)(3). The determinations American human remains and December 3, 2003. Repatriation of the within this notice are the sole associated funerary objects and the human remains and associated funerary responsibility of the museum, Reno-Sparks Indian Colony, Nevada; objects to the Cachil DeHe Band of institution, or Federal agency that has and Washoe Tribe of Nevada and Wintun Indians of the Colusa Indian control of the Native American human California (Carson Colony, Dresslerville Community of the Colusa Rancheria, remains and associated funerary objects. Colony, Woodsford Community, Stewart California; Cortina Indian Rancheria of The National Park Service is not Community, and Washoe Ranches). Wintun Indians of California; responsible for the determinations Representatives of any other Indian Grindstone Indian Rancheria of Wintun- within this notice. tribe that believes itself to be culturally Wailaki Indians of California; Paskenta An assessment of the human remains, affiliated with the human remains and Band of Nomlaki Indians of California; and catalog records and associated associated funerary objects should Redding Rancheria, California; Round documents relevant to the human contact C. Richard Hitchcock, NAGPRA Valley Indian Tribes of the Round remains, was made by Phoebe A. Hearst Coordinator, Phoebe A. Hearst Museum Valley Reservation, California; and Museum of Anthropology professional of Anthropology, University of Rumsey Indian Rancheria of Wintun staff in consultation with California, Berkeley, Berkeley, CA Indians of California may proceed after representatives of the Reno-Sparks 94720, telephone (510) 642–6096, before that date if no additional claimants Indian Colony, Nevada; and Washoe December 3, 2003. Repatriation of the come forward. Tribe of Nevada and California (Carson human remains and associated funerary The Phoebe A. Hearst Museum of Colony, Dresslerville Colony, objects to the Reno-Sparks Indian Anthropology is responsible for Woodsford Community, Stewart Colony, Nevada; and Washoe Tribe of notifying the Cachil DeHe Band of Community, and Washoe Ranches). Nevada and California (Carson Colony, Wintun Indians of the Colusa Indian In 1956, human remains representing Dresslerville Colony, Woodsford Community of the Colusa Rancheria, at least seven individuals were removed Community, Stewart Community, and from site NV-Do-12, a habitation site California; Cortina Indian Rancheria of Washoe Ranches) may proceed after that located between Carson City and Genoa, Wintun Indians of California; date if no additional claimants come Douglas County, NV. No known Grindstone Indian Rancheria of Wintun- forward. Wailaki Indians of California; Paskenta individuals were identified. The three The Phoebe A. Hearst Museum of Band of Nomlaki Indians of California; associated funerary objects are three Anthropology is responsible for Redding Rancheria, California; Round obsidian projectile point fragments. notifying the Reno-Sparks Indian Based on the presence of Valley Indian Tribes of the Round Colony, Nevada; and Washoe Tribe of chronologically diagnostic artifacts in Valley Reservation, California; and Nevada and California (Carson Colony, other areas of the site, site NV-Do-12 is Rumsey Indian Rancheria of Wintun Dresslerville Colony, Woodsford dated to circa 1000 B.C. and later. The Indians of California that this notice has Community, Stewart Community, and occupation of the site postdates the been published. Washoe Ranches) that this notice has movement of Washoe people into this been published. Dated: September 2, 2003. area of Nevada. John Robbins, Cultural affiliation of the human Dated: August 27, 2003. Assistant Director, Cultural Resources. remains with Washoe descendants, John Robbins, [FR Doc. 03–27523 Filed 10–31–03; 8:45 am] represented by the Reno-Sparks Indian Assistant Director, Cultural Resources. BILLING CODE 4312–50–S Colony, Nevada; and Washoe Tribe of [FR Doc. 03–27524 Filed 10–31–03; 8:45 am] Nevada and California (Carson Colony, BILLING CODE 4312–50–S Dresslerville Colony, Woodsford DEPARTMENT OF THE INTERIOR Community, Stewart Community, and Washoe Ranches), is based on oral DEPARTMENT OF THE INTERIOR National Park Service traditions that place Washoe ancestors in the region ‘‘since the beginning,’’ National Park Service Notice of Inventory Completion: linguistic evidence, and regional Phoebe A. Hearst Museum of archeological evidence. Notice of Intent to Repatriate a Cultural Anthropology, University of California, Officials of the Phoebe A. Hearst Item: Thomas Burke Memorial Berkeley, Berkeley, CA Museum of Anthropology have Washington State Museum, Seattle, WA AGENCY: National Park Service, Interior determined that, pursuant to 25 U.S.C. ACTION: Notice. 3001 (9–10), the human remains AGENCY: National Park Service, Interior. described above represent the physical ACTION: Notice. Notice is here given in accordance remains of at least seven individuals of with the Native American Graves Native American ancestry. Officials of Notice is here given in accordance Protection and Repatriation Act the Phoebe A. Hearst Museum of with the Native American Graves (NAGPRA), 25 U.S.C. 3003, of the Anthropology also have determined Protection and Repatriation Act completion of an inventory of human that, pursuant to 25 U.S.C. 3001 (3)(A), (NAGPRA), 25 U.S.C. 3005, of the intent remains and associated funerary objects the three objects described above are to repatriate a cultural item in the
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62322 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
possession of the Thomas Burke Reservation, Washington may proceed FOR FURTHER INFORMATION CONTACT: Memorial Washington State Museum, after that date if no additional claimants Mary Messer (202–205–3193), Office of Seattle, WA, that meets the definition of come forward. Investigations, U.S. International Trade sacred object under 25 U.S.C. 3001. The Thomas Burke Memorial Commission, 500 E Street, SW., This notice is published as part of the Washington State Museum is Washington, DC 20436. Hearing- National Park Service’s administrative responsible for notifying the Spokane impaired persons can obtain responsibilities under NAGPRA, 25 Tribe of the Spokane Reservation, information on this matter by contacting U.S.C. 3003 (d)(3). The determinations Washington that this notice has been the Commission’s TDD terminal on 202– within this notice are the sole published. 205–1810. Persons with mobility responsibility of the museum, Dated: September 10, 2003. impairments who will need special institution, or Federal agency that has John Robbins, assistance in gaining access to the control of the cultural item. The Commission should contact the Office National Park Service is not responsible Assistant Director, Cultural Resources. of the Secretary at 202–205–2000. for the determinations within this [FR Doc. 03–27525 Filed 10–31–03; 8:45 am] General information concerning the notice. BILLING CODE 4312–50–S Commission may also be obtained by The one cultural item (catalog number accessing its internet server (http:// 2–11783) is a man’s buckskin perforated www.usitc.gov). The public record for shirt decorated with beadwork that was INTERNATIONAL TRADE these reviews may be viewed on the collected on the Spokane Indian COMMISSION Commission’s electronic docket (EDIS) Reservation by University of [Investigations Nos. 731–TA–776–779 at http://edis.usitc.gov. Washington faculty anthropologist (Review)] SUPPLEMENTARY INFORMATION: Verne Ray in 1928. It was purchased by Background—On December 2, 1998, the Thomas Burke Memorial Preserved Mushrooms From Chile, the Department of Commerce Washington State Museum in 1930 and China, India, and Indonesia (‘‘Commerce’’) issued an antidumping accessioned as number 2346. Dr. Ray’s duty order on imports of preserved AGENCY: United States International notes indicate that the shirt was made mushrooms from Chile (63 FR 66529) by an unnamed member of the Spokane Trade Commission. and on February 19, 1999, Commerce Tribe of the Spokane Reservation, ACTION: Institution of five-year reviews issued antidumping duty orders on Washington and was worn by a member concerning the antidumping duty orders imports of preserved mushrooms from of the tribe residing on the Spokane on preserved mushrooms from Chile, China, India, and Indonesia (64 FR Indian Reservation. Shirts of this type China, India, and Indonesia. 8308–8312). Commerce subsequently are part of a religious system involving SUMMARY: revoked in part the order on imports the acquisition of guardian spirit The Commission hereby gives notice that it has instituted reviews from Indonesia (68 FR 39521, July 2, powers. Consultation with religious 2003). The Commission is conducting leaders and representatives of the pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) reviews to determine whether Spokane Tribe of the Spokane revocation of the orders would be likely Reservation, Washington indicates that to determine whether revocation of the antidumping duty orders on preserved to lead to continuation or recurrence of the shirt has ongoing religious material injury to the domestic industry importance and that the shirt is a mushrooms from Chile, China, India, and Indonesia would be likely to lead to within a reasonably foreseeable time. It ceremonial object essential for the will assess the adequacy of interested continuation or recurrence of material continuation of traditional religious party responses to this notice of injury. Pursuant to section 751(c)(2) of practices in the tribe. institution to determine whether to the Act, interested parties are requested Officials of the Thomas Burke conduct full reviews or expedited to respond to this notice by submitting Memorial Washington State Museum reviews. The Commission’s the information specified below to the have determined, pursuant to 25 U.S.C. determinations in any expedited Commission; 1 to be assured of 3001, that the cultural item is a specific reviews will be based on the facts consideration, the deadline for ceremonial object needed by traditional available, which may include responses is December 23, 2003. Native American religious leaders for information provided in response to this Comments on the adequacy of responses the practice of traditional Native notice. American religions by their present-day may be filed with the Commission by Definitions—The following adherents. Officials of the Thomas January 16, 2004. For further definitions apply to these reviews: Burke Memorial Washington State information concerning the conduct of (1) Subject Merchandise is the class or Museum also have determined that these reviews and rules of general kind of merchandise that is within the there is a relationship of shared group application, consult the Commission’s scope of the five-year reviews, as identity that can be reasonably traced Rules of Practice and Procedure, part defined by the Department of between the sacred object and the 201, subparts A through E (19 CFR part Commerce. Spokane Tribe of the Spokane 201), and part 207, subparts A, D, E, and (2) The Subject Countries in these Reservation, Washington. F (19 CFR part 207). reviews are Chile, China, India, and Representatives of any other Indian EFFECTIVE DATE: November 3, 2003. Indonesia. tribe that believes itself to be culturally (3) The Domestic Like Product is the affiliated with the sacred object should 1 No response to this request for information is domestically produced product or contact Dr. James D. Nason, Chairman, required if a currently valid Office of Management products which are like, or in the and Budget (OMB) number is not displayed; the Repatriation Committee, Thomas Burke OMB number is 3117–0016/USITC No. 03–5–077, absence of like, most similar in Memorial Washington State Museum, expiration date June 30, 2005. Public reporting characteristics and uses with, the Box 353010, University of Washington, burden for the request is estimated to average 7 Subject Merchandise. In its original Seattle, WA 98195–3010, telephone hours per response. Please send comments determinations, the Commission found regarding the accuracy of this burden estimate to (206) 543–9680, before December 3, the Office of Investigations, U.S. International Trade one domestic like product consisting of 2003. Repatriation of the sacred object Commission, 500 E Street, SW., Washington, DC preserved mushrooms corresponding to to the Spokane Tribe of the Spokane 20436. the scope of Commerce’s investigations.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62323
(4) The Domestic Industry is the U.S. McCue Verratti, Deputy Agency Ethics Commission’s rules, each document producers as a whole of the Domestic Official, at 202–205–3088. filed by a party to the reviews must be Like Product, or those producers whose Limited disclosure of business served on all other parties to the reviews collective output of the Domestic Like proprietary information (BPI) under an (as identified by either the public or Product constitutes a major proportion administrative protective order (APO) APO service list as appropriate), and a of the total domestic production of the and APO service list—Pursuant to certificate of service must accompany product. In its original determination, § 207.7(a) of the Commission’s rules, the the document (if you are not a party to the Commission defined the Domestic Secretary will make BPI submitted in the reviews you do not need to serve Industry to consist of all domestic these reviews available to authorized your response). producers of preserved mushrooms. applicants under the APO issued in the Inability to provide requested Certain Commissioners defined the reviews, provided that the application is information—Pursuant to § 207.61(c) of Domestic Industry differently. made no later than 21 days after the Commission’s rules, any interested (5) The Order Date is the date that the publication of this notice in the Federal party that cannot furnish the antidumping duty orders under review Register. Authorized applicants must information requested by this notice in became effective. In the review represent interested parties, as defined the requested form and manner shall concerning Chile, the Order Date is in 19 U.S.C. 1677(9), who are parties to notify the Commission at the earliest December 2, 1998. In the reviews the reviews. A separate service list will possible time, provide a full explanation concerning China, India, and Indonesia, be maintained by the Secretary for those of why it cannot provide the requested the Order Date is February 19, 1999. parties authorized to receive BPI under information, and indicate alternative (6) An Importer is any person or firm the APO. forms in which it can provide engaged, either directly or through a Certification—Pursuant to § 207.3 of equivalent information. If an interested parent company or subsidiary, in the Commission’s rules, any person party does not provide this notification importing the Subject Merchandise into submitting information to the (or the Commission finds the the United States from a foreign Commission in connection with these explanation provided in the notification manufacturer or through its selling reviews must certify that the inadequate) and fails to provide a agent. information is accurate and complete to complete response to this notice, the Participation in the reviews and the best of the submitter’s knowledge. In Commission may take an adverse public service list—Persons, including making the certification, the submitter inference against the party pursuant to industrial users of the Subject will be deemed to consent, unless section 776(b) of the Act in making its Merchandise and, if the merchandise is otherwise specified, for the determinations in the reviews. sold at the retail level, representative Commission, its employees, and Information to be Provided in consumer organizations, wishing to contract personnel to use the Response to this Notice of Institution: If participate in the reviews as parties information provided in any other you are a domestic producer, union/ must file an entry of appearance with reviews or investigations of the same or worker group, or trade/business the Secretary to the Commission, as comparable products which the association; import/export Subject provided in § 201.11(b)(4) of the Commission conducts under Title VII of Merchandise from more than one Commission’s rules, no later than 21 the Act, or in internal audits and Subject Country; or produce Subject days after publication of this notice in investigations relating to the programs Merchandise in more than one Subject the Federal Register. The Secretary will and operations of the Commission Country, you may file a single response. maintain a public service list containing pursuant to 5 U.S.C. Appendix 3. If you do so, please ensure that your the names and addresses of all persons, Written submissions—Pursuant to response to each question includes the or their representatives, who are parties § 207.61 of the Commission’s rules, each information requested for each pertinent to the reviews. interested party response to this notice Subject Country. As used below, the Former Commission employees who must provide the information specified term ‘‘firm’’ includes any related firms. are seeking to appear in Commission below. The deadline for filing such (1) The name and address of your firm five-year reviews are reminded that they responses is December 23, 2003. or entity (including World Wide Web are required, pursuant to 19 CFR 201.15, Pursuant to § 207.62(b) of the address if available) and name, to seek Commission approval if the Commission’s rules, eligible parties (as telephone number, fax number, and E- matter in which they are seeking to specified in Commission rule mail address of the certifying official. appear was pending in any manner or 207.62(b)(1)) may also file comments (2) A statement indicating whether form during their Commission concerning the adequacy of responses to your firm/entity is a U.S. producer of employment. The Commission’s the notice of institution and whether the the Domestic Like Product, a U.S. union designated agency ethics official has Commission should conduct expedited or worker group, a U.S. importer of the advised that a five-year review is the or full reviews. The deadline for filing Subject Merchandise, a foreign producer ‘‘same particular matter’’ as the such comments is January 16, 2004. All or exporter of the Subject Merchandise, underlying original investigation for written submissions must conform with a U.S. or foreign trade or business purposes of 19 CFR 201.15 and 18 the provisions of §§ 201.8 and 207.3 of association, or another interested party U.S.C. 207, the post employment statute the Commission’s rules and any (including an explanation). If you are a for Federal employees. Former submissions that contain BPI must also union/worker group or trade/business employees may seek informal advice conform with the requirements of association, identify the firms in which from Commission ethics officials with §§ 201.6 and 207.7 of the Commission’s your workers are employed or which are respect to this and the related issue of rules. The Commission’s rules do not members of your association. whether the employee’s participation authorize filing of submissions with the (3) A statement indicating whether was ‘‘personal and substantial.’’ Secretary by facsimile or electronic your firm/entity is willing to participate However, any informal consultation will means, except to the extent permitted by in these reviews by providing not relieve former employees of the § 201.8 of the Commission’s rules, as information requested by the obligation to seek approval to appear amended, 67 FR 68036 (November 8, Commission. from the Commission under its rule 2002). Also, in accordance with (4) A statement of the likely effects of 201.15. For ethics advice, contact Carol §§ 201.16(c) and 207.3 of the the revocation of the antidumping duty
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62324 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
orders on the Domestic Industry in each Subject Country accounted for by produced in the Subject Countries, and general and/or your firm/entity your firm’s(s’) imports; such merchandise from other countries. specifically. In your response, please (b) The quantity and value (f.o.b. U.S. (11) (OPTIONAL) A statement of discuss the various factors specified in port, including antidumping and/or whether you agree with the above section 752(a) of the Act (19 U.S.C. countervailing duties) of U.S. definitions of the Domestic Like Product 1675a(a)) including the likely volume of commercial shipments of Subject and Domestic Industry; if you disagree subject imports, likely price effects of Merchandise imported from each with either or both of these definitions, subject imports, and likely impact of Subject Country; and please explain why and provide imports of Subject Merchandise on the (c) The quantity and value (f.o.b. U.S. alternative definitions. Domestic Industry. port, including antidumping and/or Authority: These reviews are being (5) A list of all known and currently countervailing duties) of U.S. internal conducted under authority of title VII of the operating U.S. producers of the consumption/company transfers of Tariff Act of 1930; this notice is published Domestic Like Product. Identify any Subject Merchandise imported from pursuant to § 207.61 of the Commission’s known related parties and the nature of each Subject Country. rules. the relationship as defined in section (9) If you are a producer, an exporter, Issued: October 28, 2003. 771(4)(B) of the Act (19 U.S.C. or a trade/business association of By order of the Commission. producers or exporters of the Subject 1677(4)(B)). Marilyn R. Abbott, (6) A list of all known and currently Merchandise in the Subject Countries, provide the following information on Secretary to the Commission. operating U.S. importers of the Subject your firm’s(s’) operations on that [FR Doc. 03–27598 Filed 10–31–03; 8:45 am] Merchandise and producers of the product during calendar year 2002 BILLING CODE 7020–02–P Subject Merchandise in each Subject (report quantity data in pounds and Country that currently export or have value data in U.S. dollars, landed and exported Subject Merchandise to the duty-paid at the U.S. port but not DEPARTMENT OF JUSTICE United States or other countries since including antidumping duties). If you 1998. are a trade/business association, provide Drug Enforcement Administration (7) If you are a U.S. producer of the the information, on an aggregate basis, Domestic Like Product, provide the Shani Distributors Denial of for the firms which are members of your Application following information on your firm’s association. operations on that product during (a) Production (quantity) and, if On August 20, 2002, the Deputy calendar year 2002 (report quantity data known, an estimate of the percentage of Assistant Administrator, Office of in pounds and value data in U.S. total production of Subject Merchandise Diversion Control, Drug Enforcement dollars, f.o.b. plant). If you are a union/ in each Subject Country accounted for Administration (DEA), issued an Order worker group or trade/business by your firm’s(s’) production; and to Show Cause to Shani Distributors association, provide the information, on (b) The quantity and value of your (Shani) proposing to deny its an aggregate basis, for the firms in firm’s(s’) exports to the United States of application, executed on October 21, which your workers are employed/ Subject Merchandise and, if known, an 1999, for DEA Certificate of Registration which are members of your association. estimate of the percentage of total as a distributor of list I chemicals. The (a) Production (quantity) and, if exports to the United States of Subject Order to Show Cause alleged that known, an estimate of the percentage of Merchandise from each Subject Country granting the application of Shani would total U.S. production of the Domestic accounted for by your firm’s(s’) exports. be inconsistent with the public interest Like Product accounted for by your (10) Identify significant changes, if as that term is used in 21 U.S.C. 823(h) firm’s(s’) production; any, in the supply and demand and 824(a). The Order to Show Cause (b) The quantity and value of U.S. conditions or business cycle for the also notified Shani that should no commercial shipments of the Domestic Domestic Like Product that have request for a hearing be filed within 30 Like Product produced in your U.S. occurred in the United States or in the days, its hearing right would be deemed plant(s); and market for the Subject Merchandise in waived. (c) The quantity and value of U.S. each Subject Country since the Order According to the DEA investigative internal consumption/company Date, and significant changes, if any, file, the Order to Show Cause was sent transfers of the Domestic Like Product that are likely to occur within a by certified mail to Shani at its produced in your U.S. plant(s). reasonably foreseeable time. Supply proposed registered location in (8) If you are a U.S. importer or a conditions to consider include Oklahoma city, Oklahoma. The return trade/business association of U.S. technology; production methods; receipt indicated that the show cause importers of the Subject Merchandise development efforts; ability to increase order has been forwarded by the United from the Subject Countries, provide the production (including the shift of States Postal Service to Shani at a following information on your firm’s(s’) production facilities used for other second location where it was received operations on that product during products and the use, cost, or on August 28, 2002. DEA has not calendar year 2002 (report quantity data availability of major inputs into received a request for hearing or any in pounds and value data in U.S. production); and factors related to the other reply from Shani or anyone dollars). If you are a trade/business ability to shift supply among different purporting to represent the company in association, provide the information, on national markets (including barriers to this matter. an aggregate basis, for the firms which importation in foreign markets or Therefore, the Administrator of DEA, are members of your association. changes in market demand abroad). finding that (1) thirty days having (a) The quantity and value (landed, Demand conditions to consider include passed since receipt of the Order to duty-paid but not including end uses and applications; the existence Show Cause, and (2) no request for antidumping or countervailing duties) and availability of substitute products; hearing having been received, concludes of U.S. imports and, if known, an and the level of competition among the that Shani has waived its hearing right. estimate of the percentage of total U.S. Domestic Like Product produced in the See Aqui Enterprises, 67 FR 12576 imports of Subject Merchandise from United States, Subject Merchandise (2002). After considering relevant
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62325
material from the investigative file in requesting the withdrawal of companies. The companies were located this matter, the Administrator now pseudoephedrine from Shani’s DEA in the states of California or Texas. enters his final order without a hearing registration application. Because Shani DEA’s investigation revealed that in pursuant to 21 CFR 1309.53(c) and (d) did not submit its application for 1997, one of Shani’s prospective and 1316.67 (2003). The Administrator registration on or before July 12, 1997, suppliers (hereinafter referred to as finds as follows: the firm did not qualify for temporary ‘‘JGKC’’), located in Los Angeles, List I chemicals are those that may be exemption from the requirement of California received 90 million 60mg. used in the manufacture of a controlled registration, pursuant to 21 CFR tablets of pseudoephedrine, with most substance in violation of the Controlled 1309.10. of the product diverted to clandestine Substances Act. 21 U.S.C. 802(34); 21 The Administrator finds that on methamphetamine labs in southern CFR 1310.02(a). Pseudophedrine and March 10, 2000, DEA Diversion California. In March of that year, JGKG’s ephedrine are list I chemicals Investigators conducted a pre- ephedrine products were also commonly used to illegally manufacture registration inspection on Shani. DEA’s discovered at a clandestine methamphetamine, a Schedule II investigation revealed that Shani, a sole methamphetamine laboratory site in the controlled substance. proprietorship located in Oklahoma Los Angeles area. DEA documented Phenylpropanolamine, also a list I City, Oklahoma, specializes in the retail several additional instances where chemical, is a legitimately manufactured sale of tobacco products, vitamins, listed chemical products distributed by and distributed product used to provide candy, and over-the-counter products JGKG were eventually diverted to illicit relief of the symptoms resulting from such as aspirin and ibuprofen. At the uses. irritation of the sinus, nasal and upper time of DEA’s on-site preregistration DEA’s investigation further revealed respiratory tract tissues, and is also used inspection, Shani was located at 532–B that a second prospective listed for weight control. North Pennsylvania Avenue in chemical supplier to Shani (hereinafter Phenylpropanolamine is also a Oklahoma City. The company was referred to at ‘‘AWD’’) supplied over six precursor chemical used in illicit situated in a commercial warehouse million tablets of ephedrine to a liquor manufacture of methamphetamine and area and was constructed with both store in 1996. Such distribution amphetamine. Methamphetamine is an brick and center block. The commercial practices to a liquor store were extremely potent central nervous system roof was metal and rock design. Mr. apparently in excess of legitimate stimulant, and its abuse is a growing Maqsood informed DEA investigators demand for these products. AWD’s problem in the United States. that in the event Shani’s registration pseudoephedrine products were also DEA has obtained information that application was approved, list I discovered at a clandestine suggests a growing public health crisis chemical shipments would be received methamphetamine lab site in the State in the State of Oklahoma concerning the at the back warehouse door. That door of California. abuse of methamphetamine. Contained was constructed of steel, secured by two An investigation of a third within the investigative file is a chart sliding bars and a contact switch. After prospective listed chemical supplier prepared by the Oklahoma Bureau of verification of the shipment, the (hereinafter referred to as ‘‘IWI’’) Narcotics, which documents chemicals were to be moved to a revealed the sale of large quantities of methamphetamine laboratory seizures secured storage area. The customer pseudoephedrine to individuals by various law enforcement entities in entrance door was reinforced with glass involved in the illicit sale of listed that state. According to the chart, there and metal and secured with burglar chemicals in May 1996. DEA developed were a total of 4,111 methamphetamine bars, key-lock and the premises were further information that in October lab seizures in the State of Oklahoma secured with infrared motion detectors 1996, law enforcement personnel seized from 1996 to 2002. In 2001 alone, there and an alarm system. 864,000 pseudoephedrine tablets from were 1,193 such seizures. In response to During the inspection, Mr. Maqsood IWI in Dallas, Texas. Approximately one this public health threat, on May 22, further informed DEA investigators that month later, an additional 432,000 2002, the Governor of Oklahoma signed he anticipated selling pseudoephedrine pseudoephedrine tablets were seized into law a provision which, among other (60 mg., 60-ct. bottles) and from IWI on one occasion, and another things, makes it illegal under state law phenylpropanolamine products to small 30 cases of that same product were to possess or sell any product convenience stores and food marts subsequently seized. In 1998, IWI containing pseudoephedrine with intent throughout the Oklahoma City area. reported that it lost a shipment of 720 to manufacture methamphetamine or Despite Mr. Maqsood’s stated intent to bottles of ‘‘Heads Up’’ 2-Way listed another controlled substance. The new sell listed chemical products, DEA’s chemical product. In 1999, IWI was the law also makes unlawful the sale of investigation revealed that Shani had no intended recipient of 1,872 bottles of listed chemical products with the procedures in place to identify pseudoephedrine that were seized by knowledge that they will be used as a ‘‘suspicious’’ activity regarding a law enforcement personnel in Upland, precursor to manufacture regulated transaction, in order to report California. DEA further documented methamphetamine. Okl. St., Sections 2– such activity to DEA as required by 21 numerous excessive or suspicious 332, 2–333, See 21 U.S.C. 841(c). U.S.C. 830(b)(1)(A) and 21 CFR purchases and sales of pseudoephedrine The Administrator’s review of the 1310.05(a)(1). Mr. Maqsood also and ephedrine by IWI from 1993 to investigative file reveals that DEA informed DEA investigators that he had 2000. received an application dated October no experience with suspicious orders As noted above, Mr. Maqsood 21, 1999, on behalf of Shani. The related to listed chemicals. submitted a letter to DEA requesting application was submitted by the Mr. Maqsood further stated that withdrawal of pseudoephedrine from company’s owner, Tariq Maqsood (Mr. Shani’s sale of listed chemical products his company’s DEA registration Maqsood). The applicant sought DEA would be limited to approximately 48 application. As a result, on November 1, registration as a distributor of the list I bottles (or approximately eleven cases) 2000, representatives from the DEA chemicals pseudoephedrine and per customer each month. When asked Oklahoma City District Office prepared phenylpropanolamine. On August 23, about potential suppliers of these a written memorandum of agreement 2000, Mr. Maqsood submitted a letter to products, Mr. Maqsood provided DEA (MOA) which contained conditions that the DEA Oklahoma City District Office investigators with the names of six would allow Shani to handle
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62326 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
phenylpropanolamine only. When distribution of pseudoephedrine (2) compliance with applicable asked about specific products he would knowing or having reasonable cause to Federal, State, and local law; handle, Mr. Maqsood mentioned combo- believe that the product would be used (3) Any prior conviction record under ephedrine products. DEA personnel to manufacture methamphetamine, in Federal or State laws relating to informed Mr. Maqsood of differences violation of 21 U.S.C. 841(d)(2) and 846. controlled substances or to chemicals between phenylpropanolamine and Both were sentenced to terms of controlled under Federal or State law; ephedrine, and further advised Mr. imprisonment exceeding 60 months. (4) Any past experience in the Maqsood that ephedrine was a Schedule DEA investigators conducted manufacture and distribution of IV controlled substance under interviews and or inspections of nine chemicals; and Oklahoma law, thus requiring state business establishments listed by Shani (5) Such other factors as are relevant licensure. Mr. Maqsood is not as proposed customers. Of the nine to and consistent with the public health authorized under Oklahoma law to establishments inspected, two revealed and safety. handle ephedrine, nor was the listed that they never heard of Shani; three As with the public interest analysis chemical included on Shani’s indicated that they did not intend on for practitioners and pharmacies application for DEA registration. Mr. purchasing listed chemical products pursuant to subsection (f) of section 823, Maqsood advised DEA that he would from Shani; one firm disclosed that it these factors are to be considered in the have his attorney review the proposed had stopped selling pseudoephedrin for disjunctive; the Administrator may rely MOA, and requested a list of products over a year; and one informed DEA on any one or combination of factors, that contained phenylpropanolamine. investigators that it already had a listed and may give each factor the weight he DEA subsequently provided the chemical supplier. The two remaining deems appropriate in determining information. Mr. Maqsood never business establishments were closed whether a registration should be responded to DEA with respect to the and boarded up. revoked or an application for proposed MOA. On July 12, 2002, the DEA Oklahoma registration denied. See, e.g., Energy On June 18, 2002, the DEA Oklahoma City District Office received a letter from Outlet, 64 FR 14269 (1999). See also City District Office was contacted by the the General Counsel for the Oklahoma Henry J. Schwartz, Jr., M.D., 54 FR Oklahoma City Police Department State Bureau of Narcotics and 16422 (1989). (OCPD)—Methamphetamine Dangerous Drugs Control (the Bureau) The Administrator finds factors one, (Investigations) Group regarding regarding Shani’s DEA registration four and five relevant to Shani’s suspicious items observed at Shani. The application. The General Counsel pending application for registration. officer informed DEA that while inside argued that approval of Shani’s With respect to factor one, Shani, he observed 30–35 cases of application would be contrary to the maintenance of effective controls ‘‘Heet;’’ brand gas line additive (a public interest of the citizens of against the diversion of listed flammable solution with a chemical Oklahoma based in part upon ‘‘*** an chemicals, DEA’s pre-registration composition that includes methyl exponential growth in the number of inspection documented adequate alcohol), approximately 8–10 cases of clandestine methamphetamine security measures taken by Shani with lithium batteries, lye and unspecific laboratories seized’’ in that state. The respect to the company’s proposed quantities of pseudoephedrine. letter further outlined the Bureau’s storage of listed chemicals at its 532–B In response to this information, DEA alarm over the events of June 18, 2002, North Pennsylvania location. However, investigators attempted to verify the when the Oklahoma City Police DEA’s follow-up inspection of Shani observations of the OCPD officer by Department observed large quantities of revealed that the company has since conducting a follow-up inspection of ‘‘Heet’’ gas line additive and batteries on abandoned that location and moved its Shani. Upon their arrival, DEA the premises of Shani. The General operation to a second location. There is investigators discovered that Shani had Counsel found that these products ‘‘are no evidence in the investigative file that moved from the location and relocated widely used along with Shani has requested modification of its to an address at 912 N. Pennsylvania in pseudoephedrine to manufacture pending application for registration to Oklahoma City. DEA had not received a methamphetamine, and * * * the reflect a different business address, or request from Shani to modify its combination of these three basic that DEA has conducted a second pre- pending application for DEA Certificate substances in one location is very registration inspection of Shani to of Registration, and DEA investigators consistent with involvement in such determine the adequacy of any security have not performed an inspection of criminal activity.’’ The General Counsel measures the company currently has in Shani’s new business location. concluded that the Bureau was ‘‘aware place. On July 3, 2002, DEA investigators of no legitimate reason why a chemical With respect to factor four, the conducted verifications of Shani’s dealer would handle only or even applicant’s past experience in the customers. A review of the investigative primarily Heet, batteries and distribution of chemicals, DEA’s file reveals that Shani’s proposed pseudoephedrine, unless he or she was investigation revealed that the owner of customer base is comprised primarily of catering specifically to those engaged in Shani has no previous experience small convenience stores and/or food criminal drug manufacturing.’’ related to distributing or otherwise marts that sell gasoline. Shani provided Pursuant to 21 U.S.C. 823(h), the handling listed chemicals. The to DEA a list of approximately 34 Administrator may deny an application investigative file further revealed that proposed customers located in or for Certificate of Registration if he Shani has no procedures in place to around the Oklahoma City area. DEA’s determines that granting the registration identify ‘‘suspicious’’ activity regarding investigation revealed that on February would be inconsistent with the public a regulated transaction, in order to 27, 2001, the owners of two of the listed interest as determine under that section. report such activity to DEA as required business establishments were convicted Section 823(h) requires the following by to 21 U.S.C. 830(b)(1)(A) and 21 CFR by a federal jury in the Western District factors be considered in determining the 1310.05(a)(1), and Mr. Maqsood has no of Oklahoma on charges related to the public interest: experience with suspicious orders unlawful distribution of listed (1) Maintenance of effective controls related to listed chemicals. This factor chemicals. Specifically, the two were against diversion of listed chemicals weighs against the granting of Shani’s convicted of conspiracy and unlawful into other than legitimate channels; pending application. See, Matthew D.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62327
Graham, 67 FR 10229 (2002); Xtreme suppliers have apparently engaged in recommended that consumers not use Enterprises, Inc., 67 FR 76195 (2002). In distribution practices that has led to the any products that contain addition, the Administrator finds factor diversion of large quantities of listed phenylpropanolamine. four relevant to Mr. Maqsood’s chemical products. In addition, FDA’s Nonprescription unfamiliarity with listed chemical The Administrator also finds factor Drugs Advisory Committee (NDAC) products as evidenced by his statement five relevant to Shani’s possession and subsequently reviewed the above study to DEA investigators that he intended to apparent sale of products that facilitate and other information on distribute ephedrine products when not the illicit production of phenylpropanolamine. Id. NDAC authorized to do so under Oklahoma methamphetamine. In addition to listed determined that there is an association state law. Mr. Maqsood further chemicals such as pseudoephedrine, between phenylpropanolamine and demonstrated his lack of familiarity ‘Heet’’ gas line additive and other hemorrhagic stroke and recommended with listed chemical products when he products containing methyl alcohol, lye, that the drug not be considered safe for expressed confusion over the as well as lithium batteries, are products over-the-counter use. FDA has requested differences between combo-ephedrine typically used in the illicit that all drug companies discontinue products and products containing methamphetamine manufacturing marketing products containing phenylpropanolamine. process. These items are routinely phenylpropanolamine. In response to With respect to facto five, other discovered by law enforcement FDA’s request, many companies factors relevant to and consistent with personnel at clandestine voluntarily reformulated and are the public safety, the Administrator methamphetamine laboratory sites. See, continuing to reformulate their products finds this factor relevant to Shani’s Clandestine Drug Labs, FBI Law to exclude phenylpropanolamine while proposal to distribute listed chemical Enforcement Bulletin, April 2000. The FDA proceeds with the regulatory products primarily to convenience Administrator has also learned that process necessary to remove the drug stores and combination food mart/gas small-scale retailers in the Oklahoma from the market. FDA’s November 6, station. While there are no specific City area have stockpiled hundreds and 2000 newsletter, supra. prohibitions under the Controlled thousands of bottles of starting fluid and As of the date of this final order, the Substance Act regarding the sale of ‘‘Heet’’ products, even during times of Administrator is unaware of whether listed chemical products to these the year when there is no apparent the FDA has undertaken any regulatory entities, DEA has nevertheless found demand for the product. When a action to remove phenylpropanolamine that gas stations and convenience stores relatively small scale merchant packages from the market. However, there is no constitute sources for the diversion of and displays large quantities of such information before the Administrator to listed chemical products. See, e.g., products alongside frequently diverted refute recent findings that Sinbad Distributing, 67 FR 10232, 10233 listed chemicals like pseudoephedrine, phenylpropanolamine may pose a (2002); K.V.M. Enterprises, 67 FR 70968 that person or entity, either knowingly health risk to users of the drug. In light (2002) (denial of application based in or unknowingly, creates a climate of current data which suggests that part upon information developed by conducive for the illicit manufacture of phenylpropanolamine is unsafe for DEA that the applicant proposed to sell methamphetamine. human consumption, the Administrator listed chemicals to gas stations, and the The Administrator finds relevant finds this factor also weighs against the fact that these establishments in turn under factor five, the recommendation granting of Shani’s application for DEA have sold listed chemical products to of the Oklahoma State Bureau of registration. Based on the foregoing, the individuals engaged in the illicit Narcotics and Dangerous Drugs Control Administrator concludes that granting manufacture of methamphetamine); that DEA not approve Shani’s the pending application of Shani would Xtreme Enterprises, Inc., supra. The application for registration. The be inconsistent with the public interest. Administrator is further concerned Bureau’s recommendation was based in Accordingly, the Administrator of the about Shani’s proposed customer base, part upon concerns surrounding Shani’s Drug Enforcement Administration, particularly in light of the public health storage of large quantities of ‘‘Heet’’ and pursuant to the authority vested in him threat facing the State of Oklahoma and batteries, and how these products are by 21 U.S.C. 823 and 28 CFR 0.100(b) several surrounding states arising from catered to individuals engaged in the and 0.104, hereby orders that the the increased diversion of listed illicit manufacture of pending application for DEA Certificate chemicals to the illicit manufacture of methamphetamine. of Registration, previously submitted by methamphetamine. The Administrator finds factor five Shani Distributors be, and it hereby is, Notwithstanding the above concerns, relevant to Shani’s request to distribute denied. This order is effective December the Administrator also finds factor five phenylpropanolamine, and the apparent 3, 2003. relevant to the results of DEA’s lack of safety associated with the use of Dated: September 16, 2003. verification of Shani’s proposed that product. On November 6, 2000, the customers. Among Shani’s potential Food and Drug Administration (FDA) Karen P. Tandy, customers were two individuals issued a public health advisory Administrator. convicted of felony charges related to concerning phenylpropanolamine. See, [FR Doc. 03–26654 Filed 10–31–03; 8:45 am] the unlawful handling of listed U.S. Food and Drug Administration, BILLING CODE 4410–09–M chemicals, two that never heard of Center for Drug Evaluation and Shani, three that revealed their intent Research, newsletter, November 6, 2000. not to purchase listed chemicals from In a study cited by the FDA, researchers DEPARTMENT OF JUSTICE have discovered that taking Shani, one that had stopped selling Federal Bureau of Investigation pseudoephedrine, and two phenylpropanolamine increases the risk establishments were closed and boarded of hemorrhagic stroke (bleeding into the Agency Information Collection up. brain or into tissue surrounding the Activities: Proposed Collection; Factor five is also relevant to the brain) in women. The study found that Comments Requested chemical handling histories of Shani’s men may also be at risk for taking the proposed suppliers. The Administrator drug. Although the risk of hemorrhagic ACTION: 30-Day notice of information is concerned that Shani’s proposed stroke is very low, the FDA has collection under review: Violent
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62328 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Criminal Apprehension Program Overview of This Information SUMMARY: This notice is a request for (VICAP) Crime Analysis Report. Collection comments from the public to assist the (1) Type of Information Collection: Secretary of Labor, the United States The Department of Justice (DOJ), Revision of a currently approved Trade Representative, and the Secretary Federal Bureau of Investigation has collection. of State in preparing reports regarding labor rights in Bahrain and describing submitted the following information (2) Title of the Form/Collection: the extent to which it has in effect laws collection request to the Office of Violent Criminal Apprehension Program governing exploitative child labor. The Management and Budget (OMB) for (VICAP) Crime Analysis Report. Trade Act of 2002 requires reports on review and approval in accordance with (3) Agency form number, if any, and these issues and others when the the Paperwork Reduction Act of 1995. the applicable component of the President intends to use trade The proposed information collection is Department of Justice sponsoring the promotion authority procedures in collection: FD–676. Department of published to obtain comments from the connection with legislation approving Justice, Federal Bureau of Investigation, public and affected agencies. This and implementing a trade agreement. Violent Criminal Apprehension Program proposed information collection was The President assigned the functions of Unit. previously published in the Federal preparing reports regarding labor rights (4) Affected public who will be asked Register Volume 68, Number 128, on and the existence of laws governing or required to respond, as well as a brief page 39971, on July 3, 2003, allowing exploitative child labor to the Secretary abstract: Primary: State, Local, or Tribal for a 60 day comment period. of Labor, in consultation with the Government. Brief Abstract: Collects Secretary of State and the United States The purpose of this notice is to allow data at crime scenes (e.g., unsolved Trade Representative. The Secretary of for an additional 30 days for public murders or sexual assaults) for analysis Labor further assigned these functions comment until December 3, 2003. This by VICAP staff of the FBI. Law to the Secretary of State and the United process is conducted in accordance with enforcement agencies reporting similar States Trade Representative, to be 5 CFR 1320.10. pattern crimes will be provided carried out by the Secretary of Labor, information to initiate a coordinated Written comments and/or suggestions the Secretary of State and the United multi-agency investigation to expedite regarding the items contained in this States Trade Representative. notice, especially the estimated public identification and apprehension of DATES: Public comments should be burden and associated response time, violent criminal offenders (e.g., serial murderers, serial rapists). received no later than 5 p.m. December should be directed to The Office of 18, 2003. Management and Budget, Office of (5) An estimate of the total number of ADDRESSES: Persons submitting Information and Regulatory Affairs, respondents and the amount of time estimated for an average respondent to comments are strongly advised to make Attention Department of Justice Desk such submissions by electronic mail to Officer, Washington, DC 20503. respond: 10,000 respondents at an average of one hour per response. the following address: Additionally, comments may be (6) An estimate of the annual total [email protected]. Submissions submitted to OMB via facsimile to (202) public burden (in hours) associated with by facsimile may be sent to: Betsy 395–7285. Written comments and the collection: 10,000 total burden White, Office of International Economic suggestions from the public and affected hours. Affairs, Bureau of International Labor agencies concerning the proposed If additional information is required Affairs, U.S. Department of Labor, at collection of information are contact: Brenda E. Dyer, Deputy (202) 693–4851. encouraged. Your comments should Clearance Officer, United States FOR FURTHER INFORMATION CONTACT: For address one or more of the following Department of Justice, Policy and procedural questions regarding the four points: Planning Staff, Justice Management submissions, please contact Betsy (1) Evaluate whether the proposed Division, Suite 1600, Patrick Henry White, Office of International Economic collection of information is necessary Building, 601 D Street, NW., Affairs, Bureau of International Labor for the proper performance of the Washington, DC 20530. Affairs, U.S. Department of Labor, at functions of the agency, including Dated: October 28, 2003. (202) 693–4919, facsimile (202) 693– 4851. These are not toll-free numbers. whether the information will have Brenda E. Dyer, Substantive questions concerning the practical utility; Deputy Clearance Officer, United States labor rights report and/or the report on Department of Justice. (2) Evaluate the accuracy of the Bahrain’s laws governing exploitative agencies estimate of the burden of the [FR Doc. 03–27526 Filed 10–31–03; 8:45 am] child labor should be addressed to Jorge proposed collection of information, BILLING CODE 4410–02–P Perez-Lopez, Office of International including the validity of the Economic Affairs, Bureau of methodology and assumptions used; International Labor Affairs, U.S. (3) Enhance the quality, utility, and DEPARTMENT OF LABOR Department of Labor, 200 Constitution clarity of the information to be Avenue, NW., Washington, DC 20210, Office of the Secretary collected; and telephone (202) 693–4883, facsimile (202) 693–4851. (4) Minimize the burden of the Bureau of International Labor Affairs; SUPPLEMENTARY INFORMATION: collection of information on those who Request for Information Concerning are to respond, including through the Labor Rights in Bahrain and Its Laws I. Background use of appropriate automated, Governing Exploitative Child Labor On August 4, 2003, in accordance electronic, mechanical, or other AGENCIES: Office of the Secretary, Labor; with section 2104(a)(1) of the Trade Act technological collection techniques or Office of the United States Trade of 2002, the United States Trade other forms of information technology, Representative and Department of State. Representative (USTR) notified the e.g., permitting electronic submission of Congress of the President’s intent to ACTION: Request for public comments. responses. initiate a free trade agreement with
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62329
Bahrain. The notification letters to the implement under trade authorities not as separate files. Written comments Congress can be found on the USTR procedures, submit to the Congress a will be placed in a file open to public Web site at http://www.ustr.gov/new/ report describing the extent to which inspection at the Department of Labor, fta/Bahrain/2003-08-04-notification- the country or countries that are parties Room S–5317, 200 Constitution Avenue, house.pdf and http://www.ustr.gov/new/ to the agreement have in effect laws NW., Washington, DC 20210, and in the fta/Bahrain/2003-08-04-notification- governing exploitative child labor.’’ USTR Reading Room in Room 3 of the senate.pdf, respectively. The annex of the Office of the USTR, 1724 II. Information Sought interagency Trade Policy Staff F Street, NW, Washington, DC 20508. Committee (TPSC) has invited the Interested parties are invited to An appointment to review the file at the public to provide written comments submit written information as specified Department of Labor may be made by and/or oral testimony at a public below to be taken into account in contacting Betsy White at (202) 693– hearing to be conducted on November 5, drafting the required reports. Materials 4919. An appointment to review the file 2003 to assist USTR in formulating submitted should be confined to the at USTR may be made by calling (202) positions and proposals with respect to specific topics of the reports. In 395–6186. The USTR Reading Room is all aspects of the negotiations (68 FR particular, agencies are seeking written generally open to the public from 10 51164) (Aug. 25, 2003). It is intended submissions on the following topics: a.m.–12 noon and 1–4 p.m., Monday that negotiations will be launched in 1. Labor laws of Bahrain, including through Friday. Appointments must be January 2004. laws governing exploitative child labor, scheduled at least 48 hours in advance. The FTA is part of the President’s and that country’s implementation and initiative on the creation of a Middle Signed at Washington, DC, this 27th day of enforcement of its labor laws and October 2003. East Free Trade Area. By moving from regulations; unilateral trade preferences to a 2. The situation in Bahrain with Arnold Levine, reciprocal trade agreement, the FTA will respect to core labor standards; Deputy Under Secretary for International seek to eliminate duties and unjustified 3. Steps taken by Bahrain to comply Affairs. barriers to trade in both U.S.- and with International Labor Organization [FR Doc. 03–27568 Filed 10–31–03; 8:45 am] Bahrain-origin goods and also address Convention No. 182 on the worst forms BILLING CODE 4510–28–P trade in services, trade in agricultural of child labor; and products, investment, trade-related 4. The nature and extent, if any, of aspects of intellectual property rights, exploitative child labor in Bahrain. DEPARTMENT OF LABOR Section 2113(6) of the Trade Act defines government procurement, trade-related Office of the Secretary environmental and labor matters, and ‘‘core labor standards’’ as: other issues. The FTA is expected to (A) The right of association; Bureau of International Labor Affairs; contribute to stronger economies, the (B) The right to organize and bargain Request for Information Concerning rule of law, sustainable development, collectively; Labor Rights in the Dominican and more accountable institutions of (C) A prohibition on the use of any Republic and Its Laws Governing governance, complementing ongoing form of forced or compulsory labor; Exploitative Child Labor domestic, bilateral, and multilateral (D) A minimum age for the efforts in the region. employment of children; and AGENCIES: Office of the Secretary, Labor; The Trade Act of 2002 (Pub. L.107– (E) Acceptable conditions of work Office of the United States Trade 210) (the Trade Act) sets forth special with respect to minimum wages, hours Representative and Department of State. procedures (Trade Promotion Authority) of work, and occupational safety and ACTION: Request for comments from the for approval and implementation of health. public. Agreements subject to meeting III. Requirements for Submissions conditions and requirements in Division SUMMARY: This notice is a request for B of the Trade Act, ‘‘Bipartisan Trade This document is a request for facts or comments from the public to assist the Promotion Authority.’’ Section 2102(a)– opinions submitted in response to a Secretary of Labor, the United States (c) of the Trade Act includes negotiating general solicitation of comments from Trade Representative, and the Secretary objectives and a listing of priorities for the public. To ensure prompt and full of State in preparing reports regarding the President to promote in order to consideration of submissions, we labor rights in the Dominican Republic ‘‘address and maintain United States strongly recommend that interested and describing the extent to which it competitiveness in the global economy’’ persons submit comments by electronic has in effect laws governing exploitative in pursuing future trade agreements. mail to the following e-mail address: child labor. The Trade Act of 2002 The President assigned several of the [email protected]. Persons requires reports on these issues and functions in section 2102(c) to the making submissions by e-mail should others when the President intends to Secretary of Labor. (E.O. 13277). These use the following subject line: ‘‘Bahrain: use trade promotion authority include the functions set forth in section Labor Rights and Child Labor Reports.’’ procedures in connection with 2102(c)(8), which requires that the Documents should be submitted in legislation approving and implementing President ‘‘in connection with any trade WordPerfect, MSWord, or text (.TXT) a trade agreement. The President negotiations entered into under this Act, format. Supporting documentation assigned the functions of preparing submit to the Committee on Ways and submitted as spreadsheets is acceptable reports regarding labor rights and the Means of the House of Representatives in Quattro Pro or Excel format. Persons existence of laws governing exploitative and the Committee on Finance of the who make submissions by e-mail should child labor to the Secretary of Labor, in Senate a meaningful labor rights report not provide separate cover letters; consultation with the Secretary of State of the country, or countries, with information that might appear in a cover and the United States Trade respect to which the President is letter should be included in the Representative. The Secretary of Labor negotiating,’’ and the function in section submission itself. Similarly, to the further assigned these functions to the 2102(c)(9), which requires that the extent possible, any attachments to the Secretary of State and the United States President ‘‘with respect to any trade submission should be included in the Trade Representative, to be carried out agreement which the President seeks to same file as the submission itself, and by the Secretary of Labor, the Secretary
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62330 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
of State and the United States Trade and to negotiate specific market access (B) The right to organize and bargain Representative. commitments with the Dominican collectively; DATES: Public comments should be Republic. (C) A prohibition on the use of any The Trade Act of 2002 (Pub. L. 107– received no later than 5 p.m. December form of forced or compulsory labor; 18, 2003. 210) (the Trade Act) sets forth special procedures (Trade Promotion Authority) (D) A minimum age for the ADDRESSES: Persons submitting for approval and implementation of employment of children; and comments are strongly advised to make Agreements subject to meeting such submissions by electronic mail to (E) Acceptable conditions of work conditions and requirements in Division the following address: with respect to minimum wages, hours B of the Trade Act, ‘‘Bipartisan Trade [email protected]. of work, and occupational safety and Promotion Authority.’’ Section 2102(a)– Submissions by facsimile may be sent health. (c) of the Trade Act includes negotiating to: Betsy White, Office of International objectives and a listing of priorities for III. Requirements for Submissions Economic Affairs, Bureau of the President to promote in order to International Labor Affairs, U.S. This document is a request for facts or Department of Labor, at (202) 693–4851. ‘‘address and maintain United States competitiveness in the global economy’’ opinions submitted in response to a FOR FURTHER INFORMATION CONTACT: For in pursuing future trade agreements. general solicitation of comments from procedural questions regarding the The President assigned several of the the public. To ensure prompt and full submissions, please contact Betsy functions in section 2102(c) to the consideration of submissions, we White, Office of International Economic Secretary of Labor. (E.O. 13277). These strongly recommend that interested Affairs, Bureau of International Labor include the functions set forth in section persons submit comments by electronic Affairs, U.S. Department of Labor, at 2102(c)(8), which requires that the mail to the following e-mail address: (202) 693–4919, facsimile (202) 693– President ‘‘in connection with any trade [email protected]. 4851. These are not toll-free numbers. negotiations entered into under this Act, Persons making submissions by e-mail Substantive questions concerning the submit to the Committee on Ways and should use the following subject line: labor rights report and/or the report on Means of the House of Representatives the Dominican Republic’s laws ‘‘Dominican Republic: Labor Rights and and the Committee on Finance of the governing exploitative child labor Child Labor Reports.’’ Documents Senate a meaningful labor rights report should be addressed to Jorge Perez- should be submitted in WordPerfect, of the country, or countries, with Lopez, Office of International Economic MSWord, or text (.TXT) format. respect to which the President is Affairs, Bureau of International Labor Supporting documentation submitted as negotiating,’’ and the function in section Affairs, U.S. Department of Labor, 200 spreadsheets is acceptable in Quattro 2102(c)(9), which requires that the Constitution Avenue NW., Washington, Pro or Excel format. Persons who make President ‘‘with respect to any trade DC 20210, telephone (202) 693–4883, submissions by e-mail should not agreement which the President seeks to facsimile (202) 693–4851. provide separate cover letters; implement under trade authorities information that might appear in a cover SUPPLEMENTARY INFORMATION: procedures, submit to the Congress a letter should be included in the report describing the extent to which I. Background submission itself. Similarly, to the the country or countries that are parties On August 4, 2003, in accordance extent possible, any attachments to the with section 2104(a)(1) of the Trade Act to the agreement have in effect laws governing exploitative child labor.’’ submission should be included in the of 2002, the United States Trade same file as the submission itself, and Representative (USTR) notified the II. Information Sought not as separate files. Written comments Congress of the President’s intent to Interested parties are invited to will be placed in a file open to public enter into free trade negotiations with submit written information as specified inspection at the Department of Labor, the Dominican Republic. The below to be taken into account in Room S–5317, 200 Constitution Avenue notification letters to the Congress can drafting the required reports. Materials NW., Washington, DC 20210, and in the be found on the USTR Web site at submitted should be confined to the USTR Reading Room in Room 3 of the http://www.ustr.gov/new/fta/Dr/2003– specific topics of the reports. In annex of the Office of the USTR, 1724 08–04-notification-house.pdf and http:// particular, agencies are seeking written F Street NW., Washington, DC 20508. www.ustr.gov/new/fta/Dr/2003–08–04- submissions on the following topics: An appointment to review the file at the notification-senate.pdf respectively. At 1. Labor laws of the Dominican a public hearing conducted on October Department of Labor may be made by Republic, including laws governing contacting Betsy White at (202) 693– 8, 2003, the interagency Trade Policy exploitative child labor, and that Staff Committee (TPSC) received written 4919. An appointment to review the file country’s implementation and at USTR may be made by calling (202) comments and oral testimony from the enforcement of its labor laws and 395–6186. The USTR Reading Room is public to assist USTR in formulating regulations; positions and proposals with respect to 2. The situation in the Dominican generally open to the public from 10 all aspects of the negotiations (68 FR Republic with respect to core labor a.m.–12 noon and 1–4 p.m., Monday 51167) (Aug. 28, 2003). It is intended standards; through Friday. Appointments must be that negotiations will be launched in 3. Steps taken by the Dominican scheduled at least 48 hours in advance. January 2004. Republic to comply with International Signed at Washington, DC, this 27th of Through these negotiations, we expect Labor Organization Convention No. 182 October 2003. to provide for essentially the same on the worst forms of child labor; and Arnold Levine, disciplines as those in the Free Trade 4. The nature and extent, if any, of Agreement we are currently negotiating exploitative child labor in the Deputy Under Secretary for International Affairs. with the five members of the Central Dominican Republic. American Economic Integration System Section 2113(6) of the Trade Act [FR Doc. 03–27569 Filed 10–31–03; 8:45 am] (Costa Rica, El Salvador, Guatemala, defines ‘‘core labor standards’’ as: BILLING CODE 4510–28–P Honduras, and Nicaragua) (CAFTA), (A) The right of association;
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62331
DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR
Employment and Training Employment and Training Employment and Training Administration Administration Administration
[TA–W–52,757] [TA–W–53,013] [TA–W–52,767]
State of Alaska Commercial Fisheries American Uniform Co., Robbinsville, Karen Manufacturing, Elizabeth, NJ; Entry Commission Permit NC; Notice of Termination of Notice of Termination of Investigation #S04T57885QT, Soldotna, AK; Notice Investigation of Termination of Investigation Pursuant to section 221 of the Trade Pursuant to section 221 of the Trade Act of 1974, an investigation was Pursuant to section 221 of the Trade Act of 1974, as amended, an initiated on September 4, 2003, in Act of 1974, as amended, an investigation was initiated on investigation was initiated on response to a petition filed by the New September 26, 2003, in response to a Jersey Department of Labor Coordinator September 4, 2003, in response to a petition filed by a company official on petition filed by a company official on on behalf of workers at Karen behalf of workers at American Uniform Manufacturing, Elizabeth, New Jersey. behalf of the group of workers covered Company, Robbinsville, North Carolina. by State of Alaska Commercial Fisheries This investigation revealed that the Entry Commission Permit The petitioner has requested that the petitioner regarding the investigation #S04T57885QT, Soldotna, Alaska. petition be withdrawn. Consequently, has been deemed invalid. Consequently, All workers were separated from the the investigation has been terminated. the investigation has been terminated. Signed at Washington, DC, this 8th day of subject firm more than one year before Signed in Washington, DC, this 10th day of October, 2003. the date of the petition. Section 223 (b) September, 2003. of the Act specifies that no certification Richard Church, Elliott S. Kushner, may apply to any worker whose last Certifying Officer, Division of Trade Certifying Officer, Division of Trade separation occurred more than one year Adjustment Assistance. Adjustment Assistance. before the date of the petition. [FR Doc. 03–27579 Filed 10–31–03; 8:45 am] Consequently, further investigation in [FR Doc. 03–27578 Filed 10–31–03; 8:45 am] BILLING CODE 4510–30–M this case would serve no purpose, and BILLING CODE 4510–30–P the investigation has been terminated. Signed at Washington, DC, this 10th day of DEPARTMENT OF LABOR September, 2003. DEPARTMENT OF LABOR Employment and Training Linda G. Poole, Employment and Training Administration Certifying Officer, Division of Trade Administration Adjustment Assistance. [FR Doc. 03–27577 Filed 10–31–03; 8:45 am] [TA–W–52,755] [TA–W–52,736] BILLING CODE 4510–30–P Fishing Vessel (F/V) Kaja Marie, Naknek, AK; Notice of Termination of Lala Ellen Knitting, Fort Payne, AL; DEPARTMENT OF LABOR Investigation Notice of Termination of Investigation
Employment and Training Pursuant to section 221 of the Trade Pursuant to section 221 of the Trade Administration Act of 1974, as amended, an Act of 1974, as amended, an investigation was initiated on investigation was initiated on [TA–W–52,689] September 4, 2003, in response to a September 3, 2003, in response to a petition filed by a company official on petition filed by a company official on Alkahn Labels, Jac-Arts Division, behalf of workers of F/V Kaja Marie, behalf of workers at Lala Ellen Knitting, Cochran, GA; Notice of Termination of Naknek, Alaska. Fort Payne, Alabama. Investigation The petition regarding the The petitioning worker group is Pursuant to section 221 of the Trade investigation has been deemed invalid. covered by an earlier petition filed on Act of 1974, an investigation was In order to establish a valid worker August 21, 2003 (TA–W–52,564), that is initiated on August 27, 2003, in group, there must be at least three full- the subject of an ongoing investigation response to a petition filed by a time workers employed at some point for which a determination has not yet company official on behalf of workers at during the period under investigation. been issued. Further investigation in Alkahn Labels, Jac-Arts Division, Workers of the group subject to this this case would duplicate efforts and Cochran, Georgia. investigation did not meet this serve no purpose; therefore the The petitioner has requested that the threshold level of employment. investigation under this petition has petition be withdrawn. Consequently, Consequently, the investigation has been terminated. been terminated. the investigation has been terminated. Signed at Washington, DC, this 5th day of Signed in Washington, DC, this 4th day of Signed at Washington, DC, this 10th day of September, 2003. September, 2003. September, 2003. Richard Church, Linda G. Poole, Richard Church, Certifying Officer, Division of Trade Certifying Officer, Division of Trade Certifying Officer, Division of Trade Adjustment Assistance. Adjustment Assistance. Adjustment Assistance. [FR Doc. 03–27575 Filed 10–31–03; 8:45 am] [FR Doc. 03–27574 Filed 10–31–03; 8:45 am] [FR Doc. 03–27576 Filed 10–31–03; 8:45 am] BILLING CODE 4510–30–P BILLING CODE 4510–30–P BILLING CODE 4510–30–P
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62332 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
DEPARTMENT OF LABOR DEPARTMENT OF LABOR National Council on the Arts will be held at the Nancy Hanks Center, 1100 Employment and Training Employment and Training Pennsylvania Avenue, NW., Administration Administration Washington, DC 20506 as follows: [TA–W–52,586] Dance: November 17–19, 2003, Room [TA–W–52,430] 730 (Challenge America-Access and Business Confidential, Thantex Heritage and Preservation categories). New York Airbrake Corporation, Specialities, Inc., Abbeville, SC; Notice This meeting will be closed. Watertown, NY; Notice of Termination of Termination of Investigation of Investigation Opera: November 24, 2003, Room 714 Pursuant to section 221 of the Trade (Challenge America: Access, Heritage Act of 1974, as amended, an Pursuant to Section 221 of the Trade and Preservation categories). A portion investigation was initiated on August Act of 1974, as amended, an of this meeting, from 4:30 p.m. to 5:30 18, 2003, in response to a petition filed investigation was initiated on July 31, p.m., will be open to the public for by a company official on behalf of policy discussion. The remaining 2003 in response to a petition filed by workers at Thantex Specialties, Inc., portions of this meeting, from 9 a.m. to a company official on behalf of workers Abbeville, South Carolina. at New York Airbrake Corporation, The petitioner has requested that the 4:30 p.m. and from 5:30 p.m. to 6 p.m., Watertown, New York. petition be withdrawn. Consequently, will be closed. The petitioner has requested that the the investigation has been terminated. Multidisciplinary/Presenting: petition be withdrawn. Consequently, Signed at Washington, DC, this 4th day of December 1–5, 2003, Room 716 the investigation has been terminated. September, 2003. (Challenge America: Access. Heritage & Preservation categories). A portion of Signed at Washington, DC this 5th day of Richard Church, this meeting, from 11:15 a.m. to 12:30 September 2003. Certifying Officer, Division of Trade Adjustment Assistance. p.m., will be open to the public for Richard Church, [FR Doc. 03–27573 Filed 10–31–03; 8:45 am] policy discussion. The remaining Certifying Officer, Division of Trade BILLING CODE 4510–30–P portions of this meeting, from 9 a.m. to Adjustment Assistance. 6 p.m. on December 1st through 4th, [FR Doc. 03–27570 Filed 10–31–03; 8:45 am] and from 9 a.m. to 11:15 a.m. and 12:30 BILLING CODE 4510–30–P DEPARTMENT OF LABOR p.m. to 3 p.m., will be closed. Employment and Training The closed meetings and portions of DEPARTMENT OF LABOR Administration meetings are for the purpose of Panel review, discussion, evaluation, and Employment and Training [TA–W–52,579] recommendation on applications for Administration Wellington Synthetic Fibers, Leesville, financial assistance under the National SC; Notice of Termination of Foundation on the Arts and the [TA–W–52,437] Investigation Humanities Act of 1965, as amended, including information given in Saint-Gobain Calmar, Inc., City of Pursuant to section 221 of the Trade confidence to the agency by grant Industry, CA; Notice of Termination of Act of 1974, as amended, an applicants. In accordance with the Investigation investigation was initiated on August determination of the Chairman of April 18, 2003, in response to a petition filed 30, 2003, these sessions will be closed Pursuant to section 221 of the Trade by a company official on behalf of to the public pursuant to subsection (c) Act of 1974, an investigation was workers at Wellington Synthetic Fibers, (6) of 5 U.S.C. 552b. initiated on July 31, 2003, in response Leesville, South Carolina. The petitioner has requested that the Any person may observe meetings, or to a worker petition which was filed by petition be withdrawn. Consequently, portions thereof, of advisory panels that the State TAA Coordinator on behalf of the investigation has been terminated. are open to the public, and, if time workers at Saint-Gobain Calmar, City of allows, may be permitted to participate Industry, California. Signed at Washington, DC, this 4th day of September, 2003. in the panel’s discussions at the discretion of the panel chairman and The petitioner has requested that the Richard Church, with the approval of the full-time petition be withdrawn. Consequently, Certifying Officer, Division of Trade the investigation has been terminated. Adjustment Assistance. Federal employee in attendance. Signed in Washington, DC, this 5th day of [FR Doc. 03–27572 Filed 10–31–03; 8:45 am] If you need special accommodations September, 2003. BILLING CODE 4510–30–P due to a disability, please contact the Richard Church, Office of AccessAbility, National Certifying Officer, Division of Trade Endowment for the Arts, 1100 Adjustment Assistance. NATIONAL FOUNDATION ON THE Pennsylvania Avenue, NW., [FR Doc. 03–27571 Filed 10–31–03; 8:45 am] ARTS AND THE HUMANITIES Washington, DC 20506, 202/682–5532, TDY–TDD 202/682–5496, at least seven BILLING CODE 4510–30–P National Endowment for the Arts; (7) days prior to the meeting. Combined Arts Advisory Panel Further information with reference to Pursuant to Section 10(a)(2) of the this meeting can be obtained from Ms. Federal Advisory Committee Act (Pub. Kathy Plowitz-Worden, Office of L. 92–463), as amended, notice is hereby Guidelines & Panel Operations, National given that three meetings of the Endowment for the Arts, Washington, Combined Arts Advisory Panel to the DC 20506, or call 202/682–5691.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62333
Dated: October 28, 2003. for public inspection at the Administration, U.S. Nuclear Regulatory Kathy Plowitz-Worden, Commission’s Public Document Room, Commission, Washington DC 20555. Panel Coordinator, Panel Operations, One White Flint North Building, 11555 Questions on the content of this guide National Endowment for the Arts. Rockville Pike, Rockville, MD or from may be directed to Mr. S. Aggarwal, [FR Doc. 03–27535 Filed 10–31–03; 8:45 am] the publicly available records (301)415–6005; e-mail [email protected]. BILLING CODE 7537–01–P component of NRC’s Agencywide Regulatory guides are available for Documents Access and Management inspection or downloading at the NRC’s System (ADAMS) under Accession No. Web site at
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62334 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
scheduled matters at the Closed I. Self-Regulatory Organization’s listing guidelines under Section 107A of Meeting. Statement of the Terms of Substance of the Amex Company Guide 6 and the Commissioner Atkins, as duty officer, the Proposed Rule Change continued listing guidelines under voted to consider the items listed for the The Amex proposes to list and trade, Sections 1001–1003 of the Amex 7 closed meeting in a closed session. under Section 107A of the Amex Company Guide. The Notes are senior non-convertible The subject matter of the Closed Company Guide, senior non-convertible debt securities of Morgan Stanley that Meeting scheduled for Wendesday, debt securities (‘‘Notes’’) of Morgan will have a term of not less than one November 5, 2003 will be: Stanley, the return on which is based on year nor more than ten years. The the performance of the Morgan Stanley Formal orders of investigation; ‘‘Initial Index Value’’ is the value of the Technology Index. Institution and settlement of Technology Index on the date the Notes administrative proceedings of an II. Self-Regulatory Organization’s are priced for the initial sale to the enforcement nature; Statement of the Purpose of, and public. At maturity the holder of Notes Institution and settlement of injunctive Statutory Basis for, the Proposed Rule will be entitled to receive an amount actions; and Change based upon an ‘‘Average Index Value,’’ Opinions. In its filing with the Commission, the which will be determined by calculating the arithmetic average of the ‘‘Closing For further information, please Amex included statements concerning the purpose of, and basis for, the Index Value’’ on each of three (3) contact the Office of the Secretary at trading days on which no market (202) 942–7070. proposed rule change and discussed any comments it received on the proposed disruption event occurs, beginning on or At times, changes in Commission rule change. The text of these statements after December 23, 2004. The Notes will priorities require alterations in the may be examined at the places specified not have a minimum principal amount scheduling of meeting items. For further in Item III below. The Amex has that will be repaid and, accordingly, payments on the Notes prior to or at information and to ascertain what, if prepared summaries, set forth in maturity may be less than the original any, matters have been added, deleted sections A, B, and C below, of the most issue price of the Notes. The Notes are or postponed, please contact: significant aspects of such statements. The Office of the Secretary at (202) not callable by the issuer. 942–7070. A. Self-Regulatory Organization’s The ‘‘Redemption Amount,’’ which is Statement of the Purpose of, and the the payment that a holder or investor Dated: October 28, 2003. Statutory Basis for, the Proposed Rule will receive at maturity of the Note, will Jonathan G. Katz, Change be based on whether the Average Index Secretary. Value is greater or less than the Initial [FR Doc. 03–27616 Filed 10–31–03; 4:14 pm] 1. Purpose Index Value. If the Average Index Value BILLING CODE 8010–01–P Under Section 107A of the Amex is greater than the Initial Index Value, Company Guide, the Amex may approve a holder of the Notes will receive a for listing and trading securities that Redemption Amount in cash equal to SECURITIES AND EXCHANGE cannot be readily categorized under the $10 plus the ‘‘Leveraged Upside COMMISSION listing criteria for common and Payment.’’ The Leveraged Upside preferred stocks, bonds, debentures, or Payment is equal to $10 multiplied by [Release No. 34–48708; File No. SR–Amex– warrants.3 The Amex proposes to list for 2003–91] trading Notes based on the Morgan General Counsel, Amex, to Patrick M. Joyce, Special Stanley Technology Index.4 The Counsel, Commission, dated October 21, 2003. Self-Regulatory Organizations; 6 The initial listing standards for the Notes Technology Index will be determined, require: (1) a minimum public distribution of one American Stock Exchange LLC; Notice calculated and maintained solely by the million units; (2) a minimum of 400 shareholders; of Filing and Order Granting Amex.5 The Notes will conform to the (3) a market value of at least $4 million; and (4) a Accelerated Approval of Proposed term of at least one year. In addition, the listing guidelines provide that the issuer have assets in Rule Change Relating to the Listing 3 See Securities Exchange Act Release No. 27753 excess of $100 million, stockholder’s equity of at (March 1, 1990), 55 FR 8626 (March 8, 1990) (order and Trading of Notes Based on the least $10 million, and pre-tax income of at least approving File No. SR–Amex–89–29). Morgan Stanley Technology Index $750,000 in the last fiscal year or in two of the three 4 The Morgan Stanley Technology Index is an prior fiscal years. In the case of an issuer which is October 28, 2003. equal-dollar weighted index consisting of thirty-five unable to satisfy the earning criteria stated in (35) securities designed to measure the performance Section 101 of the Amex Company Guide, the Amex Pursuant to Section 19(b)(1) of the of a cross-section of highly capitalized U.S. will require the issuer to have the following: (1) Securities Exchange Act of 1934 companies that are active in nine technology assets in excess of $200 million and stockholders’ (‘‘Act’’)1 and Rule 19b–4 thereunder,2 subsectors: (i) computer services; (ii) design equity of at least $10 million; or (2) assets in excess software; (iii) server software; (iv) PC software and notice is hereby given that on October of $100 million and stockholders’ equity of at least new media; (v) networking and telecommunications $20 million. 22, 2003, the American Stock Exchange equipment; (vi) server hardware; (vii) server 7 The Amex’s continued listing guidelines are set LLC (‘‘Amex’’) filed with the Securities hardware; (viii) PC hardware and peripherals; and forth in Sections 1001 through 1003 of Part 10 to and Exchange Commission (ix) specialized systems and semi-conductors. the Amex Company Guide. Section 1002(b) of the 5 (‘‘Commission’’) the proposed rule As further described in the prospectus, the Amex Company Guide states that the Amex will Amex is solely responsible for calculating and consider removing from listing any security where, change as described in Items I and II maintaining the Technology Index in consultation in the opinion of the Amex, it appears that the below, which the Amex has prepared. with Morgan Stanley & Co., Inc. These duties, extent of public distribution or aggregate market The Commission is publishing this among others, include changes to the Index due to value has become so reduced to make further notice to solicit comments on the annual reconstitutions and adjustments. The Amex dealings on the Amex inadvisable. With respect to has re-submitted a letter dated August 29, 1995 continued listing guidelines for distribution of the proposed rule change from interested from Morgan Stanley to the Commission that Notes, the Amex will rely, in part, on the guidelines persons and is approving the proposal describes the role of the Amex with respect to the for bonds in Section 1003(b)(iv). Section on an accelerated basis. calculation and maintenance of the Technology 1003(b)(iv)(A) provides that the Amex will Index, and has further represented that the same normally consider suspending dealings in, or methodology will apply with respect to the Notes removing from the list, a security if the aggregate 1 15 U.S.C. 78s(b)(1). that are the subject of this proposed rule change. market value or the principal amount of bonds 2 17 CFR 240. 19b–4. See Memorandum from Jeffrey P. Burns, Associate publicly held is less than $400,000.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62335
200% of the percentage increase in the (or ‘‘Capped Amount’’) determined at this Redemption Amount is set forth value of the Technology Index Notes, the time of issuance. The calculation of below: subject to a maximum payment amount
Average Index Value− Initial Index Value $10+× $10200% × , subject to Capped Amount Initial Index Value
If the Average Index Value is less than Because the Notes are linked to an component replacements, it is or equal to the Initial Index Value, a equity index, the Amex’s existing equity imperative that both Morgan Stanley holder of the Notes will receive a floor trading rules would apply to the and Amex have policies that prohibit Redemption Amount in cash equal to trading of the Notes. First, pursuant to the distribution of material, non-public the principal amount multiplied by an Amex Rule 411, the Amex would information by its employees. Morgan ‘‘Index Performance Factor.’’ This Index impose a duty of due diligence on its Stanley and Amex have represented that Performance Factor is the relationship members and member firms to learn the they have policies that prohibit the between the Average Index Value and essential facts relating to every customer distribution of material, non-public the Initial Index Value, and will be a prior to trading the Notes.9 Second, the information by their employees. number equal or less than 1.0. The Notes would be subject to the equity 2. Statutory Basis calculation of this Redemption Amount margin rules of the Amex.10 Third, the is set forth below: Amex would, prior to trading the Notes, The Amex believes that the proposed distribute a circular to the membership rule change is consistent with Section 11 Average Index Value providing guidance with regard to 6(b) of the Act and furthers the $10 × objectives of Section 6(b)(5) of the Act 12 Initial Index Value member firm compliance responsibilities (including suitability in that it is designed to prevent The Redemption Amount in this case recommendations) when handling fraudulent and manipulative acts and would accordingly be less than or equal transactions in the Notes and practices, to promote just and equitable to $10 for each $10 principal amount of highlighting the special risks and principles of trade, to remove the Notes. characteristics of the Notes. With impediments to and perfect the The Notes are cash-settled in U.S. respect to suitability recommendations mechanism of a free and open market dollars and do not give the holder any and risks, the Amex would require and, in general, to protect investors and right to receive a portfolio security or members, member organizations and the public interest. any other ownership right or interest in employees thereof recommending a B. Self-Regulatory Organization’s the portfolio of securities comprising transaction in the Notes: (1) To Statement on Burden on Competition the Technology Index. The Notes are determine that such transaction is The Amex does not believe that the designed for investors who want to suitable for the customer, and (2) to proposed rule change will impose any participate in or gain exposure to the have a reasonable basis for believing burden on competition. companies involved in various that the customer can evaluate the technology subsectors and who are special characteristics of, and is able to C. Self-Regulatory Organization’s willing to forego market interest bear the financial risks of, such Statement on Comments on the payments on the Notes during such transaction. In addition, Morgan Stanley Proposed Rule Change Received From term. The Commission has previously will deliver a prospectus in connection Members, Participants or Others approved the listing of options on the with the initial purchase of the Notes. The Amex did not receive any written 8 Technology Index. The Amex represents that its comments on the proposed rule change. As of October 14, 2003, the market surveillance procedures are adequate to capitalization of the securities that properly monitor the trading of the III. Solicitation of Comments would represent the Technology Index Notes. Specifically, the Amex will rely Interested persons are invited to would range from a high of $314.4 on its existing surveillance procedures submit written data, views and billion to a low of $3.14 billion. The governing equities, which have been arguments concerning the foregoing, average monthly trading volume of the deemed adequate under the Act. including whether the proposed rule securities comprising the Index for the Because the Index is maintained by a change is consistent with the Act. last six months, as of the same date, broker-dealer or an affiliate of a broker- Persons making written submissions ranged from a high of 742.5 million dealer, it is imperative that there be a should file six copies thereof with the shares to a low of 36.02 million shares. functional separation, such as a firewall, Secretary, Securities and Exchange The aggregate market capitalization of between the trading desk of the broker- Commission, 450 Fifth Street, NW., all securities in the Index was dealer and the research persons Washington, DC 20549–0609. Copies of approximately $1.714 trillion. The responsible for maintaining the Index. the submission, all subsequent Amex would continue to calculate and Morgan Stanley has represented to the amendments, all written statements disseminate the value of the Notes every Commission that such a firewall exists. with respect to the proposed rule fifteen seconds over the Consolidated Moreover, because Morgan Stanley change that are filed with the Tape Association’s Network B. presents Amex with a list of potential Commission, and all written communications relating to the 8 See Securities Exchange Act Release Nos. 36283 9 Amex Rule 411 requires that every member, proposed rule change between the (September 26, 1995), 60 FR 51825 (October 3, member firm or member corporation use due Commission and any person, other than 1995) (approving the listing of options on the diligence to learn the essential facts, relative to those that may be withheld from the Morgan Stanley High Technology 35 Index); and every customer and to every order or account 41472 (June 2, 1999), 64 FR 31331 (June 10, 1999) accepted. (approving a reduction in the Morgan Stanley High 10 See Amex Rule 462 and Section 107B of the 11 15 U.S.C. 78f(b). Technology Index Value). Amex Company Guide. 12 15 U.S.C. 78f(b)(5).
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 EN03NO03.000 EN03NO03.001 62336 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
public in accordance with the Initial Index Value, the holder of the problems that could arise from the provisions of 5 U.S.C. 552, will be Notes will receive an amount in cash hybrid nature of the Notes. The Amex available for inspection and copying at equal to $10 plus the Leveraged Upside will require members, member the Commission’s Public Reference Payment. The Leveraged Upside organizations and employees thereof Room. Copies of such filing will also be Payment is equal to $10 multiplied by recommending a transaction in the available for inspection and copying at 200% of the percentage increase in the Notes to: (1) determine that such the principal office of the Amex. All value of the Technology Index, subject transaction is suitable for the customer submissions should refer to the File No. to the Capped Amount. If the Average and (2) have a reasonable basis for SR–Amex–2003–91 and should be Index Value is less than or equal to the believing that the customer can evaluate submitted by November 24, 2003. Initial Index Value, a holder of the the special characteristics, and bear the Notes will receive a Redemption financial risks, of such transaction. IV. Commission’s Findings and Order Amount in cash equal to the principal Moreover, the Commission notes that Granting Accelerated Approval of amount multiplied by the Index the Amex will distribute a circular to its Proposed Rule Change Performance Factor. The Index membership calling attention to the After careful consideration, the Performance Factor is the relationship specific risks associated with the Notes. Commission finds that the proposed between the Average Index Value and The Commission also notes that Morgan rule change is consistent with the the Initial Index Value and will be a Stanley will deliver a prospectus in requirements of the Act and the rules number equal or less than 1.0, and connection with the initial sales of the and regulations thereunder applicable to accordingly will be less than or equal to Notes. In addition, the Commission a national securities exchange, and, in $10 for each $10 principal amount of notes that Amex will incorporate and particular, with the requirements of the Notes. rely upon its existing surveillance Section 6(b)(5) of the Act.13 The The Notes will provide investors who procedures governing equities. The Commission finds that this proposal is are willing to forego market interest Commission believes that the Exchange similar to several approved notes whose payments during the term of the Notes has appropriate surveillance procedures value is linked to an equity index with a means to participate or gain in place to detect and deter potential currently listed and traded on the exposure to the Technology Index, manipulation for similar index-linked Amex.14 Accordingly, the Commission subject to a cap. products. finds that the listing and trading of the The Commission notes that the Notes Because Morgan Stanley presents Notes based on the Technology Index are not leveraged on the downside, non- Amex with a list of potential component are consistent with the Act and will principal protected instruments. The replacements, it is imperative that promote just and equitable principles of Notes are debt instruments whose price Morgan Stanley and Amex have policies trade, foster cooperation and will be derived and based upon the that prohibit the distribution of coordination with persons engaged in value of the Technology Index. The material, non-public information by regulating, clearing, settling, processing Notes do not have a minimum principal their employees. Morgan Stanley and information with respect to, and amount that will be repaid at maturity, Amex have represented that they have facilitating transactions in securities, and the payments of the Notes prior to policies that prohibit the distribution of and, in general, protect investors and or at maturity may be less than the material, non-public information by the public interest consistent with original issue price of the Notes. Thus, their employees. Moreover, because the Section 6(b)(5) of the Act.15 if the value of the Technology Index has Index is maintained by a broker-dealer As described more fully above, at declined at maturity, the holder of the or an affiliate of a broker-dealer, it is maturity, the holder of a Note will Note will receive less than the original imperative that there be a functional receive an amount based upon the public offering price of the Note. separation, such as a firewall, between Average Index Value of the Technology Accordingly, the level of risk involved the trading desk of the broker-dealer and Index. Specifically, at maturity, the in the purchase or sale of the Notes is the research persons responsible for holder of a Note will be entitled to similar to the risk involved in the maintaining the Index. Morgan Stanley receive a payment based on whether the purchase or sale of traditional common has represented to the Commission that Average Index Value is greater or less stock. Because the final rate of return of such a firewall exists. than the Initial Index Value. If the the Notes is derivatively priced, based In approving the product, the Average Index Value is greater than the on the performance of the 35 common Commission recognizes that the stocks underlying the Technology Technology Index is an equal-dollar 13 15 U.S.C. 78f(b)(5). Index, and because the Notes are index comprised of 35 component 14 See Securities Exchange Act Release Nos. instruments that do not guarantee a stocks designed to measure the 47911 (May 22, 2003), 68 FR 32558 (May 30, 2003) return of principal, there are several performance of a cross-section of highly (approving the listing and trading of notes capitalized U.S. companies that are (Wachovia TEES) linked to the S&P 500); 47983 issues regarding the trading of this type (June 4, 2003), 68 FR 35032 (June 11, 2003) of product. However, for the reasons active in nine technology subsectors: (i) (approving the listing and trading of a CSFB discussed below, the Commission Computer services; (ii) design software; Accelerated Return Notes linked to S&P 500); 48152 believes that the Amex’s proposal (iii) server software; (iv) PC software (July 10, 2003), 68 FR 42435 (July 17, 2003) and new media; (v) networking and (approving the listing and trading of a UBS Partial adequately addresses the concerns Protection Note linked to the S&P 500); 48151 (July raised by this type of product. telecommunications equipment; (vi) 10, 2003), 68 FR 42438 (July 17, 2003) (approving The Commission notes that the server hardware; (vii) server hardware; the listing and trading of Merrill Lynch Accelerated Amex’s rules and procedures that (viii) PC hardware and peripherals; and Return Notes linked to the performance of the address the special concerns attendant (ix) specialized systems and semi- Amex Biotechnology Index); and 48486 (September 11, 2003), 68 FR 54758 (September 18, 2003) to the trading of hybrid securities will conductors. As of October 14, 2003, the (approving the listing and trading of CSFB be applicable to the Notes. In particular, market capitalization of the securities contingent principal protection notes linked to the by imposing the hybrid listing that would represent the Technology S&P 500). standards, suitability, disclosure, and Index would range from a high of $314.4 15 15 U.S.C. 78f(b)(5). In approving this rule, the Commission notes that it has considered the compliance requirements noted above, billion to a low of $3.14 billion. The proposed rule’s impact on efficiency, competition, the Amex, in the Commission’s view, average monthly trading volume of the and capital formation. 15 U.S.C. 78c(f). has addressed adequately the potential securities comprising the Index for the
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62337
last six months, as of the same date, fifteen seconds throughout the trading SECURITIES AND EXCHANGE ranged from a high of 742.5 million day over the Consolidated Tape COMMISSION shares to a low of 36.02 million shares. Association’s Network B. The [Release No. 34–48681; File No. SR–CBOE– The aggregate market capitalization of Commission believes that providing 2003–14] all securities in the Index was access to the value of the Technology approximately $1.714 trillion. Given the Index at least once every fifteen seconds Self-Regulatory Organizations; Order compositions of the stocks underlying throughout the trading day is extremely Granting Approval of Proposed Rule the Technology Index, the Commission important and will provide benefits to Change and Amendment No. 1 Thereto believes that the listing and trading of investors in the product. by the Chicago Board Options the Notes that are based on the The Commission finds good cause for Exchange, Incorporated Relating to performance of the Technology Index Options on a Reduced Value NYSE approving the proposed rule change should not unduly impact the market Composite Index for the underlying securities comprising prior to the thirtieth day after the date the Technology Index or raise of publication of notice thereof in the October 22, 2003. Federal Register. The Amex has manipulative concerns. As discussed I. Introduction more fully above, the underlying stocks requested accelerated approval because comprising the Technology Index are this product is similar to several other On March 25, 2003, the Chicago highly capitalized U.S. securities. instruments currently listed and traded Board Options Exchange, Incorporated Furthermore, the Commission notes on the Amex.19 The Commission (‘‘CBOE’’ or ‘‘Exchange’’) filed with the that the Notes depend upon the believes that the Notes will provide Securities and Exchange Commission individual credit of the issuer, Morgan investors with an additional investment (‘‘Commission’’), pursuant to section Stanley. To some extent this credit risk choice and that accelerated approval of 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 is minimized by the listing standards in the proposal will allow investors to thereunder,2 a proposed rule change to Section 107A of the Amex Company begin trading the Notes promptly. permit the trading of options on the Guide, which provide that only issuers Additionally, the Notes will be listed satisfying substantial asset and equity reduced value, Revised NYSE pursuant to Amex’s existing hybrid Composite Index. On August 6, 2003, requirements may issue securities such security listing standards as described as the Notes. In addition, the Amex’s the CBOE submitted Amendment No.1 above. Based on the above, the to the proposed rule change.3 ‘‘Other Securities’’ listing standards Commission believes that there is good further require that the Notes have a The proposed rule change, as cause, consistent with Sections 6(b)(5) market value of at least $4 million.16 In amended, was published for comment and 19(b)(2) of the Act,20 to approve the any event, financial information in the Federal Register on September 5, proposal on an accelerated basis. 4 regarding Morgan Stanley, in addition to 2003. The Commission received no comments on the proposal. This order the information on the 35 component V. Conclusion stocks comprising the Technology approves the proposed rule change, as Index, will be publicly available.17 It is therefore ordered, pursuant to amended. The Commission also has a systemic Section 19(b)(2) of the Act,21 that the II. Description of the Proposal concern, however, that a broker-dealer proposed rule change (SR–Amex–2003– In January 2003, the New York Stock such as Morgan Stanley, or a subsidiary 91), is hereby approved on an Exchange, Inc. (‘‘NYSE’’) announced providing a hedge for the issuer, will accelerated basis. that it would replace the NYSE incur position exposure. However, as For the Commission, by the Division of the Commission has concluded in Composite Index (‘‘Old Index’’), which Market Regulation, pursuant to delegated was designed to measure the previous approval orders for other authority.22 hybrid instruments issued by broker- performance of securities listed on the Margaret H. McFarland, NYSE (with the exception of preferred dealers,18 the Commission believes that securities), with a Revised NYSE this concern is minimal given the size Deputy Secretary. Composite Index.5 of the Notes issuance in relation to the [FR Doc. 03–27593 Filed 10–31–03; 8:45 am] The Revised NYSE Composite Index has 700 fewer net worth of Morgan Stanley. BILLING CODE 8010–01–P Finally, the Commission notes that components than the Old Index and, the value of the Technology Index will according to the NYSE, should create an be disseminated at least once every index that is more representative of investable equity securities tracked on 16 See Amex Company Guide Section 107A. 1 17 The Commission notes that the 35 component 15 U.S.C. 78s(b)(1). stocks that make up the Technology Index are 2 17 CFR 240.19b–4. reporting companies under the Act, and the Notes 3 See letter from Jim Flynn, Attorney II, CBOE, to will be registered under Section 12 of the Act. Nancy Sanow, Assistant Director, Division of 18 See, e.g., Securities Exchange Act Release Nos. Market Regulation, Commission dated August 5, 44913 (October 9, 2001), 66 FR 52469 (October 15, 2003 (‘‘Amendment No. 1’’). In Amendment No. 1, 2001) (order approving the listing and trading of CBOE replaced its proposed rule change in its notes whose return is based on the performance of entirety. the Nasdaq-100 Index) (File No. SR–NASD–2001– 4 See Securities Exchange Act Release No. 48416 73); 44483 (June 27, 2001), 66 FR 35677 (July 6, (August 27, 2003), 68 FR 52804. 2001) (order approving the listing and trading of 5 The Revised NYSE Composite Index would notes whose return is based on a portfolio of 20 continue to measure the performance of all NYSE- securities selected from the Amex Institutional listed common stock, American Depository Receipts Index) (File No. SR–Amex–2001–40); and 37744 (‘‘ADRs’’), tracking stocks and real estate (September 27, 1996), 61 FR 52480 (October 7, 19 See note 14, supra. investment trusts (‘‘REITs’’), but would exclude 1996) (order approving the listing and trading of closed-end investment companies, exchange traded 20 15 U.S.C. 78f(b)(5) and 78s(b)(2). notes whose return is based on a weighted portfolio funds (‘‘ETFs’’), derivatives, preferred stocks, shares of healthcare/biotechnology industry securities) 21 15 U.S.C. 78s(b)(2). of beneficial interest, trust units and limited (File No. SR–Amex–96–27). 22 17 CFR 200.30–3(a)(12). partnerships.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62338 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
the NYSE. In addition, the Revised the proposed rule change is consistent the Old Index, the Commission does not NYSE Composite Index would be with section 6(b)(5) 10 of the Act which believe that this should raise concerns. calculated using a float-adjusted market requires that the Exchange’s rules be The purpose behind this change is to capitalization weighting method instead designed to prevent fraudulent and reduce the extremely large contract size of a full-market capitalization manipulative acts and practices, to that would result from pairing the weighting, as was used in the Old promote just and equitable principles of standard contract multiplier with such a Index.6 The float-adjusted market trade, to remove impediments to and high underlying index level.12 Such a capitalization method is used to reflect perfect the mechanism of a free and reduction will provide investors with only the number of shares that are open market and a national market product offerings that are consistent actually available to investors.7 The system, and, in general, to protect with those available for the Old Index. Revised NYSE Composite Index will be investors and the public interest. While Because the reduction in contract size is maintained and calculated by the Dow the Exchange does not believe that these intended to have the index value be Jones. Maintenance includes monitoring changes will result in any material reduced to levels similar to the contract and implementing the adjustments for differences in the manner in which size on the Old Index, the Commission company additions and deletions, share options on the Reduced Value Index has determined that it is appropriate to changes, stock splits, stock dividends, will trade, the Commission believes that apply the same position and exercise corporate restructurings, spin-offs and certain issues need to be addressed, limits applicable to the Old Index other corporate actions. including the float-adjusted market options to the new option contracts on The CBOE has proposed to list and capitalization method for the index. the Revised NYSE Composite Index. trade options based on one-tenth (1/ The Commission believes that index Further, the 45,000-contract limit with a 10th) the value of the Revised NYSE options on the Revised NYSE Composite reduction to 25,000 contracts in the Composite Index as well as LEAPS and Index should be beneficial to members near-term months, is equivalent to the reduced-value LEAPS on the Revised that want to track the New York Stock position and exercise limits applicable NYSE Composite Index. The Revised Exchange equity markets, and could to other similar broad-based indices. NYSE Composite Index, unlike the Old provide a useful hedging vehicle for The Commission notes that margin Index, is a broad-based index designed such investors.11 Because the Revised requirements and other material terms to reflect the actual number of shares NYSE Composite Index is intending to of the options, such as a.m. settlement, available to investors, and will be track the NYSE’s equity markets as a will remain unchanged, and, as such, treated as a broad-based index under whole, the index is appropriately the trading of options on the Revised CBOE Rules. All other material terms to treated as a broad-based index option NYSE Composite Index does not raise the options on the Revised NYSE under CBOE rules, and for regulatory any new issues in these areas. CBOE has Composite Index remain the same as purposes. stated that it will apply its existing those of the Old Index. Accordingly, As noted above, the float-adjusted surveillance procedures to monitor options on the index would continue to market capitalization eliminates certain trading in options on the Revised NYSE have a.m., European style settlement, holdings that are not freely available Composite Index. The Commission the same position and exercise limits as from the capitalization calculation. This believes that these procedures should be the Old Index options and broad based is the first index option CBOE will be sufficient to detect as well as deter index options margin. trading using this method of calculation manipulation and other trading abuses. for the underlying index. The Finally, the CBOE has agreed to send III. Discussion Commission believes that this newly- a circular to members discussing the The Commission has carefully developed method for calculating the Revised NYSE Composite Index and the reviewed the CBOE’s proposed rule index value could help to relieve the index options that will be traded on change and finds that the proposal is potential price distortions that could CBOE on the Revised NYSE Composite consistent with the requirements of the result from including in the index the Index. The circular will discuss the new Act and the rules and regulations entire capitalization of a company with float-adjusted market capitalization thereunder applicable to a national limited free float. While this somewhat method. The Commission believes that securities exchange 8 and with the reduces the overall capitalization of the this will be useful since the Old Index requirements of section 6(b) of the Act.9 Revised NYSE Composite Index, the had a different calculation method and In particular, the Commission finds that capitalization of this index will still this is the first time that CBOE will be remain extremely large. trading index options using a float- 6 The CBOE states that all option series on the Old The Commission also notes that while adjusted market capitalization method. Index have expired and no new series in Old Index the Exchange’s proposal to list and trade The Revised NYSE Composite Index Options have been added or will be added. options at one-tenth (1/10th) of the 7 In calculating this number of shares, the float- will also have a different symbol than adjusted market capitalization methodology will value of the underlying index represents the one used for the Old Index. These reduce each underlying issuer’s market share in the a departure from the calculation used in efforts should help to avoid investor Revised NYSE Composite Index by the market confusion relating to options on the Old capitalization value represented by those shares 10 15 U.S.C. 78f(b)(5). held through 5% or more block ownership. The Index and the Revised NYSE Composite 11 Pursuant to section 6(b)(5) of the Act, the Index. following types of ownership are considered block Commission must predicate approval of any new ownership: cross ownership (shares that are owned securities product upon a finding that the by other companies); government ownership (shares introduction of such product is in the public 12 The Old Index was calculated to a base of 500 that are owned by governments or their agencies; interest. Such a finding would be difficult with and, after multiplying by the standard $100 contract private ownership (shares that are closely held by respect to a product that served no hedging or other multiplier, the contract size was $50,000. The individuals, families or charitable trusts and economic function because any benefits that might Revised NYSE Composite Index is calculated to a foundations); and restricted shares (shares that are be derived by market participants likely would be base of 5,000, which, after multiplying by the not allowed to be traded during a certain period of outweighed by the potential for manipulation, standard $100 contract multiplier, yields a contract time). diminished public confidence in the integrity of the size of $500,000. To address this extremely large 8 In approving this proposed rule change, the markets, and other valid regulatory concerns. In this contract size, the CBOE has proposed to list and Commission has considered the proposed rule’s regard, the trading of index options on the Revised trade options based on 1/10th of the value of the impact on efficiency, competition, and capital NYSE Composite Index will provide investors with Revised NYSE Composite Index. This translates to formation. 15 U.S.C. 78c(f). a hedging vehicle for all equity securities traded on a contract size of $50,000, which is the same as that 9 15 U.S.C. 78f. the NYSE. of the Old Index.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62339
In summary, the Commission notes Percent (2) Review of the developments in that the Revised NYSE Composite Index Afghanistan, Iraq and the Middle East is a broad-based index and that listing Businesses with credit available since the last ACLD meeting on May 2, options on the Revised NYSE Composite elsewhere ...... 6.199 2003; Index will provide an opportunity for Businesses and non-profit orga- (3) Discussion of alternative proposals investors to hedge the market risk nizations without credit avail- for labor diplomacy in Afghanistan, Iraq able elsewhere ...... 3.100 associated with the trading of equity and the Middle East. Others (including non-profit or- Members of the public are welcome to securities on the NYSE. ganizations) with credit avail- attend the meeting as seating capacity IV. Conclusion able elsewhere ...... 5.500 For Economic Injury: allows. As access to the Department of It is therefore ordered, pursuant to Businesses and small agricul- State is controlled, persons wishing to section 19(b)(2) of the Act,13 that the tural cooperatives without attend the meeting must be pre-cleared proposed rule change, as amended (SR– credit available elsewhere ..... 3.100 by calling or faxing the following CBOE–2003–14) be, and it hereby is, information, by close of business approved. The number assigned to this disaster November 11, to Executive Director, For the Commission, by the Division of for physical damage is 355505. For ACLD, Jean Gardner at tel. (202) 647– Market Regulation, pursuant to delegated economic injury the number is 9X4600 3664, or fax (202) 647–0431, e-mail authority.14 for California; 9X4700 for Arizona; and [email protected]; name, company or Margaret H. McFarland, 9X4800 for Nevada. organization affiliation (if any); date of Deputy Secretary. (Catalog of Federal Domestic Assistance birth; and social security number. Pre- [FR Doc. 03–27536 Filed 10–31–03; 8:45 am] Program Nos. 59002 and 59008) cleared persons should use the C Street BILLING CODE 8010–01–P Dated: October 28, 2003. entrance to the State Department and Herbert L. Mitchell, have a driver’s license with photo, a Associate Administrator for Disaster passport, a U.S. Government ID or other SMALL BUSINESS ADMINISTRATION Assistance. valid photo identification. Members of the public may, if they [FR Doc. 03–27548 Filed 10–31–03; 8:45 am] [Declaration of Disaster #3555] wish, submit a brief statement to the BILLING CODE 8025–01–P Committee in writing. Those wishing State of California further information should contact Ms. Gardner at the phone and fax numbers As a result of the President’s major DEPARTMENT OF STATE disaster declaration on October 27, provided above. 2003, I find that Los Angeles, San [Public Notice 4523] Dated: October 27, 2003. Bernardino, San Diego and Ventura Loren Craner, Counties in the State of California Advisory Committee on Labor Diplomacy; Notice of Meeting Assistant Secretary, Bureau of Democracy, constitute a disaster area due to Human Rights and Labor, Department of damages caused by wildfires occurring The Advisory Committee on Labor State. on October 21, 2003 and continuing. Diplomacy (ACLD) will hold a meeting [FR Doc. 03–27600 Filed 10–31–03; 8:45 am] Applications for loans for physical beginning at 9 a.m. on November 17, BILLING CODE 4710–18–P damage as a result of this disaster may 2003 in room 1406, U.S. Department of be filed until the close of business on State, 2201 C Street, NW., Washington, December 26, 2003 and for economic DC 20520. Committee Chairman TENNESSEE VALLEY AUTHORITY injury until the close of business on July Thomas R. Donahue, former President of 27, 2004 at the address listed below or the AFL–CIO, will chair the meeting. Sunshine Act; Notice of Meeting other locally announced locations: The ACLD is composed of prominent U.S. Small Business Administration, persons with expertise in the area of AGENCY HOLDING THE MEETING: Tennessee Disaster Area 4 Office, P.O. Box international labor policy and labor Valley Authority (Meeting No. 1548). 13795, Sacramento, CA 95853–4795 diplomacy. The ACLD advises the TIME AND DATE: 9 a.m. (EST), November In addition, applications for economic Secretary of State and the President on 5, 2003, Fogelman Executive Conference injury loans from small businesses the resources and policies necessary to Center Auditorium, Memphis, located in the following contiguous implement labor diplomacy programs Tennessee. counties may be filed until the specified efficiently, effectively and in a manner STATUS: Open. date at the above location: Imperial, that ensures success in promoting the Agenda Inyo, Kern, Orange, Riverside and Santa objectives and ideals of U.S. labor Barbara in the State of California; La Paz policies in the 21st century. The ACLD Approval of minutes of meeting held and Mohave Counties in the State of makes recommendations on how to on August 27, 2003. Arizona; and Clark County in the State strengthen the Department of State’s New Business of Nevada. ability to respond to the many The interest rates are: challenges facing the United States and A—Budget and Financing the federal government in international A1. Approval of tax-equivalent Percent labor matters. These challenges include payments for Fiscal Year 2003 and the protection of worker rights, the For Physical Damage: estimated payments for Fiscal Year Homeowners with credit avail- elimination of exploitative child labor, 2004. able elsewhere ...... 5.125 and the prevention of abusive working A2. Delegation of authority to the Homeowners without credit conditions. Chief Financial Officer; Executive Vice available elsewhere ...... 2.562 The agenda for the November 17 President, Customer Service and meeting includes: Marketing; Senior Vice President and 13 15 U.S.C. 78s(b)(2). (1) Reading of the minutes of the last Treasurer; and designees to enter into an 14 17 CFR 200.30–3(a)(12). ACLD meeting; arrangement for a $1.5 billion
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62340 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
prepayment transaction with Memphis Service, to Dan Livorsi, affecting System and to the Provisions of the TVA Light, Gas and Water Division. approximately 0.76 acre of former TVA Savings and Deferral Retirement Plan. land on Watauga Reservoir in Johnson 13. Approval to establish a Financial C—Energy County, Tennessee, Tract No. XTWAR– Trading Pilot Program and authorization C1. Contracts with Page Clearing 11. for TVA to trade certain futures Contractors and Crisp & Crisp, Inc., for contracts and options on futures F—Other clearing of right-of-way areas for new contracts solely for the purpose of transmission line construction. F1. Approval to file condemnation hedging certain fuel-related price risks. C2. Supplement to contract with CBP cases to acquire easements and rights-of- 14. Approval of TVA’s contribution to Engineering Corporation for piping, way for TVA power transmission line the TVA Retirement System for Fiscal flanges, fittings, and services for any projects affecting the Basin-Toccoa Year 2004. TVA fossil plant. Transmission Line in Polk County, FOR FURTHER INFORMATION CONTACT: C3. Contract with Underwater Tennessee, and Fannin County, Georgia, Please call TVA Media Relations at Construction Corporation for diving and the West Sparta-Sparta District (865) 632–6000, Knoxville, Tennessee. services at TVA facilities. Transmission Line in White County, Information is also available at TVA’s C4. Delegation of authority to the Tennessee. Washington Office (202) 898–2999. Executive Vice President, Fossil Power Information Items People who plan to attend the meeting Group, to enter into term coal contracts and have special needs should call (865) with Alliance Coal LLC; Resource Sales, 1. Approval of a blanket contract with 632–6000. Anyone who wishes to Inc.; and SCB LLC for coal supply to Ashley Sling, Inc., for wire rope, slings, comment on any of the agenda in Paradise Fossil Plant. and fittings at any TVA location. 2. Approval of a supplement to TVA’s writing may send their comments to: E—Real Property Transactions cooperative agreement with the State of TVA Board of Directors, Board Agenda E1. Grant of a permanent easement to Alabama for the operation and Comments, 400 West Summit Hill the Colbert County Commission for a maintenance of radiological emergency Drive, Knoxville, Tennessee 37902. bridge improvement project, affecting plans. Dated: October 29, 2003. approximately 0.3 acre of land on 3. Approval of a supplement to the Maureen H. Dunn, Pickwick Reservoir in Colbert County, contract with Retiree Resources General Counsel and Secretary. Corporation for staff augmentation Alabama, Tract No. XTPR–70H. [FR Doc. 03–27629 Filed 10–30–03; 10:07 E2. Sale of a noncommercial, services. am] 4. Approval of a supplement to the nonexclusive permanent easement to BILLING CODE 8120–08–P Tim Cormier for construction and contract with Shook and Fletcher maintenance of recreational water-use Insulation Company for insulation materials and related products. facilities, affecting approximately 0.3 DEPARTMENT OF TRANSPORTATION acre of land on Tellico Reservoir in 5. Approval of a supplement to the contract with Bulwark/VF Workwear, Monroe County, Tennessee, Tract No. Federal Aviation Administration XTELR–244RE. Inc., for flame resistant daily-wear E3. Grant of a permanent easement to clothing. Notice of Intent To Rule on Application 6. Approval of a contract with Chem- the Town of Grant, Alabama, for a 03–06–C–00–FAR To Impose and Use Nuclear Systems, LLC, for disposal of wastewater discharge line, affecting the Revenue From a Passenger Facility TVA’s low-level radioactive waste at the approximately 1.4 acres of land on Charge (PFC) at Hector International Barnwell site in South Carolina. Airport, Fargo, ND Guntersville Reservoir, Marshall 7. Approval of revised Dispersed County, Alabama, Tract No. XTGR– Power Production Guidelines for TVA AGENCY: 173P. Federal Aviation and distributors of TVA Power. Administration (FAA), DOT. E4. Sale of a permanent easement to 8. Approval of a contract with Thomas Saint for a road access, affecting ACTION: Notice of intent to rule on American Coal Sales Company for coal application. approximately 0.06 acre of land on supply to Johnsonville Fossil Plant. Guntersville Dam Reservation in 9. Approval of contracts with L. E. SUMMARY: The FAA proposes to rule and Marshall County, Alabama, Tract No. Myers, Henkels and McCoy, and Dillard invites public comment on the XGR–758H. Smith for general construction/craft E5. Abandonment of certain application to impose and use the services related to the Transmission/ revenue from a PFC at Hector transmission line easement rights to Power Supply Group construction Southern Services of Tennessee LLC, International Airport under the program. provisions of the 49 U.S.C. 40117 and affecting approximately 9.3 acres, Tract 10. Approval of the sale of a 30-year Nos. KN–397 and KN–398, in exchange Part 158 of the Federal Aviation term easement and temporary Regulations (14 CFR part 158). for transmission line easement rights construction easement to Colonial DATES: affecting approximately 14.1 acres in Pipeline Company for the construction Comments must be received on Davidson County, Tennessee, Tract Nos. and operation of a refine petroleum or before December 3, 2003. 2KNR–3 and 2KNR–6. pipeline, affecting approximately 5.6 ADDRESSES: Comments on this E6. Modification of certain deed acres of TVA land in Bradley and application may be mailed or delivered restrictions to allow for fill and a McMinn Counties, Tennessee, Tract No. in triplicate to the FAA at the following portion of a house to remain on the XCR–704P address: Bismarck Airports District David W. and Gina M. Sakich property, 11. Approval to implement the results Office, 2301 University Drive, Building affecting 0.2 acre of former TVA land on of negotiations with the Office and 23B, Bismarck, North Dakota 58504. Chickamauga Reservoir in Hamilton Professional Employees International In addition, one copy of any County, Tennessee, Tract No. XCR–415, Union over compensation for comments submitted to the FAA must S.2X. employees. be mailed or delivered to Shawn E7. Consent to a land sale by the U.S. 12. Amendments to the Rules and Dobberstein, Executive Director, Hector Department of Agriculture, Forest Regulations of the TVA Retirement International Airport, at the following
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62341
address: P.O. Box 2845, Fargo, North required to collect PFCs: Air Taxi/ Seattle Airports District Office, SEA– Dakota 58108. Commercial Operators filing FAA Form ADO; Federal Aviation Administration; Air carriers and foreign air carriers 1800–31. 1601 Lind Avenue SW., Suite 250, may submit copies of written comments Any person may inspect the Renton, Washington 98055–4056. The previously provided to the Municipal application in person at the FAA office application may be reviewed in person Airport Authority of Fargo under listed above under FOR FURTHER at this same location. section 158.23 of Part 158. INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: The FAA FOR FURTHER INFORMATION CONTACT: In addition, any person may, upon proposes to rule and invites public Thomas T. Schauer, Program Manager, request, inspect the application, notice comment on the application 03–02–C– Bismarck Airports District Office, 2301 and other documents germane to the 00–LMT to impose and use PFC revenue University Drive, Building 23B, application in person at the Municipal at Klamath Falls Airport, under the Bismarck, North Dakota 58504, (701) Airport Authority of Fargo. provisions of 49 U.S.C. 40117 and Part 323–7380. The application may be Issued in Des Plaines, Illinois on October 158 of the Federal Aviation Regulations reviewed in person at this same 23, 2003. (14 CFR part 158). location. Laurie Suttmeier, On October 22, 2003, the FAA SUPPLEMENTARY INFORMATION: The FAA Acting Manager, Planning and Programming determined that the regulation to proposes to rule and invites public Branch, Airports Division, Great Lakes impose and use the revenue from a PFC Region. comment on the application to impose submitted by City of Klamath Falls, and use the revenue from a PFC at [FR Doc. 03–27508 Filed 10–31–03; 8:45 am] Klamath Falls Airport, Klamath Falls, Hector International Airport under the BILLING CODE 4910–13–M Oregon was substantially complete provisions of the 49 U.S.C. 40117 and within the requirements of section 158.25 of Part 158. The FAA will Part 158 of the Federal Aviation DEPARTMENT OF TRANSPORTATION Regulations (14 CFR part 158). approve or disapprove the application, in whole or in part, no later than On October 6, 2003, the FAA Federal Aviation Administration determined that the application to February 4, 2004. impose and use the revenue from a PFC Notice of Intent To Rule on Application The following is a brief overview of submitted by Municipal Airport 03–02–C–00–LMT To Impose and Use the application. Authority of Fargo was substantially the Revenue From a Passenger Facility Level of the proposed PFC: $4.50. Proposed charge effective date: complete within the requirements of Charge (PFC) at Klamath Falls Airport, August 1, 2004. section 158.25 of Part 158. The FAA Submitted by the City of Klamath Falls, Proposed charge expiration date: will approve or disapprove the Klamath Falls Airport, Klamath Falls, December 1, 2011. application, in whole or in part, no later OR Total requested for use approval: than January 7, 2004. $877,799. The following is a brief overview of AGENCY: Federal Aviation Brief description of proposed project: the application. Administration (FAA), DOT. Runway Safety Area Design and Proposed change effective date: July ACTION: Notice of intent to rule on Construction; Construct Northwest 1, 2004. application. Proposed change expiration date: Apron; Master Plan; Parking Expansion; SUMMARY: The FAA proposes to rule and June 1, 2017. Security Fencing; Security invites public comment on the Level of the proposed PFC: $4.50. Enhancement Equipment; Rehabilitation application to impose and use PFC Total estimated PFC revenue: of West Side Apron, including revenue at Klamath Falls Airport under $12,469,848. Associated Taxiway. Brief description of proposed projects: the provisions of 49 U.S.C. 40117 and Class or classes of air carriers which PFC Application, PFC Annual Audit, Part 158 of the Federal Aviation the public agency has requested not be Administration of PFC, Snow Removal Regulations (14 CFR 158). required to collect PFC’s: None. Equipment Front End Loaders, DATES: Comments must be received on Any person may inspect the Continuous Friction Measuring or before December 3, 2003. application in person at the FAA office Equipment, Runway Sweeper, Remove ADDRESSES: Comments on this listed above under FOR FURTHER Power Line Obstruction, Security Fence application may be mailed or delivered INFORMATION CONTACT and at the FAA Modifications, Storm Sewer in triplicate to the FAA at the following Regional Airports Office located at: Modifications/Rehabilitations, address: Mr. J. Wade Bryant, Manager, Federal Aviation Administration, Passenger Terminal Rehabilitation, Seattle Airports District Office, SEA– Northwest Mountain Region, Airports Rehabilitate Rotating Beacon Lower ADO; Federal Aviation Administration; Division, ANM–600, 1601 Lind Avenue Platform, Electrical Vault Modification, 1601 Lind Avenue SW., Suite 250, SW., Suite 315, Renton, WA 98055– Wildlife Hazard Assessment, Land Renton, Washington 98055–4056. 4056. Acquisition—Parcel 1, General Aviation In addition, one copy of any In addition, any person may, upon Apron, Taxiway A Storm Sewer, Air comments submitted to the FAA must request, inspect the application, notice Carrier Apron Rehabilitation, Runway be mailed or delivered to Mr. Harold and other documents germane to the 8/26 Extension, Access Control System Wight, Airport Director, at the following application in person at the Klamath Upgrade, Reconstruct Taxiway B and address: 6775 Arnold Avenue, Klamath Falls Airport. G2, Relocate Runway 31 Threshold, and Falls, Oregon 97603. Issued in Renton, Washington on October Construct G3, Remove and Replace Air Carriers and foreign air carriers 22, 2003. Security Fence along Taxiway A, and may submit copies of written comments Carolyn T. Read, Preliminary Engineering for the previously provided to Klamath Falls Acting Manager, Planning, Programming and Reconstruction of Runway 17/35, Airport, under section 158.23 of Part Capacity Branch, Northwest Mountain Reconstruction of Runway 17/35. 158. Region. Class or classes, of air carriers, which FOR FURTHER INFORMATION CONTACT: Ms. [FR Doc. 03–27510 Filed 10–31–03; 8:45 am] the public agency has requested, not be Suzanne Lee-Pang, (425) 227–2654, BILLING CODE 4910–13–M
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62342 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
DEPARTMENT OF TRANSPORTATION disapprove the application, in whole or intersection to the east in Polk County, in part, no later than January 22, 2004. Wisconsin is terminated. The original Federal Aviation Administration The following is a brief overview of Notice of Intent for this EIS process was the application. published in the Federal Register on Notice of Intent To Rule on Application Level of the proposed PFC: $4.50. May 14, 2002. (03–09–C–00–SLC) To Impose and Use Proposed charge effective date: FOR FURTHER INFORMATION CONTACT: the Revenue From a Passenger Facility August 1, 2006. Cheryl Martin, Environmental Engineer, Charge (PFC) at Salt Lake City Proposed charge expiration date: May Federal Highway Administration, International Airport, Submitted by the 31, 2007. Galtier Plaza, Suite 500, 380 Jackson Salt Lake City Department of Airports, Total requested for use approval: Street, St. Paul, Minnesota 55101, Salt Lake City, UT $25,459,000. Telephone (651) 291–6120; or Tod AGENCY: Federal Aviation Brief description of proposed projects: Sherman, Project Manager, Minnesota Administration (FAA), DOT. Concourse E improvements, Concourse Department of Transportation—Metro B remodel, Terminal Unit II east ACTION: Notice of intent to rule on Division, Waters Edge Building, 1500 application. expansion, Terminal Unit II outbound West County Road B–2, Roseville, baggage system, Terminal Unit I bag Minnesota 55113, Telephone (651) 582– SUMMARY: The FAA proposes to rule and claim expansion, airfield equipment, 1548; (651) 296–9930 TTY. invites public comment on the and glycol land application piping. SUPPLEMENTARY INFORMATION: The application to impose and use PFC Class or classes of air carriers which FHWA, in cooperation with the revenue at Salt Lake City International the public agency has requested not be Minnesota Department of Airport under the provisions of 49 required to collect PFC’s: All air taxi/ Transportation (Mn/DOT) and the U.S.C. 40117 and Part 158 of the Federal commercial operators filing or required Wisconsin Department of Aviation Regulations (14 CFR 158). to file FAA Form 1800–31. Transportation (Wis/DOT), has DATES: Comments must be received on Any person may inspect the terminated the EIS process begun in or before December 3, 2003. application in person at the FAA office 2002 to provide safety, operational and FOR FURTHER ADDRESSES: Comments on this listed above under capacity improvements to the TH 8 application may be mailed or delivered INFORMATION CONTACT and at the FAA Corridor from I–35 to the west in in triplicate to the FAA at the following Regional Airports Office located at: Chisago County, Minnesota to the address: Mr. Craig A. Sparks, Manager; Federal Aviation Administration, intersection of TH 8/Highway 35 to the Denver Airports District Office, DEN– Northwest Mountain Region, Airports east in Polk County, Wisconsin. The ADO, Federal Aviation Administration; Division, ANM–600, 1601 Lind Avenue original proposed project could have 26805 East 68th Avenue, Suite 224, SW, Suite 315, Renton, WA 98055– included capacity expansion on sections Denver, Colorado 80249. 4056. of TH 8, upgrading existing roadway In addition, one copy of any In addition, any person may, upon systems in the Corridor, providing comments submitted to the FAA must request, inspect the application, notice geometric/traffic control access be mailed or delivered to Mr. Timothy and other documents germane to the improvements along TH 8, and L. Campbell, Executive Director, at the application in person at Salt Lake City providing new roadway facilities following address: Salt Lake City International Airport. including some alternatives that utilize Department of Airports, 776 N. Issued in Renton, Washington on October the TH 243 bridge crossing over the St. Terminal Dr., TUI, Suite 250, Salt Lake 22, 2003. Croix River. City, Utah 84122. Carolyn T. Read, The ‘‘Trunk Highway 8 Scoping Air Carriers and foreign air carriers Acting Manager, Planning, Programming and Document/Draft Scoping Decision may submit copies of written comments Capacity Branch, Northwest Mountain Document’’ was published in September previously provided to Salt Lake City Region. 2002, and copies of the document were International Airport, under section [FR Doc. 03–27509 Filed 10–31–03; 8:45 am] distributed to agencies, interested 158.23 of Part 158. BILLING CODE 4910–13–M persons and libraries for review to aid FOR FURTHER INFORMATION CONTACT: Mr. in identifying issues and analyses to be Christopher J. Schaffer, (303) 342–1258, contained in the EIS. A 45-day comment 26805 East 68th Avenue, Suite 224, DEPARTMENT OF TRANSPORTATION period for review of the document was Denver, Colorado 80249, The provided to afford an opportunity for all application may be reviewed in person Federal Highway Administration interest persons, agencies and groups to at this same location. Environmental Impact Statement: comment on the proposed action. A SUPPLEMENTARY INFORMATION: The FAA Chisago County, MN and Polk County, public Scoping Meeting was also on proposes to rule and invites public WI October 21, 2002. Public notice was comment on the application 03–09–C– given for the time and place of the 00–SLC to impose and use PFC revenue AGENCY: Federal Highway meeting, and approximately 400 people at Salt Lake City International Airport, Administration (FHWA), DOT. were in attendance. under the provisions of 49 U.S.C. 40117 ACTION: Notice of intent to terminate As a result of the scoping process, and Part 158 of the Federal Aviation EIS. including agency and public comments, Regulations (14 CFR part 158). FHWA and Mn/DOT, in consultation On October 22, 2003, the FAA SUMMARY: The FHWA is issuing this with Wis/DOT, Chisago County, the TH determined that the application to notice to advise the public that the 8 Task Force and TH 8 Technical impose and use the revenue from a PFC Environmental Impact Statement (EIS) Advisory Committee, decided to submitted by the Salt Lake City process for proposed transportation eliminate alternatives that included Department of Airports, Salt Lake City, improvements in the Trunk Highway proposed transportation facilities on a Utah, was substantially complete within (TH) 8 corridor between Interstate 35 (I– new location from further consideration. the requirements of section 158.25 of 35) to the west in Chisago County, The proposed action has been modified Part 158. The FAA will approve or Minnesota and the TH 8/Highway 35 to include only transportation
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62343
improvements along the existing TH 8 ACTION: Notice of receipt of petition for safety standards based on destructive alignment. Therefore, the FHWA, in decision that nonconforming 2002–2004 test data or such other evidence as cooperation with Mn/DOT, will prepare Smart Car Passion, Pulse, and Pure NHTSA decides to be adequate. subsequent environmental documents, (coupe and cabriolet) passenger cars are Petitions for eligibility decisions may either at the Environmental Assessment eligible for importation. be submitted by either manufacturers or of Categorical Exclusion level for importers who have registered with projects that will provide safety, SUMMARY: This document announces NHTSA pursuant to 49 CFR part 592. As operational and capacity improvements receipt by the National Highway Traffic specified in 49 CFR 593.7, NHTSA to the TH 8 Corridor from I–35 to Safety Administration (NHTSA) of a publishes notice in the Federal Register Taylors Falls, Chisago County, petition for a decision that 2002–2004 of each petition that it receives, and Minnesota. The proposed improvements Smart Car Passion, Pulse, and Pure affords interested persons an could include capacity expansion on (coupe and cabriolet) passenger cars that opportunity to comment on the petition. sections of TH 8, and providing were not originally manufactured to At the close of the comment period, geometric/traffic control and access comply with all applicable Federal NHTSA decides, on the basis of the improvements along TH 8. Based on motor vehicle safety standards are petition and any comments that it has funding availability, the proposed eligible for importation into the United received, whether the vehicle is eligible improvements along the TH 8 Corridor States because they have safety features for importation. The agency then could occur in phases. The that comply with, or are capable of publishes this decision in the Federal environmental documents will define being altered to comply with, all such Register. and evaluate projects with independent standards. G&K Automotive Conversion, Inc. of utility. DATE: The closing date for comments on Santa Ana, California (‘‘G&K’’) Coordination has been initiated and the petition is December 3, 2003. (Registered Importer 90–007) has will continue with appropriate Federal, ADDRESS: Comments should refer to the petitioned NHTSA to decide whether State and local agencies and private docket number and notice number, and nonconforming 2002–2004 Smart Car organizations and citizens who have be submitted to: Docket Management, Passion, Pulse, and Pure (coupe and previously expressed or are known to Room PL–401, 400 Seventh St., SW., cabriolet) passenger cars are eligible for have an interest in the proposed action. Washington, DC 20590 (docket hours importation into the United States. Public meetings have been held in the are from 9 a.m. to 5 p.m.). Anyone is Another registered importer, J.K. past and will continue to be held, with able to search the electronic form of all Technologies, LLC of Baltimore, public notice given for the time and comments received into any of our Maryland (‘‘J.K.’’) (Registered Importer place of the meetings. To ensure that the dockets by the name of the individual 90–006), previously petitioned NHTSA full range of issues related to this submitting the comment (or signing the to decide whether 2003–2004 Micro Car proposed action are addressed and all comment, if submitted on behalf of an Company Smart Passion (glass top and issues identified, comments and association, business, labor union, etc.). convertible) passenger cars are eligible suggestions are invited from all You may review DOT’s complete for importation. NHTSA published interested parties. Comments or Privacy Act Statement in the Federal notice of J.K.’s petition on June 20, 2003 questions concerning this proposed Register published on April 11, 2000 at 68 FR 37040. The comment period on action and the need for an EIS should (Volume 65, Number 70; Pages 19477– that petition has closed and the agency be directed to the FHWA at the address 78) or you may visit http://dms.dot.gov. is in the process of deciding whether to provided above. FOR FURTHER INFORMATION CONTACT: grant the petition. If the agency grants (Catalog of Federal Domestic Assistance Coleman Sachs, Office of Vehicle Safety J.K.’s petition, there will be no need for Program Number 20.205, Highway Planning Compliance, NHTSA (202–366–3151). it to take action on G&K’s petition and Construction. The regulations SUPPLEMENTARY INFORMATION: insofar as it seeks import eligibility for implementing Executive Order 12372 2003–2004 Smart Car Passion (coupe regarding intergovernmental consultation on Background Federal programs and activities apply to this and cabriolet) passenger cars, as those program.) Under 49 U.S.C. 30141(a)(1)(A), a are the same vehicles as the ones motor vehicle that was not originally covered by J.K.’s petition. If the agency Issued on: October 21, 2003. manufactured to conform to all decides to deny J.K.’s petition, it will Stanley M. Graczyk, applicable Federal motor vehicle safety again determine whether those vehicles Project Development Engineer, Federal standards shall be refused admission are eligible for importation in its Highway Administration, St. Paul, Minnesota. into the United States unless NHTSA consideration of G&K’s petition. As part [FR Doc. 03–27595 Filed 10–31–03; 8:45 am] has decided that the motor vehicle is of that consideration, the agency will BILLING CODE 4910–22–M substantially similar to a motor vehicle also address, for the first time, the originally manufactured for importation import eligibility of 2002 Passion, Pulse, and Pure model Smart Cars, and 2003– DEPARTMENT OF TRANSPORTATION into and sale in the United States, certified under 49 U.S.C. 30115, and of 2004 Pulse and Pure model Smart Cars, National Highway Traffic Safety the same model year as the model of the since those vehicles were not included Administration motor vehicle to be compared, and is in J.K.’s petition. capable of being readily altered to G&K contends that nonconforming [Docket No. NHTSA–2003–16401] conform to all applicable Federal motor 2002–2004 Smart Car Passion, Pulse, Notice of Receipt of Petition for vehicle safety standards. Where there is and Pure (coupe and cabriolet) Decision That Nonconforming 2002– no substantially similar U.S.-certified passenger cars are eligible for 2004 Smart Car Passion, Pulse, and motor vehicle, 49 U.S.C. 30141(a)(1)(B) importation under 49 U.S.C. Pure (Coupe and Cabriolet) Passenger permits a nonconforming motor vehicle 30141(a)(1)(B) because they have safety Cars Are Eligible for Importation to be admitted into the United States if features that comply with, or are its safety features comply with, or are capable of being altered to comply with, AGENCY: National Highway Traffic capable of being altered to comply with, all applicable Federal motor vehicle Safety Administration, DOT. all applicable Federal motor vehicle safety standards.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62344 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Specifically, the petitioner claims that confidentiality with respect to these these modifications and the testing 2002–2004 Smart Car Passion, Pulse, modifications and the testing conducted conducted to demonstrate that the and Pure (coupe and cabriolet) to demonstrate that the vehicles would vehicles would meet this standard with passenger cars have safety features that meet this standard with these these modifications performed. comply with Standard Nos. 103 modifications performed. Standard No. 209 Seat Belt Defrosting and Defogging Systems Standard No. 110 Tire Selection and Assemblies: Modification of the seat belt (based on testing for which G&K is Rims: Installation of a tire information systems to meet this standard. The claiming confidentiality), 104 placard. petition does not describe these Windshield Wiping and Washing Standard No. 111 Rearview Mirror: modifications. G&K is claiming Systems (based on testing for which Inscription of the required warning confidentiality with respect to these G&K is claiming confidentiality), 106 statement on the face of the passenger modifications. Brake Hoses (based on the equipment side rearview mirror. Standard No. 214 Side Impact manufacturer’s certification), 109 New Standard No. 114 Theft Protection: Protection: Modification of the vehicles Pneumatic Tires (based on the presence Modification of the key locking system through the installation of components of required certification markings), 116 to meet this standard. The petition does available only from G&K. The petition Brake Fluid (based on the presence of not describe these modifications. G&K is does not describe these modifications. required markings), 118 Power Window claiming confidentiality with respect to G&K is claiming confidentiality with Systems (based on observation of the these modifications. respect to these modifications and the system’s operation), 124 Accelerator Standard No. 135 Passenger Car Brake static and dynamic testing conducted to Control Systems (based on observation Systems: Modification of the hydraulic demonstrate that the vehicles would of the system’s operation), 202 Head brake system and the parking brake meet this standard with these Restraints (based on testing for which system through the installation of modifications performed. G&K is claiming confidentiality), 205 components available only from G&K. Standard No. 216 Roof Crush Glazing Materials (based on the The petition does not describe these Resistance: Modification of the vehicles presence of required certification modifications. G&K is claiming to meet this standard. The petition does markings), 207 Seating Systems (based confidentiality with respect to these not describe these modifications. G&K is on testing for which G&K is claiming modifications and the testing conducted claiming confidentiality with respect to confidentiality), 210 Seat Belt Assembly to demonstrate that the vehicles would these modifications and the testing Anchorages (based on testing for which meet this standard with these conducted to demonstrate that the G&K is claiming confidentiality), 212 modifications performed. vehicles would meet this standard with Windshield Retention (based on testing Standard No. 201 Occupant these modifications performed. for which G&K is claiming Protection in Interior Impact: Standard No. 225 Child Restraint confidentiality), and 219 Windshield Replacement of interior components Anchorage Systems: Installation of a Zone Intrusion (based on testing for with components fabricated by, and U.S.-model tether anchorage behind the which G&K is claiming confidentiality). available only through, G&K. The passenger seat on coupe models. Petitioner further contends that the petition does not describe these Standard No. 301 Fuel System vehicles are capable of being altered to components or their manner of Integrity: Modification of the vehicles’ meet the following standards, in the installation. G&K is claiming fuel system through the installation of manner indicated: confidentiality with respect to these components available only from G&K. Standard No. 101 Controls and modifications and the testing conducted The petition does not describe these Displays: (a) Inscription of the word to demonstrate that the vehicles would modifications. G&K is claiming ‘‘Brake’’ and a seat belt warning symbol meet this standard with these confidentiality with respect to these on the dash; (b) modification of the modifications performed. modifications and the testing conducted speedometer to read in miles per hour. Standard No. 204 Steering Control to demonstrate that the vehicles would The petitioner states that the controls Displacement: Modification of the meet this standard with these and displays are visible and accessible vehicles to meet the standard. The modifications performed. to the driver while restrained by a lap petition does not describe these Standard No. 302 Flammability of and shoulder belt, that controls for the modifications. G&K is claiming Interior Materials: Treatment of interior headlamps, the windshield defrosting confidentiality with respect to these materials and components covered by and defogging system, and the modifications and the testing conducted the standard with material available windshield wiping system and panel are to demonstrate that the vehicles would only from G&K. G&K is claiming all identified, and that all required meet this standard with these confidentiality with respect to these controls are illuminated. modifications performed. modifications and the testing conducted Standard No. 102 Transmission Shift Standard No. 206 Door Locks and to demonstrate that the vehicles would Lever Sequence: Modification of the Door Retention Components: meet this standard with these shift lever markings, the shift pattern, Modification of the door locks and door modifications performed. the starter interlock, and the automatic retention components to meet the The petitioner states that a vehicle transmission braking effect to achieve standard. The petition does not describe identification number plate must be compliance with this standard. The these modifications. G&K is claiming affixed to the vehicles near the left petition does not describe these confidentiality with respect to these windshield post and a reference and modifications. G&K is claiming modifications and the testing conducted certification label must be affixed in the confidentiality with respect to these to demonstrate that the vehicle would area of the left front door post to meet modifications. meet this standard with these the requirements of 49 CFR part 565. Standard No. 108 Lamps, Reflective modifications performed. The petitioner further states that a Devices and Associated Equipment: (a) Standard No. 208 Occupant Crash certification label must be affixed to the Modification of the headlamp to meet Protection: Modification of the vehicles driver’s door jamb to meet the the standard; (b) installation of side to meet this standard. The petition does requirements of 49 CFR part 567. markers. The petition does not describe not describe these modifications. G&K is Additionally, the petitioner states that these modifications. G&K is claiming claiming confidentiality with respect to 2002–2004 Smart Car Passion, Pulse,
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62345
and Pure (coupe and cabriolet) were not originally manufactured to publishes this decision in the Federal passenger cars must be modified comply with all applicable Federal Register. through the installation of components motor vehicle safety standards are Sunshine Car Import of Cape Coral, available only from G&K to comply with eligible for importation into the United Florida (‘‘Sunshine’’) (Registered the Bumper Standard found in 49 CFR States because (1) they are substantially Importer 01–289) has petitioned NHTSA part 581. The petition does not describe similar to vehicles that were originally to decide whether 2002 Nissan these modifications. G&K is claiming manufactured for importation into and Pathfinder 4 wheel drive MPVs are confidentiality with respect to these sale in the United States and that were eligible for importation into the United modifications and the testing conducted certified by their manufacturer as States. The vehicles that Sunshine to demonstrate that the vehicles would complying with the safety standards, believes are substantially similar are meet this standard with these and (2) they are capable of being readily 2002 Nissan Pathfinder 4 wheel drive modifications performed. altered to conform to the standards. MPVs that were manufactured for importation into, and sale in, the United Interested persons are invited to DATE: The closing date for comments on States and certified by their submit comments on the petition the petition is December 3, 2003. described above. Comments should refer manufacturer as conforming to all ADDRESS: to the docket number and be submitted Comments should refer to the applicable Federal motor vehicle safety to: Docket Management, Room PL–401, docket number and notice number, and standards. 400 Seventh St., SW., Washington, DC be submitted to: Docket Management, The petitioner claims that it carefully 20590 (docket hours are from 9 a.m. to Room PL–401, 400 Seventh St., SW., compared non-U.S. certified 2002 5 p.m.). It is requested but not required Washington, DC 20590 (docket hours Nissan Pathfinder 4 wheel drive MPVs that 10 copies be submitted. are from 9 a.m. to 5 p.m.). Anyone is to their U.S.-certified counterparts, and All comments received before the able to search the electronic form of all found the vehicles to be substantially close of business on the closing date comments received into any of our similar with respect to compliance with indicated above will be considered, and dockets by the name of the individual most Federal motor vehicle safety will be available for examination in the submitting the comment (or signing the standards. Sunshine submitted information with docket at the above address both before comment, if submitted on behalf of an its petition intended to demonstrate that and after that date. To the extent association, business, labor union, etc.). non-U.S. certified 2002 Nissan possible, comments filed after the You may review DOT’s complete Pathfinder 4 wheel drive MPVs, as closing date will also be considered. Privacy Act Statement in the Federal originally manufactured, conform to Notice of final action on the petition Register published on April 11, 2000 many Federal motor vehicle safety will be published in the Federal (Volume 65, Number 70; Pages 19477– standards in the same manner as their Register pursuant to the authority 78) or you may visit http://dms.dot.gov. U.S. certified counterparts, or are indicated below. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety capable of being readily altered to Authority: 49 U.S.C. 30141(a)(1)(B) and Compliance, NHTSA, 202–366–3151. conform to those standards. (b)(1); 49 CFR 593.8; delegations of authority Specifically, the petitioner claims that at 49 CFR 1.50 and 501.8. SUPPLEMENTARY INFORMATION: non-U.S. certified 2002 Nissan Issued on: October 28, 2003. Background Pathfinder 4 wheel drive MPVs are Kenneth N. Weinstein, identical to their U.S. certified Under 49 U.S.C. 30141(a)(1)(A), a Associate Administrator for Enforcement. counterparts with respect to compliance motor vehicle that was not originally [FR Doc. 03–27504 Filed 10–31–03; 8:45 am] with Standard Nos. 102 Transmission manufactured to conform to all Shift Lever Sequence, 103 Defrosting BILLING CODE 4910–59–P applicable Federal motor vehicle safety and Defogging Systems, 104 standards shall be refused admission Windshield Wiping and Washing into the United States unless NHTSA DEPARTMENT OF TRANSPORTATION Systems, 106 Brake Hoses, 109 New has decided that the motor vehicle is Pneumatic Tires, 113 Hood Latch National Highway Traffic Safety substantially similar to a motor vehicle Systems, 116 Brake Fluid, 124 Administration of the same model year that was Accelerator Control Systems, 135 originally manufactured for importation Passenger Car Brake Systems, 201 [Docket No. NHTSA–2003–16402] into and sale in the United States and Occupant Protection in Interior Impact, certified under 49 U.S.C. 30115, and Notice of Receipt of Petition for 202 Head Restraints, 204 Steering that the vehicle is capable of being Decision That Nonconforming 2002 Control Rearward Displacement, 205 readily altered to conform to all Nissan Pathfinder 4 Wheel Drive Glazing Materials, 206 Door Locks and applicable Federal motor vehicle safety Multipurpose Passenger Vehicles Are Door Retention Components, 207 standards. Eligible for Importation Seating Systems, 209 Seat Belt Petitions for eligibility decisions may Assemblies, 210 Seat Belt Assembly AGENCY: National Highway Traffic be submitted by either manufacturers or Anchorages, 212 Windshield Safety Administration, DOT. importers who have registered with Retention, 216 Roof Crush Resistance, ACTION: Notice of receipt of petition for NHTSA pursuant to 49 CFR part 592. As 219 Windshield Zone Intrusion, and decision that nonconforming 2002 specified in 49 CFR 593.7, NHTSA 302 Flammability of Interior Materials. Nissan Pathfinder 4 wheel drive publishes notice in the Federal Register Petitioner states that the vehicles are multipurpose passenger vehicles of each petition that it receives, and equipped with anti-theft devices that (MPVs) are eligible for importation. affords interested persons an exempt them from the parts marking opportunity to comment on the petition. requirements of the Theft Prevention SUMMARY: This document announces At the close of the comment period, Standard found in 49 CFR part 541. receipt by the National Highway Traffic NHTSA decides, on the basis of the Petitioner also contends that the Safety Administration (NHTSA) of a petition and any comments that it has vehicles are capable of being readily petition for a decision that 2002 Nissan received, whether the vehicle is eligible altered to meet the following standards, Pathfinder 4 wheel drive MPVs that for importation. The agency then in the manner indicated:
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62346 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
Standard No. 101 Controls and will be installed on any vehicles that are level of safety is at least equal to that of Displays: (a) Substitution of the word not already so equipped. a non-exempted vehicle. ‘‘Brake’’ for the ECE warning symbol as In addition, the petitioner states that Notice of receipt of the application a marking for the brake failure indicator a vehicle identification number (VIN) was published on July 22, 2003, and an lamp; (b) replacement or conversion of plate must be affixed to the vehicles so opportunity afforded for comment (68 the speedometer to read in miles per that it is readable from outside the FR 43419). hour. driver’s windshield pillar, and a Standard No. 108 Lamps, Reflective reference and certification label must be The Motor Vehicle for Which a Devices and Associated Equipment: affixed to the edge of the driver’s side Temporary Exemption Is Sought Inspection of all vehicles and door or to the latch post nearest the Ford is the manufacturer of the replacement of noncompliant lighting driver to meet the requirements of 49 Lincoln Town Car. It plans to make this system components with U.S-model CFR Part 565. model available in a ‘‘Ballistic parts on vehicles that are not already so Lastly, the petitioner states that a Protection Series (BPS).’’ The Town Car equipped. certification label will be affixed to the BPS will be equipped with a windshield Standard No. 110 Tire Selection and driver’s side doorjamb to meet the that is 40.68 mm thick, as contrasted Rims: Installation of a tire information requirements of the vehicle certification with the standard Town Car’s placard. regulations in 49 CFR part 567. windshield of 4.9 mm thickness. The Standard No. 111 Rearview Mirror: Interested persons are invited to company related that ‘‘this thickness Inscription of the required warning submit comments on the petition and the associated heat transfer statement on the face of the passenger described above. Comments should refer properties are engineered to provide side rearview mirror. to the docket number and be submitted protection from impacts by certain rifle Standard No. 114 Theft Protection: to: Docket Management, Room PL–401, rounds * * *.’’ Ford does not envision Installation of a key warning buzzer, or 400 Seventh St., SW., Washington, DC producing more than 300 Town Car BPS reprogramming of the key lock system 20590 (docket hours are from 9 a.m. to Series in any calendar year. with U.S.-version software information 5 p.m.). It is requested but not required to achieve compliance with the that 10 copies be submitted. How the Town Car BPS Fails To standard. All comments received before the Comply With FMVSS No. 103 Standard No. 118 Power Window close of business on the closing date Paragraph S4.2 of FMVSS No. 103 Systems: Inspection of all vehicles and indicated above will be considered, and establishes defrosting requirements for installation, on vehicles that are not will be available for examination in the passenger car windshields. Ford related already so equipped, of a relay that will docket at the above address both before that ‘‘At this time clearance of the prevent the window transport from and after that date. To the extent windshield in the time required under operating when the ignition is in the possible, comments filed after the FMVSS 103 S4.2 can only be met with ‘‘off’’ position. closing date will also be considered. the usage of the washer fluid.’’ It is also Standard No. 208 Occupant Crash Notice of final action on the petition necessary to use the windshield wipers Protection: (a) Installation of a seat belt will be published in the Federal in conjunction with washer fluid in warning buzzer, wired to the seat belt Register pursuant to the authority order to clear the windshield.1 micro switch; (b) inspection of all indicated below. Arguments Presented by Ford vehicles and installation of U.S.-model Authority: 49 U.S.C. 30141(a)(1)(A) and seat belts, driver’s and passenger’s air Demonstrating That the Town Car BPS (b)(1); 49 CFR 593.8; delegations of authority Provides an Overall Level of Safety at bags, knee bolsters, control unit, and at 49 CFR 1.50 and 501.8. Least Equal to a Non-Exempted Motor sensors on vehicles that are not already Issued on: October 8, 2003. so equipped. The petitioner states that Vehicle Kenneth N. Weinstein, the vehicles should be equipped with Associate Administrator for Enforcement. To maximize the defroster combination lap and shoulder belts at performance, the special windshield of [FR Doc. 03–27505 Filed 10–31–03; 8:45 am] the front and rear outboard seating the BPS is equipped with an embedded positions that are self-tensioning and BILLING CODE 4910–59–P electrical grid. Ford’s laboratory tests released by means of a single red push show that the windshield can, in fact, be button, and with a lap belt in the rear DEPARTMENT OF TRANSPORTATION cleared within the time required by S4.2 center seating position. ‘‘by using both the defroster (including Standard No. 214 Side Impact National Highway Traffic Safety the hot air system and the embedded Protection: Inspection of all vehicles Administration electrical grid in the windshield) and and installation of U.S.-model door the windshield washer system.’’ Ford beams on vehicles that are not already conducted a test on March 19, 2003, and [Docket No. NHTSA–03–15687; Notice 2] so equipped. reported use of the solvent and the Standard No. 225 Child Restraint Ford Motor Company; Grant of defroster cleared 100% of Zones A and Anchorage Systems: Installation of U.S.- Application for Temporary Exemption C in 20 minutes. It advised that ‘‘The model tether anchorages. From Federal Motor Vehicle Safety information provided with the vehicle Standard No. 301 Fuel System Standard No. 103 will advise the vehicle operator to use Integrity: Inspection of all vehicles and the combined approach in defrosting the replacement of the filler neck (including We are granting the application by windshield.’’ However, Ford anticipates restrictor) and the filler cap with U.S.- Ford Motor Company (‘‘Ford’’) of that these special purpose vehicles are model components on vehicles that are Dearborn, Michigan, for a temporary more likely to be garaged than parked in not already so equipped. exemption from Motor Vehicle Safety the open, and that the need to operate Petitioner states that all vehicles must Standard (FMVSS) No. 103, Defrosting the defroster system will be minimal. be inspected for compliance with the and Defogging Systems. Ford asserted Bumper Standard found in 49 CFR part that compliance would prevent it from 1 This is permissible under S4.3(d) of FMVSS No. 581, and that U.S.-model components selling a motor vehicle whose overall 103.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62347
Arguments Presented by Ford as to overnight. Considering Ford’s argument argument that an exemption would be Why a Temporary Exemption Would Be that the special-purpose BPS is likely to in the public interest. in the Public Interest and Consistent be garaged rather than parked in the In consideration of the foregoing, we With Objectives of Motor Vehicle Safety open, the likelihood of frost formation hereby find that to require compliance with S4.2 of Standard No. 103 would The windshield of the Lincoln Town on the BPS windshield is less than that on the windshield of a car that is not prevent the applicant from selling a Car BPS differs from those of armored parked overnight in a garage. motor vehicle whose overall level of vehicles produced by other Section 4.2 of FMVSS No. 103 safety is at least equal to that of a non- manufacturers in that it will provide ‘‘a requires that certain windshield areas be exempted vehicle, and that a temporary bullet resistant environment against rifle defrosted in a compliance test, as set exemption is in the public interest and level threats,’’ as contrasted with forth in SAE Recommended Practice consistent with objectives of motor ‘‘handgun level’’ threats. According to J902, ‘‘Passenger Car Windshield vehicle safety. Accordingly, Ford Motor Ford, ‘‘Customers, including certain Defrosting Systems,’’ August 1964, Company is hereby granted NHTSA agencies of the U.S. Government, have incorporated by reference. They are Temporary Exemption No. EX 03–3 expressed a need for vehicles with this called the ‘‘critical area’’ and ‘‘entire from Paragraph S4.2 of 49 CFR 571.103, level of protection for vehicle windshield.’’ Paragraph S4.2 of Standard No. 103, ‘‘Windshield occupants.’’ Ford argued that its product Standard No. 103 defines ‘‘critical area’’ Defrosting and Defogging Systems.’’ The will enhance the safety ‘‘for those as Area C and ‘‘entire windshield’’ as exemption covers only the Lincoln individuals that are either government Area A. After 20 minutes of the test, Town Car Ballistic Protection Series officials or certain other high profile conducted with the defroster system (BPS) and expires on September 1, 2005. individuals that are at a higher level of ‘‘on full’’ and the blower ‘‘on high,’’ risk for terrorist attacks or assassination Authority: 49 U.S.C. 30113; delegation of Area C must be at least 80 percent authority at 49 CFR 1.50. attempts.’’ Orders have already been defrosted and, after 40 minutes, the Issued on: October 28, 2003. placed by the General Services ‘‘entire windshield’’ shall be at least 95 Administration (GSA) on behalf of two percent defrosted. Ford has not Jeffrey W. Runge, government entities. To emphasize the quantified the extent of its Administrator. minimal nature of the noncompliance, noncompliance using the defroster [FR Doc. 03–27506 Filed 10–31–03; 8:45 am] Ford enclosed a copy of its test report system alone. However, both Area C and BILLING CODE 4910–59–P indicating passage of S4.2 using washer Area A on the BPS windshield are 100% fluid, which has been placed in the defrosted in 20 minutes with the docket. assistance of the windshield washer DEPARTMENT OF TRANSPORTATION Public Comment Received system. The petition indicates that Surface Transportation Board solvent was not applied for the full 20 We received one anonymous minutes, which would raise the [STB Finance Docket No. 34417] comment which recommended that the question of capacity of the washer petition be denied. In the commenter’s system, but only for a limited period. Union Pacific Railroad Company— view, if the petition is granted, the Ford’s Engineering Test Report noted Trackage Rights Exemption—The commenter should also be allowed to that a ‘‘Breakthrough occurred at 12 Burlington Northern and Santa Fe drive a nonconforming (imported) minutes and 15 seconds, 15 seconds Railway Company vehicle whose overall level of safety is after washer solvent was squirted.’’ The Burlington Northern and Santa Fe at least equal to that of a nonexempted Although Ford did not present these test Railway Company (BNSF), pursuant to vehicle. The comment did not address results specifically as a safety equivalent a written trackage rights agreement the merits of the petition and we have argument, we note that use of the entered into between BNSF and Union not considered it relevant in our washer system simultaneously with the Pacific Railroad Company (UP), has decision to grant Ford’s request. defroster system not only resulted in agreed to grant local trackage rights to Our Findings in Granting Ford’s compliance with the minimum UP over a BNSF line of railroad between Application performance requirements of Standard BNSF milepost 114.5 and BNSF No. 103 but also resulted in a quicker milepost 117.0 near Endicott, NE, a Ford has requested a temporary clearance of the windshield than the distance of approximately 2.5-miles.1 exemption from a Federal motor vehicle standard requires. In short, an overall Although UP indicates that the safety standard that is intended to assist level of safety that may be considered at transaction was scheduled to be a vehicle operator in avoiding a crash. least equal to that of a nonexempted consummated on October 20, 2003, the Therefore, it is especially important that motor vehicle. earliest the transaction could be we consider the possible effect on safety Ford’s public interest argument is that of such an exemption. the level of protection provided by the 1 UP submits that the trackage rights are only Standard No. 103 is, in effect, a de- Town Car BPS is one that is needed for temporary rights, but, because they are ‘‘local’’ icing standard rather than a defrosting the protection of government or high rather than ‘‘overhead’’ rights, the do not qualify for standard. To provide more uniform and profile individuals who are potential the Board’s new class exemption for temporary trackage rights at 49 CFR 1180.2(d)(8). See Railroad repeatable test results, the SAE specifies targets for terrorist attacks or Consolidation Procedures—Exemption for that a coating of ice be applied to the assassination attempts. We concur and Temporary Trackage Rights, STB Ex Parte No. 282 windshield before the test begins. The note that the vehicle will afford the (Sub-No. 20) (STB served May 23, 2003). Therefore, SAE notes (Paragraph 1, SAE same protection to the driver as it does UP and BNSF concurrently have filed a petition for partial revocation of this exemption in STB Finance Recommended Practice J902a to the passenger. It is critical to safety Docket No. 34417 (Sub-No. 1), Union Pacific ‘‘Passenger Car Windshield Defrosting that the operator of a vehicle under Railroad Company—Trackage Rights Exemption— Systems,’’ March 1967) that ‘‘The time attack, which may be speeding to avoid The Burlington Northern and Santa Fe Railway element for ice removal, therefore, is danger, be uninjured and in control of Company, wherein UP and BNSF request that the Board permit the proposed local trackage rights longer than that required to remove the vehicle. The fact that the GSA has arrangement described in the present proceeding to frost, which is the prime purpose of the ordered BPS vehicles on behalf of two expire on October 15, 2004. That petition will be defroster system.’’ Frost generally forms U.S. government agencies enhances the addressed by the Board in a separate decision.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62348 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
consummated was October 21, 2003 (7 the Form 1199A ‘‘Direct Deposit Sign- maintenance and purchase of services to days after the filing of the notice). Up Form.’’ provide information. The purpose of the trackage rights is DATES: Written comments should be Bettsy H. Lane, to permit UP to serve the shipper at received on or before January 2, 2004. Endicott until BNSF’s trackage can be Assistant Commissioner, Federal Finance. repaired or other arrangements can be ADDRESSES: Direct all written comments [FR Doc. 03–27516 Filed 10–31–03; 8:45 am] made for continued rail service to this to Financial Management Service, 3700 BILLING CODE 4810–35–M shipper, following severe washouts on East West Highway, Records and BNSF’s line in this area. Information Management Program Staff, DEPARTMENT OF THE TREASURY As a condition to this exemption, any Room 135, Hyattsville, Maryland 20782. employees affected by the trackage FOR FURTHER INFORMATION CONTACT: Fiscal Service rights will be protected by the Requests for additional information conditions imposed in Norfolk and should be directed to Susan Alvarez, Financial Management Service; Western Ry. Co.—Trackage Rights—BN, Room 304–D, 401 14th Street, SW., Proposed Collection of Information: 354 I.C.C. 605 (1978), as modified in Washington, DC 20227, (202) 874–6908. Claim Against the United States for the Mendocino Coast Ry., Inc.-Lease and Proceeds of a Government Check SUPPLEMENTARY INFORMATION: Pursuant Operate, 360 I.C.C. 653 (1980). to the Paperwork Reduction Act of 1995, AGENCY: This notice is filed under 49 CFR Financial Management Service, (44 U.S.C. 3506(c)(2)(A)), the Financial Fiscal Service, Treasury. 1180.2(d)(7). If it contains false or Management Service Solicits comments misleading information, the exemption ACTION: Notice and request for on the collection of information comments. is void ab initio. Petitions to revoke the described below. exemption under 49 U.S.C. 10502(d) SUMMARY: The Financial Management may be filed at any time. The filing of Title: Direct Deposit Sign-Up Form. OMB Number: 1510–0007. Service, as part of its continuing effort a petition to revoke will not to reduce paperwork and respondent automatically stay the transaction. Form Number: 1199A. burden, invites the general public and An original and 10 copies of all Abstract: This form is used by other Federal agencies to take this pleadings, referring to STB Finance recipients to authorize the deposit of opportunity to comment on a Docket No. 34417 must be filed with the Federal payments into their accounts at continuing information collection. by Surface Transportation Board, 1925 K financial institutions. The information this notice, the Financial Management Street, NW., Washington, DC 20423– on the form routes the direct deposit Service solicits comments concerning 0001. In addition, one copy of each payment to the correct account at the the Form FMS–1133 ‘‘Claim Against the pleading must be served on Robert T. financial institution. United States for the Proceeds of a Opal, 1416 Dodge Street, Room 830, Current Actions: Extension of Government Check.’’ Omaha, NE 68179. currently approved collection. DATES: Written comments should be Board decisions and notices are Type of Review: Regular. received on or before January 2, 2004. available on our Web site at http:// ADDRESSES: Direct all written comments www.stb.dot.gov. Affected Public: Individuals or households, Business or other for-profit, to Financial Management Service, 3700 Decided: October 24, 2003. Federal Government. East West Highway, Records and By the Board, David M. Konschnik, Estimated Number of Respondents: Information Management Program Staff, Director, Office of Proceedings. 604,000. Room 135, Hyattsville, Maryland 20782. Vernon A. Williams, Estimated Time Per Respondent: 10 FOR FURTHER INFORMATION CONTACT: Secretary. minutes. Requests for additional information should be directed to Dawn Johns, [FR Doc. 03–27357 Filed 10–31–03; 8:45 am] Estimated Total Annual Burden BILLING CODE 4915–00–P Manager, Check Claims Branch, Room Hours: 102,680. 831D, 3700 East West Highway, Comments: Comments submitted in Hyattsville, Maryland 20782, (202) 874– response to this notice will be 8445. DEPARTMENT OF THE TREASURY summarized and/or included in the SUPPLEMENTARY INFORMATION: Pursuant request for Office of Management and Fiscal Service to the Paperwork Reduction Act of 1995, Budget approval. All comments will (44 U.S.C. 3506(c)(2)(A)), the Financial Financial Management Service; become a matter of public record. Management Service solicits comments Proposed Collection of Information: Comments are invited on: (a) Whether on the collection of information Direct Deposit Sign-Up Form the collection of information is described below. necessary for the proper performance of Title: Claim Against the United States AGENCY: Financial Management Service, the functions of the agency, including for the Proceeds of a Government Check. Fiscal Service, Treasury. whether the information shall have OMB Number: 1510–0019. ACTION: Notice and request for practical utility; (b) the accuracy of the Form Number: FMS–1133. comments. agency’s estimate of the burden of the Abstract: This form is used to collect collection of information; (c) ways to information needed to process an SUMMARY: The Financial Management enhance the quality, utility, and clarity individual’s claim for non-receipt of Service, as part of its continuing effort of the information to be collected; (d) proceeds from a government check. to reduce paperwork and respondent ways to minimize the burden of the Once the information is analyzed, a burden, invites the general public and collection of information on determination is made and a other Federal agencies to take this respondents, including through the use recommendation is submitted to the opportunity to comment on a of automated collection techniques or program agency to either settle or deny continuing information collection. By other forms of information technology; the claim. this notice, the Financial Management and (e) estimates of capital or start-up Current Actions: Extension of Service solicits comments concerning costs and costs of operation, currently approved collection.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices 62349
Type of Review: Regular. paperwork and respondent burden, index on the OTS Internet Site at http:/ Affected Public: Individuals or invite the general public and other /www.ots.treas.gov. In addition, households . Federal agencies to comment on the interested persons may inspect Estimated Number of Respondents: proposed extension, without revision, of comments at the Public Reading Room, 53,895. their continuing information 1700 G Street, NW., by appointment. To Estimated Time Per Respondent: 19 collections, as required by the make an appointment, call (202) 906– minutes. Paperwork Reduction Act of 1995. The 5922, send an e-mail to Estimated Total Annual Burden Agencies may not conduct or sponsor, [email protected], or send a Hours: 10,229. and a respondent is not required to facsimile transmission to (202) 906– Comments: Comments submitted in respond to, an information collection 7755. response to this notice will be unless it displays a currently valid OMB Desk Officer for the Agencies: summarized and/or included in the Office of Management and Budget Joseph F. Lackey, Jr., Office of request for Office of Management and (OMB) control number. Currently, the Information and Regulatory Affairs, Budget approval. All comments will Agencies are soliciting comment Office of Management and Budget, New become a matter of public record. concerning the proposed extension, Executive Office Building, Room 10235, Comments are invited on: (a) Whether without change, of OMB approval of the Washington, DC 20503, or e-mail to the collection of information is information collections contained in the [email protected]. necessary for the proper performance of information collection titled, FOR FURTHER INFORMATION CONTACT: the functions of the agency, including You ‘‘Interagency Guidance on Asset may request additional information whether the information shall have Securitization Activities.’’ practical utility; (b) the accuracy of the from: DATES: Comments should be submitted OCC: Jessie B. Dunaway, OCC agency’s estimate of the burden of the by January 2, 2004. Clearance Officer, (202) 874–5090, collection of information; (c) ways to Legislative and Regulatory Activities enhance the quality, utility, and clarity ADDRESSES: Comments should be Division, Office of the Comptroller of of the information to be collected; (d) directed to the Agencies and the OMB the Currency, 250 E Street, SW., ways to minimize the burden of the Desk Officer for the Agencies as follows: Washington, DC 20219. collection of information on OCC: Office of the Comptroller of the FDIC: Steven F. Hanft, Paperwork respondents, including through the use Currency, Public Information Room, 250 Clearance Officer, (202) 898–3907, Legal of automated collection techniques or E Street, SW., Mail Stop 1–5, Attention: Division, Federal Deposit Insurance other forms of information technology; 1557–0217, Washington, DC 20219. Due Corporation, 550 17th Street, NW., and (e) estimates of capital or start-up to delays in delivery of paper mail in Washington, DC 20429. costs and costs of operation, the Washington area, commenters are encouraged to submit comments by fax OTS: Marilyn K. Burton, OTS maintenance and purchase of services to Clearance Officer, (202) 906–6467, provide information. or electronic mail. Comments may be sent by fax to (202) 874–4448, or by Office of Thrift Supervision, 1700 G Judith R. Tillman, electronic mail to Street, NW., Washington, DC 20552. Assistant Commissioner, Financial [email protected]. You can SUPPLEMENTARY INFORMATION: Operations. inspect and photocopy comments at the Title: Interagency Guidance on Asset [FR Doc. 03–27517 Filed 10–31–03; 8:45 am] OCC’s Public Information Room. You Securitization Activities. BILLING CODE 4810–35–M can make an appointment to inspect the OMB Control Numbers: comments by calling (202) 874–5043. OCC: 1557–0217. FDIC: Steven F. Hanft, Paperwork FDIC: 3064–0137. DEPARTMENT OF THE TREASURY Clearance Officer, Legal Division, Room OTS: 1550–0104. MB–3064, Attention: Comments/Legal Type of Review: Extension, without Office of the Comptroller of the Division, Federal Deposit Insurance revision, of a currently approved Currency Corporation, 550 17th Street, NW., collection. Washington, DC 20429. All comments Form Number: None. FEDERAL DEPOSIT INSURANCE should refer to ‘‘Interagency Guidance Abstract: The information collection CORPORATION on Asset Securitization Activities, recordkeeping requirements in the 3064–0137.’’ Comments may be hand- Interagency Guidance are applicable to DEPARTMENT OF THE TREASURY delivered to the guard station at the rear institutions engaged in asset of the 550 17th Street Building (located securitization activities. The Guidance Office of Thrift Supervision on F Street), on business days between requires institutions to develop a 7 a.m. and 5 p.m. Fax number (202) written asset securitization policy, Agency Information Collection 898–3838; Internet address: documentation of fair value of retained Activities: Proposed Extension of [email protected]. Comments may be interests, and a management Information Collection; Comment inspected and photocopied in the FDIC information system to monitor Request Public Information Center, Room 100, securitization activities. Institution AGENCIES: Office of the Comptroller of 801 17th Street, NW., Washington, DC management uses the information as the the Currency (OCC), Treasury; Federal between 9 a.m. and 4:30 p.m. on basis for the safe and sound operation Deposit Insurance Corporation (FDIC); business days. of their asset securitization activities. and Office of Thrift Supervision (OTS), OTS: Information Collection The Agencies use the information to Treasury. Comments, Chief Counsel’s Office, evaluate the quality of an institution’s ACTION: Joint notice and request for Office of Thrift Supervision, 1700 G risk management practices. comment. Street, NW., Washington, DC 20552, Affected Public: Businesses or other Attention: 1550–0104, Fax number (202) for-profit. SUMMARY: The OCC, FDIC, and OTS 906–6518, or e-mail to Burden Estimates: (collectively, the Agencies), as part of [email protected]. Estimated Number of Respondents: their continuing effort to reduce OTS will post comments and the related OCC: 50.
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 62350 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices
FDIC:70. (a) Whether the collection is and purchase of services to provide OTS: 30. necessary for the proper performance of information. Estimated Number of Responses: the functions of the agency, including Dated: October 8, 2003. whether the information has practical OCC: 50. Mark J. Tenhundfeld, utility; FDIC:70. Assistant Director, Legislative and Regulatory OTS: 30. (b) The accuracy of the agency’s Activities Division, Office of the Comptroller estimate of the burden of the collection of the Currency. Estimated Annual Burden Hours: of information; Dated at Washington, DC this 2nd day of OCC: 2,115 hours. (c) Ways to enhance the quality, October, 2003. FDIC:2,070 hours. utility, and clarity of the information to Federal Deposit Insurance Corporation. OTS: 1,260 hours. be collected; Robert E. Feldman, Frequency of Response: On occasion. (d) Ways to minimize the burden of Executive Secretary. Comments the collection on respondents, including Dated: October 9, 2003. Comments submitted in response to through the use of automated collection By the Office of Thrift Supervision. this notice will be summarized in the techniques or other forms of information James E. Gilleran, request for OMB approval. All technology; and Director. comments will become a matter of (e) Estimates of capital or startup costs [FR Doc. 03–27499 Filed 10–31–03; 8:45 am] public record. Comments are invited on: and costs of operation, maintenance, BILLING CODES 4810–33–P; 6714–01–P; 6720–01–P
VerDate jul<14>2003 15:46 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 i
Reader Aids Federal Register Vol. 68, No. 212 Monday, November 3, 2003
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER
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. Presidential Documents Executive orders and proclamations 741–6000 The United States Government Manual 741–6000 Other Services Electronic and on-line services (voice) 741–6020 Privacy Act Compilation 741–6064 Public Laws Update Service (numbers, dates, etc.) 741–6043 TTY for the deaf-and-hard-of-hearing 741–6086
ELECTRONIC RESEARCH World Wide Web Full text of the daily Federal Register, CFR and other publications is located at: http://www.access.gpo.gov/nara Federal Register information and research tools, including Public Inspection List, indexes, and links to GPO Access are located at: http://www.archives.gov/federallregister/ E-mail FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is an open e-mail service that provides subscribers with a digital form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes HTML and PDF links to the full text of each document. To join or leave, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. PENS (Public Law Electronic Notification Service) is an e-mail service that notifies subscribers of recently enacted laws. To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html and select Join or leave the list (or change settings); then follow the instructions. FEDREGTOC-L and PENS are mailing lists only. We cannot respond to specific inquiries. Reference questions. Send questions and comments about the Federal Register system to: [email protected] The Federal Register staff cannot interpret specific documents or regulations.
FEDERAL REGISTER PAGES AND DATE, NOVEMBER 62213–62350...... 3
VerDate jul 14 2003 17:56 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\03NOCU.LOC 03NOCU ii Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Reader Aids
REMINDERS AGRICULTURE Hazardous waste program Airbus; published 10-17-03 The items in this list were DEPARTMENT authorizations: Bombardier; published 10- editorially compiled as an aid Rural Housing Service South Carolina; published 9- 29-03 to Federal Register users. Program regulations: 2-03 Eagle Aircraft (Malaysia) Solid wastes: Inclusion or exclusion from Citizenship requirements Sdn. Bhd.; published 9- this list has no legal and loan eligibility Project XL (eXcellence and 23-03 significance. regulations; technical Leadership) program; site- General Electric Co.; changes; published 11-3- specific projects— published 10-3-03 03 Georgia-Pacific Corp. pulp Learjet; published 9-29-03 RULES GOING INTO and paper mill, Big Standard instrument approach EFFECT NOVEMBER 3, AGRICULTURE Island, VA; published 8- procedures; published 11-3- 2003 DEPARTMENT 5-03 03 Rural Utilities Service FEDERAL AGRICULTURE Program regulations: COMMUNICATIONS DEPARTMENT Citizenship requirements COMMISSION COMMENTS DUE NEXT Agricultural Marketing and loan eligibility Common carrier services: WEEK Service regulations; technical Individuals with hearing and National Organic Program: changes; published 11-3- speech disabilities; AGRICULTURE 03 improved Allowed and Prohibited DEPARTMENT telecommunications relay Substances; National List; COMMERCE DEPARTMENT Agricultural Marketing and speech-to-speech amendments; published National Oceanic and Service services; published 11-3- 10-31-03 Atmospheric Administration Oranges, grapefruit, 03 Soybean promotion, research, Fishery conservation and tangerines, and tangelos and consumer information: management: GOVERNMENT ETHICS grown in Florida, and OFFICE United Soybean Board; imported; comments due by Atlantic coastal fisheries Organization, functions, and membership adjustment; 11-10-03; published 9-9-03 cooperative authority delegations; published 10-3-03 [FR 03-22948] management— published 11-3-03 AGRICULTURE Weakfish; published 10-2- AGRICULTURE HEALTH AND HUMAN DEPARTMENT DEPARTMENT 03 SERVICES DEPARTMENT Animal and Plant Health Atlantic highly migratory Animal and Plant Health Quarantine, inspection, and Inspection Service Inspection Service species— licensing: Biological agents and toxins; Atlantic bluefin tuna; Plant related quarantine; Select agents and toxins; foreign: possession, use, and published 10-2-03 possession, use, and transfer: Atlantic bluefin tuna; transfer; published 11-3- Eucalyptus logs, lumber and Agricultural Bioterrorism published 10-16-03 03 wood chips from South America; comments due Protection Act of 2002; Caribbean, Gulf, and South HOMELAND SECURITY implementation— by 11-14-03; published 9- Atlantic fisheries— DEPARTMENT 15-03 [FR 03-23432] Provisional registration South Atlantic pelagic Coast Guard AGRICULTURE certificates for sargassum habitat; Drawbridge operations: DEPARTMENT individuals and entities published 10-3-03 Louisiana; published 10-21- and provisional grants Forest Service West Coast States and 03 of access to biological Western Pacific Wisconsin; published 10-3- National Forest System land agents and toxins for fisheries— 03 and resource management individuals; published planning; comments due by HOUSING AND URBAN 11-3-03 Pacific mackerel; 11-10-03; published 9-10-03 DEVELOPMENT Interstate transportation of published 10-3-03 [FR 03-22977] DEPARTMENT animals and animal products ENVIRONMENTAL COMMERCE DEPARTMENT (quarantine): PROTECTION AGENCY Community facilities: Urban empowerment zones National Oceanic and Swine; inspection and Air pollution control; new and renewal communities; Atmospheric Administration interstate movement within motor vehicles and engines: Round III designation; Endangered and threatened production system; Compression-ignition marine published 10-3-03 species: published 11-3-03 engines at or above 30 NUCLEAR REGULATORY liters per cylinder; Critical habitat AGRICULTURE COMMISSION designations— DEPARTMENT emission standards Spent nuclear fuel and high- Washington, Oregon, Farm Service Agency Correction; published 9- level radioactive waste; Idaho, and California; 19-03 Program regulations: independent storage; salmon and steelhead; Citizenship requirements Air programs: licensing requirements: evolutionarily significant and loan eligibility Commercial and industrial Approved spent fuel storage units; comments due by regulations; technical solid waste incinerators casks; revised list; 11-13-03; published 9- changes; published 11-3- constructed on or before published 8-19-03 29-03 [FR 03-24568] 03 November 30, 1999; SECURITIES AND Endangered Species Act; AGRICULTURE Federal plan EXCHANGE COMMISSION interagency cooperation: requirements; published DEPARTMENT Investment advisors: National Fire Plan; 10-3-03 Rural Business-Cooperative Custody of funds or implementation; comments Service Air quality implementation securities of clients; due by 11-10-03; plans; approval and Program regulations: published 10-1-03 published 10-9-03 [FR 03- promulgation; various TRANSPORTATION 25621] Citizenship requirements States: and loan eligibility DEPARTMENT Fishery conservation and regulations; technical California; published 9-4-03 Federal Aviation management: changes; published 11-3- Michigan; published 9-2-03 Administration Caribbean, Gulf, and South 03 Minnesota; published 9-2-03 Airworthiness directives: Atlantic fisheries—
VerDate jul 14 2003 17:56 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4711 E:\FR\FM\03NOCU.LOC 03NOCU Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Reader Aids iii
Gulf of Mexico king promulgation; various birds; comments due by Montgomery County, PA; mackerel, Spanish States: 11-12-03; published 9- security zone; comments mackerel, and cobia; California; comments due by 12-03 [FR 03-23311] due by 11-14-03; comments due by 11- 11-13-03; published 10- GENERAL SERVICES published 9-15-03 [FR 03- 13-03; published 10-14- 14-03 [FR 03-25800] ADMINISTRATION 23504] 03 [FR 03-25924] Kentucky; comments due by Acquisition regulations: Oyster Creek Generation Gulf of Mexico red Station and Forked River, 11-13-03; published 10- Defense Priorities and snapper; comments due Ocean City, NJ; security 14-03 [FR 03-25798] Allocations System; by 11-12-03; published zone; comments due by Nevada; comments due by comments due by 11-14- 10-27-03 [FR 03-27035] 11-14-03; published 9-15- 11-10-03; published 10- 03; published 10-15-03 Gulf of Mexico shrimp; 10-03 [FR 03-25802] 03 [FR 03-23503] comments due by 11- [FR 03-26024] New Mexico; comments due Peach Bottom Atomic Power 14-03; published 9-30- HEALTH AND HUMAN by 11-10-03; published station, Susquehanna 03 [FR 03-24737] SERVICES DEPARTMENT 10-9-03 [FR 03-25543] River, NY and PA; West Coast States and Food and Drug Pennsylvania; comments security zone; comments Western Pacific Administration due by 11-14-03; fisheries— due by 11-10-03; published 10-10-03 [FR Food for human consumption: published 9-15-03 [FR 03- Pacific Coast Groundfish 03-25634] Food labeling—- 23501] Fishery Management Dietary supplements that Salem and Hope Creek Plan; comments due by Environmental statements; contain botanicals; Generation Stations, 11-14-03; published 10- availability, etc.: ingredient labeling; Delaware River, Salem 15-03 [FR 03-26075] Coastal nonpoint pollution comments due by 11- County , NJ; security Pacific whiting; comments control program— 12-03; published 8-28- zone; comments due by due by 11-13-03; Minnesota and Texas; 03 [FR 03-21980] 11-14-03; published 9-15- published 10-29-03 [FR Open for comments 03 [FR 03-23502] until further notice; Dietary supplements that 03-27248] Regattas and marine parades: International fisheries published 10-16-03 [FR contain botanicals; regulations: 03-26087] ingredient labeling; International Tug-of-War, comments due by 11- MD; comments due by Fraser River sockeye and Pesticides; tolerances in food, 12-03; published 8-28- 11-10-03; published 10- pink salmon; inseason animal feeds, and raw 03 [FR 03-21981] 10-03 [FR 03-25680] orders; comments due by agricultural commodities: 11-10-03; published 10- Trifloxystrobin; comments Reports and guidance HOMELAND SECURITY 24-03 [FR 03-26928] due by 11-10-03; documents; availability, etc.: DEPARTMENT COMMERCE DEPARTMENT published 9-10-03 [FR 03- Evaluating safety of Federal Emergency Patent and Trademark Office 23054] antimicrobial new animal Management Agency Practice and procedure: Water programs: drugs with regard to their National Flood Insurance microbiological effects on 21st Century Strategic Plan; Water quality standards— Program: bacteria of human health implementation; comments Private sector property Oregon; comments due concern; Open for due by 11-12-03; insurers; assistance; by 11-10-03; published comments until further published 9-12-03 [FR 03- comments due by 11-13- 10-10-03 [FR 03-25525] notice; published 10-27-03 23010] 03; published 10-14-03 Water supply: [FR 03-27113] DEFENSE DEPARTMENT [FR 03-25905] National primary drinking HEALTH AND HUMAN Acquisition regulations: INTERIOR DEPARTMENT water regulations— SERVICES DEPARTMENT Fish, shellfish, and seafood Long Term 2 Enhanced Fish and Wildlife Service Inspector General Office, products; comments due Surface Water Health and Human Services Endangered and threatened by 11-14-03; published 9- Treatment Rule; Department species: 15-03 [FR 03-23342] comments due by 11- Government source Medicare and Federal health Enhancement survival 10-03; published 8-11- permits; application inspection requirements; 03 [FR 03-18295] care programs; fraud and elimination; comments due abuse: requirements and FARM CREDIT issuance criteria; by 11-14-03; published 9- Clarification of terms and ADMINISTRATION comments due by 11-10- 15-03 [FR 03-23341] application of program 03; published 9-10-03 [FR Federal Acquisition Regulation Farm credit system: exclusion authority; 03-22777] (FAR): Funding and fiscal affairs, comments due by 11-14- Unique item identificataion loan policies and 03; published 9-15-03 [FR Safe harbor agreements and and valuation; operations, and funding 03-23351] candidate conservation supplement; comments operations— agreements with HOMELAND SECURITY assurances; survival due by 11-10-03; Systemwide and DEPARTMENT published 10-10-03 [FR consolidated bank debt permits enhancement; Coast Guard 03-25827] obligations; investors comments due by 11-10- Drawbridge operations: 03; published 9-10-03 [FR ENERGY DEPARTMENT and shareholders 03-22776] Federal Energy Regulatory disclosure; comments Connecticut; comments due Commission due by 11-14-03; by 11-15-03; published 6- Endangered Species Act; 2-03 [FR 03-13698] interagency cooperation: Electric rate and corporate published 9-15-03 [FR regulation filings: 03-23421] Florida; comments due by National Fire Plan; Virginia Electric & Power FEDERAL 11-10-03; published 10- implementation; comments Co. et al.; Open for COMMUNICATIONS 10-03 [FR 03-25682] due by 11-10-03; comments until further COMMISSION Minnesota and Wisconsin; published 10-9-03 [FR 03- notice; published 10-1-03 Common carrier services: comments due by 11-10- 25621] [FR 03-24818] Antenna structures; 03; published 9-9-03 [FR Importation, exportation, and ENVIRONMENTAL construction, marking, and 03-22793] transportation of wildlife: PROTECTION AGENCY lighting— Ports and waterways safety: Injurious wildlife— Air quality implementation Communications towers; Limerick Generating Station Boiga snakes; comments plans; approval and effects on migratory and Schuylkill River, due by 11-12-03;
VerDate jul 14 2003 17:56 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\03NOCU.LOC 03NOCU iv Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Reader Aids
published 9-12-03 [FR published 9-15-03 [FR 03- commerce; operator safety pamphlet) form from the 03-23286] 22651] requirements; comments Superintendent of Documents, INTERIOR DEPARTMENT Intercountry Adoption Act of due by 11-10-03; U.S. Government Printing published 8-12-03 [FR 03- Office, Washington, DC 20402 Minerals Management 2000: 20369] (phone, 202–512–1808). The Service Hague Convention; agency text will also be made Royalty Management: accreditation and person TRANSPORTATION approval; comments due DEPARTMENT available on the Internet from Crude oil produced from GPO Access at http:// by 11-14-03; published 9- Research and Special Federal leases; valuation www.access.gpo.gov/nara/ 15-03 [FR 03-22650] Programs Administration and reporting provisions; nara005.html. Some laws may comments due by 11-10- TRANSPORTATION Hazardous materials: not yet be available. 03; published 9-26-03 [FR DEPARTMENT Aluminum cylinders 03-24420] Federal Aviation manufactured of 6351-T6 H.R. 1900/P.L. 108–101 INTERIOR DEPARTMENT Administration aluminum alloy used in To award a congressional SCUBA, SCBA, and gold medal to Jackie Surface Mining Reclamation Airworthiness directives: oxygen services; Robinson (posthumously), in and Enforcement Office Airbus; comments due by 11-14-03; published 10- requalification and use recognition of his many Permanent program and 15-03 [FR 03-25978] criteria; comments due by contributions to the Nation, abandoned mine land 11-10-03; published 9-10- Anjou Aeronautique; and to express the sense of reclamation plan 03 [FR 03-22808] the Congress that there submissions: comments due by 11-10- 03; published 9-2-03 [FR TREASURY DEPARTMENT should be a national day in Indiana; comments due by recognition of Jackie 03-22257] Internal Revenue Service 11-14-03; published 10- Robinson. (Oct. 29, 2003; 117 15-03 [FR 03-26081] Bombardier; comments due Income taxes: Stat. 1195) by 11-10-03; published Contingent payment debt JUSTICE DEPARTMENT H.R. 3229/P.L. 108–102 10-9-03 [FR 03-25590] instruments for one or Drug Enforcement Dassault; comments due by more payments To amend title 44, United Administration 11-10-03; published 10-9- denominated in or States Code, to transfer to the Controlled substances; 03 [FR 03-25589] determined by reference Public Printer the authority manufacturers, distributors, Fokker; comments due by to nonfunctional currency; over the individuals and dispensors; registration: 11-13-03; published 10- treatment; comments due responsible for preparing Personal medical use; 14-03 [FR 03-25866] by 11-12-03; published 8- indexes of the Congressional Record, and for other exemption from import or Gulfstream; comments due 29-03 [FR 03-21827] purposes. (Oct. 29, 2003; 117 export requirements; by 11-10-03; published 9- Partnerships with foreign Stat. 1198) comments due by 11-10- 11-03 [FR 03-22991] partners; obligation to pay 03; published 9-11-03 [FR McDonnell Douglas; withholding tax on taxable S. 1591/P.L. 108–103 03-23169] comments due by 11-14- income; comments due by To redesignate the facility of JUSTICE DEPARTMENT 03; published 9-30-03 [FR 11-13-03; published 9-3- the United States Postal Parole Commission 03-24680] 03 [FR 03-22175] Service located at 48 South Federal prisoners; paroling Rolls-Royce plc; comments VETERANS AFFAIRS Broadway, Nyack, New York, and releasing, etc.: due by 11-10-03; DEPARTMENT as the ‘‘Edward O’Grady, Waverly Brown, Peter Paige District of Columbia and published 9-9-03 [FR 03- Loan guaranty: 22888] Post Office Building’’. (Oct. 29, United States codes; Hybrid adjustable rate 2003; 117 Stat. 1199) prisoners serving Class E airspace; comments mortgages; comments due sentences— due by 11-13-03; published by 11-10-03; published Last List October 29, 2003 Supervision of released 9-29-03 [FR 03-24601] 10-9-03 [FR 03-25560] prisoners serving TRANSPORTATION supervised release DEPARTMENT Public Laws Electronic terms; comments due Federal Highway LIST OF PUBLIC LAWS Notification Service by 11-12-03; published Administration (PENS) 7-15-03 [FR 03-17176] This is a continuing list of Engineering and traffic public bills from the current PERSONNEL MANAGEMENT operations: session of Congress which PENS is a free electronic mail OFFICE National bridge inspection have become Federal laws. It notification service of newly Pay administration: standards; comments due may be used in conjunction enacted public laws. To Extended assignment by 11-10-03; published 9- with ‘‘PLUS’’ (Public Laws subscribe, go to http:// incentives; comments due 9-03 [FR 03-22807] Update Service) on 202–741– listserv.gsa.gov/archives/ by 11-12-03; published 9- TRANSPORTATION 6043. This list is also publaws-l.html 12-03 [FR 03-23132] DEPARTMENT available online at http:// Note: This service is strictly STATE DEPARTMENT Federal Motor Carrier Safety www.nara.gov/fedreg/ plawcurr.html. for E-mail notification of new Intercountry Adoption Act of Administration laws. The text of laws is not 2000: Motor carrier safety standards: The text of laws is not available through this service. Hague Convention; record Small passenger-carrying published in the Federal PENS cannot respond to preservation; comments commercial motor vehicles Register but may be ordered specific inquiries sent to this due by 11-14-03; used in interstate in ‘‘slip law’’ (individual address.
VerDate jul 14 2003 17:56 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\03NOCU.LOC 03NOCU Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Reader Aids v
CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–050–00038–5) ...... 60.00 Jan. 1, 2003 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–050–00039–3) ...... 58.00 Jan. 1, 2003 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–050–00040–7) ...... 28.00 Jan. 1, 2003 numbers, prices, and revision dates. 200–1199 ...... (869–050–00041–5) ...... 47.00 Jan. 1, 2003 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–050–00042–3) ...... 43.00 Jan. 1, 2003 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–050–00043–1) ...... 37.00 Jan. 1, 2003 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–050–00044–0) ...... 57.00 Jan. 1, 2003 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–050–00045–8) ...... 40.00 Jan. 1, 2003 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–050–00046–6) ...... 47.00 Jan. 1, 2003 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–050–00047–4) ...... 57.00 Jan. 1, 2003 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: The annual rate for subscription to all revised paper volumes is 1–199 ...... (869–050–00049–1) ...... 50.00 Apr. 1, 2003 $1195.00 domestic, $298.75 additional for foreign mailing. 200–239 ...... (869–050–00050–4) ...... 58.00 Apr. 1, 2003 240–End ...... (869–050–00051–2) ...... 62.00 Apr. 1, 2003 Mail orders to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 18 Parts: accompanied by remittance (check, money order, GPO Deposit 1–399 ...... (869–050–00052–1) ...... 62.00 Apr. 1, 2003 Account, VISA, Master Card, or Discover). Charge orders may be 400–End ...... (869–050–00053–9) ...... 25.00 Apr. 1, 2003 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 ...... (869–050–00054–7) ...... 60.00 Apr. 1, 2003 charge orders to (202) 512-2250. 141–199 ...... (869–050–00055–5) ...... 58.00 Apr. 1, 2003 Title Stock Number Price Revision Date 200–End ...... (869–050–00056–3) ...... 30.00 Apr. 1, 2003 1, 2 (2 Reserved) ...... (869–050–00001–6) ...... 9.00 4Jan. 1, 2003 20 Parts: 1–399 ...... (869–050–00057–1) ...... 50.00 Apr. 1, 2003 3 (1997 Compilation 400–499 ...... (869–050–00058–0) ...... 63.00 Apr. 1, 2003 and Parts 100 and 500–End ...... (869–050–00059–8) ...... 63.00 Apr. 1, 2003 101) ...... (869–050–00002–4) ...... 32.00 1 Jan. 1, 2003 21 Parts: 4 ...... (869–050–00003–2) ...... 9.50 Jan. 1, 2003 1–99 ...... (869–050–00060–1) ...... 40.00 Apr. 1, 2003 5 Parts: 100–169 ...... (869–050–00061–0) ...... 47.00 Apr. 1, 2003 1–699 ...... (869–050–00004–1) ...... 57.00 Jan. 1, 2003 170–199 ...... (869–050–00062–8) ...... 50.00 Apr. 1, 2003 700–1199 ...... (869–050–00005–9) ...... 46.00 Jan. 1, 2003 200–299 ...... (869–050–00063–6) ...... 17.00 Apr. 1, 2003 1200–End, 6 (6 300–499 ...... (869–050–00064–4) ...... 29.00 Apr. 1, 2003 Reserved) ...... (869–050–00006–7) ...... 58.00 Jan. 1, 2003 500–599 ...... (869–050–00065–2) ...... 47.00 Apr. 1, 2003 7 Parts: 600–799 ...... (869–050–00066–1) ...... 15.00 Apr. 1, 2003 1–26 ...... (869–050–00007–5) ...... 40.00 Jan. 1, 2003 800–1299 ...... (869–050–00067–9) ...... 58.00 Apr. 1, 2003 27–52 ...... (869–050–00008–3) ...... 47.00 Jan. 1, 2003 1300–End ...... (869–050–00068–7) ...... 22.00 Apr. 1, 2003 53–209 ...... (869–050–00009–1) ...... 36.00 Jan. 1, 2003 22 Parts: 210–299 ...... (869–050–00010–5) ...... 59.00 Jan. 1, 2003 1–299 ...... (869–050–00069–5) ...... 62.00 Apr. 1, 2003 300–399 ...... (869–050–00011–3) ...... 43.00 Jan. 1, 2003 300–End ...... (869–050–00070–9) ...... 44.00 Apr. 1, 2003 400–699 ...... (869–050–00012–1) ...... 39.00 Jan. 1, 2003 700–899 ...... (869–050–00013–0) ...... 42.00 Jan. 1, 2003 23 ...... (869–050–00071–7) ...... 44.00 Apr. 1, 2003 900–999 ...... (869–050–00014–8) ...... 57.00 Jan. 1, 2003 24 Parts: 1000–1199 ...... (869–050–00015–6) ...... 23.00 Jan. 1, 2003 0–199 ...... (869–050–00072–5) ...... 58.00 Apr. 1, 2003 1200–1599 ...... (869–050–00016–4) ...... 58.00 Jan. 1, 2003 200–499 ...... (869–050–00073–3) ...... 50.00 Apr. 1, 2003 1600–1899 ...... (869–050–00017–2) ...... 61.00 Jan. 1, 2003 500–699 ...... (869–050–00074–1) ...... 30.00 Apr. 1, 2003 4 1900–1939 ...... (869–050–00018–1) ...... 29.00 Jan. 1, 2003 700–1699 ...... (869–050–00075–0) ...... 61.00 Apr. 1, 2003 1940–1949 ...... (869–050–00019–9) ...... 47.00 Jan. 1, 2003 1700–End ...... (869–050–00076–8) ...... 30.00 Apr. 1, 2003 1950–1999 ...... (869–050–00020–2) ...... 45.00 Jan. 1, 2003 2000–End ...... (869–050–00021–1) ...... 46.00 Jan. 1, 2003 25 ...... (869–050–00077–6) ...... 63.00 Apr. 1, 2003 8 ...... (869–050–00022–9) ...... 58.00 Jan. 1, 2003 26 Parts: §§ 1.0–1–1.60 ...... (869–050–00078–4) ...... 49.00 Apr. 1, 2003 9 Parts: §§ 1.61–1.169 ...... (869–050–00079–2) ...... 63.00 Apr. 1, 2003 1–199 ...... (869–050–00023–7) ...... 58.00 Jan. 1, 2003 §§ 1.170–1.300 ...... (869–050–00080–6) ...... 57.00 Apr. 1, 2003 200–End ...... (869–050–00024–5) ...... 56.00 Jan. 1, 2003 §§ 1.301–1.400 ...... (869–050–00081–4) ...... 46.00 Apr. 1, 2003 10 Parts: §§ 1.401–1.440 ...... (869–050–00082–2) ...... 61.00 Apr. 1, 2003 1–50 ...... (869–050–00025–3) ...... 58.00 Jan. 1, 2003 §§ 1.441–1.500 ...... (869–050–00083–1) ...... 50.00 Apr. 1, 2003 51–199 ...... (869–050–00026–1) ...... 56.00 Jan. 1, 2003 §§ 1.501–1.640 ...... (869–050–00084–9) ...... 49.00 Apr. 1, 2003 200–499 ...... (869–050–00027–0) ...... 44.00 Jan. 1, 2003 §§ 1.641–1.850 ...... (869–050–00085–7) ...... 60.00 Apr. 1, 2003 500–End ...... (869–050–00028–8) ...... 58.00 Jan. 1, 2003 §§ 1.851–1.907 ...... (869–050–00086–5) ...... 60.00 Apr. 1, 2003 11 ...... (869–050–00029–6) ...... 38.00 Jan. 1, 2003 §§ 1.908–1.1000 ...... (869–050–00087–3) ...... 60.00 Apr. 1, 2003 §§ 1.1001–1.1400 ...... (869–050–00088–1) ...... 61.00 Apr. 1, 2003 12 Parts: §§ 1.1401–1.1503–2A .... (869–050–00089–0) ...... 50.00 Apr. 1, 2003 1–199 ...... (869–050–00030–0) ...... 30.00 Jan. 1, 2003 §§ 1.1551–End ...... (869–050–00090–3) ...... 50.00 Apr. 1, 2003 200–219 ...... (869–050–00031–8) ...... 38.00 Jan. 1, 2003 2–29 ...... (869–050–00091–1) ...... 60.00 Apr. 1, 2003 220–299 ...... (869–050–00032–6) ...... 58.00 Jan. 1, 2003 30–39 ...... (869–050–00092–0) ...... 41.00 Apr. 1, 2003 300–499 ...... (869–050–00033–4) ...... 43.00 Jan. 1, 2003 40–49 ...... (869–050–00093–8) ...... 26.00 Apr. 1, 2003 500–599 ...... (869–050–00034–2) ...... 38.00 Jan. 1, 2003 50–299 ...... (869–050–00094–6) ...... 41.00 Apr. 1, 2003 600–899 ...... (869–050–00035–1) ...... 54.00 Jan. 1, 2003 300–499 ...... (869–050–00095–4) ...... 61.00 Apr. 1, 2003 ...... 900–End (869–050–00036–9) 47.00 Jan. 1, 2003 500–599 ...... (869–050–00096–2) ...... 12.00 5Apr. 1, 2003 13 ...... (869–050–00037–7) ...... 47.00 Jan. 1, 2003 600–End ...... (869–050–00097–1) ...... 17.00 Apr. 1, 2003
VerDate jul 14 2003 17:58 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4721 Sfmt 4721 E:\FR\FM\03NOCL.LOC 03NOCL vi Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Reader Aids
Title Stock Number Price Revision Date Title Stock Number Price Revision Date 27 Parts: 86 (86.600–1–End) ...... (869–050–00152–7) ...... 50.00 July 1, 2003 1–199 ...... (869–050–00098–9) ...... 63.00 Apr. 1, 2003 87–99 ...... (869–050–00153–5) ...... 60.00 July 1, 2003 200–End ...... (869–050–00099–7) ...... 25.00 Apr. 1, 2003 100–135 ...... (869–050–00154–3) ...... 43.00 July 1, 2003 ...... 28 Parts: ...... *136–149 (869–150–00155–1) 61.00 July 1, 2003 150–189 ...... 0–42 ...... (869–050–00100–4) ...... 61.00 July 1, 2003 (869–050–00156–0) 49.00 July 1, 2003 190–259 ...... 43–End ...... (869–050–00101–2) ...... 58.00 July 1, 2003 (869–050–00157–8) 39.00 July 1, 2003 260–265 ...... (869–050–00158–6) ...... 50.00 July 1, 2003 29 Parts: 266–299 ...... (869–048–00156–5) ...... 47.00 July 1, 2002 0–99 ...... (869–050–00102–1) ...... 50.00 July 1, 2003 300–399 ...... (869–050–00160–8) ...... 42.00 July 1, 2003 100–499 ...... (869–050–00103–9) ...... 22.00 July 1, 2003 400–424 ...... (869–050–00161–6) ...... 56.00 July 1, 2003 500–899 ...... (869–050–00104–7) ...... 61.00 July 1, 2003 425–699 ...... (869–050–00162–4) ...... 61.00 July 1, 2003 900–1899 ...... (869–050–00105–5) ...... 35.00 July 1, 2003 700–789 ...... (869–050–00163–2) ...... 61.00 July 1, 2003 1900–1910 (§§ 1900 to 790–End ...... (869–050–00164–1) ...... 58.00 July 1, 2003 1910.999) ...... (869–050–00106–3) ...... 61.00 July 1, 2003 41 Chapters: 1910 (§§ 1910.1000 to 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 end) ...... (869–050–00107–1) ...... 46.00 July 1, 2003 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–050–00108–0) ...... 30.00 July 1, 2003 3–6 ...... 14.00 3 July 1, 1984 1926 ...... (869–050–00109–8) ...... 50.00 July 1, 2003 7 ...... 6.00 3 July 1, 1984 1927–End ...... (869–050–00110–1) ...... 62.00 July 1, 2003 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 ...... (869–050–00112–8) ...... 50.00 July 1, 2003 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–050–00113–6) ...... 57.00 July 1, 2003 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 ...... (869–050–00114–4) ...... 40.00 July 1, 2003 1–100 ...... (869–048–00162–0) ...... 23.00 July 1, 2002 200–End ...... (869–050–00115–2) ...... 64.00 July 1, 2003 101 ...... (869–050–00166–7) ...... 24.00 July 1, 2003 32 Parts: 102–200 ...... (869–050–00167–5) ...... 50.00 July 1, 2003 1–39, Vol. I ...... 15.00 2 July 1, 1984 201–End ...... (869–050–00168–3) ...... 22.00 July 1, 2003 1–39, Vol. II ...... 19.00 2 July 1, 1984 42 Parts: 1–39, Vol. III ...... 18.00 2 July 1, 1984 1–399 ...... (869–048–00166–2) ...... 56.00 Oct. 1, 2002 1–190 ...... (869–050–00116–1) ...... 60.00 July 1, 2003 400–429 ...... (869–048–00167–1) ...... 59.00 Oct. 1, 2002 191–399 ...... (869–050–00117–9) ...... 63.00 July 1, 2003 430–End ...... (869–048–00168–9) ...... 61.00 Oct. 1, 2002 400–629 ...... (869–050–00118–7) ...... 50.00 July 1, 2003 630–699 ...... (869–050–00119–5) ...... 37.00 7July 1, 2003 43 Parts: 700–799 ...... (869–050–00120–9) ...... 46.00 July 1, 2003 1–999 ...... (869–048–00169–7) ...... 47.00 Oct. 1, 2002 800–End ...... (869–050–00121–7) ...... 47.00 July 1, 2003 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 ...... (869–050–00122–5) ...... 55.00 July 1, 2003 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 ...... (869–050–00124–1) ...... 50.00 July 1, 2003 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 ...... (869–050–00125–0) ...... 49.00 July 1, 2003 1200–End ...... (869–048–00175–1) ...... 57.00 Oct. 1, 2002 7 300–399 ...... (869–050–00126–8) ...... 43.00 July 1, 2003 46 Parts: 400–End ...... (869–050–00127–6) ...... 61.00 July 1, 2003 1–40 ...... (869–048–00176–0) ...... 44.00 Oct. 1, 2002 35 ...... (869–050–00128–4) ...... 10.00 6July 1, 2003 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 ...... (869–048–00179–4) ...... 42.00 Oct. 1, 2002 ...... 1–199 (869–050–00129–2) 37.00 July 1, 2003 140–155 ...... (869–048–00180–8) ...... 24.00 9Oct. 1, 2002 ...... 200–299 (869–050–00130–6) 37.00 July 1, 2003 156–165 ...... (869–048–00181–6) ...... 31.00 9Oct. 1, 2002 ...... 300–End (869–050–00131–4) 61.00 July 1, 2003 166–199 ...... (869–048–00182–4) ...... 44.00 Oct. 1, 2002 37 ...... (869–050–00132–2) ...... 50.00 July 1, 2003 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 ...... (869–050–00133–1) ...... 58.00 July 1, 2003 47 Parts: 18–End ...... (869–050–00134–9) ...... 62.00 July 1, 2003 0–19 ...... (869–048–00185–9) ...... 57.00 Oct. 1, 2002 20–39 ...... (869–048–00186–7) ...... 45.00 Oct. 1, 2002 39 ...... (869–050–00135–7) ...... 41.00 July 1, 2003 40–69 ...... (869–048–00187–5) ...... 36.00 Oct. 1, 2002 40 Parts: 70–79 ...... (869–048–00188–3) ...... 58.00 Oct. 1, 2002 1–49 ...... (869–050–00136–5) ...... 60.00 July 1, 2003 80–End ...... (869–048–00189–1) ...... 57.00 Oct. 1, 2002 50–51 ...... (869–050–00137–3) ...... 44.00 July 1, 2003 48 Chapters: 52 (52.01–52.1018) ...... (869–048–00136–1) ...... 55.00 July 1, 2002 1 (Parts 1–51) ...... (869–048–00190–5) ...... 59.00 Oct. 1, 2002 52 (52.1019–End) ...... (869–048–00137–9) ...... 58.00 July 1, 2002 1 (Parts 52–99) ...... (869–048–00191–3) ...... 47.00 Oct. 1, 2002 53–59 ...... (869–050–00140–3) ...... 31.00 July 1, 2003 2 (Parts 201–299) ...... (869–048–00192–1) ...... 53.00 Oct. 1, 2002 60 (60.1–End) ...... (869–050–00141–1) ...... 58.00 July 1, 2003 3–6 ...... (869–048–00193–0) ...... 30.00 Oct. 1, 2002 60 (Apps) ...... (869–050–00142–0) ...... 51.00 8July 1, 2003 7–14 ...... (869–048–00194–8) ...... 47.00 Oct. 1, 2002 61–62 ...... (869–050–00143–8) ...... 43.00 July 1, 2003 15–28 ...... (869–048–00195–6) ...... 55.00 Oct. 1, 2002 63 (63.1–63.599) ...... (869–050–00144–6) ...... 58.00 July 1, 2003 29–End ...... (869–048–00196–4) ...... 38.00 9Oct. 1, 2002 63 (63.600–63.1199) ...... (869–050–00145–4) ...... 50.00 July 1, 2003 63 (63.1200–End) ...... (869–048–00144–1) ...... 61.00 July 1, 2002 49 Parts: 64–71 ...... (869–050–00148–9) ...... 29.00 July 1, 2003 1–99 ...... (869–048–00197–2) ...... 56.00 Oct. 1, 2002 72–80 ...... (869–050–00149–7) ...... 61.00 July 1, 2003 100–185 ...... (869–048–00198–1) ...... 60.00 Oct. 1, 2002 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 ...... (869–048–00200–6) ...... 61.00 Oct. 1, 2002
VerDate jul 14 2003 17:58 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\03NOCL.LOC 03NOCL Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Reader Aids vii
Title Stock Number Price Revision Date 400–999 ...... (869–048–00201–4) ...... 61.00 Oct. 1, 2002 1000–1199 ...... (869–048–00202–2) ...... 25.00 Oct. 1, 2002 1200–End ...... (869–048–00203–1) ...... 30.00 Oct. 1, 2002 50 Parts: 1–17 ...... (869–048–00204–9) ...... 60.00 Oct. 1, 2002 18–199 ...... (869–048–00205–7) ...... 40.00 Oct. 1, 2002 200–599 ...... (869–048–00206–5) ...... 38.00 Oct. 1, 2002 600–End ...... (869–048–00207–3) ...... 58.00 Oct. 1, 2002 CFR Index and Findings Aids ...... (869–050–00048–2) ...... 59.00 Jan. 1, 2003 Complete 2003 CFR set ...... 1,195.00 2003 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2003 Individual copies ...... 2.00 2003 Complete set (one-time mailing) ...... 298.00 2002 Complete set (one-time mailing) ...... 290.00 2001 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, 2002, through January 1, 2003. The CFR volume issued as of January 1, 2002 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 July 1, 2000, through July 1, 2001. The CFR volume issued as of July 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2002, through July 1, 2003. The CFR volume issued as of July 1, 2002 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 retaine-
VerDate jul 14 2003 17:58 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00003 Fmt 4721 Sfmt 4721 E:\FR\FM\03NOCL.LOC 03NOCL viii Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Reader Aids
TABLE OF EFFECTIVE DATES AND TIME PERIODS—NOVEMBER 2003
This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)
DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION
Nov 3 Nov 18 Dec 3 Dec 18 Jan 2 Feb 2
Nov 4 Nov 19 Dec 4 Dec 19 Jan 5 Feb 2
Nov 5 Nov 20 Dec 5 Dec 22 Jan 5 Feb 3
Nov 6 Nov 21 Dec 8 Dec 22 Jan 5 Feb 4
Nov 7 Nov 24 Dec 8 Dec 22 Jan 6 Feb 5
Nov 10 Nov 25 Dec 10 Dec 26 Jan 9 Feb 9
Nov 12 Nov 28 Dec 12 Dec 29 Jan 12 Feb 10
Nov 13 Nov 28 Dec 15 Dec 29 Jan 12 Feb 11
Nov 14 Dec 1 Dec 15 Dec 29 Jan 13 Feb 12
Nov 17 Dec 2 Dec 17 Jan 2 Jan 16 Feb 17
Nov 18 Dec 3 Dec 18 Jan 2 Jan 20 Feb 17
Nov 19 Dec 4 Dec 19 Jan 5 Jan 20 Feb 17
Nov 20 Dec 5 Dec 22 Jan 5 Jan 20 Feb 18
Nov 21 Dec 8 Dec 22 Jan 5 Jan 20 Feb 19
Nov 24 Dec 9 Dec 24 Jan 8 Jan 23 Feb 23
Nov 25 Dec 10 Dec 26 Jan 9 Jan 26 Feb 23
Nov 26 Dec 11 Dec 26 Jan 12 Jan 26 Feb 24
Nov 28 Dec 15 Dec 29 Jan 12 Jan 27 Feb 26
VerDate jul 14 2003 18:04 Oct 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4201 Sfmt 4701 E:\FR\FM\03NOEF.LOC 03NOEF